ZONING
COMMISSION
P.O.
BOX 308
Monday,
June 19, 2006
7:00
p.m.
Town
Hall
Chairman
Peter Klein called the public hearings to order at 7:00 p.m. Town Planner Patrice Carson read the
legal notice.
a.
Special Use Permit Application for Gravel Bank, Egypt Road,
Charter
Mr.
Charter presented plans for the site, explaining that the gravel bank contains
two sections, one near Egypt Road on the Ellington side, and one near South Road
on the Somers side for which he came before the Commission in October. The entire site is moving along nicely
and he has dug out the gravel on the Ellington side and now there are stockpiles
on the Somers side. As of two weeks
ago, the back portion has been reclaimed and now it is necessary to come back
and fill in the washes. He intends
to seed in the fall and expects to the site will be completed by October 1,
2006.
Mr.
Klein asked about the possibility of using hydroseeding along the Egypt Road
area, but Mr. Charter felt that it may not take. The consensus of the Commission was that
unless the Town receives complaints, the applicant will be given the time to
plant seed closer to the fall.
Mrs.
Carson reported that the Town Engineer has visited the site, evaluated its
condition and approved of the bond estimate set at $21,600.00. The Planning Commission has considered
the application and given it a positive recommendation.
There
were no comments from the audience and a motion was made by Jill Conklin,
seconded by Lise Wood and unanimously voted to close this public hearing at 7:10
p.m.
b.
Special Use Permit Application for Nursery School/Day Care, 399 Billings
Road, Wohlers
Mr.
Wohlers presented revised plans. He
explained that the driveway has been moved to the west and visitors will enter
and leave from the same entrance in a circular pattern. The current driveway is 20 feet long and
will be expanded to no more than 23 feet.
Mrs.
Carson explained that the Planning Commission has reviewed the application and
recommended a denial without prejudice.
They had no concerns about the daycare itself, only with the line of
sight issue.
A
question arose as to the line of sight being restricted by vegetation as noted
as in Mr. Strauss’s comments. Mr.
Wohlers explained that the sightline is restricted by trees which are not his,
but are his neighbors. Concern for
public safety was discussed and it was suggested by Mrs. Carson that if some of
the tree growth is within the Town’s right-of-way, then it can be cleared by the
town annually. She offered to
discuss this with Public Works.
Mr.
Kuzman suggested that once the tree clearing was done, a second report might be
requested from Mr. Strauss ensuring that his concerns are
alleviated.
Donald
Deveau, 7 Lindell Drive,
requested that if any of his trees are an issue on Billings Road, that they be
trimmed only, and not removed. Mrs.
Carson said she and the DPW would meet with Mr. Deveau prior to any trimming.
There
were no other comments from the audience and a motion was made by Lise Wood,
seconded by Jill Conklin and unanimously voted to close this public hearing at
7:29 p.m.
c.
Special Use Permit Application for Gravel Bank, South Road, Bordeaux
Farms
Cliff
Bordeaux presented plans and explained that the work is basically finished on
Phases 9 and 10 and they are getting ready to start on Phase 11 and expect to
seed when the weather permits.
There are a few stockpiles in Phases 6, 7, and 8.
Mrs.
Carson noted that the Town Engineer visited the site in February, evaluated its
condition and approved of the bond estimate set at $24,730.00. The Planning Commission has considered
the application and given it a positive recommendation.
There
were no comments from the audience and a motion was made by Terry Kuzman,
seconded by Anita Calder and unanimously voted to close this public hearing at
7:34 p.m.
d.
Special Use Permit Application for Gravel Bank, South Road, Pleasant View
Farms Realty
Jeff
Lipton presented the plans noting that this is probably the last year for the
bank. The stockpiles are slowly
being eliminated and are situated at the south end of the
property.
Mrs.
Carson reported that the Town Engineer visited the site and finds the $39,000.00
bond acceptable. The Planning
Commission has reviewed the application and recommended
approval.
A
motion was made by Wes Smith, seconded by Terry Kuzman and unanimously voted to
close the public hearing at 7:38 p.m.
Lise
Wood recused herself at this time.
e.
Special Use Permit Application for Gravel Bank, Stafford/Root/Wood Roads,
Wood Gravel Operation LLC
Joe
Russo from J.R. Russo and Associates presented plans with Bruce Wood. Mr. Russo explained that new plans have
been submitted with erosion control as requested. Mr. Wood explained that 80 percent of
the hydroseeding on the berm has been completed. Check dams have been installed. As the stockpiles are depleted, they
will be moved south.
Mrs.
Carson explained that the Planning Commission reviewed the application and
recommended approval pending the Town Engineer’s review and acceptance of the
erosion control plan and the bond figure.
Mr. Strauss has since sent a review dated May 17, 2006 noting that the
newly submitted plans are much better and the bond estimate of $77,640.00 is
acceptable.
Linda
Chrzanowski, 312 Root Road,
submitted a letter and spoke in opposition to the bank. She commented that the west side of her
home has sustained sand-blasting damage and her porch finish has required annual
repairs. In addition, the gutters
fill with dirt each year, particularly in August, because of the dust from the
applicant’s gravel bank.
Alfred
Kibbe, 280 Root Road,
explained that when the wind blows from the west or northwest, his gutters fill
with sand from the applicant’s bank.
Mr.
Russo explained that the erosion and dust will no longer be an issue once the
applicant has completed the work in accordance with his original plans. Discussion followed and it was noted
that should the applicant not receive approval of the permit, no further work
can be done on the site and the dust and erosion will
continue.
Roger
Stedding, 153 Hampden Road,
commented that he is also in opposition of permit because of the vehicle
activity which has been added to the access road along Hampden Road. He explained that there are
pre-existing, non-conforming uses on the site already which should be addressed
prior to approval.
A
motion was made by Jill Conklin, seconded by Anita Calder and unanimously voted
to close this public hearing at 8:05 p.m.
f.
Special Use Permit Application for Gravel Bank, 164 Hampden Road, Grower
Direct Farms
Leonard
Van Wingerden was present to answer questions and noted that the plans have not
been revised since they were just recently submitted for approval a couple
months ago. The gravel removal is
about 50% complete and depending upon the market conditions he estimates that
the project will be finished in about 18 months.
Discussion
followed about Mr. Strauss’s concerns in his letter of June 19 regarding the
steep slope and the potential for blasting. Mr. Van Wingerden explained no blasting
is anticipated and that the slope will be smoothed out and trees protected or
removed.
There
is about 100 feet of asphalt that needs to be patched along the access road and
there are a lot of potholes to be filled in. Mr. Van Wingerden explained that asphalt
work will be done on June 28th and anticipates that there will be
about 230 feet of roadway that will be repaved.
Aniela
Stedding, 153 Hampden Road,
spoke in opposition to the application and read a letter she had written to the
Commission. The letter contained
concerns about the dust and traffic resulting from the operation day and night,
and all week long.
Henry Broer, 74 Hampden
Road,
commented that he had many of the same concerns as Mrs. Stedding. He added that the State of Connecticut
DEP has now become involved and he suggested that the gravel activity be limited
to 5 days a week, with a specific time limit.
Roger Stedding, 153 Hampden
Road,
spoke in opposition to application and noted the various Zoning Regulations
which the applicant has broken with respect to the gravel access road. He submitted his comments for the
Commission’s review and showed video tapes he had taken of trucks and vehicle
activity on the site. He suggested
that only gravel trucks be allowed to use the access road. He added that he has no complaints about
Grower Direct’s nursery operation, but is mainly upset with the increase in
traffic and the types of vehicles coming and going from the
site.
A
motion was made by Jill Conklin, seconded by Anita Calder and unanimously voted
to close this public hearing at 8:58 p.m.
Lise
Wood returned to the meeting. The
Commission took a short recess.
Chairman
Peter Klein called the regular meeting to order at 9:04 p.m. Members Anita Calder, Jill Conklin Peter
Klein, Lise Wood and Alternate Members Terrance Kuzman and Wesley Smith (seated
for Robert Martin) were present and constituted a quorum. Town Planner Patrice Carson was also
present.
Mrs.
Carson reported that it has been difficult finding people who want to serve on
the Design Review Board. This item
was deferred as there were no candidates to interview.
A
motion was made by Lise Wood, seconded by Jill Conklin and unanimously voted to
approve the minutes of the June 5, 2006 meeting as
written.
V.
OLD BUSINESS:
a.
Discussion/Possible Decision:
Special Use Permit Application for Nursery School/Day Care, 399 Billings
Road, Wohlers
Concern
was expressed about the traffic situation, noting that it is currently a
difficult spot and it is important to be sure that the line of sight is
maintained. It was suggested that
the Town Planner meet with DPW about the sightline and a traffic sign warning of
children ahead be placed on Billings Road.
A
motion was made by Lise Wood, seconded by Wes Smith and unanimously voted to
approve Wohlers’ Special Use Permit application for a Nursery School/Day Care at
399 Billings Road with the conditions that the Town remove what vegetation they
can that interrupts the line of sight and the applicant be required to install a
“Children Ahead” sign.
b.
Discussion/Possible Decision:
Special Use Permit Application for Gravel Bank, South Road, Bordeaux
Farm
After
brief discussion, a motion was made by Wes Smith, seconded by Anita Calder and
unanimously voted to approve Bordeaux Farm’s Special Use Permit application for
a gravel bank on South Road with a $24,037.00 bond. The permit will be valid from July 1,
2006 to June 30, 2007.
c.
Discussion/Possible Decision:
Special Use Permit Application for Gravel Bank, Egypt Road,
Charter
After
brief discussion, a motion was made by Lise Wood, seconded by Wes Smith and
unanimously voted to approve Charter’s Special Use Permit application for a
gravel bank on Egypt Road with the condition that the area on Egypt Road be
reseeded by October 1, 2006. The
bond was set at $21,600.00 and the permit will be valid from July 1, 2006 to
June 30, 2007.
d.
Discussion/Possible Decision:
Special Use Permit Application for Gravel Bank, South Road, Pleasant View
Farms Realty
After
brief discussion, a motion was made by Wes Smith, seconded by Jill Conklin and
unanimously voted to approve Pleasant View Farms Realty’s Special Use Permit
application for a gravel bank on South Road with a $39,000.00 bond. The permit will be valid from July 1,
2006 to June 30, 2007.
At
this time, Lise Wood recused herself and Terry Kuzman was
seated.
e.
Discussion/Possible Decision:
Special Use Permit Application for Gravel Bank, Stafford/Root/Wood Roads,
Wood Gravel Operation LLC
After
some discussion, a motion was made by Jill Conklin, seconded by Terry Kuzman and
unanimously voted to approve Wood Gravel Operation LLC’s Special Use Permit
application for a gravel bank on Stafford/Root/Wood Roads with the conditions
that the hydro-seeding be completed, the stock-piling be moved to the south of
the premises, and the bond be set at $77,600.00. The permit will be valid from July 1,
2006 to June 30, 2007.
f.
Discussion/Possible Decision:
Special Use Permit Application for Gravel Bank, 164 Hampden Road, Grower
Direct Farms
After
some discussion, a motion was made by Jill Conklin, seconded by Wes Smith and
unanimously voted to approve Grower Direct Farms’ Special Use Permit application
for a gravel bank at 164 Hampden Road with the conditions that 1) the hours of operation for the gravel
bank be reduced to 8:30 a.m. to 5:30 p.m. Monday through Friday, with no
operation on Saturday, Sunday or holidays,
2) Grower Direct will repair the asphalt apron as designated in the
Zoning Enforcement Officer’s June 13, 2006 letter, 3) the access road needs to have a
suitable means for constant dust control in effect also in accordance with the
ZEO’s letter dated June 13, 2006,
4) an additional 200 feet of asphalt shall be installed just beyond where
the asphalt currently stops and road resurfacing needs to be completed by July
15, 2006, and 5) the bond amount is
set at $25,000.00. The permit will
be valid from July 1, 2006 to June 30, 2007.
Lise
Wood returned to the meeting at this time and Terry Kuzman was
unseated.
g.
Zoning Referral: Site Plan
Application for Shopping Center, 85 South Road, Somers Crossing
LLC
Mrs.
Carson explained that the Planning Commission reviewed the application and with
their time for review running out, they sent back a recommendation of denial
without prejudice because there is much information requested that has not yet
been provided. Mrs. Carson has now
received a letter from the applicant granting the Zoning Commission an extension
of up to 65 days.
A
motion was made by Anita Calder, seconded by Lise Wood and unanimously voted to
accept the applicant’s extension of 65 days and refer the application back to
the Planning Commission for their further review.
h.
Discussion/Review of Proposed Amendment to the Zoning Regulations for
Change in Allowable Building Height
Mrs.
Carson distributed copies of comments and regulations received from other Towns
regarding the proposed amendment.
The building height restriction is 35 feet in most towns, but in
actuality buildings end up being lower or in some cases taller because of the
way they are measured. Many towns
refer to the building code. She
will speak with the Building Official about the Building Code requirements and
report at the next meeting.
i.
Other
- There
was no other Old Business.
A
motion was made by Lise Wood, seconded by Wes Smith and unanimously voted to add
the following item to New Business:
a.
Zoning Commission’s Proposed Amendment to the Zoning Regulations Sections
214-4. Definitions, 214-84. & 214-85.B. of Article XV Flood Damage
Prevention, To Update Flood Requirements
Mrs.
Carson explained that after reviewing the Town’s Zoning Regulations, the State
wants more information in the regulations regarding flood plains. This item needs to be referred to the
Planning Commission, CRCOG and the Town Attorney and a public hearing dated
needs to be set.
A
motion was made by Lise Wood, seconded by Jill Conklin and unanimously voted to
refer the flood regulation amendments to the Planning Commission, CRCOG and the
Town Attorney and to set a public hearing date on July 24, 2006 at 7:00 p.m. in
the Town Hall.
VII.
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.
VIII.
STAFF/COMMISSIONER
REPORTS
After
brief discussion a motion was made by Jill Conklin, seconded by Lise Wood and
unanimously voted to accept the Zoning Enforcement Officer’s Report dated June
5, 2006 to June 16, 2006.
IX.
CORRESPONDENCE AND
BILLS
A
quarterly newsletter was received from the Connecticut Federation of Planning
and Zoning Agencies.
A
bill was presented from the Journal Inquirer in the amount of $283.32 for the
meetings on April 17 and May 15, 2006, and the public hearing on May 15,
2006.
A
motion was made by Lise Wood, seconded by Anita Calder and unanimously voted to
pay this bill. The Commission also
authorized the Town Planner to pay all others bills received through the end of
the month.
The
Commission expressed much gratitude to Peter Klein for his exemplary service and
outstanding leadership as outgoing Chairman. A motion was made by Anita Calder,
seconded by Jill Conklin and unanimously voted to adjourn the June 19, 2006
Zoning Commission meeting at 9:53 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 19, 2006
Covering from 6/05/06 thru
6/16/06 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.
6/14/06. Town Attorney gave Mr.
Smith until 7/01/06 to begin schedule of compliance.
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.
6/15/06. ZBA Approved Variance for placement of
building.
4.
6/12/06. 57 Billings Rd. J. Thompson. Section 214-101 (Failure to
Obtain Zoning Permit). Request Compliance.
5.
6/13/06. 164 Hampden Rd. Grower Direct Farms. Failure to be
consistent in Dust Control on access road. Failure to keep the Gravel Portion of
Access Road in smooth condition to reduce noise. Failure to properly maintain
paved area of access road at intersection of Hampden Road. Requested
Compliance.
6.
5/31/06. 107 Billings Rd. J. Petkis Jr. Section 214-101. (Failure to obtain
Zoning Permit. Requested Compliance.
6/13/06. In Process of applying for
permits.
7. 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.
6/14/06. Town Attorney gave Mr.
Bourque until July 1, 2006 to begin schedule of
compliance.
8. 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.
6/13/06. Violation
Eliminated.
9. 5/31/06. 423 Billings Rd.
R. Bruch. Section 214-101 (Failure to obtain Zoniong Permit). Requested
Compliance.
6/13/06. In process of applying for
permit.
Respectfully submitted:
James R. Taylor, Zoning Enforcement Officer