ZONING BOARD OF APPEALS
REGULAR MEETING MINUTES
August 8th, 2006
1. Call to Order:
Chairman
Torres called the meeting to order at 7:30 P.M.
11. Members Present: John Torres, Robert Minch, Barbara Flebotte and Edward
Mack
Absent: Daniel Scully.
Public Hearing was called to order
by Chairman Torres at 7:31 P.M.
1. John and Laura Jacewicz
Acting Town Secretary, Mr.
Mack read the legal notice. John and
Laura Jacewicz of 99 Hampden Road in Somers, CT are seeking a variance from
Somers code 214-98; requirement of 10-feet side yard set-back to allow for
location of a proposed underground propane storage tank for their business
property at 36 South Road, Somers, CT.
Mr. Jacewicz presented the
Commission with letters from abutters; Mr. Wilder and Mr. Greaves both in favor
of the variance.
Also noted was that the above
ground 14 inch dome would be protected by some form of crash pillars to protect
it from being accidentally struck by a vehicle.
2. George Ramsey
Acting Town Secretary, Mr.
Mack read the legal notice. Mr. George
Ramsey of 8 Quality Avenue, Somers, CT is seeking a variance from Somers code
214-98; requirement of 25-foot for side yard set-back variance to allow for the
location of an above ground pool.
No abutters were present.
After all discussion, motion
made by Commissioner Mack; seconded by Commissioner Flebotte to adjourn the public Hearing.
Motion approved unanimously. The
public Hearing closed at 7:46 P.M.
IV. Regular Meeting
The regular meeting continued
at 7:47 P.M.
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Motion made by Commissioner
Minch, seconded by Commissioner Mack to approve the ZBA July 11, 2006 minutes
as presented. Motion approved
unanimously.
VI. Public Hearing
Discussion
1.
John and Laura Jacewicz
After some discussion, motion
made by Commissioner Mack; seconded by Commissioner Flebotte to cease
discussion and vote. The Board voted unanimously to allow for the proposed
location of the petroleum tank.
2.
George Ramsey
After some discussion, motion
made by Commissioner Flebotte; seconded by Commissioner Minch to cease
discussion and vote. The Board voted
unanimously to allow for a 10 foot side yard variance for the above ground pool
and proposed deck.
VII. Old Business: None
VIII. New Business:
Mr. Torres distributed a
three page handout which outlined the Zoning Board of Appeals Annual Report for
the year ending June 30, 2006. Please
see attached
IX. Correspondence:
Mr. Torres distributed a
packet of legal documentation which outlined the court’s decision of the
Worthington Pond Farm LLC vs. Somers ZBA case.
Please see attached. The case
dealt with a cease and desist order issued by the town’s zoning enforcement
officer James R. Taylor. Mr. Taylor
directed the plaintiff, Worthinton Pond Farm LLC, to cease the sale and/or
services of alcoholic liquors for on-site consumption on its property.
The Court found that “the ZBA’s decision to uphold the cease and desist order was based on an overly broad interpretation of the zoning regulations…” and the appeal was sustained.
X. Bills:
Motion made by Commissioner
Minch to pay all ZBA bills including the Journal Inquirer; second by
Commissioner Mack. Motion approved
unanimously.
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XI. Adjournment:
Motion made by Commissioner
Mack to adjourn the meeting; second by Commissioner . Flebotte. Motion approved unanimously. The meeting stood adjourned at 8:03 P.M.
Respectfully submitted,
Jennifer D. Boudreau
Recording Secretary
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