MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING
TOWN OF SOMERS
ZONING
COMMISSION
P. O. Box 308
Somers,
Connecticut 06071
ZONING
COMMISSION MINUTES
4/21/03;
7:30 p.m.
Town Hall
I. CALL TO ORDER:
Vice-Chairman Lise Wood called the meeting to order at 7:32 p.m. Members present were: Lise Wood; George Sulikowski; Robert Martin; Marie Burnette and Alternate Roy Slater. Roy Slater was seated for Peter Klein. Also present was Town Planner Patrice Carson.
II. MINUTES APPROVAL: April
7, 2003
Robert Martin made a motion to approve the April 7, 2003 minutes, as written. This motion was seconded by Marie Burnette and unanimously approved by the Commission.
III. OLD BUSINESS:
a. Site Plan Application for
Woodworking Shop, 34 Egypt Road (Units A & B) Reardon
This
Site Plan for a woodworking shop was discussed at the last Zoning meeting. At their April 10, 2003 meeting, the
Planning Commission recommended approval of this Site Plan to the Zoning
Commission.
Zoning Enforcement Officer Jim Taylor requested that
all stock inventory and equipment be stored inside the buildings. Angela Koehler, a neighbor, submitted a
letter that said the previous tenant had left old tires, a child's gym and pool
in the yard after he vacated the property.
Dave Birkenshaw said that all of this debris has been taken away.
Roy Slater expressed concern about the noise
generated by the machinery used in the woodworking shop. He feels the noise should not go beyond the
confines of the property.
Dave Birkenshaw said the noise should be
minimal. If noise becomes a problem in
the summer months, the doors to the buildings will have to remain closed.
Robert Martin made a motion to approve the Site Plan
Application for a woodworking shop at 34 Egypt Road (Units A & B); seconded
by George Sulikowski and unanimously approved by the Commission.
IV. NEW BUSINESS:
Roy Slater made a motion to include the following item under New Business; seconded by Rob Martin and unanimously approved by the Commission.
a. Discussion
- Development of Worthington Pond - Roulier
Dan
Roulier, owner of Worthington Pond - presented a rendering of present and
future development of this site as an outdoor recreational facility - already
permitted by the Zoning Commission.
Dan Roulier said he was recently issued a Cease
& Desist by the Fire Marshal and Building Inspector for having too many
people inside his existing buildings.
He planned a pancake breakfast to benefit a Somers family and 750 people
showed up to participate. He didn't
expect more than 150 people. Dan
acknowledged that it was a disaster as far as parking and crowded conditions
were concerned.
Dan plans to develop some of his Worthington Pond
property for corporate and educational use.
He has a building permit pending for an outdoor pavilion that will house
bathrooms that can be used by people attending outdoor events. He plans a 24' x 32' building called Chester House with a
wrap-around porch. The first floor will
be all bathrooms and the second floor will be one large room with a fireplace
for corporate meetings. He also plans a
meeting house with men's and women's locker rooms and showers.
Dan said he runs a farm on the property and raises
(30) head of cattle to be donated to the homeless.
Dan introduced Mary Keeney of Maple Street who is
working with him on setting up a program of outdoor educational programs for
children. They would like to come up
with plans that would give back to the community - hands-on programs such as
measuring the water quality under the covered bridge. These programs would involve small groups of students - not too
many people at one time.
Springfield College and the Audubon Society have
expressed an interest in developing educational programs at Worthington
Pond. The Worthington Pond property
consists of (80) acres and abuts the YMCA property of (140) acres. He may request a permit to build small
cabins for overnight use by executives attending technical seminars or programs
conducted on the property - just small post and beam structures with a small
fireplace. He plans to employ a
catering service and alcohol will not be served. A new "dram law" states there is unlimited liability to
the property owner if someone is in an accident and has had alcoholic beverages
on the property.
Dan plans a fund raiser for cystic fibrosis in
June. He said a cash flow is needed to
pay the bills.
The Town Planner said the Commission has to decide
whether any of Dan Roulier's plans are not covered by the outdoor activity
permit that he already has.
Roy Slater said the Fire Marshal felt that the existing buildings should not be occupied by the general public. Dan Roulier said that only his employees would go into the Sugar House and barn. The handicapped specifications will be met for the Warming House.
Dan Roulier said he appeared before the Commission
to outline his future plans and to state that he will do whatever is necessary
to satisfy the requirements of the Building Inspector and the Fire
Marshal. He is attempting to comply
with all the rules and regulations of the Town. He has hired an engineer to decide what needs to be done in order
to satisfy all the Town requirements.
He will put in additional parking areas - if needed. Dan just wanted to clear the air so that
everyone knows what is going on. His
main goal is to be an executive and educational facility that will cater to
small groups at a time - probably no more than (12) to (14) people on any given
date.
Dan will need to come back to the Commission for
future buildings and uses after the Chester House is built to determine if he's
still in compliance with his existing permit.
V. STAFF/COMMISSIONER REPORTS:
The
Commission reviewed ZEO Jim Taylor's report for the weeks of 4/7/03 through
4/14/03; a copy is attached to the minutes.
There was a discussion concerning whether or not the
ZEO's report should be attached to the minutes. The Commission reviewed prior month's minutes where his report
was summarized. After some discussion,
it was the consensus of the Commission to have the ZEO report attached to the
minutes. Jim Taylor will be attending the
Zoning meeting involving approval of the gravel bank renewals and the
Commission can re-visit this issue with Jim at that time, if necessary.
Rob Martin made a motion to accept the ZEO's report
and attach the report to the minutes.
This motion was seconded by Marie Burnette and unanimously approved by
the Commission.
Patrice Carson presented an architectural drawing of
the new building at 8 South Road, as requested by the Commission at their last
meeting. This will be a large one-story
building with Dunkin Donuts at one end and Subway at the other with room for
several other businesses in between.
Marie Burnette said she did not make the comment
attributed to her on page two, fourth paragraph, of the 3/17/03 minutes
concerning the dilapidated bus in the side yard on Main Street.
VI. AUDIENCE COMMENTS:
Ken Prior of 364 Mountain Road said
he is a 20-year resident of Somers and he is very concerned about the
development going on at Worthington Pond.
He presented a three page formal letter of complaint about activities at
the site. Highlights of this complaint
concern: unpermitted buildings already
on site; increased traffic on Mountain Road and lack of sufficient parking at
Worthington Pond; heavy equipment entering and leaving the site; lack of traffic
control; loud party music up until midnight; crowds of people at the site; dust
and dirt created by traffic; polluted water run-off into Gillette Brook;
disruption of formerly quiet and tranquil atmosphere of the area; property
taxes are not adequate for the site.
Blaine Buck, 59 Juniper
Hill: said
the Commission approved an outdoor activity facility. He feels it no longer meets the confines of the permit. He also questioned whether the Special Use
Permit ceased when the property was transferred from Roulier to Worthington
Pond LLC. He feels Roulier does not pay
his fair share of taxes. Blaine said
there are no setbacks for the buildings shown on the drawing. Also, there is no gate on the premises.
VII. CORRESPONDENCE AND BILLS:
One bill from the Journal Inquirer for the 3/21/03 public hearing in the amount of $125.92. Marie Burnette made a motion to approve payment of the bill; seconded by Rob Martin and unanimously approved by the Commission.
George Sulikowski said he feels that the Planning
Commission does too much investigation into the Site Plans that are forwarded
to Planning for their recommendation.
He feels all questions and investigating should be done by the Zoning
Commission because it is Zoning that issues the approval or disapproval of
these site plans. He cited in
particular the Site Plan application for a used car dealership at 58
Springfield Road. He heard the
applicant may be backing out because of the pressure put on him by the Planning
Commission.
George Sulikowski also stated that there is too much
regulation and that Zoning Regulations infringe on people's rights to use their
property. Rob Martin asked why George
was on the Commission if he felt that way and George responded to protect
people's rights.
Patrice Carson said the Planning Commission acts in
an advisory capacity on Site Plan Applications referred to them by the Zoning
Commission and their authority is quite broad.
She said the applicant is not backing out at 58 Springfield Road and has
already had several meetings with Staff members to find out what will be
required of him. The applicant is
talking about paving some of the area to prevent contact with the
cadmium-contaminated soil. The
applicant also plans on cleaning up the building and making the entire site
appealing to the neighbors as well as his prospective customers.
VIII. ADJOURNMENT:
Motion to adjourn made by Marie Burnette; seconded by Rob Martin and unanimously approved by the Commission. The meeting adjourned at 8:50 p.m.
Respectfully
submitted,
Marie Burnette, Secretary
Connie Carenzo, Recording Secretary
MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING
Town of Somers Zoning Enforcement Officer
For the Zoning Commission Meeting of April 21, 2003
Covering the Weeks
of 4/7/03 Thru 4/14/03
Activities listed by Address
Zoning Permits issued ------9
Certificates of Occupancy issued----9
Enforcement activity:
1. 23 Hall Hill Rd. Continuing action. CL&P is in the process of eliminating this violation when the service trucks are able to access the site. Currently too wet. CL&P has confirmed on April 17, 2003 that this violation will be eliminated by removing the lights before April 25, 2003.
2. 48 South Rd. Southfield Corner, Have notified the association that the outdoor lighting must come into compliance in order to avoid legal action. Responded to schedule a meeting on 4/17/03. As of this date Mr. Persano has not scheduled said meeting. Will issue C & D Order if he does not respond by April 15, 2003. C & D Order to be issued week of April 21st.
3. 17 Country Fair Dr.. Accessory building placed without Zoning Permit. Issued C & D Order. Owner has agreed to obtain appropriate permits. Legal action may have to be considered on this matter.
Note: There has been a question of the accuracy of the April 7, 2003 report regarding the 13 Zoning Permits and the 22 Certificates of Occupancy that were approved . Attached to this report (Chairman’s Copy) are copies of those approvals in order to confirm those numbers. Also attached (Chairman’s Copy) are copies of the approved permits for this report period. Although this requires additional time and expense I will continue to provide these copies as back-up data if the commission determines this necessary.
Respectfully submitted:
Jim Taylor, ZEO