ZONING
COMMISSION
P.O. BOX 308
June 16,
2008 - 7:00 p.m.
I. PUBLIC HEARING
a. Zoning Commission’s Proposed Amendments To The Zoning Regulations For
Outdoor Wood Burning Furnaces (OWBF’s)
Vice-Chairman Jill Conklin called the public hearing to order at 7:05 p.m. The legal notice was read.
Ms.
Carson explained the history of the proposed regulation on OWBF’s beginning with
the original Public Hearing to ban the structures and the public comment that
resulted in this regulation. The
proposed regulation bans burning by homeowners between April 15th
and October 15th except for agricultural or farm use. An OWBF must be at least 200 feet from the
nearest neighboring residence and its chimney must be higher than the roof
peaks within 500 feet. The proposed
amendment addresses suggestions and concerns voiced by residents at the
previous Public Hearings. The Planning
Commission and the Capital Region Council of Governments have recommended
approval of the regulation.
The floor was opened for public comment in favor of the regulation:
Deb
Murphy, 18 Lance Drive, said she felt that some regulation is better than none although some
towns, like Hebron and Tolland have banned them completely. She lives near an OWBF that she believes is
used to burn trash and does not like being unable to breathe. She wants the Town to be able to check what
is being burned in the units and believes the Town should consider the impact
of these very polluting units on the environment.
Robert
Owens, 5 Pine Knob Road, favors the regulation and believes that OWBF’s should be allowed for
agricultural use but he is opposed to the units for residential use. His neighbor had his OWBF burning on a
recent 97° day when there was a health alert and the smoke settled without
rising and dissipating. He is concerned
regarding air quality if more of the devices are used.
Concetta
Jez, 135 Stebbins Road, is in favor of the regulation because some people do not use common
sense regarding when and what to burn, however she favors the devices.
Deb
Murphy, 18 Lance Drive, agreed that burning wood is a good heating source, but it is also a
great polluter. One OWBF equals the
pollution of 45 passenger cars.
Chris
Clark, 282 Turnpike Road, agrees that the OWBF’s must be regulated because people can be
inconsiderate.
The floor was opened to those opposed to the regulation:
Bob
Pettee, 190 Springfield Road, opposes the regulation. He has an OWBF and has no problems with his neighbors. He feels the no burn dates are too early and
too late. He was burning his in
May. He wants the Town to be lenient if
it gets cold during the no burn times.
Jodi
Sobaski, 398 Ninth District Road, spoke against the regulation. She pointed out that there can be snow in
April and frost in May. She uses an
OWBF on her farm and feels that agricultural concerns should be able to use the
devices at any time. She thinks the
Town should just go with the DEP regulations.
She also objected to the $130 cost of the special use permit for farmers
and agricultural use.
James
Wysocki, 62 Eaglebrook Drive, spoke against making regulations of this sort
because it infringes on our Constitutional rights. He does not believe that the members of the Commission have
recited the proper oath to conduct the business of the Town. He cautioned the Commission to abide by
their oaths and to research whether they have the right to impose this
regulation. He said that the
Commissioners may be subject to charges of libel for what they do to
individuals.
Robert
Owens, 5 Pine Knob Road, feels the regulation maybe should be by temperature, not by
date. He is concerned about the health
hazard.
Bob
Pettee, 190 Springfield Road, reminded the Commission that DEP can overrule the
Town and shut down any furnace.
Jodi
Sobaski, 398 Ninth District Road, spoke against requiring a Special Use Permit.
A
motion was made by Wes Smith; seconded by Dan Fraro and unanimously voted to
close the Public Hearing at 7:40 p.m.
II. CALL TO ORDER
Vice-Chairman
Jill Conklin called the regular meeting of the Zoning Commission to order at
7:41 p.m. Members Jill Conklin, Dan
Fraro and Wes Smith were present and constituted a quorum. Town Planner Patrice Carson was also
present.
III. MINUTES APPROVAL: April 7. 2008 (regular meeting) & May 5,
2008
The
minutes of April 7, 2008 were not available so approval of them was deferred.
A
motion was made by Dan Fraro; seconded by Wes Smith and unanimously voted to
approve the minutes of the May 5, 2008 meeting as written.
A
motion was made by Wes Smith; seconded by Dan Fraro and unanimously voted to
take the agenda out of order and proceed to V. New Business to accommodate the
applicants present in the audience.
V. NEW BUSINESS
f. Special
Use Permit Application For Gravel
Bank, Stafford/Root/Wood Roads, Wood Gravel Operation Llc
Dana
Steel, an engineer with J.R. Russo and Associates of East Windsor spoke on
behalf of the applicant’s gravel pit renewal and to answer questions. He stated that he has prepared an estimate
for the bonding for the project. Ms.
Carson confirmed that this was received along with the application, the fee and
the new set of plans. The bond is
proposed as $49,209 and Mr. Strauss and Bob Cafarelli will review the plans and
perform a site visit. Mr. Steel
reviewed the plans with the Commission.
A
motion was made by Wes Smith; seconded by Dan Fraro and unanimously voted to
accept Wood Gravel Operation LLC’s special use permit application for a gravel
bank at Stafford/Root/Wood Roads and refer it to the Planning Commission.
g. Special
Use Permit Application For Gravel Bank, 164 Hampden Road, Grower Direct Farms
Applicant
Len Van Wingerden was present for Grower Direct. He explained the scope and history of the gravel bank operation
over the last four years. They expect
that gravel excavation activity will continue for another 3 years. Ms. Carson notified the Commission that the
application, fee, a map and the bond estimate of $50,000 have been received.
A motion was made by Dan Fraro; seconded by Wes
Smith and unanimously voted to accept Grower Direct Farms’ special use permit
application for a gravel bank at 164 Hampden Road and refer it to the Planning
Commission.
A motion was made by Dan Fraro; seconded by Wes
Smith and unanimously voted to take the agenda out of order and to proceed to
Item VI.a.
a. Ridgeline
Regulations – Review Draft & Talk With Guest Forester Joe Voboril
Ms. Carson introduced Mr. Voboril, who is a
consulting forester in Willington formerly with the CT DEP.
Mr. Voboril had reviewed the Somers proposed
Ridgeline Regulation §214-86.1 item by item and presented and explained his
suggestions to the Commission. He also
gave the Commission a sample forestry plan and explained it and how such a plan
could be incorporated into Ridgeline and Hillside District Plan.
He stressed that the most important thing the
Commission needs to include in a forestry plan is a provision that trees to be
cut must be marked at eye level and at the root line. With the root line mark one can immediately see that a cut tree
was intended to be cut; without the mark it is far more difficult to
ascertain. He further suggested the use
of GPS to mark the location of trees on a map.
The Commission agreed to review and digest Mr.
Voboril’s suggestions and to further discuss the proposed regulation at a later
meeting.
V. NEW BUSINESS
a. Renewal Of Special Use Permit Application For Office Trailer, 367 Hall
Hill Road (High Ridge Estates Subdivision), Leaska Construction Co.
Ms.
Carson explained that the applicant sent a letter requesting a one-year
extension of his special use permit which allows a work trailer to stay in a
previously approved area while work on High Ridge Estates is done. A public hearing is required to grant the
extension.
A
motion was made by Dan Fraro; seconded by Wes Smith and unanimously voted to
refer the request to the Planning Commission and schedule the Public Hearing
date for Monday, July 14, 2008 beginning at 7:00 p.m. in the Town Hall.
b. Request
For Extension Of Zoning Permit For New House, 7 Aspen Ridge, Leaska
Ms. Carson
explained the regulation for the expiration of Zoning permits that allows the
Zoning Commission to extend the period by one year at a time more than
once. The applicant has not been able
to begin work for good cause because the market has been slow and requested an
extension. A public hearing is not
required.
A motion was made by Wes Smith; seconded by Dan
Fraro and unanimously voted to approve Leaska’s
extension of a zoning permit for new house at 7 Aspen Ridge.
c. Special Use Permit Application For Gravel Bank, South & Egypt Roads,
Charter
Ms. Carson stated that an application, a fee, a new map and the bond estimate have been received. Mr. Strauss and Bob Cafarelli will perform the site inspection.
A motion was made by Wes Smith; seconded by Dan
Fraro and unanimously voted to accept Charter’s special use permit application
for a gravel bank at South & Egypt Roads, refer it to the Planning
Commission and set the Public Hearing date for Monday, July 14, 2008 beginning
at 7:00 p.m. in the Town Hall.
d. Special
Use Permit Application For Gravel Bank, South Road, Bordeaux Farm
The
application, fee, new map and the bond estimate have been received. Mr. Strauss and Bob Cafarelli will perform
the site inspection.
A motion was made by Wes Smith; seconded by Dan
Fraro and unanimously voted to accept Bordeaux Farm’s special use permit
application for a gravel bank at South Road, refer it to the Planning
Commission and set the Public Hearing date for Monday, July 14, 2008 beginning
at 7:00 p.m. in the Town Hall.
e. Special Use Permit Application For Gravel
Bank, South Road, Pleasant View Farms Realty
The
application, fee, new map and the bond estimate have been received. Mr. Strauss and Bob Cafarelli will perform
the site inspection.
A motion was made by Wes Smith; seconded by Dan
Fraro and unanimously voted to accept Pleasant View Farms Realty’s Special Use
Permit Application for a gravel bank at South Road, refer it to the Planning
Commission and set the Public Hearing date for Monday, July 14, 2008 beginning
at 7:00 p.m. in the Town Hall.
A motion was made by Wes Smith; seconded by Dan
Fraro and unanimously voted to set the Public Hearing date for items V.f.
(Woods Gravel Bank) and V.g. (Grower Direct Gravel Bank) for Monday, July 14,
2008 beginning at 7:00 p.m. in the Town Hall as well.
h. Determination Of Staff Review:
Site Plan Application For Change Of Use To Office Space, 24 Scitico
Road, Scitico Llc
Ms. Carson explained that this is for an
interior renovation of space that will be used by STR. The 6,165 square foot space will be used for
offices. Standard business hours will
be Monday through Friday, 8:00 a.m. to 5:00 p.m., no hazardous waste will be
generated, and there is plenty of parking.
It was the consensus of the Commission to allow
staff review of the application.
i. Other – There was no Other New Business.
IV. OLD BUSINESS
a. Other – The Commission discussed adding a
Discussion and Possible Decision of the OWBF Regulations to the agenda, but
decided, since most of the public had left the meeting, to wait until their
next meeting when they could place the item on the agenda and people would know
they would be discussing their decision.
There was no Other Old Business.
VII. STAFF/COMMISSIONER REPORTS
The Town will be
hiring a Zoning Enforcement Officer (ZEO) who will be shared with the Town of
Ellington. The new ZEO will work the
same amount of hours for Somers as did Joy O’Connor.
VIII. CORRESPONDENCE AND BILLS
The following
bills were presented:
Journal Inquirer April 7, 2008 Public
Hearing $157.40
Journal Inquirer May 5, 2008 Meeting $55.09
A motion was made
by Wes Smith; seconded by Dan Fraro and unanimously voted to pay the bills and
to allow the Planner to pay any other Commission bills up to $500 for the
remainder of the 2007/08 fiscal year.
Ms. Carson
notified the Commission that a request for authorization of a diversion of
water for consumptive use was received from the CT Water Company. As part of the application for a general
diversion permit the applicant, CT Water Company, must notify the Town. They propose to interconnect part of their Enfield
system with their Somers system.
A
motion was made by Wes Smith; seconded by Dan Fraro and unanimously voted to
adjourn the June 16, 2008 Zoning Commission meeting at 8:49 p.m.
Respectfully
submitted,
Wesley
Smith, Secretary Jeanne
Reed, Recording Secretary
MINUTES ARE NOT OFFICIAL
UNTIL APPROVAL AT A SUBSEQUENT MEETING.