PLANNING & ZONING COMMISSION REGULAR MEETING AUGUST 10, 2010
Present: Regular members Pat Hare, David Colbert, Chris Hopkins, Heidi Kearns, James LaPorta, Alternate member Josh Tyson and commission staff Karen Griswold Nelson.
Absent: Lynn Cheney, Alternates Emilie Pryor and Buddy Hurlburt
Chairman Pat Hare called the meeting to order at 7:15 P.M. in the Cornwall Library with a quorum established.
1. APPLICATIONS FOR ZONING PERMITS.
830 – Charles and Barbara Yohe – 145 Cornwall Hollow Road – addition to an existing house. Permit granted August 4, 2010.
#831 – Sam and Lynn Waterston – agricultural outbuilding to include solar panels – Great Hollow Road.
#832- Theodore Hein – addition to an existing garage – 11 College Street.
2. APPROVAL OF MINUTES. July regular meeting
Motion made by Mrs. Kearns, seconded by Mr. Colbert, to approve the minutes of the July meeting with the correction of Lynn Cavanaugh to Wynne Kavanagh on page 1, the addition of the word “None” after “New Applications” and “Communications received” on page 4 and the correction on page 5, under “Re-establishment of a Conservation Commission” of “Gordon Ridgway indicated that the re-establishment of the “conservation commission” would likely be addressed at the same time as the establishment of an economic development commission”: unanimously approved.
3. NEW APPLICATIONS: None.
4. PENDING APPLICATIONS. None.
5. CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
6. INFORMAL DISCUSSIONS.
Discussion with Attorney Peter Ebersol representing James Batterton, Sr. regarding a proposed motorcycle repair facility at 234 Kent Road.
Attorney Peter Ebersol, James Batterton Sr. and David Stroble, property owner of 234/240 Kent Road were in attendance to discuss the matter. Discussion ensued as to the use of the bottom floor of the grandfathered industrial structure at 240 Kent Road being changed in part to a facility for the conversion of two wheeler motorcycles to three wheeler motorcycles and the subsequent sale of the same. With agreement that there was no proposed outside storage or display of the final three wheeled product, (as prohibited in subparagraph .3 a. of the section – “ no outside storage or display of vehicles, equipment, supplies, merchandise or other evidence of commercial use shall be permitted.”) the commission discussed the governing regulations Section 15.8 for “Non-conforming uses located on Route 7”, the references in that section to hazardous materials (subparagraph g – “no change of use or expansion of a use shall be permitted that requires use, handling or disposal of hazardous material as defined herein) and the definition of hazardous materials, as defined in Section 16.3 that states in part, “means any substance or combination of substances which because of quantity, concentration or physical, chemical or infectious characteristics, poses a significant present or potential hazard to water supplies…”.
It was also stated that the change of use would also require approval from the ZBA for a “motor vehicle repair” license from the DMV, as provided for by Connecticut General Statutes - Sec. 14-54 – “Location to be approved by local authority”, a process that would also require review by the ZBA of a prepared site plan and site features in a similar fashion as the special permit required for the change of use in Section 15.8 of the Zoning regulations. Other concerns were raised regarding the location of the site in relation to the aquifer protection zone. It was agreed that the matter as pertaining to the interpretation of hazardous materials and the procedure for the approval was to be addressed by commission planning consultant Tom McGowan.
Discussion with Ruth Rothko and Mary Dezenutis regarding agricultural school and hostel for young agricultural workers.
Ruth Rothko. Kent Road resident and Mary Dezanutis, Kent Road resident addressed the commission regarding the commission’s preliminary thoughts regarding the creation of an agricultural school and accompanying inn and youth hostel in Cornwall. With note made that the matter has already been discussed with First Selectman Gordon Ridgway and the agricultural commission, a matter that had also come up as part of the discussion of the possible uses of the Pink House in West Cornwall, the matter was to be revisited with town staff with direction given to Ms. Rothko and Mrs. Dezenutis to contact Torrington Area Health as well.
7. OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
Update on July 20, 2010 public hearing conducted by the Connecticut Siting Council regarding Docket No. #402- Cellco Partnership d/b/a Verizon Wireless for the construction, maintenance and operation of a telecommunications facility located at 16 Bell Road Extension.
Griswold Nelson addressed the commission regarding the particulars of the July 20th public hearing and the subsequent actions by the town, acting under its intervener status, to continue to address the issues raised by the public, various commissions and the town, prior to, during and after the public hearing.
8. PLANNING MEETING
Discussion ensued regarding proposed changes to the Zoning regulations, as following.
a. Special exceptions for the sale of one acre lots with input from Agricultural Commission,
Delayed until the arrival of representatives of the Agricultural commission.
b. Residential Conversion of Older Homes or Structures.
Griswold Nelson was to consult with Mr. McGowan regarding changes proposed at the last meeting with the agenda item to be placed on the September workshop meeting.
c. 1% funding for the affordable housing fund.
Heidi Kearns, charged with the investigation of median new home construction, stated that the information available was not updated or totally relevant based on the lack of new housing in Cornwall and the prevailing economic conditions in the surrounding area.
It was suggested that the matter of regulatory language in other towns be addressed with Dan McGuiness as well as the Cornwall Housing Corporation and be placed on the September workshop agenda.
Exceptions for the sale of one acre lots with input from Agricultural Commission.
Discussion resumed based on the arrival of Bill Dineen and Susan Saccardi as well as the presence of Chris Hopkins, a member of the Agricultural Commission. Mr. Dinneen addressed the issue of defining a farm and/or a working farm and the criteria such as yearly income that might be considered. Noting that there were less and less working farms in Cornwall with little opportunity at the current time to use such regulations, Mr. Dinneen suggested that the Cornwallian method of helping out citizens, and in particular farmers, in times of needs was still working well and that the regulations might be delayed until a time when the current method was not. Mr. Hopkins raised the issue of the division of farm land resulting in the payment of PA490 penalties. Based on the consensus of the representatives of the agricultural community invited to participate to table the regulations at the current time
Motion made by Mr. LaPorta, seconded by Mr. Colbert, to table discussion of the proposed regulations until further notice: unanimously approved.
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d. Housatonic River Overlay Zone.
Mr. Colbert, charged with addressing changes to the regulations, stated that he was in the process of preparing a document with Mr. Phil Hart from Housatonic Valley, noting that the process was moving forward but slowly.
2. Planning and format for August 17th cluster housing forums with Fran Armentano .
The commission discussed the forum for the August 17th meeting including the power point presentation by Mr. Armentano and any information to be distributed.
3 Planning tasks and priorities worksheet (revised to July 14th).
The commission reviewed the planning tasks and priorities worksheet with updates given by commission members and staff. Discussion turned to a list of priorities for the fall workshop meeting with consensus that, based on the issue of Rumsey Hall being demolished, that the village regulations be prioritized with direction given that Mr. McGowan start on a draft for consideration.
9 ADJOURNMENT.
Motion made by Mrs. Kearns, seconded by Mr. LaPorta to adjourn at 9:25PM; unanimously approved.
Respectfully submitted,
Karen Griswold Nelson