MINUTES ARE NOT OFFICIAL UNTIL APPROVED AT A SUBSEQUENT MEETING

MINUTES ARE NOT OFFICIAL UNTIL APPROVED AT A SUBSEQUENT MEETING.

TOWN OF SOMERS

Zoning Board of Appeals

Regular Meeting Minutes

November 9, 2004

Call To Order: Chairman Torres called the meeting to order at 7:37 P.M.

Members Present: James Meagher, James Beaulieu, Dan Scully, Edward Mack, John Torres and Barbara Flebotte.

Public Hearing

1. Michael Bushior

Acting Secretary, Jim Meagher read the legal notice for Michael Bushior of P.O. Box 1139, Somers. Mr. Bushior approached the Board. Mr. Bushior presented the 1974 approved variance for the parcel of land he owns on Rose Haven Road which allows for the construction of a single residential dwelling and horse barn. No abutters were present.

2. John H. and Teresa B. Cowles

Acting Secretary read the legal notice for Mr. & Mrs. Cowles of 26 Lindell Drive, Somers. Mr. Cowles approached the Board to request a side yard variance for construction or re-construction of a three bay existing garage. No abutters were present.

3. Southfield Corners Condo Association

Acting Secretary read the legal notice. Commissioner Beaulieu recused himself as he is the president of the Southfield Corners Condo Association and applicant. Chairman Torres seated Barbara Flebotte. Mr. Beaulieu approached the Board to discuss the need for a variance to replace an existing sign which would be about two feet larger in size. Chairman Torres read the sign requirements in a business district and according to the zoning regulations, a variance would not be required. Therefore, Southfield Corners Condo Association withdrew their application.

Chairman Torres re-seated Commissioner Beaulieu.

4. Charles and Martha Metcalf

Acting Secretary read the legal notice for Mr. and Mrs. Metcalf of 206 Springfield Road, Somers. Mr. Metcalf approached the Board and initially asked for a continuance of his case to do further research. After the Board reviewed the lot configuration and existing wetlands, Mr. Metcalf chose to withdraw his application. Abutter, Peter Calcasola of 54 Pine Knob Road approached the Board to ask questions regarding this variance request.

Motion made by Commissioner Beaulieu to close the public hearing; second by Commissioner Meagher. Motion approved unanimously. The public hearing ended at 8:23 P.M.

MINUTES ARE NOT OFFICIAL UNTIL APPROVED AT A SUBSEQUENT MEETING.

Town of Somers

ZBA 11/09/04 Minutes

Contd., Page 2

Minutes Approval – September 14 and October 19, 2004:

Motion made by Commissioner Scully to approve the ZBA Minutes for September 14, 2004 as presented; second by Commissioner Beaulieu. Motion approved unanimously.

Commissioner Flebotte corrected the 10/19/04 minutes on page 1, third paragraph under Worthington Pond Farm, LLC to eliminate the word “second”. Motion made by Commissioner Mack to approve the ZBA Minutes for October 19, 2004 as corrected; second by Commissioner Beaulieu. Motion approved unanimously.

Public Hearing Discussion/Decision

1. Michael Bushior

Chairman Torres stated the Board was obligated to accept the 1974 variance to allow for a 25’ (more or less) for a driveway and to recognize the single residential lot plus horse barn. Motion made by Commissioner Scully to end discussion and vote; second by Commissioner Mack. The Board voted unanimously to recognize and accept the 1974 approved variance.

2. John H. and Teresa B. Cowles

Motion made by Commissioner Scully to end discussion and vote; second by Commissioner Beaulieu. The Board voted unanimously to approve a 13 foot side yard variance at 26 Lindell Drive, Somers for replacement/construction of a garage.

Old Business: Chairman Torres briefly reviewed the Annual Report.

New Business: Chairman Torres presented the 2005 ZBA Meeting Schedule.

Correspondence: None.

Bills: Motion made by Commissioner Mack to accept all bills for the ZBA including the Journal Inquirer in the amount of $417.11; second by Commissioner Beaulieu. Motion approved unanimously.

Adjournment: Motion made by Commissioner Mack to adjourn; second by Commissioner Beaulieu. Motion approved unanimously. The meeting ended at 9:06 P.M.

Respectfully submitted,

Candida M. Daigle

ZBA Clerk