PLANNING & ZONING COMMISSION REGULAR MEETING NOVEMBER 9, 2010
Present: Regular members Pat Hare, David Colbert, Heidi Kearns, James LaPorta,
Alternate Emilie Pryor and commission staff Karen Griswold Nelson.
Absent: Regular member Chris Hopkins and alternates Buddy Hurlburt and Josh
Tyson
PUBLIC HEARING: None.
REGULAR ZONING MEETING
Chairman Pat Hare called the regular meeting to order at 7:07 P.M. in the
Cornwall Library with a quorum established. Alternate Emilie Pryor was seated
for regular member Chris Hopkins.
1. APPLICATIONS FOR ZONING PERMITS.
#0837 Mark Zieke - applicant/owner - Addition of a 24’ x 24’ deck
and addition of a great room with loft – 109 Dibble Hill Road. Permit
approved 10/21/2010.
#0838 - Jim Herity and Libby Mitchell – owner/Garfield Builders owner - Interior modification and additional space for office and living space – no additional bedrooms – 340 River Road. Permit approved 11/2/210.
#0839 – Ezra Mager owner – Paul Haegert applicant – 19’ x 8’ wood architectural deck/addition to residence – 59 Dibble Hill Road. Permit approved 10/21/2010.
#0840 – Town of Cornwall – property owner – Litchfield Hills Solar applicant – solar PV ground mounted system to power Cornwall Town Offices – 26 Pine Street. Permit approved 11/2/2010.
#0841 – William Dineen – applicant/owner– 20’ 30’ accessory structure/shed - – 34 South Road.
#0842- Colin McLain owner/Greg Rizzotti applicant- 9’ x 8’ deck accompanying garage conversion to bedroom with loft above – 18 Warren Hill Road.
#0843- Marc McGlick and Mary Campbell owners-John Bolus applicant – gunnite swimming pool – 359 Town Street
#0844 – Stephen Hart owner/Allied Engineering applicant – single
family residence and engineered driveway – Railroad Street.
Ms. Griswold Nelson addressed her review of the application and some of the
complexities of the issues of the proposed site design and the history of
the lots being proposed for development. Griswold Nelson recommended that
the application be reviewed for zoning compliance first with Town Planner
McGowan and if necessary for any open legal issues with Attorney Grimes prior
to the application being reviewed by an engineering consultant. It was noted
that drainage calculations, driveway design and site design would need to
be reviewed by an engineer consultant for both the Inland wetlands Agency
and the P&Z. Commission consensus was to support Griswold Nelson’s
recommendations.
2. APPROVAL OF MINUTES. October 12 regular meeting.
Motion made by Mrs. Kearns, seconded by Mr. LaPorta, to approve the minutes
of the October 12 meeting as modified by Mr. Colbert and Mr. Hare (emailed
to commission members prior to the meeting- email corrected copy on file in
the Land Use Office); unanimously approved.
3. NEW APPLICATIONS:
4. PENDING APPLICATIONS.
A. Cornwall Housing Corporation – Amendments to Section 8.25.1.c., “Town
or Non-Profit Sponsored Affordable Multi-Family Housing” to change limit
from six units to ten units per single building,
Motion made by Mrs. Kearns, seconded by Mrs. Pryor, to set the application
for the
Cornwall Housing Corporation – Amendments to Section 8.25.1.c., “Town
or Non-Profit Sponsored Affordable Multi-Family Housing” to change limit
from six units to ten units per single buildings” for public hearing
at the December 14, 2010 regular meeting; unanimously approved.
5. OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
A. Re-Review of “Statement of Past Uses” – 131 Kent Road.
Karen Casey, broker associate from Elyse Harney Real Estate, was in attendance
to address the matter with the Commission. The August 16th letter from Kelly
Futerer, the current property owner of 131 Kent Road was referenced as part
of the discussion. Ms. Casey addressed the status and history of the site,
stating that the property owned by Ms. Futerer was on the market with the
prospective buyer wishing to use the property in the fashion last used by
Ms. Futerer, including the use of part of the space as a art gallery/studio
and the rental of the apartment to a non-owner. Questions were raised regarding
the property being formerly zoned industrial, the existing uses and the approvals
for the same and the process in which to validate the uses past and future
on the site. Griswold Nelson addressed information in the file that showed
that the previous Zoning Enforcement officer had approved a sign permit; a
permit that she felt would have included knowledge of the use of the property
for an art gallery, a similar use to the antique shop/store and art studio
but one different in terms of parking and traffic and use patterns. It was
determined that additional written documentation regarding the use of the
site and the details of the past permitting by the town was needed. It was
commission consensus that legal counsel should review the Kelly Futerer letter
and that a procedure to be followed for similar situations be addressed by
legal counsel
B. Set meeting dates for year 2011.
Motion made by Mrs. Kearns, seconded by Mr. Colbert to approve the 2011 regular
meeting dates of January 11, February 8, March 8, April 12, May 10, June 14,
July 12, August 9, September 13, October 11, November 8, December 13, all
meetings to commence at 7:00PM and be held in Cornwall Library; unanimously
approved.
C. Discussion of procedures for public hearings.
Mr. Hare addressed the procedural process to be used at public hearings for
all applications including imposing time limits of 3 minutes per person to
comment and the recommendation that speakers not repeat previous comments
but note agreement with previous statements. . With input from ZBA chairman
Joanne Wojtusiak from the audience as to the process used by the ZBA during
the Sweet Peet hearing, staff was to prepare a written procedural process
for consideration.
6. CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
PLANNING MEETING
1. Proposed changes to the Zoning regulations for
A. Accessory apartments, residential conversion of older homes or structures
and apartments within business buildings.
A revised copy of proposed regulation changes for accessory apartment was
reviewed with limited discussion based on Mr. McGowan’s absence. Members
of the audience, Nita Colgate and Ann Zinsser gave input as to personal experiences
with the consideration of accessory apartments. A subcommittee, charged with
looking into possible regulatory changes for accessory apartments, was formed.
Mr. Colbert and Mrs. Kearns volunteered to serve on this subcommittee. The
matter was to be revisited when Mr. McGowan was in attendance.
B. Village District
Based on Mr. McGowan’s absence, discussion was deferred.
C. Signage.
Discussion of the topic was deferred.
2. Creation of list and mapping to establish priority open space areas and
baseline data,
Mrs. Pryor provided a copy of a map prepared by the Housatonic Valley Association
entitled “Litchfield Hills Greenprint Series – Cornwall Conservation
Resources - dated April 2010” for commission review and discussion.
(A copy of the map is on file in the Land Use Office for review.)
Mrs. Pryor discussed the importance of establishing a list of priority parcels
to protect as open space. The Commission discussed the process for such a
project including a newly reconstituted Conservation Commission being charged
with such a project and the methodology of approaching the identification
of parcels. Note was made by Mr. Colbert as to some of the difficulties experienced
by the Natural Resources subcommittee of the Plan of C&D in undertaking
such a process. The matter was to be revisited.
3. Abandoned and discontinued roads.
Based on Mr. Tyson’s absence, discussion was deferred
4 Planning priorities – (input from Tyson and Hurburt and timing)
Deferred until Mr. Tyson and Mr. Hurlburt are in attendance.
7. ADJOURNMENT.
Motion made by Mrs. Pryor, seconded by Mrs. Kearns, to adjourn at 9:20PM;
unanimously approved.
Respectfully submitted,
Karen Griswold Nelson