TOWN OF SOMERS

ZONING COMMISSION

P. O. Box 308

Somers, Connecticut 06071

 

ZONING COMMISSION MINUTES

2/18/03; 7:00 p.m.

Town Hall

 

I.       PUBLIC HEARINGS:

         a.       Special Use Permit Application for Dog Obedience School, 430 South Road Pleasant View Farms Realty

 

         Chairman Peter Klein opened the public hearing at 7:05 p.m.  Town Planner Patrice Carson read the legal notice.  A transcript of this public hearing can be made available.

 

Al Wolf of 16 McCullough Drive identified himself as Director of the Obedience School for Dogs in Somers and East Longmeadow.  The classes in Somers are held on Tuesdays at 9:00 until 12:00 noon, and in the evening from 6:30 to 10:00 p.m.  Classes were set up in Somers because we have so many students from Somers.  All training is done inside - there is no equipment involved.  When a dog and his handler reach the stage where the dog responds positively to the handler, agility training is done outside between the building and the road.  The dog is taught to jump over certain obstacles and follow a specialized course that would prepare the dog for competition.

 

Classes start with a basic beginner course for both the dog and its handler and build from there.  The handler should work with his dog independently during the week so that a definite improvement is noted at the next class.  Classes for each dog normally cover an eight week span.

 

Peter Klein asked how would people know about this school?  Mr. Wolf replied that the school is advertised in a local paper and that no signs would be used.

 

Patrice Carson reported that the Planning Commission reviewed this Special Use Permit and recommended approval to the Zoning Commission.

 

The occasional dog show that the School does on a Sunday afternoon is covered by the permit that Jeff Lipton already has for flea markets and auctions.

 

George Sulikowski made a motion to close the public hearing; seconded by Roy Slater and unanimously approved by the Commission.  The public hearing closed at 7:13 p.m.

 

II.      CALL TO ORDER:

 

         Chairman Peter Klein called the regular meeting to order at 7:15 p.m.  Members present were:  Peter Klein; Robert Martin; George Sulikowski and Alternates Roy Slater and Jill Conklin.  Roy Slater was seated for Marie Burnette and Jill Conklin was seated for Lise Wood.  Also present was Town Planner, Patrice Carson.

 

III.     MINUTES APPROVAL:      February 3, 2003

 

         Robert Martin made a motion to approve the 2/3/03 minutes, as written.  Jill Conklin seconded the motion.  The vote was:  (4) in favor; (0) opposed; (1) abstention (Slater).  The motion passed.

 

IV.     OLD BUSINESS:

         a.       Discussion /Possible Decision:  Special Use Permit Application for Dog Obedience School, 430 South Road, Pleasant View Farms Realty

 

         George Sulikowski made a motion to approve the Special Use Permit Application for Dog Obedience School at 430 South Road.  Roy Slater seconded the motion which was unanimously approved by the Commission.

 

Mr. Wolf was told by the Town Planner that classes could resume (15) days after the date of publication of the public hearing results.  Patrice suggested that Mr. Wolf contact Jim Taylor, Zoning Enforcement Officer, to see if anything else is required.

 

         b.       Other:

                  Recap on Zoning Commission's 2003-04 Budget:

 

                  Patrice Carson reported that it is necessary to print (50) copies of Zoning Regulations with new amendments so an additional $400.00 was added to the Printing line item.  The cost is $12.40/book and the books sell for $16.00 to recoup cost.  The Town Clerk has a high speed laser printer that possibly she can use to print these regulations.  If this happens, then we won't need this additional money and it can be returned to the General Fund.

 

Peter Klein asked if payment for these Zoning Regulations could be split over two years.  Patrice Carson said (50) copies have to be ordered at once in order to get the price quoted.

 

George Sulikowski said he feels the Zoning Enforcement Officer should attend Zoning Commission meetings.  Jim Taylor has had his hours cut for the remainder of this fiscal year and Jim feels he should spend these hours in the office working on zoning issues.  He does not have the hours to do both.

 

Patrice Carson said she does not know if Jim Taylor will attend Zoning meetings after the beginning of the next fiscal year.

 

V.      NEW BUSINESS:

         a.       Other:

 

         Patrice Carson asked that (2) items be added under New Business - Other.  Roy Slater made a motion to add (2) items under New Business - Other.  This motion was seconded by Robert Martin and unanimously approved by the Commission.

 

Discussion of Zoning Regulation 214-99C:

 

Zoning Regulation 214-99C is now worded to indicate that the regulation requires an additional (25) feet between an industrial zone and residential zone other than the (25) foot side or rear yard requirement.  Patrice Carson suggested that the wording should be changed to eliminate the words "in addition to side or rear yard requirement".  The intent of the regulation was to require 25' of landscaped buffer between an industrial zone and a residential zone.  Right now, the regulation could be misinterpreted to mean that a 50' buffer is required between the two zones.

 

George Sulikowski said the owner of the industrial land is responsible for planting the buffer area.  Roy Slater said the regulation should identify the type of screening that is required by the Zoning Commission.  Roy feels the buffer area should be densely planted with shrubs and trees at least 4' high at the time of planting.  He also feels the plantings should be staggered so they do not choke each other out.

 

Patrice Carson said the screening needs to be effective all year around - so evergreen type trees would be the best choice.

 

Patrice Carson will draft a revision to this regulation to be presented to the Commission for their approval.  Then this revision could be added to the next public hearing agenda.

 

         Ridge Line Regulation 214-86:

 

         Patrice Carson said she has been unable to locate the Ridge Line Map that was hand drawn by her several years ago.  Patrice said that several maps were lost in the move from Kibbe-Fuller to Town Hall.  Unfortunately, there was no backup copy of the Ridge Line Map.

 

The GIS system will be up and running within a few weeks.  Patrice can re-create the Ridge Line Map when the GIS system is operating.

 

Patrice said the current Ridge Line Regulation does not have enforcement powers and puts our Zoning Enforcement Officer, Jim Taylor, in a bad situation.  Patrice recommends that the Ridge Line Regulation be removed from the Zoning Regulations - at least for the time being.  State legislation has come up with a Ridge Line Protection area.  Possibly, this legislation - along with an accurate Ridge Line Map - could give the Commission some means of enforcing a Ridge Line Regulation.

 

Rob Martin asked how long it would be before another Ridge Line Map would be available.  Patrice estimated about a month.  Patrice feels that if the Commission leaves the Ridge Line Regulation in place - with no method of enforcing it - the Commission could be looking for trouble.

 

It was the consensus of the Commission to remove the Ridge Line Regulation 214-86.1 from the Zoning Regulations - at least temporarily - until the Commission has an accurate Ridge Line Map and a method of enforcing this regulation.

 

Elimination of this regulation will be included as an agenda item for the next public hearing.

 

VI.     STAFF/COMMISSIONER REPORTS:

 

         Jim Taylor, Zoning Enforcement Officer, submitted a written report to Chairman Klein.  Jim issued (2) zoning permits and signed off on (12) Certificates of Occupancy since the last Zoning meeting.

 

The ZEO initiated (2) enforcement actions - one at 24 Haas Rd. (storage of recreational vehicle) and the other at 54 Main Street (failure to obtain a Zoning permit).  He eliminated (1) violation at 36 Country Fair Drive (permit and C.O. for shed).

 

There are (3) remaining flood lights in violation on Field and Egypt Roads that are in the process of being corrected by CL&P.  Location of these lights:  Protek Auto Body; Smyth's Auto Body and Four Town Fair Auto Sales.

 

George Sulikowski is concerned about the light at Hall Hill Gardens that is spilling out onto the road and blinding motorists.  This concern will be turned over to the ZEO for investigation.

 

VII.    AUDIENCE COMMENTS:    There were none.

 

VIII.   CORRESPONDENCE AND BILLS:

 

         Patrice Carson passed out copies of a letter Elaine Hayes sent to the ZEO.  She also read a thank you note from Pat Jones.

 

There were (3) bills - all from the Journal Inquirer:

         Public Hearing 1/21/03          $125.92

         Meeting of 1/6/03               $55.09

         Meeting of 1/21/03              $47.22

 

The ZBA is purchasing a digital camera and a TV with a VCR built into it.  The ZBA is asking if the Zoning Commission would like to contribute $50.00 towards these purchases.  They are asking the same from the Planning and Conservation Commissions.  These Land Use Commissions could then use these items, if needed.

 

After a brief discussion, it was the consensus of the Commission that Zoning would not use these items and therefore declined to contribute.  The Sanitarian has a digital camera that the Zoning Commission can borrow.

 

Rob Martin made a motion to authorize payment of the (3) Journal Inquirer bills; seconded by Jill Conklin and unanimously approved by the Commission.

 

IX.      ADJOURNMENT:

 

         Motion to adjourn made by Rob Martin; seconded by Roy Slater and unanimously approved by the Commission.  The meeting was adjourned at 8:05 p.m.

 

                                    Respectfully submitted,

 

 

 

                                    Marie Burnette, Secretary

 

                                    Connie Carenzo, Recording Secretary