ZONING
COMMISSION
P.O. BOX 308
Monday, November 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 Klein, Lise
Wood, and Alternate Member Jill Conklin (seated for Peter Chipouras) were
present and constituted a quorum.
Town Planner Patrice Carson and Zoning Enforcement Officer James Taylor
were also in attendance.
A motion was
made by Lise Wood, seconded by Anita Calder and unanimously voted to approve the
Minutes of the October 3, 2005 meeting as written.
III.
OLD
BUSINESS
a.
Other
- There was no Old Business.
IV.
NEW
BUSINESS
a.
Site Plan Application for Outdoor Growing Areas, 164 Hampden Road, Grower
Direct Farms
Lise
Wood recused herself from the meeting for this item.
Neither
the applicant nor his representative were present although it was anticipated
that they would be at the meeting.
The Commission reviewed the site plan.
Mr.
Klein noted that it is of concern that over 1,000 square feet of gravel has
already been reported as being moved off of the site. Regulations require that the relocation
more than 1,000 square feet of gravel from one site to another requires a
permit, which the applicant has not applied for.
Discussion
also followed that there may currently new buildings of some kind on the site,
but the application makes no reference to any sort of buildings. It was noted that should the application
be accepted as presented, approval would only be given for the growing areas and
surrounding walkways shown on the plans, and not for any additional structures
that may already have been placed on the site.
It
was the consensus of the Commission that no action could be taken, including the
forwarding of the plans to the Planning Commission, without first reviewing the
plans with the applicant and/or his representative. Jim Taylor will notify the applicant of
the need for his attendance at the next Zoning Commission
meeting.
A
motion was made by Jill Conklin, seconded by Anita Calder and unanimously voted
to accept the application but not to act upon it until further information is
received.
Lise
Wood returned to the meeting at this time.
b.
Other
- There was no other New Business.
V.
DISCUSSION: PLAN OF CONSERVATION AND
DEVELOPMENT
The
next POCD meeting is scheduled for next Monday, November 14, 2005, at 7:00
p.m. Mrs. Carson asked that the
Commissioners come to that meeting prepared to schedule a follow-up
meeting.
VI.
STAFF/COMMISSIONER
REPORTS
Zoning
Enforcement Officer Jim Taylor presented his report for review. He also asked if the Commissioners would
like to have any changes to the formatting of his future reports. It was suggested that when noting
specific dates within the various items, that each new date be set at the
beginning of a new line in order to avoid any potential confusion. Mr. Taylor will make this change on
future reports.
A
motion was made by Lise Wood, seconded by Jill Conklin and unanimously voted to
accept the Zoning Enforcement Officer’s report.
Mr.
Klein reported that the Commission has received copies of correspondence
regarding Worthington Pond Farm.
One of the letters is from Attorney Hal Cummings to Town Attorney Carl
Landolina and another is from Mr. Kenneth Prior to Mr. Cummings. The correspondence includes information
about blasting taking place in mid-August on Worthington Pond Farm. It was noted that the Somers Fire
Marshal approved the blasting.
Questions
arose as to why it took so long for the information to reach the Zoning
Commission and it was explained that one of the Zoning Commission meetings was
cancelled and that Attorney Landolina had been out of town for a while as
well.
The
correspondence also includes information concerning the period of September 3
through September 6, 2005, during which time there was a constant stream of
tri-axel dump trucks moving gravel and logs off site and relocating it onto Mr.
Roulier’s Cooksville property. It
is estimated that approximately 2,160 yards of materials were moved. It was also noted that some conduit was
exposed.
Mr.
Prior’s letter includes photos of signs posted on the truck and the wagon, but
no permits have been given. Mrs.
Carson reported one sign is
permitted according to the Special Use Permit.
Mr.
Taylor reported that Attorney Landolina contacted him about the correspondence
and advised that the situation should be addressed. It is important to take care of
potential violations to protect the Town from potential
lawsuits.
It
was the consensus of the Zoning Commission to ask Jim Taylor to contact Mr.
Roulier regarding these activities on Worthington Pond Farm and to inquire as to
why he did not seek a permit prior to engaging in such actions. Mr. Taylor would also conduct a site
visit.
VII.
CORRESPONDENCE AND
BILLS
Mr. Klein has
received information from the North Central Conservation District about the
Wildlife Habitat Incentive Program (WHIP) on November 17, 2005 from 7:00 to 8:30
at the Tolland Agricultural Center.
The program is free of charge.
Mrs. Carson has
received notice from the Connecticut Department of Environmental Protection
regarding renewal of their diversion permits.
She has also
received information from the Connecticut Federation of Planning and Zoning
Agencies regarding a one-half year membership which will provide quarterly
newsletters, discounts on books, workshops, and the ability to call in and ask
legal questions. Mrs. Carson
suggested that this would be an informative and interesting agency to become
involved with and she recommended joining.
She was not sure which type of membership would be best suited to our
needs, but would be willing to look into this.
A motion was
made by Lise Wood, seconded by Anita Calder and unanimously voted to approve the
Town Planner to expend between $15.00 and $45.00 for the membership. Mrs. Carson will contact the Agency to
determine what type of membership to get.
A bill in the
amount of $173.14 was received from the Journal Inquirer for a legal notice for
the October 3, 2005 public hearing.
A motion was made by Lise Wood, seconded by Anita Calder and unanimously
voted to pay the bill as presented.
Mrs. Carson also
reported that she has been contacted by The Hartford Courant regarding moving
our legal notice business to their newspaper. She is looking into this
further.
VIII.
ADJOURNMENT
A motion was
made by Lise Wood, seconded by Jill Conklin and unanimously voted to adjourn the
November 7, 2005 Zoning Commission meeting at 7:55 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 November 7, 2005
Covering the Weeks of 10/02/2005 thru 10/30/2005 Activities listed by
Address
Enforcement
activity:
Page 1 of
2.
1.
25 Dennison Rd. J. Reddicks. Section 214-38.H.(Location of Buildings Housing
Animals). 10/06/05 Issued Cease & 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.
150 Stebbins Road. J. Galinski. Section 214-98.24 (Operation of non-permitted
Contractor’s Yard. 10/12/05 Requested Compliance.
4.
701 Stafford Rd. R. Bourque. Sections 214-98 & 214-60 (Storage of Junk &
Unregistered Vehicles). 9/26/05
Issued Cease & Desist Order. 10/10/19/05 90% Compliance. Will follow
up.
5.
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. 10/13/05 No progress on a resolution to
this matter. Issued Cease & Desist Order.
6.
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. 10/11/05 Violation
Eliminated.
7.
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. 10/12/05 Property Owner has agreed to
complete compliance on or before 11/10/05.
8.
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. 10/11/05 Sent letter to Growers Direct setting a
deadline of October 17, 2005 for submission of Site Plan Application. Subject
application was received in the Land Use Department on October 14,
2005.
9.
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. 11/1/05 Violation Eliminated.
10.
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
11/01/05 Violation Eliminated.
11.
629 Main Street. Somers Pharmacy, Section 214-58.7 (Signs/Banners). Requested
Compliance
34
Schneider Rd. D. Caverly. Section 214-98.24 (Contractor’s Yard). Commenced
Enforcement Action.
Respectfully submitted:
James R.
Taylor
Zoning Enforcement
Officer