TOWN OF SOMERS

ZONING COMMISSION

P.O. BOX 308

SOMERS, CONNECTICUT 06071

ZONING MINUTES

SPECIAL MEETING

Monday, June 28, 2004

7:00 p.m.

Town Hall Auditorium

I. PUBLIC HEARINGS:

Chairman Peter Klein called the public hearing to order at 7:00. Anita Calder read the legal notice.

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

John Cohen, from Herb Holden Trucking, representing Peter Charter, stating that work is being done on the area making the banks less steep, a problem the Town had asked to have addressed.

Patrice Carson said that she had a letter dated June 11, 2004, from Merv Strauss, who had visited the pit and found that the slopes generally confirm to regulations. The letter requested that the pit operator continue sloping as his work continues. A $34,200.00 bond is acceptable and he recommends approval. In addition, Jim Taylor has found no problems on the site and the Planning Commission has reviewed the application and recommended approval.

John Sessa of Field Road, asked if the applicant was going to be going down Route 83 or Field Road. Mr. Charter stated he would use Route 83.

There being no further comments from the audience, a motion was made by Lise Wood, seconded by Anita Calder, and unanimously approved by the Commission to close 'Part a.' of the public hearing.

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

John Cohen stated that the regrading had been done and the vertical high slopes had been attended to. Both Mr. Strauss and Mr. Taylor had seen them.

Patrice Carson said that she had a letter dated June 11, 2004, from Merv Strauss in which he said that he found the applicant had corrected the steepness of the swale. A bond of $39,000.00 is acceptable, and he recommends approval. Jim Taylor said that the gravel banks will continue to be checked regularly.

Elwood Clifford, 21 Bobolink Lane, said that he recently drove through and found the bank to be very clean very well laid out, and he recommends it highly.

There being no further comments from the audience, a motion was made by Lise Wood, seconded by Anita Calder, and unanimously approved by the Commission to close 'Part b.' of the public hearing.

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

Patrice Carson stated that Mr. Bordeaux had telephoned saying that he would be unable to attend the hearing. Mr. Strauss had been at the site. She showed a map of the area, indicating which phases were completed.

Jim Taylor said that he also had been at the site and there were low, open faces. There are approximately 3 years remaining.

Patrice Carson said that Mr. Strauss had submitted a letter dated June 2, 2004, reporting that he approved the bank and a bond of $23,902.00 and recommending approval.

There being no comments from the audience, a motion was made by Lise Wood, seconded by Anita Calder, and unanimously approved by the Commission to close 'Part c.' of the public hearing.

Lise Wood temporarily recused herself from the meeting, with Jill Conklin being seated for her.

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

Jim Taylor stated that he had made an inspection of the area and that it was kept in excellent condition. The pit floor was well maintained and terraced. Merv Strauss had remarked that it looked great.

Rob Martin questioned what "poor stands of grass" meant on Mr. Strauss's May 26th report. Mr. Taylor explained that it meant the grass was sparse in certain areas, but added there should be no erosion as a result, and the grass should fill in naturally as time goes on. Merv Strauss also stated in his report that the excavation looks in good condition and the bond of $34,290.00 is acceptable.

There being no comments from the audience, a motion was made by Marie Burnette, seconded by Anita Calder, and unanimously approved by the Commission to close 'Part d.' of the public hearing.

Lise Wood returned to her seat at the Commission table.

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

Patrice Carson explained that the Zoning Commission had proposed this because over the years several businesses that repair cars and are located in the industrial zone had expressed interest in expanding into the sale of motor vehicles. The Commission would like to allow motor vehicle sales and service in the industrial zone by special permit.

She added that at the April 24, 2004 meeting of the Planning Commission, when this amendment was discussed, concerns over the aquifer protection area arose. Because of this, it is recommended that a decision on this be postponed until a plan is in place to secure the safety of the aquifer protection area.

Chairman Peter Klein asked that comments in favor of the amendment be given first.

Elwood Clifford, 21 Bobolink Lane, stated that he endorsed the amendment because it would enable industrial land to be used for bringing new businesses into Somers. Most industries require sewers, and we don't have them. This is one of the few types of businesses that don't require sewers and just the sort of thing we need to welcome. There currently are a lot of industrial businesses in that area now anyway.

He added that the budget has been increasing by a million dollars per year over the past several years and residents can't continue to afford such a trend. "People can't retire on the huge budget increases." We need to get businesses into Town and this amendment would help that.

Art Gardner, 123 Pinney Road, said that he was in favor of the change. With regard to the "Upper Scully aquifer" - the Town has a gas tank there already.

Eric Laakso, 4 Somerset Lane, said that this would enable Zoning to be more flexible and get some tax revenue into the Town.

Gordon Mello, 471 Four Bridges Road, stated that for the record he wanted it known that he "has nothing to do with this ordinance". He said that there is a statement being circulated that he does have. He added that this issue isn't "site specific."

Steve Barnes, 344 Billings Road, stated that Mr. Mello and he are not doing business. He added that it is not fair to assume who wants to set up shop. Selling parts would not hurt the environment at all. The Town needs business. He is in favor of the change as long as regulations are enforced and adhered to.

Mr. Klein now asked for comments opposed to the change.

Irene Percoski, Field Road, said that Field Road is only part industrial and doesn't need more businesses. Allowing them would be unfair to homeowners on Field Road.

Angela Koehler, 43 Sunshine Farms Drive, said there are enough gasoline sales in the area and we don't need more. Can we take them out of the current amendment? There are no fire hydrants in the area.

Jane Legg, Lindell Drive, stated that there are already too many cars parked on and next to the road and too many car sales in the area already. Too much pollution is created by such activity, she added. Either get rid of the park in the area or get rid of the industrial activity, because the area is not safe for kids.

Gail Panciera, Franklin Woods Drive, spoke regarding a telephone survey done around Town and shared a handout discussing the results with the Commission. Respondents to the survey stated that the industrial area on Field Road is an eyesore and that in general people didn't like used car lots. Those surveyed felt there was a good mix of business in Town, but 90% wanted no more automotive sales and repair places.

Diane Flagg, Lindell Drive, said that while taxes continue going up, this amendment could lower the value of her property. More traffic would be added to the area and she is worried about water and soil contamination. She is very opposed.

Joan Belliveau, 76 Maple Street, added that the Field Road area is not the only area of concern. Her home near the corner of Scitico is already struggling with constantly broken asphalt, tractor trailers getting hung up on the curb on her property. She recommended the Town stop allowing so many homes to be built because this only adds to the need for increases in the school budget.

John Grabowski, 16 Lindell Drive, asked "How did this begin - who proposed it?" Mr. Klein responded that applicants for future businesses had requested the Land Use Office pursue this regulation change. Mr. Grabowski added that he objects to more gas stations. They will lower property values.

Tom Grubbs, 328 Billings Road, stated that he is opposed to the change because it is not good for property values and traffic. He said the industrial area is fine as it is. He asked that we remember the area is not an island -- people will need to get there by going through a residential area, which means more traffic for the homeowners to have to endure.

Terry O'Connor, 248 Field Road, said that he is opposed to having more gas stations because there are private wells in the area.

There being no further comments from the audience, a motion was made by Lise Wood, seconded by Marie Burnette, and unanimously approved by the Commission to close 'Part e' of the public hearing.

f. Proposed Amendments to Zoning Regulations, Section 214.60. Unregistered Motor Vehicles

Jim Taylor explained that there are a lot of complaints received by the Zoning Enforcement Officer regarding unregistered motor vehicles on residential properties. Many towns only allow unregistered vehicles to be retained in enclosed buildings. The proposed change is that a homeowner can keep one unregistered vehicle on their property, as long as it is kept out of view from the general public. All other unregistered vehicles on the property must be kept in an enclosed building. At present, Somers residents are allowed to have 2 unregistered vehicles on their property.

Gordon Mello, 471 Four Bridges Road, spoke opposing the change as it would impact people who restore antique cars. There are many residents who enjoy this activity, some father-son teams as well, and this would become an undue burden on them.

Gail Panciera, Franklin Woods Drive, spoke in favor of the change, adding that a time limit might be considered as part of the amendment.

Steve Barnes, 344 Billings Road, asked if this would apply to residential property only and was told "yes" by Mr. Taylor.

Pat Jones, 596 Main Street, asked if this change would effect farmers and was told "no" by Mr. Taylor. She stated that she felt a change might be too restrictive on collectors.

There being no further comments from the audience, a motion was made by Lise Wood, seconded by Marie Burnette, and unanimously approved by the Commission to close the public hearing.

II. CALL TO ORDER:

Chairman Peter Klein called the regular meeting to order at 8:00 p.m. Members present were: Marie Burnette, Anita Calder, Peter Klein, Robert Martin and Lise Wood. Alternates present were: Peter Chipouras, Jill Conklin, and Jon Normand, (who had joined the table at 7:25). Also in attendance were: Town Planner, Patrice Carson, Zoning Enforcement Officer, James Taylor, and Town Attorney, Carl Landolina.

Chairman Peter Klein and Commission members welcomed new alternate, Peter Chipouras.

III. OLD BUSINESS:

a. Discussion/Possible Decision: Special Use Permit Application for Gravel Bank, Egypt Road, Charter

A motion was made by Robert Martin, seconded by Anita Calder, and unanimously approved that the Commission approve the special use permit application for gravel bank on Egypt Road by Mr. Charter with a $34,200.00 bond.

b. Discussion/Possible Decision: Special Use Permit Application for Gravel Bank, South Road, Pleasant View Farms Realty

A motion was made by Robert Martin, seconded by Lise Wood, and unanimously approved that the Commission approve the special use permit application for gravel bank on South Road by Pleasant View Farms Realty with a $39,000.00 bond.

c. Discussion/Possible Decision: Special Use Permit Application for Gravel Bank, South Road, Bordeaux

Lise Wood temporarily recused herself from the meeting, with Jill Conklin being seated for her.

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

A motion was made by Robert Martin, seconded by Anita Calder, and unanimously approved that the Commission approve the special use permit application for gravel bank on Stafford/Root/Wood Roads by Wood Gravel Operation LLC.

Lise Wood returned to her seat at the Commission table.

e. Discussion/Possible Decision: Proposed Amendment to Zoning Regulations, Section 214-98.B.22 Motor Vehicle Sales, Service, Gasoline Sales

Lise Wood said that she would like to review the minutes of this meeting prior to making a decision on this issue. A brief discussion followed, and it was the consensus of the Commission to delay a decision on the amendment until the July 12, 2004 meeting.

f. Discussion/Possible Decision: Proposed Amendment to Zoning Regulations, Section 214.60 Unregistered Motor Vehicles

It was the consensus of the Commission to delay a decision on the amendment until the July 12, 2004 meeting.

At this time, the Commission took a short break, with the meeting reconvening at 8:17 p.m.

Peter Klein suggested that the Commission discuss all three of the following items prior to making a decision on them.

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

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

i. Discussion/Decision: Site Plan Application for Tent, 359 Mountain Road, Roulier

Attorney Joseph Capossela, representing Dan Roulier, asked that the Commission keep in mind what they are expected to decide upon this evening. He said that the Commission was not meeting to discuss uses of the property, but rather to discuss and decide upon the site plan applications.

He reminded the Commission that at the previous meeting it was determined that the applicant was missing certain items from the site plan. These items have been addressed by the applicant and a survey showing the boundaries of the site was shown to the Commission members. He also said that he had been told that Patrice had received an email from Merv Strauss regarding his approval of the site.

Patrice Carson presented copies of the email to Commission members which stated that Mr. Strauss had come to the conclusion, based on information presented to him by Mike Mocko and Joseph Ward, PE, that the two ponds on the site "are adequate to cleanse and suppress the 100 year storm flow into Worthington Pond Farm." Mr. Strauss also added that the plan had been reviewed and approved by David Askew, Erosion and Sedimentation Control Officer.

Attorney Capossela added that a certification of the plan has been done, though no seal was actually on this plan. He stated that the Commission now had a complete, certified site plan, had approval of the staff, and in his opinion, it is reasonably likely that no pollution will result from the proposed structures being erected on the site. He reiterated that questions regarding the use of the property are "not on the table", and the Commission should be focused on the site plan approval only. He then asked who the sitting members of the Commission were and Mr. Klein responded in kind.

Patrice Carson presented the engineers' certification with seal for the drainage study. Robert Martin asked if Merv Strauss, David Askew, Steve Jacobs and Jim Taylor all had reviewed the study and the plans. Mrs. Carson replied in the affirmative.

Peter Klein reviewed the purpose of the storage building and Mrs. Carson brought forward a plan showing the building. It would be a 2-story, 16 x 24 foot building, having a dirt floor and no stairs. When asked by Mr. Klein how items will be put onto the second floor with no stairs, Mr. Roulier said that a fork lift would be used. Mr. Klein asked about lighting and was told by Mr. Roulier that they would include exterior lighting, perhaps spotlights, but he was not sure of a formal plan at this time.

Mr. Klein said that the covered walkway connecting the tent to the storage facility would need to be another item as it seemed to be a separate structure. The plan indicated that the covered walkway also gave access to the toileting facilities. Mr. Klein said that the storage building is what is currently being looked at and to focus on that before considering the approval of the walkway.

Lise Wood asked how the Commission could decide to approve the building when it did not have a formal presentation regarding lighting. Mr. Capossela stated that the applicant could address lighting separately and come back to the Commission with his formal plan for approval before installing lighting. For now, the Commission could consider the storage building without exterior lighting.

Lise Wood added that she had never seen the covered walkway in such detail before and that it was certainly more than she had expected.

Attorney Harold Cummings, representing Intervenors, Ken and Michele Prior and Marion Richard, queried as to whether or not he would be able to speak prior to the Commission's decision on the applications. He wanted to address all three applications together. He added that the project had been presented "piece meal" to the Commission and this compounded the problem because Commission members were never sure of what they were deciding on.

He also stated that his clients were in opposition to the proceeding based on a lack of adequate notice. He commented that at the previous meeting he had requested copies of all documents and changes in status pertaining to the applications out of respect for his client's Intervenor status. He had received a "courtesy call" from Patrice Carson stating the change in date for this meeting. His clients' engineer is unable to attend this meeting because of a scheduling conflict. He added that he was not privy to the plans the Town received because he had just received another call from Mrs. Carson with regard to receipt of the plans earlier today. This, he felt, was not adequate time to get the plans and to review them prior to the meeting. His client, Mrs. Richard, had come to the Town Hall previously and was able to obtain some copies of documents, after paying $20.00. Other Towns, he added, get information to Intervenors in a timely fashion.

The plan we now have before us should be looked at by his clients' engineer, not their attorney, but their engineer is not available for this meeting.

Attorney Cummings presented a report from Engineer Richard Meehan, Meehan & Goodin, PC, to Patrice Carson and made specific references to the negative impact on the wetlands which was described in the report. He also requested that the Commission be sure that the plan have an engineer's seal.

Ken Prior, Mountain Road, submitted photographs and a letter dated June 28, 2004, for the record. The photos showed runoff from the parking lot on Mr. Roulier's property which moved across the street to his property, "covering his residence in dirt" and then moving into Gillette Brook.

Attorney Cummings stated that Mr. Roulier has included no onsite wells, septic system or drinking water, which is in violation of the State Health Code. He has spoken with Steve Jacobs concerning this and a letter will be coming from the State Health Department. No action should be taken in favor of the application until receipt of the letter.

The area will be in a wetland area, and plans should be submitted to the Wetland Commission. Runoff from the gravel driveway will go into the pond. He also drew attention to Mr. Meehan's letter stating that the plans should be "clear, concise and comprehensive", particularly with regard to parking lot design and the resulting runoff.

Lise Wood queried that hadn't Merve requested and reviewed a storm drainage plan? David Askew had said that no further wetland application is required. In addition, she noticed that the application showed a propane tank buried on the site and asked if Mr. Roulier had a zoning permit for it.

Jim Taylor said that these issues brought forth by Mr. Cummings are all enforcement issues that David Askew needs to work with Mr. Roulier on. The storage building application won't have an effect on these issues. He added that he didn't believe that Mr. Roulier had been issued a zoning permit for the propane tank to be buried on the premises.

Town Attorney Carl Landolina said that the Commission may modify parts of the application when approving it - not every aspect needed to be approved. He also cautioned the Commission not to approve a site plan which included items requiring a permit and for which no permit had been applied or issued.

Attorney Capossela suggested that if the Commission approved the applications based upon this site plan they could require that anything on the plan requiring a permit be presented by the applicant to the Zoning Commission for approval and a permit. He added that a building permit was attained on the propane tank, which generally is received after the zoning permit is obtained.

Attorney Carl Landolina stated that with regard to the covered walkway, it only has relevance if the tent is approved. Additionally he remarked that with regard to the storage building, there are no environmental issues, as confirmed by Town staff.

Peter Klein then directed that discussion be moved to the next item, the covered dock. He reviewed with the Commission members the Statement of Purpose for this item, which included canoeing, fishing and picnics, and then asked if these purposes interfered with one another; specifically, fishing and picnics. Mr. Roulier explained that only a few picnic tables would be on the dock.

Lise Wood asked how people would be able to fish through the side arches of the dock. Attorney Capossela said that he didn't see the relevance of discussion as to what will be done on the covered dock. Mr. Roulier's plans are a work in progress and his vision of it is tweaked from time to time. Most of what Attorney Cummings had presented was "smoke" and didn't deal with the application at hand.

Mr. Klein stated that the dock would be, according to the plans, 16 x 24 feet and according to Mr. Roulier his plans were "somewhat of a work in progress". This is of concern for Mr. Klein because since the dock is covered a year from now Mr. Roulier's plan for the dock could be entirely different.

Jim Taylor stated that there is cause for concern as the use appears to be getting intensified as time goes on and is currently beyond the scope of what the original intent was.

Mr. Capossela said that use should not be considered as a basis for denying or approving the application.

Lise Wood stated that Mr. Roullier has a history of building things before he gets permits and Mr. Klein added that we do need to consider use as well. Jim Taylor added that we also need to consider and weigh what the impact is upon the neighborhood.

Attorney Capossela stated that as long as Mr. Roulier remains within the scope of the plans as approved, he is within regulation.

Anita Calder said that when the applicant originally presented his vision of the project to the Commission, he implied passive use of the property. It has been tweaked to the point where it is now advertised on the internet. She doesn't think this is fair to the neighbors to have the Commission accept the application for passive use, only then to have it turned into a more active area.

Mr. Capossela stated that defining outdoor use is difficult and that the Special Use Permit has already been granted.

Mr. Cummings added that if there are concrete piers for the dock, Mr. Roulier will need wetland approval for them.

Discussion then moved to 'Item i.' , the tent application. Mr. Klein read the Statement of Purpose for the tent. He also added that he had reviewed the minutes from a public hearing held in 2000 and shared portions of it with the Commission, including Mr. Roulier's statement that no more than 100 people would use the site at a time. He also referred to concerns made at that hearing over a banquet hall type facility being put on the premises and the fact that it would be a direct violation of regulations. Some had expressed concerns that parties should not be allowed at all. Mr. Ballard had stated that they were not anticipating having rock bands on the site.

Peter Klein, who was on the Commission at the time of the 2000 public hearing, stated that at that time it was felt that since there was no electricity on the site, there would be no evening events. Now, Mr. Klein added, there is electricity.

Mr. Klein read a comment from the hearing that if for some reason accessory use outgrew the main use, it would not be acceptable. He added that banquet halls are absolutely not permitted in a residential area and that a wedding every weekend was not an accessory use. No indoor recreation was to be permitted in any way.

Marie Burnette added that her recollection from that public hearing was that there was expected to be very limited parking and that Mr. Roulier didn't expect more than 30 or 40 people to use the facility at a time.

Attorney Capossela presented the original Special Use Permit which was uananimously approved by the Commission for the members to review.

Attorney Cummings presented a copy of the original landscape plan submitted with the original application and asked the Commission to note the change in intensity of use with the plan as presented now.

Peter Klein added that originally there was a very low impact on the environment.

When asked if he had received any complaints regarding the property, Jim Taylor stated that he had, mostly with regard to intensity of use. He added that he needed to know what the Commission approves on the site before he can take enforcement action in dealing with complaints.

Attorney Capossela stated that his client had notified him that he had never stated there would be no electricity in the originally proposed chapel. Also he was wondering where the line was as far as accessory use is concerned.

Rob Martin said that as he reviewed the Special Use Permit, he noticed that permission was granted for Mr. Roulier to hold weddings on the site and the term "wedding" is very general. No specifics were given as to type, size, -- left open to interpretation. He also asked if a tent couldn't be used as a banquet hall. Mr. Taylor replied that it easily could be considered a banquet hall.

Attorney Landolina suggested that the Commission consider a separate motion on each item as to whether or not the Intervenors had established specific harm, or reasonable likelihood of harm, for that specific item, and if they do, then the Commission should not approve the application for that item. He also suggested starting with the tent.

Peter Klein reviewed with the Commission Members the Intervenor's Petition, Paragraphs 8, 9 and 10, and discussion followed as to whether or not the Intervenors had in fact established specific harm.

Attorney Landolina offered that he did not hear any evidence that lead him to believe there is a reasonable likelihood of an adverse impact on the environment.

Rob Martin made a motion that the Commission find that there was no basis for the Intervenor's finding based on environmental issues with regard to the tent application. No second on the motion was given, so the motion was lost.

Chairman Peter Klein asked for another motion so that the decision process could move forward.

Marie Burnette offered to present a motion and Attorney Landolina reminded members that they needed to determine whether or not the Intervenor had presented enough information to establish that there is a reasonable likelihood of harm to the environment.

Marie Burnette then asked that the Commission return to Rob Martin's motion. A motion was made by Mr. Martin and seconded by Lise Wood that the Commission find that the Intervenor's had not provided enough evidence concerning environmental issues in order to deny the application for the tent. The result of the vote was 3 in favor; 2 abstentions.

A motion was made by Marie Burnette and seconded by Lise Wood that the application for the tent be denied based on the fact that there is an accelerated use of the site and the tent is an enclosed facility and is not for outdoor recreational use. The resulting vote was 4 in favor; one opposed (Martin).

A motion was made by Rob Martin, seconded by Marie Burnette, and unanimously approved by the Commission that the Intervenor's findings be denied that there will be unreasonable pollution with regard to the covered dock.

A motion was made by Rob Martin, seconded by Lise Wood, that the application for the covered dock be approved.

Marie Burnette asked if we could approve the dock without a cover. She then made a motion, which was seconded by Lise Wood, to amend Mr. Martin's motion so that the dock would be approved without a cover. The resulting vote was: 3 in favor; 1 opposed (Martin); 1 abstained (Calder).

A vote was then held on the amended motion to approve the dock without a cover. The resulting vote was: 3 in favor, 2 opposed (Martin; Calder).

A motion was made by Rob Martin, seconded by Marie Burnette, and unanimously approved that the Commission deny the Intevenor's findings that there will be undue environmental impact from the storage building.

A motion was made by Marie Burnette and seconded by Lise Wood to approve the storage building without the covered walkway.

Discussion followed about the exterior lighting and Marie Burnette then amended her motion, which was seconded by Lise Wood and unanimously approved by the Commission, to approve the storage building without the covered walkway and without any exterior lighting.

IV. NEW BUSINESS:

a. Discussion: Bylaw Change

Jim Taylor said that this was something that was implemented at the June 7, 2004 meeting on the advice of Attorney Landolina with regard to the audience comments section of a regular meeting regarding agenda items and whether to remove this section from the beginning portion of the meeting.

Attorney Landolina stated that this portion of the meeting was intended for citizens to speak about things which the Commission can take under advisement. However, it is not permitted that this turn into a public hearing, which has not been advertised as such to the public.

If there is a matter before the Commission, comments from the public when there is not a public hearing taking place can not be used for the record in a court proceeding.

Lise Wood asked why all of the meetings couldn't be taped. Patrice Carson said that the tapes are very expensive and the Town couldn't afford to do this.

Anita Calder said that she was not comfortable with shutting off public comments and input as she remembers very well being on that side of a room during meetings.

V. STAFF/COMMISSIONER REPORTS:

Zoning Enforcement Officer Jim Taylor reviewed his report with the Commission. A copy of his complete report is attached to the minutes.

Mr. Taylor also said that with regard to service of alcohol he had learned that if someone was renting a facility and serving alcohol on the premises, they were consider to be selling the alcohol, and this was not permitted.

Attorney Landolina stated that he had discussed this issue with Attorney Cummings and Attorney Capossela and determined that the Zoning Officer does have the right to regulate this at a Town level. The same was true with regard to a caterer's permit.

Mr. Taylor then asked if he had authority from the Commission to issue a cease-and-desist order and the members replied that they did give him that authority.

When asked if there was a way to control the sound level on the premises, Mr. Taylor said an expert is needed in order to do this and it is extremely hard to enforce.

VI. CORRESPONDENCE AND BILLS:

Patrice Carson presented a bill from the Journal Inquirer for $39.35 for the meeting of May 3, 2004. A motion was made by Lise Wood, seconded by Marie Burnette and unanimously approved to pay the bill.

Patrice Carson also said that a letter had been received from the DEP about approval of the DOT's plans for utilities and drainage at the intersection of Route 190 and Gulf Road.

VII. ADJOURNMENT:

A motion was made by Rob Martin, seconded by Lise Wood and unanimously approved by the Commission to adjourn the meeting at 11:23 p.m.

Respectfully submitted,

A. P. Calder, Secretary

Robin Timmons, Recording Secretary

MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.

Zoning Commission Minutes

June 28, 2004

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