ZONING
COMMISSION
P.O. BOX 308
Monday, December 5,
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 Chipouras,
Peter Klein, Robert Martin, Lise Wood, and Alternate Members Jill Conklin and
Wes Smith were present and constituted a quorum. Town Planner Patrice Carson and First
Selectman, David Pinney were also in attendance.
A motion was
made by Rob Martin, seconded by Lise Wood and unanimously voted to approve the
minutes of the November 21, 2005 meeting as written.
III.
OLD
BUSINESS
a.
Other
- There was no Old Business.
IV.
NEW
BUSINESS
a.
Application for Renewal of Special Use Permit for Flea Markets and
Auctions, 430 South Road, Pleasant View Farms Realty
Mrs.
Carson explained that Jeff Lipton is seeking renewal of his Special Use Permit
and there are no differences in this application from past years. Zoning Enforcement Officer Jim Taylor
has reported that no complaints were received during the last term. Consequently, no public hearing is
recommended.
It
was noted that the permit should extend to include food festivals and music
jamborees in addition to auctions and flea markets because these activities are
specifically included in the applicable Somers Zoning Regulation under Section
214-93. Mrs. Carson noted that this
was reflected in the application.
A
motion was made by Robert Martin, seconded by Peter Chipouras and unanimously
voted to accept the application for renewal of the Special Use Permit for 430
South Road, Pleasant View Farms Realty, waive the public hearing on the
application, and approve the permit to be valid from January 1, 2006 through
December 31, 2006.
b.
Discussion: Memo on Allowing
Activities on Farms
The
Commissioners reviewed a memo from ZEO Jim Taylor to Chairman Peter Klein
regarding Special Use Permits for farms conducting temporary special
events. The memo included suggested
changes to Section 214-93 (Temporary Commercial Uses) which would broaden the
current regulation language so as to include farm activities, thereby meeting
the Zoning Commission’s goals as discussed at previous
meetings.
Because
such activities would require a Special Use Permit, a public hearing would be
required for the farmer’s first application and could be waived for renewals,
and Jim Taylor would work with the applicant to be sure the Commission’s
requirements are met.
A
question arose as to current farm activities being “grandfathered in” and Mrs.
Carson noted that this would not be the case.
David
Pinney suggested that the Commission consider the topic of the use of
agriculture being a use of right.
Currently, farms are situated in residential zones and the Zoning
Commission should acknowledge that a potential conflict exists because of
this. He added that it would be
pro-active for the Commission to actively support the farms and acknowledge that
farms are businesses which are forced to operate within residential zones which
typically get developed around them.
The question should be addressed as to how to best work in support of the
farmers and to still make their activities compatible within a residential
zone.
It
was noted that the POCD town survey was highly in favor of supporting the farms
within the community. However, the
reality of everyday farm life is that it often conflicts with residential
interests.
Mr.
Klein suggested, and a consensus was received, that this would perhaps be a
topic better addressed at a POCD meeting where input could be gathered from both
the Planning Commission and the Zoning Commission.
Mrs.
Carson offered to do research on agricultural zones, noting that perhaps such
areas should have their own set of regulations. It was offered that maybe there should
be a buffer zone for agricultural areas, similar to when a residential zone is
placed adjacent to an existing commercial zone.
After
discussion and consensus, a few grammatical changes were made to the proposed
amendments for purposes of clarification.
Mrs.
Carson explained that any proposed changes would have to be reviewed by the Town
Attorney and CRCOG, as well as the Planning Commission. Once this was done, the proposed changes
would need to be presented at a public hearing.
A
motion was made by Robert Martin, seconded by Lise Wood and unanimously voted to
accept the amended language of the proposal for Special Use Permits for farmer’s
temporary Special Events and that it be referred to the Planning Commission, to
the Town Attorney, and then to CRCOG for review and
comment.
Peter
Klein brought the Commission’s attention to Section 213-93.B.(3) and recommended
that the reference to “214-103” be removed from the paragraph. It was the consensus of the Commission
that Mrs. Carson include this change when the proposed changes are sent to
CRCOG. This change might also need
to go to a public hearing.
c.
Other
-
There was no other New Business.
V.
DISCUSSION: PLAN OF CONSERVATION AND
DEVELOPMENT
The
next POCD meeting is scheduled for next Monday, December 12, 2005, at 7:00
p.m.
VI.
STAFF/COMMISSIONER
REPORTS
Mrs.
Carson reported that 10 Zoning Permits were reviewed of which 8 were
issued. Also, 20 Certificates of
Occupancy were reviewed of which 15 were issued. In addition, she has received a letter
from Grower Direct regarding their application in accordance with the request of
the Zoning Commission at the last meeting.
They will supply the information required by February 6,
2006.
Jim
Taylor’s report was reviewed and a motion was made by Lise Wood, seconded by
Anita Calder and unanimously voted to approve the Zoning Enforcement Officer’s
Report as presented.
Mrs.
Carson reminded everyone that the Design Review Board will meet tomorrow,
December 6, 2005, at 7:00 p.m.
VII.
CORRESPONDENCE AND
BILLS
No bills were
presented.
Mr. Klein
received correspondence regarding a seminar entitled “Best Practices for
Selecting Professionals” to be held on December 7 at 8:30
a.m.
VIII.
ADJOURNMENT
A motion was
made by Lise Wood, seconded by Robert Martin and unanimously voted to adjourn
the December 5, 2005 Zoning Commission meeting at 7:43
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 December 5, 2005
Covering the Weeks of 11/20/2005 thru 11/27/2005 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.
12/01/05 Agreement has been reached
for compliance. Will follow-up in two weeks.
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. 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.
12/01/05 This matter is appears to be
resolved. No further action to be taken.
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.
12/01/15 Will continue to monitor for
at least one month.
5.
12/01/05 77 Wood Road. C. Gengenbach. Sections 214.24
(Non-permitted Contractor’s Yard) and 214-92.C Non-permitted Storage Container.
Requested Compliance.
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.
11/19/05 Referred file to Town
Attorney to commence injunctive action in Superior Court.
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.
11/05/05 Commission is
anticipating Mr. Van Wingerden or his representative to appear at the November
21, 2005 meeting to present the subject application.
12/01/05
Mr. Van
Wingerden has granted to the Commission an extension to February 6, 2006 to
apply for a permit for a Gravel Bank.
9.
34 Schneider Rd. D. Caverly. Section 214-98.24 (Contractor’s Yard). Commenced
Enforcement Action.
11/15/05 Issued letter
requesting compliance.
11/30/05 Issued Cease & Desist
Order
10.
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).
11/28/05 Barnes has agreed to cease
the residential use of the subject building. Waiting for promised affidavit
stating that agreement to close this file.
Respectfully
submitted:
James R.
Taylor
Zoning Enforcement
Officer