ZONING
COMMISSION
P.O.
BOX 308
Monday,
February 6, 2006
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 Anita Calder, Peter Chipouras,
Peter Klein, Lise Wood, and Alternate Members Jill Conklin (arrived at 7:20
p.m.) and Wes Smith (seated for Rob Martin) were present and constituted a
quorum. Town Planner Patrice Carson
was also in attendance.
Mrs.
Calder left the meeting to discuss the Design Review Board Study Committee’s
recommendations with the Board of Selectmen, who were meeting at this
time.
A
motion was made by Lise Wood, seconded by Peter Chipouras and unanimously voted
to approve the minutes of the January 17, 2006 meeting as written.
III.
OLD
BUSINESS
a.
Modification of Special Use Permit Application for Gravel Bank, South
Road, Bordeaux Farm – Set Public Hearing Date
b.
Application for Renewal of Special Use Permit for Flea Markets and
Auctions, 430 South Road, Pleasant View Farms Realty – Set Public Hearing
Date
c.
Zoning Commission’s Amendment to the Zoning Regulations Section
214-93. Temporary Commercial Uses
to Include Uses for Farms – Set Public Hearing Date
Mrs.
Carson explained that the public hearings previously scheduled for this evening
have been cancelled because of a difficulty in getting the notices
published. Peter Klein, Wes Smith
and Mrs. Carson will not be at the next Zoning Meeting on Tuesday, February 21,
2006. Therefore, it was suggested
that all three public hearings be rescheduled for the March 6, 2006 Zoning
Commission Meeting.
A
motion was made by Lise Wood, seconded by Peter Chipouras and unanimously voted
to reschedule the public hearings for Items a, b and c for March 6, 2006 at 7:00
p.m. in the Town Hall.
Lise
Wood recused herself at this time.
d.
Site Plan Application for Outdoor Growing Areas and Gravel Bank, 164
Hampden Road, Grower Direct Farms
Leonard
VanWingerden and Michael Mocko submitted an application and bond estimate, in
addition to presenting revised plans for review. The applicant will submit the
application fee to the Town Planner tomorrow (Tuesday, February 7,
2006).
The
applicant is seeking approval to remove excess materials, thus creating a level
area for irrigation purposes which will enable the expansion of his outdoor
growing beds. The site plan shows
the boundaries with abutters, the greenhouse location and 6 acres of additional
growing beds to be added to the site.
A
number of notes are included on the plan as required by the Zoning Regulations,
including the hours of operation and final seeding and erosion control
plans. The plan includes lowering
the area to just above the existing grade of the abutting parcel, and including
a swale with stone berms to catch any sediment. A detention basin will be provided to
catch any runoff.
The
existing portion of one side of the driveway will be moved approximately 40
feet, which is intended to help in the site work, particularly with respect to
redefining the grade.
Mrs.
Carson asked about the wetland permit and Mr. Mocko explained that he makes
monthly reports to the Conservation Commission and the applicant has received a
permit for the pond area work. They
hope to increase the pond area by another one-quarter
acre.
Merv
Strauss and Jim Taylor need to look over the site and Mr. VanWingerden stated
that he is agreeable to having them do so, provided they contact Mr. Mocko first
to set up a mutually convenient time to meet and walk the
area.
Jill
Conklin arrived at this time and was seated for Anita Calder, who was still at
the Board of Selectmen meeting.
Mr.
Klein asked how long the project was expected to take and Mr. VanWingerden
responded that it would take anywhere from one year up to two years. He would like to use the growing areas
this year.
A
motion was made by Peter Chipouras, seconded by Wes Smith and unanimously voted
to accept the application, refer it to the Planning Commission and set a public
hearing for Monday, March 6, 2006 at 7:00 p.m. in the Town
Hall.
Lise
Wood returned to the meeting at this time.
e.
Other
- There was no other Old Business.
IV.
NEW
BUSINESS
a.
Amendment to the Zoning Regulations Article XV Flood Damage Prevention –
Set Public Hearing Date
Mrs.
Carson explained that Article XV of the Zoning Regulations discusses building in
the floodplain and any and all
damage that may arise as a result of flood waters, and she checked to make sure
that everyone received her email containing the proposed changes to this
Article.
The
recommended changes arose out of a meeting that Steve Jacobs and Mrs. Carson had
with FEMA and DEP a few weeks ago.
FEMA prepared a new set of Flood Insurance Rate Maps and the Regulations
will need to be revised to make reference to these maps. In order to prevent a need for changing
the Regulation each time revised maps are created, the wording “or as amended”
has been added with this proposed amendment. In addition, a flood study plan was done
for the Town providing better information than what is currently included on the
flood maps, and this new information will be included as
well.
A
motion was made by Peter Chipouras, seconded by Wes Smith and unanimously voted
to accept the amendment to the Zoning Regulations Article XV Flood Damage
Prevention, refer it to the Planning Commission and the other appropriate
referrals (Town Attorney, CRCOG, abutting municipalities), and to set a public
hearing for Monday, March 6, 2006 at 7:00 p.m. in the Town
Hall.
b.
Other
- There was no other New Business.
Anita
Calder returned to the meeting at 7:25, and Jill Conklin became
unseated.
V.
DISCUSSION: PLAN OF CONSERVATION AND
DEVELOPMENT
The
January 30, 2006 POCD meeting was cancelled and the next meeting is currently
scheduled for March 27, 2006.
Rather than schedule two meetings during the month of March, it was the
consensus of those present to address all outstanding items as part of the
agenda of the March 27th meeting.
VI.
STAFF/COMMISSIONER
REPORTS
The
Commission reviewed the Zoning Enforcement Officer’s Report. Mr. Klein asked that Mr. Taylor be
reminded to change the Report format so that each new date sited under a
specific item start on a separate line.
He reminded everyone of the Commission’s request for this change at the
last meeting, which should make the report clearer and easier to
follow.
A
motion was made by Lise Wood, seconded by Peter Chipouras and unanimously voted
to accept the Zoning Enforcement Officer’s Report.
Mrs.
Carson reported that in January she issued three Zoning Permits and one
Certificate of Occupancy.
Mrs.
Calder spoke about the Design Review Board recommendations and the resulting
discussion regarding its format which took place at the Board of Selectmen’s
meeting this evening. The Design
Review Board will consist of 5 members and 2 alternates, each of whom will be a
Somers resident and have legitimate credentials and professional experience
related to the Board’s purpose. The
current Committee will present recommendations of individuals to serve on the
Design Review Board, and the Board of Selectmen will then act on those
recommendations.
Mr.
Klein asked if changes will need to be made to the Zoning Regulations which will
incorporate the Design Review Board and Mrs. Carson responded that this will be
something that the Town Attorney will need to be consulted
about.
VII.
CORRESPONDENCE AND
BILLS
Correspondence
was received from the State of Connecticut stating that the Department of
Corrections has received approval of its wetlands construction permit. This is a yearly
renewal.
Also
received was a $47.22 bill from the Journal Inquirer for the advertisement of
the December 5, 2005 meeting. A
motion was made by Lise Wood, seconded by Peter Chipouras and unanimously voted
to pay the bill.
Lise
Wood reminded everyone about a discussion the Zoning Commission had previously
about logging. At the time of that
discussion, she had offered to check about the need for a logging permit from
the Conservation Commission. She
has recently learned that the Conservation Commission does not require a permit;
however, an applicant must still come before that Commission to determine
whether or not the proposed logging activities are a permitted use of
right. In addition, the person must
report if there are any potential wetland crossings which may take place during
the logging process.
VIII.
ADJOURNMENT
A
motion was made by Lise Wood, seconded by Peter Chipouras and unanimously voted
to adjourn the February 6, 2006 Zoning Commission meeting at 7:52
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 February 6, 2006
Covering from 1/16/06 thru
2/03/06 Activities listed by Address
Enforcement
activity:
Page 1 of
2.
1,
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.
2.
12/06/05. 138 Main Street. M. Redmond. Section 214-98.B. (Failure
to obtain Site Plan Approval) Requested Compliance. 2/02/06 Met
with Mr. Redmond at Land Use Office. Agreed to give him reasonable time to
determine what portions of the building will be use for business.
3. 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.
1/13/06 Mr. Gengenbach has
agreed to compliance before February 28, 2006 2/02/06. No change
at this time.
4.
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. 12/02/06. No change
at this time.
5.
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. 1/18/06. Issued Cease &
Desist Order.
6.
12/22/05.74 Main Street. T. Groody. Section 214-98.B. (Storage of Junk
Material). Requested Compliance. 1/25/06. Violation
Eliminated
7..
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. 1/25/06.
Notified M. Mocko’s office to be prepared for February 6, 2006 zoning
meeting. It was confirmed that he will attend that meeting.
8.
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.
2/01/06. Violation eliminated.
9..
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.
2/02/06. No change at this
time.
10.
1/03/06. 124 Main St. F. Albano/Mickey Finn’s. Section214-98.B.22.
(Non-permitted Motor Vehicle Sales). Requested Compliance.
1/30/06. It was agreed that compliance will be met on or before
February 15, 2006.
11.
2/01/06. 515 Springfield Rd. M. Bushior. Section 214-98.B.
(Storage of Junk Material). Requested Compliance.
Respectfully submitted:
James R.
Taylor
Zoning Enforcement
Officer