ZONING
COMMISSION
P.O. BOX 308
Regular Meeting
Monday, July 26, 2004
7:30 p.m. Town Hall
I. CALL TO ORDER:
Chairman
Robert Martin called the regular meeting to order at 7:30 p.m. Members Marie Burnette, Anita P. Calder,
Robert Martin, and Lise Wood and Alternates John Normand (seated for Peter
Klein), Peter Chipouras and Jill Conklin were present and constituted a
quorum. Also in attendance were Town
Planner, Patrice Carson, and Zoning Enforcement Officer, James Taylor.
II. MINUTES APPROVAL:
June 7, 2004 & June 28, 2004
A motion was
made by Marie Burnette, seconded by Lise Wood and unanimously voted to approve
the June 7, 2004 minutes as written.
The
following changes were made to the June 28, 2004 minutes:
Page 1,
Paragraph 3, second line: change
"confirm" to "conform".
Page 4,
Paragraph 8, first line: change
"he" to "she".
Page 6,
Paragraph 5: add “with a $34,290.00
bond.”.
Page 9, last
paragraph, first 2 words: change
"Lise Wood" to "Marie Burnette".
A motion was
made by Marie Burnette, seconded by A.P. Calder and unanimously voted to
approve the June 28, 2004 minutes, as amended.
A motion was
made by Marie Burnette, seconded by Lise Wood, and unanimously approved to take
the agenda out of order and address New Business first.
IV. NEW BUSINESS:
a. Site Plan Application for Computer
Repair Business, 48 South Road (Unit 16) Diakostavrianos
The
applicant stated that his application entailed changing the use for the
premises from office to retail sales and service. He would like to open a computer repair business on the site and
submitted a statement of purpose along with a letter of approval from the
current owner of the premises.
Everything in the unit is expected to stay as it is structurally.
Rob Martin
said that the Planning Commission expects to meet on August 5, 2004 and will
discuss this issue. In the interest of
time, he asked if it would be possible to get a quorum of this Commission to
hold a special meeting on August 9, 2004 regarding this application.
A motion was
made by Marie Burnette, seconded by Anita P. Calder and unanimously voted to
accept the site plan application for a computer repair business at 48 South
Road (Unit 16), Diakostavrianos, refer it to the Planning Commission, and hold
a special meeting of this Commission on August 9, 2004 to consider the
application for approval.
b. Site Plan Application for Office Space
(Change of Use from Restaurant/Retail), 8 South Road, Dan Roulier &
Associates
Chris
Howland, Howland & Sargent Insurance, is considering a move to the building
formerly used by Rose's Country Kitchen and an auto parts store. They hope to rent the entire building.
A.P. Calder
asked if there would be any major changes to the site. Mr. Howland said that some walls would be
added to make offices. She also asked
about signage. Jim Taylor replied that
he is doing research on that currently.
Patrice
Carson said that there was still an area that required landscaping for which
the Town was still holding a bond.
Mr. Howland
stated that a handicap ramp will be installed as indicated on the plans.
Rob Martin
asked about the parking spaces. Mr.
Howland replied that there are currently 29, including some in back and some
along the front of the building. Normally,
there are 8 employees parking at one time.
He said that he had spoken with Mr. Roulier, who assured him that there
would be adequate parking.
A.P. Calder
asked about refuse collection for the applicant. She added that refuse trucks have had difficulties accessing the
dumpsters currently used by Dunkin Donuts.
Mr. Howland replied that most likely they would be using the same
dumpsters. Jim Taylor replied that the
situation has been addressed for Dunkin Donuts and would probably be all set
for the applicant.
Lise Wood
asked about the entrances to the building.
How many would there be and where would they be located? Mr. Howland replied that an access would be
provided at the far end of the building, in addition to the main front
entrance.
A.P. Calder
asked if there were alternative options to that of the iron railing currently
proposed for the handicap access. Mr.
Howland stated that this was something he could ask Mr. Roulier to look into.
A motion was
made by Lise Wood, seconded by Anita P. Calder and unanimously voted to accept
the site plan application for office space (change of use from
restaurant/retail), 8 South Road, Dan Roulier & Associates, refer it to the
Planning Commission, and add this as an agenda item for the Special Meeting of
this Commission on August 9, 2004.
III. OLD BUSINESS:
a. Discussion/Possible Decision:
Proposed Amendments to Zoning Regulations, Section 214-98.B.22. Motor Vehicle
Sales, Service, Gasoline Sales
Mr. Martin
stated that he was concerned about gas sales in industrial zones. He suggested that gasoline sales be left
out, based on the comments from those who spoke at the public hearing. Peter Chipouras agreed.
A.P. Calder
asked if there were any more stipulations which needed to be added and Mr.
Taylor replied that no, such issues would be handled on a case-by-case basis.
A motion was
made by John Normand, seconded by Lise Wood and unanimously voted to amend the
Zoning Regulation, Section 214-98.B.22. Motor Vehicle Sales, Service, Gasoline
Sales, to allow sales and service of motor vehicles in industrial zones by site
plan application approval, which amendment would be effective the day after it
was published in the newspaper.
b. Discussion/Possible Decision: Proposed Amendments to Zoning Regulations,
Section 214-60. Unregistered Motor Vehicles
Jim Taylor
reviewed the current regulation with the Commission, stating that residents are
allowed to have two unregistered motor vehicles on their property, with the
exception of farm property. The
amendment would provide for only one unregistered vehicle which must be
screened and stored in the rear of the premises.
Peter
Chipouras asked what exactly constituted a "motor vehicle", by
definition. Does this include boats,
snowmobiles, campers? Mr. Taylor said
that those were considered to be recreational vehicles rather than motor
vehicles.
Rob Martin
asked if many complaints had been received on this issue. Mr. Taylor replied that they had. He added that some other towns, including
Suffield, have this regulation and that it is not uncommon.
Mrs. Wood
stated that this would be difficult for those who do not have a garage or any
other way to screen a motor vehicle on their property.
Jill Conklin
asked about how this would affect those people who restore cars. Is there a time limit involved? Jim Taylor replied that this law would
certainly impact them.
A.P. Calder
said that this amendment would provide a courtesy to neighbors and would help
maintain the image of the town, as well as property values.
Rob Martin
stated that there have been problems in the past and situations where Jim
Taylor's hands had been tied. This
would remedy that situation somewhat.
A motion was
made by Marie Burnette and seconded by A.P. Calder to amend Zoning Regulations,
Section 214-60. Unregistered Motor Vehicles as proposed, which amendment would
be effective the day after it was published in the newspaper. The vote was 3 in favor, 2 opposed (Normand;
Wood) and 0 abstentions. The motion did
not pass because the Planning Commission had recommended denial.
c. Discussion: Bylaw Change
Patrice
Carson asked for clarification on the Commission's intent regarding the
proposed change. Rob Martin replied
that it was to remove the first and not the second Audience Comment section of
the Order of Business.
Lise Wood
stated that the town attorney had recommended removing the Audience Comment
section entirely.
Jim Taylor
stated that he understood Mrs. Calder's previous statement regarding her
hesitancy to remove people's right to a voice.
However, at the same time the truth is that the public doesn't have the
right to speak out at the meetings at will.
They have access to the staff, however, and can express views, or bring
up issues to them directly. The staff
then can present these items to the Commission in an orderly fashion for
discussion or as an agenda item.
Lise Wood
said that people may comment in writing and A.P. Calder suggested that it might
be helpful to educate the public as to how they can contact the staff.
Rob Martin
proposed that it could be included on the agenda, with wording such as
"Any citizens that have concerns regarding items on the agenda or an issue
that they would like to have discussed at a future Zoning Meeting may contact
the Town Planner or Zoning Enforcement Officer during regular business hours or
communicate in writing with staff."
Lise Wood
asked if this should be included as a bylaw change by removing the current
language and inserting the proposed change.
A motion was
made by Lise Wood, seconded by Marie Burnette, and unanimously voted to amend
the bylaws by changing the Order of Business on the Agenda removing Item 4
Audience Comments (agenda items only) and Item 7 Audience Comments, and to add
an asterick comment at the bottom regarding alternative ways to be on the
agenda.
d. Other
Patrice
Carson asked that an agenda item be added to the meeting regarding a potential
site plan application for a change of use from a restaurant to a doctor's
office at 146 Main Street.
A motion was
made by Lise Wood, seconded by Marie Burnette and unanimously voted to add an
informal discussion of the potential site plan application for a change of
use from a restaurant to a doctor's office at 146 Main Street.
Patrice
Carson stated that a staff meeting had been held with Dr. Quraishi, who wants
to leave the second floor of the building as it is, but change the first floor
into a doctor's office. She showed his
proposed plans, as well as photos, adding that the Dr. Quraishi is aware that
there are not enough parking spaces available and he would need to have the
coverage requirement met. The staff
suggested the possibility of arranging for the use of spaces at All Saints
Church and somehow creating a walkway to his office. The Commission agreed.
Jim Taylor
said that the reason they had brought this to the Commission was to see if
there were any ideas available to help the prospective applicant. He added that it comes down to being a
matter of how the Commission approaches the situation. It would be better to help the applicant
conform to the regulations at this time if possible rather than having to deal
with a potential enforcement issue in the future.
A.P. Calder
asked if there was some way to be sure that the blue siding was removed and
replaced on the building. Patrice
Carson replied that although the Commission cannot tell the applicant what
color to make the building, they can discuss it with the architect/applicant at
a future meeting.
Rob Martin
asked about the current access to the apartment on the side of the
building. Jim Taylor said that it would
be moved away from the parking on the side and repositioned at the rear of the
building.
V. STAFF/COMMISSIONER REPORTS:
Zoning
Enforcement Officer Jim Taylor reviewed his report with the Commission (attached). A copy of the report is attached to these
minutes.
Patrice
Carson stated that an application had been received for a bakery in South Field
Corners, but the applicant had perhaps reconsidered.
Marie
Burnette asked if when an applicant comes before staff are they given the
impression that approval is a sure thing.
Patrice Carson replied that this was not the case. She added that she has been inviting the
Economic Development Chairman to attend the staff meetings with applicants to
keep them informed.
VI. AUDIENCE COMMENTS:
Ken Prior,
364 Mountain Road,
stated that felt a change was in order regarding the June 28, 2004 Zoning
Minutes on Page 11, where it states "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." He said that Mr. Landolina did not make such
a statement.
Patrice
Carson said that because of the current legal action, the tapes from that
meeting would be transcribed and if there was a discrepancy, it would be noted.
VII. CORRESPONDENCE AND BILLS:
Patrice
Carson stated that notice of suit had been received on the three decisions
regarding Worthington Pond Farms.
VIII. ADJOURNMENT:
A motion was
made by Lise Wood, seconded by Marie Burnette, and unanimously voted to adjourn
the July 26, 2004 Zoning Commission meeting at 8:43 p.m.
Respectfully
submitted,
A. P.
Calder, Secretary
Robin
Timmons, Recording Secretary
Town of Somers Zoning Enforcement Officer
For the Zoning Commission Meeting of July 26, 2004
Covering the Weeks
of 6/27/04 thru 7/18/04
Activities listed by Address
Zoning Permits issued ------21 Certificates of Occupancy issued----7
Enforcement activity:
1. 180 Battle St. K, Lloyd. Placement of non-permitted trailer in violation of section 214-92.C. Requested Compliance
Further enforcement pending.
2, 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. Additional progress has been made toward compliance..
3. 169 Main Street. Xtra Mart. Section 214-101. (Failure to comply with Site Plan by removing required fence. Issued C ease & Desist Order. Violation Eliminated.
4. 106 Dillenback Rd. C. Lallier. Section214-98 (Keeping of Horses) Requested Compliance. Violation Eliminated.
5. 124 Main St. Mickey Finn’s Restaurant. Excessive noise outside of building. Violation Eliminated.
6. Battle Street. Lloyd Gravel Pit. Sent letter requesting restoration of this site be completed on or before July 31, 2004.
Restoration close to completion.
7, 359 Mountain Road. Worthington Pond, LLC. Section 214-87.D. (Sales & consumption of alcoholic beverages .Issued Cease and Desist Order.
8. 60A & 60B Sunshine Farms Drive, David Birkenshaw. Section 214-104 (Failure to obtain Certificate of Occupancy). Issued Cease & Desist Order.
NOTE:: Attached to the chairman’s copy of this report are copies of the 21 signed zoning permits and 7 C.O.’s
Respectfully submitted:
Jim Taylor, ZEO