TOWN OF SOMERS
ZONING COMMISSION
SPECIAL MEETING MINUTES
MONDAY, JUNE 30, 2003
Chairman Klein opened the meeting at 7:10pm. A motion was made by Mrs. Wood, seconded by Mr. Martin and unanimously voted to review the minutes first.
III. MINUTES APPROVAL:
A motion was made by Mrs. Wood, seconded by Mr. Martin, and approved by a vote of 4 in favor, 0 opposed, and 1 abstention (Klein) the June 16, 2003 Zoning Commission meeting minutes as written.
I. PUBLIC HEARINGS:
Chairman Klein opened the public hearing at 7:15pm, explained the ground rules for the public hearing, and Secretary Burnette read the legal notice for all the public hearings on the agenda.
a. SPECIAL USE PERMIT APPLICATION FOR OFFICE
TRAILER, 111 GEORGE WOOD ROAD, SPAZZARINI CONSTRUCTION, INC. – RENEWAL REQUEST
The applicants are requesting a renewal of their Special Use Permit for an office trailer required for the state construction job on Hall Hill Road. Construction should be finished within the next year. The Planning Commission recommended approval of the application.
A motion was made by Mrs. Wood, seconded by Mr. Martin, and unanimously voted to close the public hearing.
b. SPECIAL USE PERMIT APPLICATION FOR GRAVEL
BANK, EGYPT ROAD, CHARTER
Mr. Charter is requesting renewal of the Special Use Permit for a gravel bank. There has been little or no change from last year because very little material has been moved. The Town Engineer and ZEO have visited the site with the applicant present. They expressed concerns about the steepness of the slopes and that orange fencing be placed to remind people working in the pit where the steep areas were. Mr. Charter has installed OSHA required berms in places where the slopes are steep. The bond of $34,200.00 was acceptable. The Planning Commission recommended approval.
A motion was made by Mrs. Wood, seconded by Mr. Sulikowski, and unanimously voted to close the public hearing.
c. SPECIAL USE PERMIT APPLICATION FOR GRAVEL
BANK, SOUTH ROAD, PLEASANT VIEW FARMS REALTY
A motion was made by Mrs. Wood, seconded by Mr. Martin and unanimously voted to defer this item to later on in the public hearing.
d. SPECIAL USE PERMIT APPLICATION FOR GRAVEL
BANK, SOUTH ROAD, BORDEAUX
Mr. Bordeaux is requesting renewal of the Special Use Permit for a gravel bank. Phase 7 of 10 is being worked on. Restoration of the pit has included 1700 orchard trees to date. The pit has another 2 or 3 years left before it’s completed. The average topsoil restoration is 2½ to 3 feet which is good for the trees. The Town Engineer and ZEO have visited the site with the applicant present. The pit is progressing as shown on the plans. Mr. Charter has installed OSHA required berms in places where the slopes are steep. The bond of $30,432.00 was acceptable. The Planning Commission recommended approval.
A motion was made by Mrs. Wood, seconded by Mrs. Burnette, and unanimously voted to close the public hearing.
e. SPECIAL USE PERMIT APPLICATION FOR GRAVEL
BANK, BATTLE STREET, LLOYD
Mr. Lloyd is requesting renewal of the Special Use Permit for a gravel bank. Most of the bank has been worked with a little left in stockpiles, hoping to finish up this year before winter. The permit had to be renewed to finish the work and close the pit. The Town Engineer and ZEO have visited the site with the operator present. The pit is being prepared for ultimate closure and upon pit closure an as-built plan shall be provided to prove substantial compliance with the original plan of removal. The bond of $18,933.00 was acceptable. The Planning Commission recommended approval with the condition that an as-built plan be provided upon closure.
A motion was made by Mrs. Wood, seconded by Mr. Sulikowski, and unanimously voted to close the public hearing.
f. SPECIAL USE PERMIT APPLICATION FOR GRAVEL
BANK, STAFFORD/ROOT/ WOOD ROADS, WOOD GRAVEL OPERATION, LLC
Mrs. Wood recused herself from the discussion of this application and Ms. Conklin was seated for her.
Mr. Wood is requesting renewal of the Special Use Permit for a gravel bank. There are about 3 more phases to go on the south end and a little more work to do on the north end. The Town Engineer and ZEO have visited the site with the applicant present. The pit is being worked logically and is well kept considering the size of the pit. Berms have been provided where the slopes are steep. The bond of $32,808.00 was acceptable. The Planning Commission recommended approval with the condition that the berms or orange fencing be properly maintained.
Mr. Roger Steding of 153 Hampden Road, submitted written material and video about his concerns of the use of the Silo Greenhouse easement for the gravel pit traffic. Mr. Steading is mainly concerned about trucks entering Hampden Road that he feels should go out Wood Road since that is the shortest distance to a state highway, and the intersection at Wood and Turnpike Roads has been upgraded to make it safer. Mrs. Carson stated that the reason that the gravel trucks use the Hampden Road entrance was because Hampden Road was originally a state road and built that way – it is wide, it has a greater gravel base and is more stable in order to carry heavy loads, and the distance is similar from the Hampden Road intersection to Route 83 as it is from Woods Road to Route 83. At the time of the original approval public works had issues with (1) running gravel trucks on the town side roads as opposed to Hampden Road, and (2) safety because Woods Road is very narrow and steep. The safest, shortest route which was already carrying trucks was to come out Hampden Road which has always been used.
A motion was made by Mr. Sulikowski, seconded by Ms. Conklin, and unanimously voted to close the public hearing.
c. SPECIAL USE PERMIT APPLICATION FOR GRAVEL
BANK, SOUTH ROAD, PLEASANT VIEW FARMS REALTY
Mr. Holden, the operator, was present. Mr. Lipton is requesting renewal of the Special Use Permit for a gravel bank. There is limited work going on in the south end of the pit with the north end mostly done. There is a minimum of 4 years left for the pit. The Town Engineer and ZEO have visited the site. The pit is progressing as shown on the plans. There are a limited number of areas where the slopes are steep. The bond of $39,000.00 was acceptable. The Planning Commission recommended approval with the condition that the berms or orange fencing be placed and maintained where the slopes are steep.
A motion was made by Mrs. Wood, seconded by Mr. Martin, and unanimously voted to close the public hearing.
g. THE ZONING COMMISSION’S AMENDMENTS TO THE ZONING REGULATIONS SECTIONS:
1. 214-4. Definitions Farm Workers Housing, paragraph B.
This amendment adds the requirement that the applicable acreage must be in the town of Somers to allow someone to apply for this type of housing. The intent was to house workers on a farm in town on the property they were farming. The Planning Commission recommended approval of the amendment with the addition of “and owned by the applicant”.
A motion was made by Mrs. Wood, seconded by Mr. Sulikowski, and unanimously voted to close the public hearing.
2. 214-4. Definitions Kennel and Kennel, Commercial, and Section 214-98.C.19. Schedule of Permitted Accessory Uses, and Section 214-97. Prohibited Uses.
The intention of the regulation was to allow kennels
as hobbies for people who breed for show, sports, or sale, but to not allow
commercial kennels for grooming or boarding.
The Planning Commission recommended approval of the amendments.
A motion was made by Mrs. Wood, seconded by Mr. Sulikowski, and unanimously voted to close the public hearing.
3. 214-92.C. Temporary Uses and Section 214-98.C.21. Schedule of
Permitted Accessory Uses
The two sections (items number 1 and 4) dealing with trailers for emergency storage or housing have been put into the use table requiring a Zoning Permit instead of a Special Use Permit because timing is usually an issue when emergencies happen and people sometimes cannot wait the month it can take to get a Special Use Permit. The Planning Commission recommended approval of the amendments.
A motion was made by Mrs. Wood, seconded by Mr. Sulikowski, and unanimously voted to close the public hearing.
4. 214-99.C. Buffers and Screening
This amendment clarifies that any additional buffering can be part of a side or rear yard and spells out the type of screening required. The Planning Commission recommended approval of the amendments.
A motion was made by Mrs. Wood, seconded by Mr. Sulikowski, and unanimously voted to close the public hearing.
5. 214-105.B. Expiration of Special Use Permit
This amendment clarifies that Special Use Permits run with the land and not the owner. Case law has provided the need for this change. The Planning Commission recommended approval of the amendments.
Ken Prior of 364 Mountain Road, expressed concern about Special Use Permits that have been issued thinking they would cease once the property owner changed. Mr. Prior discussed this issue with an Attorney and they could not find any case law.
Marion Richard of 372 Mountain Road, wanted clarification of the times when Special Use Permits might have time limits.
A motion was made by Mrs. Wood, seconded by Mr. Sulikowski, and unanimously voted to close the public hearing.
6. 214-111. Variances
This amendment clarifies that the Zoning Board of Appeals cannot issue use variances.
A motion was made by Mrs. Wood, seconded by Mr. Sulikowski, and unanimously voted to close the public hearing.
7. Article XVA Ridgeline and Hillside District
The Town Attorney recommended removing this section because there is currently no map of the ridgeline and hillside district and the regulation is confusing and difficult to enforce. The Planning Commission recommended approval of removing this section provided the Ridgeline and Hillside Regulation be revisited either when a new map is created or when the Plan of Conservation and Development recommends the ridgeline be preserved.
A motion was made by Mrs. Wood, seconded by Mr. Sulikowski, and unanimously voted to close the public hearing.
The Commission took a 5-minute recess.
II. CALL TO ORDER:
The Zoning Commission meeting of June 30, 2003 was called to order by Chairman Klein at 8:30pm. Members Burnette, Martin, Sulikowski and Wood, and Alternate Members Slater and Conklin were present and constituted a quorum. Also in attendance was Town Planner Patrice Carson.
IV. OLD BUSINESS:
a. DISCUSSION/POSSIBLE DECISION: SPECIAL USE PERMIT APPLICATION FOR OFFICE
TRAILER, 111 GEORGE WOOD ROAD, SPAZZARINI CONSTRUCTION, INC. – RENEWAL REQUEST
A motion was made by Mr. Martin, seconded by Mrs. Wood, and unanimously voted to approve Spazzarini Construction, Inc.’s special use permit application for an office trailer at 111 George Wood Road which would be valid from July 15, 2003 to July 14, 2004.
b. DISCUSSION/POSSIBLE DECISION: SPECIAL USE PERMIT APPLICATION FOR GRAVEL
BANK, EGYPT ROAD, CHARTER
A motion was made by Mr. Martin, and seconded by Mrs. Wood to approve Charter’s special use permit application for a gravel bank on Egypt Road subject to maintaining a safe and proper slope height, properly maintaining a berm or orange fencing at the top of the slopes, and a $34,200.00 bond.
After some discussion, the motion was amended by Mr. Martin, and seconded by Mrs. Wood to approve subject only to properly maintaining a berm or orange fencing at the top of the slopes and a $34,200.00 bond. The amendment and motion were passed unanimously.
c. DISCUSSION/POSSIBLE DECISION: SPECIAL USE PERMIT APPLICATION FOR GRAVEL
BANK, SOUTH ROAD, PLEASANT VIEW FARMS REALTY
A motion was made by Mr. Martin, seconded by Mrs. Wood, and unanimously voted to approve Pleasant View Farms Realty’s special use permit application for a gravel bank on South Road subject to properly maintaining a berm or orange fencing at the top of the slopes, and a $39,000.00 bond.
d. DISCUSSION/POSSIBLE DECISION: SPECIAL USE PERMIT APPLICATION FOR GRAVEL
BANK, SOUTH ROAD, BORDEAUX
A motion was made by Mr. Martin, seconded by Mrs. Wood, and unanimously voted to approve Bordeaux’s special use permit application for a gravel bank on South Road subject to a $30,432.00 bond.
e. DISCUSSION/POSSIBLE DECISION: SPECIAL USE PERMIT APPLICATION FOR GRAVEL
BANK, BATTLE STREET, LLOYD
A motion was made by Mr. Martin, seconded by Mrs. Wood, and unanimously voted to approve Lloyd’s special use permit application for a gravel bank on Battle Street subject to submitting an as built plan upon completion of the project, and a $18,933.00 bond.
f. DISCUSSION/POSSIBLE DECISION: SPECIAL USE PERMIT APPLICATION FOR GRAVEL
BANK, STAFFORD/ROOT/ WOOD ROADS, WOOD GRAVEL OPERATION, LLC
Mr. Klein, Mrs. Wood, and Mr. Slater recused themselves from the discussion of this application. Ms. Conklin was seated for Mrs. Wood and Mrs. Burnette acted as Chairman for this application.
A motion was made by Mr. Sulikowski, seconded by Mr. Martin, and unanimously voted to approve Wood’s special use permit application for a gravel bank on Stafford/Root/Wood Roads subject to a $32,808.00 bond.
g. THE ZONING COMMISSION’S AMENDMENTS TO THE ZONING REGULATIONS SECTIONS:
1. 214-4. Definitions Farm Workers Housing, paragraph B.
There was discussion on the amendment about the wording the Planning Commission recommended adding. Mr. Sulikowski said that the applicant should not have to be the owner and did not feel the wording is essential to the amendment.
The intent was to have the owners of the property apply for workers housing, not someone leasing the property. If there was a lessee then the owner should apply for the permit.
A motion was made by Mr. Martin, seconded by Mrs. Burnette, and approved by a vote of 4 in favor, 1 opposed (Sulikowski), and 0 abstentions to amend Section 214-4 Definitions Farm Workers Housing paragraph B with the additional language referred by the Planning Commission indicating that the property needs to be owned by the applicant. The effective date of this change would be August 1, 2003.
2. 214-4. Definitions Kennel and Kennel, Commercial, and Section 214-98.C.19. Schedule of Permitted Accessory Uses, and Section 214-97. Prohibited Uses.
A motion was made by Mr. Martin, seconded by Mrs. Wood, and unanimously voted to approve the amendments to Section 214-4. Definitions Kennel and Kennel, Commercial, and Section 214-98.C.19. Schedule of Permitted Accessory Uses, and Section 214-97. Prohibited Uses as presented. The effective date of this change would be August 1, 2003.
3. 214-92.C. Temporary Uses and Section 214-98.C.21. Schedule of
Permitted Accessory Uses
A motion was made by Mrs. Burnette, seconded by Mrs. Wood, and unanimously voted to approve the amendments to Section 214-92.C. Temporary Uses and Section 214-98.C.21. Schedule of Permitted Accessory Uses as presented. The effective date of this change would be August 1, 2003.
4. 214-99.C. Buffers and Screening
A motion was made by Mr. Martin, seconded by Mrs. Wood, and unanimously voted to approve amendments to Section 4. 214-99.C. Buffers and Screening as presented. The effective date of this change would be August 1, 2003.
5. 214-105.B. Expiration of Special Use Permit
A motion was made by Mr. Martin, seconded by Mrs. Wood, and unanimously voted to approve amendments to Section 214-105.B. Expiration of Special Use Permit as presented. The effective date of this change would be August 1, 2003.
6. 214-111. Variances
A motion was made by Mr. Martin, seconded by Mrs. Wood, and unanimously voted to approve amendments to Section 214-111. Variances as presented. The effective date of this change would be August 1, 2003.
7. Article XVA Ridgeline and Hillside District
A motion was made by Mr. Martin, seconded by Mrs. Wood, and approved by a vote of 3 in favor, 2 opposed (Sulikowski & Wood), and 0 abstentions to remove Article XVA Ridgeline and Hillside District with the stipulation that this issue is revisited in some form of similar language when either (1) a new map is produced or (2) if there is a recommendation from the Plan of Conservation and Development, whichever comes first. The effective date of this change would be August 1, 2003.
V. STAFF/COMMISSIONER
REPORTS:
No report was presented from the ZEO since he was on vacation.
VI. AUDIENCE
PARTICIPATION: There were none.
VII. CORRESPONDENCE AND BILLS:
Mr. Klein reported that there was a workshop regarding Affordable Cities on July 18, 2003 in Bridgeport for $50.00 in case anyone was interested in attending.
Mrs. Wood asked if Mr. Taylor, the ZEO, could resume attending the Zoning Commission meetings because he was supposed to have attended this meeting. Mr. Klein responded that Mr. Taylor was on vacation and the ZEO’s attendance was up to the Selectmen when a budget is passed. Mr. Sulikowski said it was not up to the Selectmen but rather up to the Zoning Commission whether the ZEO attends meetings. Mrs. Wood would like to have the Zoning Commission vote on the subject. Because this was a special meeting, the Zoning Commission took no action.
VIII. ADJOURNMENT:
A motion was made by Mr. Martin, seconded by Mrs. Wood, and unanimously voted to adjourn the Zoning Commission Meeting of June 30, 2003 at 8:55pm.
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Marie Burnette, Secretary