ZONING
COMMISSION
P.O. BOX 308
Monday, November 15,
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, Peter
Chipouras, and Jon Normand were present and constituted a quorum. Also in attendance: Town Planner, Patrice Carson, and Zoning
Enforcement Officer, James Taylor.
The following changes were made to the Minutes of the October 18, 2004 Meeting: Page 2, second paragraph: add the word “northerly” before the word “abutting”. In the next sentence remove the word “they” and replace with “the trees”.
A motion was made by Robert Martin, seconded by Lise Wood and unanimously voted to approve the Minutes of the October 18, 2004 Zoning Meeting as amended.
III. OLD
BUSINESS:
There
was no old business.
IV. NEW
BUSINESS:
a.
Site Plan Application for Change of Use to Medical Office, 146 Main
Street, Quraishi
Plans
were presented by architect, Dan Wright, who explained that Dr. Quraishi would
be using the main level of the building as a satellite office for his
practice. The second floor would be
remodeled as an apartment.
He
explained that parking on the site had been arranged so that there would be 8
spaces, as required. The new
parking lot is to be set up so as not to exceed the 60% maximum coverage
allowance. Approximately 1,295
square feet of the parking area would be perforated concrete pavers, which would
allow for water to penetrate and reach the detention basin currently in
place. Both Mrs. Carson and Mr.
Taylor confirmed to the Commission that the pavers were allowed as non-coverage
material and the remaining paved area constituted a coverage of
53%.
Mr.
Wright explained that a new covered exterior staircase would be added on the
west side of the building and a new canopy over the main entrance would be
constructed.
Patrice
Carson asked if the trees shown on the plans were to be installed and Mr. Wright
said that they were not as the site was too small for such plantings. He explained that there may be some
trees or shrubs planted along the street, but they were not yet included on the
plan. Mrs. Carson and Mr. Taylor
asked that only those plants or trees actually to be included on the site be
shown on the plans, so as not to cause confusion as to what is included with the
application.
Mr.
Klein asked about the two (2) post lights included on the plan and explained
that they needed to be shielded.
Both Mrs. Carson and Mr. Taylor asked that more light detail be included
on the plan so that they could be certain that it met requirements. Merv Strauss will be looking at the
drainage to see that it meets requirements as well.
Mr.
Wright said that vinyl siding would be used on the building. Mrs. Calder asked if the applicant would
consider installing 6 over 6 windows in order to retain the original look of the
building. Mr. Wright said that he
was agreeable to that. Since the
original structure was built in 1902, Mrs. Calder suggested that the Historical
Society would be willing to help in order to keep the structure as close as
possible to its original plan. She
showed Commission members photos of the building as it was at that
time.
A
motion was made by Robert Martin, seconded by Lise Wood, and unanimously voted
to accept the site plan application and refer it to the Planning Commission for
approval.
b.
Site Plan Application for Change of Use to Bakery, 48 South Road, (Units
13 & 14), Zaleski
The
applicant, Wayne Zaleski, presented his plans to combine Units 13 and 14 of
Southfield Corners into one larger unit, to be utilized as a bakery under the
name of Stroodel’s Bakery. Rob
Campbell would be doing the remodeling and was present as well. Mr. Zaleski explained that the baking
would be done in the rear of the unit, with display cases, bar seating and
tables at the front. There would be
seating provided for approximately 14 patrons. Mr. Zaleski expects to have up to 4
employees. There will be one
handicap accessible restroom available to the public. Utilities will be electric and will not
include a dishwasher. The basement
area will be used for storage of dry goods.
A
motion was made by Robert Martin, seconded by Lise Wood, and unanimously voted
to accept the site plan application and refer it to the Planning Commission for
approval.
c.
Review/Adopt 2005 Meeting Dates
The
proposed 2005 calendar year meeting dates of the Zoning Commission were
presented by Mrs. Carson for approval.
It was the consensus of the Commission to change the meeting start time
to 7:00 p.m. rather than 7:30 p.m.
A
motion was made by Lise Wood, seconded by Robert Martin and unanimously voted to
adopt the proposed meeting dates for 2005 with the revision of the meeting start
time to 7:00 p.m.
V.
STAFF/COMMISSIONER REPORTS:
Zoning
Enforcement Officer James Taylor presented his report to the Commission for
their review. He explained that
with regard to Item #8, 4 Collins Road, the owner had constructed a building
without a permit. With regard to
Item #6, Peter Klein stated that
the Return Date is December 7, 2004.
Discussion
followed about property located across the street from 115 King Road and the
vehicles junked on the property.
Mr. Taylor said that some of the vehicles had been moved at his request,
and that because it was a farm, some of the vehicles were allowed to
remain. It was noted that a
building is being constructed on the site for which no permit has been
received.
A
motion was made by Robert Martin, seconded by Lise Wood and unanimously voted to
accept the report of the Zoning Enforcement Officer.
VI.
CORRESPONDENCE AND BILLS:
A bill was
presented from the Journal Inquirer for $47.22. A motion was made by Robert Martin,
seconded by Lise Wood and unanimously voted to pay the
bill.
Mrs. Carson
presented correspondence seeking requests from the Treasurer’s Office for
Capital Improvement needs. None
were made.
A letter was
also received from the Connecticut Civil Liberties Union stating that Towns do
not have the right to regulate political signs and asking for a copy of our
ordinances. Mrs. Carson provided a
copy of the ordinances and then received correspondence from the CCLU stating
that our regulations are in violation of free speech. The CCLU has now requested a letter from
the Commission stating that the Town will no longer enforce these
regulations.
Jim Taylor
reported that he has not been enforcing those regulations and that for the most
part, people are responsible regarding political signs. Patrice Carson stated that she would
respond to the letter by telling them that the town is no longer enforcing those
regulations and when a future revision to the ordinances is made, the political
sign issue will be addressed.
A letter was
also received from Steve Botellio regarding the installation of a cell tower on
Denison Road by the Sportsmen’s Association.
VII.
ADJOURNMENT:
A motion was
made by Robert Martin, seconded by Lise Wood and unanimously voted to adjourn
the Zoning Commission meeting of November 15, 2004, at 8:32
p.m.
Respectfully
submitted,
A.P. Calder
Robin Timmons,
Secretary
Recording Secretary
MINUTES ARE NOT OFFICIAL UNTIL APPROVAL
AT A SUBSEQUENT MEETING.
Town of Somers Zoning Enforcement Officer
For the Zoning Commission Meeting of November 15, 2004
Covering the Weeks
of 10/17/04 thru
11/07/04
Activities listed by Address
Zoning Permits issued -----15 Certificates of Occupancy issued----21
Enforcement activity:
1. 136 Mountain View Rd. G. Ball, Section 214-92.C (placement of non-permitted trailer), Violation Eliminated.
2, 111 George Wood Rd., R. Higley. Failure to comply with Superior Court Stipulated Judgment. Violation Eliminated
3. 147 Shaker Rd., K. Ellis. Section 214-101 (Failure to obtain Zoning Permit). Violation Eliminated
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. The ZBA voted to uphold the C&D order. Mr. Roulier has appealed the ZBA decision to the Superior Court.
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. 11/2/04 Mr. Birkenshaw has indicated that he will apply to the commission for Site Plan approval for the lighting that was installed on the buildings without permits.
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. 11/10/04 A resolution to this matter is pending.
7. 5 Carriage Dr., R. Brown. Section 214-15 (Plantings blocking line of sight from intersection. Requested Compliance.
8. 4 Collins Rd., B. Bennett. Section 214-101 (Failure to obtain Zoning & Building permits. Requested Compliance.
9. 106 Dillenback Rd., C. Lallier. Section 214-89 (Non-compliant keeping of horses. Requested Compliance.
NOTE:: Attached to the chairman’s copy of this report are copies of the 15 signed zoning permits and 21 C.O.’s
Respectfully submitted:
James R. Taylor, ZEO