TOWN OF SOMERS

ZONING COMMISSION

P.O. BOX 308

SOMERS, CONNECTICUT 06071

ZONING MINUTES

REGULAR MEETING

Tuesday, September 6, 2005

7:00 p.m. Town Hall

I. CALL TO ORDER

Chairman Peter Klein called the regular meeting to order at 7:10 p.m. Members Anita Calder, Peter Klein, Lise Wood and Alternate Members Jon Normand (seated for Rob Martin) and Wes Smith (seated for Peter Chipouras) were present and constituted a quorum. Town Planner Patrice Carson was also present.

II. MINUTES APPROVAL – June 6, 2005

A motion was made by Lise Wood, seconded by Jon Normand and unanimously voted to approve the minutes of the June 6, 2005 meeting as presented.

III. OLD BUSINESS

a. Other: No old business was presented.

III. NEW BUSINESS

a. Special Use Permit Application for Trailer for Storage of Construction Equipment, 79 Egypt Road, Ladd

The Commission reviewed copies of the applicant’s plan as well as his statement regarding his intended use for the currently vacant parcel situated in an industrial zone. Mr. Ladd is applying to put a construction trailer at 79 Egypt Road for the purpose of storing equipment. The plan includes the installation of a fence, which will be set up so as to enclose a 150-foot by 150-foot area on which the trailer will be placed.

The Commissioners requested information as to the type, size and style of the trailer and the height and style of the fence. A question also arose as to the amount of screening the fence will provide for the trailer and also the type, if any, of lighting that the applicant would like to install. Mrs. Carson will ask Mr. Ladd to provide the answers to these questions.

A motion was made by Lise Wood, seconded by Jon Normand and unanimously voted to accept the application, refer it to the Planning Commission, and set a date for public hearing on October 3, 2005 at 7:00 p.m. in the Town Hall.

b. Special Use Permit Application for Gravel Bank, South Road, Charter

The Commission reviewed the application and plans. The applicant would like to remove gravel from the new area and then move fill material from the existing gravel pit area to fill in the new area. The new gravel area material is more valuable and easier to sell. The older gravel area is fill that the operator has not been able to sell. While the application does not impact wetlands, it will require referral to CRCOG. In addition, a portion of the premises is situated in Ellington, so the application will need Ellington approval as well.

It was noted that the operation times for the gravel bank will need to be changed on the plans from 7:20 a.m. to 7:30 a.m., so as to conform with Zoning Regulations.

A motion was made by Lise Wood, seconded by Anita Calder and unanimously voted to accept the application, pending modification to the hours of notification posted on the plans, refer it to the Planning Commission and CRCOG, and set a date for public hearing on October 3, 2005 at 7:00 p.m. at the Town Hall.

c. 2004 – 2005 Annual Report

Patrice Carson will be emailing a draft of the report to Commission members and asks that they send any comments back to her, as well as forwarding copies of their comments to the others on the Commission.

d. Other – Discussion Regarding Amending Fees for Age Restricted Housing Applications

A motion was made by Lise Wood, seconded by Wes Smith and unanimously voted to add to the Agenda DISCUSSION: AMENDING FEES FOR AGE RESTRICTED HOUSING APPLICATIONS.

Mrs. Carson explained that the Zoning Regulations do not stipulate a specific application fee for ARH applications which require a Special Use Permit. The fees should probably be similar to what is charged for a subdivision because similar review work has to be done by staff. This would involve a fee based upon the number of building lots or units as well as the amount of new and existing roadway involved in the project.

Because the review of ARH applications is very involved and requires extensive work by all staff including the Town Engineer and Town Attorney, it was suggested that the Commission consider amending the application fee regulation in order to outline a specific way for assessing ARH application fees.

Differences between ARH applications and subdivision applications were discussed. Roads involved are mostly private for ARH projects and this is not the case with subdivisions. Also, the plans for ARH do not require a lot-by-lot review as with subdivision applications. Public water is required used for ARH, not wells. The Commission discussed basing the fee for ARH applications on the number of housing units in the application. For example, an application with 1 to 25 units will be charged $100.00 per unit. An application with 26-50 units will be charged $100.00 for each of the first 25 units and then $75.00 for each next 26 to 50 units. An application with 51 and above units will be charged $100.00 for the first 25 units, $75.00 for each of the next 25 units, and $50.00 for each unit above that number.

Mrs. Carson noted that any proposed change to the Zoning Regulations must be referred to the Planning Commission, CRCOG, and presented before a public hearing.

Discussion followed as to whether or not collecting such a fee would cover the costs of reviewing the application.

A motion was made by Lise Wood, seconded by Jon Normand and unanimously voted to accept the proposal for the change in application fees for ARH, refer it to the Planning Commission, CRCOG and the Town Attorney for their review, and set a date for public hearing on October 3, 2005 at 7:00 p.m. at Town Hall.

V. DISCUSSION: PLAN OF CONSERVATION AND DEVELOPMENT

Mrs. Carson is not available to attend the next Joint P&Z meeting currently scheduled for Monday, September 12, at 7:00 pm. It was the consensus of the Commission to cancel this meeting and to ask Mrs. Carson to check with the Planning Commission to see if they are available to meet on a Monday or Wednesday evening in October.

VI. STAFF/COMMISSIONER REPORTS

Reports dated June 5 through July 17, 2005 and July 24 through August 28, 2005 were received from James R. Taylor, Zoning Enforcement Officer. The Commission reviewed them and a motion was made by Jon Normand, seconded by Lise Wood and unanimously voted to accept the reports.

Town Planner Patrice Carson said that the Somers Day Spa on South Road owned by Laura Jacowitz is being enlarged to approximately twice its current size. It will now be at 60% lot coverage. Approvals for the expansion is taking place in-house.

Also under in-house site review is the construction of new concrete silos at Henry’s Concrete located at the end of Vasalie Road.

VII. CORRESPONDENCE AND BILLS

A letter was received from the First Selectman announcing that the old firehouse has been officially converted to the new police station. There will be an open house there on September 15, 2005 at 10:00 a.m.

This year’s contract for Wetland Agent David Askew was presented for review and signature.

There will be a free workshop entitled “Terrace Escarpment Slopes In Your Town” at 7:00 p.m. on September 15 at the East Windsor Town Hall.

A letter to David Askew from H. R. Steding, 153 Hampden Road, was carbon-copied to the Zoning Commission which they reviewed.

A bill in the amount of $25.00 was presented from CAZEO for the Town Planner’s yearly dues. A motion was made by Lise Wood, seconded by Jon Normand and unanimously voted to pay the bill.

VIII. ADJOURNMENT

A motion was made by Lise Wood, seconded by Jon Normand and unanimously voted to adjourn the September 6, 2005 Zoning Commission meeting at 8:35 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 July 25, 2005

Covering the Weeks of 6/5/2005 thru 7/17/2005 Activities listed by Address

Zoning Permits issued -----35 Certificates of Occupancy issued----10

Enforcement activity:

Page 1 of 2.

1. 87 Main St. R. Frangiamore. Section 214-98-24 (Non-Permitted Contractor’s Yard). 6/9/05, Issued Cease and Desist Order

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). 6/13/05, Violation Eliminated

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. 6/14/05 Excess Pavement issue has been resolved by Site Plan Modification. Excess Pavement to be removed prior to issuance of Certificate of Occupancy.

5. 11 South Rd., Beauty Salon. Section 214-58.5. (Sign) Requested Compliance).

6. 106 Stafford Rd. A. Maffeo. Section 214-94.C. (Non-Permitted Construction Trailer). 6/14/05 Violation Eliminated.

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. 7/14/05 Owner has applied for permit to place building in rear yard.

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. 7/12/05 Issued Cease and Desist Order.

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. 7/14/05 This matter is in process of being resolved. Waiting for authorization from additional owners.

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. 7/14/05 Site plan application in process of being prepared for submission according to Mike Mocko of Ward Engineering.

13. 635 Main St. Gift Shop. Section 214-56 (Non-Permitted Signs). Violation Eliminated.

14. 154 Main Street. J. Foss. Section 214-98. B & C. (Non-Permitted Dwelling Unit in Business Zone. Issued C & D Order. 6/28/05 Violation Eliminated.

15. 141 Main St. L. Moule. Section 2-4-58 (Signs). Issued Cease and Desist Order.

16. 64 Main St. A. Sonski. Section 214-98 (Storage of Junk) and 214-60 (Unregistered Vehicles). Requested Compliance.

17. 368 Main St. Golf Range. Section 214-57 (Signs) Requested Compliance.

NOTE:: Attached to the chairman’s copy of this report are copies of the 35 signed zoning permits and 10 C.O’s

Respectfully submitted:

James R. Taylor

Zoning Enforcement Officer

Town of Somers Zoning Enforcement Officer

For the Zoning Commission Meeting of Sept 6, 2005

Covering the Weeks of 7/24/2005 thru 8/28/2005 Activities listed by Address

Enforcement activity:

Page 1 of 2.

1. 87 Main St. R. Frangiamore. Section 214-98-24 (Non-Permitted Contractor’s Yard). 6/9/05, Issued Cease and Desist Order. 8/30,05 Approx. 80% Compliance, will continue follow-up.

3. 16 King Rd. R. Olejarz. Sections 214-98 & 214-60 (Storage of Junk & Unregistered Vehicles) and Section 2140101 (Failure to obtain Zoning & Building Permits). Requested Compliance.

4. 31 Sunshine Farms. D. Brierley. Section 214-101 (Failure to obtain Zoning & Building Permits. Requested Compliance.

5. 11 South Rd., Beauty Salon. Section 214-58.5. (Sign) 8/29/05 Violation Eliminated.

6. 32 Stillmeadow La. R. Oswald. Section 214-60 (Storage of Unregistered Vehicles) Requested Compliance.

9. 119 Shaker Rd. RHL Trust. Section 214-98 Non-permitted dumping of Yard Waste. Requested Compliance.

10. 111 Rosehaven Rd. E. Legere. Section 214-98 Disposal & Burial of Junk Materials. Requested Compliance.

11. 134 Bilton Rd. B. Stewart. Section 214-101 (Failure to obtain Zoning Permit for Accessory Structure. Issued C & D. Order. 8/29 Violation Eliminated.

13. 635 Main St. Gift Shop. Section 214-56 (Non-Permitted Signs). Violation Eliminated.

14. 67 Springfield Rd. R. J. Hicks. Section 214-98.A. (Parking Area within 10 foot set-back requirement. Requested Compliance.

15. 141 Main St. L. Moule. Section 2-4-58 (Signs). Issued Cease and Desist Order. Violation Eliminated.

16. 64 Main St. A. Sonski. Section 214-98 (Storage of Junk) and 214-60 (Unregistered Vehicles). Requested Compliance. 7/26 Issued C & D Order.

17. 368 Main St. Golf Range. Section 214-57 (Signs) Requested Compliance. 8/29 Violation Eliminated.

18. 203 Florida Rd. R. Burgess. Section 214-101 (Failure to obtain Zoning Permit). Requested Compliance.

19. 35 Cricket La. S. Oliver. Section 214-98. B. 1 (Two Dwelling Units on one lot). Requested Compliance.

Respectfully submitted:

James R. Taylor

Zoning Enforcement Officer