MINUTES ARE NOT OFFICIAL UNTIL APPROVED AT A SUBSEQUENT MEETING.

TOWN OF SOMERS

ZONING BOARD OF APPEALS

SPECIAL MEETING MINUTES

October 16, 2003

Call To Order: Chairman Torres called the meeting to order at 7:37 PM.

Members Present: Secretary Pamela Lloyd, Chairman John Torres, Dan Scully, Jim Beaulieu, Ed Mack, Sr., Jim Meagher, Jr. Absent: Ken Young.

Public Hearing

1. Richard A. McCullough, Inc.

Chairman Torres called the public hearing to order at 7:38 PM. Secretary Pamela Lloyd read the legal notice for Richard A. McCullough, Inc. of 175 Dwight Road, Suite 207, Longmeadow, MA seeking a variance from Somers Code requirement of 175 feet for minimum front yard frontage to allow for a proposed 42.12 acre single-family building lot on the southerly side of White Oak Road, Somers.

Attorney Bob Peters and Mr. McCullough approached the Board and provided history and details to the application citing wetlands as the hardship. Chairman Torres asked if any abutters were present to approach the Board. Several residents living in the area came forward to oppose the application:

Denise Schwarkis - White Oak Road

James Folger - White Oak Road

Jim Schwarkis - White Oak Road

Ed Cunningham - White Oak Road

Steve Rice - Hall Hill Road

Terry Algin - Hall Hill Road

Jerome Young - Hall Hill Road

Lenny Lacasse - White Oak Road

Jim Muska - White Oak Road

Jean Leonard - White Oak Road

Berg Davidson - White Oak Road

Motion made by Commissioner Scully to close the hearing; second by Commissioner Mack. Motion approved unanimously.

Secretary Pamela Lloyd read the legal notice for Richard A. McCullough, Inc. of 175 Dwight Road, Suite 207, Longmeadow, MA seeking a variance from Somers Code requirement of 175 feet for minimum front yard frontage to allow for a proposed single family building lot #4 that is part of a proposed 30.39 acre plot of five proposed lots with a primary access to Hall Hill Road.

Attorney Peters approached the Board with Mr. McCullough to discuss the application and cited wetlands as the hardship. Chairman Torres offered abutters to come forward. Hall Hill Road residents Jerome Young, Steve Young and Anthony Loqueri opposed the application.

MINUTES ARE NOT OFFICIAL UNTIL APPROVED AT A SUBSEQUENT MEETING.

Town of Somers

Zoning Board of Appeals Minutes

October 16, 2003

Page 2

Motion made by Commissioner Scully to adjourn the public hearing; second by Commissioner Lloyd. Motion approved. The public hearing ended at 8:43 PM.

Public Hearing Discussion/Decision

1. Richard A. McCullough, Inc.

After discussion of the Board, motion made by Commissioner Beaulieu to cease discussion and vote; second by Commissioner Mack. Commissioners Torres, Lloyd and Beaulieu in favor of the application; Commissioner Scully and Mack denied the application. The motion was not carried per State Statutes Section 8-7 requiring the concurring vote of four members of the Zoning Board of Appeals is necessary to reverse any order to decide in favor of the applicant any matter upon which it is required to pass under the Zoning Regulations or to vary the application of the Zoning Regulations.

2. Richard A. McCullough, Inc.

After discussion of the Board, motion made by Commissioner Scully to cease discussion and vote; second by Commissioner Beaulieu. The Board voted unanimously to approve the application for a variance to allow for primary access to lot #4 off of Hall Hill Road.

Correspondence: The Board received a memo from Town Treasurer, Ed Sullivan regarding Capital Budget Project Requests. The Board agreed that Chairman Torres should submit a request for funds for electronic equipment.

Bills: Motion made by Commissioner Beaulieu to approve all pending bills; second by Commissioner Lloyd. Motion approved unanimously.

Adjournment: Motion made by Commissioner Mack to adjourn; second by Commissioner Lloyd. Motion approved unanimously. The meeting was adjourned at 8:57 PM.

Respectfully submitted,

Candida M. Daigle

ZBA Clerk