ZONING
COMMISSION
P.O. BOX 308
Tuesday, December 7,
2004
7:30 p.m. Town
Hall
I.
CALL TO ORDER
Chairman Peter
Klein called the special meeting to order at 7:31 p.m. Members Marie Burnette, Peter Klein,
Lise Wood, and Alternate Member Jon Normand (seated for Robert Martin) were
present and constituted a quorum.
Also in attendance were Town Planner, Patrice Carson, and Zoning
Enforcement Officer, James Taylor.
This item was removed from the agenda as it was a Special
Meeting.
III. OLD
BUSINESS
a.
Discussion/Possible Decision:
Site Plan Application for Change of Use to Medical Office, 146 Main
Street, Quraishi
Architect
Dan Wright presented plans dated December 1, 2004, for the applicant, together
with a letter of intent from Dr. Quraishi.
Mrs.
Carson presented a letter she had received from Merv Strauss regarding the
project as well.
Mr.
Wright stated that he had spoken with Mr. Strauss regarding the roof drainage
and Mr. Strauss was pleased with the idea of a stone drip bed which would aid
drainage, keep water from splashing the building and from collecting on the
roof.
Mr.
Klein asked about the shielding of the lights and Mr. Wright replied that he
understood that it was important to light the site and not the neighbor’s
property as well. Jim Taylor will
check out the light installation to be sure it meets Zoning
requirements.
Mr.
Wright added that the items which are non-conforming on the site are listed on
the plans. Mr. Strauss had
suggested a concrete pad at the bottom of the stairway. Although it is not shown on the plan,
Mr. Wright said that it will be installed.
This would be more of a building code issue that will be addressed by the
Building Official.
He
added that the slope of the handicap ramp will be adjusted to 1:20 to eliminate
the need for a handrail. He will
have the building inspector check the work when it is
completed.
Lise
Wood asked if the plantings currently shown on the map were the ones to be
included with the completed site and Mr. Wright replied that they were not. He said that two new ornamental cherry
trees would be planted at the front of the building and at this time he is not
sure what will be planted at the east side of the building. There is very little room to work
with.
Mrs.
Carson stated that WPCA approval is needed and they are meeting at this
time. The Planning Commission has
reviewed the application and their concern of drainage has been resolved to
their satisfaction.
A
motion was made by Marie Burnette, seconded by Lise Wood and unanimously voted
to approve Quraishi’s site plan application for a medical office at 146 Main
Street, with the approval of the lighting shields to be made by the Zoning
Enforcement Officer and with the plantings on the easterly and southerly side of
the building to be for decoration and to be made at the owner’s
discretion.
b.
Discussion/Possible Decision:
Site Plan Application for Change of Use to Bakery, 48 South Road (Units
13 and 14), Zaleski
The
plans, which had not been revised, were presented by the applicant, Wayne
Zaleski. He stated that Mr. Stauss
had inquired as to where chemicals would be stored and he had been assured that
they would be stored away from food items.
He also added that the basement would be for storage of non-food items
only. All trash will be disposed of
in the outdoor storage bins currently in place.
The
application had been before the Planning Commission who recommended approval of
the change of use.
A
motion was made by Lise Wood, seconded by Jon Normand and unanimously voted to
approve Zaleski’s site plan application for a bakery at 48 South Road, units 13
and 14.
IV. NEW
BUSINESS
a.
Discussion: Aquifer
Protection Zone Ordinance
Patrice
Carson presented a proposed ordinance from the Board of Selectmen which
designates the Zoning Commission as the Town’s Aquifer Protection Agency and
stated that the Department of Environmental Protection would provide a map of
the aquifer area, which is located mainly around the upper portion of Field
Road, and will provide a sample set of regulations which can be used as a
model.
She
added that there will be an annual training session, similar to what the
Wetlands Commissions do. Because
the program deals with land use, it seemed more appropriate to come under the
Zoning Commission’s purview.
Lise
Wood had information she had received from the Conservation Commission regarding
the aquifer which will be made available for the Commission members at a later
date.
Mrs.
Carson said that once a map is received by the town, a proposed ordinance will
need to be adopted by the Board of Selectmen.
V.
STAFF/COMMISSIONER REPORTS
First
Selectman David Pinney said that in order to implement the POCD, input and
action will be needed by various commissions, who will need to be kept
up-to-date on what each of their fellow commissions are doing. Because of this, there has been a desire
expressed for regular monthly meetings of those involved, specifically including
the Planning Commission and the Zoning Commission as well as the various other
commissions involved at different times.
The kick-off meeting is expected to be held on January 13, 2005 and will
include members from both commissions, as well as Conservation, WPCA, Library,
School, Fire, Finance and Selectmen.
The Zoning Commission can anticipate a January 13 meeting and formal
notices of it will be sent out when available.
Zoning
Enforcement Officer James Taylor presented his report to the Commission for
their review. Brief discussion
followed about Item 1, in which a court order has been issued to shield the
lights; Item 5, which remains unresolved; and Item 6, which has been forwarded
to the Town Attorney.
A
motion was made by Marie Burnette, seconded by Lise Wood and unanimously voted
to accept the Zoning Enforcement Officers report as
presented.
VI.
CORRESPONDENCE AND BILLS
No bills were
presented.
The yearly
agreement for the Wetlands Agent, David Askew, has been received and was
signed.
VII.
ADJOURNMENT
A motion was
made by Lise Wood, seconded by Marie Burnette and unanimously voted to adjourn
the Zoning Commission’s special meeting of December 7, 2004 at 8:31
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 7, 2004
Covering the Weeks of 11/14/04 thru
11/28/04
Activities listed by Address
Zoning Permits issued
-----11
Certificates of Occupancy issued----7
Enforcement
activity:
1. 34 Egypt Rd. D. Birkenshaw.
Section 214-17 (Failure to properly screen outdoor lighting).On 11/22/04 the
Superior Court Ordered the shielding of the subject lights to be completed on or
before 12/22/04.
2, 57 Main St. D. Johnson.
Section 214-98 (Storage of Junk) Requested Compliance.
3. 12 South Rd. Subway Shoppe,
Section 214-58.7 (Display of banners over 2 weeks) 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. The
ZBA voted to uphold the C&D order. Mr. Roulier has appealed the ZBA decision
to the Superior Court. Case Pending.
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.12/2/04 No Change in status.
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. 11/23/04 Referred file to Town Atty..
7. 5 Carriage Dr., R. Brown.
Section 214-15 (Plantings blocking line of sight from intersection. Violation
Eliminated
8. 4 Collins Rd., B. Bennett.
Section 214-101 (Failure to obtain Zoning & Building permits. Violation
Eliminated.
9. 106 Dillenback Rd., C.
Lallier. Section 214-89 (Non-compliant keeping of horses. Requested Compliance.
Resolution Pending.
NOTE:: Attached to the chairman’s copy of this report are
copies of the 11 signed zoning permits and 7 C.O.’s
Respectfully submitted:
James R.
Taylor
Zoning Enforcement
Officer