PLANNING & ZONING COMMISSION SPECIAL MEETING FEBRUARY 8, 2011

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

PUBLIC HEARING:
App#213 – Cornwall Housing Corporation applicant/owner – Special Permit for the construction of Non-profit sponsored Affordable Multi-family housing as per Section 8-25 – “Town or Non-Profit Sponsored Affordable Multi-family Housing” Assessors Map H-1-Block 3-Lot 3 - (5.56 acres) in a GB zone/R-5 zone - Kent Road.
The entire proceedings were recorded on audio tape and electronic media and are available in Town Hall.
Chairman Pat Hare called the public hearing to order at 7:10 P.M. in Cornwall Town Hall with a quorum established. Mr. LaPorta was seated for regular member Chris Hopkins.
Staff read the following list of exhibits into the record.
1. Application with letter authorizing Brian Neff to act as agent at Land Use meetings.
2. Copy of legal notice for publication in the Waterbury Republican on January 27th and February 3rd, 2011 with confirmation from Waterbury Republican of publication dates.
3. Copy of letter to and list of abutting neighbors notified by certified mail.
4. Copy of application submitted to the Cornwall Inland wetlands Commission (maps submitted with application referenced below)
5. Map entitled “Proposed site Plan - Elderly Housing Project” dated 12/10/2010 revised to January 3, 2011 prepared by Brian Neff (submitted with both Zoning and Wetlands applications)
6. Map entitled “Soil Erosion and sedimentation control Plan” dated 12/30/2010 prepared by Brian Neff (submitted with both Zoning and Wetlands applications)
7. Plans entitled “A-2 – Exterior elevations, dated January 6, 2011” prepared by Henry Schadler Associates.
8. Plans entitled “A-2- Floor Plans, dated January 6, 2011” prepared by Henry Schadler Associates.
9. Torrington Area Health District approval for septic dated January 31, 2011
10. Color plans entitled “L-1- Site Plan for Cornwall Elderly Housing” dated January 6, 2011 prepared by Henry Schadler Associates received in Land Use Office February 1, 2011.
11. Color plans entitled “L-1- Site Plan for Cornwall Elderly Housing” dated January 6, 2011 prepared by Henry Schadler Associates received in Land Use Office February 1, 2011.
12. Color plans entitled “L-3- Front Perspective view for Cornwall Elderly Housing” dated January 6, 2011 prepared by Henry Schadler Associates received in Land Use Office February 1, 2011.
13. Map entitled “Proposed site Plan - Elderly Housing Project” dated 12/10/2010 revised to January 3, 2011, with revision 2, revised to February 3, 2011 prepared by Brian Neff received in Land Use Office February 3, 2011.
14. February 1, 2011 correspondence State of Connecticut Department of Transportation to Brian Neff – entitled Transmittal Permits.
15. February 2, 2011 correspondence from Brian Neff to Douglas Humes, DOT District permit Inspector referencing revised “Proposed driveway entrance Plan, revised in response to comments.

The floor was opened to the applicant for a (20 minute) presentation. Attorney Peter Ebersol, legal representative for the applicant, submitted receipts of certified mailings to abutting neighbors and added that the required “Statement of Use” (Exhibit 16) and Statement of Use and an electrical plan, E-4 -01 “Electrical site plan and detail (Exhibit 17) had been submitted that day. Attorney Ebersol, noting that application as presented that evening did not contain the final submission of the landscape plan or the final sign-off from the DOT for the highway encroachment, stated that the applicant was requesting that the hearing be continued to the March meeting so as to allow the receipt of all the information and public comment. Attorney Ebersol, stating that the application was being submitted under the provisions of Section 8-25 – “Town or Non-Profit Sponsored Affordable Multi-family Housing of the Cornwall Zoning regulations, stated that the applicant (“we”) believe that the application meets all of the requirements of the section as a special permit. Addressing the need for affordable housing for seniors in Cornwall, Attorney Ebersol addressed the history of the Cornwall Housing Corporation, the history of the search for the site, the characteristics of the site including good soils and accessibility to the state highway, and the site as located not having any negative impact to the neighborhood or to public health, safety and welfare. Attorney Ebersol turned the floor over to the design representatives for the applicant.
Paul Selnau, AIA from the firm of Henry Schadler Associates addressed the nature of the site including landscaping and site entry and the architectural details of the structure including the handicapped accessibility, floor lay-out, common space, utilities, and lighting.
Brian Neff, PE and engineering representative for the applicant, addressed the site plan details including the septic, well locations, drainage and cut and the construction sequence for the site and building. Mr. Neff stated that the cut and fill sequence to prepare the site would result in no removal of fill from the site and no exit of water off site in a 50 year storm. Mr. Neff stated that the revised plan submitted reflected the modifications to the site drainage as recommended by the DOT.
The floor was opened to the public for persons speaking in favor.
Jerry Blakey, (Pine Street), addressed the changing face of Cornwall Bridge, giving an overview of the history and buildings in Cornwall Bridge going back 50 to 60 years. Mr. Blakey deemed the application as good change good for the town, for Cornwall Bridge and the elderly.
Deidre Fischer, (Great Hollow Road) spoke in favor of the application.
Gordon Ridgway , First Selectman and Town Street resident, spoke in favor, deeming the lack of elderly housing a long term problem in the town.
Margaret Cooley, Cornwall Housing Corporation (CHC) president, addressed details of the site plans and clarification as to paving addressed.
Jonathan Beardsley, (Lake Road) spoke in favor, stating that the CHC had enabled him to live in Cornwall.
A letter of support submitted to the Land Use by Katherine Skiff, 23 Kent Road, was read into the record by staff. (Exhibit 18)
Hearing no other comments, the floor was opened to the persons speaking in opposition.
Joanne Wojtusiak, Cornwall Bridge, read a prepared letter of opposition into the record. (Copy to be filed in the Land Use office)
Letters of opposition, February 8, 2011 email correspondence from Jim Young to Joanne Wojtusiak, (Exhibit 19) and read into and February 8, 2011 email correspondence from John Harding to Cornwall Planning & Zoning (Exhibit 20) submitted by Judy Herkimer were read into and made part of the record by commission staff.
Peter Kalmes, Cornwall Bridge, addressed the need for more homework to be done to find other locations other than Cornwall Bridge.
Commission Planning Consultant made an oral preliminary review of CHC site plan and special permit application by Tom McGowan, referencing and adding to written preliminary report submitted for the record (Exhibit 21)
The floor was opened to the commission and public for questions and comments.
In response to questions from Mr. Colbert as to the actual height of the building including the cupola, Mr. Selnau stated that a detailed plan showing the heights of all the structural components would be submitted, noting that all heights would be under the maximum 45 foot limit.
In response to questions from Mr. LaPorta as to the amount of excavation needed to prepare the site and site the structure and the access for future maintenance, Mr. Neff addressed the overall plans for the upper level walk-out, the construction sequence for the cut and fill operation and the access road to the back of the site for maintenance.
In response to questions from Mr. McGowan, Mr. Neff addressed the characteristics and area of the slope to remain, the sequence of grading, the slope stability and the plan to site the building back into the bank so as to reduce the building footprint.
In response to questions from Ms. Wojtusiak as to the reduction of the footprint, Mr. Neff and CHC member Will Calhoun addressed the configuration of the building as proposed.
Kim Herkimer posed questions regarding the stripping of soils on the site during the construction process and the installation of the septic system with note made that a review by Northwest Conservations District (requested and recommended by staff) would address those concerns.
Emilie Pryor, out 8:35PM.
Questions were raised regarding oil heat or electric heat and consideration of sustainability and LEEDS design (Mr. Kalmes) with response by Mr. Selnau of high efficiency oil burner under consideration but with various options cited under consideration as well. In response to questions from Ms. Wojtusiak as to the amount of existing tree cover to remain, Mr. Calhoun addressed the nature of many of the existing trees as tall and spindly and the intent to do a comprehensive landscaping plan addressing the trees to be removed, to be replaced and those to remain. In response to questions from Mr. Colbert as to the consideration of green options as part of the storm water management plan and the use of permeable pavers for the parking areas, Mr. Neff addressed the nature of the soils on site as well draining and the pros and cons of permeable pavers. In response to questions from Ms. Wojtusiak regarding the proposed swale overflowing, Mr. Neff addressed the site drainage design as designed to the drainage calculations used and the treatment of the run off from the land and the building roof. Mr. Ridgway addressed conversations with former property owner, Bernice Merz and the excavation of the areas behind the firehouse during World War II and the history of the site since as well draining.
Hearing no other questions or comments from the audience or the commission,
Motion made by Chairman Hare, to continue the public hearing to the regularly scheduled March 8th meeting: unanimously approved.
It was acknowledged that the application was being submitted to the Housatonic River Commission for comment.

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

2. APPROVAL OF MINUTES. January regular meeting
Motion made by Mr. Colbert, seconded by Mrs. Kearns to defer action on the minutes: unanimously approved.

3. NEW APPLICATIONS:
A. Application 214 - Stephen Hart applicant owner – Special permit for the construction of a single family residence outside of the buildable area. – Railroad Street.
Griswold Nelson advised the commission of the receipt of fees for the review of the application by a professional engineering firm. Discussion ensued as to the timing of the opening of the public hearing based on the receipt of review information and public comment expected to be as an important factor in the process.
Motion made by Mr. LaPorta, seconded by Mr. Colbert, to defer action on the application until the March meeting; unanimously approved.

4. PENDING APPLICATIONS.
A. App#213 – Cornwall Housing Corporation applicant/owner – Special Permit for the construction of Non-profit sponsored Affordable Multi-family housing as per Section 8-25 – “Town or Non-Profit Sponsored Affordable Multi-family Housing” Assessors Map H-1-Block 3-Lot 3 - (5.56 acre) in a GB zone/R-5 zone - Kent Road. Continued to March 8th, 2011.

5. OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
A. 131 Kent Road – Kelly Futerer correspondence.
A draft letter prepared by commission planning consultant Tom McGowan was reviewed with input from Mr. McGowan and Griswold Nelson, acting in the capacity of Zoning Enforcement Officer, continuing to raise their concerns regarding the history and sequence of events in the development of the site as relating to the request by the current owner to continue the use as outlined in the August correspondence. Based on the issues posed by all parties, chairman Hare was to contact town Attorney Perley Grimes on behalf of the Commission and Griswold Nelson to consult town attorney Perley Grimes in her capacity as ZEO.

B. 2011 – 2012 budget and consideration of funding for the Northwestern Connecticut Regional Collaborative
Correspondence prepared by Griswold Nelson and submitted to the Board of Selectmen regarding the Land Use office budget, (Office expenses, LUA, ZEO and clerk salary, Planning & Zoning Commission, Zoning Board of Appeals, and Inlands Wetlands Agency all inclusive) was made part of the record.

6. CORRESPONDENCE AND COMMUNICATIONS RECEIVED.

7. ADJOURNMENT.
By action of the commission chairman the meeting was adjourned at 9:50PM.