PLANNING & ZONING COMMISSION REGULAR MEETING SEPTEMBER 9, 2008


Present: Regular members Anne Kosciusko, Dave Colbert, Pat Hare, Lynn Cheney, Chris Hopkins, Rick Lynn and Alternates Emilie Pryor, Heidi Kearns and James LaPorta, commission planning consultant Tom McGowan and commission staff Karen Griswold Nelson.


Chairman Anne Kosciusko called the meeting to order at 7:40 P.M. All regular members were seated for the proceedings and all alternate members allowed to participate in all of the proceedings.


PUBLIC HEARINGS:

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.

The entire proceedings were recorded on audio tape and are available in Town Hall.

The legal notice for the application as published in the Waterbury Republican was made part of the record. Receipts of certified mailings were submitted for the record by the applicant’s representative and legal counsel, William Manasse.

August correspondence from the applicant’s legal representative listing documents made part of the record was referenced by staff, with note made that a copy of the July 1, 2008 minutes of the Cornwall Inland wetlands commission had been made part of the record;

Attorney William Manasse gave an overview of the history of the property, outlining Mr. DePolo’s purchase of two pre-existing non-conforming parcels of land and the merger of the two parcels into one 1.07 acre parcel located on the corner of Route 128 and Dibble Hill Road. Mr. Manasse, referencing map entitled, “Map prepared for Harry DePolo” West Cornwall by surveyor Mat Kiefer, LLS dated 11/12/2006” pointed out foundations on the original parcels existing within the taking line of the state highway. Mr. Manasse stated that the file contained Torrington Area Health approval for well and septic and approval for Inlands Wetlands agency and that the applicant had done “due diligence” to show contour lines as part of the “buildable land” requirements. Stating that the land could not comply with the 20,000 square foot buildable land requirement, Mr. Manasse stated that the proposed house was being constructed with the 14,000 square foot buildable land area that had been field delineated.

Mr. Manasse, stating that the intent of the dwelling being proposed was for use as “guest house” for the DePolo main residence across the street, Mr. Manasse referenced other information made part of the file including copies of the deeds establishing the parcels as pre-dating zoning, flood plain investigation and certification, elevations and plans for the dwelling, an Erosion and sedimentation control plan and a request for waivers from the two year provision for special permits and the use of the special permit usage by family members. Mr. Manasse pointed out that the parcel had obtained a highway entrance approval from the Board of Selectman for the proposed 1,100 square foot two story dwelling.

In response to observations and comments and concerns regarding the size and topography of the site for a dwelling and its compliance with current regulations, Mr. Manasse pointed out that the status of the lot as pre-existing non-conforming allowed it to not be required to conform with all zoning regulations as relating to size of the lot. Mr. Manasse addressed the “buildable land” regulations, suggesting that while the regulations were not exactly clear, that the applicant had shown the best method for complying with the buildable area regulations through the special exception process. In response, Mr. McGowan suggested that it was the commission’s purview to review the evidence to how the applicant could comply when the applicant’s land did not have options in terms of compliance.

In response to questions from Mr. Manasse as to requirements for “buildable land” perhaps tied to density, Mr. Hopkins stated that the reasoning behind buildable land was geared towards the siting of residences on appropriate pieces of lands and to protect against erosion with input from Mrs. Kosciusko that the regulations also helped prevent homes from being built on hillsides and protection of what Cornwall has.

Discussion turned to the wetlands application and the proximity of the residence to the brook. In response to concerns and questions raised regarding the construction of the residence, Patrick Hackett, PE and design engineer for the applicant, addressed the commission regarding the design of the home, stating that the pilings as shown and approved by the Inland wetlands agency, were integral to the design of the structure as well as being in compliance with setback requirements and resulting in the minimization of disturbance. It was noted that the tree stump in the area of the house was not to be removed even though the plans showed other trees marked (Hopkins)

In response to note made as to original consideration of the site by the Zoning Board of Appeals, it was clarified that the original plans submitted to the ZBA had been withdrawn due to lack of information as to site development (variance needed, septic and well approval, wetlands, driveway, etc) and that subsequent investigation of site showed that a structure could be constructed on the site that complied with required dimensional setbacks. In response to concerns raised by commission members as to the tightness of the site, Mr. Manasse reiterated that the plans as provided complied with all zoning regulations in terms of setbacks.

Discussion ensued as to the physical characteristics of the structure with input that the setbacks were easier to comply with based on the structure being a pole barn and being constructed on pilings. Griswold Nelson addressed the wetlands purview in determining the impact of the proposed activities (the actual placement of the pilings, etc.) upon wetlands and watercourses and the Inland Wetlands Agency approval based on their consideration of information submitted including erosion and sedimentation controls. The conditions of the Inland wetlands permit were discussed including the mandated supervision of the site during all phases of construction by the design engineer, Mr. Hackett. Note was made that the erosion and sedimentation control part of the plan was under the jurisdiction of the Planning & Zoning Commission by regulation and was within the purview of the P&Z commission to further address in terms of adequacy.

Based on concerns expressed regarding the development of the site, commission direction was that the plans be sent to the commission’s consulting engineer for review of the erosion and sedimentation measures shown.

Mr. Manasse re-addressed the commission regarding the applicant’s right to build, citing the lot as being a pre-existing non-conforming lot, the Inland wetlands Agency’s report which Mr. Manasse indicated showed that the applicant had met the burden of providing stream protection, and the issues with the language in the regulations for the buildable land requirements for pre-existing lots similar to the one being considered.

Based on the commission’s request that the plans be reviewed by the commission’s consulting engineer:

Motion Mr. Colbert, second Mrs. Cheney, to continue the public hearing for 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 to the October 14th regular meeting and to have the application reviewed by the town’s consulting engineer relating to the compliance and adequacy of erosion and sedimentation control plan made part of the record: unanimously approved.


PRESENTATION:

"Overview of NW CT Regional Planning Collaborative and What the Collaborative Can Do For You". Jocelyn Ayer and Chris Wood, with Introduction by Tom McGowan".

Jocelyn Ayer and Chris Wood, consulting planners recently hired by the Northwest CT Regional Planning Collaborative addressed the commission regarding the available services available through the Collaborative and the goals of the Collaborative to encourage and help provide better regional coordination of planning and municipal management.


REGULAR MEETING:

  1. APPLICATIONS FOR ZONING PERMITS.

#760- Judy and Allen Herkimer - Installation of a new outdoor wood burning furnace in compliance with zoning requirements for set-backs for accessory structures and current DEP requirements – 42 Bald Mountain Road.


#761- John and Nancy Calhoun - Installation of a solar electricity system (consisting of 48 photovoltaic modules) on an existing agricultural accessory structure – 10 Valley Road.


#762- Mark Jones - Installation of a new outdoor wood burning furnace in compliance with zoning requirements for set-backs for accessory structures and current DEP requirements – 42 Bald Mountain Road. Corrected to 390 Town Street


#763 – April Neubauer/John Bolus applicant – 18’ x 60’ inground swimming pool – 141 Valley Road.


#764 – Doug Schloss - - Installation of a solar electricity system (consisting of 48 photovoltaic modules) – 186 Flat Rocks Road.


  1. APPROVAL OF MINUTES. May 27th, June regular 10th, June 24th special meeting and regular meetings, July regular and special meetings and August regular and special meetings.

Motion Mr. Hare, second Mrs. Cheney to approve the minutes of the June 10th regular meeting as presented: unanimously approved.

Motion Mr. Hare, second Mrs. Pryor, to approve the minutes of the May 27th meeting as presented: approved Mrs. Kosciusko and Mrs. Kearns and Mr.’s Colbert, Hare, Hopkins and LaPorta.


3. NEW APPLICATIONS: None.

4. PENDING APPLICATIONS:

  1. 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.

A draft copy of a motion and supporting information was made part of the record and referenced to during discussion of the application.

There was agreement that all of the necessary documents, plans and mapping had been submitted and were in order but that the final easements, once modified as per the instruction of the commission’ legal consultant, Tom Byrne would be brought back to the commission for review. It was also agreed that the general discussion of “more” as provided for in the open space regulations would be revisited outside of the discussion and consideration of the application.

Accordingly:

Whereas the Planning and Zoning Commission has received and reviewed 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 according to the statutory requirements for the consideration of a subdivision with special exceptions and the Zoning Regulations and Subdivision Regulations currently in effect in the Town of Cornwall

Whereas the Subdivision regulations provides in Section 5.7 paragraph 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, the Commission at the request of the applicant may determine that no dedicated open space or fee in lieu shall be required provided such easement:

- shall be subject to the approval of the Commission’s attorney, and

- shall be enforceable by all lots in the subdivision, a Homeowner’s Association and/or the Town.

Whereas the applicant has submitted both a proposed subdivision plan for 3 lots, entitled “Record resubdivision map prepared for Erik Elwell by Richard Adams dated October 2007, revised April 2008” and a subdivision feasibility plan for 12 lots entitled “Subdivision feasibility plan – Seal Rock Development LLC” prepared by Brian Neff dated 4/20/08” showing that 9 more lots are possible on the property than are proposed

Whereas the applicant, as part of testimony of the public record for the June 10, 2008 public hearing and July 8, 2008 and August 7, 2008 continued public hearings has voluntarily proposed to place a form of permanent restriction preventing future re-subdivision of all of the lots in the subdivision and has, as part of the record of the application, provided legal documents to that effect for review and approval by the commission and its legal counsel.

Therefore, the commission, has determined that the objective of the Section 5.7 to ensure to the extent possible as subdivision development occurs that suitable areas are protected for the purpose of natural resource preservation, passive recreational use (including walking or biking path or trails), scenic views or vistas, scenic roadside buffers, historic preservation or farm use and accordingly that the requirements of this section have been satisfied

And therefore has determined that no additional open space shall be required.


Motion Mrs. Cheney second Mrs. Pryor to approve the application of 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 as per the oral and written testimony of the applicant and the site plans and supporting maps supplied; “Record resubdivision map prepared for Erik Elwell by Richard Adams dated October 2007, revised April 2008”, “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”, “ Soil erosion and sediment control plan – 3 lot subdivision – Brian Neff, dated 11/26/2007”

With the following conditions:


  1. Construction and acceptance of the driveway(s) to the single family residence shall be in accordance with Section 5.4 of the subdivision regulations, Section 10.3 of the Zoning regulations and all applicable town requirements as shown on the approved plan.

  2. The applicant shall make improvements to the existing parts of the proposed private street and construct the balance of the private street as per the plans provided, all under the supervision of the applicant’s design engineer who shall maintain communications on the construction progress wit the ZEO. A certificate of compliance shall be provided by the applicant’s design engineer to the Land Use office prior to the issuance of any building permits for the development of the single family home sites.

  3. 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 in a form and amount acceptable to the Planning & Zoning Commission for the Erosion and Sedimentation Controls as specified in the plans can be required by the discretion of the Zoning Enforcement Officer.

  4. All necessary documents, including easements, and/or covenants, Home owners association documents and deed restrictions 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 subdivision record map mylar and references to the volume and page of the said documents shall be incorporated on the mylar to be filed.



As part of the approval, the Commission has determined that the plans as approved satisfy the requirements of Section 5.7 “Open Space” paragraph 7 of the Subdivision Regulations.

The application for the three lot subdivision, with the 4 conditions listed is in accordance with the site plans 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.


  1. 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.

Continued to October 14 regular meeting.


5. CORRESPONDENCE AND COMMUNICATIONS RECEIVED.

  1. OTHER BUSINESS.

    1. #751- James Leahy owner/Patrick Hackett applicant – driveway to a single family residence – Everest Hill Road. Revisit of zoning permit.

After review of the maps provided, commission direction was that the application be reviewed by the town’s consulting engineer for design and compliance with appropriate regulations.


    1. Outdoor wood burning furnace procedures for approval.


  1. ADJOURNMENT

The meeting was adjourned at 10:15PM by action of the chairman.


Respectfully submitted,


Karen Griswold Nelson


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