ZONING
COMMISSION
P.O.
BOX 308
May
1, 2006
7:00 p.m. Town
Hall
Chairman
Pete Klein called the regular meeting to order at 7:02 p.m. Members Anita Calder, Rob Martin, Lise
Wood, and Alternate Members Wes Smith (seated for Jill Conklin) and Terry Kuzman
were present and constituted a quorum.
Town Planner Patrice Carson was also present. The Commission welcomed new Alternate
Member Terry Kuzman.
II.
MINUTES APPROVAL
A
change was made to Page 2, Item B of the Minutes from the April 17, 2006
meeting. “Geisslers” was changed to
“Geissler’s”. A motion was made by
Rob Martin, seconded by Lise Wood and unanimously voted to approve the minutes
of April 17, 2006 as amended.
a.
Special Use Permit Application for Construction Trailer, Shaker Road
(Somers Village ARH Project), Gingras Development, LLC - Set New Public Hearing
Date
Mrs.
Carson explained that since the last meeting there were some difficulties with
the Journal Inquirer and she was unable to get the notice of public hearing date
published in time to hold the hearing as scheduled.
A
motion was made by Rob Martin, seconded by Lise Wood and unanimously voted to
reschedule the public hearing on Gingras Development LLC’s Special Use Permit
Application for May 15, 2006 at 7:00 p.m.
b.
Site Plan Application for Shopping Center, 85 South Road, Somers Crossing
LLC
Architect
Chuck Bomley of Plan B Retail Design presented the plans for the site. The light level will be kept around 1.75
watts, with 2-foot candles. The
fixtures will be 40 watt. There is
to be a mix of light at the pole junctures, with forward throws where
needed. No lighting was included on
the perimeter or on the side of the building. It has been decided to use more lights
now than originally intended, because the poles will be shorter. Those used will be positioned within the
islands to give more control and satisfy the cutoffs better. The fixtures will provide all down
lighting, with nothing turned to face outward. Mr. Bomley will submit a cut sheet of
the light fixture, but described it as a traditional looking fixture not
intended as a design element but rather functional. Low-wattage wall lighting will be
installed for security on the back of the building.
At
this time, the landscape design is concept-oriented and includes stone-wall
berms with decorative grasses.
These will provide full, attractive plant coverage even in the
winter. They will avoid taller
species.
The
entrance design, including lanes, may be changed by what the state requires, but
currently a dual entrance is planned.
A raised island berm is planned, and will be designed to accommodate
tractor-trailer trucks, which will pull into the parking lot at the front
entrance. They will move into the
back for receiving. The front of
the building will not be designed for tractor-trailer access. There will be 243 parking spaces, which
has been calculated by the square footage of the
buildings.
At
this time there was still nothing to refer to the Planning Commission. The applicant will be submitting
additional information for review.
c.
Other
- There was no other Old Business.
IV.
NEW
BUSINESS
a.
Special Use Permit Application for Nursery School/Day Care, 27 Quality
Avenue, Bonazelli
The
applicant is seeking to open a daycare/nursery school at the rear of the
building at 27 Quality Avenue. They
would like to have a playground on the side and at this point are considering
options for making it blend into the building nicely. Fencing will be included around the
area, perhaps green wire, surrounded with arborvitaes.
With
respect to handicap access, he believes that most children will be small enough
to carry, and the proposed tenants confirmed this, noting that the children
using the center will be rather young.
However, they have not yet received any information from the state
regarding requirements, and should handicap access be required, they expect to
comply with that.
Concern
was expressed that the river flowing behind the building would be a problem for
a daycare. The proposed tenants
feel that this may not be a problem because the children will be tethered
together, but should state requirements demand further measures, they will be
considered. The tenant has spoken
with the State Licensing Commission regarding this and has been assured that a
fence should not be an issue.
Parking
was discussed briefly and it is expected that the tenant will need access for
about 40 cars. Drop-offs and
pickups will be at different times and a turnaround area will be included. Handicap access will need to be
marked.
Discussion
followed about the various approvals needed and the tenant and applicant
explained that they will need local approval before getting state
approval.
The
tenant explained that she expects the state will allow up to 48 children with
one teacher for each 4 children.
A
motion was made by Lise Wood, seconded by Rob Martin and unanimously voted to
accept the application, refer it to the Planning Commission and set a hearing
date for May 15, 2006.
b.
Special Use Permit Application to Build New Solar Home with No Basement,
87 Pioneer Heights, Grant
Mr.
Grant explained that he is seeking to build an approximately 1,680 square foot
passive solar home at 87 Pioneer Heights in accordance with research he has been
doing for the past 20 years. The
solar home has been designed to require no basement. He hopes to use a convection system
requiring vents on the south side of the home so that the sun can access them in
the winter. Heat will be stored by
concrete thermal mats which would heat up during the day and hold the heat
through the night. The flooring
would generate heat.
Discussion
followed about the utilities and plumbing and they will be designed to be stored
under slab flooring. Approximately
70 to 80 percent of the building will be situated on concrete
slab.
A
motion was made by Lise Wood, seconded by Wes Smith and unanimously voted to
accept the Special Use Permit Application, refer it to the Planning Commission
and set a public hearing date for May 15, 2006 at 7:00
p.m.
c.
Special Use Permit Application for Gravel Bank, South Road, Bordeaux
Farm
On
March 1, 2006 the Zoning Enforcement Officer sent a letter to all the gravel
bank owners requesting their plans by mid-April. The Land Use Office has received this
application for review which hasn’t changed much since it was just modified a
few months ago. It should be sent
to Jim Taylor and Merv Strauss for review and comments.
A
motion was made by Lise Wood, seconded by Rob Martin and unanimously voted to
accept this application and refer it to the Town Engineer, the ZEO and the
Planning Commission for review and comment.
d.
Special Use Permit Application for Gravel Bank, Egypt Road,
Charter
The
Commission was reminded that the gravel bank is situated on property between
both Ellington and Somers. The
portion situated in Somers has frontage along Egypt Road which is the area that
is being worked on now. The bond is
anticipated to be $34,200.00, but the Town Engineer has not yet reviewed the
plans.
A
motion was made by Lise Wood, seconded by Wes Smith and unanimously voted to
accept this application and refer it to the Town Engineer, the ZEO and the
Planning Commission for review and comment.
e.
Special Use Permit Application for Gravel Bank, South Road, Pleasant View
Farms Realty
Revised
plans have been received. The bond
amount presented by Mr. Lipton’s engineer has not yet been reviewed by Mr.
Strauss, but it is anticipated that it will be around
$39,000.00.
A
motion was made by Rob Martin, seconded by Lise Wood and unanimously voted to
accept this application and refer it to the Town Engineer, the ZEO and the
Planning Commission for review and comment.
At
this time, Lise Wood recused herself from the meeting. Terry Kuzman was
seated.
f.
Special Use Permit Application for Gravel Bank, Stafford/Root/Wood Roads,
Wood Gravel Operation LLC
Bruce
Wood presented plans which have been received by staff but have not yet been
reviewed. Mr. Wood explained that
he is seeking to use a portion of the area as pastureland and the entire process
of completing this work will take approximately 5 to 7 years. He explained how the pasture is to be
created and it was explained to him what approvals he will need throughout the
process. He noted that should he
have any questions, he will check with staff.
A
motion was made by Rob Martin, seconded by Anita Calder and unanimously voted to
accept this application and refer it to the Town Engineer, the ZEO and the
Planning Commission for review and comment.
g.
Special Use Permit Application for Gravel Bank, 164 Hampden Road, Grower
Direct Farms
No
application or fee has been received from the applicant at this time regarding
renewal. However, information on
this bank was just reviewed a few months ago and probably won’t change
much. A bond amount has been
set. The applicant will be reminded
to get his paperwork into the Commission for next meeting.
At
this time, Lise Wood returned to the meeting.
h.
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 May 22, 2006 at
7:00 p.m. The POCD Consultant will
be attending this anniversary meeting to discuss the year’s
activities.
VI.
STAFF/COMMISSIONER
REPORTS
Since
her last report, the Town Planner reviewed 13 zoning permits and issued 11. She also reviewed 5 Certificates of
Occupancy and issued 4.
Jim
Taylor’s Zoning Enforcement Officer Report was reviewed and after brief
discussion, a motion was made by Lise Wood, seconded by Rob Martin and
unanimously voted to accept the Report.
VII.
CORRESPONDENCE AND
BILLS
A
letter has been received from the Fire Commission dated May 21, 2006 regarding
long-range planning for the Fire Department. Correspondence was also received from
Linda Crzanowski at 312 Root Road regarding the Wood Gravel bank which will be
sent to the Zoning Enforcement Officer for his review and
comment.
No
bills were received.
A
motion was made by Wes Smith, seconded by Lise Wood and unanimously voted to
adjourn the May 1, 2006 Zoning Commission meeting at 8:49
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 May 1, 2006
Covering from 4/16/06 thru
4/28/06 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.
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. Appeal period expires 30 days from date of receipt which was
4/04/06.
3. 4/03/06. 63 Bradfield Dr.
M. Kloter. Section 214-98.A. (Failure to meet Set-Back requirements. Requested
compliance.
4/27/06. Mr. Kloter is in process of
application for a variance to the ZBA.
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.
4/28/06. violation
Eliminated.
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..
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.
4/24/06. It has been agreed to use
this structure only as a pool house as originally
intended.
8. 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.
4/28/06. Owner is in the process of
compliance and should be in total compliance by May 22,
2006.
9. 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.
4/24/06. Owner has gained partial
compliance and has agreed to further compliance.
10.
3/22/06. 3 Turnpike Rd. R. Dembinske. Section214-98..B.22. (Motor
Vehicle Sales in Residential Zone) Requested Compliance.
4/28/06. Violation
Eliminated.
Respectfully submitted:
James R.
Taylor
Zoning Enforcement
Officer