PLANNING & ZONING COMMISSION SPECIAL MEETING JULY 19, 2011

Present: Regular members Pat Hare, Chris Hopkins, James LaPorta, alternate Josh Tyson, and commission staff Karen Griswold Nelson.
Absent: David Colbert, Heidi Kearns and Alternate member Buddy Hurlburt.

PUBLIC HEARING CONTINUED:
App#214 – Allied Engineering Associates applicant/Stephen Hart property owner – Special exception for the siting of a single family resident outside of the buildable area on a flag lot created by the combination of a pre-existing non-conforming lot (with frontage on Railroad Street) and a rear parcel (with no frontage) with driveway access from Railroad Street – Article IV- paragraph 4.4 - Assessors Map H03 – Block 3 – Lots 10 and 20 – Railroad Street.

The entire proceedings were recorded on electronic recorders and are available in Town Hall.
Chairman Pat Hare called the public hearing to order at 7:13 P.M. in Cornwall Library with a quorum established. Mr. Tyson was seated for the proceedings.
Information made part of the record:
July 5, 2011 Inland wetlands Agency meeting minutes.
George Johannesen, PE and principle from Allied Engineering Associates and representative for Mr. Hart, and property owner, Stephen Hart, were in attendance to address the application.
Ms. Griswold Nelson addressed the status of the application and in particular the findings of the Cornwall Inland Wetlands Agency at their July 5, 2011 meeting. Griswold Nelson outlined the items that the Inland Wetlands Agency was still requesting, and in particular, their finding that the global analysis study recommended by Lenard Engineering was be completed and submitted to the Agency prior to their final consideration or approval of the application.
In response to concerns raised by Mr. Hart regarding his understanding of an agreement by the P&&Z Commission that the study could be completed as a condition of approval, Griswold Nelson clarified that the matter was still under consideration in the public hearing process and not part of a formal approval. Griswold Nelson addressed the Inland wetlands “report” that the P&Z Commission would be addressing as part of their consideration of the application, stating that the report could be an approval or a denial and that the Planning & Zoning Commission could technically approve an application denied by a wetlands agency. There was general discussion as to conditions of approval that any Land Use board or Commission could or should not make part of their approval process. In response to questions, Griswold Nelson addressed conditions of approval that the Cornwall Inland Wetlands Agency usually imposed, including but not limited to bonding, site supervision, and specific information as to a responsible party.
Mr. Hare polled the Commission members as to whether they would require or not require that the global stability study be completed prior to any consideration of approval. Mr. Tyson stated his belief that the study should be completed prior to the granting of a permit by the Commission, suggesting that not requiring something as important as the study could be considered ‘passing the buck”. Mr. LaPorta and Mr. Hopkins concurred with Mr. Tyson’s wishes to have the study completed prior to the final consideration of approval.
Based on the Commission’s wishes to have the study done, Mr. Johannesen agreed to move forward with the recommendation with his client Mr. Hart. After brief discussion of other information that the P&Z commission was seeking for the record prior to the close of the hearing:
Motion made by Mr. LaPorta, seconded by Mr. Hopkins, to continue the public hearing for App#214 to the regularly scheduled August 9th meeting: unanimously approved.

PUBLIC HEARINGS:
App. #217 – Little Guild of St. Francis – Special Exception for the use of the existing facility as a “commercial kennel and dog training facility” by the Town of Cornwall - Section 8.9 – “Commercial kennels ”- 285 Sharon Goshen Turnpike
The entire proceedings were recorded on electronic recorders and are available in Town Hall.
Information made part of the hearing:
Record of Special Permit applications #’s 28, #34 & #170 granted to Little Guild.
Copy of a legal notice published in the Waterbury Republican on June 30th and July 7, 2011
Receipts of certified mailings sent to abutting neighbors by Little Guild.
July 7th and July 11, 2011 correspondence from the Office of the First Selectman.
Denise Cohn, executive director of the Little Guild of Saint Francis was in attendance to represent the application. Mrs. Cohn outlined the request to modify the existing special permit(s) to include a licensed “dog pound” facility, as required by the State of Connecticut for the boarding of Cornwall dogs taken in by the Cornwall animal control officer. Mrs. Cohn stated that Little Guild would not be taking in dogs from other communities and would in essence; continue to do what they had been doing for years. Mrs. Cohn addressed the training piece of the permit, stating that while Little Guild had been doing some training for years, it had been pointed out by the state animal control officer, in a recent meeting, that such training also required state permitting.
Ms. Griswold Nelson stated that her site visits to Little Guild showed that the facility was in compliance with the site plan approved as part of the initial special permit applications.
Acknowledgment was made of the letters of support submitted by the Office of the First Selectman.
Hearing no one from the audience speaking in favor or in opposition to the application:
Motion made by Mr. Hopkins, seconded by Mr. LaPorta to close the public hearing for App# 217; unanimously approved.

Motion made by Mr. Hopkins, seconded by change the order of the agenda to address
Agenda item 4– Pending Application - B –
App. #217 – Little Guild of St. Francis – Special Exception for the use of the existing facility as a “commercial kennel and dog training facility” by the Town of Cornwall - Section 8.9 – “Commercial kennels ”- 285 Sharon Goshen Turnpike prior to all other business: unanimously approved.

After discussion and agreement that the all concerns and questions had been satisfied:

Motion made by Mr. Hopkins, seconded by Mr. LaPorta to approve App. #217 – Little Guild of St. Francis – Special Exception for the use of the existing facility as a “commercial kennel and dog training facility” by the Town of Cornwall - Section 8.9 – “Commercial kennels”- 285 Sharon Goshen Turnpike as per the oral and written testimony of the record and the site plan as originally approved in Special permit #28/34 granted to Little Guild.

The special exception for the “commercial kennel and dog training facility is granted as the commission has determined that the plans as provided meet the specific standards and criteria as set forth in Article VIII, Section 8.8 “Commercial Kennels” 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.

ZONING MEETING:
1. APPLICATIONS FOR ZONING PERMITS.
App #855 – John Miller – 12’ x 24’ relocated accessory structure for storage (replacing smaller structure to be removed) – 186 Warren Hill Road. Permit approved June 19.

App #856 – James Young – 24’ x 24’ deck – 104 Kent Road South. Permit approved July 7.

App #857 – Margaret Tagliarino – in ground swimming pool – 64 Todd Hill Road. Permit approved June 19.

App #858 - Maria Ginsberg and Marc Scaglarino – new enclosed entry – 105 Cream Hill Road.

App #859 – Donald Bardot owner/Litchfield Hills Solar – solar panels – 9 Pine Street.

App#860 – Harriet Hubbard – 26’ x 30’ accessory structure – (replacement of a non-conforming structure in a more conforming location) - 7 Rumsey Circle.
Griswold Nelson addressed the removal of an accessory structure located one plus feet from the abutting property line shared by Mrs. Hubbard and Mr. and Mrs. Bruehl and the re-location of a similarly sized structure 5 feet from the line, allowing access for maintenance. It was stated that conversations had taken place between the Land Use office and Mr. Bruehl and the ZBA chairman regarding the matter with consensus that application would not require a variance as it made a non-conforming structure more conforming and was mutually agreeable to all impacted parties.

App #861 - Scott Harris owner/applicant – swimming pool – 50 Kent Road. Permit approved July 7, 2011.

2. APPROVAL OF MINUTES. May 2011 and June 2011 regular meetings.
Motion made by Mr. LaPorta, seconded by Mr. Tyson to approve the minutes of the June 14, 2011 meeting with modification (final corrected copies to be filed); unanimously approved.

3. NEW APPLICATIONS:

4. PENDING APPLICATIONS.
A. App#214 – Allied Engineering Associates applicant/Stephen Hart property owner – Special exception for the siting of a single family resident outside of the buildable area on a flag lot created by the combination of a pre-existing non-conforming lot (with frontage on Railroad Street) and a rear parcel (with no frontage) with driveway access from Railroad Street – Article IV- paragraph 4.4 - Assessors Map H03 – Block 3 – Lots 10 and 20 – Railroad Street.

B. App. #217 – Little Guild of St. Francis – Special Exception for the use of the existing facility as a “commercial kennel and dog training facility” by the Town of Cornwall - Section 8.9 – “Commercial kennels ”- 285 Sharon Goshen Turnpike

5. OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION -
A. Review of proposed “first cut” of Mark Zielke property at 109 Dibble Hill Road.
Information made part of the record included a map prepared by Brian Neff, licensed engineer entitled “Site Development Feasibility Plan – property first cut division – 109 Dibble Hill Road”, June 23, 2011 correspondence from Brian Neff with attachments including a sanitary disposal report, March 11 correspondence from Torrington Area Health and a copy of the “Chain of Title Summary”.
Mark Zielke, property owner was in attendance to represent the matter. Mr. Zielke reviewed the information as referenced, including the area shown on the map for buildable area, with commission members and staff. It was agreed that the information submitted, including the map showing buildable areas and approval for septic was appropriate. Mr. Zielke was to file the Mylar with recommendations from Griswold Nelson that both the site development and the lot line adjustment map should be filed in the Land records.

6. CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
Mr. Hare addressed the parking of “trykes” on the 240 Kent Road/Strobel property and asked that the matter be followed up on based on the special permit granted to Mr. Batterton (October 2010) allowing no outdoor display of vehicles.

7. ADJOURNMENT.
Motion made by Mr. LaPorta, seconded by Mr. Hopkins to adjourn at 8:55PM; unanimously approved.

Respectfully submitted,

Karen Griswold Nelson