PLANNING & ZONING COMMISSION REGULAR MEETING MAY 12, 2009


Present: Regular members Anne Kosciusko, Lynn Cheney, David Colbert, Rick Lynn, Pat Hare, Chris Hopkins, alternates Heidi Kearns and James LaPorta and commission staff Karen Griswold Nelson

Absent: Emilie Pryor.


Chairman Anne Kosciusko called the meeting to order at 7:35 P.M.


PUBLIC HEARING CONTINUED:

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.

The entire proceedings were recorded on audio tape and are available in Town Hall.

Map entitled Proposed site development Plan – 3 lot subdivision – Kent Road and Dark Entry Road, Cornwall, CT prepared by Brian Neff, dated 2/28/2009 REVISED made part of the record.

Brian Neff, PE and engineering representative for the applicant and William Calhoun, member of and representative for the Cornwall Housing Corporation were in attendance to represent the application.

It was stated that the file did not contain final approval from Torrington Area Health. Revised maps showing buildable area (as defined in Section 8.26 -Town or Non-Profit Sponsored Lot” of the Zoning regulations) and as referenced above were distributed for review and discussion.




















Motion Mrs. Cheney, second Mr. LaPorta, to continue the public hearing for 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 to the June 9, 2009 regular meeting: unanimously approved.


PUBLIC HEARINGS:

App #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.

The entire proceedings were recorded on audio tape and are available in Town Hall.

The legal notice as published in the Waterbury Republican Thursday, April 30th and May 7, 2009

was made part of the record. The applicant submitted receipts of certified mailings to abutting neighbors.

Information made part of the file:

Zoning permit # 783 showing placement of the structure on the lot.

Interior floor plans and exterior elevation plans prepared by Mr. Wolkowitz showing the interior lay-out and area of the accessory apartment/garage/workspace and construction of the structure as relating to the exiting elevations.

Map entitled “Proposed Accessory Building and B100A compliance plan – Wolkowitz residence – 1 Pine Street, Cornwall” prepared by Pat Hackett, dated April 2, 2009.

May 11, 2009 correspondence from Torrington Area Health for approval of well and septic.

May 11, 2009 correspondence from ZEO Griswold Nelson constituting report on the application.

Mr. Richard and Mrs. Barbara Wolkowitz were in attendance to represent the application,

It was noted by staff that the application had also been reviewed by the town highway supervisor and that agreement as to easements for changes to town drainage on the property had been reached between the Wolkowitz’s and the town.

In response to questions, Mr. Wolkowitz clarified the method of the calculation of the floor area of the accessory apartment as shown in the floor plans provided as well as the percentage of the apartment as relating to the primary residential structure.

Hearing no additional questions or comments from the commission and hearing no one from the audience in support or opposition to the application:

Motion Mr. Hare, second Mr. Colbert, to close the public hearing at 8:40PM; unanimously approved.


Motion Mr. Hare, second Mr. Lynn, to amend the agenda to act on agenda items 4B and 6A prior to all other business: unanimously approved.


Agenda item 4B - App #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.

Motion Mr. Lynn, second Mr. Hopkins, to approve App #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 as per the oral and written testimony of the applicant and their representatives, including town staff and as per the site plan presented ‘Proposed Accessory Building and B100A compliance plan – Wolkowitz residence – 1 Pine Street, Cornwall” prepared by Pat Hackett, dated April 2, 2009

The special exception for the “Accessory apartment” is granted as the commission has determined that the plans as provided meet the specific standards and criteria as set forth in Article VIII, Section 10 “Accessory Apartments” as well as general standards of Article VIII, Section5, “General Standards” for all special exception applications of the Town of Cornwall Zoning regulations; unanimously approved.



Discussion with Jocelyn Ayer from Regional Planning Collaborative regarding status of Housing Incentive study.










REGULAR MEETING:

  1. APPLICATIONS FOR ZONING PERMITS.

#785- Ian Ingersol – Change of use – trade to storage with limited retail – 11 Railroad Square. Revisit – Torrington Area Health approval received and site plan on file.

It was noted that information had been made part of the file to support the change in use and that TAHD approval allowed the expanded use of retail to all times and days.


#786- Bianca Langner Griggs – Seasonal farmers market – in front of the Wish House – Sharon Goshen Turnpike.


  1. APPROVAL OF MINUTES. April meetings.

Deferred to the next regular meeting.


  1. NEW APPLICATIONS:

  1. PENDING APPLICATIONS:

    1. 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.


    1. App #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.


    1. Amendments to the Zoning regulations - Section 5.11 “Farmers Markets” to allow farmers markets on Fridays. Public hearing set for June 9.


  1. CORRESPONDENCE AND COMMUNICATIONS RECEIVED.

A copy of a draft letter from the ZBA to the various legal representatives regarding the consideration of statutory noticing on town web sites was distributed for commission consideration

  1. OTHER BUSINESS.

        1. Discussion with Jocelyn Ayer from Regional Planning Collaborative regarding status of Housing Incentive study.

The commission briefly revisited the “Sweet Peet” issue with note made that a legal opinion from legal counsel Steven Byrne regarding the agricultural usage was forthcoming.


  1. ADJOURNMENT.

Motion by unanimous vote, to adjourn at 10:10PM; unanimously approved.


Respectfully submitted,


Karen Griswold Nelson