ZONING
COMMISSION
P.O.
BOX 308
June
5, 2006
7:00 p.m. Town
Hall
Chairman
Peter Klein called the regular meeting to order at 7:05 p.m. Members Anita Calder, Jill Conklin,
Robert Martin, Lise Wood and Alternate Member Terry Kuzman were present and
constituted a quorum. Town Planner
Patrice Carson was also present.
II.
INTERVIEW DESIGN REVIEW BOARD CANDIDATES
This
item was deferred because there were no applicants to
interview.
The
following changes were
made in the heading for Items B,
Public
Hearing and Old Business of the May 15, 2006 minutes: “Nursury” was changed to
“Nursery”.
A
motion was made by Robert Martin, seconded by Lise Wood and unanimously voted to
approve the minutes of the May 15, 2006 Zoning Commission Meeting as
amended.
IV. OLD
BUSINESS:
a.
Special Use Permit Application for Gravel Bank, South Road, Bordeaux Farm
– Set Public Hearing
A
motion was made by Rob Martin, seconded by Lise Wood and unanimously voted to
set a public hearing date on the Application for June 19, 2006 at 7:00
p.m.
b.
Special Use Permit Application for Gravel Bank, Egypt Road, Charter – Set
Public Hearing
A
motion was made by Rob Martin, seconded by Anita Calder and unanimously voted to
set a public hearing date on the Application for June 19, 2006 at 7:00
p.m.
c.
Special Use Permit Application for Gravel Bank, South Road, Pleasant View
Farms Realty – Set Public Hearing
A
motion was made by Lise Wood, seconded by Jill Conklin and unanimously voted to
set a public hearing date on the Application for June 19, 2006 at 7:00
p.m.
Mrs.
Wood recused herself at this time and Terry Kuzman was seated in her
place.
d.
Special Use Permit Application for Gravel Bank, Stafford/Root/Wood Roads,
Wood Gravel Operation LLC – Set Public Hearing
Mrs.
Carson explained that Town Engineer Merv Strauss is waiting for additional
information on this gravel bank before being able to set a bond amount. Bruce Wood and Jay Ussery from J. R.
Russo and Associates offered to present information which has been gathered
recently and a new set of plans which will be submitted to Mr. Strauss for
review.
Mr.
Ussery has examined the original plans for the Permit Application presented in
1987. It was his recollection that
the Zoning Commission at that time was concerned about how the site would look
upon completion of the gravel operation and Mr. Wood had included plans showing
his eventual intent that the site would be subdivided into building lots once
the gravel operation was totally complete.
He explained that the removal of the areas of trees in both sites in
question is in accordance with this eventual plan.
Mr.
Klein noted that a neighbor had complained about the wind stirring up dust and
moving it across their property.
Mr. Ussery suggested that as the stockpiles in the center of the site are
removed, any additional work be done at the rear of the site, which should
alleviate most of the neighbor’s concerns about dust. In addition, Mr. Wood explained that he
intends to hydro-seed the berm area which will prevent any further dust from
leaving that site.
Mr.
Klein also expressed concern that Zoning Regulation 214-70 regarding activity
taking place within the 100-foot regulated area might be in violation as
well. The Commission reviewed the
regulation and it was determined that this should not be an issue. It was also noted that if a public
hearing were held at the next meeting, the Zoning Enforcement Officer would be
present to answer questions.
Mrs.
Carson suggested that if Mr. Strauss could review the plans and then get a
letter to the Planning Commission for it’s next meeting, the public hearing date
could still be set.
A
motion was made by Jill Conklin, seconded by Terry Kuzman and unanimously voted
to set a public hearing date on the Application for June 19, 2006 at 7:00
p.m.
e.
Special Use Permit Application for Gravel Bank, 164 Hampden Road, Grower
Direct Farms – Set Public Hearing
Mrs.
Carson reported that the Town Engineer is still reviewing the plans but should
be done in time for a public hearing on June 19. A motion was made by Robert Martin,
seconded by Anita Calder and unanimously voted to set a public hearing date on
the Application for June 19, 2006 at 7:00 p.m.
At
this time, Mrs. Wood returned to the meeting and Mr. Kuzman was unseated. A motion was made by Lise Wood, seconded
by Anita Calder and unanimously voted to take New Business out of
order.
a.
Special Use Permit Application for Nursery School/Day Care, 399 Billings
Road, Wohlers
Jay
Wohlers presented plans for an addition onto his current split-level style home
which will include two levels. The
upper level will include additional living space for his family and the bottom
portion will include a Nursery School/Day Care which will accommodate up to 12
children. The hours of operation
are expected to be weekdays between 7:00 a.m. and 5:30
p.m.
An
outdoor playground will be constructed and fenced within a 24’ x 48’ area. Arborvitaes will be planted along the
rear portion of the fenced area and once the bushes have grown and filled in,
the back area of fencing will be removed.
The
driveway will be horseshoe-shaped and 12 feet wide, with traffic flowing in a
one-way direction. There will also be parking at the side of the building, which
will accommodate the one additional employee the applicant intends to
have.
Mr.
Wohlers explained that he will need town approval before applying for state
approval.
A
motion was made by Robert Martin, seconded by Lise Wood and unanimously voted to
accept the application, refer it to the Planning Commission and set a public
hearing date for June 19, 2006 at 7:00 p.m.
b.
Other
- No
Other New Business was presented.
OLD
BUSINESS:
(cont.)
f. Discussion/Review of Proposed Amendment
to the Zoning Regulations for Change in Allowable Building
Height
This
item was deferred pending further information.
g.
Other
- No other Old Business was presented.
VI.
DISCUSSION: PLAN OF CONSERVATION AND
DEVELOPMENT
The
next Plan of Conservation and Development meeting has been set for June 26, 2006
at 7:00 p.m.
VII.
STAFF/COMMISSIONER
REPORTS
The
Zoning Enforcement Officer’s Report of May 14, 2006 through June 2, 2006 was
reviewed by the Commissioners.
After brief discussion, a motion was made by Robert Martin, seconded by
Jill Conklin and unanimously voted to accept the Report as
presented.
VIII.
CORRESPONDENCE AND
BILLS
Correspondence
was received from Chairman Klein that he will be resigning from the Zoning
Commission at the expiration of his term, June 25, 2006.
Correspondence
was received from the First Selectmen reminding the Commission to use their
nameplates at each meeting.
A
notice dated May 22, 2006 was received from the DEP that it is reviewing the
Town’s application to renew its permit for discharging into the Scantic
River.
No
bills were received.
A
motion was made by Jill Conklin, seconded by Lise Wood and unanimously voted to
adjourn the June 5, 2006 Zoning Commission meeting at 8:11
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 June 5, 2006
Covering from 5/14/06 thru
6/2/06 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.
5/10/06. Very little
progress made to compliance. Will consider legal action within two
weeks.
5/24/06. Referred to Town Attorney
for injunctive action.
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.
5/09/06. 63 Bradfield Dr. M. Kloter. Section 214-19 (Improper Storage of
Recreation Vehicle). Requested Compliance.
5/30/06.
Violation
Eliminated.
6.
5/31/06. 107 Billings Rd. J. Petkis Jr. Section 214-101. (Failure
to obtain Zoning Permit. Requested Compliance.
7.
5/10/06. 8 Bittersweet Hill, T Denehy. Sections 214-101 (Failure to obtain
Zoning Permit) and 214-98 (Failure to comply with Front Yard Set-back
requirement. Request Compliance.
5/29/06. Violation
Eliminated.
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 In the process of
compliance and should be in total compliance by May 22,
2006.
5/17/06. Referred to Town Attorney
for injunctive Action.
9. 5/31/06. 31
Sunshine Farms Dr. D. Brierley. Section 214-101 (Failure to obtain Zoning Permit
and Section 214-38.G. (Failure to comply with 75 foot set-back requirement..
Issued Cease & Desist Order.
10. 5/31/06. 423
Billings Rd. R. Bruch. Section 214-101 (Failure to obtain Zoniong Permit).
Requested Compliance.
Respectfully
submitted:
James R.
Taylor
Zoning Enforcement
Officer