PLANNING & ZONING COMMISSION REGULAR MEETING JULY 8, 2008
Present: Regular members Anne Kosciusko, Lynn Cheney, Richard Lynn, Alternate James LaPorta and commission staff Karen Griswold Nelson.
Absent: Dave Colbert, Pat Hare, Chris Hopkins and alternates Heidi Kearns and Emilie Pryor.
Chairman Anne Kosciusko called the meeting to order at 7:40 P.M. All regular members were seated for the proceedings.
PUBLIC HEARINGS CONTINUED:
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.
New information made part of the file.
June 11, 2008 correspondence from Byrne and Byrne.
Inland wetlands permit #507 issued to Eric Elwell and read into the record by staff.
July 8, 2008 correspondence from Brian Neff, P.E. regarding construction sequence, cost estimates for the private road and erosion and sedimentation controls.
Mapping information with supporting information regarding other protected property within 2500 feet of the subject property as submitted by Ian Elwell.
Brian Neff, PE and principle of “Brian E. Neff, PE gave an overview of the proposed 3 lot subdivision, adding supporting information including a construction sequence for the road and cost estimates for the private road and E&S controls as requested by staff to the record.
Ian Elwell, representative for the corporation, addressed additional information being submitted with input from Griswold Nelson that based on emails from commission member Hare, and based on his interpretation of Section 5.7 “Open Space” subsection .6 “Criteria” ( The Commission shall determine the area selected for open space to serve the purposes stated above and in consideration of the following selection criteria: a. Linkage to other protected land *, passive recreational values (e.g. trails), water access (river, stream, pond or lake), protection of prime natural features (e.g. major ridgeline), scenic or aesthetic values, farm and/or forestry values, wildlife habitat or other wildlife values, rare plant or animal species, value for protecting public water supply, value for protection of scenic roadways.(* Subdivision applications shall provide documentation of existing protected land on adjacent property within 2,500 feet of the subdivision boundaries.), documentation of existing protected land was required and therefore was being submitted for the record. Mr. Elwell stated that his interpretation of the regulations, based on the applicant’s voluntary agreement to comply with Section 4.b “Where the applicant submits both a proposed subdivision plan and a subdivision feasibility plan showing that more lots are possible on the property than are proposed and the applicant proposes to place a conservation easement or other permanent restriction preventing re-subdivision of all lots in the subdivision” that such documentation was not needed. It was agreed that the issue of interpretation would be re-visited by the commission so as to clarify the interpretation in the future. Mr. Elwell provided mapping and deed restriction language on file in Cornwall Town Hall showing conservation easements on the Strassle property as well as the areas of land within 2500 feet owned by the State of Connecticut as part of the Mohawk State Forest.
Mr. Elwell addressed attempts between his legal counsel Attorney David Miles and commission legal counsel, Attorney Thomas Byrne to finalize language as to the language for the deed covenants and agreements needed as part of the consideration of the open space waiver, stating that he was willing to do anything that the commission wanted and was willing to provide additional language and documents as needed. The matter of miscommunication between the two parties was to be followed up by staff.
Discussion ensued as to the construction and completion of the improvements to the private road and the completion of the turn-around with agreement that that the applicant was willing to complete the necessary improvements prior to the issuance of a building permit for the proposed single family residences.
With agreement that staff and the applicant would work towards finalizing all agreements so that the commission would be afforded time to review said documents prior to the close of the public hearing and based on commission members unable to attend the scheduled August 12th meeting and the use of that room that evening for a primary:
No one from the public spoke for or against the application.
Motion Mr. Lynn, second Mrs. Cheney, to continue the public hearing to a special meeting on August 7, 2008 so as to allow time to finalize details regarding the easement and covenant language proposed and to address known absences at the regularly scheduled August 12, 2008 meeting; unanimously approved.
PUBLIC HEARINGS:
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.
The entire proceedings were recorded on audio tape and are available in Town Hall.
Chairman Kosciusko opened the public hearing at 8:23PM with all regular members seated for the proceedings.
The legal notice for the public hearing as published in the Waterbury Republican on June 26th and July 3, 2008 and receipts of certified letters sent abutting neighbor and submitted by George Johannesen, engineering representative for the applicant were made part of the record.
Information contained in the file:
Maps entitled C-2 - “Proposed site plan prepared for Maria Bonetti, Town Street, Cornwall, dated 5/5/2008 and ES-1 and ES-2 “ Proposed erosion and sedimentation control plan” dated 5/5/2008” both by Allied Engineering, LLC, North Canaan.
Torrington Area Health approval for house, driveway and septic system.
Inland wetlands approval for application #514 as reflected in the June 4, 2008 minutes.
April 3, 2008 correspondence from Allied Engineering regarding investigation of the culverts on the access road.
Mr. George Johannesen, PE and principle of Allied Engineering addressed the site plan provided, giving a history of the site as part of a previous subdivision and its lack of approval of that time as a buildable lot due to need for additional septic design investigation. Mr. Johannesen addressed the investigation of the site for septic and well and the submission of an engineered septic plan and subsequent approval by Torrington Area Health. Mr. Johannesen gave a history of the submission of information to the Land Use office and subsequent requests for additional information to support the zoning permit for the proposed site development as originally submitted including the need to address the location of the site components within the buildable area.
Mr. Johannesen, in support of the placement of the home outside of the buildable area, supplied photographs showing the topography of the site in the proposed area of the single family residence, the existing tree line and mature trees located in the area of the buildable land area on the upper part of the site and a view of the location of the single family residence from the driveway entry. The commission reviewed the plans presented.
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 and her representative:
The public hearing for 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 was closed by action of the presiding chairman Mrs. Kosciusko.
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.
The entire proceedings were recorded on audio tape and are available in Town Hall.
Chairman Kosciusko opened the public hearing at 8:41PM with all regular members seated for the proceedings.
The legal notice for the public hearing as published in the Waterbury Republican on June 26th and July 3, 2008 and receipts of certified letters sent abutting neighbor and submitted by Noushin Ehsan, the applicant, were made part of the record.
Information contained in the file:
Application with attachments showing Torrington Area Health Approval for septic, schematics for addition and interior lay-out, design for subsurface sewerage disposal system and list of abutting neighbors.
“Proposed Site plan- residential accessory apartment” prepared by Peter Tavino
July 8th email correspondence from Noushin Ehsan to the Land Use office regarding the size and particulars of the proposed accessory apartment
Noushin Ehsan applicant/owner addressed the proposal to construct a separate independent facility as part of the existing single family residence, providing photographs and copies of articles showing the existing domed foam house. Ms. Ehsan gave an oral history of the square footage of the home, referencing supporting documentation submitted. Ms. Ehsan submitted a site plan accompanied by photographs of the view shed from the house to the abutting properties so as to supply evidence of the appearance of the addition from abutting properties and addressed the physical construction of the existing residence and the proposed addition. Ms. Ehsan addressed the parking spaces available on the site including those in addition to the three required that could be added to the side of the home.
Hearing no other questions or comments from the commission, the floor was opened to the public.
Erika Carroll, 21 Day Road, raised concerns as to the location and visual impact of the addition and requested that landscaping be considered to shield her home from view of the addition. In response to questions as to the removal of trees, Ms. Ehsan stated that none were expected.
Teryl Roepcke, 13 Day Road, stated his belief that his well could be impacted by the addition, adding his observations that the 1500 gallon septic tank on the site had never been pumped but found to be empty. Stating that his well was in direct threat from that situation, Mr. Roepcke stated his belief that the septic system was not functioning properly and that he would be pursuing the matter.
It was noted by staff that Torrington Area Health had been advised of issues raised by Mr. Roepcke and that report from Torrington Area Health remained appropriate and in order.
Hearing no other 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.
The public hearing for 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 was closed by action of the presiding chairman Mrs. Kosciusko at 9:07PM
Motion Mrs. Cheney, second Mr. LaPorta to change the order of business to act on pending applications prior to all other business: unanimously approved.
4. PENDING APPLICATIONS:
App # 701 – Einar Lindholm applicant/Einar and Patience Lindholm - owners – 1 Lot Subdivision– 238 River Road.
A draft motion prepared by staff was made part of the record. After review and discussion
Motion Mrs. Cheney, second Mr. LaPorta to approve the application of App # 701 – Einar Lindholm applicant/Einar and Patience Lindholm - owners – 1 Lot Subdivision– 238 River Road as per oral and written testimony of the applicant and his representatives and as per the site plans submitted “Proposed subdivision plan Einar and Patience Lindholm - River Road, West Cornwall prepared by Mathias Kiefer, dated March 12, 2007” as revised and “Site Development, Grading and Erosion and Sediment Control Plan” prepared for Einar and Patience Lindholm, 238 River “Road, West Cornwall” by Berkshire Engineering, dated 2/27/2007 sheets 1 and 2. revised to 6/30/2008” and with the following conditions:
That the applicant, in lieu of 15% of land on the subdivision site for suitable open space, park or playground use as stated in the standards set forth in Section 5.7 of the Subdivision Regulations, as amended, shall pay a fee to the Town of Cornwall, a fee determined to be, as stated in the oral testimony of the November 13, 2007 public hearing with supporting documentation made part of the file, of $7250.00. The fee shall be paid prior to or at the time of the filing of the subdivision maps.
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
The applicant shall make improvements to Old Waller Road, at the applicant’s expense, according to the details as shown in on map “Site Development, Grading and Erosion and Sediment Control Plan” prepared for Einar and Patience Lindholm, 238 River Road, West Cornwall” by Berkshire Engineering, dated 2/27/2007 revised to 6/30/2008. During the improvements to the road, at least one lane of the road shall remain passable for motor vehicles at all times. As part of the improvements to the road, the receipt of July 7, 2008 correspondence from Robert Sheldon to the Town of Cornwall is made part of the record.
Landscaping buffering to prevent vehicle headlights from the driveways from going into the Rolo/Furness residence shall be provided at the expense of the applicant and under the supervision of the Land Use office.
All necessary documents, including “Easement and right of way agreements” and “Common Driveway Maintenance Agreement” as reviewed and approved by commission counsel shall be finalized and filed on the Cornwall Land Records. Said documents shall be filed prior to the recording of the mylars and references to the volume and page of the said documents shall be incorporated into the mylars to be filed.
The application for the one lot subdivision, with the 6 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.
Motion unanimously approved.
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 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 as per Article IV, paragraph 4 – off Town Street – Assessors Map E10-parcel 05-12.
Motion Mrs. Cheney second Mr. Lynn to approve 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 as per Article IV, paragraph 4 – off Town Street – Assessors Map E10- parcel 05-1 as per the oral and written testimony of the applicant’s engineering representative including town staff and as per the site plan submitted,
“C-2 - “Proposed site plan prepared for Maria Bonetti, Town Street, Cornwall, dated 5/5/2008 and ES-1 and ES-2 “ Proposed erosion and sedimentation control plan” dated 5/5/2008” both by Allied Engineering, LLC, North Canaan.
The special exception for the location of components of a single family residence outside of the buildable area is granted as the commission has determined that the plans as provided meet the intent of the regulations as stated in Article IV paragraph 4 and represent the most feasible and prudent development of the site. Motion 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. Lynn, second Mrs. Cheney to approve 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 as per the oral and written testimony of the applicant including town staff and as per the site plans presented including the plans showing the interior layout of the addition.
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: Motion unanimously approved
REGULAR MEETING:
1. APPLICATIONS FOR ZONING PERMITS.
#746 – Richard McCue applicant/Carroll Dunham owner – Change of use – school space to studio/apartment – 44 Jewel Street. Permit granted.
Staff was asked to investigate the start of construction of a second driveway on the site.
#747 - Allyn & Irene Hurburt.- 30’ over ground swimming pool –
39 Hautboy Hill Road. Permit granted.
#748 – Fred Balling and Julia Devlin - Construct a 26’ x 38’ detached accessory building for use as a studio/storage – 12 River Road. Permit granted
#749 – Cornwall Children Center Inc. Addition of a 10’ x 14’ addition for the expansion of the day care function and an 8’ x8’ deck for access.
#750 – Cathy Pfeiffenberger - Construct a 10’6’ x 38’ deck on an existing single family residence – 68 Cemetery Hill Road.
#751- James Leahy owner/Patrick Hackett applicant – driveway to a single family residence – Everest Hill Road.
Ms. Griswold Nelson advised the commission that a site walk with the highway supervisor Rick Stone was being planned to address issues with the driveway entrance onto the town road.
2. APPROVAL OF MINUTES. May 25th, June regular 10th and June 24th special meeting and regular meetings.
No action on minutes due to the lack of attendance of those commission members present at the meetings listed.
3. NEW APPLICATIONS:
A. Site plan modification – Cornwall Child Center Inc. – Expansion of the child care function of the existing structure to add an infant day care program – 8 Cream Hill Road.
The commission reviewed the site plan attached to Zoning permit #749 for the 10’ x 14’ enclosed addition and 8’ x 8’ deck for the overall expansion of the existing facility for an infant day care program with consensus that all was in order. Correspondence from Torrington Area Health regarding the lack of capacity on the site for future expansion of the existing system was made part of the record.
5. CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
OTHER BUSINESS.
ADJOURNMENT.
Motion to adjourn at 9:45PM unanimously approved.
Respectfully submitted,
Karen Griswold Nelson