TOWN OF SOMERS
ZONING COMMISSION
P. O. BOX 308
Somers, Connecticut 06071
REGULAR MEETING MINUTES
MONDAY, JULY 21, 2003
I.
Call to Order
The meeting was called to order by Chairman Peter Klein at 7:32 p.m.
Present were: Chairman Peter
Klein and regular members Lise Wood, Rob Martin, George Sulikowski, and Marie
Burnette. Also present were alternate
members Jill Conklin and Roy Slater. Patrice
Carson, Town Planner, and James Taylor, Zoning Enforcement Officer were also
present.
II.
Minutes Approval:
June 30, 2003
After brief review, a motion was made by George Sulikowski and seconded
by Lise Wood to approve the minutes of the meeting of June 30, 2003 with the
following amendments: page 3, correct
spelling of “Steading” to “Steding”; page 8, agenda item #VII, end of 2nd
paragraph add the sentence: “Because
this was a special meeting, the Zoning Commission took no action.” Vote was 5-0-0.
III.
Old Business:
a.
Withdrawal of Site Plan Application for Rental
Storage, 251 Field Road, Smyth
Mrs. Carson explained that she has received a letter from the
applicant’s engineer, Mark Hoffman, requesting that Mr. Smyth’s application be
withdrawn without prejudice. Mr. Smyth
intends to make a new application once the plans are complete.
A motion was made by Mrs. Wood and seconded by Mr. Martin to accept Mr.
Smyth’s withdrawal without prejudice.
Vote was 5-0-0.
b. Other
Mrs. Wood made a motion, seconded by Mr. Sulikowski to add the
following item to the agenda: “Discussion
of Zoning Enforcement Officer’s attendance at Zoning Commission Meetings”. Vote was
5-0-0.
Members discussed the recent cut in Mr. Taylor’s hours of work and the
result this has had on both his workload and attendance at the Commission’s
meetings.
Mrs. Wood noted that the cut from 12 hours per week to 8 was supposed
to be a temporary measure, until the 2003/04 budget was passed, but now seems
to be permanent.
Mr. Taylor stated that he is neutral on the matter, although he has
received numerous complaints from residents that their concerns are not being
taken care of in a timely manner.
Mrs. Burnette felt that since the Selectmen won’t agree to allow Mr.
Taylor to work additional hours, his attendance at meetings would take away
from enforcement and administrative duties and his time would be better spent
in the office taking care of citizens.
She would like him to attend special meetings, though.
Mr. Sulikowski felt strongly that the Zoning Enforcement Officer works
for the Zoning Commission and should be available to answer questions and
provide guidance during Commission meetings.
Mrs. Wood also noted that past meetings have included comments or questions
by Commissioners or audience that only the Zoning Enforcement Officer could
answer.
Chairman Klein stated that the Commission had recently confirmed that
any questions raised by a member of the audience should either be made in
writing or addressed in person to Mr. Taylor during business hours. The Commission was not handling enforcement
at meetings. He also stated that a
typical 2 hour Zoning Commission meeting would use up ¼ of Mr. Taylor’s working
hours for a week, time which could be better utilized for enforcement or
administrative issues.
Mr. Sulikowski noted that the Selectmen had no basis other than cost to
reduce Mr. Taylor’s hours.
In response to a question by Mr. Sulikowski, Mr. Taylor stated that 8
hours per week is not enough to accomplish all of his work. He pointed out that no other towns of
approximately the same size as Somers have a Zoning Enforcement Officer that
works only 8 or even 12 hours per week.
After further discussion, it was the consensus of the members that a
letter from Zoning Commission, written by Chairman Klein, be sent to the Board
of Selectmen regarding the members’ concerns over Mr. Taylor’s cut in hours and
requesting additional hours in the name of customer service and resident safety
and that members are opposed to the cut in hours and service.
A copy of the draft will be e-mailed to Commission members for comment.
A motion was made by Mr. Martin and seconded by Mrs. Wood to amend the
agenda and move to Agenda Item #IV b through VII and take IV a after Agenda
Item #VII. Vote was 5-0-0.
IV.
New Business:
b. Other
There was no other new business to discuss.
V.
Staff/Commissioner Reports
Mr. Sulikowski noted that the spotlight at Hall Hill Gardens is still a
problem at night. Mr. Taylor stated that
he would look into it. One of the
spotlights has been removed.
Mr. Taylor briefly reviewed his report of activities covering the weeks
of June 15, 2003 through July 13, 2003.
He expects all outstanding items to be resolved during the next month.
Mrs. Carson distributed copies of case law pertaining to Special Use
Permits, which run with the land, not the owner.
VI.
Audience Comments:
No one in the audience came forward to speak.
VII.
Correspondence and Bills:
No items of correspondence were brought up for discussion. No bills were presented for payment.
IV.
New Business:
a. Executive Session: Pending Claims & Litigation: Appeal of ZBA Matter – Gavlak
Mrs. Carson explained that the Zoning Enforcement Officer and the Zoning
Commission have 15 days to decide whether or not to appeal the decision of the
Zoning Board of Appeals. For this item,
Mrs. Wood, Mr. Klein and Mr. Slater all recused themselves from discussion. It was recommended by the Town’s attorney
that Mr. Sulikowski also recuse himself because of his comments made at recent
public hearings regarding this matter.
Ms. Conklin was seated for Mrs. Wood.
Mrs. Burnette acted as Chairman for this portion of the meeting.
A motion was made by Mr. Martin and seconded by Mrs. Burnette to enter
into executive session at 8:01 p.m. to discuss pending claims and litigation
regarding the Gavlak matter. Mrs.
Carson and Mr. Taylor were asked to join Mr. Martin, Mrs. Burnette, and Ms.
Conklin in executive session. Vote was
3-0-0.
At 8:20 p.m., the Commission came out of executive
session. After reviewing the matter,
the Commission decided not to appeal the Zoning Board of Appeals decision
regarding the Gavlak matter.
VIII.
Adjournment:
A motion was made by Rob Martin, seconded by Jill
Conklin, and unanimously voted to adjourn the July 21, 2003 Zoning Commission
meeting at 8:25 p.m.
Respectfully
Submitted,
__________________________
Marie
Burnette, Secretary
Town of Somers Zoning Enforcement Officer
For the Zoning Commission Meeting of July 21, 2003
Covering the Weeks
of 6/15/03 Thru 7/13/03
Activities listed by Address
Zoning Permits issued ------21 Certificates of Occupancy issued----12
Enforcement activity:
2, 3 Bugbee Lane, J. Bennett. Sales of Unregistered Vehicles, Requested Compliance.
4. Worthington Pond. Met with Dan Roulier on May 13, 2003 and inspected the property. There are four small Utility buildings/Animal Shelters that require Zoning Permits. Two other very small portable tool sheds will not require Zoning Permits. .Dan Roulier has agreed to obtain the four subject permits and to also install a new Main Gate at the entrance to the property. Permits currently in the approval process. 7/16 Conservation approval pending.
5. 7 Florida Road, Side Yard Set-Back violation and Failure to obtain zoning for accessory structure. Requested Compliance
Permit approval pending.
Note: Attached to the chairman’s copy of this report are copies of the 21 signed zoning permits and 12 C.O.’s
Respectfully submitted:
Jim Taylor, ZEO