ZONING
COMMISSION
P.O. BOX 308
Monday, September 20,
2004
7:30 p.m. Town
Hall
I.
CALL TO ORDER:
Chairman Peter Klein called
the regular meeting to order at 7:31pm.
Members Peter Klein, Lise Wood, and Alternate Members Jon Normand (seated
for Robert Martin), and Peter Chipouras (seated for Marie Burnette) were present
and constituted a quorum. Also in
attendance were Town Planner, Patrice Carson and Zoning Enforcement Officer, Jim
Taylor.
The
following changes were made to the Minutes of the September 7, 2004
Meeting:
New
Business Section, Item B, second line:
change “building” to “basement” and insert “of the basement” after the
word “remainder”.
New
Business Section, Item B, third line:
To “He expects to have 3 employees” add “in addition to 3 family
members”.
Change
signature line on last page from “Marie Burnette, Secretary” to “A. P. Calder,
Secretary”.
A
motion was made by Lise Wood and seconded by Peter Chiporous to approve the
minutes of the September 7, 2004 meeting, as amended. The motion passed by a vote of 3 in
favor, 0 opposed, one abstention (Normand).
III. OLD
BUSINESS:
a.
Discussion/Possible Decision:
Site Plan Application for Change of Use to Salon/Day Spa & Addition,
67 South Road, Wurdig
Mike
Mocko, consulting engineer for the applicant, presented revised plans regarding
the application and stated that his client intends to add a 500 square foot
addition to the existing building and make changes to the parking lot and
driveway. The driveway would have
16 parking spaces, including one handicap space.
A
row of arborvites would be added to the current screening of trees along the
Parker property line which already are in place.
He
stated that the lighting plan was for one pole mounted light, which would cast
light onto the parking lot and away from the home. There would be one light at the rear of
the building and small lamps for the entrance, as well as ground mounted
lighting for the sidewalk.
Jim
Taylor added that the lighting for the sign must be focused only on the sign,
with no spill over, either ground-mounted or hanging over the sign. This, as well as the other lighting,
would need to be checked after installation and adjustments made, if
necessary.
Discussion
followed about the circular driveway.
Mr. Mocko stated that he had made the changes proposed with regard to the
reversal of the traffic, but thought they might be changed again to include two
curb cuts, which would allow for a better traffic flow and minimize the amount
of pavement used, as well as enhance safety. This would depend upon whether or not
the Department of Transportation would approve such a plan. Patrice Carson is helping him with
this.
Further
discussion included the landscaping, which Mr. Mocko stated would be trimmed and
enhanced. Mr. Klein asked if the
one of the trees in front would be staying and Mr. Mocko said that unless DOT
requests removal of both, that one would probably stay.
Lise
Wood asked about the septic system.
Mr. Mocko said that the existing system would be updated and placed under
the parking lot. This was approved
by the Town Sanitarian.
It
was asked if each of Merv Strauss’s requests had been met and Mr. Mocko reviewed
the requests with the Commission.
He stated that he had spoken with UPS regarding the delivery trucks,
which have the same turning radius as an SUV. He added that he would get the water
runoff calculations and he expected that they would show the amount would be
small and easily remedied.
Patrice
Carson stated that the Planning Commission had reviewed the application and
recommended approval with the condition that Merv’s review requests were
answered satisfactorily. The main
concern was the access, which the Planning Commission supported with the two
road cuts, and the drainage, which the Commission felt that calculations were
needed to be reviewed further. She
had also received a letter dated September 16, 2004, from David Askew regarding
the grading and she read the letter to the Commission.
No
dumpster will be needed.
A
motion was made by Jon Normand, seconded by Lise Wood and unanimously voted to
approve the site plan application for change of use at 67 South Road subject to
the following conditions:
1. The lighting shall be subject to
adjustments and the approval of the Zoning Enforcement Officer after
installation.
2. The applicant work with the Department
of Transportation and Town Planner towards approval of the preferred plan of two
road cuts, but if denied, one-way traffic was acceptable as
shown.
3. The names and addresses of the abutters
shall be shown on the plans.
4. The location and number of the nearest
utility poles be shown on the plans.
b.
Discussion/Possible Decision:
Site Plan Application for Change of Use to Tee Shirt Distribution &
Print Facility, 23 Eleanor Road, Eleanor Road Business
Center
Patrice
Carson stated that this application had gone to the Planning Commission and it
had been unanimously voted to recommend approval to the Zoning Commission as
this was a good re-use for this building in an Industrial
Zone.
It
was discussed that the basement of the building only would be used for the
business and if the applicant wished to use or rent out the upstairs he would
need to seek approval for that.
A
motion was made by Lise Wood, seconded by Peter Chiporous and unanimously voted
to approve the site plan application for change of use to a tee shirt
distribution and print facility at 23 Eleanor Road.
IV. NEW
BUSINESS:
a.
Site Plan Application for Change of Use to Office Space & Industrial
Use, 27 Quality Avenue, Gusti
Jay
Ussery from J. R. Russo Associates presented plans on behalf of Ralph Gusti, a
partner in MacDac Engineering. The
application involves the renovation of a building containing approximately 7,000
square feet, with 2 floors, as well as an addition and major site
renovation. Mr. Ussery said the
building is approximately 100 years old and has had a number of different uses
over the years. MacDac Engineering,
a software company, is expected to use about 4,100 square feet of the upper
floor, with the remaining area of that floor to be used for office space. The lower level is to eventually be
available for industrial use.
The
site is to be serviced by sewer and city water. There is no gas on
site.
Currently
the site has gravel parking. The
proposal includes paved space for 34 vehicles in the front (including 2 handicap
spaces). A new plunge pool will be
installed in order to help correct current drainage
problems.
Mr.
Ussery explained that the property is in a flood zone and the lower area towards
the rear of the building is at river level and had problems in the past with
water. The plan includes the
installation of underdrains to take care of the ground water. The underdrains will not be part of the
building but will be installed beneath the building, without the use of floor
drains. The parking area in the
back would be gravel.
As
part of Phase 2 of construction, additional parking is proposed. Mr. Ussery showed a plan for 9
additional parking spaces, should they be required in the
future.
At
the northerly property line is a residence which will need to have screening
provided. There is currently a
large row of white pines, the stumps of which are on the neighbor’s
property. Mr. Ussery stated that if
necessary they would be willing to provide additional screening, but currently
they are unsure if it will be needed.
He felt that if they were to provide screening, the current row of pines
may have to be removed in order to do so.
Peter Klein noted that if the neighbors decided to cut down the pines,
then the applicant would need to provide screening.
At
the street side of the site are a large maple and an elm, surrounded by
underbrush. The vegetation would be
cleared and replaced with lawn.
A
motion was made by Lise Wood, seconded by Peter Chiporous and unanimously voted
to accept the site plan application and refer it to the Planning
Commission.
V.
STAFF/COMMISSIONER REPORTS:
Jim
Taylor reviewed his report with the Commission and noted a correction with
regard to the ZBA hearing for 359 Mountain Road, Worthington Pond, LLC. The date has been changed to October 19,
2004.
A
motion was made by Lise Wood, seconded by Jon Normand and unanimously voted to
accept the Zoning Enforcement Officer’s Report.
VI.
CORRESPONDENCE AND BILLS:
Patrice
Carson stated that she had received the presentation on the Village District on
cd.
She
also presented a bill for $47.22 from the Journal Inquirer for the August
9th meeting. A motion
was made by Lise Wood, seconded by Jon Normand and unanimously voted to pay the
bill.
VII.
ADJOURNMENT:
A motion was
made by Lise Wood, seconded by Jon Normand and unanimously voted to adjourn the
Zoning Commission regular meeting of September 20, 2004 at
8:52pm.
Respectfully
submitted,
A.P. Calder,
Secretary
Robin Timmons, Recording Secretary
Town of Somers Zoning Enforcement Officer
For the Zoning Commission Meeting of September 20, 2004
Covering the Weeks
of 9/5/04 thru
9/12/04
Activities listed by Address
Zoning Permits issued ------8 Certificates of Occupancy issued----4
Enforcement activity:
1. 136 Mountain Veiw Rd. G. Ball, Section 214-92.C (placement of non-permitted trailer), Requested Compliance.
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. Will continue to follow-up.
6. Battle Street. Lloyd Gravel Pit. Sent letter requesting restoration of this site be completed on or before July 31, 2004. Mr. Lloyd has requested a final inspection. 9/20/04, M. Strauss, town engineer has inspected the site and finds it in compliance except for removal of signs. Mr. Lloyd has been notified to remove the signs in order to have the performance bond released.
7, 359 Mountain Road. Worthington Pond, LLC. Section 214-87.D. (Sales & consumption of alcoholic beverages .Issued Cease and Desist Order. Cease and Desist Order has been appealed to the ZBA with a hearing set for Sept 14, 2004. 9/20/04, The ZBA hearing has been continued to October 12, 2004.
8. 60A & 60B Sunshine Farms Drive, David Birkenshaw. Section 214-104 (Failure to obtain Certificate of Occupancy). Issued Cease & Desist Order. Cease and Desist Order has been appealed to the ZBA with a hearing set of Sept. 14, 2004. Mr. Birkenshaw has withdrawn his appeal application to ZBA. Situation remains unresolved. His right to appeal of the C & D Order has expired.
9. 20 Haas Rd. R. Olden, Sections 214-101 (failure to obtain building permit) and 214-38 (housing farm animals less than 200 feet from the property lines as required.
NOTE:: Attached to the chairman’s copy of this report are copies of the 8 signed zoning permits and 4 C.O.’s
Respectfully submitted:
Jim Taylor, ZEO