ZONING
COMMISSION
P.O.
BOX 308
October
2, 2006
7:00 p.m. Town
Hall
Chairman
Rob Martin called the regular meeting to order at 7:05 p.m. Members Anita Calder, Jill Conklin, Rob
Martin, Lise Wood, and Alternate Member Terry Kuzman (seated for Wes Smith) were
present and constituted a quorum.
Town Planner Patrice Carson was also present.
II.
INTERVIEW DESIGN REVIEW BOARD CANDIDATES
Anita Calder introduced Neal
Connell. Both Mrs. Calder and Mr.
Connell are members of the Historical Society and the Society recommends Mr.
Connell as a candidate for the Design Review Board. Mr. Connell has a background in art and
history and is interested in New England architecture. He is experienced in restoring antique
furniture. The Commissioners
explained the intent and purpose of the Design Review Board and Mr. Connell
expressed interest in being a member.
It
was the consensus of the Commission that Neal Connell would be a welcome
addition to the Design Review Board and his name will be recommended to the
Board of Selectman as a potential member.
A
motion was made by Jill Conklin, seconded by Lise Wood and unanimously voted to
address Item a, New Business, out of order.
V.
NEW
BUSINESS
a. Conference With Town Attorney Regarding
Various Pending Matters
Attorney Landolina explained
the court cases. When arguing
before the Court in favor of the Town, he and Attorney Hal Cummings referred to
a Supreme Court Case stating that when a certain use that is governed under a
special permit has a site plan component (providing that the applicant seeks to
modify the site plan), the Commission has the right to review the application
for a site plan as part of the special permit criteria. Site plan applications are governed by a
set of rules that work administratively.
Therefore, if an application requires only a site plan review, the
Commission must measure the application against certain standards in the
regulations to determine if the applicant meets them or does not. If all the criteria are met, then
the Commission has no choice but to approve the
application.
Special permits are
different, however, because the Commission is allowed a certain amount of
discretion when considering special permit applications. In the Worthington Pond Farms case the
Zoning Commission had the right to consider the use, which is not a site plan
criteria, but is a special permit criteria. It was argued that the Zoning Commission
had the right to treat this as a special permit because the applicant was coming
in for a site plan modification.
Given this right, the Commission was able to consider the use when making
a decision. The court agreed with
this argument and ruled that the Commission had acted
properly.
Lise Wood noted that Zoning
Regulation 214-105 states that once a special use permit is granted then the
applicant only has 2 years to complete what the special use permit is granted
for. In the case of Worthington
Pond Farms, the special use permit was granted in 2000 and construction was not
completed within 2 years. The
applicant did not come before the Zoning Commission for a modification until
2004, at which time the work was still incomplete.
She
also explained that she sits on the Conservation Commission and in 2005 the
applicant put before that Commission an application proposing the installation
of a septic system and a grease trap to be used for a kitchen, office and a
warming house. At that meeting, she
questioned why the applicant had not come before the Zoning Commission for a
permit prior to going before Conservation Commission.
Attorney Landolina stated
that he did not think that the Zoning Regulations prevent the installation of a
septic system without such approval.
Mrs. Wood noted that at the
special use permit public hearing the applicant stated that there would be no
cooking on the site. Attorney
Landolina stated that ultimately the permit would have to be read in order to
determine what is allowed on the site.
He added that there is no mention as to whether or not cooking would take
place on the site on the permit.
Attorney Landolina noted
that if the Commissioners wish to discuss whether or not enforcement action is
to be appropriate against the Worthington Pond Farms, then the Commission should
go into Executive Session to discuss legal strategy. Discussion followed and at 7:30 p.m., a
motion was made by Lise Wood, seconded by Jill Conklin and unanimously voted to
go into Executive Session to discuss legal strategies about enforcement on the
Worthington Pond Farms property.
Mrs. Carson and Attorney Landolina were invited into the Executive
Session.
At
8:25 p.m. a motion was made by Jill Conklin, seconded by Anita Calder and
unanimously voted to exit Executive Session. No votes were taken in the Executive
Session.
A
change was made to the Correspondence and Bills section of the September 18,
2006 minutes to add that “Numerous correspondence was received from Henry Broer
regarding Grower Direct not working within their hours of operation under the
special use permit.”.
A
change was also made under Old Business, Other. “August” was changed to “July” and to
strike the wording: “specifically
the use of alcohol and the three site plan applications that the Zoning
Commission has approved.”.
A
change was also made to the third paragraph in the same section to strike the
wording: “are no kitchen
facilities.” The wording “would be no cooking.” Was added in place
thereof.
A
change was made to the last paragraph in the same section to add that “The
Zoning Commission directed that the Zoning Enforcement Officer inspect
Worthington Pond Farms and report back to the Commission regarding her findings
on the chapel, the kitchen and the gravel operation.”.
A
motion was made by Anita Calder, seconded by Terry Kuzman and unanimously voted
to approve the September 18, 2006 Zoning minutes as
corrected.
IV. OLD
BUSINESS
a. Other
- There was no other Old Business.
V.
NEW
BUSINESS
b. Application for Modification of Special
Use Permit Application for Gravel Bank, 164 Hampden Road, Grower Direct
Farms
Lise
Wood recused herself at this time.
The
applicant was not present and has not yet submitted an application so this item
was deferred.
Lise
Wood returned to the meeting at this time.
c. Other
- No Other New Business was presented.
VI.
DISCUSSION: PLAN OF CONSERVATION AND
DEVELOPMENT
Mrs.
Carson reported that meetings will probably resume in November or December, but
nothing has been scheduled at this time.
VII. STAFF/COMMISSIONER
REPORTS
Mrs.
Carson presented the Report of Joy O’Connor, the Zoning Enforcement Officer, and
the Commissioners reviewed it, noting that they liked the
format.
VIII. CORRESPONDENCE AND
BILLS
No
bills were presented.
Correspondence was received about trucks going in and out of Grower
Direct Farms at off hours. These
have been given to the Zoning Enforcement for review.
The
Commissioners have been forwarded an email received from Mr. Kenneth Prior
requesting that he be put on the agenda.
A
motion was made by Jill Conklin, seconded by Anita Calder and unanimously voted
to adjourn the October 2, 2006 Zoning meeting at 8:40 p.m.
Respectfully
submitted,
A.P.
Calder, Secretary
Robin Timmons, Recording Secretary
MINUTES
ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.