PLANNING & ZONING COMMISSION SPECIAL MEETING AUGUST 7, 2008
Present: Regular members Anne Kosciusko, Lynn Cheney, Pat Hare, Chris Hopkins, Richard Lynn, alternates Heidi Kearns, James LaPorta and Emilie Pryor and commission staff Karen Griswold Nelson.
Absent: David Colbert.
Chairman Anne Kosciusko called the special meeting to order at 7:38 PM. All regular members were seated for the proceedings and all alternate members participated in all of 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.
Chairman Kosciusko opened the public hearing at 7:39PM with all regular members seated for the proceedings.
Information made part of the file since the continuation of the hearing on July 8, 2008.
August 4, 2008 correspondence from commission counsel Thomas Byrne.
Inland wetlands permit #507 showing approval for proposed regulated activities
Ian Elwell and Brian Neff, PE and engineering representative for the applicant were in attendance to represent the application.
The floor was opened for open issues as relating to the application. Discussion ensued as to the recommendations Attorney Thomas Byrne’s August correspondence for changes in the language of the easements and restrictive covenants with overview by staff that the changes recommended were not substantive but rather technical and procedural in nature and that Attorney Byrne was basically satisfied with the documents once amended.
Discussion ensued as to the language referencing restrictions of any future subdivision as shown in the draft documents provided with discussion and clarification as to the language as shown that also provided for the consideration of future subdivision based on both the request by all of the members of the common homeowners association and the approval by the Planning & Zoning Commission. Griswold Nelson suggested that a separate documentation containing the language of the “open space” regulations currently in effect, references to maps made part of the records showing the proposed subdivision and a design showing the feasibility of more lots on the same parcel, the voluntary offering by the applicant/owner to restrict the subdivision to the lesser number and the commission’s consideration and approval of the voluntary offering in lieu of either actual land or “fee in lieu of” be filed on the land records as to create a better record of the findings of the commission.
In response to questions from Mrs. Cheney, excerpts of the Inland wetlands approval was read into the record with input from Griswold Nelson as to the particulars and conditions of the permit.
In overview, it was agreed that the recommendations from the commission’s legal counsel were not substantive but rather technical in nature (Mr. Lynn).
Griswold Nelson re-addressed the consideration of a dry hydrant for fire protection being installed on the site with Mr. Elwell stating that they were open to the recommendation but could not commit at this time.
The floor was opened to the audience for questions and comments. Hearing none:
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 was closed by action of the presiding chairman Mrs. Kosciusko at 7:58PM.
PUBLIC HEARINGS: None.
Open discussion and question and answer period with Dolores Hayden, the author of A Field Guide to Sprawl. Ms. Hayden is a tenured professor on the faculty of the Yale School of Architecture and author of several award-winning books on the history and politics of the American landscape and has had a vacation home in Cornwall for many years.
There was an open discussion and question and answer period with Ms. Hayden between 8PM and 9PM.
As relating to overall planning (Plan of C&D preparation) and planning tools that could be considered for land, structure and “rural character” preservation, Ms. Hayden recommended that the commission consider taking an inventory of agricultural and historic structures including barns and admired commercial structures, landscape features including stone walls and stone bridges, and architectural features of the existing structures, suggesting that such an inventory could be helpful in discouraging tear-downs of important structures and removal of physical landscape features of Cornwall. Ms. Hayden addressed regulations that encouraged landscape guidelines so as to protect hedgerows and stonewalls and addressed designation of scenic roads to protect against road widening to accommodate traffic needs. Ms. Hayden addressed innovative methods of providing affordable housing, citing examples from Katonah, New York of a factory rehabbed into affordable housing units and a public library all sited across from a train station. Ms. Hayden suggested that projects could be found in Cornwall with references made to Rumsey Hall.
Ms. Hayden addressed the issue of sprawl, suggesting that the commission consider having planning meetings in which the commission took the view point of a developer so as to “think from the other side”. Ms. Hayden suggested that such processes could help the commission figure out its vulnerabilities in its zoning regulations and building codes and find way to “plug the holes”. Ms. Hayden addressed other factors to be considered in anti-sprawl planning including transfer of development rights, village zoning, cluster development and regionalization of certain town infrastructures and services. Ms. Hayden suggested that the commission consider design review for commercial rather than residential development.
Comments from the floor included issues raised by Mr. Hector Prud’homme as to the lack of teeth behind the Plan of C&D and recommendations (Mr. Prud’homme” that a land use map be prepared with designated areas of preservation outlined.
REGULAR MEETING:
Mrs. Kosciusko out 9:00PM. Mr. Hare assumed the position of presiding chairman and convened the regular meeting at 9:05PM
1. APPLICATIONS FOR ZONING PERMITS.
ZONING PERMITS – July 9 – August 6, 2008
#752- Priscilla Hart Mauro applicant/owner – Addition including a bedroom to an existing residence – 11 Hart Hill Road.
#753- Ann Cameron owner/ Dean Davidson applicant – 19’ x 7’ deck addition to an existing residence- 268 Dibble Hill Road.
#754 – James and Pamela Agresti owners/Litchfield Hills Property applicant – Detached garage shed – 179 Great Hollow Road.
#755 – Frederick Bushnell applicant/owner – Above ground pool and deck – 67 Pierce Lane.
#756 – Margaret Cooley applicant/owner – Addition and deck to an existing residence and detached garage/shed – 90 Cherry Hill Road.
#757 – Leon Boutillier applicant/owner – Mudroom and deck additions to an existing residence – 133 Great Hill Road.
#758 – Nicole Kuehnert applicant/owner – Hot tub – 128 Kent Road South.
#759 – Harry DePolo applicant/owner – New driveway and single family residence
276 Dibble Hill Road.
2. APPROVAL OF MINUTES. May 25th, June regular 10th, June 24th special meeting and regular meetings.
Action on the minutes deferred.
3. NEW APPLICATIONS:
App #208 - Harry R. DePolo applicant/owner - Special exception for the location of a new structure and septic outside of any buildable area on a pre-existing lot of record as per Article IV, paragraph 4 – corner of Route 128 and Dibble Hill Road.
Motion Mr. Lynn, second Mrs. Pryor, to set App.#208- Harry R. DePolo applicant/owner - Special exception for the location of a new structure and septic outside of any buildable area on a pre-existing lot of record as per Article IV, paragraph 4 – corner of Route 128 and Dibble Hill Road for public hearing on September 9, 2008: unanimously approved.
4. PENDING APPLICATIONS:
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.
Staff was to draft a formal motion for consideration at the September 9th meeting and supporting language to address the consideration of the waiver of open space requirements.
5. CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
OTHER BUSINESS.
It was stated that all subcommittees were not meeting on the 4th Tuesday of August and that a special 7:00PM meeting would be posted prior to the September 9th meeting to continue discussions between the Plan of C&D subcommittees as to the progress of their work.
ADJOURNMENT.
Motion Mrs. Kearns, second Mr. Hopkins to adjourn at 9:35PM; unanimously approved.
Respectfully submitted,
Karen Griswold Nelson