ZONING
COMMISSION
P.O. BOX 308
Monday, November 21,
2005
7:00 p.m. Town
Hall
I.
CALL TO ORDER
Chairman Peter
Klein called the regular meeting to order at 7:05 p.m. Members Peter Chiporas, Peter Klein, Rob
Martin, Lise Wood, and Alternate Members Jill Conklin and Wes Smith (seated for
Anita Calder) were present and constituted a quorum. Town Planner Patrice Carson was also in
attendance.
A motion was
made by Lise Wood, seconded by Peter Chiporas and unanimously voted to approve
the Minutes of the November 7, 2005 meeting as written.
III.
OLD
BUSINESS
a.
Site Plan Application for Outdoor Growing Areas, 164 Hampden Road, Grower
Direct Farms
Jill
Conklin was seated for Lise Wood who recused herself from the meeting for this
item.
Both
the applicant, Mr. Van Wingerden and his representative, Mike Mocko, were
present and reviewed the site plan with the Commission. The plans consist of a proposed outdoor
growing area and a curtain house, which provides temporary crop protection from
hard rain and frost during the shoulders of the season in early spring and late
fall. It is similar to the netting
used for shade tobacco, but kept up for less time. The structure is like an erector set and
the poles stay up but the covering is removed. The plan also included a small extension
of the current parking area where the roadway is being moved to facilitate the
squaring off of existing beds.
The
growing area is 528 feet in length and 378 feet in width. There will be three (3) terraced growing
beds with about a nine (9)-foot rise for each terrace. The curtain house is across from the
existing greenhouse on top of an existing growing area. All of the area that is currently or
proposed to be growing area was graveled in the 1960’s and 70’s and there are
more wetlands on the property now than when Mr. Van Wingerden purchased it 24
years ago.
The
Commission expressed concern that it has taken him so long to comply with a
Cease & Desist order issued in May, 2005.
After
the Cease & Desist was issued in May, 2005, and after talking to Jim Taylor,
ZEO, Mr. Van Wingerden continued to work with the understanding that he would
come in with a Site Plan.
The
Commission questioned whether the application fits under the exemption of
Section 214-68.C. normal agricultural operations. The Commission decided that the
application did not meet the exemption since there is still approximately 14,000
cubic yards of gravel which needs to be removed from the site since storage on
site is difficult due to the location of the woods, wetlands, and
slopes.
The
Commission wondered the status of the Cease & Desist and if they would be
put in a bad spot if they allowed Mr. Van Wingerden to work without an approved
Site Plan. The Commission also
expressed it’s frustration with issuing another after-the-fact
permit.
Mr.
Van Wingerden also has a Wetlands Application before the Conservation
Commission. At this point, Mr.
Klein phoned Jim Taylor. Mr. Klein
reported that Mr. Taylor had no major concerns provided the process is going to
be followed.
After
some discussion, it was the consensus of the Commission that Mr. Van Wingerden
grant to the Commission in writing an extension to February 6, 2006 in order for
Mr. Van Wingerden to update his Site Plan and apply for a permit for a Gravel
Bank, and for the Commission to make a decision on the Site Plan
Application. Mr. Van Wingerden
granted an extension to the Commission and the Commission accepted the
extension.
Lise
Wood returned to her Commission seat at this time.
b.
Other
- There was no Old Business.
IV.
NEW
BUSINESS
a.
Review/Adopt 2006 Meeting Dates
Patrice
Carson drafted a schedule of regular Zoning Commission meeting dates for
2006. After review, a motion was
made by Rob Martin, seconded by Lise Wood and unanimously voted to adopt the
2006 meeting dates schedule as presented and file a copy with the Town
Clerk.
b.
Other
- There was no other New Business.
V.
DISCUSSION: PLAN OF CONSERVATION AND
DEVELOPMENT
The
next POCD meeting is scheduled for Monday, December 12, 2005, at 7:00 p.m., at
which time subdivision plans under the Open Space scenario will be
reviewed. Peter Klein reviewed what
happened at the last meeting. Since
it was such an informative meeting, it was suggested that a joint meeting of
Planning, Zoning and Economic Development take place quarterly and the
Commission suggested Monday, March 27 as a possible next
date.
VI.
STAFF/COMMISSIONER
REPORTS
The
Commission review Zoning Enforcement Officer Jim Taylor’s report and letter to
the Zoning Chairman regarding Worthington Pond Farm. The Commission was happy with the new
format where the date of the action begins a new line and is in bold
printing. A motion was made by Rob
Martin, seconded by Lise Wood and unanimously voted to accept the Zoning
Enforcement Officer’s report.
Patrice
Carson reported that in the month of October she had reviewed 14 Zoning Permits
of which 12 were issued, and reviewed and issued 6 C.O.’s. She also reported on the status of
Frankie’s Firehouse Pizza, Dr. Quareshi’s medical office, and China
City.
VII.
CORRESPONDENCE AND
BILLS
A bill in the
amount of $62.96 was received from the Journal Inquirer for a legal notice for
the October 3, 2005 meeting. A
motion was made by Peter Chiporas, seconded by Wes Smith and unanimously voted
to pay the bill as presented.
VIII.
ADJOURNMENT
A motion was
made by Lise Wood, seconded by Rob Martin and unanimously voted to adjourn the
November 21, 2005 Zoning Commission meeting at 8:27 p.m.
Respectfully
submitted,
A.P. Calder,
Secretary
MINUTES ARE NOT
OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT
MEETING.
Town of Somers Zoning
Enforcement Officer
For the Zoning Commission
Meeting of November 21, 2005
Covering the Weeks of 11/06/2005 thru 11/23/2005 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.
11/17/05 Awaiting appeal period to
expire before taking further action.
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.
11/08/05 359 Mountain Road Worthington Pond, LLC. Met with Dan Roulier as result of
the Commission meeting of 11/07/05 regarding alleged violations of non-permitted
mining/removal of earth materials from the site and non-permitted Blasting.
After an extensive meeting and site inspection with Mr. Roulier it was
determined that neither of these issues are violations. A detailed report of
this matter has been given to Chairman Klein, Fist Selectman, David Pinney and
Attorney Carl Landolina. This report is available to any interested parties upon
request.
4.
150 Stebbins Road. J. Galinski. Section 214-98.24 (Operation of non-permitted
Contractor’s Yard. 10/12/05 Requested Compliance.
11/17/05 Mr. Galinski has agreed to
eliminate this violation. Will monitor his progress.
5.
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.
11/15/05 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. 10/13/05 No progress on a resolution to
this matter. Issued Cease & Desist Order.
11/16/05 Awaiting appeal to expire
before taking further action.
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.
11/14/05 Violation
Eliminated.
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.
11/8/05 Commission is anticipating
Mr. Van Wingerden or his representative to appear at the November 21, 2005
meeting to present the subject application.
9.
629 Main Street. Somers Pharmacy, Section 214-58.7 (Signs/Banners). Requested
Compliance
11/09/05 Violation
Eliminated.
10.
34 Schneider Rd. D. Caverly. Section 214-98.24 (Contractor’s Yard). Commenced
Enforcement Action.
11/15/05 Issued letter requesting
compliance.
11.
11/16/05 343 Hall
Hill Road, T. Barnes. Sections 214-98.B.1.(More than one single family dwelling
per lot) and 214-98.101 (Failure to obtain Zoning Permit).
Respectfully
submitted:
James R.
Taylor
Zoning Enforcement
Officer