PLANNING & ZONING COMMISSION REGULAR MEETING MARCH 10, 2009
Present: Regular members Anne Kosciusko, Pat Hare, Chris Hopkins, David Colbert, Rick Lynn, Alternates Heidi Kearns and James LaPorta and commission staff Karen Griswold Nelson
Absent: Lynn Cheney and Alternate Emilie Pryor.
Chairman Anne Kosciusko called the meeting to order at 7:38 P.M. All regular members were seated for the proceedings and all alternate members allowed to participate in all of the proceedings.
PUBLIC HEARING:
App # 703 - Nancy and Ronald Lacko applicant/owners - One lot resubdivision in an R-5 Zone – Pierce Lane.
The entire proceedings were recorded on audio tape and are available in Town Hall.
The legal notice as published in the Waterbury Republican Thursday, February 26th and March 5, 2009 was made part of the record. The applicant submitted receipts of certified mailings to abutting neighbors.
Information made part of the file:
“Re-subdivision plan prepared for Nancy Lacko, by Berkshire Engineering, dated 10/19/2008; revised to February including an erosion and sedimentation control plan.
Project Report prepared by Berkshire Engineering dated January 14, 2009 for the Lacko’s
Storm Drainage Calculations prepared by Berkshire Engineering dated January 14, 2009 for the Lacko’s
Minutes from the February 3, 2009 Inland Wetlands agency constituting the Agency’s report.
February 9, 2009 approval for septic from Torrington Area Health.
Dennis McMorrow, PE and principle of Berkshire Engineering represented the applicants for the technical parts of the subdivision, referencing site and design details on the mapping supplied (as referenced above) including the additional details supplied on the revised showing the grade of the new driveway as requested by the commission.
Mr. McMorrow stated that the applicant’s were requesting a continuation of the public hearing so as to allow additional time to acquire an appraisers report for the consideration of “fee in lieu” for satisfaction of the open space requirements. Mr. McMorrow and the commission discussed the various scenarios as previously discussed for open space consideration, including easements for a possible walking right-of-way to the Cornwall Housing Corporation land and the reasoning behind not pursuing the option due to liability issues and possible negative impact to the value of the new lot. In response to questions from Mr. Lynn, it was stated that similar issues associated with maintenance between 2 parties and negative impact to property values were the reasoning behind not wishing to pursue a shared driveway arrangement.
Discussion ensued as to the details of the driveway with agreement that the plans showed details for the paving of a driveway exceeding 10% as required by the Zoning regulations. Details of the erosion and sedimentation control plans were reviewed with agreement that all was in order. It was noted that approval of the driveway entry to the town road by the Board of Selectman might include changes including culverting to address existing drainage issues on the road
With note made that the application was another “hillside application” (Mr. Lynn) and could result in tree clearing and visibility from Route 4, the commission, the applicants and Mr. McMorrow discussed possible options to the “fee in lieu of “option that could include a protected treed buffer so as to protect the house and site from view from Route 4. Options including a conservation easement to prohibit clear cutting were weighed against the consideration of solar capacity from the southern exposure siting. In response to the options being considered, Mr. LaPorta offered to evaluate the solar capacity (based on his background in the field of solar and wind “green” energy options) of the site and pass the information on to the applicant’s representative, Mr. McMorrow (through the Land Use office) for review and consideration. Mr. McMorrow was to address the geometry of any protected area against the 15% land set aside and provide details and mapping for the consideration of the option for the next meeting.
Motion Mrs. Kosciusko, second Mr. Hopkins, (at 8:02PM) to continue the public hearing for App # 703 - Nancy and Ronald Lacko applicant/owners - One lot resubdivision in an R-5 Zone – Pierce Lane to the regularly scheduled April 14, 2009 meeting; unanimously approved.
Amendment to the subdivision regulations to define “more” - Section 5.7. 3 “Open Space.
The public hearing was opened at 8:15PM with legal noticing made part of the previous public hearing.
Information made part of the record:
Email dated 9/14/2008 from Dave Colbert to all commission members.
Email dated 9/17/2008 from Pat Hare to all commission members.
Email dated 10/28/08 from Tom McGowan to all commission members.
Email dated 1/22/09 from Dave Colbert to all commission members.
Email dated 2/2/2009 from Dave Colbert to all commission members.
Mr. Colbert made a brief presentation, referencing the proposed change to the current open space requirements in the subdivision regulations that allow an exemption from the open space requirements if an applicant can show that “more lots are possible” in a subdivision being made up of large lots.
Mr. Colbert stated that the commission was in favor of a more measurable standard to provide clearer guidelines for both commission members and applicants. Noting that the commission’s original intent was that if an applicant created substantially larger lots than could be created in a subdivision, that the open space requirements would essentially be met. Mr. Colbert pointed out however that “more” could mean at least one more and not necessarily “substantially more”. Mr. Colbert stated that the proposed language changing the wording from reading simply “more” to “a minimum of twice as many” more closely reflected the commission’s intent when the open space regulations were adopted and provided the commission and the applicant with a clear measurable standard with which to evaluate requests from exemptions from the open space requirements in future subdivision applications.
It was noted as part of the changes proposed, that the additional language had been added to include language for more measurable standards including requirements to show buildable areas.
No one from the public spoke for or against the application.
Hearing no additional comments or questions from the commission:
Motion Mrs. Kosciusko; second Mr. Hopkins, (at 8:22 PM) to close the public hearing for Amendment to the subdivision regulations to define “more” - Section 5.7. 3 “Open Space: unanimously approved.
Motion Mr. Lynn, second Mr. Colbert, to change the order of business to address agenda item 3A prior to all other business.
Cornwall Housing Corporation - proposed re-subdivision – Kent Road and Dark Entry – set for public hearing April.
Margaret Cooley, representative for the Cornwall Housing Corporation was in attendance to answer any questions or concerns. Mrs. Cooley outlined the basics of the subdivision plan, addressing the design as provided showing an area of “un-buildable land” connected to one single parcel with future consideration of redesign. The timetable for the submission of the application to HUD was addressed with agreement that the application could be set for public hearing in April so as to move the process forward.
Motion Mr. Hare, second Mr. Colbert to set the App. 704 - Cornwall Housing Corporation - proposed re-subdivision – Kent Road and Dark Entry – set for public hearing on April 14, 2009: unanimously approved.
REGULAR MEETING:
1. APPLICATIONS FOR ZONING PERMITS.
#778 - Ian Elwell/Seal Rock Development Corporation – Construction of a 14’ x 25’ shed addition to an exiting barn -189 Great Hill Road. Permit approved February 10.
#779 – Steven Sage – co-owner – Michael Smith applicant – Addition of a 14’ x 14’ deck to a single family residence – 22 Great Hollow Road. Permit approved February 10
#780 Stroble Enterprises – Alteration to basement to add partitions between 3 rental spaces used for manufacturing of wood products – 240 Kent Road. Permit approved February 10.
#781 – Philippe Selendy/Brian Malarkey applicant - Additions to a single family residence (no additional bedrooms) – 147 Town Street. Permit approved March 5.
Mr. Hare out 8:45PM
APPROVAL OF MINUTES. January and February regular meetings.
Motion Mr. Lynn, second Mr. Hopkins, to approve the minutes of the January 27th workshop meeting as presented: unanimously approved.
Motion Mr. Colbert, second Mr. Lynn, to approve the minutes of the February 10th regular meeting as presented: unanimously approved.
NEW APPLICATIONS:
Cornwall Housing Corporation - proposed re-subdivision – Kent Road and Dark Entry – set for public hearing April.
PENDING APPLICATIONS:
App # 703 - Nancy and Ronald Lacko applicant/owners - One lot resubdivision in an R-5 Zone – Pierce Lane.
Amendments to the Zoning regulations – set for public hearing on April 14 – Section VII – Section 25 – Town or Non –Profit Sponsored Affordable Multi-family Housing.
Motion Mr. Hopkins, second Mr. Lynn, to set Amendments to the Zoning regulations – set for public hearing on April 14 – Section VII – Section 25 – Town or Non –Profit Sponsored Affordable Multi-family Housing for public hearing at the April 14, 2009 regular meeting; unanimously approved.
Amendments to the subdivision regulations – Amendment to Section 5.7 “Open Space.
Motion Mr. Colbert, second Mr. Hopkins, to approve “Amendments to the subdivision regulations – Amendment to Section 5.7 “Open Space” as presented in the copy on file with the effective date to be the date of publication: unanimously approved.
5. CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
Information regarding upcoming seminars and meetings including the Connecticut Federation of Planning & Zoning Commission’s annual meeting, March 19th with discussion of “wind power” and the Connecticut Land Conservation Conference on April 4th at Wesleyan was offered for commission member’s consideration of attendance.
OTHER BUSINESS.
Discussion of the Regional Planning Collaborative review of the Zoning regulations.
Mr. Lynn discussed the services being offered by the Regional Planning Collaborative to review the Cornwall Subdivision and Zoning regulations and provide language and recommendations to bring both documents into statutory compliance.
Motion Mr. Colbert, second Mr. Hopkins, to direct Land Use staff to send the Zoning and Subdivision regulations (with newest amendments) to the Regional Planning Collaborative for review and recommendations for amendments: unanimously approved.
Discussion of Land use fees.
The commission and staff discussed the current Land Use fees as established by town ordinance and various options to consider to bring the fees more in line with the actual cost of processing applications, including the fees for legal noticing, etc. “After the fact” permit fees were also discussed with the matter to be revisited.
ADJOURNMENT.
Motion by unanimous approval to adjourn at 9:20PM; unanimously approved.
Respectfully submitted,
Karen Griswold Nelson
P&Z regular
meeting March 10, 2009