ZONING
COMMISSION
P.O.
BOX 308
April
17, 2006
7:00
p.m.
Town
Hall
Acting
Chairman Rob Martin called the regular meeting to order at 7:01 p.m. Members Anita Calder, Rob Martin, Lise
Wood, and Alternate Members Jill Conklin (seated for Peter Klein) and Wes Smith
(seated for Peter Chipouras) were present and constituted a quorum. Town Planner Patrice Carson was also
present. The Commission held a
moment of silence for the passing of Member Peter
Chiporas.
II.
MINUTES APPROVAL
A
motion was made by Lise Wood, seconded by Anita Calder and unanimously voted to
approve the minutes of April 3, 2006 as presented.
a.
Discussion/Possible Decision:
Site Plan Application for Change of Use From Non-Conforming Residential
To Commercial, 36 South Road, Jacewicz
The
Commission reviewed the application submitted at the April 3, 2006 meeting. The applicants are seeking to change the
use of the complete building to commercial. Presently, the second floor is
designated non-conforming residential use because it was an apartment. Mr. and Mrs. Jacewicz would now like to
use that area commercially as part of the day spa. The applicants understand that once the
use is changed to a conforming use, it is permanent and the only way to change
it back would be to apply for a special use permit.
The
Planning Commission reviewed the application at this Commission’s request and
returned it with a favorable recommendation, commenting that the building will
conform to the Plan of Conservation and Development since the building is no
longer set up to be used as a residence, so the change is a suitable
one.
A
motion was made by Jill Conklin, seconded by Lise Wood and unanimously voted to
approve Jacewicz’s site plan application for change of use from non-conforming
residential to commercial at 36 South Road.
b.
Other
- There was no other Old Business.
IV.
NEW
BUSINESS
a.
Special Use Permit Application for Construction Trailer, Shaker Road
(Somers Village ARH Project) Gingras Development, LLC
Mr.
Tom Carenzo with Gingras Development explained the application to the
Commission. In order to provide a
place to meet with prospective buyers, the applicant is seeking to set up a 10
foot by 50 foot trailer, with electricity on the Shaker Road side of the
building site. There will be no
bathrooms. It is expected that the
trailer will be used for about 6 months.
Mrs. Carson stated that the permit term is one
year.
A
motion was made by Lise Wood, seconded by Anita Calder and unanimously voted to
accept the application, refer it to the Planning Commission and set the public
hearing for May 1, 2006 at 7:00 p.m.
b.
Site Plan Application for Shopping Center, 85 South Road, Somers
Crossing, LLC
Applicant
Chet Ladd explained that an application for this site was approved years ago and
has since expired. He now has a
tenant and is re-submitting his application to accommodate a Geissler’s
Market. The Land Use Staff has met
with the applicant to briefly discuss the application and Mrs. Carson explained
that the only possible positioning of the septic system is at the front of the
site. Mr. Bomely of Plan B Retail
Design, the design engineer for Geisslers who is also working with Mr. Ladd,
explained how the preliminary plan is well suited for shoppers and fits into the
town’s landscape. Mr. Bomley
presented initial sketches of the building which include staggered facings to
prevent a flat, strip mall appearance.
As other stores are added during the second phase of the project, they
will be broken up in a relief-fashion, which will conform with the street-like
design. The Commissioners suggested
cupolas along the roof to prevent a straight, flat line and Mr. Bomley noted
that this option would be considered.
There
are a few parking spaces along the side of the store, but most parking will be
situated in front of the store due to the location of the septic system and the
loading areas required. The roadway
will include a round-about which will direct the flow of
traffic.
Lighting
is proposed as 1-1/2 foot candles set on approximately 30-foot poles. It is expected that about 4 poles will
be adequate. Cut-offs will be used
to prevent lighting spillover on abutting properties.
Sandy
Aeschliman has contacted the State Traffic Commission regarding the
application.
It
was noted that a full architectural design, a lighting plan with photometrics
and a landscaping overview needs to be presented for staff and Zoning
Commissioners review. It was the
consensus of the Commission to hold the application until complete so that it
may be presented in its entirety to the Planning Commission for
review.
A
motion was made by Wes Smith, seconded by Jill Conklin and unanimously voted to
accept the site plan application, pending receipt of the architectural
renderings, lighting plans and landscaping plans.
c.
Other
- No Other New Business was presented.
V.
DISCUSSION: PLAN OF CONSERVATION AND
DEVELOPMENT
A
reminder was given that the next POCD meeting is scheduled for April 24, 2006,
at 7:00 p.m. POCD Consultant Glen
Chalder will be attending this anniversary meeting to discuss the year’s
activities.
VI.
STAFF/COMMISSIONER
REPORTS
In
February, the Town Planner reviewed and issued 5 zoning permits. She also reviewed 9 certificates of
occupancy of which 6 were issued.
Jim
Taylor’s Zoning Enforcement Officer Report was reviewed and after brief
discussion, a motion was made by Lise Wood, seconded by Jill Conklin and
unanimously voted to accept the Report.
VII.
CORRESPONDENCE AND
BILLS
An
invitation to a legislative reception on Thursday, April 27, 2006, has been
received.
David
Pinney has sent a memo regarding the Design Review Board. He asks that Commissioners help with the
search for individuals to serve on the new Board. It was the consensus of the Commission
to meet with prospective members for interviews at the May 1, 2006
meeting.
A
letter was received from Kenneth Prior, Mountain Road, regarding a corral area
which has been set up at Worthington Pond Farm to hold several cows. The Zoning Commission referred this
letter to the Zoning Enforcement Officer for his review of the
situation.
A
motion was made by Jill Conklin, seconded by Lise Wood and unanimously voted to
adjourn the April 17, 2006 Zoning Commission meeting at 8:00
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 April 17, 2006
Covering from 4/02/06 thru
4/14/06 Activities listed by Address
Enforcement
activity:
Page 1 of
3.
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.
3/21/06 663 Main St. P. Smith. Sections 214-98 (Storage of Junk Material) and
214-60 (Storage of Unregistered Vehicles). Issued Cease & Desist
Order.
4/13/06. In 30 day appeal
period.
3. 4/03/06. 63
Bradfield Dr. M. Kloter. Section 214-98.A. (Failure to meet Set-Back
requirements. Requested compliance.
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.
4/05/06. 124 Main St. F. Albano. Section 214-98.B.22.
(Non-permitted Motor Vehicle Sales). Issued Cease & Desist
Order.
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.
3/25/06. Permit for structure
has been issued. Structure to be moved to comply with Set-Back
requirements.
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.
4/04/06. Commission approved Special
Use Permit at meeting of 2/03/06. Violation Eliminated.
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.
9. 3/14/06. 701 Stafford Rd.
R. Bourque. Sections 214-98 (Storage of Junk Material) and 214-60 ( Unregistered
Vehicles). Requested Compliance.
3/29/06. Issued Cease &
Desist Order.
4/13/06. Pending 30 day Appeal
Period.
10. 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.
3/29/06. Pending 30 day
appeal period.
11.
3/22/06. 682 Springfield Rd. T. Nguyen. Sections 214-57 ( Sign Violation) and
214.98.B. (Non-permitted Business. Requested Compliance.
4/13/06. Violation
Eliminated.
12.
3/22/06. 3 Turnpike Rd. R. Dembinske. Section214-98..B.22. (Motor
Vehicle Sales in Residential Zone) Requested Compliance.
Respectfully submitted:
James R.
Taylor
Zoning Enforcement
Officer