ZONING COMMISSION
P.O. BOX 308
Monday, June 7, 2004
7:30 p.m.
Town Hall Auditorium
I.
CALL TO ORDER:
Chairman Peter
Klein called the regular meeting to order at 7:33 p.m. Members present were: Marie Burnette, Anita 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,
Zoning Enforcement Officer, James Taylor, and Town Attorney, Carl Landolina.
II.
MINUTES APPROVAL:
May 17, 2004
The following
changes were made to the May 17, 2004 minutes:
Page 1, first
paragraph: change A.J. Calder to A. P.
Calder.
Page 2, fifth
paragraph: change “integrity” to
“finality”.
Page 4, first
paragraph, fourth line: change “this”
to “his”.
Page 5, sixth
paragraph, first line: change “use” to “uses”.
Page 6, last
line on page: add “Bordeaux”
Page 8, first
line of signature lines: change to A.
P. Calder, Secretary
Lise Wood made a
motion to approve the May 17, 2004 minutes, as amended. A. P. Calder seconded the motion and it was
unanimously approved by the Commission.
III.
AUDIENCE COMMENTS: Agenda Items Only
Chairman Peter
Klein explained that on the advice of Town Attorney Carl Landolina the
Commission will no longer be taking audience comments on agenda items because
that represents an illegal public hearing.
A Public Hearing may not be held without the public receiving notice of
such hearing. He made this
recommendation in order that such a situation did not occur again.
Attorney Harold
Cummings, representing Ken and Michele Prior and Marion Richard, objected to
the recommendation on behalf of his clients stating that at the May 17th
meeting he had reserved a right to make a presentation at the June 7th
meeting, and requested that his presentation be permitted.
Two other
audience members stood and began making comments, but were told they were out
of order and asked to sit down and refrain from speaking by Chairman Peter
Klein.
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.
c. Discussion/Possible Decision: Site Plan Application for Tent, 359 Mountain
Road, Roulier.
Attorney Joe
Capossela, representing Dan Roulier, introduced himself to the Commission as
speaking on Mr. Roulier’s behalf with regard to the Intervenor Petition.
Town Attorney
Carl Landolina spoke to Commission Members with regard to his letter to the
Commission dated June 3, 2004, about the Petition to Intervene Pursuant to CGS
Section 22a-19. He reviewed the letter
with them, pointing out key issues including whether or not the Petitioner
should be granted intervenor status. He
stated that Connecticut Statutes “permits intervenors the right to raise only
those environmental issues over which the Commission has jurisdiction”. Should this be found to be the case, “the
Commission must decide whether the proposed activity has, or is reasonably
likely to have, the effect of unreasonably polluting the air, water or other
natural resources of the state.”
He stated that
it was his opinion that the Petition met those conditions in Paragraphs 6a, 8,
9, and 10 and recommended that the Commission review the Petition to determine
whether or not it was in agreement with his finding.
He further
stated that the next step would be to determine if the Commission has
jurisdiction over the specific claims.
According to Attorney Landolina, Paragraph 6a deals with wildlife
issues, over which the Commission has no jurisdiction and Paragraph 8 deals
with air pollution, once again, not within the Commission’s jurisdiction. Attorney Landolina recommended that the
Petition be granted with respect to Paragraphs 9 and 10, as the Commission has
jurisdiction over those claims.
He remarked that
it was then up to the intervenors to prove to the Commission that there is
specific harm, or the reasonable likelihood of harm, and if they do, the
Commission “cannot approve the activity unless it finds that feasible and
prudent alternatives do not exist.”
Robert Martin
asked if Attorney Landolina had read David Askew’s memo clearly covering the
issues and Attorney Landolina said he had.
Attorney Joe
Capossela spoke with regard to the granting of the Petition stating that the
applications before the Commission deal with the site plan modification for the
covered dock, storage building and tent, not the parking area, so any
discussion of pollution or anything else regarding the parking lot is not
pertinent. He requested that the
Petition not be accepted because it is his opinion that it did not address the
applications before the forum.
Attorney
Cummings disagreed with Attorney Capossela because part of the application
included proposed parking for activities held in the tent. He submitted a detailed critique including
comments on the site plan submitted to the Commission which he declared
deficient in providing information on soil and erosion, parking design,
lighting design and lacking compliance with the Commission’s site plan
regulations in connection with the A-2 survey standards.
Attorney
Capossela stated that the Commission still needed to reasonably deal with the
issues as presented on the agenda.
Peter Klein
spoke with regard to Paragraph 8 of the Petition, stating that cars do drip oil
and Robert Martin added that cars result in conduct which sometimes can cause
unreasonable pollution to the environment.
Attorney
Landolina asked if there are specific allegations regarding likely impairment
of the environment over which the Commission has discretion.
Lise Wood asked
if dust created an environmental issue.
Peter Klein said that Section 214.40 of the regulations stated that oils
and dust are included.
A motion was
made by Marie Burnette, seconded by Lise Wood, and unanimously approved that
the Commission grant partial intervenor status for Paragraphs 8, 9 and 10 of
the Petition.
Roy Slater asked
if the Commission had an A-2 survey of the property. Attorney Capossela presented one to the Commission on behalf of
his client. Attorney Cummings and Ken
Prior approached the table and, together with the Commission, examined the
survey. Attorney Capossela stated that
it was an A-2 survey of the entire site, the second sheet of which showed
details of the topography.
Lise Wood asked
about the bathroom facilities and Attorney Capossela stated that there was a
port-a-potty.
Peter Klein and
Anita Calder noted that there was a boathouse on the survey. Attorney Capossela stated that this was the
covered dock and that the terms were used interchangeably.
Peter Klein
stated that the parking stalls need to be 9’ x 20’, not 9’ x 18’ as shown on
the survey, and the spaces need to be clearly marked. Attorney Capossela said that the spaces are gravel and not able
to be marked. Roy Slater said that for
fire safety purposes, the parking area needed to include a 24-foot isle. Peter Klein said that the area for parking
had to be a specific size and show the vehicle capacity.
Attorney
Capossela said that there is no well and no septic system, which is why there
are no plans for those included on the survey.
Mr. Klein asked
about the lighting and was given a pamphlet describing the type of lighting from
the file. Peter Klein asked how there
had become electricity on the site.
Roy Slater said
that the town engineer had not yet reviewed the plans and he felt the
Commission was “boxed into a corner”.
Attorney
Landolina said that there is a list of 22 items of requirements for the survey
and suggested that the Commission ask the applicant for an extension to make
sure that the survey conforms to the regulations. Patrice Carson said that the next meeting is June 21, 2004 and
that should be enough time to examine the survey.
Marie Burnette
said that the Commission was getting things at the last minute and Lise Wood
said that we had asked for the A-2 survey two meetings ago. Patrice Carson said that A-2 surveys
sometimes take a while to get and Attorney Capossela agreed, adding that Mr.
Roulier had gotten the survey as soon as possible. Attorney Capossela stated that a wedding was planned for the
facility for this weekend.
Roy Slater
stated that the original application was more for outdoor recreation activities
and suggested a modification of the application through a special permit. He added that the Commission was “backed
into a corner” to decide unless an extension is granted. He suggested accepting the plan and getting
it to the town engineer to look over.
Attorney
Cummings presented a report from his clients’ engineer which he felt may be
helpful to the Commission and the town engineer.
Attorney
Cummings also requested that copies of any information received from the town
engineer, together with a copy of the site plan and copies of any additional
information submitted to the Commission with regard to the application be given
to him as attorney for his clients who are a party to the proceeding. He also requested, and was granted, the
right to modify his clients’ petition if other issues arise at or before the
next meeting.
Mr. Klein asked
Patrice Carson how much time the Commission currently had regarding the tent
application, and was told 2 more weeks.
Mr. Klein asked, on behalf of the Commission, for an extension on both
the dock and storage building applications.
Attorney Capossela, after conferring with Mr. Roulier, granted the
extension on behalf of his client because the A-2 Survey had just been completed. He said that Mr. Roulier had been trying to
get the survey done as soon as possible.
He asked that the Commission send the survey to the town engineer and
requested that a decision be made at the next meeting.
Mrs. Carson
began going over the various items which Mr. Roulier’s survey will require in
order to be sure that he would know what was required for the application.
At this point,
Attorney Cummings made reference to a Paragraph K of his engineer’s report
regarding the requirement of wells or sewage disposal plans for compliance with
regulations.
Mr. Klein stated
that parking required/parking supplied should also be included. Roy Slater asked about the lighting – its
purpose and whether or not the lighting plan was moving forward appropriately.
Mr. Klein asked
if the intervenors would like to make their presentation this evening. Attorney Cummings stated that he would like
to reserve the right for further discussion at the next meeting.
A motion was
made by Robert Martin, seconded by Lise Wood, and unanimously approved by the
Commission to accept the revised plans and refer them to the town engineer for
review back to the Commission, and accept the extension on the application to
the June 21, 2004 meeting.
A motion was
made by Lise Wood, seconded by Robert Martin, and unanimously approved to have
a special meeting on June 28, 2004 at 7:00 p.m. for a public hearing on the
gravel banks and two proposed zoning regulations changes.
The Commission
adjourned for a short break at 9:20 p.m. and reconvened at 9:30 p.m.
d. Other:
There was no
other old business presented.
V.
NEW BUSINESS:
Jim Taylor asked
if it would be possible to add an item to the agenda for new business with
regard to the sale or serving of alcohol at the Roulier site.
A
motion was made by Lise Wood, seconded by A.P. Calder, and unanimously approved
to add a “Discussion of the Sale or Service of Alcohol at 359 Mountain Road” to
the agenda.
a. Discussion:
Sale or Service of Alcohol at 359 Mountain Road, Roulier
Attorney
Landolina told the Commission that during the proceeding regarding the site
plan for the Roulier property it had become a concern of the Zoning Enforcement
Officer that patrons that use the site for wedding facilities or large company
gatherings or meetings may want to serve or sell alcohol on the site. At this point, no one has asked for a permit
regarding alcohol sale or service at Mr. Roulier’s property. However, Attorney Cummings has mentioned it
and Mr. Taylor was wondering if providing a permit would violate a section of
the Zoning regulations.
Attorney
Landolina and Mr. Taylor noted Section 214.87 of the Zoning Regulations with
regard to alcoholic beverages. Attorney
Landolina had spoken with both the intervenor and the applicant. The caterers of functions at the Roulier
property have the option of applying for a caterer’s permit, which most
caterers do. Caterer’s can also have a
travel permit and does the town have to let them serve alcohol under that
permit? Mr. Roulier cannot apply for a
permit because he does not have a restaurant or a golf course on the
property. Should the Zoning Officer
watch to see if alcohol is being served on the site and then serve a cease and
desist order? What procedure should the
Commission follow?
Mrs. Calder
asked about the YWCA serving alcohol at Camp Aya-Po during functions
there. Wasn’t this a similar situation?
Much discussion
followed. Lise Wood asked what the
Town’s liability would be with regard to any situation that would arise. Atty. Landolina said that the DRAM laws with
respect to liability change very often and that he was not free to speak of
liability issues in an open forum such as this.
Mr. Martin asked
a question with regard to sale of alcohol as opposed to the groom at a wedding
bringing in his own alcohol and serving it to the guests. Jim Taylor pointed out that it would be
difficult to enforce such a situation because the source of the alcohol would
have to be determined.
Lise Wood
suggested the possibility of sending Mr. Roulier a letter stating the
regulation.
Mr. Taylor said
that he would like time to look into the situation further and present what he
discovers at a subsequent meeting.
VI.
STAFF/COMMISSIONER REPORTS:
Jim Taylor
presented his Zoning Enforcement Officer report to the Commission. (A copy of the report is attached to these
minutes). He said that with regard to
Item 6, 106 Dillenback Road, C. Lallier.
The horses were being kept in the front yard. Lallier has agreed to move them in the back.
With regard to
Item 7, 124 Main Street, Mickey Finn’s Restaurant, the neighbors had been
complaining about the noise from the outdoor patio. The restaurant owners have offered to close the patio doors to
keep the sound level down.
VII.
AUDIENCE COMMENTS:
Jim Wysocki of
Eaglebrook Drive, will be meeting with the Planning Commission regarding a
subdivision application on June 10, 2004, and is looking for a letter from the
Fire Chief regarding public safety at the end of his street. The chief refused to write the letter unless
it is authorized by either the Zoning Commission or the Planning Commission.
Mr. Klein stated
that any question relating to public safety on a public street must be
presented to the Selectmen’s Office and is not within the Zoning Commission’s
jurisdiction.
Mr. Wysocki also
stated that he has been trying to get copies of the current Zoning Regulations
and the Subdivision Regulations and has been unable to obtain a full and
current set of either. He needs them
for the hearing. He expressed concern
not only for himself, but for the Commissions who are working with incomplete
regulations and the other town residents who cannot obtain them for personal
use.
Patrice Carson
stated that she is aware of the situation and has been trying to help Mr.
Wysocki with his difficulty.
Kenneth Prior,
Mountain Road, expressed concern over the change of use for the warming house
on the Roulier Mountain Road property.
Also asked that if the status is now A-3, is it considered a restaurant
for alcohol serving/sale purposes?
Mr. Taylor
stated that he and Bob Campbell addressed that when looking into a building
code violation. The facility has been
updated to take care of the violation to the point that a restaurant could be
put in there. However, no application
for a restaurant has been received, so it is not considered a restaurant for
alcohol serving/sale purposes.
Linda
Chrzanowski, 312 Root Road, requested that neighbors of abutting properties to
applicants be notified of applications to the Board.
She also stated
that Mr. Roulier had only applied for outside activities and therefore a
wedding, which is not entirely an outside activity, should not be held on the
property.
Blaine Buck,
Juniper Hill Drive, began to make a comment about the A-2 survey on the Roulier
Mountain Road property but was told by Mr. Klein that his comments were not
appropriate at this time because they concerned an item on the agenda.
Patrice
Carson presented a bill from the Journal Inquirer for $110.18 for the public
hearing on April 19, 2004, and a bill for $47.22 for the meeting on April 19,
2004.
A
motion was made by Lise Wood, seconded by Marie Burnette, and unanimously
approved to pay the bills.
IX. ADJOURNMENT
A motion was
made by Lise Wood, seconded by Marie Burnette, and unanimously approved to
adjourn the Zoning Commission meeting of June 7, 2004 at 10:38p.m.
Respectfully
submitted,
A.P.
Calder, Secretary Robin
Timmons, Recording Secretary
Town of Somers Zoning Enforcement Officer
For the Zoning Commission Meeting of June 7, 2004
Covering the Weeks
of 5/16/04 thru 5/30/04
Activities listed by Address
Zoning Permits issued ------23 Certificates of Occupancy issued----10
Enforcement activity:
1. 54 Quality St. A. Harrison. Section 214-60 (Unregistered Vehicles). Violation Eliminated
2. 17 Sunset Dr. R. Gagnon. Section 214-98 (Driveway Set-back) Matter Resolved.
3. 163 Battle St. K, Lloyd and Andrew M. Lavoie. Placement of non-permitted trailer in violation of section 214-92.C. Trailer removed from the property.
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. Four vehicles have been removed. Will continue with clean-up.
5. 169 Main Street. Xtra Mart. Section 214-101. (Failure to comply with Site Plan by removing required fence. Issued C ease & Desist Order.
6. 106 Dillenback Rd. C. Lallier. Section214-98 (Keeping of Horses) Requested Compliance.
7. 124 Main St. Mickey Finn’s Restaurant. Excessive noise outside of building. Requested Compliance.
8. 919 Main St. J. Eastwood. Section 214-98 (Storage of Junk). Requested Compliance). Violation Eliminated.
NOTE:: Attached to the chairman’s copy of this report are copies of the 23 signed zoning permits and 10 C.O.’s
Respectfully submitted:
Jim Taylor, ZEO