TOWN OF SOMERS
ZONING
COMMISSION
P. O. Box 308
Somers,
Connecticut 06071
ZONING
COMMISSION MINUTES
5/5/03;
7:30 p.m.
Town Hall
I. CALL TO ORDER:
Chairman Peter Klein called the meeting to order at 7:35 p.m. Members present were: Peter Klein; Robert Martin; George Sulikowski; Lise Wood; Marie Burnette and Alternates Jill Conklin and Roy Slater. Also present was Patrice Carson, Town Planner.
II. MINUTES APPROVAL: April
21, 2003
Rob Martin made a motion to approve the 4/21/03 minutes, as written. This motion was seconded by Marie Burnette. The vote was: (4) in favor; (0) opposed; (1) abstention (Klein).
III. OLD BUSINESS:
a. Discussion/Possible Decision: Site Plan Application for Used Car
Dealership 58 Springfield Road, Moore
Mr. Moore was called out
of town and could not be present.
Patrice Carson said the only outstanding issue was an agreement that
frees the Town from any liability because of the contamination (cadmium) on the
site. The Town Attorney is reviewing
this with Mr. Moore's Attorney.
Mr. Moore provided a new site plan that Patrice
presented to the Commission. Another
tenant will be renting the back building on the property. Therefore, Mr. Moore will only have a (20)
vehicle capacity and his business hours will be from 8:00 a.m. until 4:00 p.m.
and 9:00 a.m. until 1:00 p.m. on Saturdays.
The dealership will only be open during daylight hours, so a lighting
plan for his car parking lot will not be required.
The DOT is satisfied with the entrance and exit to
the site and will not require another permit.
The area rented by Mr. Moore is completely
paved. He has worked with his neighbors
to provide a screening plan that is acceptable to them. Patrice pointed out the parking spaces -
which are all up against the building.
There will be no parking lot lighting.
ZEO Jim Taylor will work with the applicant on any other lighting that
might be needed; as well as the business sign.
Rob Martin made a motion to approve the Site Plan as
presented with the conditions (I) that an agreement absolving the Town of any
liability regarding the cadmium contamination on the property is received and
(II) if there is a floor drain in the building that Mr. Moore is leasing, it
will be removed. Lise Wood seconded the
motion.
Patrice Carson reported that the Planning Commission did a positive
review on this site plan at their 4/24/03 meeting - with the same conditions of
approval.
The vote on the motion was unanimous.
IV. NEW BUSINESS:
a. Site Plan Application for Meeting
House with Locker Rooms & Showers, 359 Mountain Road, Roulier
Dan
Roulier presented a Site Plan of Worthington Pond Farm and Gardens to the
Commission for their review. Dan
pointed out the buildings that are existing and those that are planned for the
future. He plans an outdoor
recreational facility as well as farming for the property. He raises farm animals to be donated to the
homeless. Groups of children from area
schools will be taught about farming.
He has an executive affiliation with Springfield College. The meeting house will house rest rooms for
both men and women, lockers and showers.
Dan will conform to the ADA regulations. Under construction are volleyball courts, bocchi courts and
soccer fields.
Dan plans a 24' x 32' building called Chester House
with a wrap-around porch, bathroom facilities and a large meeting room with a
fireplace for corporate meetings.
Dan talked about building a chapel in the future but
does not plan to go into a full-scale wedding business. There is a fifteen acre pond that could be
used for canoes and swimming. Cash flow
will be used for maintenance and philanthropy.
A cobblestone drive is being constructed. An erosion problem noted by Dan and David Askew, Wetland Agent,
will be stopped by the installation of a tracking pad. He pointed out the proposed meeting house,
parking areas and a very large septic system to accommodate future uses of this
structure.
Dan Roulier pointed out several catch basins that
will bring the groundwater run-off down into one of his ponds. A separate chamber will be used to filter
out grease, etc. so that it does not go into the septic system. The septic system has been reviewed by Steve
Jacobs and the State.
The 58' x 64' building that is planned will be a two
story building with a front porch and a screened-in porch in the back. The first floor will house a caterer's
kitchen. Food will be prepared off-site
and warmed up on the premises. Again,
there will be restrooms and lockers in the basement as well as a large meeting
room on the second floor.
Because of the new "Dram law"that places
unlimited liability on the property owner if an alcohol related accident occurs
and alcohol has been served on the premises, Dan Roulier will not serve
alcohol.
Dan Roulier will probably put in two wells.
Patrice Carson said the Commission needs to make a
determination that the present and proposed development of Worthington Pond
Farm and Gardens is consistent with the Special Use Permit that Dan Roulier
already has for an outdoor recreational facility. Does the Zoning Commission feel that Dan Roulier's future plans
fall within the confines of this permit?
The building permit request for the meeting house
continues to move along through the Land Use Department. The Zoning Commission has (65) days to make
a decision - with the Planning Commission requiring (35) days to complete their
recommendation.
Dan Roulier said he has invested quite a bit of his
own money into this project and would like to avoid investing more if the
Commission decides that his proposed development is not something that is
wanted in Somers. Dan plans on
conforming to all the Town's rules and regulations as well as some regulations
that the State has in place. There are
State codes that define occupancy - so many people per square foot. Occupancy will have to be determined by
these State codes and presented to the Building Inspector and Fire Marshal for
their approval.
Dan brought up the incident of the pancake breakfast
that was attended by 750 people and admitted that it was a complete
disaster. He will take steps to be sure
that a crowd of this size does not happen again. He is thinking about selling tickets to charitable events -
thereby limiting the number of people attending.
The proposed meeting house will comfortably house
(125) people. However, it is unlikely
that it ever will be filled to capacity.
Most executive coaching sessions would not go above (25) people per
session. School educational projects
would probably be about the same number at one time.
It was the consensus of the Commission that time was
needed to review the transcript for approval of the original Special Use Permit
as well as all related paperwork.
George Sulikowski made a motion to accept the Site
Plan Application for a meeting house with locker rooms & showers at 359
Mountain Road. Lise Wood seconded the
motion which was unanimously approved by the Commission.
Chairman Klein said that by the next Zoning meeting,
the Commissioners should have additional questions for the applicant. Dan Roulier stated he would attend the next
Zoning meeting which is scheduled for May 19, 2003 at 7:30 p.m.
V. STAFF/COMMISSIONER REPORTS:
The
Commission reviewed ZEO Jim Taylor's report for the weeks of 4/21/03 through
4/28/03, copy attached.
George Sulikowski said he feels it is very important
to have Jim Taylor at all the Zoning Commission meetings. Jim works for the Zoning Commission and the
Commission never voted for Jim not to attend the meetings. George felt the Zoning Commission should
vote to have Jim at meetings and not worry about the hours.
Peter Klein said the Board of Selectmen made the cut
in hours for Jim Taylor because of budgetary restraints. It was felt that Jim should spend his time
in the office receiving complaints, investigating complaints and signing
permits. After these chores are done,
there is not enough time left to attend the Zoning Commission meetings. Jim is restricted to eight hours per week
until the end of the fiscal year.
Roy Slater also feels that Jim Taylor should attend
the Zoning Commission meetings. It is
important to the Commission to have him present to answer questions and comment
on issues facing the Zoning Commission.
Patrice Carson said that Jim Taylor is paid for the
hours he spends at a Zoning Commission meeting. This is why his hours were cut - to save money. The Town Engineer has also cut his hours and
does not attend many Planning meetings in order to save money.
Roy Slater said Jim Taylor needs to hear what the
Commission is discussing at their meetings.
He would like to have Jim attend the next Zoning meeting in order to
review Dan Roulier's Special Use Permit as well as his current Site Plan
Application for a meeting house at his Worthington Pond complex. For instance, does this building qualify as
a banquet hall? Banquet halls are not
allowed in a residential zone in Somers.
After further discussion, it was the consensus of
the Commission that Chairman Klein will meet with the First Selectman, Dick
Jackson, to request that Jim Taylor be allowed to attend the 5/19/03 Zoning
meeting as well as one of the two meetings in June that involve the gravel bank
applications.
VI. AUDIENCE COMMENTS:
Kenneth J. Prior, 364 Mountain Rd. said he lives directly
across the street from Worthington Pond.
Mr. Roulier's permit was for an outdoor recreational facility. It is growing into indoor functions as well. Also, he understands that a Special Use
Permit is null and void when ownership is changed. Mr. Roulier should not be allowed to continue the expansion of
this facility.
Mr. Prior also submitted a three page itemized list
of concerns about Worthington Pond to the Commission.
Marian Richards, 372 Mountain Rd. said the Commission should
review the restrictions of the original Special Use Permit given to Worthington
Pond. This is not what is occurring
now. She is totally against any further
expansion of this facility. This is a
residential area and in her opinion, Mr. Roulier's permit is not valid.
Also, over the past few years, there has been a lot
of truck traffic coming in and out of Worthington Pond. There are no gates. According to the records, there is a huge
covered bridge and many ponds on the property as well as an 18' x 36' sugar
house. This building is the only thing
he is being taxed for. Marian Richards
said that she pays her fair share of taxes and feels that Dan Roulier does not.
She has also accessed Worthingtonpondfarm.com; Mr.
Roulier's web site. It shows a
beautiful area with flowers and several buildings on it. These buildings could hold 125 to 150
people. Also, weddings that take place
under a huge tent are advertised as available.
This tent could hold 400 to 500 people.
Marian Richard said that Worthington Pond was not an
agenda item for the Zoning 4/21/03 meeting.
If it had been an agenda item, she would have attended the meeting to
hear Dan Roulier's presentation on his future plans.
Chairman Klein explained that Dan Roulier walked
into the 4/21/03 meeting without prior notification and asked if he could
update the Commission on the Worthington Pond activity.
Ydalmen Sandberg, 12
Mountain Road said that at the beginning of the Worthington Pond
project, it seemed to be a commendable, charitable undertaking. However, Mountain Road is not able to take
all of the heavy traffic caused by Worthington Pond. She feels that children's lives are at stake that live in this
area with all the extra traffic.
Tom O'Brien; 20 Broadway Rd. said
he has tried to understand what Roulier is trying to do. It is hard to know how many people will end
up as part of his programs. He is
breaking down the environment. The O'Brien
family moved here because it was residential.
Dan Roulier said he raises animals that he donates to charity. However, he is disrupting the quiet
environment. Mountain Road is like a
bowl and sound travels easily. There
are sometimes parties that go on until eleven or twelve o'clock at night.
Tim O'Brien, 38 Broadway Rd. has
lived in town for twenty years because he wanted a quiet environment. The traffic has already increased on
Mountain Road. If further expansion of
Worthington Pond is allowed, the traffic problem will become crucial and will
totally ruin the quiet and rural atmosphere.
Carole O'Brien, 20 Broadway
Rd. said that Mountain Road is narrow and asked if the
road would be widened. The road should
be enlarged to handle the type of traffic generated by Worthington Pond. This development will cause a dangerous
situation.
Betty Stevenson, 424 Mountain
Rd. said she has kept quiet because she has friends that
are in favor of the Worthington Pond development. However, she has some questions:
1. Does
Dan Roulier have permission for a saw mill on the property?
2. Have
you paid attention to the Fire Marshal's comments?
3. Philanthropy
- where is this listed in the Zoning Regulations?
4. Public
safety - what if I needed an ambulance and one of Dan's functions was going on
- an ambulance couldn't get through.
Betty feels the property has been raped.
5. Are
there any special requirements or restrictions in the original Special Use
Permit
6. Does
Dan Roulier need a Certificate of Occupancy to occupy these buildings?
Judith Mehl, 46 Avery Road said
that Dan Roulier contacted her daughter about being one of the caterers that
would prepare food for Worthington Pond functions. She was asked if she had the
capability to provide food for 400 to 500 people at a time.
Bette Maier, 15 Pheasant Run said
she used to live on Oak Grove Road and it was a beautiful spot. Her concern is that the Worthington Pond
complex is getting too big. Dan Roulier
has created several ponds. What is the
long-term impact on Gillette Brook?
Mountain Road is a skinny, narrow, winding road. Worthington Pond's driveway is in the worst
possible spot for traffic accessibility.
It is no longer the pristine area it once was and she is not in favor of
any more development.
Adele Gordon, 163 Root Road said
that today, she had to stop coming down Mountain Road because of some
cyclists. This road is very
narrow. If liquor is served at
Worthington Pond, there are sure to be accidents. She said that fifty or sixty years ago, E.B. Johnson, president
of U.S. Envelope, put in a huge well and the people below him lost their water
and had to put in new wells. This could
happen here.
Tom O'Brien, 20 Broadway Rd.
talked
about the narrow pond in Worthington Pond that becomes closed over with lily
pads during the summer. The pond would
have to be dredged in order to have swimming or canoeing on it.
Ken Prior, 364 Mountain Road said
Dan Roulier dredged this pond in May of 2000 and was cited by the Wetland Agent
and required to return the pond to its original state. Dan Roulier has at least (6) buildings on
Worthington Pond for which he has no permits.
Ydalmen Sandberg, 12
Mountain Road asked what Dan Roulier's liability would be if there
is an accident on Mountain Road involving people coming from Worthington
Pond. Does an LLC limit his liability?
Patrice Carson reported that at one time, a Special
Use Permit ceased when the property was sold.
However, the Town Attorney ruled that this is unenforceable due to case
law. Now, the Special Use Permit stays
with the property.
Also, Dan Roulier has been working with the Fire
Marshal and the Building Inspector to satisfy all their concerns.
Peter Klein said that ZEO Jim Taylor will be asked
to investigate the unpermitted buildings at Worthington Pond.
Marie Burnette was concerned about the limitations
of Dan Roulier's LLC. She said that Dan
Roulier's LLC only listed one member - his wife. Attorney Robert Peters represents the owner of the property. The owner would have to give his agent
permission to sign off on documents.
Perhaps an opinion from the Town Attorney is warranted.
Rob Martin asked about a traffic study on Mountain
Road. Patrice Carson said the Zoning
Commission could ask for a traffic study in order to make a decision on an
issue.
The Commission has to rule whether or not the next level of development stays within the confines of the Special Use Permit. There would be vehicular traffic for all events held at Worthington Pond.
Peter Klein asked if this could be considered an
expansion of the Special Use Permit.
Patrice Carson said the Commission has to decide
whether Dan Roulier's expansion plans are a violation of the existing Special
Use Permit. Ken Prior's letters were
the first complaint received on this Worthington Pond issue.
Marian Richards said she also wrote a letter this
year to the ZEO expressing her concerns about the expansion and the ensuing
traffic on Mountain Road. Patrice said
she was not aware of Marian Richards' letter.
Patrice Carson said there was a cable going across
the entrance to Worthington Pond that was removed because they were working on
the driveway.
Chairman Klein said that all these issues will have
to be checked out by Zoning Enforcement Officer Jim Taylor and reported back to
the Commission.
The Fire Marshal has stated that the Warming House
was permitted as a storage shed and is not permitted to house people.
Betty Stevenson asked if she could go into Town Hall
and talk to Jim Taylor about this issue.
Chairman Klein said she could definitely talk with Jim during his
working hours.
Ydalmen Sandberg would like a traffic study of
Mountain Road to be taken for all (4) seasons.
Patrice Carson said it is more likely that the traffic study would be
done - one day at a random time - which is a standard.
Marian Richards would like a check on the number of
buildings that Dan Roulier is being taxed.
VII. CORRESPONDENCE AND BILLS:
(12) letters were received that are against any future development at Worthington Pond. Most of these people were at the meeting tonight to make oral comments. There was (1) letter from John Moak - who is in favor of the Worthington Pond development.
VIII. ADJOURNMENT:
Motion to adjourn was made by Lise Wood; seconded by Rob Martin and unanimously approved by the Commission. The meeting adjourned at 9:15 p.m.
Respectfully
submitted,
Marie Burnette,
Secretary
Connie Carenzo,
Recording Secretary
Town of Somers Zoning Enforcement Officer
For the Zoning Commission Meeting of May 5, 2003
Covering the Weeks
of 4/21/03 Thru 4/28/03
Activities listed by Address
Zoning Permits issued ------9
Certificates of Occupancy issued----0
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. Light removed on April 29, 2003. Violation eliminated.
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.
C&D Order was issued on April 21, 2003.
Note: Attached to the chairman’s copy of this report are copies of the 9 signed zoning permits.
Respectfully submitted:
Jim Taylor, ZEO