PLANNING & ZONING COMMISSION REGULAR MEETING APRIL 14, 2009
Present: Regular members Anne Kosciusko, Lynn Cheney, David Colbert, Rick Lynn, Alternates Heidi Kearns and Emilie Pryor and commission staff Karen Griswold Nelson
Absent: Pat Hare, Chris Hopkins and alternate James LaPorta.
Chairman Anne Kosciusko called the meeting to order at 7:37 P.M. Mrs. Pryor was seated for regular member Pat Hare.
PUBLIC HEARING CONTINUED:
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.
Nancy and Ronald Lacko and Dennis McMorrow, PE from Berkshire Engineering and representatives for the applicants were in attendance to represent the application.
Revised plans entitled “Re-subdivision plan prepared for Nancy Lacko, by Berkshire Engineering, dated 10/19/2008; revised to 4/13/2009 showing “lot configuration and conservation restriction area” and conservation restriction language prepared by Attorney Perley Grimes was submitted for the record.
Mr. McMorrow, representative for the applicants, presented and addressed revised site plans showed the conservation easement, as recommended by the commission along the southern border of the property, stating that the area as defined on the map constituted 15% of the land in the subdivision as referenced in the subdivision regulations for consideration as open space set-asides. Mr. McMorrow addressed the investigation of the site for solar based on information supplied by commission member James LaPorta and addressed the areas of trees that would cleared down gradient and as part of the house site development and its lack of impact on the conservation easement area. Questions were raised as to the amount of trees to should be left to maintain the existing treed appearance with discussion of canopy and the impact of any clearing needed for maintenance or health of the overall treed area. In response to questions as to how the conservation area would be enforced, Mr. McMorrow suggested that the best method of enforcement was usually the neighborhood itself.
Mr. Colbert addressed language in the open space regulation as relating to protection of scenic views or vistas and the discussion at the previous meeting (as shown in the minutes) to shield (as opposed to protect) the house and site from view from Route 4.
No one spoke in favor or against the application. Hearing no additional questions or concerns from the commission:
Motion Mrs. Cheney, second Mrs. Pryor to close the public hearing at 7:47PM; unanimously approved.
PUBLIC HEARINGS:
Cornwall Housing Corporation applicant – Amendments to the Zoning regulations -
Section 8.25 “Town or Non-profit Sponsored Affordable Multi-Family Housing” paragraph d and Section 8.26 “Town or Non-Profit Sponsored Lot”, paragraph b.
The entire proceedings were recorded on audio tape and are available in Town Hall.
Mrs. Kosciusko opened the public hearing at 7:48 PM.
The legal notice for the application (and following application) as published in the Waterbury Republican on Thursday, April 2nd and April 9, 2009 was referenced as part of the record.
March 2, 2009 correspondence from Northwestern Council of Governments was read into (excerpt as to “no conflict”) and made part of the record.
Margaret Cooley, representative for the Cornwall Housing Corporation and Brian Neff, PE and engineering representative for the subdivision application, (following agenda item) were in attendance to represent the application(s).
The proposed amendment changes were read into the record by staff.
Mrs. Cooley refererenced January 15, 2009 correspondence from the Housing Corporation to the Commission, as made part of the file, as the supporting information for the amendment request.
Hearing no comments from the audience and hearing no questions or concerns from the commission:
Motion Mrs. Cheney, second Mr. Lynn, to close the public hearing for Cornwall Housing Corporation applicant – Amendments to the Zoning regulations -Section 8.25 “Town or Non-profit Sponsored Affordable Multi-Family Housing” paragraph d and Section 8.26 “Town or Non-Profit Sponsored Lot”, paragraph b at 7:54PM; unanimously approved.
App #704 - Cornwall Housing Corporation applicant - Re-subdivision of a 9+- acre
parcel into 3 parcels (2 parcel program lots and 1 elderly housing lot in a combined zone parcel – R5 and GB – Assessors Map HO- 1 – Block 03-parcel 03 - Kent Road.
Mrs. Kosciusko opened the public hearing at 7:55 PM.
Margaret Cooley, representative for the Cornwall Housing Corporation and Brian Neff, PE and engineering representative for the subdivision application were in attendance to represent the application.
Mr. Neff gave an outline of the proposed subdivision, citing the sizes, features, and topography of the 3 proposed lots, stating that as of the time of the hearing, approval from Torrington Area Health had not been received but that the mapping with 2 foot contours and areas of buildable land, as required as part of the subdivision application, had been prepared and was in the process of being reviewed by TAHD. Based on the lack of all of the needed information for the commission to review the application, it was agreed that a continuation to the next regularly scheduled meeting was appropriate and workable with the time frames needed for the Cornwall Housing Corporation to submit the plans to HUD.
Motion Mrs. Cheney, second Mr. Colbert, to continue the hearing for App #704 to the regularly scheduled May 12th meeting; unanimously approved.
Motion Mrs. Cheney, second Mrs. Pryor, to change the order of the agenda to act on Zoning permits #785- Ian Ingersol – Change of use – trade to storage with limited retail – 11 Railroad Square prior to all other business and to add Mr. Buddy Hurlburt to the agenda for discussion of a farm stand zoning issue: unanimously approved.
#785- Ian Ingersol – Change of use – trade to storage with limited retail – 11 Railroad Square
Mr. Ingersol, owner of 11 Railroad Street and Mr. and Mrs. McLaughlin, prospective property owners were in attendance. Mr. Ingersol submitted April 4, 2009 correspondence requesting the “return of 11 Railroad Square from manufacturing to its previous use as storage including the request that the new owners be given permission to open storage facility to the general public on weekend (Friday 9AM to Sunday 5PM) for the purchase of selling merchandise from the location.’
In response to questions, Mr. Ingersol stated the structure, reconstructed several years prior to the footprint of the original structure, was as existing, approximately 1800 square feet with a loft.
Direction was given that Mr. Ingersol provide additional information including parking for the retail use in compliance with the Zoning regulations, Torrington Area Health approval for the change of use, and proposed areas for retail and storage. It was recommended that the fire marshal and the building official address the proposed change of use as part of the process for approval.
REGULAR MEETING:
1. APPLICATIONS FOR ZONING PERMITS.
#782 – Anne Zinsser – life use. Change of use – studio to accessory apartment as per Special permit #209 granted February 10, 2009 – 15 Town Street.
#783- Richard and Barbara Wolkowitz – Accessory structure including an accessory apartment as per Article 8- Section 10 “Accessory Apartments”– 1 Pine Street. See agenda item 3 A.
#784 – Donald and Virginia Clarke - Construct a 12’ x 16’ foot porch on an existing single family residence – 10 Applewood Lane.
2. APPROVAL OF MINUTES. March regular meetings.
Deferred until the next regular meeting.
3. NEW APPLICATIONS:
A. #210 – Richard and Barbara Wolkowitz - Special Exception for an accessory apartment in a new detached accessory structure in an R-1 Zone as per Article 8- Section 10 “Accessory Apartments”– 1 Pine Street. Set for public hearing May 12.
Motion Mrs. Cheney, second Mrs. Pryor to set #210 – Richard and Barbara Wolkowitz - Special Exception for an accessory apartment in a new detached accessory structure in an R-1 Zone as per Article 8- Section 10 “Accessory Apartments”– 1 Pine Street for public hearing on May 12, 2009; unanimously approved.
PENDING APPLICATIONS:
App # 703 - Nancy and Ronald Lacko applicant/owners - One lot resubdivision in an R-5 Zone – Pierce Lane.
Motion Mr. Lynn, second Mrs. Pryor, to approve App # 703 - Nancy and Ronald Lacko applicant/owners - One lot resubdivision in an R-5 Zone – Pierce Lane Road as per oral and written testimony of the applicant and his representatives and as per the site plans submitted “Re-subdivision plan prepared for Nancy Lacko, by Berkshire Engineering, dated 10/19/2008; revised to April 13, 2009 showing “lot configuration and conservation restriction area” and accompanying conservation restriction language prepared by Attorney Perley Grimes” and with the following conditions.
Construction and acceptance of the driveway(s) to the single family residence shall be in accordance with Section 5.4 of the subdivision regulations and all applicable town requirements.
The name of the person or entity responsible for erosion control and sedimentation shall be designated on the sedimentation and erosion control plan. The plan shall follow guidelines as set forward in the state of Connecticut DEP 2002 guidelines for sedimentation and erosion control and incorporated into the map on file. Adequate bonding for the Erosion and Sedimentation Controls as specified in the plans can be required by the discretion of the Zoning Enforcement Officer.
As part of the approval, the commission has determined that the applicant, (in lieu of 15% of land on the subdivision site being set aside for suitable open space, park or playground use as stated in the standards set forth in Section 5.7 of the Subdivision Regulations, or the payment of a fee in lieu of open space as set forth in Section 5.7 of the Subdivision Regulations) has satisfied the criteria of the open space requirements as set for in the section by providing mapping and appropriate conservation restriction language showing 15% of the subdivided land being placed under conservation restrictions that will shield the view of the proposed home and protect the scenic vista from Route 4.
The application for the one lot re-subdivision, with the conditions listed in accordance with the site plan provided, is approved according to the Cornwall Subdivision Regulations. The commission has determined that the intent of the subdivision regulations have been met as provided within the subdivision regulations.
As part of the approval, mylars of all maps made part of the application including the record subdivision map and the site development map as referenced above shall be filed with the Town Clerk within the proper statutory times. The area of the conservation restriction was to be clearly defined on the map with language incorporated into the mapping. Motion unanimously approved.
Cornwall Housing Corporation applicant – Amendments to the Zoning regulations - Section 8.25 “Town or Non-profit Sponsored Affordable Multi-Family Housing” paragraph d and Section 8.26 “Town or Non-Profit Sponsored Lot”, paragraph b.
Motion Mr. Colbert, second Mrs. Cheney, to approve Cornwall Housing Corporation applicant – Amendments to the Zoning regulations - Section 8.25 “Town or Non-profit Sponsored Affordable Multi-Family Housing” paragraph d and Section 8.26 “Town or Non-Profit Sponsored Lot”, paragraph b as presented with the effective date the date of publication; unanimously approved.
App #704 - Cornwall Housing Corporation applicant - Re-subdivision of a 9+- acre parcel into 3 parcels (2 parcel program lots and 1 elderly housing lot in a combined zone parcel – R5 and GB – Assessors Map HO- 1 – Block 03-parcel 03 - Kent Road.
Public hearing continued to May 12, 2009.
5. CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
OTHER BUSINESS.
Discussion with representatives from “Sweet Peet” regarding the use of property to be leased on the Gold Farm, Cream Hill Road for processing of manure/mulch.
Mr.’s Charles and Ralph Gold, property owners of the Cream Hill Road/Gold farm, Mike Dillon and Pat Graziano of “Sweet Peet”/Watertown, CT were in attendance to represent the matter.
Site plan entitled “Site Plan – property leased to Sweet Peet, Cream Hill Road” dated March 12, 2009 and stamped preliminary was made part of record and referenced in the discussion.
Mr. Graziano outlined the proposed operation for the processing of horse manure into finished mulch, giving details as to the actual process of processing the manure including the methods of delivery of the raw product to and the transport of the finished product off the site, the use of a tannin pond for watering and processing, the equipment on the site for the turning and screening and movement of the in-process material, the time frames for the start (manure) to finish (mulch) process, and the set-up of the site. Discussion ensued as to the area to be utilized as relating to the parts of the farm under development rights, the setbacks from the lease boundaries to the overall farm site, methods of securing the site, the permits needed for the process including a DEP storm water permit, and the amount and type of truck traffic to transport the raw and finished product. In response to questions as to how the commission viewed the operation as relating to the regulations for farming and agricultural uses, sections of the regulations as relating to setbacks and site plan criteria were addressed with direction given that a modified and formal site plan showing setbacks/buffer areas and a written narrative outlining the specifics of the proposed operation including additional details as to truck traffic and the overall process as outlined in the oral testimony of the parties in attendance be supplied to the Land Use office as part of the record.
Motion Mr. Lynn, second Mrs. Cheney, that the Commission has determined that the Use as described in the oral testimony and other information provided is agricultural in nature and does not require a special permit; unanimously approved.
Discussion of Land use fees.
Staff was to provide recommendations to the commission.
7. ADJOURNMENT.
Motion Mrs. Pryor, second Mr. Lynn, to amend the Zoning regulations to add language to Section 5.11 “Farmers Markets” paragraph .2 to allow farmers markets to be “open between May 1st and November 15th between the hours of 7am and 7m on Fridays, Saturdays and Sundays and state recognized holidays and to set the amendment for public hearing on June 9; unanimously approved.
Buddy Hurlburt – discussion regarding sign for Hurlburt farms.
Buddy Hurlburt, co-owner of the Hautboy Hill Farm, Cornwall Hollow Road and Hautboy Hill Road addressed the commission regarding the placement of farm stand signs for the Hautboy Hill Road in a location(s) and the sign of the signage as relating to the current zoning regulations for farm stand signs.
Motion by unanimous vote to adjourn at 10:00PM; unanimously approved.
Respectfully submitted,
Karen Griswold Nelson