PLANNING & ZONING COMMISSION REGULAR MEETING AUGUST 14, 2007
Present were: Regular members Lynn Cheney, David Colbert, Patrick Hare, Richard Lynn, Alternates James LaPorta and Emilie Pryor and commission staff Karen Griswold Nelson.
Absent: Anne Kosciusko and Chris Hopkins.
Vice chairman David Colbert called the meeting to order at 7:35PM. Alternate member James LaPorta was seated for regular member Chris Hopkins and Emily Pryor for Anne Kosciusko.
PUBLIC HEARINGS:
BROC Enterprises LLC applicant/owner (Berkshire Country Store) – Zone change from R3 (3 acre-family residence) to GB (General Business) – 103 Cemetery Hill Road- Assessors parcel E07-03-01 – Volume 105 Page 688.
The entire proceedings were recorded on audio tape and are available in Town Hall.
Vice chairman David recused himself from the proceedings and seated Mr. Lynn to preside over the public hearing in his stead.
The legal notice for the public hearing as published in the Waterbury Republican on Thursday, August 2nd and August 9th, 2007 was made part of the record.
Mr. Lynn advised the public that the commission intended to continue to public hearing to the September 11, 2007 regular meeting with staff input that the meeting would be moved to the Cornwall Consolidated School or the Cornwall Library due to conflict with the use of the meeting room for a primary.
Receipts of certified mailings to abutting neighbors were submitted for the record.
Martin Connor, AICP and Planning Consultant with an office in Goshen, and representative for the applicants, BROC Enterprises LLC, addressed the commission regarding the issue, distributing a report entitled “Proposed Zone Change, R-3 to GB, 103 Cemetery Road” dated July 30, 2007 and addressed to Beth and Rick Cochran, BROC Enterprises, West Cornwall, CT and reading, with excerpts added into the record. (Attached to the minutes). Mr. Connor submitted a listing of his professional credentials for the record.
A petition containing 600 plus signatures, entitled “Petition – Berkshire Country Store, 103 Cemetery Hill Road, Proposed Zone change from R-2 residential to GB General Business Zone” was submitted for the record with note made by Mr. Connor regarding petitions usually being “against” rather than ”in favor” and the number of signatures (600 plus) being “amazing”.
Rich Cochran, co-applicant/owner addressed the commission regarding the proposed zone change, stating that he and his wife had employed Mr. Connor to address the technical aspects of the application, adding their intent as a family to be long term members of the Cornwall community. Mr. Cochran addressed their wishes to expand the grocery portion of the business, remove the gas pumps and undertake facade improvements. Mr. Cochran addressed the difficulty of getting financial money due to the non-conforming issues of the store, noting August 3, 2007 correspondence from Edgar Auchincloss, vice president of commercial lending at the First National Bank regarding such matter (correspondence attached to Mr. Connor’s report). Mr. Cochran stated that his family had no other plans for the site except to put a single family residence on the back section of the parcel, reiterating his family’s wishes to be in Cornwall for the long term.
Letters of support from Melissa and John Stewart, 31 Stone Hill Road, were submitted for the record by Mr. Connor.
The floor was opened for comment, with those in support of the application or those with questions allowed speaking first.
In response to questions from Paul Baran, Whitcomb Hill Road, Mr. Connor addressed the differences and requirements for residential and commercial uses in the R-3 and GB zone.
Richard Duke, (Cemetery Hill Road) spoke in favor (“no objections”) noting that his mother was one of the original restaurant owners.
James Whiteside, 40 Rexford Road spoke in favor, citing reasons including the store being a wonderful place for gathering, an opportunity for a family of modest means and the corner site not being a better place for a GB zone based on the traffic patterns.
Valerie Barber, Bunker Hill Road referenced previous conversations with the previous store owner as to her willingness to buy the store, noting the difficulty with the viability of the store.
Email correspondence from Hedden Chubb made part of the record. To be read into the record at the September 11, 2007 meeting.
Tim Prentice, Lake Road, read a letter of opposition into the record. (Attached to the minutes)
Norma Lake, (Rattlesnake Road) noting any business at the “blinking light” intersection being a challenge, and noting her understanding of zoning not being about people but “the land”, addressed various aspects of the previous Plan of C&D (as referenced in Mr. Connor’s report) including the overriding desire for maintaining the rural character of the town. Noting local and national trends to address the impact of new commercial areas (including malls) on existing local businesses, Mrs. Lake addressed the failure of such businesses as the West Cornwall Market to succeed and the need to take care of the existing business zones and businesses in Cornwall, citing her wishes to see the two viable business being taken care of as her main reason to oppose the application.
Phyllis Nauts, (Johnson Road), noting that she had mixed feelings regarding the matter, questioned if a compromise could be reached so as to prevent the Cochran’s from building 4 to 5 building on the site.
The floor was opened for questions.
In response to questions as to the number of Cornwall residents on the support petition submitted, Mr. Cochran opined that approximately 70% of the signatures were residents.
In response to concerns raised by Ms. Nauts (from the floor- no name given) regarding the development and possible subdivision of the site, Mr. Connor pointed out that subdivision and site plan approvals would be required with any such approval having to comply with all applicable zoning and subdivision regulations as well as all applicable health code requirements (well and septic) and building code issues, deeming such process “very difficult” in his opinion.
In response to questions regarding “economic development” issues, Mr. Lynn pointed out that an updated Plan of C & D was underway with an economic development subcommittee being set up as part of that process.
In response to questions as to whether the Cochran’s had been aware of the restrictions of the site prior to their purchase of the property, Mr. Cochran stated that he was aware of the non-conformities of the site but not aware of the different levels of non-conformity between the Route 7 and Route 4 corridors and the different treatment of those non-conforming sites as stated in the Zoning regulations. Mr. Connor reiterated the differences in the Zoning regulations (as stated in his report) between the two areas.
In regards to questions as to wetlands on the property or adjacent to the property and their impact on future development, Mr. Connor stated that while he believed that the Cochran property had not been delineated for wetlands, that his walk of the property suggested that such was probably not a issue but that such matter would have to be addressed as part of the approval process for the construction of the single family residence being proposed.
In response to questions from Mr. Paul Baran (from the floor – no name given) regarding the consideration of amendments to the existing special permit for expansion of the store in a limited way, Mr. Lynn gave an overview of the past special permit granted for the site, pointing out that the applicants could chose the option of requesting amendments to the special permit but that the application being heard was only for a zone change.
In response to questions as to how and if the special permit could be expanded and if so, the Cochran’s plans for any expansion being part of the record, Mr. Connor pointed out that the current zoning regulations would not allow the expansion of the building and thus creating the need for the zone change.
In response to questions as to allowing non-conformities to expand or to continue on any site and the ramifications of other perhaps expecting the same treatment in creating or requesting other non-conforming uses or zone changes, Mr. Connor stated that clearly other people had the right to ask for zone changes or special permits but that he doubted that other sites in Cornwall had the distinction of being the “blinking light property” near three major state highways.
Mr. Lynn clarified that the public hearing was to be continued and with the commission’s planning consultant to be in attendance with a written and oral report, outlining the time sequences for consideration of and action on the application.
Mr. Hare directed questions to Mr. Connor as to whether the applicant had or was considering any alternatives to the requested zone change. In response, Mr. Connor stated that consideration had been given to an application for a change the zoning regulations but that based on the unique situation of the lot and the property as opposed to the whole town, that such alternate had been deemed not appropriate. Mr. Connor stated that other alternative was to apply for a zoning change amendment to allow for expansion of a nonconforming use but that such would result again in a non-conforming use in a residential zone and not address the financial issues being encountered. Mr. Connor pointed out that there was a little likelihood of changing the existing building to a single family residence based on the traffic and the use of the site for a gas station. It was pointed out from the audience (Mr. Prentice) that such had happened elsewhere.
In response to questions from the floor as to whether any particular uses could be legally restricted or legal documents drawn up to provide for certain use restrictions, Mr. Lynn addressed the differences between permitted and special permit uses, the requirements of site plan approval, and when and if a public hearing was required.
In response to questions (Mr. Hare) as to whether an easements could be considered, as part of the zoning application, to achieve a certain sense of balance to the concerns being expressed and make the existing use viable. In response, Mr. Connor clarified that the commission could not impose a condition of approval on a zone change.
In response to questions from the floor was to whether the lot could be divided into a one acre business zone and a four acre residential zone, Mr. LaPorta suggested that such could be considered spot zoning, noting that the commission was responsible for addressing possible areas for business zones in the Plan of C&D.
In response to questions from Mr. Rick Stone (from the floor –no name given) referencing previous restrictions put on the property during the 1991 and 1997 hearings and subsequent uses permitted as part of those application, Mr. Connor addressed the current zoning regulations that do not allow expansion of the structure. Mr. Connor provided minutes of the previous applications that clarified the uses permitted as part of the ZBA and P&Z proceedings.
Hearing no other comment with reiteration that the hearing was being continued with more opportunity for public comment at the September meeting:
Motion Mrs. Prior, second Mr. LaPorta, to continue the public hearing for BROC Enterprises LLC applicant/owner (Berkshire Country Store)– Zone change from R3 (3 acre-family residence) to GB (General Business) – 103 Cemetery Hill Road- Assessors parcel E07-03-01 – Volume 105 Page 688 to the September 11, 2007 regular meeting with final location to be announced: unanimously approved.
REGULAR MEETING.
Mr. Colbert returned to the proceedings and resumed his seat as vice chairman.
APPLICATIONS FOR ZONING PERMITS.
Zoning permits 7/06/2007 – 08/09/2007
#696 Edward Greene owner – William Kearns applicant – 14 ‘ x 16’ addition to a single family residence – 78 Johnson Road. Permit approved 7/12/2007
#697 Katherine Freygang owner – 25’ x 60’ garage/shed studio. Partly on an existing foundation, no plumbing or sanitary facilities – 10 Pine Street. Permit approved 7/19/2007.
#698 Jeff Gordon owner – Peter Russ applicant – 6’ x 21’ foot addition to a single family residence – 379 Town Street. Permit approved 8/2/2007
#699 Einer Lindholm – one lot resubdivision – application set for public hearing.
#700 Ben Nickoll/Andre LaFontan applicant – Erosion and sedimentation control plan for site grading for storm water management and site development – Furnace Brook Farms.
#701 Vera and Bill Dineen – 30’ x 30’ x 50’ addition to an existing agricultural building – 96 Popple Swamp Road. Permit approved 8/2/2007
#702 Angel Reid owner/Craig Reed applicant – 32’ x 26’ foot garage – 77 Pierce Lane. Permit approved 8/09/2007.
#703 – Stephen J. Hart owner – Construction of a new single family residence as per plan submitted – Railroad Street.
#704 – Keith and Pepi Braun owners/Den Construction applicant – Construction of a new single family residence as per plans submitted – 80 Lake Road.
#705 Henry LaBalme owner – James Terrell applicant – New driveway for an existing single family residence – entrance to be moved from 304 Goshen Sharon Turnpike to Hart Hill Road.
Ms. Griswold Nelson, gave an update on previous driveway permits listed, stating that both zoning permits #0664 (Opgaard) and #669 (Cooks Randall), after review and approval by the town’s engineering consultant, were in the process of being approved. No action was taken on zoning permits #703 (Hart) and #704 (Braun) for single family residences based on both files being incomplete. The commission requested that both be revisited by the commission at the next meeting.
APPROVAL OF MINUTES from June and July.
Motion Mrs. Cheney, second Mr. LaPorta to approve the minutes of the June 12th, 2007 meeting as presented: unanimously approved.
Motion Mrs. Cheney, second Mrs. Pryor to approve the minutes of the June 23rd, 2007 special meeting as presented: approved Mr.’s Lynn, LaPorta and Colbert and Mrs. Cheney and Pryor. Mr. Hare abstained due to non-attendance.
Motion Mr. LaPorta, second Mr. Hare, to approve the minutes of the June 26th, 2007 regular meeting as presented: approved Mr.’s Colbert, Hare, Lynn, and LaPorta and Mrs. Pryor. Mrs. Cheney abstained due to non-attendance.
Motion Mrs. Cheney, second Mrs. Pryor, to approve the minutes of the July 10th, 2007 regular meeting as presented: approved Mrs. Cheney and Pryor and Mr.’s Hare and LaPorta. Mr. Lynn and Mr. Colbert abstained due to non- attendance.
NEW APPLICATIONS:
Walter Malone applicant/Linda Malone owner – Special Exception for a home occupation – 95 Kent Road.
Motion Mrs. Pryor, second Mr. Hare, to accept the application of Walter Malone applicant/Linda Malone owner – Special Exception for a home occupation – 95 Kent Road and to set the application for public hearing at the September 11, 2007 regular meeting: unanimously approved.
PENDING APPLICATIONS:
#0699 Einar Lindholm applicant/Einar and Patience Lindholm owners – 1 Lot Subdivision. Public hearing September 11, 2007
BROC Enterprises LLC applicant/owner (Berkshire Country Store )– Zone change from R3 (3 acre-family residence) to GB (General Business) – 103 Cemetery Hill Road- Assessors parcel E07-03-01 – Volume 105 Page 688
INFORMAL DISCUSSIONS.
The commission addressed concerns raised by Ms. Griswold Nelson as to the dilemma being faced with discontinued roads (as evidenced in recent applications and pending applications) with suggestions given that the commission investigate and perhaps organize a multi-municipality event so as to get guidance and support from other towns as to an appropriate and organized response. It was suggested that town attorney Perley Grimes as well as town planning consultant Thomas McGowan be part of the discussion.
OTHER BUSINESS PROPERTO COME BEFOR THE COMMISSION.
ADJOURNMENT
Motion Mrs. Cheney, second Mrs. Pryor, to adjourn at 10:15PM; unanimously approved.
Respectfully submitted
Karen Griswold Nelson