ZONING
COMMISSION
P.O. BOX 308
Tuesday, January 17,
2006
7:00 p.m. Town
Hall
I.
CALL TO ORDER
Chairman Peter
Klein called the regular meeting to order at 7:03 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 was also in
attendance.
A motion was
made by Lise Wood, seconded by Peter Chipouras and unanimously voted to approve
the minutes of the December 5, 2005 meeting as written.
III.
OLD
BUSINESS
a.
Application for Renewal of Special Use Permit for Flea Markets and
Auctions, 430 South Road, Pleasant View Farms Realty – Set Public
Hearing
Mrs.
Carson explained that a complaint was received by the Zoning Enforcement Officer
which states that the Zoning Commission does not have a legal right to waive a public
hearing. The letter was received
after the decision at the December 5, 2005 Zoning Commission meeting during
which it was voted to waive the public hearing for Pleasant View Farms
Realty. Upon discussion with the Town Attorney, it
was determined that there was some merit to the complaint and the Commission’s
should hold a hearing. Mrs. Carson
suggested that the Commission set a public hearing date.
A
motion was made by Lise Wood, seconded by Anita Calder and unanimously voted to
set a public hearing for the renewal of Pleasant View Farms Realty’s Special Use
Permit for flea markets and auctions at 430 South Road for February 6, 2006 at
7:00 p.m. in the town hall.
b.
Other
- There was no other Old Business.
IV.
NEW
BUSINESS
a.
Modification of Special Use Permit Application for Gravel Bank, South
Road, Bordeaux Farm
Cliff
Bordeaux presented a map of his gravel bank on South Road. Designated thereon was an area he would
like to add called Phase 11 located between current Phase 9 and 10. At this time, Phase 10 as originally
outlined is almost complete, with only some sub-surface grading remaining to be
done. Adding to the gravel bank as
designated on the plan would enable Mr. Bordeaux to remove some of the
mogulling, thus creating a more uniform area.
While
his Special Use Permit is in effect through June, Mr. Bordeaux is seeking to
modify the permit so that work on the additional area can begin before that
renewal date. Mr. Bordeaux expects the bank will be
complete a year from this July, as long as market conditions remain as they
currently are.
Discussion
of the regulations for modifying the application followed and it was concluded
that a fee of $600.00 would probably not have to be charged again because the
applicant had paid the annual fee at renewal in June 2005. Mrs. Carson will check and see if this
is the correct procedure and, if it is not, she will let the Commission
know.
A
motion was made by Lise Wood, seconded by Rob Martin and unanimously voted to
accept Bordeaux’s modification of his special use permit application for his
gravel bank on South Road, refer it to the Planning Commission and set a public
hearing date of February 6, 2006, at 7:00 p.m. in the town
hall.
b.
Zoning Commission’s Amendment to the Zoning Regulations Section 214-93.
Temporary Commercial Uses to Include Uses for Farms – Set Public
Hearing
Mr.
Klein drew everyone’s attention to the recent Planning Commission Meeting
minutes containing a suggested change to the Zoning Commission’s proposed Zoning
Regulation amendment. The Planning
Commission’s comments, along with the proposed amendment, have been referred to
the Town Attorney and CRCOG for review.
Mrs.
Carson explained that any application for temporary commercial uses will come
before the Zoning Commission and require a public hearing. Any determination of whether someone has
a farm will be made by either the ZEO or the Zoning
Commission.
A
motion was made by Rob Martin, seconded by Anita Calder and unanimously voted to
set a public hearing on the amendment for February 6, 2006 at 7:00 p.m. in the
town hall.
c.
2006/2007 Budget
Mrs.
Carson presented the proposed 2006/2007 budget for review. After discussion, the Zoning Clerical
was changed from $1,400.00 to $1,300.00 and Dues and Seminars was changed from
$300.00 to $400.00.
A
motion was made by Lise Wood, seconded by Anita Calder and unanimously voted to
approve the proposed budget as amended.
d.
Election of Officers
A
motion was made by Lise Wood and seconded by Anita Calder to nominate the
current slate of officers. A motion
was made by Anita Calder, seconded by Peter Chipouras and unanimously voted to
close the nominations. A motion was
made by Lise Wood, seconded by Anita Calder and unanimously voted to elect the
current slate of officers for another term.
e.
Review Bylaws
The
Commission reviewed the Bylaws. A
motion was made by Rob Martin, seconded by Peter Chipouras and unanimously voted
to continue with the current Bylaws, as written.
f.
Other
- There was no other New Business.
V.
DISCUSSION: PLAN OF CONSERVATION AND
DEVELOPMENT
The
next POCD meeting is scheduled for Monday, January 30, 2006, at 7:00
p.m.
VI.
STAFF/COMMISSIONER
REPORTS
Mrs.
Carson handed out the Zoning Enforcement Officer’s Report, noting that the
Report covers the period through January 17, 2006. After brief discussion, a motion was
made by Lise Wood, seconded by Rob Martin and unanimously voted to accept the
report as amended to cover the period through January 17,
2006.
Mrs.
Carson reported that she had reviewed 13 Certificates of Occupancy and issued
10. In addition, she had received
and issued 13 Zoning
permits.
She
also reported that someone has inquired about purchasing several of the
multi-family houses on Main Street in the Somersville area and will be meeting
with staff to see what potential they hold. Mrs. Calder noted that these homes are
currently on the National Registry and they hold much value to the Somersville
Mill District.
VII.
CORRESPONDENCE AND
BILLS
Mrs. Carson
presented a letter received from Ken and Michele Prior regarding Worthington
Pond Farms.
Notice was
received from CAZEO regarding a seminar entitled “Too Much Parking” to be held
on February 1, 2006 at the Yankee Silversmith Inn in Wallingford beginning at
11:30am. A motion was made by Lise
Wood, seconded by Rob Martin and unanimously voted to authorize Mrs. Carson to
contact CAZEO regarding the seminar and, if she determines that it is something
that would help with the parking regulations, authorize the payment of $25.00
for the seminar fee.
VIII.
ADJOURNMENT
A motion was
made by Lise Wood, seconded by Robert Martin and unanimously voted to adjourn
the January 17, 2006 Zoning Commission meeting at 8:25
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 January 17, 2006
Covering the Weeks of 12/04/2005 thru 1/08/06 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.
12/13/05. Violation
Eliminated
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.
12/06/05. 138 Main Street. M. Redmond. Section 214-98.B. (Failure
to obtain Site Plan Approval) Requested Compliance.
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.
12/01/05 Will
continue to monitor for at least one month.
12/29/05. Violation has been
eliminated.
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.
1/03/06. Mr. Gengenbach has agreed to
compliance before February 28, 2006
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.
12/08/05. Mr. Mohammah has agreed to
obtain a Zoning Permit and relocate the building on or before the 2nd week of May 2006. The reason for
this delay is winter weather.
1/10/06. 318 South Road. D. Paley. Sections 214-101 (Failure to
Obtain Zoning Permit) and 214-98.A. (Violation of Side Yard Set-Back). Requested
Compliance.
12/22/05.
74 Main
Street. T. Groody. Section 214-98.B. (Storage of Junk Material). Requested
Compliance.
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.
1/11/06. No change at this
time.
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
12/13/05.
Mr.
Caverly has agreed to compliance on or before January 23,
2006.
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.
1/05/06. Resolution of this case is
pending Building Code compliance with Building Official.
11.
1/03/06 124 Main St. F. Albano/Mickey Finn’s. Section214-98.B.22.
(Non-permitted Motor Vehicle Sales). Requested Compliance.
Respectfully submitted:
James R.
Taylor
Zoning Enforcement
Officer