ZONING
COMMISSION
P.O.
BOX 308
JUNE
4, 2007 - 7:00 p.m.
I.
PUBLIC HEARINGS
Chairman Robert Martin
called the public hearing to order at 7:04 p.m. and the legal notice was
read.
a.
Special Use Permit Application for Home Occupation for Computer Repair
and IT Business, 7 School Street, Diakostavrianos
Nick Diakostavrianos, 7
School Street, presented plans for his home business. He is closing his retail shop and
applying to have a home computer business doing contract work and outside
service calls. No public will be
coming to his home and he will not be having any
employees.
Mrs. Carson reported that
Nick has filed an application and submitted a floor plan and a site plan,
including parking spaces. The
Planning Commission reviewed the application on May 24, 2007 and unanimously
voted to recommend approval for the home business as it is in keeping with the
POCD.
There were no comments from
the Commissioners or the audience and a motion was made by Jill Conklin,
seconded by Dan Fraro and unanimously voted to close the public hearing for the
application at 7:07 p.m.
b.
Special Use Permit Application for Office Trailer, 367 Hall Hill Road
(High Ridge Estates Subdivision), Leaska Construction Co.
Mike Leaska, 22 Bittersweet
Hill, from Leaska Construction Company, explained that he is applying for a
Special Use Permit to bring his office trailer and a box trailer into the
subdivision and park it in an approved right of way within the subdivision
during construction. The office
trailer is to take care of paperwork and the box trailer is for storing hand
tools. Once construction on the
site is complete, the trailers will be removed and lawn will be
planted.
The
Planning Commission reviewed the application on May 10, 2007 and voted
unanimously to recommend approval of the trailers and suggested that perhaps the
Zoning Regulations should be amended to include construction trailers as part of
the Subdivision approval, which applications extend over 5 years. For this particular application, the
special use permit would need to be reviewed and renewed each
year.
There were no comments from
either the Commissioners or the audience and a motion was made by Jill Conklin,
seconded by Dan Fraro and unanimously voted to close the public hearing for the
application at 7:10 p.m.
c.
Special Use Permit for Liquor Store, 95 South Road,
Nilsson
The
applicant, Jim Nilsson, and Chuck Bomley, Plan B, presented plans for the liquor
store and explained that they are applying for permission from the town to apply
for a liquor store permit from the State of Connecticut. The store will be under the same
management as Geissler’s Supermarket and will be situated adjacent to Geissler’s
on South Road in Somers Crossing.
Mrs. Carson reported that
Planning Commission reviewed the application on May 10, 2007 and unanimously
recommended approval of the application as it is an appropriate commercial
business in a commercial zone.
There were no comments from
either the Commissioners or the audience and a motion was made by Jill Conklin,
seconded by Dan Fraro and unanimously voted to close the public hearing for the
application at 7:14 p.m.
d.
Special Use Permit Application for Gravel Bank, Egypt Road,
Charter
Applicant Peter Charter, 516
Somers Road, Ellington, presented plans for the gravel bank and explained that
they are seeking renewal of the annual permit. The Ellington portion is completed and
reclaimed and has corn planted on it.
Materials are in the process of being moved from the center portion and
then will be reclaimed. Then they
will move onto the new section approved in May, 2007.
Mrs. Carson read Town
Engineer Merv Strauss’s comments for the record. Everett Morrill and Mr. Strauss
inspected the site on May 21, 2007 and most of the work is completed. They could see a deep hole that is being
refilled with fine material left over from the soil screening process. Other areas appear to be
acceptable. The bond is $21,600 and
is acceptable for the current renewal.
Mr.
Charter explained that they had planned on being done with the spot at 206 Egypt
Road by now and they were going to file an as-built by June 30, 2007, but there
is a 5% section that is incomplete.
The remaining 95% is complete and has been planted with either grass or
corn. He asked to file an as-built
for the completed portion and pay the filing fee of $600.00 and continue to take
material out of the remaining 5% during the year.
The
Planning Commission reviewed this application on May 24, 2007 and unanimously
voted to recommend approval in accordance with the Town Engineer’s
comments.
There were no comments from
either the Commissioners or the audience and a motion was made by Jill Conklin,
seconded by Dan Fraro and unanimously voted to close the public hearing for the
application at 7:20 p.m.
e.
Special Use Permit Application for Gravel Bank, South Road, Pleasant View
Farms Realty
Applicant Jeff Lipton, 452
South Road, spoke on behalf of Pleasant View Farms Realty. He explained that the work is mostly
done, with the exception of the removal of the stockpiles inside of the
pit. He explained that there is
some concern about a 20-foot embankment that was dug on the east side of the
gravel pit located within the 100-foot allowance. They have currently reclaimed 50% of the
slope and are in the process of sloping off the drop off. The work should be completed within the
next 2 weeks.
Mrs. Carson noted that the
Town Engineer stated in his review that he had problems with the steep
embankments, and there is a bond in the amount of $39,000. The Planning Commission did review this
and voted to recommend NOT approving it until the applicant meets the approval
of the Town Engineer. It was noted
that this was an issue last year as well.
There were no comments from
the audience or the Commissioners and a motion was made by Jill Conklin,
seconded by Dan Fraro and unanimously voted to close the public hearing for the
application at 7:25 p.m.
f.
Special Use Permit Application for Gravel Bank, South Road,
Bordeaux
Applicant Cliff Bordeaux
spoke on behalf of the application noting that they are in Phase 11 of the 11
Phase operation. The work is done
other than getting rid of the stockpiles.
The cuts are not very deep and they are blending over the 2 finished
phases. They expected to be done
now, but the weather did not cooperate this winter and so they are hoping to
complete everything within the next 12 months.
Merv Strauss has reviewed
the plans dated April 23, 2007 and checked the site with Everett Morrill on May
21, 2007, and it was found in good order.
Mrs. Carson read his comments for the record. The previous bond estimate of $24,037 is
acceptable for the remaining work and the pit is nearing completion. The Planning Commission reviewed the
application on May 24, 2007 and unanimously voted to recommend approval in
accordance with the Town Engineer’s comments.
There were no comments from
the audience or the Commissioners and a motion was made by Jill Conklin,
seconded by Dan Fraro and unanimously voted to close the public hearing for the
application at 7:29 p.m.
g.
Special Use Permit Application for Gravel Bank, Stafford/Root/Wood Roads,
Wood Gravel Operation LLC
Mrs. Carson explained that
the plans arrived on the date of the May 24, 2007 meeting so Mr. Strauss did not
go out to the pit before the Planning Commission Meeting and he has not yet
submitted comments.
Applicant Bruce Wood
presented the latest as-built for the operation with Jay Ussery from J. R. Russo
and noted that it has changed very little from last year. The working face has moved approximately
50 feet from last year. The
siltation control along Wood Road and Root Road has been installed in the form
of stone check dams and the bond estimate includes $5,000 for the maintenance of
these. The remaining work will
continue in a southerly direction along Wood Road. A berm was constructed along the topside
of the working face for safety.
The
Commissioners discussed waiting to receive the Town Engineer’s comments and the
referral from the Planning Commission.
There were no comments from the audience. At 7:37 p.m., a motion was made by Jill
Conklin, seconded by Dan Fraro and unanimously voted to continue the public
hearing until Monday, June 18, 2007 at 7:00 p.m. in the Town
Hall.
h.
Special Use Permit Application for Gravel Bank, 164 Hampden Road, Grower
Direct Farms
Applicant Leonard Van
Wingerden, speaking on behalf of Grower Direct Farms, presented plans for the
gravel bank. He noted Mr. Strauss’s
concern about an area of 20 to 30 foot ledge and explained that the slope was
there prior to any excavation. They
have written a letter back to Mr. Strauss explaining that they will be
installing some fencing to prevent anyone from accidentally coming upon the
area, and Mr. Van Wingerden submitted a copy of this letter for the file. Mike Mocko has contacted a slope
specialist who will be evaluating the slopes next week and making
suggestions. Comments will be
forwarded to Mr. Strauss when received.
No excavation has currently taken place in this
area.
There is a potential for
future blasting in the area, and it is expected that when the slope evaluation
is done, comments will be received on this as well.
Mrs. Carson explained that
the bond amount has been doubled.
The Planning Commission reviewed the application on May 24, 2007, and
based upon Mr. Strauss’s comments, they voted not to recommend approval of the
application until the applicant remedies the issues. The applicant is working to address all
issues. The consensus of the
Commission was to keep the hearing open until comments have been received from
Mr. Strauss.
Henry Broer, 74 Hampden
Road,
spoke against the application and presented copies of his comments for the
record. He gave a history of the
application, as included in previous minutes of previous meetings. Mr. Broer explained that this history
warrants the denial of the application and that Grower Direct does not deserve
the Commission’s approval. He added
that they had even violated a cease and desist order issued by the
town.
Mr.
Broer also commented on a letter he sent requesting that the Zoning Commission
consider a change to the Zoning Regulations limiting the hours of gravel pit
operations to 40 per week. While
receipt of the letter was acknowledged in the minutes, as well as a notation
that the topic would be placed on a future Zoning Commission Meeting agenda, it
has not yet appeared on an agenda for any subsequent meeting. Mrs. Carson noted that this item was
discussed at a meeting and she will look into this.
Priscilla Broer, 74 Hampden
Road,
stated that she is opposed to the application for the reasons that Henry Broer
stated.
Leonard Van Wingerden,
Hampden Road, commented that he doesn’t
understand the difference between a mac truck with “Holden” on it and a mac
truck with “Woods” on it and why it is perceived that a Holden truck goes by
like a tank and a Woods truck goes by like a limousine. He cannot understand Mr. Broer’s
complaints. He also explained that
he did not violate the cease and desist order because when he received it he
immediately was in contact with the Zoning Enforcement Officer and the First
Selectman and explained what he was doing and why he believed that no special
permit was required. After they
went over the regulation together, he was told that the cease and desist order
would not be enforced but was asked to take out a special use permit so that he
would fall under the same regulations as the other gravel pit operations in the
town. He stated that he agreed to
do this and for this reason has applied for a renewal.
Henry Broer, 74 Hampden
Road, commented that it is the
number of trucks he is concerned about, not the manner in which the trucks move
along the road. He added that while
the number of trucks has decreased recently, he is concerned that this number
will increase in the future.
A
motion was made by Jill Conklin, seconded by Dan Fraro and unanimously voted to
continue the public hearing to Monday, June 18, 2007 at 7:00 p.m. in the Town
Hall.
II. CALL
TO ORDER
Chairman
Robert Martin called the regular meeting to order at 8:00 p.m. Members Jill Conklin, Robert Martin, and
Alternate Member Daniel Fraro (seated for Ray Hafford) were present and
constituted a quorum. Town Planner
Patrice Carson was also present.
III.
INTERVIEW DESIGN REVIEW BOARD CANDIDATES
– There were none.
IV.
MINUTES APPROVAL
A
motion was made by Jill Conklin, seconded by Dan Fraro and unanimously voted to
approve the minutes of the May 21, 2007 meeting as
written.
V.
OLD BUSINESS
a.
Discussion/Possible Decision:
Special Use Permit Application for Home Occupation for Computer Repair
and IT Business, 7 School Street, Diakostavrianos
A
motion was made by Jill Conklin, seconded by Dan Fraro and unanimously voted to
approve Diakostavrianos’ Special Use Permit application for a home occupation
for a computer repair and IT business at 7 School Street.
b.
Discussion/Possible Decision:
Special Use Permit Application for Office Trailer, 367 Hall Hill Road
(High Ridge Estates Subdivision), Leaska Construction Co.
Mrs.
Carson noted that this permit would be subject to a yearly review so the permit
would be valid from June 5, 2007 through June 5, 2008. It was the consensus of the Commission
to discuss modifying the regulation at a future meeting.
A
motion was made by Jill Conklin, seconded by Dan Fraro and unanimously voted to
approve Leaska Construction Co.’s Special Use Permit application for an office
trailer at 367 Hall Hill Road (High Ridge Estate Subdivision), to become
effective June 5, 2007 through June 8, 2008.
c.
Discussion/Possible Decision:
Special Use Permit for Liquor Store, 95 South Road, Nilsson
A
motion was made by Dan Fraro, seconded by Jill Conklin and unanimously voted to
approve Nilsson ‘s Special Use Permit for a liquor store at 95 South
Road.
d.
Discussion/Possible Decision:
Special Use Permit Application for Gravel Bank, Egypt Road,
Charter
A
motion was made by Jill Conklin, seconded by Dan Fraro and unanimously voted to
approve Charter’s Special Use Permit application for a gravel bank on Egypt Road
and South Roads with the conditions that
1) an as-built plan of the site be submitted by June 30, 2007 showing 95%
graded and planted, 2) a bond of
$21,600.00 be submitted, and 3) the
one-year permit expires June 30, 2008.
e.
Discussion/Possible Decision:
Special Use Permit Application for Gravel Bank, South Road, Pleasant View
Farms Realty
The
Commission wanted the Town Engineer to go back out to the site so this item was
deferred until the next meeting.
f.
Discussion/Possible Decision:
Special Use Permit Application for Gravel Bank, South Road,
Bordeaux
A
motion was made by Jill Conklin, seconded by Dan Fraro and unanimously voted to
approve Bordeaux’s Special Use Permit application for a gravel bank on South
Road conditioned upon 1) a bond of
$24,037.00 and 2) the one-year
permit expires June 30, 2008.
g.
Discussion/Possible Decision:
Special Use Permit Application for Gravel Bank, Stafford/Root/Woods
Roads, Wood Gravel Operation, LLC
This
item was deferred since the public hearing was still open.
h.
Discussion/Possible Decision:
Special Use Permit Application for Gravel Bank, 164 Hampden Road, Grower
Direct Farms
This
item was deferred since the public hearing was still open.
i.
Site Plan Application for Somers Crossing Phase II, 87 South Road, Somers
Crossing, LLC
Applicant
Chet Ladd and Chuck Bomley of Plan B presented an update on Somers Crossing
Phase II.
Mrs.
Carson reported that they had a very productive, positive staff meeting with the
applicant and his representatives.
Mr.
Bomley noted that one of the biggest requests made at that meeting was for
better pedestrian circulation through the village area. It was determined that they would delete
a roadway to add some additional walkways. Plans include a sidewalk network
connecting the various facilities and allowing for access to both
Phases.
Another
area of concern was direction of traffic flow. He showed how this had been revised on
the plans.
Mr.
Bomley presented architectural style drawings as examples for the
buildings. The intent is to keep a
lower profile. Gables and dormers
will be included. There will be no
flat roofs. For the larger
buildings a barn style was suggested with a bit of dress to the front. Clear-story glass was included to let
light in, as well as stone work on the front facades. Because they do no know who the tenants
will be at this point, the drawings were conceptual only, so that the Commission
could understand what type of structure designs are
intended.
j.
Other
– There was no other Old Business.
VI. NEW
BUSINESS
a.
Other
– There was no New Business.
VII.
DISCUSSION: PLAN OF
CONSERVATION AND DEVELOPMENT
a.
Discussion: New Zoning
Regulations for Somersville Center
Mrs.
Carson reported that the consultant is requesting comments so that the draft can
be further refined. The
Commissioners discussed the proposal line-by-line, presenting changes and
corrections to the draft. The
Commissioners also discussed the items that came up at the public hearing. It was the consensus of the
Commissioners that the use of underground storage tanks, motor vehicle sales and
service, and gasoline sales remain as prohibited uses in the Somersville Center
Overlay District in accordance with the feedback from residents and the Town’s
Plan of Conservation & Development.
Mrs. Carson recorded the changes and will forward them to the consultant
and the Somersville Planning Committee.
VIII.
STAFF/COMMISSIONER REPORTS
Mrs.
Carson will be emailing Zoning Enforcement Officer Joy O’Connor’s report. The Commission reviewed copies of
enforcement letters sent since the last meeting.
A
question arose about whether or not a permit was granted for the permanent
greenhouses on Shaker Road by the Enfield line. Mrs. Carson will look into
this.
A
brief discussion followed about temporary carports/garages. The Commission requested that the ZEO
look into this futher.
Outdoor
furnaces were also discussed and Mrs. Carson will get information about them for
a future meeting.
Dan
Fraro submitted information received at the training sessions. Mrs. Carson will get copies for
everyone.
IX.
CORRESPONDENCE AND BILLS
– None were presented.
A
motion was made by Jill Conklin, seconded by Dan Fraro and unanimously voted to
adjourn the June 4, 2007 Zoning Commission meeting at 10:01
p.m.
Respectfully
submitted,
Wesley
Smith, Secretary
Robin Timmons, Recording Secretary
MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING