ZONING
COMMISSION
P.O. BOX 308
Monday, June 6,
2005
7:00 p.m. Town
Hall
I.
PUBLIC HEARINGS
Chairman Peter
Klein opened the public hearings at 7:12 p.m. Town Planner Patrice Carson read the
legal notice.
a.
Special Use Permit Application for Gravel Bank, South Road, Bordeaux
Farm
Cliff Bordeaux
presented plans for the gravel bank and explained that in certain areas
re-grading is now being completed.
Work is being done to improve the 27 acres of agricultural land and
regenerate the apple orchard. The
project was broken out into 10 phases and has now progressed so that Phases 1
through 6 are completed and restored, Phases 7 and 8 are stockpile areas and
work continues in the southern half of Phases 9 and 10.
Mr. Bordeaux
expressed much satisfaction in the 2 to 3 feet of topsoil which has been
spread. He has been planting dwarf
trees and anticipates eventually having a pick-your-own orchard. He noted that Phase 10 will be the final
phase. Depending on gravel market
conditions, this may be the last year of operation.
Mrs. Carson
inquired as to whether the Commissioners had any questions regarding Consulting
Engineer Merv Strauss’s letter, which contained a proposed bond amount of
$28,844.00, and no questions were asked.
She noted that the Planning Commission recommended approval of the
application. Jim Taylor said that
the operation had always been run well and was a good, clean
site.
Chairman Klein
requested any comments from the audience, and there were
none.
Mrs. Carson
thanked Mr. Bordeaux for his comments regarding the timing of the gravel bank
application process and asked him to share them with the Commission. Mr. Bordeaux explained that survey plans
are required by the town before April 30.
This requires the applicant to contact a surveyor by the end of March to
ensure the surveyor can schedule a site visit in mid-April and complete the
plans by the end of the month.
Given weather conditions, the surveyor is checking out the property when
there is still mud, frozen topsoil and perhaps even ice. When the town is actually reviewing the
plans, the weather has turned, site work has progressed quite a bit and the
plans are no longer current. If the
application date was made later, bond amounts could be made lower because the
pit would be further along. It was
noted that the only necessary change would be to the time when the information
was due to the town. The timing of
the permits could remain the same.
Both Mrs. Carson
and Mr. Taylor confirmed that the zoning regulations would have to be amended in
order to change the dates, but it might be a worthwhile thing to
do.
A motion was
made by Peter Chipouras, seconded by Lise Wood and unanimously voted to close
the public hearing for Bordeaux’s Special Use Permit Application for a Gravel
Bank on South Road.
b.
Special Use Permit Application for Gravel Bank, Egypt Road,
Charter
Applicant Peter
Charter explained that this is a 10-acre site currently in its fifth or sixth
year of operation. As a dairy
farmer, his purpose for starting the pit was to increase his cropland by an
additional 10 acres. This year they
are at the half-way point in completing the operation. His plan is to put topsoil on a large
portion of the land and plant corn this year. When asked about the time left to the
operation, Mr. Charter responded that it might be 2 more years, but he is not
certain.
Mrs. Carson said
that the Planning Commission recommended approval and commented that the slopes
that were a problem in previous years are no longer a concern and Mr. Strauss
recommended a $34,200.00 bond. Mr.
Taylor confirmed that the site is in good condition and that the sloping in need
of grading in the northwest corner of the site had been taken care
of.
Chairman Klein
requested any comments from the audience, and there were
none.
A motion was
made by Lise Wood, seconded by Jill Conklin and unanimously voted to close the
public hearing for Charter’s Special Use Permit Application for a Gravel Bank on
Egypt Road.
c.
Special Use Permit Application for Gravel Bank, South Road, Pleasant View
Farms Realty
The Commission
reviewed the plans submitted by the applicant. Mr. Taylor explained that he and Mr.
Strauss had visited the site at a time when there was much activity in
progress. Jeff Lipton has told him
that he intends to close up the site in the next 2 years. Mr. Taylor saw no problems with the
slopes and the stockpiles were large but all in good order. The topo lines were different than those
shown on the plan, but that was because work had progressed since the plans had
been drawn, and they all appeared to be safe and in good shape. He also spoke with Mr. Lipton who
explained that the tree stumps in question were being stored on the site but
would not be buried there.
Regarding the
problem with the mud which the Planning Commission had commented on, Mr. Taylor
noted that a lot of traffic had been coming in and out of the pit and the
applicant needed to do a better job keeping the road clean. He will discuss the situation further
with Mr. Lipton.
Mr. Strauss
recommended a $39,000.00 bond and the Planning Commission recommended approval
of the site with conditions regarding the road being kept clean and the stumps
not being buried onsite.
Chairman Klein
requested any comments from the audience, and there were
none.
A motion was
made by Jill Conklin, seconded by Lise Wood and unanimously voted to close the
public hearing for Pleasant View Farms Realty’s Special Use Permit Application
for a Gravel Bank on South Road.
d.
Special Use Permit Application for Gravel Bank, Stafford/Root/Wood Roads,
Wood Gravel Operation LLC
Lise Wood
recused herself during this portion of the meeting.
Applicant Bruce
Wood presented plans and explained that the site still has a few more years to
go. Work now is leading to the
south end of the pit. He explained
that there is still quite a bit of elevation and he also has a retention pond to
build. At this time, he is on Phase
9. There is no erosion and the
vegetation is still in place.
Mr. Taylor
commented that this is the largest of all of the gravel banks and is very well
maintained. It is clean and in good
shape.
Mr. Klein asked
for comments from the audience and Roger Stedding, 153 Hampden
Road, came forward and submitted a letter. He spoke in favor of the operation but
asked for the consideration of changing the access road to the gravel bank. He referred to Sections 214-70, C2, 12
and 15 in conjunction with the access road, and noted where it states that care
should be taken to minimize dust on the access road and that trucks should take
the shortest distance to any state road.
Patrice Carson
stated that the Planning Commission recommended approval of the site and Mr.
Strauss recommended a $25,886.00 bond.
The current bond value is $33,419.00. She added that $8,000.00 could be
released should this be requested after approval.
A motion was
made by Peter Chipouras, seconded by Jill Conklin and unanimously voted to close
the public hearing for Wood’s Special Use Permit Application for a Gravel Bank
on Stafford/Root/Wood Roads.
Lise Wood
returned to the meeting at this time.
Chairman Peter
Klein called the regular meeting to order at 7:45 p.m. Members Peter Chipouras, Peter Klein,
Lise Wood, and Alternate Member Jill Conklin (seated for Robert Martin) were
present and constituted a quorum.
Town Planner Patrice Carson and ZEO James Taylor were also
present.
A motion was
made by Lise Wood, seconded by Peter Chipouras and unanimously voted to approve
the minutes of the April 25, 2005 meeting as written.
A motion was
made by Lise Wood, seconded by Peter Chipouras and unanimously voted to approve
the minutes of the May 2, 2005 meeting as written.
IV.
OLD
BUSINESS
a.
Discussion/Possible Decision:
Special Use Permit Application for Gravel Bank, South Road, Bordeaux
Farm
A
motion was made by Lise Wood, seconded by Peter Chipouras and unanimously voted
to approve Bordeaux Farm’s Special Use Permit Application for a Gravel Bank on
South Road, with a bond of $28,844.00 for the period of July 1, 2005 to June 30,
2006.
b.
Discussion/Possible Decision:
Special Use Permit Application for Gravel Bank, Egypt Road,
Charter
A
motion was made by Lise Wood, seconded by Jill Conklin and unanimously voted to
approve Charter’s Special Use Permit Application for a Gravel Bank on Egypt
Road, with a bond of $34,200.00 for the period of July 1, 2005 to June 30,
2006.
c.
Discussion/Possible Decision:
Special Use Permit Application for Gravel Bank, South Road, Pleasant View
Farms Realty
A
motion was made by Peter Chipouras, seconded by Lise Wood and unanimously voted
to approve Pleasant View Farms Realty’s Special Use Permit Application for a
Gravel Bank on South Road, with a bond of $39,000.00, with the conditions that
the stumps not be buried on the site and the access road is maintained properly,
for the period of July 1, 2005 to June 30, 2006.
d.
Discussion/Possible Decision: Special Use Permit Application for Gravel
Bank, Stafford/Root/Wood Roads, Wood Gravel Operation LLC
Lise
Wood recused herself from this portion of the meeting.
A
motion was made by Jill Conklin, seconded by Peter Chipouras and unanimously
voted to approve Wood’s Special Use Permit Application for a Gravel Bank on
Stafford/Root/Woods Roads, with a bond of $25,886.00 for the period of July 1,
2005 to June 30, 2006.
Discussion
followed about the access road to the gravel bank and if it would be possible to
get closer to a state road than it is currently. Jim Taylor noted that the operation is
winding down at this time. It was
added that Wood Road is too narrow and not graded properly for the large trucks
to use. It was the consensus of the
Commission not to require changing the access road at this
time.
Lise
Wood rejoined the meeting at this time.
V.
NEW
BUSINESS
No
New Business was presented.
VI.
DISCUSSION: PLAN OF CONSERVATION AND
DEVELOPMENT
Commissioners
discussed the joint meeting with the Planning Commission held on May 23,
2005. Everyone enjoyed the meeting
and felt they received a lot of useful information.
The
Board of Selectmen is working to establish an ad hoc Design Review Study
Committee for the purpose of determining what a Design Review Committee’s duties
would be for the Town, and a volunteer from both the Planning and Zoning
commissions is needed to serve on the committee. Each of the members present expressed
interest in serving on the committee.
Because there were several Commission members absent from this meeting,
it was decided to make a final decision at the next meeting. Patrice Carson will email the remaining
Commissioners to let them know about the Committee and the search for a
volunteer. She will also check with
the First Selectmen to see whether two volunteers could
participate.
VII. STAFF/COMMISSIONER
REPORTS
Zoning
Enforcement Officer James Taylor presented his report for the Commissioners to
review and he offered to answer any questions. Mr. Taylor reported that he had received
a letter, which he summarized, from Mr. Stedding regarding activities at Growers
Direct.
A
motion was made by Lise Wood, seconded by Jill Conklin and unanimously voted to
accept the Zoning Enforcement Officer’s Report as
presented.
VIII. CORRESPONDENCE AND
BILLS
No
correspondence was presented. Mrs.
Carson noted year-end invoices are due by July 8, 2005.
A bill in the
amount of $47.22 was received from the Journal Inquirer for the meeting of April
25, 2005. A motion was made by Lise
Wood, seconded by Peter Chipouras and unanimously voted to pay the
bill.
IX.
ADJOURNMENT
A motion was
made by Lise Wood, seconded by Jill Conklin and unanimously voted to adjourn the
June 6, 2005 Zoning Commission meeting at 8:15 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 June 6, 2005
Covering the Weeks of 4/24/2005 thru 5/29/2005 Activities listed by
Address
Zoning Permits issued
-----28
Certificates of Occupancy issued----13
Enforcement
activity:
1.
87 Main St. R. Frangiamore. Section 214-98-24 (Non-Permitted Contractor’s Yard).
Requested Compliance.
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.
36 School St. D. Jones. Section 214-98 (Storage of Junk). Approximately 80%
Compliance. Will Follow-up.
4.
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. 2/28/05
No Change. 3/31/05 Land Use Department is working with Mr. Vono to resolve this
matter. 5/2 Resolution Pending.
5.
60 Springfield Rd., J. Gosselin. Section 214-56.B. & C. (Signs to be removed
due to businesses being closed). 5/2 Issued Cease & Desist
Order.
6.
106 Stafford Rd. A. Maffeo. Section 214-94.C. (Non-Permitted Construction
Trailer). Requested Comploance.
7.
78 Michele Dr. J. Trask. Section 214-101 (Failure to obtain Zoning Permit) and
Section 214-98.A. (Failure to comply with front yard set-back requirement).
Requested Compliance. 4/21/05 Owner has applied for a Variance. 5/2 Variance
Denied. Waiting for Appeal Period to Pass.
8.
482 Pinney Rd. T. Hinkle. Section 214-101 (Failure to obtain Zoning Permit) and
Section 214-98.A. (Failure to comply with front yard set-back requirement).
Requested Compliance. Owner is in process of applying for a
Variance.
9.
507 Main St., S. Lombard. Section 214-57 (Non-Permitted Signs). Violation
Eliminated
10.
111 Main St. DLB Realty. Section 214098.B (Failure to obtain Site Plan Approval
for new Business. Violation Eliminated.
11.
134 Bilton Rd. B. Stewart. Section 214-101 (Failure to obtain Zoning Permit for
Accessory Structure. Issued C & D. Order.
12.
164 Hampden Rd. Growers Direct. Section 214-67 (Removal of Earth Products
without Special Use Permit) and 214-101 (Failure to obtain Site Plan Approval
for Site Changes and Improvements.
13. 635 Main St. Gift Shop. Section 214-56
(Non-Permitted Signs). Requested Compliance.
14. 11 South Rd. Beauty Shop. Section
214-58-5. (Portable Sign) Violation Eliminated.
15.
154 Main Street. J. Foss. Section 214-98. B & C. (Non-Permitted Dwelling
Unit in Business Zone. Issued C & D Order.
NOTE:: Attached to the
chairman’s copy of this report are copies of the 28 signed zoning permits and 13
C.O’s
Respectfully
submitted:
James R.
Taylor
Zoning Enforcement
Officer