PLANNING & ZONING COMMISSION REGULAR MEETING JUNE 9, 2009
Present: Regular members Anne Kosciusko, Lynn Cheney, David Colbert, Rick Lynn, alternate James LaPorta and commission staff Karen Griswold Nelson
Absent: Pat Hare, Chris Hopkins, alternates Heidi Kearns and Emilie Pryor.
Chairman Anne Kosciusko called the meeting to order at 7:37 P.M. Mr. LaPorta was seated for regular member Pat Hare.
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.
Mrs. Kosciusko opened the continued public hearing at 7:38 PM.
June 2009 correspondence from Margaret Cooley was made part of the record.
Brian Neff, PE and engineering representative for the applicant and Margaret Cooley, member of and representative for the Cornwall Housing Corporation (CHC) were in attendance to represent the application.
Mr. Neff stated that while the file did not contain final approval from Torrington Area Health, he had received fax communications from Steve Messer. Supervisory Sanitary Engineer from the State of Connecticut Department of Public Heath late that evening (prior to the meeting) stating that “none of the three lots require certification as a community public water system”. Ms. Griswold Nelson addressed late day (4:30PM) telephone communications with Cathy Webber from Torrington Area Heath stating that her letter of approval was written but could not be sent until the Department of Public Health had issued their approval. Griswold Nelson stated that she was satisfied that the requirements for health code approval had been satisfied.
Lynn Cheney in 7:40PM
Margaret Cooley, referencing June 2009 correspondence sent to all commission members (as referenced above) re-affirmed her belief that the CHC was entitled to a decision based on the existing regulations as the time of the submission of the application as relating to “buildable area”. Mrs. Cooley, noting that the application had not changed since February, also made a formal request that the commission address the matter of the conflict in the regulations in the near future.
Hearing no one from the public in favor or in opposition to the application as presented
Mr. Lynn raised questions as to the timing of the application in terms of funding and whether the project as a whole would be funded a year from now. In response, Mrs. Cooley stated that CHC wished to proceed at the current time and not chance any delays that could possibly impact future funding based on current trends towards other areas such as metro areas.
Mr. Lynn, addressed statements in the correspondence regarding “the legal right to apply under and abide by the regulations for affordable housing”. In response, Mrs. Cooley, stating that she would challenge the assumption the buildable area requirements in Section 4 were designed to replace the Article 8 “affordable housing buildable regulations, pointing out that the issue of the conflict in the regulations had not been addressed prior to the April meeting.
Hearing no other questions or comments from the commission or the public:
Motion by unanimous approval to close the public hearing at 7:46PM
PUBLIC HEARINGS:
Amendments to the Zoning regulations - Section 5.11 “Farmers Markets” to allow farmers markets on Fridays as brought forth by the Planning *& Zoning Commission.
The entire proceedings were recorded on audio tape and are available in Town Hall.
Mrs. Kosciusko opened the public hearing at 7:47 PM.
The legal notice for the application as published in the Waterbury Republican on Thursday, May 28 and June 4, 2009 was referenced as part of the record.
Correspondence made part of the record.
April 29, 2009 correspondence to Northwest Council of Governments (NWCOG)
May 12, 2009 correspondence from Northwestern Council of Governments was read into (excerpt as to “no conflict”) and made part of the record.
Mrs. Kosciusko outlined the change to regulations, stating that the amendment would allow farmers markets to now be held on Friday in the same fashion as otherwise allowed by the existing regulation in terms of hours and locations. Note was made by staff that the existing farmers market, on the Wish House/Griggs
No one spoke for or against the application.
Motion by action of the chairman to close the public hearing at 7:50PM.
REGULAR MEETING.
1. APPLICATIONS FOR ZONING PERMITS.
#787 - Roxanna D. Laughlin William Hurlburt - Construction of a 38’ x 48’ waste (manure) storage facility – no plumbing – for agricultural related use only – 199 Lake Road. Permit approved 5/21/2009
#788 - Mildred Pond – Reconstruction and expansion of an existing deck – 112 Sharon Goshen Turnpike. Permit approved 5/28/2009
#789 – Nevton Dunn - Construction of a 10’ x 16’ porch and an 8’ x 8’ entrance – 19 Todd Hill Extension. Permit approved 5.14/2009
#790 – Elvin Hart/John Sanders – Change of use from store/apartment to office/apartment – 6 Railroad Street.
Griswold Nelson advised the commission that the change in use from the existing store and apartment in the old railroad station to an office/apartment included Torrington Area Health approval for not only the change in use but an expansion in the number of bedrooms. It was noted that the plans included a site plan showing parking and that the future owners had worked with the building official and fire marshal to address all code compliance issues.
#791 – George and Lillian Romano - Replacement of an existing porch on a single family residence – 247 Kent Road South. Permit approved 5/28/2009.
#792- Peter Russ – 20’ x70’ bunker silo for agricultural purposes – 88 Town Street
#793- Cream Hill Farms LLC – Storm water permit for composting operation – Cream Hill Road.
Griswold Nelson advised the commission that she had not signed off on the permit yet and was waiting for the official approval letter from the DEP prior to approving the permit.
#794- Hummingbird Stone LLC applicant/owners – Change of use from retail/video to office/storage/studios- 406 Sharon Goshen Turnpike.
Based on a request from staff, property owners, Jackie Iacocca and Carl D’Alvia, co-owners of the commercial property (and adjacent property used for their home) were in attendance to address the permit. Information prepared to show the change in use from store to artist’s studio’s, including June 2, 2009 written correspondence from both owners, floor plans and proposed parking was reviewed with note made by staff as to issues with parking based on the previous use of the property for combined parking for the general store and post office. Mr. D’Alvia addressed their wishes to share parking with other West Cornwall businesses with note made by staff that Doug Humes from the DOT was being consulted in terms of traffic safety and that everyone was trying to work collaboratively to provide solutions while providing the opportunity to make their property work for their present and future uses.
Griswold Nelson asked the commission to consider interfacing with Milone and McBroom as part of the village study being undertaken as part of the Plan of C&D. It was noted that the permit for the change of use only had to comply with the regulation in terms of parking spaces, etc. etc. but that the issues of safety, as being raised by First Selectmen Ridgway, and to be addressed with the DOT, needed careful consideration. The commission was to forward any thoughts to staff regarding the matter with note made that this application afforded an opportunity to address some long term planning in the village in terms of parking and safety.
#795- Andrew Cooks and Julia Randall – Garden shed – Whitcomb Hill Road.
Motion Mrs. Cheney, second Mr. LaPorta to change the order of the agenda to act on Agenda items listed under 4 - “Pending Application”; unanimously approved.
Motion Mr. Colbert, second Mr. LaPorta and to add public comment. Attorney Alessi, to the end of the agenda: unanimously approved.
PENDING APPLICATIONS:
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.
Mr. Lynn raised questions as to whether a legal opinion had been tendered as to whether the commission could choose between a more or less restrictive provision, suggesting that a legal opinion as to whether a commission should choose between a more or less restrictive regulation in the case of conflict would help in the matter of approval. Mr. Lynn re-addressed his concerns with the conflict in the regulations, deeming the situation a difficult one to be in.
Mrs. Kosciusko addressed her belief that the commission had the authority and discretion to consider the application based on the actual working in the regulations with agreement by Mr. Colbert that such was the case.
Griswold Nelson raised concerns as to whether legal opinion would provide an answer outside of suggesting that the commission correct their regulation, re-addressing concerns as to the timing of the application, the lack of knowledge on the part of the CHC regarding the conflict up until April of this year and the overriding legislations and regulations for affordable housing only allowing the commission to address health, safety and welfare and perhaps not applying to “buildable area”.
Based on the continued research required, and based on recommendations from staff as to the need for a special meeting on the fourth Tuesday in June for a Plan of C&D workshop, the agenda item was to be listed on the June 23rd special meeting agenda for consideration and possible action.
Amendments to the Zoning regulations - Section 5.11 “Farmers Markets” to allow farmers markets on Friday.
Motion Mr. LaPorta, second Mrs. Cheney, to approve Amendments to the Zoning regulations - Section 5.11 “Farmers Markets” to allow farmers markets on Friday with an effective date of June 15, 2009: unanimously approved.
Motion Mr. Lynn, second Mr. Colbert, second to change the order of business to address “Correspondence and Communications” and “Other Business proper to come before the Commission- Public comment” prior to all other business:
Public comments
Attorney Bob Alessi, representing Cream Hill Road residence Kathy O’Flinn addressed the commission regarding concerns relating to the “Sweet Peet” operation on the Cream Hill Road/Gold family farm. Mr. Alessi addressed June 9, 2009 correspondence submitted that evening by Mrs. O’Flinn, prepared with his assistance (to be copied and distributed to commission members) addressing and referencing comments and statements in May correspondence from commission counsel Steven Byrne and information from the Gold family as relating to the proposed operation.
APPROVAL OF MINUTES. April and May meetings.
Note was made by Griswold Nelson that the tape of the entire conversation on the bottom of page 5 as relating to the “Sweet Peet” informal discussion was not available. With note by Mrs. Kosciusko that the concern of the commission was not so much related to this operation but the possibility of the operation elsewhere in other areas:
Motion Mr. Lynn, second Mrs. Cheney to approve the minutes of the April 14, 2009 regular meeting as presented: approved Mr. Lynn, Mrs. Kosciusko and Mrs. Cheney. Mr. Colbert abstained from action.
Motion Mr. Colbert, second Mr. LaPorta, to approve the minutes of the April 28, 2009 meeting with the corrections “as the commission’s earlier action” to “as to the commission’s earlier action” and “to whether the proposed use could be legally supported” to “to whether the proposed use could be restricted to a special permit”; unanimously approved.
Motion Mr. Colbert, second Mr. LaPorta to approve the minutes of the May 26th, 2009 meeting as presented: unanimously approved.
NEW APPLICATIONS: None.
PENDING APPLICATIONS:
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. See above.
Amendments to the Zoning regulations - Section 5.11 “Farmers Markets” to allow farmers markets on Fridays. See above.
CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
June 9, 2009 correspondence from Robinson and Cole to First Selectman Gordon Ridgeway regarding Cellco’s Partnership d/b/a Verizon Wireless’s plans to consider the siting of a telecommunications tower on Popple Swamp Road was made part of the record. It was noted that due to the changes in Siting Counsel approval and permit procedures for telecommunications towers, that the Cornwall Inland Wetlands commission did not have jurisdiction in the matter either. It was recommended that the commission address the matter with Selectman Ridgeway based on concerns already being raised in the community.
Griswold Nelson advised the commission that she had addressed the Plan of C&D recommendation for the consideration of an upland review area with the Inland Wetlands commission at their recent June meeting Griswold Nelson stated that after discussion as to the commission’s jurisdiction or now lack of jurisdiction in areas outside of actual wetlands soils or watercourses based on their lack of specific language in their regulations establishing an upland review area, commission consensus was staff prepare model regulations showing an upland review areas as well as other statutory changes for consideration in the near future
Griswold Nelson advised the commission that it was her understanding that changes were being made to the Dibble Hill Road/Harry DePolo residential site, changes that appeared not so much to relate to wetlands concerns but rather zoning issues in terms of safety. The issue was to be addressed with supervising engineer Pat Hackett based on concerns that the changes being considered would impact the design of the turnaround on the lot.
Griswold Nelson addressed a driveway permit and new mapping received by the Selectman’s Office from Everett VanDoren showing his Dibble Hill Road property as two parcels. It was noted that the commission had requested information years ago as to the development of his multi-parcel property in terms of first cut, lot line adjustments, etc. and that the past assessor (prior to Barbara Bigos) had not agreed with the maps provided showing two parcels and subsequently had left the VanDoren property as one combined parcel. Griswold Nelson addressed research done by Town Clerk Vera Dineen, Assessor Barbara Bigos and herself and the conclusion reached that the re-division of the land into two parcels could not be resolved without a legal opinion submitted by Mr. VanDoren’s legal counsel to the commission for review.
Based on concerns and discussions during the evening’s business, recommendations were that subjects including but not limited to consideration of legal counsel, revisit of “buildable area” regulations, non-traditional agricultural uses be placed on the next meeting’s agenda.
ADJOURNMENT.
Motion by unanimous approval to adjourn at 10:10PM; unanimously approved.
Respectfully submitted,
Karen Griswold Nelson