PLANNING & ZONING COMMISSION SPECIAL MEETING JANUARY 11, 2011

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

Chairman Pat Hare called the meeting to order at 7:12 P.M. in the Cornwall Library with a quorum established. Alternate James LaPorta was seated for regular member Heidi Kearns.

Discussion of Open Space Priorities"/HVA's Conservation Resources Map with Tim Abbott of HVA's Greenprint,  and Michael  Everett, Landscape Architect and  retired head Landscape Architecture at the Rhode Island School of Design.
Maps entitled “Litchfield Hills Greenprint Series” – Cornwall Conservation Resources” and “Cornwall Conservation Parcels” dated April 2010 were submitted and made part of the record for discussion purposes. (On file in the Land Use office.)
Mr. Hare addressed the discussion with Messrs. Abbott and Everett and review of the maps supplied as an exercise in determining if the information supplied and the techniques employed by both could be used by the Commission in determining open space priorities in Cornwall.
Mr. Abbott, director of the Litchfield Hills Greenprint program, outlined the information shown on the “Conservation resources” map, including areas of existing farmland on prime soils (orthophoto fields and farm soils), large areas of un-fragmented forest and public drinking water supply watershed resource areas as related to areas of protected land shown of the “Conservation Parcels” map. Note was made of the Cream Hill Road area having the greatest concentration of the three conservation resource factors, farmland, forestland, and watershed resource area in conjunction with areas of protected land.
Mr. Everett addressed the consideration of scenic quality and landscape values as part of the determination of open space priorities, giving an overview of the techniques that he had personally used as a Commission member and resident in the Town of Kent. Mr. Everett distributed and submitted correspondence entitled “Patterns on the Land/Pattern Based Planning” that he had prepared for the record. (On file in the Land Use Office)

REGULAR ZONING MEETING:

1. APPLICATIONS FOR ZONING PERMITS.
App #845 – Mark Scaraglino and Maria Ginsburg – 22’ x 22 2 car detached garage and 38’ x 20’ exercise room with porch – 105 Cream Hill Road.

App #846 – Hunnewell and Weiss – additions to single family residence including new porch, second story over south and east wings, increase of bedroom and baths – changes to home only – 82 Cherry Hill Road.

Revisit #0844 – Stephen Hart owner/Allied Engineering applicant – single family residence and engineered driveway – Railroad Street
Griswold Nelson addressed January 4, 2011 correspondence from the Land Use office sent to Mr. Hart requesting the submission of fees for the review of the Zoning permit referenced and a special permit submitted, (Copy on file in the Land Use Office)
2. APPROVAL OF MINUTES. December regular meeting..
Motion made by Mr. LaPorta, seconded by Mr. Tyson, to approve the minutes of the December regular meeting with corrections of paragraph 5A “ Re-Review of “Statement of Past Uses” – 131 Kent Road” by Mr. Colbert to be incorporated into the minutes: unanimously approved.

3. NEW 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 - Assessors Map H-1- Block 3- Lot 3 - (5.56 acre) in GB zone/R-5 zone - Kent Road.
Motion made by Mrs. Pryor, seconded by Mr. Tyson, to set Application#213 for public hearing at the February 8, 2011 regularly scheduled meeting; unanimously approved.

4. PENDING APPLICATIONS. None.

5. OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
A. 131 Kent Road – Kelly Futerer correspondence.
January 11th correspondence from the Land Use office with attachments was made part of the record.
Karen Casey, representative for the property owner, and applicant on a zoning permit submitted that day was in attendance to represent the matter.
The Commission reviewed the information submitted with particular attention paid to the particulars of the May 16, 1995 Special permit use #123 granted to Gunnar Holmes to operate a hair salon as a home occupation and the November 4, 2003 correspondence between Attorney Peter Herbst and the Cornwall Land Use Office that addressed the use of the property as “non-conforming” but acknowledged the continued use of the property by Kelly Futerer Wirth and Dana Gringras for an activity similar to nature to the non-conforming use of the buildings as an art gallery and studio for the display, sale and production of art Based on input from planning consultant McGowan and CZEO Griswold Nelson as to the issues posed by the information and past permitting in the record for the property known as 131 Kent Road, it was agreed that the Commission acknowledged the uses of the property for the special permit use home occupation use(s) granted in the special permit #123 filed on the Land Records and as an art gallery and studio for the display, sale and production of art as addressed in the Herbst/Land Use office correspondence. Accordingly, Land Use staff was to prepare a draft letter showing the Commission’s findings, conditions and sign-off for the uses as acknowledged.

B. Proposed first cut division of Eileen Levine Pond/Mildred Pond property – 112
Sharon Goshen Road.
Information made part of the discussion.
January 10, 2011 correspondence from Torrington Area Health representing septic feasibility approval.
Map entitled “Proposed site development plan – property first cut division – 112 Sharon Goshen dated 12/20/2010.
October 4, 2010 correspondence from Attorney Ann Martindale from Moots Pelegrini constituting the legal opinion that the division of the parcel was a “first cut” and that each parcel met the requirements of a building lot.
Eileen Levine Pond was to attendance to represent the issue.

Commission members, staff and Mrs. Levine Pond addressed the proposed division of land into two parcels, a 12 acre parcel containing the existing home and a 16.572 acre parcel to be used for the construction of a new single family residence, both parcels with access from Route 128. Note was made that the sites had been investigated for existing and future well and septic and that the new lot and existing house site contained enough land to comply with the current buildable land requirements. Commission consensus was that information supplied was in order and the findings of the first cut status appropriate.

C. 2011 – 2012 budget and consideration of funding for the Northwestern Connecticut Regional Collaborative.
Mr. Hare addressed information received from the Northwest Connecticut Regional Collaborative regarding the consideration of funding for the Collaborative. The 2011 – 2012 budget and the status of the current budget were to be revisited at the February meeting with the consideration of the NCRC funding discussed as part of the budget discussion.

6. CORRESPONDENCE AND COMMUNICATIONS RECEIVED.

PLANNING MEETING
Workshop meeting to include but not be limited to discussion of the following with commission members.
Mr. Hare discussed the drafting of residential flexible zoning regulations similar to those discussed by Mr. Francis Armentano, AICP and Director of Community Development in the Town of Granby at special meeting of the Commission in August, 2010. Mr. McGowan was asked to consider undertaking the task.

1. Abandoned and discontinued roads. (Tyson)
Mr. Tyson, based on the cancellation of planned meetings with the First Selectmen due to weather related issues, asked that the discussion be continued to the March meeting.

2. Planning priorities – (input from Tyson and Hurburt and timing)
To be revisited.
Acknowledgement was made of information received on December 14th from a Cornwallian resident requesting the Commission’s consideration and discussion of regulations governing outdoor wood burning furnaces. Based on the timing of the request, the complexity of the issues, and the parties that should be involved, Mr. Hare stated that a response had been forwarded with suggestions made as to the method of addressing the matter with the Commission with community involvement.

7. ADJOURNMENT.
Motion made by Mr. LaPorta, seconded by Mr. Tyson to adjourn at 10:00PM; unanimously approved.

Respectfully submitted,

Karen Griswold Nelson