ZONING COMMISSION
P.O. BOX 308
Monday, May 3, 2004
7:30 p.m. Town Hall
I.
CALL TO ORDER:
Chairman Peter
Klein called the regular meeting to order at 7:30 p.m. Members present were: Marie Burnette, A.J. Calder, Peter Klein,
Robert Martin and Lise Wood. Alternates
present were: Jill Conklin, Jon
Normand, Roy Slater. Also in attendance
were: Town Planner, Patrice Carson, and
Zoning Enforcement Officer, James Taylor.
II.
MINUTES APPROVAL:
A motion was
made by Marie Burnette, seconded by Lise Wood, and unanimously voted to accept
the meeting minutes for April 19, 2004.
III.
AUDIENCE COMMENTS ON AGENDA ITEMS:
Blaine Buck,
59 Juniper Hill Road,
had concerns about the map for 359 Mountain Road (Roulier). Wondering if the septic system is already in
or is it proposed only. And if the
system is in, have the perk tests been done?
There is no stamp or surveyors seal on the map. He also stated that he had made reference at
the last meeting to Volume 199 at Page 613 of the Land Records, which is the
covenant Mr. Roulier gave the Town as to how much land he will develop, but
this was not included in those minutes.
Mr. Buck also
stated that when he presents a project at Zoning Commission meetings he asks
his attorney to come with him in order to provide clarification. But Mr. Roulier doesn’t do that because his
attorney is also the Town of Somers’ Attorney.
Mr. Buck began
video taping the meeting and was asked to move the taping to the back of the
room in accordance with the Commission’s Bylaws.
Ken Prior,
364 Mountain View Road,
asked for the statement of purpose for Mr. Roulier’s storage shed. The purpose was read outloud by the
Chairman.
IV.
OLD BUSINESS:
a. Discussion/Possible
Decision: Site Plan Application For
Storage Building, 359 Mountain Road, Roulier
and
b. Discussion/Possible
Decision: Site Plan Application For
Covered Dock, 359 Mountain Road, Roulier
Peter
Klein said that the Town Attorney has taken copies of the documents to study and
has not yet made an official ruling.
Therefore, a final decision must be deferred until the next
meeting. Patrice Carson said that the
deadline to decide on this is May 18th, and since the next meeting
is on May 17th, it must be decided at that meeting or an extension
must be granted by the applicant.
c. Discussion/Possible
Decision: Site Plan Application for
Tent, 359 Mountain Road (Worthington Pond Farm)
Peter
Klein said that this application has not been referred to Planning. A statement of purpose and an updated plan
showing parking has been submitted.
Roy
Slater asked that if the application was for a tent, why did the plans show
parking spaces for 100 cars. Rob Martin
said that there was additional parking shown at other spots on the map. Roy Slater said that one map was needed
which includes everything on one site plan.
Peter Klein said, and the commission agreed, that Mr. Roulier would need
to follow regulations and provide an A-2 Survey. The Chairman stated that since Mr. Roulier was not at the
meeting, no final decision could be made but that Mr. Roulier should be told
about the A-2 survey as soon as possible.
Roy Slater requested that Mr. Roulier be asked to have the plan include
what he presently has in place on the property and also what he proposes to
have. The plan should be at the scale
of 1” = 50’, which would allow everything to be seen on one page.
Marie
Burnette asked for clarification as to what name the application was in. The applicant listed for the Site Plan
Applications was Worthington Pond Farms, LLC, but Worthington Pond Farm and
Gardens, LLC is at the same address.
Marie Burnette referred to regulation 214 101.B where it discusses if
the applicant is not the owner of the property on which the activity is
proposed, the relationship of the applicant to the owner must be provided and
their permission granted in writing.
Roy
Slater asked if the statement of purpose is in line with the use permit. Mr.
Klein stated that this needed to be discussed further with Mr. Roulier.
Peter
Klein asked for items he could discuss with the Town Attorney. Peter Klein requested that it be asked what
is included in a Limited Liability Company’s scope of liability for the
property and what goes on there.
John
Normand requested to ask the Attorney what recourse there is when a permit is
being requested but the building is already built.
Roy
Slater asked that if Mr. Roulier is making an amendment to the Special Use
Permit, how much of an amendment can be made before needing to make a completely
new application. Patrice Carson and Jim
Taylor both agreed that he is making changes but he is also filing new
applications, not modifications, for them so this is not a concern.
Roy
Slater asked if it was known what was on that property that is legal and if
there is anything that is not. Jim
Taylor said that there were some violations at one point, but now permits have
been received. When asked by Mr. Slater
if the staff members have signed off on them yet, Mr. Taylor said not yet, as
of this afternoon. Mr. Slater said that
the Commission needs to be very detailed in the usage instructions. Marie Burnett questioned whether or not all
the buildings were being used in ways in which they were originally intended
for. Mr. Slater asked that if the Commission
is giving permits for a particular usage and the buildings are used for other
reasons, what is the recourse for the Town?
Mr.
Slater asked if the Commission can change a use permit from the original
request (i.e., grant one out of two of the uses requested for a building). Lise Wood asked how we would regulate
that. Jim Taylor said that becomes a
Building Code issue, not a Zoning issue.
It
was asked that Mr. Klein speak with Town Attorney as soon as possible, so Mr.
Roulier can be made aware of the issues.
At this time, plans will not be sent to Planning because they can’t be
evaluated in their present form. If
necessary, Mr. Roulier can extend the time for making a decision up to an
additional 65 days.
d. Discussion/Possible
Decision: Site Plan Application for
Welding & Auto Body Repair Business, 16 Egypt Road, Building 2, Unit B,
Twister Manufacturing
The
applicants reviewed their statement of purpose as follows: Manufacturing and fabricating of auto body
parts to complete auto body repair (painting parts when necessary). Manufacturing/repair of trailers,
hitches. Manufacturing/repair of auto
body accessories. Repair and welding of
other machinery (lawn mowers, etc.).
There would be no spray booth included for painting. When asked about the ventilation system by
Mr. Slater, he was told by the applicants that Bob Campbell said that the
system would be simple and from the roof to allow for air circulation
only. A motion was made by Rob Martin,
seconded by Marie Burnette, and unanimously voted to approve Twister
Manufacturing’s Site Plan Application for welding and auto body repair business
at 16 Egypt Road, Building 2, Unit B.
e. Discussion: Proposed Amendments to Zoning Regulations,
Section 214-98.B.22 Motor Vehicle Sales, Service, Gasoline Sales
Patrice
Carson said the Planning Commission reviewed this and felt that the regulations
should not be changed until the Aquifer Protection Zone, required by the State,
was settled and in place. The Aquifer
Protection Zone, which is really a well head protection area, would affect the
northern part of the Industrial area on Field Road. This will not inhibit the operations to be able to be there but
would put them under more restrictions for new uses and expansion.
After
some discussion the Zoning Commission determined that the Amendments were fine
pending CRCOG review comments.
f. Discussion: Proposed Amendments to Zoning Regulations,
Section 214-60. Unregistered Motor Vehicles
Rob
Martin asked what the specific problem was with unregistered motor
vehicles. Jim Taylor said that they are
unsightly. Also a problem has developed
in that there is no way to enforce the requests to remove the vehicles.
The
Planning Commission has not made a recommendation on this amendment and wanted
to see some examples of the problem.
Roy Slater asked that they review his past reports where addesses are
listed that have unregistered motor vehicles.
g. Other
Patrice
Carson asked who was planning to attend the May 6, 2004 seminar in Columbia on
site plan review. Peter Klein, Marie
Burnette and Jill Conklin were planning to attend. There will also be 3 people attending from the Planning
Commission.
V. NEW BUSINESS:
There
was no new business.
VI. STAFF/COMMISSIONER REPORTS:
The
ZEO’s report was distributed.
VII. AUDIENCE COMMENTS:
Ken Prior, 364 Mountain Road, asked about the traffic survey that is being done
at the intersection of Battle Street and Stebbins Road. Patrice Carson said that they were taking
general speed surveys and traffic surveys.
Blaine Buck, 59 Juniper Hill Road, was concerned that a small storage shed at 359
Mountain Road was being used for cooking at the Pancake Breakfast and was also
concerned as to what the covered bridge was being used for. He stated that there are 2 sheds on the property
and one is filled with restaurant equipment.
He was wondering if cooking was taking place in there. Peter Klein said that as far as he knew,
there should be no cooking taking place in there. Jim Taylor said he would check to see that the facility was being
used properly and make a report on his findings at the next meeting.
Blaine
Buck also mentioned that there are two fuel tanks, one diesel and one gas, both
without permits in the driveway, with no catch basins to protect from leakage.
Mr.
Buck also stated that he appreciates all that the commission is doing in
looking into these things. He
reiterated his concern about them.
Marion Richards, 372 Mountain Road, expressed her gratitude for the research Marie
Burnette had done on the permits. She
had discovered that the permit taken out by Jane Roulier then became
Worthington Pond, LLC with Attorney Robert Peters as Agent, which then became
Worthington Pond and Gardens, LLC with Attorney Devlin as Agent, and this
concerned her greatly as they were all different entities. She also said that she was worried about the
usage of the covered dock. How many
people would be permitted to use it at once and how could they fish from
inside? She was also concerned that Mr.
Roulier wouldn’t comply with any restrictions put on the usage permit.
She
also asked if there was a permit for the digging of a well on the Roulier
property. She has been hearing the
sounds of digging from the area north of the parking lot.
Mrs.
Richards questioned if it is true that if a building has been built without a
permit, then the Assessor’s office will have no knowledge of that structure for
tax purposes. Mr. Klein said this was
true.
Blaine Buck, 59 Juniper Hill Road, asked that if a decision is not made on a project
within a certain time limit, does it automatically become approved. Patrice Carson and Jim Taylor said yes, this
is true.
Ken Prior, 364 Mountain Road, asked about the possibility of the warming house
evolving into a conference center. He
said Mr. Roulier wanted to add on a conference center and museum.
Dave Remnick, Root Road, asked if it was true that Mr. Roulier’s attorney was
also the Town of Somers’ Attorney.
Peter Klein said that no, this is not true. He also said that when he purchased his home on Root Road, he did
not know that Mr. Roulier would be holding wedding receptions and large
gatherings on the 359 Mountain Road property.
Had he wanted such traffic and noise, he would have bought a home by
Chez Josef.
VIII. CORRESPONDENCE AND BILLS:
Patrice
Carson said that she received notice that the DOT is submitting an application
to the DEP regarding improvements at the Gulf Road Intersection. They wish to improve drainage and provide
turn lanes.
There
were no bills presented to the Commission.
VIII. ADJOURNMENT:
Motion
to adjourn made by Lise Wood and seconded by Rob Martin. All in favor. The meeting adjourned at 9:10 p.m.
Respectfully submitted,
A.J. Calder, Secretary
Robin Timmons, Recording Secretary
Town of Somers Zoning Enforcement Officer
For the Zoning Commission Meeting of May 3, 2004
Covering the Weeks
of 4/18/04 thru 4/25/04
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). Violation Eliminated.
2. 182 Main Street, William Krasinski. Section 214-98 (Storage of junk material). Requested Compliance.Compliance in progress.
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. Issued Cease and Desist Order 4/21/04..
5. 71 Sokol Rd. P Johnson. Section 214-98 (Storage of Junk Material) and 214-60 (Unregistered Vehicles). Requested Compliance.
6. 112 Main St. F. Vono. Section 214-56.C (Restaurant sign for non-existing business. Requested compliance. Compliance pending.
7. 70 Suncrest Drive Ext. K. Reid. Section 214-98 (Storage of Contractor’s Equipment in Residential Zone. Requested Compliance.
8. 919 Main St. J. Eastwood. Section 214-98 (Storage of Junk). Requested Compliance).
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