TOWN OF SOMERS

TOWN OF SOMERS

ZONING COMMISSION

P.O. BOX 308

SOMERS, CONNECTICUT 06071

ZONING MINUTES

REGULAR MEETING

Monday, October 3, 2005

7:00 p.m. Town Hall

I. PUBLIC HEARINGS

The public hearings opened at 7:04 p.m. Patrice Carson read the public notice for all three public hearings.

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

Chet Ladd reviewed the plans for his 8-acre parcel on Egypt Road. He would like to install a temporary fence to enclose a 150-foot square area. A 10-foot by 32-foot construction trailer is to be placed within the fenced area. In approximately one year, the applicant intends to seek site plan approval for a construction project on this parcel. He expects to maintain it as proposed in his plans until such time.

Mr. Klein inquired as to whether or not Mr. Ladd had spoken to CL&P regarding the installation of lighting on the utility pole. Mr. Ladd has not yet spoken to them, but intends to do so and will ask that the lighting, when installed, be directed inward, away from the street. Mr. Klein reminded the applicant that he needed to get the approval of the Zoning Enforcement Officer for any lighting that is to be installed.

Mrs. Carson noted that this application falls under the purview of Section 214-92.C.(1) and (2) of the Somers Zoning Regulations. She also said that the Planning Commission has reviewed the application and sent back a recommendation that the Zoning Commission approve the application, with the comment that this is a good use for the industrial site.

There being no comments from the audience, a motion was made by Lise Wood, seconded by Rob Martin and unanimously voted to close the public hearing on this Special Use Application at 7:10 p.m.

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

Peter Charter presented his plans for approximately 2-1/2 acres of his gravel pit, reminding the Commission of his intentions to deepen an area of the pit, move the fill from another area this site, sell the fill and then close both areas and use them to plant corn.

Mrs. Carson has discussed the bond information with Merv Strauss, Town Engineer, and the bond recommendation has been confirmed at $63,375.00, contingent upon a 50% refill of the pit.

Mr. Charter noted that the Town of Ellington approved his application at their September 26 meeting.

There being no comments from the audience, a motion was made by Robert Martin, seconded by Lise Wood and unanimously voted to close the public hearing on this Special Use Permit Application at 7:15 p.m.

c. Proposed Zoning Regulation Amendment: Section 214-128, Special Use Permit Fees for Age-Restricted Housing

Mrs. Carson explained that after going through the regulations for Age Restricted Housing, it came to light that there was no fee specific to such an application and there should be one in order to cover some of the Town's costs in reviewing these types of applications.

She explained that the proposed fee has been set up similarly to the subdivision fee but rather than being based on the number of lots, it was based on the number of units. There is a base fee to which a per-unit fee will be added. In addition there will be a charge levied according to each 100 feet of new road and each 50 feet of existing road. A $50.00 per building fee is added for sedimentation and erosion control measures review. The state fee will be added to this at the current rate, which changes periodically. At this time, it is $30.00.

The Planning Commission, CRCOG, and the Town Attorney have reviewed the proposed fee schedule and have found it to be acceptable.

Rob Martin inquired as to what other Towns do regarding this and Patrice Carson explained that they usually charge on a per unit basis.

Mrs. Carson also noted that should the amendment to the regulation be approved at this meeting, it will become effective the day after notice of the approval has been published in the newspaper.

A motion was made by Lise Wood, seconded by Anita Calder and unanimously voted to close the public hearing for this Regulation Amendment at 7:20 p.m.

II. CALL TO ORDER

Chairman Peter Klein called the regular meeting to order at 7:21 p.m. Members Anita Calder, Peter Chipouras, Peter Klein, Robert Martin, Lise Wood and Alternate Member Jill Conklin were present and constituted a quorum. Town Planner Patrice Carson was also in attendance.

III. MINUTES APPROVAL

A motion was made by Lise Wood, seconded by Peter Chipouras and unanimously voted to approve the minutes of the September 19, 2005 meeting as written.

IV. OLD BUSINESS

a. Discussion/Possible Decision: Special Use Permit Application for Construction Trailer, 79 Egypt Road, Ladd

A motion was made by Lise Wood, seconded by Anita Calder and unanimously voted to approve Ladd’s special use permit application for a construction trailer at 79 Egypt Road. The applicant will need to have his lighting approved by the Zoning Enforcement Officer.

b. Discussion/Possible Decision: Special Use Permit Application for Gravel Bank, South Road, Charter

A motion was made by Robert Martin, seconded by Peter Chipouras and unanimously voted to approve Charter’s special use permit application for a gravel bank on South Road with 2 conditions: (1) the permit will expire on June 30, 2006, (2) and the bond will be $63,375.00.

c. Discussion/Possible Decision: Proposed Zoning Regulation Amendment: Section 214-128, Special Use Permit Fees for Age-Restricted Housing Applications

A motion was made by Lise Wood, seconded by Anita Calder and unanimously voted to approve the proposed Zoning Regulation amendment to Section 214-128, Special Use Permit Fees for Age-Restricted Housing Applications as presented. The effective date of the amendment will be the day after the publication date in the newspaper.

d. Other

A motion was made by Peter Klein, seconded by Peter Chipouras, and unanimously voted to add Discussion: Possible Zoning Enforcement Officer Action on Enforcement of Violation at 164 Hampden Road, Grower Direct to the agenda.

Lise Wood recused herself from the meeting at this time, and Jill Conklin was seated in her place.

Peter Klein noted that the Zoning Enforcement Officer's report attached to the September 19, 2005 Minutes stated that a Cease and Desist Order was issued on May 18, 2005. It also reported that the work was 80% completed approximately one month ago. Being concerned over this, as well as receiving communication threatening legal action from a neighbor of the site, Mr. Klein spoke with Jim Taylor recently and was told that he, as Zoning Enforcement Officer, had been prevented from further enforcement and action, and without the Zoning Commission's further prompting for action, none would be taken.

Discussion followed about the reported activities on the site and the Commission was brought up-to-date on recent happenings. Currently, no application has been filed for any activity taking place. Upon inspection by Zoning Enforcement Officer Jim Taylor, it has been noted that much has been occurring, including non-permitted gravel bank operation activity and a possible violation of inland wetland regulations as well. Mr. Taylor has sent a letter to Grower Direct, but received no response from them.

A motion was made by Robert Martin, seconded by Peter Chipouras, and unanimously voted to ask the Zoning Enforcement Officer to send a certified letter to Grower Direct regarding the removal of earth products without a Special Use Permit as well as the failure to obtain site plan approval for site modifications and improvements. Failure on the part of Grower Direct to respond to the notification with a complete Site Plan by October 17, 2005, will result in the Zoning Enforcement Officer's taking action on the May 18, 2005 Cease and Desist Order.

At this time, Lise Wood returned to the meeting and Jill Conklin stepped down from being seated for her.

V. NEW BUSINESS

a. Other

A motion was made by Anita Calder, seconded by Lise Wood and unanimously voted to add Connecticut Conference of Municipalities Seminars and Workshops to the agenda.

Mrs. Calder presented information regarding the October 18, 2005 Connecticut Conference of Municipalities Seminars and Workshops to be held at the Hartford Convention Center. Included in this is a workshop on Design Review Boards which may include much helpful information.

She suggested that if Mrs. Carson is available, it might be helpful to have her attend on behalf of the Town. Mrs. Carson stated that she is available to attend. The fee, which increases on a sliding scale as the seminar date approaches, is currently $85.00, and will remain at such a rate only until October 11, 2005, at which time it increases dramatically. It was suggested that since the information gained at the seminar might be helpful with other Commissions as well, perhaps the fee might be split with them and/or the Board of Selectmen. Mr. Klein will speak with David Pinney to see if an arrangement can be made to share the registration fee.

A motion was made by Lise Wood, seconded by Peter Chipouras, and unanimously voted to authorize Mrs. Carson to attend the October 18th conference.

VI. DISCUSSION: PLAN OF CONSERVATION AND DEVELOPMENT

It was the consensus of the Commission to suggest the date of November 14, 2005 as the first choice for a joint meeting with the Planning Commission, with a second choice of November 28, 2005.

VII. STAFF/COMMISSIONER REPORTS

Mrs. Carson reported that during the month of September, 24 Zoning Permit applications were reviewed, and 23 were issued. Also, applications for 6 Certificates of Occupancy were reviewed and 5 were issued.

Also, at the request of the Zoning Commission, Mrs. Carson looked into Dr. Quarshi’s Special Use Permit application. It was approved on December 7, 2004. Since construction work has commenced on the building, the application does not expire until December 7, 2006.

Mrs. Carson has been asked to speak at the Regional Planning Association Meeting on November 9th and 10th in Newport, Rhode Island, regarding Somers and its look at Flexible Zoning as well as other issues. Since the registration fee of $150.00 would need to be paid, Mrs. Carson is asking that the Zoning Commission pay $75.00 of this fee, and the Planning Commission pay the remaining $75.00.

A motion was made by Robert Martin, seconded by Lise Wood and unanimously voted to pay one-half of the $150.00 registration fee ($75.00) for Mrs. Carson's attendance at the Regional Planning Association Meeting on November 9 and 10, 2005.

The Commission reviewed the Zoning Enforcement Officer's report. It was requested that in future reports, Mr. Taylor should include specific information about the type and location of the signs that are removed which are in violation.

Also, with respect to the activity on the Pinney Farm during the fall season, Mr. Taylor told Mr. Klein that he has not received any complaints regarding zoning violations on the site. In addition, the sale of food on the site would not be a Zoning issue, rather a Health Code violation. Mr. Taylor suggested that the Commission give him authority to compose and mail a letter to all the Somers farmers requesting that they provide him information concerning any types of activities they are planning to hold on their farms during the coming year. This would give the Commission information as to what types of permits will be required and enable them to forewarn the farms of the need to apply for them. It was the consensus of the Commission to ask the Zoning Enforcement Officer to send such a letter to each of the Somers Farms.

A motion was made by Lise Wood, seconded by Rob Martin and unanimously voted to accept the reports of the Town Planner and the Zoning Enforcement Officer.

VIII. CORRESPONDENCE AND BILLS

Mrs. Carson has received notice of a one-half day seminar on affordable housing.

Anita Calder suggested that everyone watch a program scheduled to be on CPTV this Thursday evening (tomorrow) from 8:00 - 9:00 p.m. entitled "Sprawl Driven by Denial."

IX. ADJOURNMENT

A motion was made by Lise Wood, seconded by Robert Martin and unanimously voted to adjourn the October 3, 2005 Zoning Commission meeting at 8:11 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 October 3, 2005

Covering the Weeks of 9/11/2005 thru 9/25/2005 Activities listed by Address

Enforcement activity:

1. 25 Dennison Rd. J. Reddicks. Section 214-38.H.(Location of Buildings Housing Animals). 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. 539 Billings Rd. D. Tullock. Section 214-57 (Signs). Issued Cease & Desist Order. Violation eliminated 9/26/05.

4. 701 Stafford Rd. R. Bourque. Sections 214-98 & 214-60 (Storage of Junk & Unregistered Vehicles). Requested Compliance. 9/26/05 Issued Cease & Desist Order.

5. 32 Stillmeadow La. R. Oswald. Section 214-60 (Storage of Unregistered Vehicles) Requested Compliance. 9/15/05 Partial compliance. Will follow-up. 9/27/05 Violation Eliminated.

6. 16 Birch Hill Dr. R. Mohammah. Section 214-101 (Failure to obtain Zoning Permit for Accessory Structure. Requested Compliance. 9/22/05 Spoke with owner’s attorney. They are in process of how to best come into compliance.

7. 119 Shaker Rd. RHL Trust. Section 214-98 Non-permitted dumping of Yard Waste. Requested Compliance. 9/15/05 Approximately 60% compliance. Will follow-up. 9/22/05 It was agreed that full compliance should be met by 10/10/05

8. 111 Rosehaven Rd. E. Legere. Section 214-98 Disposal & Burial of Junk Materials. Requested Compliance. 9/13/05 Clean-up has commenced. Property owner will need some time for total compliance. 9/27/05 Additional progress has been made.

9. 491 Main St. D. Reutter. Section 214-57 (Non-permitted Signs) Issued Cease & Desist Order. 9/26/05 Violation Eliminated.

10. 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. 9/06/05 Spoke with Mike Mocko. Site Plan is approximately 80% prepared. He was advised to expedite the Site Plan Application. 9/16/05 No change. Commission may want consider setting a deadline for the submission of a Site Plan application in order for Growers Direct to avoid Enforcement of the Cease & Desist Order which was issued on May 18, 2005. 10/3/05 Commission to consider deadline for submission of completed Site Plan application.

11. 25 Dennison Rd. J. Reddicks. Section 214-38.H. (Location of building housing animals). Requested Compliance.

12. 67 Springfield Rd. R. J. Hicks. Section 214-98.A. (Parking Area within 10 foot set-back requirement. Requested Compliance. 9/15/05 In process of moving Parking Area.

13. Eliminated seven randomly placed non-permitted signs.

14. 64 Main St. A. Sonski. Section 214-98 (Storage of Junk) and 214-60 (Unregistered Vehicles). Requested Compliance. 7/26 Issued C & D Order. 9/15/05 Approx. 80% compliance. 9/28/05 Mr. Sonski has until October 13, 2005 to completely eliminated violations in order to avoid injunctive action in Superior Court.

15. 35 Cricket La. S. Oliver. Section 214-98. B. 1 (Two Dwelling Units on one lot). Requested Compliance. 9/15/05 Compliance pending. 9/27/05 Violation Eliminated.

Respectfully submitted:

James R. Taylor

Zoning Enforcement Officer