MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING
TOWN OF SOMERS
ZONING COMMISSION
P. O. Box 308
Somers, Connecticut 06071
ZONING COMMISSION MINUTES
3/15/04; 7:30 p.m.
Town Hall
I. CALL TO ORDER:
Chairman
Peter Klein called the meeting to order at 7:30 PM. Members present were:
Marie Burnette, Lise Wood, A.P. Calder, Robert Martin, Alternates Jon
Normand and Roy Slater.
II. MINUTES APPROVAL: March 1,
2004
MOVED (WOOD) SECONDED (BURNETTE) AND PASSED UNANIMOUSLY TO APPROVE THE
MARCH 1, 2004 MINUTES AS WRITTEN.
III. AUDIENCE COMMENTS:
Angela
Koehler, 43 Sunshine Farms Road came forward to express her concerns regarding
34 Egypt Road and asked what the lighting would be and if the lighting on the
outside of the building would be shielded.
She also asked the commission about landscaping at the site and if there
would be trees planted to shield the traffic located at the building's loading
zone. Mrs. Koehler also asked the
commission about the lights on the Barnes commercial buildings on Egypt Road
and if they would be shielded. She also
wondered if they would be planting more trees at that site.
Bob
Anderson, 14 Sunshine Farms Road came forward to inquire about landscaping at
34 Egypt Road. He would like to see
trees planted to help block the loading zone area and asked if the new
application shows that type of landscaping on the site plan.
IV. OLD BUSINESS:
a. Discussion/Possible
Decision: Site Plan Application for
Industrial Rental Space, 34 Egypt Road, Birkenshaw
Dave
Birkenshaw came forward to discuss the application. He showed the commission a site plan of the property.
Dave
discussed the building's outdoor lighting.
He stated that there would be two roll-up doors and four regular exit
doors. Each door will have one 35 watt
light bulb on the outside of the building.
He showed the commission a document depicting the type of lighting that
will be used.
Jim
Taylor, Zoning Enforcement Officer asked Dave Birkenshaw to plant the white
pine trees that were on the original approved site plan to soften the
appearance and shield the building. Jim
noted that Type C screening listed in the Somers Zoning Regulations would need
to be installed.
Peter
Klein stated that there should be a total of 16 trees planted one in the front
of the building, one in the back of the building, and two between all of the
existing plum trees. He also said that
the commission would like the trees to be between four and six feet tall.
Patrice
Carson stated that the Planning Commission recommended their approval for this
application.
MOVED (MARTIN) SECONDED (WOOD) AND PASSED UNANIMOUSLY TO APPROVE SITE
PLAN APPLICATION FOR INDUSTRIAL RENTAL SPACE, 34 EGYPT ROAD, BIRKENSHAW WITH
TWO CONDITONS: SIXTEEN WHITE PINES 4 TO
6 FEET IN HEIGHT BE PLANTED AS STATED AND ONLY FOUR 35 WATT LIGHT BULBS BE
ALLOWED ON THE BUILDING'S EXTERIOR FOR LIGHTING.
b. Discussion/Possible
Decision: Site Plan Modification for
Industrial Rental Space, 16 Egypt Road, Barnes
Steve
and Debbie Barnes came forward to discuss the application. They showed the commission a site plan of
the property. Steve told the commission
that light shields have been ordered and showed them a letter from Kariden
Electric pertaining to the shields.
Steve
stated that the property has been landscaped with pine trees and arborvitae
trees that he will continue to maintain.
If and when a dumpster is installed at the building it will be screened
and additional arborvitae trees will be planted as well as screening for the
propane tanks.
Currently
there is grass planted in the front of the building with a few bushes out
front. Steve indicated that a landscape
wall exists and that some low plantings will be made out in front of the
building in the spring.
MOVED (WOOD) SECONDED (CALDER) AND PASSED UNANIMOUSLY TO APPROVE SITE
PLAN MODIFICATION FOR INDUSTRIAL RENTAL SPACE, 16 EGYPT ROAD, BARNES WITH THE
CONDITION THAT IF A DUMPSTER SHOULD EXIST THAT IT BE PROPERLY SCREENED AND THE
LOCATION BE APPROVED BY STAFF AT THAT TIME.
c. Other: None.
V. NEW BUSINESS:
a. Site
Plan Application for Restaurant (Subway Sandwich Shop), 12 South Road, Roulier
Patrice
Carson showed the commission a site plan of the property. They also viewed a floor plan of the
restaurant. The restaurant will seat
approximately 19 people. It will be
located on the north side of the building.
There will be no drive thru window.
Patrice
stated that the Planning Commission previously made a recommendation to approve
the application. She also told the
commission that all of the Land Use Staff, with the exception of the Building
Official, have signed off on the application.
Subway will still need to obtain a building permit.
MOVED (MARTIN) SECONDED (WOOD) AND PASSED UNANIMOUSLY TO ACCEPT AND
APPROVE SITE PLAN APPLICATION FOR RESTAURANT (SUBWAY SANDWICH SHOP), 12 SOUTH
ROAD, ROULIER.
b. Other
MOVED (WOOD) SECONDED (MARTIN) AND PASSED UNANIMOUSLY TO ADD TWO ITEMS
TO THE AGENDA; SITE PLAN APPLICATION FOR STORAGE BUILDING, 359 MOUNTAIN ROAD,
WORTHINGTON POND FARM, LLC AND SITE PLAN APPLICATION FOR COVERED DOCK, 359
MOUNTAIN ROAD, WORTHINGTON POND FARM, LLC.
Dan
Roulier came forward to discuss the applications. He presented building plans and site plans to the
commission. He indicated that the
storage building would not be near the wetlands. He told the commission that
the storage building will be used for tables, chairs and hay on the second
level. It will have a dirt floor and no
electricity.
He
showed the commission where a temporary tent would be set up from May through
October of 2004. Jim Taylor indicated
that the tent will also require site plan approval and that they will need to
see exactly where it will be located. Dan indicated that the tent would be 50
feet by 100 feet with crushed gravel underneath it. He told the commission that the tent would be in the same
location as last year. Jim Taylor asked
Dan to show the tent and parking area on a new site plan.
Dan
spoke to the commission about the types of functions that Worthington Pond, LLC
will be used for such as weddings, fund raisers and corporate functions. He told the commission that the covered
walkway would be from the tent area to the portable bathrooms. Dan stated that he has already obtained a
permit from the Conservation Commission for the covered dock.
Jim
Taylor recommended that Dan Roulier submit a separate application for the
temporary tent as well as parking details.
MOVED (WOOD) SECONDED (MARTIN) AND PASSED UNANIMOUSLY TO ACCEPT DAN
ROULIER'S APPLICATION FOR A STORAGE BUILDING AT 359 MOUNTAIN ROAD, WORTHINGTON
POND FARM, LLC, CONTINGENT UPON THE PRESENTATION OF A STATEMENT OF PURPOSE, AND
REFER IT TO THE PLANNING COMMISSION.
MOVED (MARTIN) SECONDED (WOOD) AND PASSED UNANIMOUSLY TO ACCEPT DAN
ROULIER'S APPLICATION FOR A COVERED DOCK AT 359 MOUNTAIN ROAD, WORTHINGTON POND
FARM, LLC, CONTINGENT UPON THE PRESENTATION OF A STATEMENT OF PURPOSE, AND
REFER TO THE PLANNING COMMISSION.
Dan Roulier spoke to the Zoning
Commission about his future plans for Worthington Pond, LLC. He showed them a marketing poster to be
displayed at various locations. He
spoke of education programs, tours of the farm for both children and adults,
corporate functions, weddings and general outdoor recreation.
Dan said that he plans to give back
to the community by offering charity events at the property and stated that
most non-profit organizations are allowed to use the premises at no
charge. The events such as weddings and
corporate meetings will help to pay the expenses necessary to continue
improvements at Worthington Pond.
Dan
still plans to add an addition to the existing warming house, add more post and
beam type of structures, and he plans to add a nineteenth century barn to the
property in the near future. He also
spoke about having a covered bridge museum in the future. Dan stated that he would like to build small
cottages or cabins at some point to house scouts or wedding party members.
Jim
Taylor and the commission spoke about reviewing and discussing Dan Roulier's
current special use permit. They would like to keep the lines of communication
open for future discussions regarding the property at Worthington Pond.
VI. STAFF/COMMISSIONER REPORTS:
Jim
Taylor asked the commission to consider amending the zoning regulations to not
allow any unregistered vehicles on resident's property. This would involve changing the current
number of two allowed to allowing zero.
The board was very receptive to this idea and Peter Klein asked Jim to
put a proposal for the change in writing.
Jim stated that he has had an increasing amount of phone call complaints
pertaining to unregistered vehicles in neighbor's yards. Jim stated that it would be acceptable for
an unregistered vehicle to be garaged, or in some cases a useable vehicle that
was unregistered may be left on a persons property on a temporary basis
providing that it runs.
The
commission agreed to accept Jim Taylor's Report dated February 29, 2004 - March
7, 2004.
VII. AUDIENCE COMMENTS:
Blaine
Buck, 59 Juniper Hill Drive stated his concerns about Dan Roulier's
applications being added to the agenda later than the other agenda items. He said that this was the third time Mr.
Roulier was added to an agenda just before a meeting. Patrice Carson stated that this was well within the Freedom of
Information Regulations and that it is allowable for any applicant to be put on
an agenda before a meeting.
Ken
Prior, 364 Mountain Road expressed concerns about the special use permit
granted to Dan Roulier and how it took one year before work was started at 359
Mountain View Road, and said it would take longer than two years to complete. Ken stated that Dan Roulier has advertised
to have functions on the property that are not covered by his special use
permit.
Jim
Taylor stated that Dan Roulier has not done what he has advertised and
therefore no action has been taken against Dan's operations at 359 Mountain
Road.
Marion
Richard, 372 Mountain Road questioned the validity of a special use permit in a
residential area. She stated that she
was told the property would only be used for quiet things such as nature walks. She says that every weekend there is heavy
equipment operating and too much noise.
She also objects to the additional traffic on her street.
David
Minney, 31 Country Fair Drive asked about possible bonding to ensure that Dave
Birkenshaw would carry out his promise regarding lighting and planting trees
around the property at 34 Egypt Road.
XIII. CORRESPONDENCE AND BILLS:
Patrice Carson presented one bill
before the commission pertaining to supplies for $17.54.
MOVED (WOOD) SECONDED (BURNETTE) AND PASSED UNANIMOUSLY TO APPROVE
$17.54 - SUPPLY BILL.
IX. ADJOURNMENT:
MOVED (WOOD) SECONDED (BURNETTE) AND PASSED UNANIMOUSLY TO ADJOURN THE
MEETING AT 9:00 PM.
Respectfully
Submitted,
Janet
Bennett
Recording
Secretary
MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING
Town of Somers Zoning Enforcement Officer
For the Zoning Commission Meeting of March 15, 2004
Covering the Weeks
of 2/29/04 thru 3/7/04
Activities listed by Address
Zoning Permits issued ------10 Certificates of Occupancy issued----3
Enforcement activity:
1. 34 Egypt Rd. D Birkenshaw, Placement of sign with out a permit and placement of sign on property not related to subject
businesses. Has been denied a variance for this sign. Waiting for sign to be removed. Issued C&D Order 3/9/04.
2. 237 Mountain View Rd. D. Butler II. Placement of non-permitted trailer in violation of section 214-92.C. Has not complied. Issued C&D Order
3. 180 Battle St. K, Lloyd. Placement of non-permitted trailer in violation of section 214-92.C. Requested compliance. Waiting for weather conditions to allow removal.
4, 11 Hall Hill Rd. Hall Hill Gardens. Received notice that floodlight is discontinued.
5. 70 Suncrest Dr. K. Reid. Section 214-60 (unregistered vehicles). Issued C&D Order
6. 112 Main St. F. Vono. Section 214-56.C (Restaurant sign for non-existing business. Requested compliance. Compliance pending...
NOTE:: Attached to the chairman’s copy of this report are copies of the 10 signed zoning permits and 3 C.O.’s
Respectfully submitted:
Jim Taylor, ZEO