ZONING
COMMISSION
P.O. BOX 308
MARCH 17, 2008
I. PUBLIC HEARING
Chairman
Rob Martin called the public hearing to order at 7:02 p.m. The legal notice was read.
Atty.
John Parks spoke on behalf of Robert Smyth.
Smyth’s property is zoned partly for industrial use and partly
residential. Both applicants are
requesting that their entire properties be rezoned as industrial. Atty. Parks presented a concept plan that
showed the current plan for Smyth’s property.
Currently, Smyth’s Auto Body and two other buildings are on the
industrially zoned area of the property.
The
application was referred to the Planning Commission for their meeting of
January 10, 2008. The Planning
Commission recommended voting in favor of the application, finding that it was
in keeping with the Plan of Conservation and Development's recommendation to have Zoning lines conform to property lines and
further in keeping with the Plan of Conservation and Development’s intention to
expand industrial and commercial opportunities in the Community.
Atty.
Parks explained that when the zone lines don’t conform to the property lines it
makes use of the property, particularly development, difficult. Currently, only 2% of the town of Somers is
zoned for commercial or industrial business.
By extending the current industrial-zoned areas the Town can avoid spot
zoning. He gave examples of seven other
properties that had similar zoning/property line issues where the zoning was
changed to conform to the property lines.
Atty.
Parks discussed a letter and photographs sent by Mr. Cox that are on file. He said that the photos and descriptions are
misleading. Some of the photos are of
Conval and Conval is not on the Smyth property.
Mike
Mocko discussed the berm and addressed neighbors’ issues with the concept
plan. The visual nuisance would be
handled by creating a berm 10 feet high, 45 feet wide at the base, and 5 foot
wide at its peak. A 20-foot buffer of
undisturbed trees would remain and the berm would be landscaped. Mr. Mocko pointed out that the berm also
buffers noise. Furthermore, the
business (noise) part of the operation would occur 20 feet below the top of the
berm. The side of the building facing
the berm would be below grade with only a 6-foot wall showing. Lighting would be directed down by
installing cut-off floodlights facing the building.
He
displayed a map showing neighboring properties and tree lines. He also presented another drawing that
showed lines-of-sight from ground level, from a first floor window and from a
second floor window. An aerial photo
with a transparency was also presented, however it was later pointed out that
the photo was 3 years old and did not show the current tree line.
Jason
Avery spoke on his own behalf, stating that he purchased the land 2 years ago
and currently has no plans for development.
However, he would like his entire parcel to be zoned for industrial
use. He would intend to have a similar
natural appearing buffer to screen any business use from the residential
neighbors.
The
hearing was opened to questions.
Q: Would the
tree line be cut back? Ans: Trees would be taken down to allow creation
of the berm.
Q: What type
of business will go into the area?
Ans: Unknown. At this time nothing is proposed.
Q: From
start to finish how long will construction take? Ans: Three years is the
best guess at this time.
Q: Is the
plan before the hearing now a fixed and approved plan? Ans:
No.
Q: Then
could the plan change? Ans: Yes; it depends on who will rent the
property.
Q: How would
pollutants from the industrial site effect ground water and water in
wells? Ans: Environment laws regarding water pollution are strict. There is a comprehensive plan for the storm
water drainage. All cleaners and
solvents must have a manifest description for disposal. Delivery truck mishaps would be handled by
protective storm water systems, which have emergency caps with sponges and oil
booms on hand. The property would have
its own on-site septic system and on-site well that would be no worse than a residence.
Q: How many
mature pine trees can grow in a 20-foot buffer zone. Ans: They would be 10’ to
20’ apart.
Q: How can
the applicants make noise predictions if they don’t know what kind of business
will be going in? How will the access
on Billings Road be used? Ans: There will be a gated emergency access with
a lock box for police and the fire department.
Q: Is Atty.
Parks acting as Conval’s attorney? This
citizen had problems with the noise and visuals from Conval and believed that
there was a discrepancy with lines as presented on the concept plan. Ans:
No; Conval was not being represented by Atty. Parks and Mr. Mocko would
check with a surveyor regarding a possible discrepancy with the zoning line.
Q: What is
the highest building allowed in Somers?
Ans: 40 feet.
Q: Could a
40-foot building be built on the property?
Ans: Yes; but if it could not be
screened it would not be approved.
Q: Is it not
possible that the 20-foot tree buffer could be destroyed with one ice
storm? Ans: There would be 20 feet of undisturbed buffer, but it would be 80
feet to the building.
Q: Why
should the residential owners loose home values?
Mr.
Martin asked for Public Comments beginning with those in favor of the change of
zone:
Frank
Siver, 42 Whisper Woods Drive, and owner of Conval, feels that it makes sense for
the property to be zoned entirely as industrial. As an abutter, he is in favor of the change of zone to industrial
use. He added that he would probably
not be renting or purchasing the property.
Lise
Wood, 223 Wood Road, approves of the zoning change citing that it is in keeping with the
plan of conservation and development and that the Town needs more business
property.
Mr.
Martin asked for Public Comments against the change of zone:
John
Cowles, 26 Lindell Drive, presented a petition from 24 abutters within 500 feet of the property
in question. He stated that people
bought their homes with the knowledge that the property next to them was in a
residential zone. He felt there was
wisdom in the original plan with respect to the residential buffer zone next to
the industrial zone. If compressors are
placed in back, the noise would be a problem for the neighbors. Mr. Cowles said that he has a problem with
the “beacon” shining directly onto his house from the Smyth property and that
it is in violation of current regulations.
Mr. Cowles presented photos of unsightly industrial buildings that can
be seen from his property. He also
presented an aerial photo of the Smyth property littered with pipes, junk cars
and showing a stripped area that he claimed has remained untouched for 6
years. Mr. Cowles stated that the
abutting properties stand to loose 20% of their property values if this issue
is mishandled.
Jeffrey
Sizer, 110 Partridge Run, pointed out that once the property is no longer residential they will
have no control over what happens there and that he bought because of the
reassurance that this was residentially zoned.
He is concerned that more lighting will be required for security. He also showed photos of unsightly
industrial areas viewed from the residential properties.
Roland
Fawthrop, 51 Horseshoe Lane, provided photos of clear-cutting on the property and stated that a
wetlands area is right behind the property in question. He has concerns regarding the effects of the
change in zoning to his property value.
Jane
Legg, 13 Lindell Drive, has complained to Bob Smyth and the Zoning Enforcement Officer
regarding the lighting pollution and fumes from the property. As a former Public Health Nurse, she has
concerns regarding metal contaminants from the site entering her drinking water
and gets her well checked every year.
Mike
Leale, 39 Lindell Drive, said he came to Somers from New York City and treasures the country
life. He has concerns that he may loose
this if the zoning is changed. He is
also concerned about the nearby wetlands and his property value.
Pete
Southwick, 431 Billings Road, has filed many complaints on the Smyth property
that have not been addressed. He
believes that things would only get worse with a zone change.
Angela
Koehler, 43 Sunshine Farms Drive, said she had concerns about the junk cars, the
buffer that has been clear-cut and a business on the site with a garden hose
running to a storm drain. She wanted to
know if the hours of operation would be regulated. She has concerns about the lights and does not believe that a
25-foot buffer is sufficient and would prefer at least 40 feet.
Robert
Cox, 19 Lindell Drive, can see the Smyth building from is kitchen window. He presented pictures of Conval, propane
tanks and dirt mounds. He complained of
the noise from Conval.
Bob
Clark, 25 Lindell Drive, stated that he worked in the chemical industry and can smell solvents
from the neighboring businesses. He
believes that there should be at least 500 feet from the industrial building to
the residences. The proposed building
would only be 100 feet away.
Richard
Navikonis, 385 Billings Road, has Conval’s conceptual drawing from 20 years ago
showing where the zone line actually is.
He asked the Commission to consider the position of the residential
owners.
Vincent
Braica, 41 Horseshoe Lane, spoke in support of the property owners against the zoning change.
John
Grabowski, 16 Lindell Dr, supports the homeowners and does not know why we would want
industrial things in his neighborhood and he wanted to know “what’s the point?”
David
Turley, 47 Partridge Run, read the zoning guidelines and felt the proposal is not addressing
the environmental concerns.
Ms.
Carson went through the file for the record.
Besides the evidence presented at this evening’s public hearing, there
was a letter and petition received from Jane Legg on March 14th. A letter with photographs from Robert Cox
was received on March 9th.
Also in the record is the referral from the Planning Commission from
their meeting of January 10, 2008 recommending approval of the proposal.
Atty.
Parks encouraged balancing the rights of residential and industrial property
owners. He recognized the concerns
about seeing and hearing the industrial zone and he stated that these concerns
would be better addressed at the planning stage when the actual uses and
buildings were applied for. Mr. Mocko
further reiterated the visual and sound screening aspects of the buffers and elaborated
on the ground water protection plans.
The
Commission discussed having a walking tour of the properties and worked out the
details of how and when it would happen.
A
motion was made by Dan Fraro, seconded by Jill Conklin and unanimously voted to
continue the public hearing to Monday, April 7, 2008 at 7:00 pm.
II. CALL TO ORDER
Chairman
Rob Martin called the regular meeting of the Zoning Commission to order at 9:00
p.m. Members Jill Conklin, Dan Fraro
and Rob Martin were present and constituted a quorum. Town Planner Patrice Carson was also present.
III. MINUTES APPROVAL: January 23, 20008 & March 3, 2008
The
minutes of January 23, 2008 required the following correction: Change the year from 2007 to 2008.
A
motion was made by Jill Conklin, seconded by Dan Fraro and unanimously voted to
approve the minutes of the January 23, 2008 meeting as amended.
Action
on the March 3, 2008 minutes was deferred until the next meeting.
IV. INTERVIEW DESIGN REVIEW
BOARD CANDIDATES – There
were none.
V. OLD BUSINESS
a. Discussion/Possible
Decision: Zoning Commission’s Proposed
Amendments to the Zoning Regulations for Outdoor Wood Burning Furnaces
Ms. Carson said
that she had discussed an OWBF regulation with Brett Stoddard, the new Building
Inspector. His concerns regarded his
ability to determine: stack height, and
how close within 500 feet of another residence the OWBF would be, and how he
could enforce this portion of a regulation.
The feasibility of having the DEP do the enforcing and providing guidance
in set-up was discussed.
Ms. Conklin stated
that she still had reservations about the OWBF’s and said that she would not
want one next to her home. She would
like to see the report of the findings of the Legislative Hearing held March 7
on the devices before making her decision.
Rob Martin stated that here in Somers there have been very few
complaints about them.
Ms. Carson said
she would try and get a copy of the legislative discussion and draft a sample
zoning regulation and submit it to the Zoning Commission.
b. Discussion/Possible Decision: Application for Zone Change from A-1 to I,
225 & 251 Field Road, Smyth & Avery
Since the public hearing was continued, this discussion was deferred.
c. Other – There was no other Old Business.
VI. NEW BUSINESS
a. Application for Renewal of Special Use Permit for Flea
Markets & Auctions, 430 South Road,
Pleasant View Farms Realty
An
application was received for the annual renewal of a Special Use Permit for
Flea Markets, Auctions and Music Festivals at 430 South Road.
A
motion was made by Jill Conklin, seconded by Dan Fraro and unanimously voted to
accept the application, set the Public Hearing date for April 7, 2008 at 7:00 pm for Pleasant View Farms Realty’s application for renewal of special use permit for flea markets &
auctions at 430 South Road, and refer it to the Planning Commission.
b. Other – There was no other New Business.
VII. DISCUSSION:
PLAN OF CONSERVATION AND DEVELOPMENT
a. Ridgeline
Regulations – Review Draft
This discussion was deferred.
VIII. STAFF/COMMISSIONER REPORTS – None were presented.
IX. CORRESPONDENCE AND BILLS
The following bill was presented for payment:
CT Federation of P&Z
Agencies (membership dues through 3/31/09) $62.96
A motion was made by Dan Fraro, seconded by Jill Conklin and unanimously voted to pay the bill.
A
motion was made by Jill Conklin, seconded by Dan Fraro and unanimously voted to
adjourn the March 17, 2008 Zoning Commission meeting at 9:30 p.m.
Respectfully
submitted,
Wesley
Smith Jeanne
Reed
Commission Secretary Recording Secretary
MINUTES ARE NOT OFFICIAL
UNTIL APPROVAL AT A SUBSEQUENT MEETING.