MINUTES ARE NOT OFFICIAL UNTIL APPROVED AT A SUBSEQUENT MEETING.

TOWN OF SOMERS

ZONING BOARD OF APPEALS

SPECIAL MEETING MINUTES

May 15, 2003

Call To Order - Chairman John Torres called the meeting to order at 7:40 PM.

Members Present - Secretary Pamela Lloyd took attendance. Members present were John Torres, Pamela Lloyd, Dan Scully, Ken Young and Jim Meagher, Jr. Absent were Ed Mack and Jim Beaulieu.

Public Hearing - Chairman Torres called the Public Hearing to order at 7:41 PM. Secretary Pamela Lloyd read the Legal Notice for each applicant as their case came before the Board.

1. Edwin D. Miller: The Board members listened to Mr. Miller’s request, as presented by his wife, Mrs. Miller, for a variance requirement of 25 feet for side yard setback to allow for the location of a proposed storage shed on his residential property at 18 Rocky Dundee Rd., Somers, CT. Motion made by Commissioner Scully to close the public hearing on Edwin D. Miller; second by Commissioner Lloyd. Motion approved unanimously.

2. Richard Pisciotta: The Board members listened to Mr. Pisciotta and his attorney, Mr. Paradiso in his request to seek a variance which defines motor vehicle type businesses permitted in this location to allow for the addition of his proposed motor vehicle sales and service activity, along with auto body repair and painting at 27 Field Rd., Somers, CT. Motion made by Commissioner Meagher, Jr. to continue the public hearing for Richard Pisciotta to the next Zoning Board of Appeals (ZBA) meeting; second by Commissioner Lloyd. Motion approved unanimously.

3. Michael Leaska: The Board members listened to Mr. Leaska’s request for a variance which defines setback requirements for a building to house horses, allowing for the location of a proposed garage/barn addition on his residential property at 22 Bittersweet Hill, Somers, CT. Motion made by Commissioner Scully to close the public hearing on Michael Leaska; second by Commissioner Meagher, Jr. Motion approved unanimously.

4. Bruce Wood and David Gavlak: Attorneys representing Mr. Wood and Mr. Gavlak, along with both applicants approached the Board and presented material relating to the sale of spring water from property located at 223 Wood Road, Somers, CT, on remand from the Superior Court of CT for the Board to determine if this issue does or does not constitute a valid non-conforming use. Motion made by Commissioner Scully to continue the public hearing for Bruce Wood and David Gavlak to the next ZBA meeting; second by Commissioner Meagher, Jr. Motion approved unanimously.

The Public Hearing ended at 9:54 PM.

The Special Meeting resumed at 9:57 PM.

Public Hearing Discussion/Decision -

1. Edwin D. Miller: After discussing Mr. Miller’s request for a variance, a motion was made by Commissioner

MINUTES ARE NOT OFFICIAL UNTIL APPROVED AT A SUBSEQUENT MEETING.

Town of Somers

ZBA Special Meeting Minutes

May 15, 2003

Page 2

Young to cease discussion and vote; second by Commissioner Meagher, Jr. Motion approved unanimously. Motion made by Commissioner Young to approve Edwin D. Miller application; second by Commissioner

Meagher, Jr. Motion failed unanimously. The application was not approved.

2. Richard Pisciotta: Hearing was continued to next ZBA meeting.

3. Michael Leaska: After discussing Mr. Leaska’s request for a variance, a motion was made by Commissioner Scully to approve Michael Leaska application with the contingency that applicant will remove side boundary between lots 21-17 and 21-18 eliminating the need for a side yard variance; second by Commissioner Lloyd. Motion approved unanimously. Front yard variance was approved.

4. Bruce Wood and David Gavlak: Hearing was continued to next ZBA meeting.

Motion made by Commissioner Lloyd to amend the Agenda and replace “Old Business” with “Other”; second by Commissioner Meagher, Jr. Motion approved unanimously.

Other - None.

New Business - None.

Correspondence - None.

Bills - Motion made by Commissioner Lloyd to approve bill to the Journal Inquirer in the amount of $275.45; second by Commissioner Meagher, Jr. Motion approved unanimously.

Adjournment - Motion made by Commissioner Meagher, Jr. To adjourn; second by Commissioner Young. Motion approved unanimously. The meeting was adjourned at 10:30 PM.

Respectfully submitted,

Candida M. Daigle

ZBA Recording Secretary