ZONING
COMMISSION
P.O.
BOX 308
Monday,
March 6, 2006
7:00 pm Town
Hall
I.
PUBLIC HEARINGS
Chairman
Peter Klein opened the public hearings at 7:00 p.m. Town Planner Patrice Carson read the
notices for all the hearings.
a.
Modification of Special Use Permit Application for Gravel Bank, South
Road, Bordeaux Farm
Mr.
Bordeaux presented plans for the project, explaining that the modification will
incorporate a Phase 11, comprised of a 3-acre parcel of land located between the
two completed Phases 6 and 10. The
reason for adding this Phase is to eliminate the jog of unmodified land that
sits between the two finished phases.
The
gravel bank is now nearly complete, with all subsoil grades basically in
place. Bumpers and stockpiles still
remain and will have to be removed.
There are a few cuts that have to be completed and grades to be finished
to incorporate the new phase and create a smooth, uniform finish. This work will add another 12 to 15
months to the project, depending how the market goes. Once gravel work is complete, it is
intended that the land will be used for agriculture.
Town
Planner Patrice Carson explained that this was referred by the Zoning Commission
to the Planning Commission, who reviewed the modification plan on February 23
and recommended approval. It was
also sent to the Town Engineer who reviewed it and submitted a letter commenting
that this relatively minor change will make the area more uniform and provide a
better utilization of the floor for expansion of the apple orchard. He finds the plans acceptable and the
bond already in place will cover the additional area.
No
questions or comments were received from the audience.
A
member of the Commission inquired as to the amount of the bond and Mrs. Carson
stated that it is $28,844.00.
A
motion was made by Lise Wood, seconded by Peter Chipouras and unanimously voted
to close this portion of the public hearing at 7:09 p.m.
b.
Zoning Commission’s Amendment to the Zoning Regulations Section 214-84.A.
Areas of Special Flood Hazard, to Update Flood
Requirements
Mr.
Klein opened this portion of the public hearing at 7:09 p.m. noting that this
proposed amendment to the Zoning Regulations is a requirement of DEP and
FEMA. Mrs. Carson explained that
FEMA is updating their flood maps and has made changes that will become
effective in August 2006.
Additionally, the town adopted a Floodplain Management Study of the
Scantic River and its tributaries.
The proposed regulation would require that anyone considering a project
in a floodplain will be required to comply with these updated maps and the
study. The change has gone before
the Planning Commission, who recommended approval, and was sent to CRCOG. A letter was received March 3, 2006 from
CRCOG noting no difficulties with this change and no conflict of interest with
any of the surrounding towns and, therefore, recommending approval of the
amendment.
There
were no questions or comments from the audience or from the Commissioners. A motion was made by Lise Wood, seconded
by Peter Chipouras and unanimously voted to close this portion of the public
hearing at 7:12 p.m.
c.
Application for Renewal of Special Use Permit for Flea Markets and
Auctions, 430 South Road, Pleasant View Farms
Realty
Mr.
Klein opened this portion of the public hearing at 7:12 p.m. Applicant Jeff Lipton explained that he
is seeking annual renewal of the Special Use Permit which Pleasant View Farms
Realty has had since approximately 1993 or 1994.
He
provided a brief history of the regulation amendments and application,
explaining that it originated because he has a golf driving range and
recreational facility on Route 83 and was seeking to make the business more
viable. He came before the Zoning
Commission in 1993 with the suggestion to amend the Zoning Regulations by adding
a provision that if someone has a commercial use, as an accessory to it, they
could apply to be able to run flea markets, car shows, and music festivals,
similar to what he does now. With
respect to the activities being held by Pleasant View Farms Realty, the town had
received no complaints up until this year regarding the
activities.
The
Commission recently discovered that the provision to waive public hearings as
written could be subject to appeal, so when Mr. Lipton sought to renew the
permit this year, he was informed of the requirement for a public hearing. Should the permit be renewed, Mr. Lipton
expects to hold probably 4 to 5 fundraising events throughout the year at the
Route 83 site. Any music would end
by 10:00 p.m. The events being
proposed before the Commission at this hearing relate only to this permit and
are not associated with the other activities at his business or the
restaurant.
He
added that he is basically seeking only to continue the events that he has been
doing for the past 10 years or so, such as the Lion’s Club events or other
fundraisers.
Louis
Stetson,42 Kibbe Drive,
spoke in favor of the application as a member of the Lions Club and other
athletic organizations in town. He
wished to speak to all the fundraising events held last year and the great time
that everyone had taking part in them and the financial support they provide to
the organizations. There is really
no other place around to hold fundraisers where the kids can be safe and all-day
family-style events can easily be held.
Ron
Bernard, 65 Suncrest Drive,
is on both sides of the issue. He
is not necessarily against the permit but he is against the noise. He thinks that there are a lot of good
things that happen on the site and in general he is in favor of the fundraising
aspect.
Scott
Kinney, 16 Isabella Drive,
is part of the Lions Club and he appreciates the ability to use the facility
because they have had some great events.
Ron
Bernard, 65 Suncrest Drive,
also spoke against the application noting that it is confusing to understand
what a permit for a flea market and auction means. At this time, Mr. Klein read the
regulation as it presently is written.
Mr.
Bernard explained that when the noise level is high from a live band concert, he
does not know where he should go to complain. He spoke with the First Selectman who
recommended that he write to Mr. Lipton which he did, but he also wanted to
speak out in this forum. His only
concern is with the live band concerts, and he wanted to make it clear that he
was not upset with any other aspect of the activities taking place at the
location. The problem has grown
during the last few years when a stage was erected and the music carries up to
his neighborhood. Now when there is
a live concert scheduled, they have to make plans to leave their home. He recommends that if a live band is
involved that they not be allowed to play after 10:00 p.m. He also recommends that the stage be set
up facing west to prevent some of the noise from reaching the neighbors. He suggests that the number of events be
regulated and that the noise be kept below the state-regulated
level.
Jim
Call, 51 Suncrest Drive,
is Mr. Bernard’s next door neighbor and also takes issue with the noise
level. When the larger sound system
was put in about 2-1/2 years ago, it became intrusive and the events do run past
10 p.m. He recommends either
putting the sound system back to the way it was or re-orienting the
stage.
Pete
Southwick, 431 Billings Road,
stated that there should be a mechanism to deal with the excessive noise. Twice last summer it was loud enough
that he thought the noise was coming from across the street at the
clubhouse. When he asked if
something could be done, he discovered that apparently there was no
recourse.
Mr.
Lipton responded that he would have a problem with facing the stage to the
west. He thinks the noise everyone
is referring to came from two events in particular. He can scale back the noise and limit
the number of large events to 4 or 5 per year. The Cancer Relay has been scheduled for
June. At this annual event, which
has been held at the high school in the past, he expects that music will be
played at night, but a large sound system is not generally
used.
He
noted that they do not do many of these large events. Last year there were 4 of them. He has no problem putting in a time
limit as to when these events need to end because he doesn’t want to disturb the
neighbors. He appreciates and
understands everyone’s concerns. If
there is a problem after the 5 or 6 events this year, then next year the
Commission can scale the events back.
He hopes the permit will be renewed because he doesn’t want to see such
important events with no place to go.
A
motion was made by Lise Wood, seconded by Peter Chipouras and unanimously voted
to close this portion of the public hearing at 7:31 p.m.
d.
Zoning Commission’s Amendment to the Zoning Regulations Section 214-93.
Temporary Commercial Uses to Include Uses for
Farms
Mr.
Klein opened this portion of the public hearing at 7:31 p.m. and asked Zoning
Enforcement Officer Jim Taylor to explain how he came up with this
amendment. He used Pinney Farms as
an example as they have had Halloween events for many years which include
hayrides, haunted houses, entertainment and food. It has grown over the years and Zoning
has never required any permits. Now
it has come to the point where it might be good to have some sort of conditions
on an approval. The concern has
been expressed that if conditions are going to be placed on events held at such
facilities by way of a special use permit, perhaps a permit process should be
established for events that may be held at working farms, thus ensuring that the
general safety and welfare of the public is maintained during such events as
well.
The
Zoning Commission decided to propose an amendment to the Regulations which would
require a special use permit for secondary commercial-type uses on property of
an active farming operation. If an
active farm is selling Christmas trees or pumpkins or produce and it is
determined that a large number of people may gather at one time, they will be
required to get a special use permit.
This will allow for control over traffic, hours of operation or other
potential issues that may arise.
Mr. Taylor stressed that it is important to remember that this will be a
requirement for active farms and accessory uses
only.
Mr.
Taylor explained that this amendment should help farmers as well because it will
put a regulation in place designed to make conditions fair for all residents and
encourage such creative and positive business activities within the
community.
Mr.
Klein read a letter from the Town Attorney in addressing the proposed
amendment. Attorney Landolina
suggested that changes in the wording be made to the amendment so that the
active farming operations did not have to be situated on a state highway in
order to receive a permit. However,
any other applicant seeking to get a special use permit for commercial activity
would need to be situated on a state highway. He also suggested that there be certain
conditions put in place under which a public hearing would be required prior to
issuing a special use permit.
Mrs.
Carson stated that this proposed amendment was referred to the Planning
Commission on January 12, 2006 and at that the meeting it was voted to recommend
approval. The Commission submitted
a few suggestions regarding the language and these have been taken care of by
way of the Town Attorney’s changes.
The Planning Commission also concurred with Jim Taylor’s assessment that
the proposal allows farmers to enhance their business operations in such a way
that positively effects the community.
A
letter was received from CRCOG dated January 20, 2006 which affirms that they
find no apparent conflict with the proposed amendment. However, one of the goals of CRCOG is to
protect working farmland. Limiting
commercial activities associated with farming through this process could have a
negative impact on farmers and therefore work against the region as a
whole. They suggested that the
Commission may wish to clarify the types of temporary commercial use activity
they are seeking to regulate. Also
they suggested that the regulation clearly specify that a public hearing would
only be held during the time of the initial permit application process and not
with each successive renewal.
Joan
Naylor, 728 Stafford Road,
asked what the Zoning Commission’s definition of farm use is. Mr. Klein read the definition included
in the Zoning Regulations and stated that to qualify, farming would have to be
the primary use of the property.
Leonard
VanWingerden, Grower Direct Farms, 164 Hampden Road,
sought clarification as to whether a permit would be required to sell plants or
produce at a farm or farm stand and he was told that no permit would be
necessary in such an instance.
Bob
Socha, 95 Franklin Woods Drive,
wanted to be sure that a back-up plan was in place with the police to ensure
enforcement in case one of these events got out of hand.
Cliff
Bordeaux, 27 Mountain View Road,
thinks that this is a good step in the right direction and that it will preserve
some of the good activities in town.
It may need tweaking once in a while as the town grows, but it is
definitely a positive step. It will
serve to help farms stay in business longer.
Dan
Fraro, 70 Wood Road,
asked how the town will assess the land if the use is temporarily commercial
land – would it be like gravel banks?
Mr. Klein said that this probably wouldn’t change the assessment because
it would be a secondary use that is temporary and added that such a question
should be posed to the Assessor.
Mrs.
Carson read into the record letters received in opposition to the amendment from
Lynn Andrews, 195 Mountain Road, dated February 6, 2006 stating that
commercial activities should take place in commercial zones and not in
residential neighborhoods; Robin McDonald, 57 Stafford Road, dated
February 8, 2006 stating that the farm land in town would be adversely impacted
should such activities be encouraged to take place; Kenneth P. Coelho, 605
Stafford Road, dated March 6, 2006 who said that farms are an important
asset and we should be promoting activities directly related to a farms use and
not promoting secondary use activities.
Secondary activities negatively impact the health, safety and welfare of
the community.
Mr.
Klein commented that First Selectman David Pinney inquired previously if the
Zoning Commission might consider proposing a regulation which addressed farms
specifically with regard to this issue.
Mr. Klein added that the Plan of Conservation and Development stated that
one of the traits of the town that most people appreciate is the agricultural
aspect. He commented that it is
important to realize that the purpose of proposing the amendment is to improve
the current situation and gain better control over activities, thus ensuring the
protection of the environment and the safety of the general public. Many of the issues addressed in
opposition to the amendment will actually be improved should the amendment
pass.
Ken
Prior, 364 Mountain Road,
is opposed and doesn’t see how this amendment supports the Plan of Conservation
and Development because these activities do not promote quiet neighborhood
developments because the activities themselves are loud. Also thought notification of abutters
within 200 feet wasn’t enough.
Karen
Richard, 59 Juniper Hill Road,
believes that music jamborees, auctions and flea markets are commercial
activities that don’t relate to agricultural uses. The regulation is far too broad and is
expanding a use that is not currently permitted for farms adjacent to town
roads, and will be difficult to enforce.
There is no enforcement by the police when there is a special use permit
in place and she opposes the amendment.
Marion
Richard, 372 Mountain Road,
is in favor of permits for the corn mazes, etc. but has difficulty with the
broad definition of what constitutes a farm according to regulation and would
therefore broaden the things that some farms, that aren’t really farms, would be
able to do. She thinks that this
amendment would expand too much what is allowed on secondary roads and they are
not equipped to handle excessive traffic and activity. Fairs and jamborees could be held at the
fairgrounds which are empty most of the year. She also thinks that the public hearings
should not be waived because they are beneficial for the residents and keep them
informed.
Jane
Legg, 13 Lindell Drive,
is concerned that complaints aren’t getting to the Zoning
Commission.
Dave
Remenik, 140 Root Road,
does not have a problem with 4 or 5 events a year, but is concered about
Dan Roulier who
was given a special use permit with no limitations and is now able to have it
forever and do whatever he wants.
Ron
Bernard, 65 Suncrest Drive,
questioned how a music jamboree is a farm use.
Jim
Morey, 26 Northwest Drive,
has 3 farms near his home and when he considers the possibility
of special events 4 times a year at each of these farms, he would have 12 events
near his property. His concern is
that if the farms are sold and the next owner comes in and wants the special
permits for activities like jamborees, concerts and auctions, these don’t fit
within in the realm of the farm.
Joan
Naylor, 728 Stafford Road,
questioned how Camp AYAPO does what they do almost every summer weekend. They live 1/2 mile from the
Camp and can hear every word on the amplifiers and
also felt traffic needed to be controlled there.
Ken
Prior, 364 Mountain Road,
doesn’t think that every farm in town is in dire straits.
A
motion was made by Lise Wood, seconded by Peter Chiporouas and unanimously voted
to close this portion of the public hearing at 8:28 p.m.
e.
Special Use Permit Application for Gravel Bank, 164 Hampden Road, Grower
Direct Farms
Lise
Wood recused herself from this portion of the public
hearing.
Applicant,
Leonard VanWingerden, explained that he is asking for a special use permit to
have a gravel bank; however, his intention is not to operate a gravel bank for
commercial purposes, but to grade the area and remove material to expand the
outdoor growing beds.
Environmental
Engineer Mike Mocko presented the plans showing the detailed grading plan. He explained that the applicant’s
business is growing plants and he has a need for additional outdoor growing
space and this activity requires a level growing area so a good drip irrigation
system can be installed. The work
involved is of large enough scale to require working within the regulations of a
gravel bank operation. His
intention is that this will be completed by spring 2007.
Mr.
Klein asked where the material was going when it left the site. Mr. VanWingerden replied that Herb
Holden was removing the material and has not told him where he is putting
it. He explained that he is not
concerned about the marketing of the gravel being moved and nothing is being
stockpiled on his property.
No
one spoke in favor of the application.
Henry
Broer, 74 Hampden Road,
asked why the applicant is seeking a permit now for what he has been
doing.
Mr.
Klein explained that the applicant didn’t realize that he needed a permit but
was contacted by the Zoning Enforcement Officer about the need to get
one.
Mr.
Broer read a letter that he wrote to the Zoning Commission for submission this
evening stating that the numbers, noise and vibrations caused by the trucks is
far above anything they have ever experienced in decades of living on Hampden
Road. There have been
cease-and-desists and stop-work orders issued but Grower Direct ignores the
regulations. He has read the
minutes of the various commissions and Grower Direct seems to do whatever it
wants. He now learns that this
activity will continue for another year.
The trucks begin before 7:00 a.m. and he gave examples of how many trucks
went by. He suggests that the hours
of operation be reduced to 9:00 a.m. to 3:00 p.m. and that the days of operation
be reduced to 3 days a week and the number of trucks be
limited.
Pat
Broer, 74 Hampden Road,
echoed her husband’s comments and said the experience has been a
nightmare.
Frances
Clark, 104 Hampden Road,
is opposed to the permit because the activities begin too early in the morning
and the combination of trucks from all the activities is too much. She has counted 10 to 12 trucks in a
15-minute period during the morning when she is waiting for the bus with her
daughter.
The
upper pond in her back yard is no longer a pond but is now marshland due to all
of the silt from Grower Direct coming down into the brook and landing in their
upper pond. She thinks they need to
stop what they are doing.
Roger
Steding, 153 Hampden Road,
commented that the noise from the trucks is outrageous. He submitted a letter with attachments,
which he read. The letter outlined
the various activities as well as noted specific discussions from various town
board and commission meetings at which violations at Grower Direct Farms had
been addressed. He explained that
the access road and town road is not being maintained creating dust and a
washboard effect, and that 3 other commercial operations are currently using the
road. He stated that the special
use permit should not be approved.
Mark
Burgdorf, 163 Hampden Road,
echoed the neighbor’s remarks. It
is noisy, dusty and inconvenient.
If they are going to continue to do this, they need to improve the access
road.
Joan
Rivard, 74 Maple Ridge Drive,
spoke for the applicant, noting that she has been working with Grower Direct for
several years because her organization does flowers around town and she sees
that the roads are constantly being watered down and kept
clean.
Mr.
VanWingerden commented that any trucks before 7:00 a.m. or after 5:00 p.m. are
for the greenhouse operation, not the gravel operations.
Henry
& Pat Brower, 74 Hampden Road,
disagreed with Mr. VanWingerden’s comment and stated that there certainly are
gravel trucks regularly waiting to enter the premises at 6:45 a.m. in the
morning.
At
9:04 p.m., a motion was made by Peter Chipouras, seconded by Peter Klein and
unanimously voted to continue this portion of the public hearing to March 20,
2006 at 7:00 p.m. in the Town Hall.
The
Commission took a short recess.
II.
CALL TO ORDER
Chairman
Peter Klein called the regular meeting to order at 9:08 p.m. Members Peter Chipouras, Peter Klein,
Lise Wood (who returned to her seat), and Alternate Members Jill Conklin (seated
for Anita Calder) and Wes Smith (seated for Rob Martin) were present and
constituted a quorum. Town Planner
Patrice Carson and Zoning Enforcement Officer Jim Taylor were also
present.
A
motion was made by Lise Wood, seconded by Peter Chipouras and unanimously voted
to approve the minutes of the February 6, 2006 meeting as written.
IV.
OLD
BUSINESS
a.
Discussion/Possible Decision:
Modification of Special Use Permit Application for Gravel Bank, South
Road, Bordeaux Farm
Mrs.
Carson explained that this modification will be incorporated into Mr. Bordeaux’s
current permit which expires June 30, 2006 and no additional fee is going to be
charged.
A
motion was made by Wes Smith, seconded by Lise Wood, and unanimously voted to
approve the modification of Bordeaux’s Special Use Permit for the Gravel Bank on
South Road until June 30, 2006. The
application fee has already been paid and no additional bond is
required.
b.
Discussion/ Possible Decision: Zoning Commission’s
Amendment to the Zoning Regulations Section 214-84.A. Areas of Special Flood
Hazard, to Update Flood Requirements
A
motion was made by Lise Wood, seconded by Jill Conklin, and unanimously voted to
approve the Zoning Commission’s Amendment to the Zoning Regulations Section
214-84.A. Areas of Special Flood Hazard, to update the flood requirements,
effective the day after publication in the newspaper.
c.
Discussion/Possible Decision:
Application for Renewal of Special Use Permit for Flea Markets and
Auctions, 430 South Road, Pleasant View Farms Realty
Discussion
followed regarding the need for certain changes to the wording. Notice of events must be given to the
town well in advance. More
specifics need to be included as to noise level and a time limit of 10:00 p.m.
for outside music. The applicant
must be made aware that violations will result in revocation of the permit. Mr. Taylor noted that Mr. Lipton has
always been very responsive when asked to comply with any
request.
Discussion
followed regarding the difficulty in limiting the number of events he can have
during the year. It was the
consensus that a limit should not be set.
A
motion was made by Lise Wood, seconded by Peter Chipouras, and unanimously voted
to approve Pleasant View Farms Realty’s application for renewal of the Special
Use Permit for Flea Markets, Auctions, and Music Festivals at 430 South Road,
with the conditions of noise control, no outside music after 10:00 p.m., and
presentation of a written schedule of events to the Zoning Enforcement Officer
in advance of any event. The
renewal period is March 6, 2006 to March 5, 2007.
d.
Discussion/Possible Decision:
Zoning Commission’s Amendment to the Zoning Regulations Section 214-93.
Temporary Commercial Uses to Include Uses for Farms
It
was noted that good comments were made at the hearing and the information will
be presented to the Town Attorney for consideration.
Discussion
followed that restrictions will also depend on the type of event and how to
clarify the language included. Mr.
Taylor added that the Statement of Purpose provided with the application is very
helpful in outlining what types of activities are
included.
Mr.
Klein noted that by limiting the language to jamborees, music festivals, etc. we
may be preventing people from applying for a Special Use
Permit.
Discussion
followed about holding public hearings on the renewal of applications and it was
the consensus of the Commission that the public hearings will not be
waived. The Commission will
continue to discuss this with the Town Attorney. Any significant changes will require
another public hearing.
e.
Discussion/Possible Decision:
Special Use Permit Application for Gravel Bank, 164 Hampden Road, Grower
Direct Farms
– This item
was deferred until the next meeting.
f.
Other
– There was
no other Old Business.
V.
NEW
BUSINESS
– None presented.
VI.
DISCUSSION: PLAN OF CONSERVATION AND
DEVELOPMENT
The
next meeting will be March 27, 2006 at 7:00 p.m. with the Economic Development
Commission. The Commission will
also be discussing Agricultural Zones.
VII.
STAFF/COMMISSIONER
REPORTS
Mr.
Taylor presented his report for review.
A motion was made by Lise Wood, seconded by Jill Conklin and unanimously
voted to accept the Zoning Enforcement Officers report from February 6 to March
3, 2006.
VIII.
CORRESPONDENCE AND
BILLS
A
notice was received from CFPZC about their March 23, 2006 Annual Conference
meeting.
IX.
ADJOURNMENT
A
motion was made by Lise Wood, seconded by Jill Conklin and unanimously voted to
adjourn the March 6, 2006 Zoning Commission meeting at 9:57
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 March 6, 2006
Covering from 2/06/06 thru
3/03/06 Activities listed by Address
Enforcement
activity:
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.
3/02/06 No Change.
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.
3/01/06. Not fully compliant due to
weather conditions. Will follow up.
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.
3/01/06. 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.
3/02/06. Mr. Paley is serving in
Iraq. Will postpone enforcement at this time.
6.
2/07/06. 64 Main St. L. Sonski. Sections 214-101 (Failure to
obtain Zoning Permit for accessory building) and 214-98.A (Failure to comply
with Set-Back Requirements).
Requested Compliance.
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.
3/02/06.
Public
hearing scheduled for 3-06/06.
8..
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.
3/01/06. Building Official is working
with property owner toward compliance.
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.
2/16/06. Violation
Eliminated.
11. 2/01/06. 515 Springfield
Rd. M. Bushior. Section 214-98.B. (Storage of Junk Material). Requested
Compliance.
3/02/06. About to commence further
enforcement action.
Respectfully submitted:
James R.
Taylor
Zoning Enforcement
Officer