ZONING
COMMISSION
P.O.
BOX 308
November
20, 2006
Town Hall 7:00
p.m
Acting Chairman Anita Calder
called the public hearings to order at 7:00 p.m. Patrice Carson read the legal notice for
all three hearings.
Jill Conklin recused herself
from the meeting at this time.
Applicant Jill Conklin
presented a map of the area as well as a map of the property. She is seeking to utilize a portion of
her home as a part-time real estate office where she can meet with clients for
the purpose of selling, managing and renting real estate. Office hours would range between 9:00
a.m. and 5:00 p.m., but would not be continuous. Most of her business is done either
outside of the office or at her other office at 141 Hazard Avenue in
Enfield.
She
will use a 12’ x 16’ area, 192 square feet, and would increase to 15’ x 20’, 300
square feet, hopefully within a year.
This would be under the maximum allowable square footage of 25%, or 341
square feet.
She
noted that there was previously a barbershop at this
location.
Jill Conklin does not intend
to have any employees, although regulation allows that she could have one
employee.
She
would be using a portion of the driveway area for parking and no street parking
will be available.
There is currently a 24-foot
curb cut along Main Street which will be reduced to 12 feet. She has spoken with the State regarding
access, and they have given her permission to move forward with the project, but
requested involvement in the planning process.
The
Planning Commission has given a referral of approval stating that they think the
use is well suited to the area as it was previously used as a barber shop, and
fits within the POCD as a mixed use.
There were no comments from
the audience. A motion was made by
Lise Wood, seconded by Terry Kuzman, and unanimously voted to close this portion
of the public hearing at 7:10 p.m.
Jill Conklin rejoined the
Commission at this time.
b. Zoning Commission’s Application to Amend
Zoning Regulations to Impose a Temporary Moratorium on All Applications for
Non-Residential Uses Located in the Commercial Zone Along Main Street (CT Route
190) From the Maple Street and Shaker Road Intersection to the School Street and
Hall Hill Road (CT Route 186) Intersection
Mrs. Carson explained that
there is a proposed temporary amendment to Section 214-98.E. of the Zoning
Regulations for a temporary moratorium on all non-residential applications for
the property in the Commercial Zone along Main Street (CT Route 190) from the
Maple Street and Shaker Road intersection to the School Street and Hall Hill
Road (CT Route 186) intersection as shown on a map. The moratorium would not affect
residential uses.
This application has
resulted from the Route 190 Corridor Study and the Plan of Conservation &
Development (POCD) in which consideration was given to potential development of
the Somersville area along Route 190.
The question has arisen about how to best serve the residential
development in the area, including both the age restricted housing and potential
mill development, and the existing housing in the area. The goal of the moratorium is to enable
the Town to codify the various aspects of development, such as uses,
architectural designs, landscaping, sidewalks, parking, etc. before potential
builders begin making application.
The suggested moratorium time frame is nine months. Should the necessary work be done before
nine months, the moratorium could be lifted sooner.
Any
existing commercial properties will be allowed to stay, but business owners will
not be able to make any new applications until the moratorium is
lifted.
The
Planning Commission has given a referral of approval stating that they think
this is what was called for in the POCD.
Carol Pyne, 46 Sunset
Drive,
spoke in favor of the application.
David Pinney, 214 Maple
Street,
spoke in favor of establishing the moratorium. He noted that there are no applications
in the works and the opportunity to work without any pressure from pending
applications would certainly help and also show that the town is actively
involved in the development to be brought into town.
A
motion was made by Lise Wood, seconded by Terry Kuzman, and unanimously voted to
close this portion of the public hearing at 7:25 p.m.
Lise Wood recused herself at
this time.
c. Application for Modification of Special
Use Permit Application for Gravel Bank, 164 Hampden Road, Grower Direct
Farms
Leonard Van Wingerden
explained that the gravel bank operating hours were limited by the Town. They were originally approved as 7:30
a.m. to 5:30 p.m., which are the hours given to gravel operations within the
town as set forth in the Zoning Regulations. However, the hours were changed for this
operation to 8:30 a.m. to 5:30 p.m. when the permit was renewed. One less hour in the morning has been an
economic hardship for Herb Holden, the operator of the pit, because he regularly
begins work between 7:00 and 7:30 a.m. and since this modification there has
been very little activity in his pit.
Secondly, Van Wingerden’s property is also used by Woods Gravel Operation
to traverse through to their property.
And, thirdly, he thinks that the hour change is difficult to enforce
because no one can know whether the trucks coming from his property are from
Woods Gravel operation or from Grower Direct’s operation.
Mrs. Carson explained that
the Planning Commission at first did not want to give a referral either way,
believing that the hours of operation were not something within their purview,
although the traffic safety aspect might be. So, the Planning Commission has sent a
referral of denial because they felt that the Zoning Commission had put a lot of
thought into their original decision, with the concerns of more trucks and
safety, and they did not believe that this decision should now be changed. Mrs. Carson clarified the statutes which
say that because of this negative referral, the Zoning Commission will need a
vote of 4 in favor to pass the application for
modification.
Roger Stedding, 153 Hampden
Road, spoke
in opposition to the application.
He noted that the Zoning Commission had listened to the neighbors
concerns previously and acted with compassion towards their requests when
imposing the 8:30 a.m. hour.
However, he has not noticed any change in the hours of operation and he
feels that the applicant does not comply with any orders issued by the
town. Even when a Cease and Desist
Order was given, he saw no change.
He
presented a history of the activities on the applicant’s property as they
pertain to the Zoning Commission, citing the various public hearings and noting
various comments made at them. He
noted that it was stated by Attorney John Parks at one of the public hearings
for the Wood’s Gravel operation that most of the traffic would be heading north
on Hampden Road and therefore would have minimum wear and tear on the
roads. However, it has turned out
that most of the traffic is heading south on Hampden Road, which creates a
nuisance. He added that the
Commission based its decisions on the information presented to them, but
unfortunately, the information they receive is true only for a short time, and
then it changes.
He
also noted that the Woods operation has been going on for 16 years. Originally it was going to only take 5
years.
He
noted that somehow the trucks are getting into the gravel operations and leaving
by 7:30 a.m., which indicates they must be beginning prior to the operating
hours.
Anita Calder asked Mr.
Stedding how this has affected his life.
He stated that it has been very disruptive to his life and to his wife’s
as well. They feel as if they are
constantly waiting for the “other shoe to drop”.
He
noted that they have improved both of the intersections where Woods had a safety
issue – Wood Road and Turnpike Road, and the Stafford Road and Hampden Road
intersections, but they never re-considered another entrance to the
operation.
He
was asked what would help and he noted that maintaining the gravel road would be
a tremendous help and also enforcing the hours of operation would
help.
Henry Broer, 74 Hampden
Road, spoke
in opposition to the application, noting that he had come before the Commission
as well as spoken to the Selectmen and Town Planner on various occasions. He asked why the Commission would
consider making a change to the application if the current application was not
being complied with.
He
noted that since February 2006 there have been convoys of Herb Holden trucks
coming down Hampden Road. This
sudden change in the volume of trucks is very disturbing to him. They have been coming before 8:30 a.m.
consistently since June. He has the
impression that Grower Direct will do whatever it wants to do whenever it wants
to do it, and he requests that the Town give residents a
break.
Leonard Van Wingerden
explained that when he originally began taking material out so that he could
increase his growing area, he did so under normal agricultural operations for 5
or 6 months. Then Zoning
Enforcement Officer, Jim Taylor, told him that he needed stop operating a gravel
bank operation without a permit, but Mr. Van Wingerden explained to him that he
was not operating as a gravel operation, just removing material for the purpose
of expanding his growing area. This
went on for a while, but then Mr. Taylor told him that he had to apply for a
gravel operation permit in order to continue. So he did so in April, with assurance
from Mr. Taylor that approval would be received. Approval was received, but then he had
to reapply in June.
Prior to applying, there was
no restriction on their hours because they operated as an agricultural
operation. When he received notice
in June that the hours had been modified, he thought it was a typo. When the original application was made,
people presented complaints about the hours, but he was granted the same hours
as the other gravel operations in town.
He added that this is the reason that the hours of operation have not
been consistent or have appeared at times to be outside of what was
regulated. In the last 3 months,
very little gravel has been taken out.
However, 30 to 40 loads of materials have been brought in to repair the
gravel road.
If
he had known that the hours of operation would be restricted as they are now, he
would have not applied for a special use permit for a gravel bank operation but
would have continued as an agricultural operation.
Mr.
Kuzman asked Mr. Van Wingerden if most of the material pulled out of the area
was from his bank or from Woods, and Mr. Van Wingerden replied that most of the
material being taken out is primarily from his bank. Mr. Kuzman also asked if Mr. Van
Wingerden was aware of Mr. Holden pulling material out of his bank before 8:30
a.m. at this time. Mr. Van
Wingerden stated that he has not done so before 8:30 a.m. for the last 2 months
in obedience to the regulated hours.
However, he has been bringing material prior to 7:30 a.m. for the road
repair.
Mrs. Calder asked about the
street repair and the condition of the road. Mr. Van Wingerden stated that he
received a letter from the Zoning Enforcement Officer in May requesting him to
pave an additional 50 feet of paving to the entrance. Also, he requested that 200 feet of the
driveway be paved along a section of the driveway that was very soft and sand
was being carried onto the road. In
response to this, they did pave the 50-foot section, as well as a 238-foot
section of the driveway. This has
served to make the road much better.
Mrs. Carson noted that the
paving was part of the conditions requested in June. She also noted that the two
intersections were improved as Mr. Stedding noted, but had nothing to do with
the gravel banks. The issue of
access for Woods was the concern about the narrowness of Wood Road along certain
areas and the unsuitability of the road to handle large trucks. Also, Hampden Road was built as a state
road, and therefore more capable to carry large trucks. Mrs. Carson also noted the difficulty in
enforcement of which trucks are operating out of which
banks.
A
motion was made by Jill Conklin, seconded by Terry Kuzman, and unanimously voted
to close the public hearing at 8:02 p.m.
Lise Wood returned to the
meeting at this time.
Acting
Chairman Anita Calder called the regular meeting to order at 8:03 p.m. Members Anita Calder, Jill Conklin, Wes
Smith, Lise Wood, and Alternate Member Terry Kuzman (seated for Rob Martin) were
present and constituted a quorum.
Town Planner Patrice Carson was also present.
III.
INTERVIEW DESIGN REVIEW BOARD CANDIDATES
No
new candidates were present. Mrs.
Carson reminded the Commissioners to please contact her should they know of any
potential candidates.
IV.
MINUTES
APPROVAL
A
change was made to Page 2, Item I, second paragraph, second sentence: Removed the word “the” before “much of
her”. A motion was made by Lise
Wood, seconded by Jill Conklin and unanimously voted to approve the November 6,
2006 Zoning Commission minutes as amended.
V.
OLD BUSINESS
a. Discussion/Possible Decision: Special Use Permit
Application for Home Occupation for Real Estate Office, 3 School Street,
Conklin
Jill Conklin recused herself
at this time. Wes Smith asked about
a sign, and it was noted that any sign would require a separate zoning permit,
but was allowed. A motion was made
by Lise Wood, seconded by Terry Kuzman, and unanimously voted to approve
Conklin’s Special Use Permit Application for a home occupation for a real estate
office at 3 School Street.
b. Discussion/Possible Decision: Zoning Commission’s
Application to Amend Zoning Regulations to Impose a Temporary Moratorium on All
Applications for Non-Residential Uses Located in the Commercial Zone Along Main
Street (CT Route 190) From the Maple Street and Shaker Road Intersection to the
School Street and Hall Hill Road (CT Route 186)
Intersection
A
question arose as to the use of the word “Temporary” with the application. Mrs. Carson explained that this is meant
to show that the moratorium would not be permanent and the nine-month period was
the recommendation being made, but it could be for a shorter period if
necessary.
A
motion was made by Terry Kuzman, seconded by Lise Wood, and unanimously voted to
amend Section 214-98. E. of the Zoning Regulations by adopting a temporary
moratorium for a period of nine months from the effective date of this
regulation on all applications for non-residential uses located in the
commercial/business zone located along Main Street in conformance with the map
presented at the hearing which begins at the easterly side of the intersection
of Shaker Road and Maple Street and ends on the westerly side of the
intersection of Hall Hill Road and Main Street. This regulation will become effective on
November 23, 2006.
c. Discussion/Possible
Decision: Application for Modification of Special
Use Permit Application for Gravel Bank, 164 Hampden Road, Grower Direct
Farms
Terry
Kuzman spoke against approving the application, noting that the Commission’s
previous decision was a good one and also took into consideration the neighbor’s
concerns.
Mrs.
Carson asked if the Commission’s decision might be different if Woods and Grower
Direct decided to exchange hours of operation, and would this perhaps make a
difference and resolve some of the difficulties.
Jill
Conklin stated that the difference in hours for Grower Direct and Woods Gravel
is not very consistent and does make it very difficult to keep track of the
situation. However, she would think
that Mr. Holden would have respect for Mr. Van Wingerden, who is his client, and
his need to abide by the Town’s regulations.
Mrs.
Conklin also noted that she was at the Planning Commission meeting at which this
item was discussed and that Commission appeared to not really care one way or
the other, but had presented a comment only because they were required by
statute to do so.
A
motion was made by Jill Conklin to approve Grower Direct Farms’ application to
modify the Special Use Permit and the hours of operation for the Gravel Bank at
164 Hampden Road to 7:30 a.m. to 5:30 p.m., Monday through Friday. There was no second to the motion. The motion died.
A
motion was made by Terry Kuzman, seconded by Wes Smith to deny Grower Direct
Farms’ application to modify the Special Use Permit, leaving the hours of
operation as they currently are, 8:30 a.m. to 5:30 p.m., Monday through
Friday. The vote was 3 in favor, 1
opposed (Conklin), and no abstentions.
The motion carried.
Lise
Wood returned to the meeting at this time.
d. Other
- No other Old Business was presented.
VI.
NEW
BUSINESS
- No
other New Business was presented.
VII.
DISCUSSION: PLAN OF CONSERVATION AND
DEVELOPMENT
Mrs. Carson reported that
they are working on the cistern regulations and they hope to have a meeting in
January.
VIII.
STAFF/COMMISSIONER
REPORTS
- No reports were given.
IX.
CORRESPONDENCE AND
BILLS
Mrs.
Carson noted that at the last meeting a letter was received from Roger Stedding
of 153 Hampden Road regarding activity at Grower Direct Farm. The Commission requested that Mrs.
Carson forward the letter to the Zoning Enforcement Officer for comment. The ZEO has reviewed the letter and
responded. The Commission asked
that Mr. Stedding receive a copy of the response, and Mrs. Carson gave a copy to
Mr. Stedding.
A
motion was made by Jill Conklin, seconded by Lise Wood and unanimously voted to
adjourn the November 20, 2006 Zoning Commission meeting at 8:30
p.m.
Respectfully
submitted,
A.P.
Calder, Secretary
Robin Timmons, Recording Secretary
MINUTES
ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.