PLANNING & ZONING COMMISSION REGULAR MEETING SEPTEMBER 11, 2007

Present were: Chairman Anne Kosciusko, presiding, regular members Lynn Cheney, Patrick Hare, Chris Hopkins (in 7;52PM) , Richard Lynn, Alternates James LaPorta and Emilie Pryor and commission staff Karen Griswold Nelson and commission planning consultant Thomas McGowan.

Absent: David Colbert

Chairman Anne Kosciusko called the meeting to order at 7:35 P.M. All regular members were seated for the proceedings.

PUBLIC HEARINGS CONTINUED:

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.

Correspondence entitled “Comments on application to change 5 acres BCS property from a Residential R-3 to a GB zone from TAJ McGowan, AICP and planning consultant for the commission was made part of the record.

Martin Connor, AICP and Planning Consultant with an office in Goshen, and representative for the applicants, BROC Enterprises LLC, gave an overview of the proceedings of the August 14th meeting. Mr. Martin, noting issues raised by the public at that meeting, including the scope of the zone change and the consideration of the applicant’s willingness to limit development on the site, stated that a response had been prepared by his clients indicating “a willingness to voluntarily condition approval of their zone change in a matter that we feel addresses the majority of the concerns expressed at the hearing”. Mr. Connor read the September 9, 2007 correspondence into the record. (Attached to the minutes.) Mr. Connor submitted additional pages of a petition entitled “Petition – Berkshire Country Store, 103 Cemetery Hill Road, Proposed Zone change from R-2 residential to GB General Business Zone” for the record, reading the wording of the petition, “We the undersigned support the Zone change application presented to the Cornwall Planning & Zoning Commission by Beth and Rick Cochran. Their property’s current non-conforming status does not allow them to expand or readily make changes to the nature of their business that will allow their business to grow, change with the times, and better serve our community. The intent of the Zoning regulations for non-conforming businesses in the R-3 zone is to discourage their survival. Therefore, we support their request to change the Zone to the more appropriate and business friendly, GB General Business Zone.”

Chris Hopkins in 7:52PM.

The floor was opened to the public for comment and questions.

Richard Griggs support in favor of the application, citing the existence of the service station for close to 100 years. Mr. Griggs suggested that the town help support the property owners including improvements for a gas station.

Ira Shapiro, (“not the architect”) raised questions and concerns regarding the application, stating that while he was all for a gas station and wished to see the gas station continue, that he would not like a mini-shopping center or 5 acres of business on the site.

August 9, 2007 email correspondence from Hendon Chubb to the Land Use office was read into the record. (Attached to the minutes)

Emile Pryor in 7:55PM

September 11, 2007 correspondence from Tim Prentice was read into the record. (Attached to the minutes).

September 11, 2007 email correspondence from Nora Prentice to the Land Use office was read into the record. (Attached to the minutes)

Martin Connor spoke in response to the McGowan correspondence received and made part of the record that evening, pointing that Mr. McGowan was not in attendance to hear the compromise letter being made part of the record that evening. Mr. Connor stated his belief that the applicants had pointed out comments in the Plan of C&D that supported their proposal. Noting remarks under “Other factors for consideration” paragraph 2 as to the “inclusion of a zone change decision as part of the current town plan update”, Mr. Connor suggested that such a time frame could be two years and was not workable for his clients. Mr. Connor addressed the petition submitted showed a large amount of support for the proposal and the record showing that those in opposition speaking for a compromise solution. Mr. Connor, as the current town planner in Torrington, referenced zone changes in the City of Torrington where compromise agreements were offered as part of the record and made part of the zone change approval.

Rick Cochran, co-owner/applicant, thanked everyone for their attendance and support, adding his respect for the positions taken by Mr. and Mrs. Prentice and Mr. Shapiro. Mr. Cochran, referencing Mr. McGowan’s letter, pointed out that they did not have concrete plans as to the proposed use of the existing building. Mr. Cochran referenced the compromise letter being offered that evening as responding to Mr. McGowan’s letter.

Mr. Connor pointed out that any new plans (for future changes to the site and building) would have to come back to the commission for review and that any expansion would be limited by Torrington Area Health.

Mr. McGowan, stating that as a consultant to the commission that he was not in attendance to speak for or against the proposal but only to state facts, stated his belief that to create a new commercial zone in Cornwall was a major change. Mr. McGowan correspondence was read into the record with added notes by Mr. McGowan that based on his attendance that evening that he now understood some of the alternatives being considered and offered.

Ira Shapiro, spoke against the idea of one big building, spoke for leaving the site as existing, suggesting that what Mr. McGowan had addressed in his correspondence was his fear.

Bobby Tyson, East Cornwall, questioned if a lot could be split into more than one zone.

Catherine Freygang, Pine Street, suggesting that one objective was to maintain a certain sense of neighborhood, pointed out that Cornwall did not have a town center but rather many. Ms. Freygang spoke for having more than one such center and providing for those areas in keeping with the character of the community.

Mr. Hare, referring to references in Mr. McGowan’s letter to conservation restrictions being needed (page 3, “Comments regarding other offers..”) asked for clarification of the easements being offered. Mr. McGowan pointed out that if the home to be a permanent part of the zone, that it could be turned into a business later. In response, Mr. Connor addressed the applicant’s willingness to offer that only one business building be allowed on the site with conservation restrictions (“to the end of time”) that the single family residence would only be used as a single family residence. Mr. McGowan suggested that such a voluntary restriction be subject to review and approval by the town engineer.

Mr. Connor pointed out several examples of the same in Torrington including the permanent facade easement on the historic restaurant (Hilltop across from Wal-Mart’s) on Route 202. Mr. Connor reiterated that the commission cannot make restrictions a condition of approval unless the applicant offers such a condition as part of the hearing and approval process. Mr. McGowan warned the commission that the voluntary conditions could not be expanded outside of what was offered by the applicant or outside of the public hearing.

In clarification to questions from Mrs. Cheney as to the offer regarding one house and one business building and the issues of 4 lots, Mr. Hare suggested that the commission has some issues with the size of the business building, stating his belief that there was logical inconsistencies and problems that needed to be resolved including the appropriateness of the site to be changed to a GB classification.

In response, Mr. Connor pointed out that the concerns of the 4 lots had been addressed in his correspondence, adding the applicant’s belief that the property as existing and used in the past and present was and is business related and should be used for that in the future.

Concerns were raised by the commission as to their own interpretation of their own regulations and the possibility that their own regulations for a general business zone were wide open, a situation that they did not really want to be in. In response, Mr. McGowan pointed out that the application being presented and applied for was an application for a zone change to the GB classification and those issues should be discussed as part of their deliberations. Note was made that any amendments to the GB zone would shift the burden of responsibility to the applicant and the issues with the timing of such.

Mr. Lynn addressed the current regulations as not including a clear definition of mixed uses. In response, Mr. Connor asked for a commission determination that the regulations allowed a residential usage within the GB zone with agreement that the regulations did provide for such. Mr. Connor stated that if the commission did or had not agreed with such an interpretation, that the applicants would have been willing and inclined to subdivide a residential lot off the entire parcel. Mr. Connor reiterated that any such application would have to have approval from Torrington Area Health for water and septic and that such itself was a limiting factor. Note was made by Mr. Hare that future improvements for septic design could result in different configurations.

Mr. Shapiro questioned if the applicant could modify his application to address the concerns and add modifications and restrictions.

In response to references made to limiting factors of the site and to questions from Mrs. Kosciusko for input Mr. Cochran addressed the topography of the site including the existing tree line and wooded areas, noting that there was no map with delineated wetlands.

In response to any more input, questions, or statements to be made prior to the closing of the public hearing, it was reiterated that there would be no further subdivision of the land except for a residential unit that would be used for residential purposes with deed restrictions to that effect.

Mrs. Kosciusko, as presiding chairman, hearing no other questions or comments from the commission or the public closed the hearing at 8:45PM.

PUBLIC HEARING

App #200 - Walter Malone applicant/Linda Malone owner – Special Exception for a home occupation – Article VIII, Section 19 – “General Home Occupations” - 95 Kent Road.

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

Motion Mrs. Cheney, second Mr. LaPorta, to amend the agenda to act on other business prior to the return of Mr. Malone (to allow submission of his receipts of certified mailings to his abutting neighbors); unanimously approved.

REGULAR MEETING.

1. APPLICATIONS FOR ZONING PERMITS.

Zoning permits 08/10/2007 – 09/07/2007

#706 – Stephen Saccardi – 3 sided run-in shed for agricultural purposes – 110 Warren Hill Road.

Permit granted 9/6/2007.

#707 – Nicholas Bruehl applicant – deck and enclosed porch – 5 Rumsey Circle.

2. APPROVAL OF MINUTES from July and August.

Motion Mr. Lynn, second Mr. LaPorta, to approve the minutes of the August 14, 2007 regular meeting as presented; unanimously approved.

3. NEW APPLICATIONS:

   1. App #201- Edward and Marilyn Olsen applicants/owners – Special Exception for preparation and sales of art products within a single family residence – 9 Applewood Lane.

Motion Mr. Hopkins, second Mrs. Cheney to set App #201- Edward and Marilyn Olsen applicants/owners– Section 8.18 paragraph 2b – Traditional Home Enterprise - – Special Exception for preparation and sales of the products of artists and craftspeople within a single family residence - 9 Applewood Lane for public hearing on October 9, 2007; unanimously approved.

The public hearing for App #200 - Walter Malone applicant/Linda Malone owner – Special Exception for a home occupation – Article VIII, Section 19 – “General Home Occupations” - 95 Kent Road was opened at 9:00PM

The legal notice for the application, as published in the Waterbury Republican on August 30^th and September 6, 2007 was made part of the record. Receipts of certified mailings to abutting neighbors were to be submitted to the Land Use office.

Ms. Griswold Nelson advised the commission that she had visited the site and that the site plan, showing the historic (Old School house building) single family residence, attached garage and parking along a circular driveway across the front of the house was accurate and that the site, as established, allowed ample room for parking.

Questions were raised regarding the actual square footage of the floor area in the second floor (out of the total 2,350 square feet of the two story home) being used for business purposes with such information to be supplied to the Land Use Office for verification.

The floor was opened to the public for comment and questions.

Linda Malone, 95 Kent Road, property owner (and wife of the applicant) spoke in favor of the application.

Hearing no other questions or comments:

Motion Mr. Hare, second Mr. LaPorta, to close the public hearing for App #200 - Walter Malone applicant/Linda Malone owner – Special Exception for a home occupation – Article VIII, Section 19 – “General Home Occupations” - 95 Kent Road at 9:10PM; unanimously approved.

4. PENDING APPLICATIONS:

   1. #0699 Einar Lindholm applicant/Einar and Patience Lindholm owners – 1 Lot Subdivision. Continued to October due to improper noticing.

2. 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.

3. Walter Malone applicant/Linda Malone owner – Special Exception for a home occupation – Article VIII, Section 19 – “General Home Occupations” - 95 Kent Road.

The commission discussed the application with agreement that the information as to the floor area to be used for the business could be made part of the motion for approval.

Motion Mr. Lynn, second Mr. Hare, to approve the application of Walter Malone applicant/Linda Malone owner – Special Exception for a home occupation – Article VIII, Section 19 – “General Home Occupations” - 95 Kent Road as per the oral and written testimony of the applicant and town staff and as per the site plan contingent upon the submission of a floor plan showing that less than 1/3 of the actual floor space of the entire single family residence would be used for the business.

The special exception for the “Home Occupation”, upon submission of the information requested, is granted, upon submission of the information as the commission has determined that the plans as provided meet the specific standards and criteria as set forth in Article VIII, Section 19 “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.

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 commission opened preliminary discussion of the application. Mr. Hare, stating his opinion that the application be denied without prejudice, addressed his issues with the lot sizes and uses as addressed and his belief that the language in the GB zone was restrictive to community center parts of the town. Mr. Hare stated that the application was the genesis of a good idea but lacked sufficient detail for approval. Mrs. Cheney indicated her concerns with the approval of the site with a GB zone classification. In response to questions and concerns as to spot zoning, Mr. McGowan addressed the meaning of spot zoning and his belief that this situation did not fit that definition. Mr. Lynn addressed his concerns with the application and the timing as relating to the updated Plan of C&D. Mrs. Kosciusko, pointing out that Mohawk Mountain makes that a viable business zone based on winter traffic, addressed the existing two tiny business zones in Cornwall and Berkshire Country store being a good area for future business in that it was already densely populated. Concerns were raised as to the lack of topographical information and the need for good specifics to address the site in terms of appropriateness for future uses. It was suggested that a denial without prejudice would allow the applicant to come back in and open the door for discussion for a better solution to the site. Deliberations were to resume at the next meeting.

5. INFORMAL DISCUSSIONS.

6. WRITTEN COMMUNICATIONS RECEIVED.

Ms. Griswold Nelson advised the commission of written and verbal issues being raised about signage.

7. ADJOURNMENT

Motion Mr. Hare, second Mrs. Cheney, to adjourn at 9:50PM; unanimously approved.

Respectfully submitted,

Karen Griswold Nelson