ZONING
COMMISSION
P.O. BOX 308
Monday, March 20,
2006
7:00 p.m. Town
Hall
a.
Continuation: Special Use
Permit Application for Gravel Bank, 164 Hampden Road, Grower Direct
Farms
Chairman Peter
Klein called the continuation of the public hearing to order at 7:02 p.m. Lise Wood recused herself from the
hearing. The meeting was opened for
comments from the audience.
Henry Broer,
74 Hampden Road, read a
letter that he wrote to the Zoning Commission requesting that the gravel
operation be limited to 3 days a week, from 9:00 a.m. to 3:00 p.m. The letter also stated he and Mrs. Broer
believe that the Zoning Commission currently has adequate information to legally
deny the permit application. If the
permit is granted, there will be 3 gravel operations within 1/4 mile of each
other.
Roger
Stedding, 153 Hampden Road, also presented a letter with
attachments. He noted that at the
first portion of the public hearing, Mr. Van Wingerden commented that any trucks
coming or going from the site before 7:00 a.m. or after 5:00 p.m. were not
related to the gravel operation.
The Zoning Regulations state that no activity related to a gravel
operation can take place before 7:30 a.m. or after 5:00 p.m. He submitted photos taken on March 14
and March 15, 2006 showing trucks entering at 6:53 a.m. and leaving at 7:14
a.m. On March 14, 2006, 13 dump
trucks were counted going into the operation within the period from 6:55 a.m. to
7:30 a.m. He also presented photos
showing the tracking of mud onto Hampden Road on March 17, 2006. Additionally, there are breaks in the
screening from the road which have expanded from originally 20 feet in length to
now 80 feet.
In 1996 the EPA
report listed 19 facilities in Somers that violated their standards. Grower Direct was the only farm included
on that list. He listed the various
gasses which are emitted from the farm.
He noted that
both the Wood Gravel Bank and the Grower Direct operation use the same access
road, which would make it impossible to monitor either
operation.
He stated that
the Zoning Commission should address such issues, as well as the Zoning
Enforcement Officer’s stop-work orders, prior to considering approval of the
application. He requested that the
application be denied.
Leonard Van
Wingerden, Grower Direct Farms, 164 Hampden Road, explained that his reason for applying
for the gravel bank permit is not to run a gravel bank operation, but to clear
excess material to create a level surface for adding to his growing area. He began clearing the area believing
that he was entitled to do so.
However, Mr. Taylor told him that the volume of the gravel being removed
from the site required that he apply for a gravel permit. A cease and desist order was issued, but
when he spoke to Mr. Pinney and Mr. Taylor regarding the order, he was told that
he could continue to remove material while going through the application
process. He added that Herb Holden
is removing the gravel, so he is somewhat dependent upon Mr. Holden to adhere to
the regulations. Mr. Holden has
been asked to no longer allow trucks onto the site prior to 7:30 a.m. and as of
Tuesday, March 14, 2006, such has been the case. He added that the road is difficult to
maintain this time of year because of the freezing and thawing that happens
continuously. However, repair work
has been done and it is in better shape now. The banging from the trucks is
diminished.
Mr. Van
Wingerden stated that Grower Direct Farms has an EPA permit to burn No. 2
heating oil in its furnaces. The
gases that are emitted are within the state guidelines.
A motion was
made by Peter Chipouras, seconded by Rob Martin and unanimously voted to close
the public hearing Special Use Permit for Gravel Bank for Grower Direct Farms,
164 Hampden Road at 7:17
p.m.
Chairman Peter
Klein called the regular meeting to order at 7:18 p.m. Members Peter Chipouras, Peter Klein,
Robert Martin, Lise Wood (no longer recused), and Alternate Member Jill Conklin
(seated for Anita Calder) were present and constituted a quorum.
A change was
made to Page 6 of the March 6, 2006 Zoning Minutes. The surname “Brower” was corrected to
“Broer”.
A motion was
made by Lise Wood, seconded by Peter Chipouras and passed by a vote of 4 in
favor, 0 opposed, 1 abstention (Martin) to approve the March 6, 2006 minutes as
amended.
IV.
OLD
BUSINESS
a. Discussion/Possible Decision: Special Use Permit Application for
Gravel Bank, 164 Hampden Road, Grower Direct Farms
Lise
Wood recused herself from this item.
After
Mr. Klein reviewed with Mr. Martin the previous events regarding the
application, the neighbors specific concerns were cited and discussed. Mr. Klein noted that if the days and
hours of operation were reduced as suggested, the time necessary to complete the
work will be increased.
Mr.
Klein read the letter dated March 9, 2006, which Merv Strauss had submitted
regarding the application. Also it
was noted that David Askew’s letter to the Commission requested more information
about sediment and erosion control on the site.
Comment
was made that a portion of the property containing the gravel road belongs to
Wood Gravel and not to Mr. Van Wingerden.
The application cannot be approved when a part of the property included
in it does not belong to the applicant.
A
motion was made by Peter Chipouras, seconded by Jill Conklin, and unanimously
voted to continue the discussion at the next meeting.
b. Discussion/Possible Decision: Zoning Commission’s Amendment to the
Zoning Regulations Section 214.93.
Temporary Commercial Uses to Include Uses for Farms
Lise
Wood returned to the meeting at this time and commented that people at the March
6, 2006 public hearing seemed confused about the proposed
amendment.
Peter
Chipouras has researched agricultural tourism and will be sending information to
the Commissioners and Patrice Carson prior to the next meeting. A good example of a town dealing with
this issue is Woodstock, Connecticut.
He commented that Somers Zoning Regulations should include a separate
regulation for farms as they are so different from regular commercial
enterprises.
Mr.
Klein reported that new
information dealing with
concerns from the last meeting has not yet been received from the Town
Attorney.
c. Other
- There was no other Old Business.
IV.
NEW
BUSINESS
A
motion was made by Rob Martin, seconded by Lise Wood and unanimously voted to
add a new item to the agenda under New Business.
a. Site Plan Application For Change of Use
from Non-Conforming Residential To Commercial, 36 South Road,
Jacewicz
Mr.
and Mrs. Jacewicz were available to answer questions. Mr. Klein showed the plans for the spa
on South Road and explained that a portion of the building on the second floor
is set up as an apartment. The
applicant would like to take out the apartment and may consider using the room
as part of the spa in the future.
Both
the Fire Department and the Sanitarian have reviewed the application and signed
off on it.
A
motion was made by Lise Wood, seconded by Peter Chipouras and unanimously voted
to accept the application and refer it to the Planning
Commission.
b. Other - There was no other New
Business.
VI.
DISCUSSION: PLAN OF CONSERVATION AND
DEVELOPMENT
A
reminder was given that the next POCD meeting will be Monday, March 27,
2006 at 7:00 p.m.
VII.
STAFF/COMMISSIONER
REPORTS
The
Commission reviewed Jim Taylor’s Zoning Enforcement Officer’s Report dated March
20, 2006 and covering the period of March 5 to March 17, 2006. A motion was made by Rob Martin, seconded
by Lise Wood and unanimously voted to accept the report.
VIII.
CORRESPONDENCE AND
BILLS
- None were presented.
A motion was
made by Lise Wood, seconded by Rob Martin and unanimously voted to adjourn the
March 20, 2006 Zoning Commission meeting at 7:56 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 20, 2006
Covering from 3/05/06 thru
3/17/06 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.
3/17/06. No further action to be
taken at this time. Will re-evaluate in the future.
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.
3/01/06Not fully compliant
due to weather conditions. Will follow up.
3/17/06. 90% compliant. Should be
fully compliant by April 1, 2006.
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. Will follow up in
May.
5.
3/07/06. 64 Main St. L. Sonski. (THIS ACTION IS SEPARATE FROM ITEM
6 BELOW. Sections 214-98 (Junk Material and 214-60 (Unregistered Vehicles).
Referred to Town Attorney for injunctive action in Superior
Court.
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.
3/15/06. In process of obtaining
permits.
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.
3/17/06. Public Hearing scheduled
for 3/20/06.
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. 3/14/06. 701
Stafford Rd. R. Bourque. Sections 214-98 (Storage of Junk Material) and 214-60 (
Unregistered Vehicles). Requested Compliance.
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.
3/15/06. Issued Cease and Desist
Order.
Respectfully submitted:
James R.
Taylor
Zoning Enforcement
Officer