PLANNING & ZONING COMMISSION REGULAR MEETING AUGUST 9, 2011

Present: Regular members Pat Hare, David Colbert, Chris Hopkins, Heidi Kearns, James LaPorta, Alternate member Josh Tyson and commission staff Karen Griswold Nelson.
Absent: 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 7:05 P.M. in Cornwall Library with a quorum established.
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.
Griswold Nelson addressed the Commission regarding the status of the report from the Cornwall Inland Wetlands Agency. Griswold Nelson advised the Commission that the Agency had deferred action on the application until their regularly scheduled September meeting due to the fact that a hard copy of the global stability analysis study undertaken had not been available for the August 2nd Inland wetlands meeting. Griswold Nelson Griswold Nelson stated that all of the other concerns of the Inland wetlands agency had been satisfied.
Mr. Johannesen addressed open issues and information to be submitted, noting similar information supplied to the Inland Wetlands Agency. As relating to the need for an “easement” for a corner of the Hart driveway to pass over the abutting Xatzis property, Mr. Johannesen provided mapping to support his finding that an “unwritten easement has existed over the Xatzis property for over 100 years” Mr. Johannesen stated that the easement, supported by background information done by licensed surveyor Mathias Kiefer, supported his belief that an easement was not needed. Mr. Johannesen provided a copy of part of a 1915 railroad map that not only showed two houses on the Hart property by the “road” going over the fronts of the Xatzis/Hart property as well as surrounding properties. Stating that the “unwritten easement” was not referenced on deeds, Mr. Johannesen re-stated his findings that an additional easement was not needed. It was suggested by Mr. Johannesen with input from Mr. Hart that that the mapping shown supported the use of the easement area shown on the properties by all neighbors. Based on the nature of the issue, Mr. Hare suggested that a land use attorney be consulted on the matter. Staff was to follow up on the matter.
In response to concerns regarding final approval from Torrington Area Health, Mr. Johannesen provided August 2, 2011 TAHD correspondence, noting that concerns raised regarding driveway grading in relationship to the well had been addressed with a modification to sheet C-2 (revised to July 29, 2011) of the maps supplied.
In response to the request for formal correspondence from Housatonic Railroad Co, Mr. Johannesen provided August 2, 2011 correspondence from Matthew Boardman regarding improvements to and around the culvert under the railroad tracks.
Mr. Johannesen addressed the receipt of August 9, 2011 correspondence from First Selectman Gordon Ridgway and submitted information regarding the amended turning radius of the upper driveway area for emergency vehicle access.
In regards to other concerns raised by both the Inland Wetlands Agency and the Planning & Zoning Commission, Mr. Johannesen addressed information submitted and information added to the plans regarding maintenance of the storm water management systems, noting that the plans had also been modified to show a different catch basin requested by an Inland wetlands Commission member. Mr. Johannesen stated that a stamped infiltration report had been submitted as well as information regarding the construction sequence and inspection timing requested by Karen Griswold Nelson (wetlands concerns). Mr. Johannesen addressed conversations with representatives from CL&P regarding easements for the electrical service and the finding that an easement would not be needed as long as the two lots were in common ownership. Lastly, Mr. Johannesen submitted a copy of the global stability analysis, (dated August 3, 2011 prepared by GeoDesign Inc. of Middlebury Connecticut, stating in summation, “the slope will be stable”. Mr. Johannesen stated that all requests by both Commission’s had been satisfied.
The floor was opened for questions and comments. Mr. Colbert addressed the CL&P easement with Mr. Johannesen’s overview of the language to be added when the property was transferred.
Phil Hart, (Cherry Hill Road) and representative for the Housatonic River Commission addressed the advisory review by the River Commission in terms of river concerns, relating to turbidity, aesthetics and water quality. Noting that the plans had been through extensive review, Mr. Hart expressed his wishes for the plans to be reviewed by the Commission. Mr. Hart and Griswold Nelson were to work together on the matter.
The timing and process for the review by the River Commission was addressed by staff and Commission members and Mr. (Phil) Hart.
Stephen Hart addressed the Commission regarding other issues relating to the Housatonic River including contamination into the river.

Motion made by Mr. Colbert, seconded by Mr. LaPorta, to continue 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 to the September 13th regularly scheduled meeting: unanimously approved.

ZONING MEETING:
1. APPLICATIONS FOR ZONING PERMITS.
None recorded prior to the meeting.

2. APPROVAL OF MINUTES. July special meeting minutes.
No quorum of members to approve the minutes.

3. NEW APPLICATIONS: None.

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.

5. OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
The Commission addressed the timing and consideration for changes to the Zoning regulations regarding accessory apartments with the intent to move forward in the near future. It was noted that planning consultant Tom McGowan had been ill but was on the mend.

6. CORRESPONDENCE AND COMMUNICATIONS RECEIVED.

7. ADJOURNMENT.
Motion made by Mr. Colbert, seconded by Mr. LaPorta to adjourn at 7:50PM; unanimously approved.

Respectfully submitted,

Karen Griswold Nelson