MINUTES ARE NOT OFFICIAL UNTIL APPROVED AT A
SUBSEQUENT MEETING.
TOWN OF SOMERS
ZONING BOARD OF APPEALS
REGULAR MEETING MINUTES
September 14, 2004
Call To Order: Chairman Torres called the meeting to order at 7:34
P.M.
Members Present: Acting Secretary, Daniel Scully took attendance. Members present: John Torres, Edward Mack,
Sr., James Beaulieu, Daniel Scully, James Meagher, Jr. and Barbara Flebotte.
Alternate, James Meagher,
Jr. is seated.
Public Hearing
1. Jonathan and Patricia Normand
Chairman Torres called the
public hearing to order at 7:35 P.M.
Acting Secretary, Daniel Scully read the legal notice. Jonathan Normand approached the Board. After review and discussion of Mr. Normand’s
plans, the Board advised the applicant to return with more accurate dimensions
to scale for his proposal at the next meeting.
2. David Birkenshaw
Chairman Torres stated Mr.
Birkenshaw has withdrawn his application.
3. Frank and Mary Rinaldi
Acting Secretary, Daniel
Scully read the legal notice. Mr. and
Mrs. Rinaldi approached the Board to review plans for an in-ground pool and
pool shed. After discussion, Mr.
Rinaldi agreed to relocate the shed portion of his request.
4. Worthington Pond Farm, LLC
Acting Secretary, Daniel Scully
read the legal notice. Acting on behalf
of Mr. Roulier, Attorney Joseph Capossela approached the Board to appeal the
cease and desist order issued by the Zoning Enforcement Officer, James Taylor
to halt the use of alcohol at Worthington Pond Farm, LLC. Attorney Capossela submitted a variety of
exhibits which were entered into the record.
After much discussion, Attorney Richard Conti acting on behalf of Zoning
Enforcement Officer, James Taylor approached the Board to present his defense
of Mr. Taylor’s decision. After this
discussion, Chairman Torres offered abutters and interested parties to come
forward. Due to the large attendance of
at least 50 citizens, Chairman Torres asked by a show of hands how many
attendees were for or against the appeal. All but one couple were opposed.
Chairman Torres invited citizens to come forward but asked that they not
be repetitious or too lengthy in their testimony. Citizens Polly McCranie, Ken Pryor, Blain Buck, Marion Richard,
Dave Remnick, Frank Cook, James Wysocki, Elizabeth B. Stevenson, Yvonne Wood
and Tom O’Brien approached the Board individually to oppose the appeal citing
safety, traffic and noise concerns. Mr.
Pryor submitted photos into the record which he stated were taken on
Worthington Pond Farm. Mr. Peter Klein,
Chairman of the Zoning Commission approached the Board and began to discuss the
decision that his Commission made when Attorney Capossela spoke out to cite
conflict of interest statutes and disqualification of Mr. Klein’s position on
the Zoning Commission if he continued.
Mr. Klein stated it was his understanding that he could appear before
the Board but opted to excuse himself.
Zoning Enforcement Officer, James Taylor approached the Board to state
that Mr. Klein had appeared under the advice of the Town Attorney, Carl
Landolina. Citizen, Michelle Young
approached the Board in favor of the appeal with the concern that
MINUTES ARE NOT OFFICIAL UNTIL APPROVED AT A
SUBSEQUENT MEETING.
Town of Somers
Zoning Board of Appeals
Regular Meeting Minutes
Page 2
charitable events by Mr.
Roulier would no longer be affordable if the business portion were not
allowed to include the use of alcohol.
Attorney Caposella approached the Board to re-cap his position.
Motion made by Commissioner
Mack to close the public hearing.
Commissioner Beaulieu asked for more opportunity to discuss. No second was made to the motion, therefore
it was not on the table to be considered.
Commissioner Mack withdrew his motion.
Motion made by Commissioner
Scully to close the public hearing for applicant number three, Frank and Mary
Rinaldi; second by Commissioner Beaulieu.
Motion approved unanimously.
Motion made by Commissioner
Meagher to continue the public hearing for applicant number one, Jonathan and
Patricia Normand and applicant number four, Worthington Pond Farm, LLC; second
by Commissioner Beaulieu. Motion
approved by a vote of four to one.
Commissioner Mack opposed.
The public hearing ended at
9:14 P.M. The regular meeting resumed
at 9:15 P.M.
Minutes Approval -
August 10, 2004
Motion made by Commissioner
Scully to accept the Zoning Board of Appeals minutes for August 10, 2004 as
presented; second by Commissioner Meagher.
Motion approved unanimously.
Public Hearing
Discussion/Decision
1. Jonathan and Patricia Normand
Public hearing to be
continued at the next meeting.
2. David Birkenshaw
Application withdrawn.
3. Frank and Mary Rinaldi
Motion made by Commissioner
Scully to cease discussion and vote; second by Commissioner Mack. Motion approved unanimously to approve a
variance for a 5' rear yard setback to
allow for an in-ground swimming pool.
The septic system and limitations of the lot configuration were cited as
hardships.
4. Worthington Pond Farm, LLC
Public hearing to be continued
at the next meeting.
Old Business
None.
New Business - ZBA Annual Report Review
To be discussed at the next
meeting.
MINUTES ARE NOT OFFICIAL UNTIL APPROVED AT A
SUBSEQUENT MEETING.
Town of Somers
Zoning Board of Appeals
Regular Meeting Minutes
Page 3
Correspondence
None.
Bills
Motion made by Commissioner
Beaulieu to approve all bills including the Journal Inquirer in the amount of
$283.32; second by Commissioner Meagher.
Motion approved unanimously.
Adjournment
Motion made by Commissioner
Scully to adjourn; second by Commissioner Mack. Motion approved unanimously.
The meeting ended at 9:28 P.M.
Respectfully submitted,
Candida M. Daigle
ZBA Clerk