ZONING
COMMISSION
P.O. BOX 308
Monday, February 7,
2005
7:00 p.m. Town
Hall
I.
CALL TO ORDER
Chairman Peter
Klein called the regular meeting to order at 7:01 p.m. Members Anita Calder, Peter Chipouras,
Peter Klein, Robert Martin, Lise Wood, and Alternate Members Jill Conklin and
Wesley Smith were present and constituted a quorum. Also in attendance: Town Planner Patrice Carson and Zoning
Enforcement Officer James Taylor.
A motion was
made by Rob Martin, seconded by Anita Calder and unanimously voted to approve
the Minutes of the January 18, 2005 meeting as written.
III.
OLD
BUSINESS
a.
Discussion/Possible Decision:
Site Plan Application:
McAvoy’s Martial Arts Business, 64 Field Road, Unit 2C,
McAvoy
In
August 2004 Barry McAvoy opened a karate school at 64 Field Road, Unit 2C, after
making application with the State of Connecticut. He explained to the Commission that at
the time he was planning to open the business, he had no knowledge of the need
to make application with the Town of Somers as well, and apologized for that
oversight on his part. He shared
with the Zoning Commission his Statement of Purpose and stated that he currently
has 52 students. He hopes to
eventually have up to 150 students, but usually has only 10 to 15 students per
class. He also shared his schedule
of operating hours the school will be open, a floor plan and a plot
plan.
When
asked if he had adequate parking, he replied that he did. Several of his classes meet in the
evenings when the surrounding businesses are closed and their parking spaces may
be used for any overflow. Also,
many students are children and are dropped off by their parents and then picked
up after class.
Mrs.
Carson stated that the Planning Commission recommended approval of the
application.
A
motion was made by Rob Martin, seconded by Lise Wood and unanimously voted to
approve McAvoy’s site plan application for a martial arts business at 64 Field
Road, Unit 2C.
b.
Other
There
was no other Old Business.
IV.
NEW
BUSINESS
a.
2005/2006 Budget
Patrice
Carson presented a draft of the 2005/2006 Zoning Commission Budget for review
and discussion. A change was made
to the Zoning Enforcement Officer’s wage from $14,517.72 to $14,814 in order to
reflect 2 weeks’ vacation rather than 3; however, this did not reflect a raise
for the position in the proposed budget which is handled by the Board of
Selectmen. It was noted that this
year’s ZEO salary budget is already underfunded and will need additional money
to finish the year. Also, the sales
price of Zoning Regulations was changed from $16.00 to $20.00 to recoup more of
the cost to print the regulations.
A
motion was made by Rob Martin, seconded by Lise Wood, and unanimously voted to
approve the 2005/2006 Zoning Commission Budget as amended and to send it to the
Board of Selectmen for review.
b.
Discussion: Plan of
Conservation and Development
Patrice
Carson presented a copy of the Plan of Conservation and Development to each
member and alternate member present, as well a copy to Jim Taylor. Patrice walked everyone through the
document and the key areas, such as the task table, pointing out the areas the
Zoning Commission will be responsible for.
It was suggested that by the next meeting members review the POCD and
highlight tasks designated to the Zoning Commission. In addition, they were asked to note
those items that the Commission could possibly address first. It would be the intent to have the POCD
as an on-going discussion item at each meeting.
V.
STAFF/COMMISSIONER
REPORTS
Zoning
Enforcement Officer Jim Taylor presented his report for review and
comments. When asked about the
paving on Main Street (Item #5), Mr. Taylor explained that Mr. Vono had met with
the Land Use Department and it was determined that his pavement coverage was
74%, well above the 60% limit. Mr.
Vono is in the process of applying for site plan approval and has been asked to
rectify the situation and expects to remove some of the paved area. It was asked if the paved area extended
onto an abutter’s property, but Mr. Taylor replied that the paving was only on
the owner’s property.
A
motion was made by Rob Martin, seconded by Lise Wood and unanimously voted to
accept the Zoning Enforcement Officer’s report.
VI.
CORRESPONDENCE AND
BILLS
Mr. Klein
presented a thank you note for Commission Members to sign. The note will be sent to Marie Burnette
in gratitude for her service on the Zoning Commission. In addition, a collection was taken for
a gift to be included with the note.
Mrs. Carson
reminded everyone of a notice she had received of the seminar to be held on
March 5, 2005 at Wesleyan University, Middletown, for Planning and Zoning
Commissioners entitled “Connecticut Land Use for Municipal Land Use Agencies,
Boards and Commissions”. She asked
that anyone wishing to attend contact her as soon as possible so that
arrangements could be made.
The following
bills were presented from the Journal Inquirer: $55.09 for the December 7, 2004 meeting
and $196.75 for the meetings of January 3 and January 18,
2005.
A motion was
made by Rob Martin, seconded by Lise Wood and unanimously voted to pay the
bills.
VII.
ADJOURNMENT
A motion was
made by Robert Martin, seconded by Lise Wood and unanimously voted to adjourn
the February 7, 2005 Zoning Commission meeting at 7:53
p.m.
Respectfully submitted,
A.P. Calder, Secretary
Robin Timmons, Recording Secretary
MINUTES ARE NOT OFFICIAL UNTIL APPROVAL
AT A SUBSEQUENT MEETING.
Town of Somers Zoning
Enforcement Officer
For the Zoning Commission
Meeting of February 7, 2005
Covering the Weeks of 1/16/2005 thru 1/30/2005 Activities listed by
Address
Zoning Permits issued
-----2
Certificates of Occupancy issued----2
Enforcement
activity:
1.
64 Field Road, McAvoy’s Martial Arts. Section 214-98 (Operating business without
Site Plan approval by the Commission. Requested Compliance. 2/3/05 Approval
pending.
2,
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.
3.
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.2/3/05
Violation Eliminated.
4.
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. 2/04/05
Resolution pending.
5.
112 Main St., F. Vono. Sections 214-101 (Failure to obtain Site Plan Approval
and 214-98A (Exceeding Lot Coverage with Pavement). Issued C & D Order.
2/04/05 Mr. Vono has met with Land Use Department. Resolution
Pending.
6.
160 Main St. Colonial Tire. Section 214-98.A. ( Possibly exceeding lot coverage
with paving). Requested Site Plan to confirm actual lot coverage. 1/13/05 Owner
is in the process of determining what the lot cover actually is. 2/3/05 The owner has provided a survey map and
the measured out areas of the property that are not currently paved or built on.
On the basis of the information provided it has been determined that the lot
coverage is 59.7 %. It appears that no violation concerning lot coverage
exists.
7.
106 Dillenback Rd., C. Lallier. Section 214-89 (Non-compliant keeping of horses.
Expecting resolution before spring. 2/04/05 The Lalliers will be moving during
the Spring Season. Violation will be eliminated.
NOTE:: Attached to the chairman’s
copy of this report are copies of the 2 signed zoning permits and 2
C.O.’s
Respectfully submitted:
James R.
Taylor
Zoning Enforcement
Officer