PLANNING & ZONING COMMISSION REGULAR MEETING JUNE 10, 2008
Present: Regular members Anne Kosciusko, Lynn Cheney, Dave Colbert, Pat Hare, Chris Hopkins, Richard Lynn, Alternates Heidi Kearns, James LaPorta and Emilie Pryor, commission staff Karen Griswold Nelson and commission planning consultant Tom McGowan.
Chairman Anne Kosciusko called the meeting to order at 7:37 P.M. All regular members were seated for the proceedings and all alternate members allowed to participate in all of the proceedings.
PUBLIC HEARINGS CONTINUED:
App # 701 – Einar Lindholm applicant/Einar and Patience Lindholm - owners – 1 Lot Subdivision– 238 River Road.
The entire proceedings were recorded on audio tape and are available in Town Hall.
New information made part of the file.
June 4, 2008 correspondence from Einar Lindholm to Gordon Ridgway regarding the proposed turnaround for fire access and clarification of property lines
Ms. Griswold Nelson represented the interests of abutting neighbors, Robert Sheldon, Bess Rolo and Frances Furness, stating that she had personally spoken to all regarding any remaining open issues. Griswold Nelson stated that Mr. Sheldon was in basic agreement as to the turnaround and its location, wished to have and enter into a shared maintenance agreement with the property owners of the two lots and had personally communicated with Mr. Lindholm’s surveyor, Matt Kiefer regarding the property line. Ms. Griswold Nelson stated that Bess Rolo and Frances Furness had discussed the property line with their legal counsel and Mr. Sheldon, understood and were in agreement with the property lines as shown and were requesting some landscaping buffering to prevent vehicle headlights from the driveways from going into their windows.
Mr. Lindholm stated that he was willing to add landscaping as requested by Ms.’s Rolo and Furness, agreed to “fee in lieu of” to satisfy the open space requirements, was willing to enter into the maintenance agreements as reviewed and modified by Attorney Byrnes, and was willing to make the corrections to the entry of Old Waller Road as shown with additional engineering details to be provided.
The floor was opened to the audience for questions and comments. Hearing none:
Motion by action of the chairman to close the public hearing at 7:48PM; unanimously approved.
PUBLIC HEARINGS:
App #702/203 - Erik Elwell applicant/Seal Rock Development LLC owner – (1) 3 Lot subdivision and (2) Special exception for lots for single family residential use in a R-3 zone located on a private street as per Article VIII Section 22 – 189 Great Hill Road.
The entire proceedings were recorded on audio tape and are available in Town Hall. The legal notice for the public hearing as published in the Waterbury Republican on May 29th and June 5th, 2008 and receipts of certified letters sent abutting neighbor and submitted by Ian Elwell were made part of the record.
Maps and information made part of the file.
May 31, 2008 correspondence from Torrington Area Health regarding septic and well approval.
“Sanitary Waste Disposal report” prepared by Brian Neff, dated March 15, 2008
“Sanitary Waste Disposal report” prepared by Brian Neff, dated March 15, 2008 revised 05/22/2008
Declaration of Covenants and Easements
“Proposed site development” – 3 lot resubdivision” - Brian Neff, dated 11/03/07, revised 5/22/08
“Proposed private road plan – 3 lot resubdivision” - Brian Neff, dated 5/16/08
“Private road profile – 3 lot resubdivision” prepared by Brian Neff dated 5/20/2008
“Subdivision feasibility plan – Seal Rock Development LLC” prepared by Brian Neff dated 4/20/08
“Septic system feasibility plan – 3 lot resubdivision” Brian Neff, dated 2/5/08 revised to 5/22/2008
“Record resubdivision map prepared for Erik Elwell by Richard Adams
dated October 2007, revised April 2008
“ Soil erosion and sediment control plan – 3 lot subdivision – Brian Neff, dated 11/26/2007
Brian Neff, PE and principle of “Brian E. Neff, PE addressed the proposed 3 lot subdivision on 60 plus acres with access by means of a private road from Great Hill Road, referencing maps and supporting information made part of the record (as listed above). Mr. Neff stated that the applicant was requesting a waiver of the open space requirements from either “fee in lieu of” or dedication of land based on the submission of a feasibility map showing the development of the site for more lots and served by a road constructed to town specifications.
Mr. Neff addressed the site development plan, pointing out the proposed plans for minor regrading and widening of the existing driveway to comply with the requirements for a private road. Mr. Neff stated that the driveway as existing was 12 to 13 feet and that the needed modifications would widen the driveway by 3 to 4 feet to the required 16 feet as well as adding a turnaround with a 120 foot radius at the end of the 2070 foot long private road for emergency vehicle access. Mr. Neff stated that the wetlands on the site had been delineated and were shown on the map, stating that the wetlands approval addressed the increase of the radius turn between the roadway and the pond. Mr. Neff, noting that the file contained Torrington Area Health approval, addressed the sizes of the three proposed “large lots”, 13.8 acres, 12.68 acres and 31.37 acres and the buildable areas as shown. In response to questions from staff, Mr. Neff stated that all of the lots not only complied with but far exceeded the minimum requirements for buildable area, pointing out the three areas as shown, 300 x 400’ square feet (120,000 sf) on lot 1, 200 x 350 square feet (70,000 sf) on lot 2 and 280 x 400 square feet (112,000 sf) on lot 3 on the site development map provided.
Mr. Neff addressed the feasibility of the overall site for 12 building lots served by a road constructed to town standards, as shown on the “subdivision feasibility plan” made part of the record. The commission reviewed the plans as presented with questions raised as to areas of slope, wetlands and other factors defining buildable area. Ms. Griswold Nelson and Mr. McGowan addressed the preparation of feasibility plans for alternate subdivision plans, with input as to the amount of testing for well and septic and overall site design including compliance with town road standards commonly provided in feasibility plans.
In response to questions raised as to possible future re-subdivision, Mr. McGowan referenced conversations with Attorney Thomas Byrne, and recommendations for language that could be added to address no future re-subdivision as a consideration for compliance with open space regulations. Mr. McGowan recommended that language and references to deed covenants and deed restrictions be added to the final mylar to be filed. Mr. McGowan addressed the need to create a clear and well documented record as to the commission’s findings
It was clarified that the plans as provided had received wetlands approval for the activities shown in and around wetlands including the wetlands crossing and the changes to the roadway.
In response to concerns raised as to the consideration of the waiver of the open space requirements for either fee-in-lieu or set-asides, Mr. McGowan reminded the commission that the particular method that an application chose to satisfy the open space requirements cannot be determined by the commission but rather accepted by the commission based on the applicant’s written/and or oral testimony in the record.
The floor was opened to the public for question and comments. Hearing none, discussion between the commission, the applicant’s representative and staff continued.
In response to questions from staff regarding the physical construction of the private road and the turn-around, Mr. Neff stated that the “private road” plans showed compliance with the required grades for a private road (7%) and driveway as well as the areas of excavation for the road improvements.
Ms. Griswold Nelson, addressed conversations that day with Mr. McGowan regarding the timing sequence and completion for private roads. Noting that other private roads in the town had not been completed prior to residents being allowed to live there, Ms. Griswold Nelson recommended that the commission address conditions that would provide for more components of the infrastructure including turn-arounds to be completed prior to permits being issued for residency. In response to statements from Mr. Elwell, it was clarified that while most of the components of the private road were existing, that the turnaround was not. Conversations ensued as to what components including drainage and fire tanks/ponds should be completed prior to the issuance of a certificate of zoning compliance with recommendations as to the consideration of bonding (Mr. Lynn) and other documents that might be considered to address the matter.
In response to observations from staff as to existing conditions of the road bed for the driveway, Mr. Neff addressed the condition of the driveway and the need for some minor cuts and fills to address some minor issues. The commission and Mr. Neff discussed the configurations of the driveways (all less than 10%) and the private road. Mr. McGowan recommended that applicant’s engineer provide estimates for erosion and sedimentation controls with such to be considered as part of any approval. Other considerations were discussed including notification to the Land Use office prior to construction of the private road so that the process could be monitored. It was noted that the Inland Wetlands permit also required notification to the Land Use office, the name of the person responsible for erosion and sedimentation controls and monitoring of the roadway during the construction. The consideration of a procedure and follow-up including certification by the applicant’s engineer that the roadway was constructed according to the plans was discussed.
Mr. McGowan again referenced considerations for the proper filing of language on the land records to ensure that no future subdivision would take place.
Based on recommendations from Mr. McGowan and ensuing conversations, the following items were to be made part of the record for the continued public hearing
A copy of the wetlands approval for review by commission members.
A time frame for the construction of the private road and provisions for notification and supervision of the driveway construction by the town and the
Final easements including deed restrictions for no future subdivision as recommended by town attorney Thomas Byrne to Mr. McGowan in verbal discussion.
Maintenance agreements for the private road and driveways.
Based on the recommendation from Mr. McGowan that the commission’s procedure for addressing the question by the applicant and his representatives as to the waiver of open space requirements and the feasibility of the alternate plan with the oral testimony from the commission as part of the public hearing, the floor was opened to the commission for comment.
In response to questions from Mr. Colbert to Mr. McGowan as to whether he had any concerns as to the feasibility plan as provided, Mr. McGowan addressed the particulars of this application which proposed three lots with the feasibility plan showing development of 12 lots. Noting that the open space regulations did not define the matter of more, Mr. McGowan addressed three versus twelve as opposed to a lower ratio of development. Mr. McGowan suggested that the documentation showed that there could be a much greater ratio of development in this case and that the commission could accept the applicant’s engineer’s knowledge of the specifics of the site, including soils as well as his reputation and that he personally was comfortable with that.
In response, Mr. Neff addressed his personal investigation of the site and the preparation of the lay-out for the higher density development, noting investigation of soils, etc. It was noted that the feasibility plan also included a 15% set aside for open space.
Mr. Colbert, noting that the commission’s treatment of this application was precedent setting, questioned if the commission was asking for enough information. In response, Mr. McGowan stated that the commission could ask for additional information from other applicants based on the unique topographical features of other sites including rough terrain. Mr. McGowan suggested that the commission document the record that they were not waiving their rights forever in accepting this level of detail and that they were reserving the right to ask for additional information such as deep hole testing and percolation tests on other applications.
Mr. LaPorta addressed the detail and the quality of the feasibility of the plan presented and his opinion that the commission could waive additional detail based on the good engineered plan being presented as part of this application.
Ms. Griswold Nelson addressed her review of other feasibility plans showing the proposed development of land showing driveways at 20% grade, requirements for extensive blasting to construct driveways etc. Griswold Nelson suggested that this plan did not show such “issues” and that anyone personally visiting the site could easily see that the information as presented was appropriate and that higher development was possible.
With general consensus by Mr. Lynn, Mrs. Cheney, Mr. LaPorta and Mr. Colbert that they were satisfied, the floor was opened to Mr. Hare. Mr. Hare stated his personal findings that the plan as presented did not fulfill his idea of what the open space regulations were all about. Mr. Hare addressed the site might be a great space for a connecting trail for open space and other considerations that the open space regulations provided for. In response, Mr. McGowan questioned if the commission should consider if the 12 lot subdivision could have a scenic impact and affect the view shed along a scenic road. Mr. Hare suggested that the market in Cornwall was not for 12 lot subdivisions but rather for large lot subdivision such as this and if the commission accepted this principle, the town would get very little public open space. In response, Mr. LaPorta suggested that the regulations had been steered in this direction by the commission.
Motion of general consensus (LaPorta, Cheney, Lynn, Colbert) with non-consensus (Hare) that the request by the applicant/owner to waive the open space requirement based on the plans meeting the intent of section of the subdivision regulations.
Motion Mr. Colbert, second Mr. Lynn, to continue the public hearing for App 702/203 Erik Elwell applicant/Seal Rock Development LLC owner – (1) 3 Lot subdivision and (2) Special exception for lots for single family residential use in a R-3 zone located on a private street as per Article VIII Section 22 – 189 Great Hill Road to the July 8th meeting; unanimously approved.
App #204 – Mark Jones, applicant/property owner – Special Exception for a home occupation (financial adviser) in an R-5 zone - Article VIII, Section 19 – “General Home Occupations”– 390 Town Street.
The entire proceedings were recorded on audio tape and are available in Town Hall. The legal notice for the public hearing as published in the Waterbury Republican on May 29th and June 5th, 2008 and receipts of certified letters sent abutting neighbor and submitted by Mr. Jones were made part of the record.
Maps and information made part of the file.
Site plan of subdivision lot showing location of the single family residence, elevations and floor plans.
Correspondence entitled “Special permit application” addressing nature of the special exception being sought and compliance with Section 8.17 “General Standards and Requirements” and Section 19 “General Home Occupations” as written and submitted by Mr. Jones.
Mr. Jones gave an overview of the application, referencing information made part of the file.
Ms. Griswold Nelson stated that she had visited the site and found all of the oral and written testimony of the applicant correct, noting that the house was well set back from the public road, that the office had received no calls or questions regarding the application and that the file was complete.
Mr. Jones was complimented for his preparation of the application.
The floor was opened to the public for comments and questions.
Hearing no questions or comments from the public and with agreement that all concerns of the commission had been satisfied by the oral and written testimony of the applicant:
Motion Mr. Lynn, second Mr. Colbert, to close the public hearing for App #204 – Mark Jones, applicant/property owner – Special Exception for a home occupation (financial adviser) in an R-5 zone - Article VIII, Section 19 – “General Home Occupations”– 390 Town Street at 8:55PM; unanimously approved.
Motion Mr. Lynn, second Mr. Hare to amend the agenda to act on agenda item 3 prior to all other business; unanimous approved.
NEW APPLICATIONS:
A. App #205 - Maria Bonetti applicant/owner – Special exception for the
location of a septic outside of the buildable area on a pre-existing lot
of record – off Town Street.
Motion Mrs. Cheney, second Mr. Hare to set App #205 - Maria Bonetti applicant/owner Special exception for the location of a septic outside of the buildable area on a pre-existing lot of record – off Town Street for public hearing at the July 8th regular meeting; unanimously approved.
App # 206 - Noushin Ehsan owner/Peter Tavino PE applicant – Special Exception for an accessory apartment attached to an existing single family residence as per Section 8-10 “Accessory Apartments”– Day Road.
Motion Mr. Colbert, second Mr. Lynn to set App # 206 - Noushin Ehsan owner/Peter Tavino PE applicant – Special Exception for an accessory apartment attached to an existing single family residence as per Section 8-10 “Accessory Apartments”– Day Road for public hearing at the July 8th regular meeting; unanimously approved.
App #207- Frederick Ballin/Julia Devlin applicant-owners – Special Exception for an accessory apartment detached from an existing single family residence as per Section 8-10 “Accessory Apartments”– 12 River Road.
Griswold Nelson advised the commission that the application had been withdrawn.
REGULAR MEETING:
APPLICATIONS FOR ZONING PERMITS.
740 – Joseph Fuller – 52’ x 14’ deck addition to an existing single family residence – 15 Burlwood Lane. Permit approved 05/27/2000
#741 – Sunset View LLC – driveway reconstruction and reconfiguration and stabilization of a deteriorated fill slope –Furnace Brook Farms - Furnace Brook Road.
Bart Clark, PE from Oakwood Environmental Associates addressed the commission regarding proposed activities to reconstruct a deteriorated fill slope from a 2 to 1 grade to a 3 to 1 grade, and reconfigure the existing driveway leading from the lower part of the site to the upper part of the site. The commission reviewed the maps provided with input from Mr. Clark and Ms. Griswold Nelson as to review and approval of the plan by the Inland Wetlands Commission, the conditions placed by the Inland wetlands commission including the submission of a $35,000.00 cash bond, the notification to and discussion with abutting neighbors of the proposed activities, and the determination of the application as a zoning permit for a driveway and the lack of a public hearing based on the fact that the plans proposed no removal of materials from the site. It was agreed that all concerns had been answered.
#742 – Katherine and Philip West – 36’ x 30’ barn – 114 Cream Hill Road.
#743 - Warren and Jennifer Darin – shed – Reed Brook Road. Permit approved.
#744 - Bernice Merz – New driveway/proposed site development for a single family residence – 42 Dark Entry Road.
#755 – Betty Spense owner/George Wright architect applicant – Site development for the construction of a single family residence – 42 Lake Road.
APPROVAL OF MINUTES. March and May – regular and special meetings.
Mr. LaPorta out 9:40PM
Motion Mr. Hopkins, second Mr. Hare to approve the minutes of the March 11 meeting with corrections as provided by Mr. Colbert and to be incorporated into the minutes: unanimously approved.
Motion Mrs. Cheney, second Mrs. Pryor to approve the minutes of the March 25th meeting as presented: approved Mrs.’s Kosciusko, Cheney, Pryor and Kearns and Mr.’s Hare, Hopkins. Mr. Lynn abstained due to non-attendance.
Motion Mr. Hare, second Mr. Hopkins to approve the minutes of the May 13th meeting as presented: unanimously approved.
4. PENDING APPLICATIONS:
App # 701 – Einar Lindholm applicant/Einar and Patience Lindholm - owners – 1 Lot Subdivision– 238 River Road.
Staff was to draft motions for approval with conditions to include landscaping on the Rolo /Furness piece to provide protection to the Rolo/Furness property from car lights, provide details for the curb cut and drainage changes for emergency access, require fee in lieu of and address finalization of the maintenance agreements prepared.
App #702/203 - Erik Elwell applicant/Seal Rock Development LLC owner – (1) 3 Lot subdivision and (2) Special exception for lots for single family residential use in a R-3 zone located on a private street as per Article VIII Section 22 – 189 Great Hill Road.
App #204 – Mark Jones, applicant/property owner – Special Exception for a home occupation (financial adviser) in an R-5 zone - Article VIII, Section 19 – “General Home Occupations”– 390 Town Street.
Motion Mrs. Cheney, second Mr. Hare, to approve the application of App #204 – Mark Jones, applicant/property owner – Special Exception for a home occupation (financial adviser) in an R-5 zone - Article VIII, Section 19 – “General Home Occupations”– 390 Town Street as per the oral and written testimony of the applicant and town staff and as per the site plan provided
The special exception for the “Home Occupation” 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 19 “General Home Occupations” 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.
5. CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
A. May 30th correspondence from Hector Prud’homme.
Mr. Prud’homme’s correspondence was to be referred to Plan of C&D subcommittees.
OTHER BUSINESS.
Proposed transfer of a small interior parcel of land by Cornwall Housing Corporation to an adjoining neighbor by way of a Boundary Line Agreement. – Attorney Ebersol to address on behalf of the CHC.
Maps entitled “Perimeter Survey showing division of land prepared for Bernice Merz – Kent Road (US& and Dark Entry Road” by Berkshire Engineering, dated 6/20/07” with accompanying correspondence, “Warranty Deed” from the Cornwall Housing Corporation to Walter R. Kane and Katharine Skiff Kane as presented by Attorney Peter Charles Ebersol, representative for the Cornwall Housing Corporation was reviewed by the commission with agreement by the commission that all was in order.
Preliminary discussion with Attorney Peter Ebersol to subdivide a new lot on the Ebersol/Great Hill Road property.
Mr. Ebersol discussed future development of his Great Hill Road property for future subdivision, noting the issue of access from a shared driveway.
ADJOURNMENT
Motion by the chairman to adjourn at 9:50PM; unanimously approved.
Respectfully submitted,
Karen Griswold Nelson