TOWN OF SOMERS
ZONING COMMISSION
P. O. BOX 308
SOMERS,
CONNECTICUT 06071
ZONING MINUTES
Monday, 4/19/04
7:00 p.m.
Town Hall
I. PUBLIC
HEARINGS:
a. Discussion/Possible
Decision: Special Use Permit
Application for Home Occupation, 22 Kibbe Grove Road, Blouin
Chairman Peter Klein called the public hearing to order at 7:00 p.m. Town Planner Patrice Carson read the legal notice.
Mr. & Mrs. Blouin gave a brief description of their proposed home occupation. This is primarily an internet business of decorative gift items - no signs, no employees, no customers to the residence. Customer packages are transported by the Blouin's. Several deliveries by UPS and Federal Express per week. Overstock storage in existing barn.
Zoning Enforcement Officer Jim Taylor has no objections to the application. The Planning Commission reviewed the application and recommended approval to the Zoning Commission. The Staff has given their approval.
Marion Richards of 372 Mountain Road asked what type of gift items are for sale and was told mainly small decorative gifts for household display.
A complete tape of this public hearing can be made available.
Lise Wood made a motion to close the public hearing; seconded by Rob Martin and unanimously approved by the Commission. The public hearing closed at 7:10 p.m.
II. CALL
TO ORDER:
Chairman Peter Klein called the regular meeting to order at 7:11 p.m. Members present were: Peter Klein; Robert Martin; A. J. Calder; Lise Wood; Alternates Jill Conklin; John Normand and Roy Slater (7:25). Jill Conklin was seated for Marie Burnette.
III. MINUTES APPROVAL: April 5, 2004
A change was made on Page 2, last line, remove the word "be".
Jill Conklin made a motion to approve the minutes, as amended; seconded by Lise Wood and unanimously approved by the Commission.
IV. AUDIENCE COMMENTS - agenda items only.
Ken Prior, 364 Mountain Rd. feels that Dan Roulier's Worthington Pond outside activity complex is not in compliance with Zoning Regulation 214-105A that states a Special Use Permit should expire within two years. He said construction is still going on - mostly without permits. He said the storage shed application that is on the agenda - most of the shed is already built. He questions the application for the tent and feels this should not be allowed in an A-1 zone. He is gravely concerned about the use of alcohol on the property.
Karen Richards, 59 Juniper Hill would like the Commission to consider the implications of approving Dan Roulier's applications; such as the storage shed and covered dock. She feels that Mr. Roulier is doing a commercial development that does not belong in an A-1 residential zone. Her lengthy presentation is on file.
Marion Richards, 372 Mountain Road gave an even longer presentation on the reasons she feels Mr. Roulier's Special Use Permit should be revoked and further construction work should not be allowed at Worthington Pond. Her presentation is also on file.
Edelmen Sandberg, Mountain Road brought in some letters of concern about the Worthington Pond development from her neighbors. She feels there will be accidents and injuries from allowing alcohol to be consumed on the premises. She feels a traffic study should be done. She is afraid for the children of the neighborhood.
Gordon Mello, 471 Four Bridges Road said he is glad that someone in town wants to do something different - like making an outside recreational facility at Worthington Pond. He thinks what Dan Roulier has already done at Worthington Pond is spectacular. He said Dan Roulier does not make any money on the project - everything goes to charity. He said Worthington Pond is an asset to the community and development should continue.
Blaine Buck, 59 Juniper said there is no engineer stamp on the plot plan of Worthington Pond; no wetlands markings; no topography; no drainage plan and no planting plan. He does not feel there is sufficient line-of-sight. He asked if there was a septic system on the property.
Craig Ingols, 68 Root Road feels there is an increased risk of accidents because of the development of Worthington Pond.
Joan Naylor, 728 Stafford Road said she feels there will be traffic problems in the Worthington Pond area if construction is allowed to continue.
Karen Richards, 59 Juniper Hill said the Plan of Conservation and Development is against future development on Battle Street and Mountain Road unless a traffic study is done. Any road improvements should be made by the developer.
Joe Risniak, Hickory Hill Drive asked what is the rationale for all of these comments.
V. OLD
BUSINESS:
a. Discussion/Possible Decision: Special Use Permit Application for Home Occupation, 22 Kibbe
Grove Road, Blouin
It was the consensus of the Commission that this home occupation is low-keyed and will not impact the residential neighborhood. The application meets the regulations that define home businesses allowed in a residential neighborhood
Rob Martin made a motion to approve the Special Use Permit Application for a Home Occuption at 22 Kibbe Grove Road, Blouin. This motion was seconded by Lise Wood and unanimously approved by the Commission.
A tape of the full discussion can be made available.
b. Site Plan Application for Storage Building, 359 Mountain
Road, Roulier
Patrice Carson reported that the Planning Commission recommended approval of this site plan to the Zoning Commission. Planning had several questions that Dan Roulier answered when he appeared at their last meeting.
Peter Klein said he has some serious concerns about these site plan applications. The first floor of the proposed storage building is already built; there does not seem to be a gate at the entrance of Worthington Pond. Peter feels that things have been done that should not have been done before an actual permit was issued. Peter feels that a legal opinion is needed from the Town Attorney before proceeding any further.
Jim Taylor suggested requiring an A-2 site plan that clearly maps out all that is on-site and what is planned along with parking spaces, topography, drainage, wetlands identification and a planting and lighting plan as well.
After a lengthy discussion, it was the consensus of the Commission to defer any decision on all of Dan Roulier's application until a legal opinion is received.
c. Site Plan Application for Covered
Dock, 359 Mountain Road, Roulier
No action on this agenda item until a consultation with the Town Attorney renders a legal opinion.
Rob Martin made a motion to take the agenda out of order and consider Dan Roulier's final application under New Business, Item (c). This motion was seconded by Lise Wood and unanimously approved by the Commission.
VI. NEW
BUSINESS:
c. Site
Plan Application for Tent, 359 Mountain Road, Worthington Pond Farm
Dan Roulier explained that the tent would be 50' x 100' with a 21' x 21' dance floor; portable heaters and fans. Suspended lighting would be available. The use would be for weddings, corporate events, family parties. Seating capacity for about 260 people. There are at least 133 parking spaces.
Rob Martin made a motion to accept this Site Plan Application for a tent at 359 Mountain Road, Worthington Pond Farm, pending a review with the Town Attorney with respect to the development of the entire Worthington Pond property. The Zoning Commission also requires a Statement of Purpose for this application. Lise Wood seconded the motion which was unanimously approved by the Commission.
The Commission returned to the regular order of business.
V. OLD
BUSINESS:
d. Site
Plan Application for Sales & Installation of Auto & Truck Parts, 16
Egypt Road (Building 2, Unit A, Group O, LLC
The Staff has reviewed this application and does not have any concerns. The Planning Commission reviewed the application at their last meeting and recommended approval to the Zoning Commission.
Gordon Mello, applicant, said this is an after the market auto and truck parts sales operation for specialty items such as special hoods, running boards and other items a person might want to add to his vehicle. The business already exists in another industrial building in town but more space is required. The building is in an industrial zone on Egypt Road in Steve Barnes' second building. The business complies with EPA and OSHA regulations and there are no floor drains.
Lise Wood made a motion to approve this Site Plan Application for Sales & Installation of Auto & Truck Parts, 16 Egypt Road (Building 2, Unit A), Group O, LLC. This motion was seconded by Rob Martin and unanimously approved by the Commission.
Lise Wood made a motion to take the agenda out of order and consider Item (d) under New Business first; motion seconded by Jill Conklin and unanimously approved by the Commission.
VI. NEW
BUSINESS:
d. Site
Plan Application for Welding & Auto Body Repair Business, 16 Egypt Road,
Building 2, Unit B, Twister Manufacturing
The applicant for Twister Manufacturing presented a Site Plan and Statement of Purpose for the Commission's review. She said they plan to install ceiling fans for ventilation. Her company plans to do welding and manufacturing of the parts required by the other businesses in this industrial complex. Business hours would be 9:00 a.m. until 6:00 p.m., six days a week.
Jill Conklin made a motion to accept this Site Plan Application for Welding & Auto Body Repair Business, 16 Egypt Road, Building 2, Unit B, Twister Manufacturing and forward it on to the Planning Commission for their recommendation. This motion was seconded by Lise Wood and unanimously approved by the Commission.
a. Discussion:
Proposed Amendments to Zoning Regulations, Section 214-98.B.22. Motor
Vehicle Sales, Service, Gasoline Sales
Patrice Carson said the purpose of this amendment is to add motor vehicle sales, service and gasoline sales to the list of businesses that are allowed in an industrial zone.
Lise Wood made a motion to accept this proposed amendment and forward it on to the Planning Commission and CRCOG for their review and recommendation. This motion was seconded by Rob Martin and unanimously approved by the Commission.
b. Discussion:
Proposed Amendments to Zoning Regulations, Section 214-60. Unregistered
Motor Vehicles
Patrice Carson said the purpose of this amendment is to allow only one unregistered vehicle on a property if properly screened or in a garage.
Jim Taylor said the change to this regulation would greatly improve his chances of zoning enforcement. This amendment would not apply to residents that are selling a personal vehicle out of their yard.
Patrice Carson voiced concerns about people who have no place (a garage or screened backyard) to store an unregistered motor vehicle.
Rob Martin made a motion to accept this proposed amendment and forward it on to the Planning Commission and CRCOG for their review and recommendation. Lise Wood seconded the motion which was unanimously approved by the Commission.
VII. STAFF/COMMISSIONER
REPORTS:
Zoning Enforcement Officer Jim Taylor reviewed his ZEO report with the Commission. A copy of his complete report is attached to the minutes.
The Commissioners brought up several other areas in town for Jim to check out for zoning compliance.
VIII. AUDIENCE
COMMENTS:
Ken Prior, 364 Mountain Rd. again brought up Zoning Regulation 214-105a which states a zoning permit expires within two years if the work is not completed.
IX. CORRESPONDENCE
AND BILLS:
Patrice Carson presented a budget run to the Commission which showed cuts made by the Board of Selectmen. After a discussion, it was the consensus of the Commission that the monies budgeted for printing and advertising should be reinstated because these amounts are needed for the next fiscal year.
There is a May 6, 2004 seminar in Columbia on site plan review - cost of $5.00 each from 7:00 until 9:00 p.m. - Peter Klein, Rob Martin and Marie Burnette plan to attend. There are also (3) attendees from the Planning Commission.
Patrice Carson warned that the Zoning Commission may be the commission chosen by the Board of Selectmen to spearhead the new aquifer protection zone regulations required by the State which are Zoning Regulations. The proposed regulation must be in accordance with DEP regulations.
BILLS:
Journal Inquirer (meeting on March 1st) $55.09
Journal Inquirer (meeting on March 16th) $62.96
Lise Wood made a motion to pay the bills; seconded by Jill Conklin and unanimously approved by the Commission.
X. ADJOURNMENT:
Motion to adjourn made by Rob Martin; seconded by Lise Wood and unanimously approved by the Commission. The meeting adjourned at 9:15 p.m.
Respectfully submitted,
A. J. Calder, Secretary
Connie Carenzo, Recording Secretary
Town of Somers Zoning Enforcement Officer
For the Zoning Commission Meeting of April 19, 2004
Covering the Weeks
of 4/4/04 thru 4/11/04
Activities listed by Address
Zoning Permits issued ------9 Certificates of Occupancy issued----7
Enforcement activity:
1. 3 Ninth District Road, R. McCulloch. Section 214-98 (Storage of junk material). Requested Compliance.
2. 182 Main Street, William Krasinski. Section 214-98 (Storage of junk material). Requested Compliance.
3. 180 Battle St. K, Lloyd. Placement of non-permitted trailer in violation of section 214-92.C. Requested compliance. should be removed before May 1, 2004.
4, 663 Main St. P. Smith. Section 214-60 (Unregistered Vehicles) Requested Compliance. Preparing to take further enforcement action.
5. 359 Mountain Rd., Worthington Pond. Received 13 calls at the Zoning Office from residents of that neighborhood. Eleven of the calls opposed further expansion of the use of this site because of noise and traffic concerns. They also stated that it appears that the proposed uses exceed the original Special Use Permit approval. There were two calls of the total of 13 received that commented favorably to the use of the property..
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 9 signed zoning permits and 7 C.O.’s
Respectfully submitted:
Jim Taylor, ZEO