ZONING
COMMISSION
P.O. BOX 308
Monday, October 18,
2004
7:30 p.m. Town
Hall
I.
CALL TO ORDER:
Chairman Peter Klein called
the regular meeting to order at 7:30 p.m.
Members Marie Burnette, Anita Calder, Peter Klein, Robert Martin, Lise
Wood, and Alternate Members Jill Conklin and Jon Normand were present and
constituted a quorum. Also in
attendance were Town Planner, Patrice Carson and Zoning Enforcement Officer, Jim
Taylor.
John
Normand was temporarily seated for Robert Martin for the purpose of approving
the minutes.
The
following change was made to the Minutes of the September 20, 2004
Meeting:
Minutes
Approval Section, 2nd paragraph, 2nd line: delete remainder and insert “remainder”.
A
motion was made by Lise Wood, seconded by Peter Klein, and unanimously voted to
approve the minutes of the September 20, 2004 meeting, as
amended.
III. OLD
BUSINESS:
a.
Discussion/Possible Decision:
Site Plan Application for Change of Use to Office Space & Industrial
Use, 27 Quality Avenue, Guisti
Dana
Steele from J. R. Russo Associates presented the plan for the remodeling of a
building at 27 Quality Avenue. He
explained that the building is in an industrial zone and Mr. Guisti’s intention
is to renovate the entire building and use a portion of the upstairs for MacDac
Engineering. A paved drive will be
installed. The current driveway is
composed of gravel only. There is a
lot of vegetation to the rear of the building and a few of the larger trees will
need to come down in order to accommodate the new paved
driveway.
Mr.
Steele explained that there is a drainage pipe that runs through the property
and currently it is a source of erosion and drainage problems, particularly on
the current driveway. The plan is
to raise the parking area up so that adequate drainage will be provided. This will help the Town as well because
much water is carried through the current pipe. There currently are easements in place
for the building. The applicant has
notified the adjacent property owners and they are in favor of the
project.
Mr.
Klein asked for confirmation of the plan regarding the trees on the abutting
northerly neighbor’s property.
Should the trees die or be removed at a future date, the applicant would
need to replace the screening somehow.
Mr. Steele and Mr. Guisti confirmed that they were in agreement with
this.
Patrice
Carson stated that the hydrant just to the north of the property should be noted
on the plan and that the easement to the Historical Mill Associates would have
to be moved so that the applicant is able to pass through. Mr. Guisti stated that he had no problem
working with the easement owners.
Patrice stated that she had spoken with Mr. Brophy and was willing to
resolve the situation.
Mrs.
Carson also stated that should the applicant rent to a tenant, he would need to
return to the Commission for the necessary permits.
Peter
Klein asked if the 190 Traffic Study would effect the application. Patrice Carson stated that the study
involved property above this site and there would be no effect on the
site.
A
motion was made by Robert Martin, seconded by Lise Wood, and unanimously voted
to approve the site plan application with the following conditions: (1) the fire hydrant is to be clearly
marked on the plans; (2) a lighting
shield is to be placed on the most northern light which would shine on the
neighbor’s property; (3) the
easement to the Somers Historical Mill Associates is to be moved and that the
applicant is to be sure not to violate the terms of this easement; and (4) in the event that the neighbor’s
trees on the northern side of the site are removed, adequate screening is to be
provided.
b.
Other There
was no other Old Business.
IV. NEW
BUSINESS:
a.
Release Gravel Bank Bond, Battle Street, Lloyd
Patrice
Carson stated with the gravel bank closing, Merv Strauss and Jim Taylor visited
the site and Merv had approved of the closing. Jim reported that the signs on Battle
Street had been removed.
A
motion was made by Marie Burnette, seconded by Lise Wood and unanimously voted
to release the gravel bank bond.
b.
Other There
was no other New Business.
V.
STAFF/COMMISSIONER REPORTS:
Jill
Conklin reported that she had attended the “Tool Box” seminar and learned some
interesting new things about parking areas and making them more
accessible.
Jim
Taylor presented his report to the Commission for their review. He stated that Mr. Birkenshaw has
started the process of getting his Certificate of Occupancy. He still needs to apply to the
Commission to get his lighting approved.
A letter has been sent to him requesting
compliance.
A
motion was made by Lise Wood, seconded by Rob Martin and unanimously voted to
accept Mr. Taylor’s report.
VI.
CORRESPONDENCE AND BILLS:
The
following bills were presented:
$23.30 from Jim Taylor for film; and $55.09 from the Journal Inquirer for
the meeting of September 20, 2004.
A
motion was made by Lise Wood, seconded by Marie Burnette and unanimously voted
to pay the bills.
Patrice
Carson reminded members to attend the POCD Public Hearing to be held on Thursday
evening. Steve Jacobs has notified
Worthington Pond Farms that they must put in full bathroom facilities by the
spring.
Lise
Wood asked about Elm Knoll Farms and the seasonal activities taking place on
their site. Discussion followed
with regard to what permits they had received and whether or not they were
operating within the perimeters of them.
Jim Taylor suggested that the Commission discuss this issue further at
another meeting when it could be put on the agenda. It was the consensus of the Commission
not to write to Elm Knoll regarding possible violations until after the season
was over because no complaints had been received regarding
them.
Discussion
followed about Camp Aya-Po and the activities being held there and the fact that
this is also an A-1 Residential zoning area. Jon Normand asked if the Commission’s
decisions on these could effect the current litigation with Worthington Pond
Farms. Mr. Taylor said it would not
because these were situations in which no complaints had been
received.
VII.
ADJOURNMENT:
A motion was
made by Rob Martin, seconded by Lise Wood and unanimously voted to adjourn the
Zoning Commission meeting of October 18, 2004 at 8:20 p.m.
Respectfully
submitted,
A.P. Calder,
Secretary
Robin Timmons, Recording Secretary
Town of Somers Zoning Enforcement Officer
For the Zoning Commission Meeting of October 18, 2004
Covering the Weeks
of 9/19/04 thru
10/10/04
Activities listed by Address
Zoning Permits issued ------24 Certificates of Occupancy issued----5
Enforcement activity:
1. 136 Mountain View Rd. G. Ball, Section 214-92.C (placement of non-permitted trailer), Issued C & D Order
2, 111 George Wood Rd., R. Higley. Failure to comply with Superior Court Stipulated Judgment. Requested Compliance.
3. 147 Shaker Rd., K. Ellis. Section 214-101 (Failure to obtain Zoning Permit). Requested Compliance.
4, 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 19, 2004.
5. 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.
6. 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. Issued C & D Order.
NOTE:: Attached to the chairman’s copy of this report are copies of the 24 signed zoning permits and 5 C.O.’s
Respectfully submitted:
Jim Taylor, ZEO