TOWN OF SOMERS

ZONING COMMISSION

P. O. Box 308

Somers, Connecticut 06071

ZONING MEETING MINUTES

Monday, May 17, 2004

7:30 p.m.

Town Hall Auditorium

I. CALL TO ORDER:

Chairman Peter Klein called the meeting to order at 7:30 p.m. Members present were: Peter Klein; Lise Wood; A. P. Calder; Robert Martin. Alternates Jon Normand; Roy Slater and Jill Conklin were also present. Jon Normand was seated for Marie Burnette. Also present were Town Planner Patrice Carson, Zoning Enforcement Officer Jim Taylor and Town Attorney Carl Landolina.

II. MINUTES APPROVAL: May 3, 2004

The following changes were made to the 5/3/04 minutes:

Page 2; 6th paragraph; lst line; remove "Roy Slater" and replace with "Peter Klein".

Page 3; 4th paragraph; 7th line; remove "Roy Slater" and replace with "Rob Martin".

Page 3; 9th paragraph; 1st line; remove "Roy Slater" and replace with "Rob Martin".

Page 4; lst paragraph; 2nd line; remove "Jim Taylor" and replace with "Roy Slater".

Page 5; last paragraph; change to: "Motion to adjourn made by Lise Wood and seconded by Rob Martin.

Jon Normand made a motion to approve the 5/3/04 minutes, as amended. This motion was seconded by Lise Wood and unanimously approved by the Commission.

III. AUDIENCE COMMENTS: Agenda Items Only

Dan Roulier of 65 Scully Road stated that he has never used the Town Attorney as his own personal attorney and has in the past been represented by Attorneys Robert Peters, Joseph Capossela and Harold Cummings, whom he felt had a conflict of interest.

Attorney Harold Cummings representing Ken and Michele Prior and Marion Richards passed out three sets for each Worthington Pond Site Plan Application on the agenda requesting intervener status for each of his three clients for each of the Site Plan Applications; namely the covered deck; storage shed and tent.

Town Attorney Carl Landolina suggested that any discussion on intervener status be held until the agenda items come up for discussion.

Bernie Ruck; Bobolink Lane said he is a retired engineer who works and volunteers at Worthington Pond and was there the day of the pancake breakfast that had so many people attending. Peter Klein stopped him because the breakfast is not an agenda item. Mr. Ruck said his comments are relative to the parking issues. He feels there is adequate space to park cars now that the parking area has been enlarged to accommodate additional parking, and parking attendants are provided to help people park.

Marion Richard; 372 Mountain Road talked about the permit request for a 5,000 square foot tent for weddings, etc. She feels Worthington Pond is a commercial enterprise in a residential zone. She said Mountain Road is a narrow, winding road and she expressed concern about drinking alcohol and the large crowds that might attend these events. This should not be allowed in a residential area.

Lou Bachetti, Sokol Road is in favor of approving all three site plan applications. He said the Zoning Board unanimously approved this outdoor recreational facility a couple of years ago. Although neighbor's concerns are important, he feels the Town has made a commitment to allow Mr. Roulier to develop this outdoor recreational facility and he is concerned about the Town's liability to now do otherwise. There should be no negative action on the part of the Zoning Board. Board decisions are not easy, but they have to be made and they have to be made fairly.

Jeff Eli, Partridge Run is in support of Mr. Roulier's applications. Dan Roulier raised money to support sports in the middle school programs. He is doing good for the community and its citizens.

Paul Salva, 17 Twinbrook Drive asked if Zoning decisions are final. He questioned the group finality of the Zoning Commission. Decisions need to be honored.

Evan Plotkin, 43 Twinbrook Drive spoke in support of the activities at Worthington Pond. He said just look at the possible activities that could go on there, the beauty of the property and all it has to offer. This is not a commercial operation. He urged the public to support this project.

Buddy Devlin, 21 Longhill Drive said there is a lot of good that goes on up at Worthington Pond.

Pat Pio, Stebbins Road is in support of Roulier's Worthington Pond projects. It is an asset to the Town of Somers. Recommends approval of the applications.

Dave Waters, 138 Wood Road spoke in support of the permit applications. Mr. Roulier has continued to improve his property. There would only be limited commercial use out of the property in order to pay for maintenance and new projects.

Steve Jarmoc, 33 School Street is in support of the Worthington Pond Site Plan Applications. Regular fund raising events and non-profit activity go on up there on a regular basis. It is a great thing - everyone around here knows it. There is nothing but beauty up there - he feels it will help the area.

IV. OLD BUSINESS:

a. Discussion/Decision: Site Plan Application for Storage Building, 359 Mountain Road, Roulier

b. Discussion/Decision: Site Plan Application for Covered Dock, 359 Mountain Road, Roulier

Marie Burnette was seated at 7:40 p.m. Attorney Carl Landolina joined the Commissioners at the table.

Attorney Landolina explained the Connecticut General Statute 22a-19 which states that all Connecticut residents have a public trust to be sure that all natural resources are protected. If an activity has an unreasonable impact on natural resources, then a citizen can apply for intervener status in order to prove that air and water quality are negatively affected by a specific activity. If intervener status is granted, then the petitioning parties become a party to this proceeding. They may participate in all procedures the same as the applicant. The petition makes bare bones allegations that the activities at Worthington Pond will hurt the air and water quality.

Attorney Landolina recommended deferring action on the intervener status because this will give time to review the petition.

Attorney Fermagletti, representing Dan Roulier told the Commission that they are not required to accept this petition. The Conservation Commission has passed on two of the applications - for the covered dock and the storage shed. This would mean that in their estimation, air and water quality are not negatively affected by these two applications. The parking plan, with 133 parking spaces, could have water run-off and maybe some contamination. However, this has no bearing on the construction projects. Attorney Fermagletti feels the Zoning Commission has the authority to deny this petition and recommends that they do so.

Attorney Harold Cummings, representing the Prior's and Marion Richard said that if you look at the Zoning Regulations, Section 214-101, the applicant did not submit an A-2 site plan. The map that was supplied does not have the information that is required on an A-2 survey. Attorney Cummings said that Worthington Pond is a commercial facility. He would like a Cease & Desist order preventing the serving of alcoholic beverages. A parking plan, erosion plan, etc. should be submitted. He would like to see the intervener status granted to his clients.

Attorney Fermagletti, representing Dan Roulier said that the three permit applications on the agenda fit in with the outdoor recreational facility permit already granted. This Special Use Permit has already been issued.

Town Attorney Carl Landolina said the Zoning Commission has three choices:

1. Act and deny intervener status

2. Grant the petition

3. Table the petition until a future meeting.

Again, Attorney Landolina recommended deferring action on intervener status.

Commissioner Rob Martin asked should we grant the petition or not - the Commissioners have not had a chance to read it.

Town Attorney Carl Landolina said the Commission is not in a position to deny on whether or not there is an impairment of the water and air in the State of Connecticut. If the applicant is not willing to grant an extension, then the Commission will have to hear all of Attorney Cummings legal presentation tonight.

Attorney Fermagletti representing Dan Roulier said the applicant would agree to an extension to the next Zoning meeting if the Commission feels it is needed.

First Selectman David Pinney asked if the Commission would consider having a special meeting.

The next Zoning meeting is scheduled for June 7, 2004. The Planning Commission could review the tent application on May 27, 2004. Comments could be reserved until the June 7, 2004 meeting. If all three applications are on at the same time, then it would save time.

If intervener status is denied, then the three clients of Attorney Cummings would have nothing further to say.

Lise Wood made a motion to defer the first two items (Item (a) and (b) under Old Business until the next Zoning meeting to be held on June 7, 2004. Dan Roulier has granted an extension until the June 7, 2004 meeting. The petition will also be considered at the June 7, 2004 meeting. This motion was seconded by Rob Martin and unanimously approved by the Commission.

Attorney Fermagletti representing Dan Roulier presented the hand-written extension to the Commission. The Commission can return on 6/7/04 and either grant or deny the petition for intervener status.

Town Attorney Carl Landolina said the Commission had indicated that they had a few questions for him.

Peter Klein asked what kind of a company a Limited Liability Company (LLC) was. Carl said it was a specific way of doing business.

Peter Klein said that liquor permits for Worthington Pond need to be addressed. Peter asked verification that the Commission has the right to modify a site plan if the Commission feels it is necessary. Attorney Landolina explained the difference between modification and condition. Carl said that the 2000 decision for Worthington Pond included weddings and corporate outings as a use. Dan Roulier could have a wedding on his site tomorrow and this would fit in with the terms of the permit.

Accessory use are those uses that are customarily incidental to primary use. In 2000, weddings were permitted as an accessory use. The primary use is outdoor recreational facility. The Commission can determine what is an accessory use.

Dan Roulier said he will have an A-2 site plan available for the next meeting.

Attorney Cummings would like a copy of the A-2 site plan before the next meeting in enough time so that he can review it.

Attorney Landolina said show the Commission what you intend to build; show them that it conforms; show them what you are going to do on the inside of the building - does it conform?

Dan Roulier said there are no sewers or wells on his property. The tent would be up from May lst through October 31st every year.

Roy Slater said it is important that the Commissioners become familiar with the 2000 transcript.

c. Site Plan Application for Tent, 359 Mountain Road, Worthington Pond Farm

Rob Martin made a motion to refer this Site Plan Application for a tent at 359 Mountain Road to the Planning Commission for their review and recommendation. This motion was seconded by Lise Wood and unanimously approved by the Commission.

Patrice Carson asked which commissioners needed copies of the 2000 transcript and said she would mail them out.

d. Discussion: Proposed Amendments to Zoning Regulations, Section 214-98.B.22. Motor Vehicle Sales, Service, Gasoline Sales

Patrice Carson said no action can be taken on this proposed amendment until an opinion is received back from CRCOG. The Planning Commission was not in favor of this regulation change until the State mandated aquifer protection plan is in place.

Lise Wood made a motion to schedule a public hearing date on this amendment for June 21, 2004 at 7:00 p.m. This motion was seconded by Marie Burnette and unanimously approved by the Commission.

e. Discussion: Proposed Amendments to Zoning Regulations, Section 214-60 Unregistered Motor Vehicles

The Planning Commission recommended denial of this amendment at their last meeting. Lise Wood made a motion to schedule a public hearing date on this amendment for June 21, 2004 at 7:00 p.m. This motion was seconded by Marie Burnette and unanimously approved by the Commission.

V. NEW BUSINESS:

Jim Taylor, ZEO, said there are only (4) gravel bank operations to be permitted this year. Lloyd's Gravel Bank on Battle Street did not re-apply for this year. Ken Lloyd will have to restore his gravel bank area to its original state because he is not seeking a permit this year. Jim Taylor will work closely with Ken Lloyd to be sure that it is done thoroughly and properly and in a timely manner.

It was the consensus of the Commission to accept all gravel bank operation permit requests together.

a. Special Use Permit Application for Gravel Bank, Egypt Road, Charter

b. Special Use Permit Application for Gravel Bank, South Road, Pleasant View Farms Realty

c. Special Use Permit Application for Gravel Bank, South Road, Bordeaux

d. Special Use Permit Application for Gravel Bank, Stafford/Root/Wood Roads, Wood Gravel Operation LLC

All gravel banks have paid their fee; have new bonds in place; and revised plans on file. Rob Martin made a motion to accept gravel bank permit applications (a); (b); and (c) and refer them to the Planning Commission for their review and recommendation. Set the public hearing date for the gravel banks for June 21, 2004 at 7:00 p.m. Marie Burnette seconded this motion which was unanimously approved by the Commission.

Jon Normand was seated for Lise Wood for the motion on Wood Gravel Bank, item (d) under New Business.

Rob Martin made a motion to accept gravel bank permit application (d) under New Business and refer it to the Planning Commission for their review and recommendation. Set the public hearing date for gravel banks for June 21, 2004 at 7:00 p.m. This motion was seconded by Jon Normand and unanimously approved by the Commission.

VI. STAFF/COMMISSIONER REPORTS

Peter Klein reported on a workshop he attended in Columbia on site plan review. He said a site plan review check list was presented which appeared to be very useful.

Jim Taylor presented his ZEO report to the Commission. A copy is attached to the minutes.

VII. AUDIENCE COMMENTS:

Blaine Buck, Juniper Hill said the A-2 survey for the Worthington Pond property should be for the entire 82 acres. He was also concerned about the covenant from the person who owned the Worthington Pond property before Roulier. This was not a Zoning Commission issue.

VIII. CORRESPONDENCE AND BILLS:

Peter Klein submitted a letter from a citizen who is in favor of Roulier's development of Worthington Pond. This letter will be placed in the appropriate file(s).

Jim Taylor said an A-2 survey of the entire 82 acres at Worthington Pond will not be required. Only the areas where development is planned should be on the survey.

IX. ADJOURNMENT:

Motion to adjourn made by Lise Wood; seconded by Rob Martin and unanimously approved by the Commission. The meeting adjourned at 9:42 p.m.

Respectfully submitted,

A. P. Calder, Secretary

Connie Carenzo, Recording Secretary

Town of Somers Zoning Enforcement Officer

For the Zoning Commission Meeting of May 17, 2004

Covering the Weeks of 5/2/04 thru 5/9/04

Activities listed by Address

Zoning Permits issued ------15 Certificates of Occupancy issued----2

Enforcement activity:

1. 54 Quality St. A. Harrison. Section 214-60 (Unregistered Vehicles). Requested Compliance.

2. 182 Main Street, William Krasinski. Section 214-98 (Storage of junk material). Violation Eliminated.

3. 163 Battle St. K, Lloyd and Andrew M. Lavoie. Placement of non-permitted trailer in violation of section 214-92.C. Issued Cease and Desist Order.

4, 663 Main St. P. Smith. Section 214-60 (Unregistered Vehicles) . Issued Cease and Desist Order 4/21/04. Mr. Smith has agreed to Remove the subject Vehicles.

5. 71 Sokol Rd. P Johnson. Section 214-98 (Storage of Junk Material) and 214-60 (Unregistered Vehicles). Violation Eliminated. Two Unregistered Vehicles remain.

6. 112 Main St. F. Vono. Section 214-56.C (Restaurant sign for non-existing business. Violation Eliminated.

7. 70 Suncrest Drive Ext. K. Reid. Section 214-98 (Storage of Contractor’s Equipment in Residential Zone. Violation Eliminated.

8. 919 Main St. J. Eastwood. Section 214-98 (Storage of Junk). Requested Compliance). Mr. Eastwood has agreed to remove the Junk Material.

NOTE:: Attached to the chairman’s copy of this report are copies of the 15 signed zoning permits and 2 C.O.’s

Respectfully submitted:

Jim Taylor, ZEO