PLANNING & ZONING COMMISSION REGULAR MEETING JULY 13, 2010


Present: Regular members Pat Hare, Lynn Cheney, David Colbert, Chris Hopkins (in 7:30PM) Heidi Kearns, James LaPorta, Alternate members Josh Tyson (in 7:13PM) and Buddy Hurlburt, commission staff Karen Griswold Nelson and commission planning consultant Tom McGowan

Absent: Alternates Emilie Pryor.


Chairman Pat Hare called the meeting to order at 7:05 P.M. in the Cornwall Town Hall with a quorum established. Mr. Hurlburt was seated for Mr. Hopkins until his arrival.


PUBLIC HEARING:

Amendments to the Zoning Regulations - Section 8.26 “Town or non-profit Sponsored Lot”

The entire proceedings were recorded electronically and are available in Town Hall.

Chairman Pat Hare opened the public hearing at 7:05PM and read the call of the proceedings into the record. The legal notice for the public hearing as published in the Waterbury Republican on July 1st and July 8, 2010 was read into the record.

Information made part of the record:

The floor was opened to the public for questions and comments.

Margaret Cooley, acting in the capacity of president of the Cornwall Housing Corporation (CHC) addressed the reasoning behind the proposed amendment, stating that conflicts raised by commission member Rick Lynn last summer during hearings for amendments to the Zoning regulations regarding buildable areas as relating to non-profit lots were being addressed and resolved in the language being proposed. Mrs. Cooley clarified that the issue, relating to the exclusion or inclusion of slope to the buildable area criteria, was a crucial factor based on the nature of the lots being given to the Cornwall Housing Corporation for use as parcel program lots.

Will Calhoun, acting in the capacity of a member of the CHC, spoke in favor of the amendment, stating that 4 out of the 5 lots on Pierce Lane and 1 of the 2 lots proposed on the Merz property would not have been able to be developed if the buildable area equation for non-profit (parcel-program) lots included the factor for slope.

Lynn Cavanaugh, acting in the capacity of a member of the CHC, spoke in favor of the amendment.

Hearing no one else in the audience with comments for or against the proposed amendment or any additional questions or concerns, the floor was closed to the public

Mr. Colbert stated that he was pleased that a resolution had been reached that clearly stated how town sponsored lots are special cases and therefore able to have special regulations for their creation.

By action of Chairman Pat Hare, the hearing was closed at 7:20PM.


The commission changed to the order of the agenda to address Agenda item 4 - PENDING APPLICATIONS - A. Amendments to the Zoning Regulations - Section 8.26 “Town or non-profit Sponsored Lot” prior to all other business.


Motion Mr. Colbert, second Mrs. Cheney to approve Amendments to the Zoning Regulations - Section 8.26 “Town or non-profit Sponsored Lot as presented with the purpose for the amendment, as stated in the May 5 email attachment, as follows:


The purpose of this proposed amendment is to clarify that the Buildable Area requirement adopted in 2003 is not applicable to a Town or non-profit affordable single family house lot Special Permit Use. The rationale for this amendment is:


a. The Town or Non-Profit Sponsored Lot regulation was conceived with the purpose of providing the opportunity to create a lot which could be less expensive to acquire for provision of an affordable house in the R-3 and R-5 Residential Zones. In terms of zoning requirements this is accomplished in the R-3 and R-5 zones by reducing the requirement for lot area and requiring a Minimum Square within which there shall be no inland wetlands or watercourses rather than the more restrictive Buildable Area requirement. If the Buildable Area requirement was applied in addition to the Minimum Square requirement it would defeat the purpose of the Town or Non-Profit Sponsored lot regulation. Accordingly this amendment clarifies that Minimum Square requirement and not the Buildable Area requirement applies to a Town or Non-Profit Sponsored Lot.

b. A Town or Non-Profit Sponsored Lot is allowed only by Special Permit and is subject to site plan review. If a subdivision is involved a Subdivision application is also required. Other single family residential lots are permitted by right without the need for a Special Permit.


The requirement for a Special Permit provides the Commission with the ability to determine that a proposed town or non profit sponsored lot design and construction will be accomplished in a manner that respects the need to address protection against erosion and sedimentation, protection of water quality and other environmental standards as set forth in the general requirements for Special Permits in the Zoning Regulations.


  1. A Town or Non-Profit Sponsored Lot meeting the requirements of the State Affordable Housing Law can not be disapproved by the Planning and Zoning Commission unless the Commission documents that development of the lot will harm public health, safety or welfare. The Town or Non-Profit Sponsored Lot with this amendment is consistent with the State Affordable Housing Law requirements.

Motion unanimously approved.

Motion Mr. Colbert, second Mrs. Cheney, to set an effective date of 15 days following date of publication; unanimously approved.



REGULAR ZONING MEETING:

1. APPLICATIONS FOR ZONING PERMITS.

#824 - Jerome K. Roth owner-Louis Timolat applicant - Add a 12’ x25 addition to, alter, repair and re-build an existing 12’ x 25’ barn – 115 Sharon Goshen Turnpike. Permit granted June 10.


#825- Darilyn and Dermot Woods owners - Replace and extend an existing deck, 351 square foot deck being expanded to 810 square feet, no expansion of non-conforming side yard setback – 370 Kent Road. Permit granted June 10.


#826 - Catherine and John McMahon owners - Remove an existing 2 bedroom dwelling and construct a new two bedroom dwelling in a more conforming location as per engineered B100 A site plan provided – 235 College Street. Permit granted June 29.


#827 – Bryan McCoy – owner – Construction of an in-ground pool – 3 Town Street South.

Griswold Nelson stated that an “As-built” was being required prior to issuance of permit – 3 Town Street South based on conflicting information as to the property lines.


#828 – Andrew and Nancy Opgaard owners - Construction of a detached 28’ x 28’ garage and the addition of a 12’ x 34’ deck to an existing single family residence – 38 Great Hill Road. Permit granted June 29.


#829 – Laurie Racine - Construction of a 14’ x 16’ attached screened porch – 3 South Road. Permit granted June 29.

2. APPROVAL OF MINUTES. June regular meeting

Motion Mrs. Kearns, second Mr. LaPorta to approve the June minutes with correction on page 1 of “plans submitting violating” to “submitted plans and noted violations of” current zoning regulations and page 2, paragraph 4, “mapping that help the” to “mapping that would help the”; unanimously approved.




3. NEW APPLICATIONS:


4. PENDING APPLICATIONS.

A. Amendments to the Zoning Regulations - Section 8.26 “Town or non-profit Sponsored Lot”.


5. CORRESPONDENCE AND COMMUNICATIONS RECEIVED.

6. OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.

  1. July 14th FOI/email workshop with Attorney Perley Grimes with town commissions.

Commission members were encouraged to attend.


  1. Review of Commission correspondence to be submitted at the July 20, 2010 public hearing being 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 advised the commission that a site walk, with expected attendance to include the Board of Selectmen, Sean Hayden from Northwest Conservation District, a representative from the Inland Wetlands commission and intervening neighbors had been arranged for July 14th. Mr. Tyson stated that he was available to walk the site as the Planning & Zoning Commission representative.

PLANNING MEETING

Workshop meeting to include but not be limited to discussion of a. Proposed changes to the Zoning regulations for special exceptions for the sale of one acre lots and for Residential Conversion of Older Homes or Structures, b. The consideration of recommendations for 1% funding for the affordable housing fund c. Residential zoning options and planned forums regarding the same d. Establishment of a Conservation Commission and e. Planning tasks and priorities worksheet.


Proposed changes to the Zoning regulations for special exceptions for the sale of one acre lots

June 7th correspondence, revised to June 21st titled “Draft Zoning regulations regarding the sale of one acre lots from farms as recommended in the Cornwall POCD” prepared by Mr. McGowan was made part of the record to be used as the basis of the workshop discussion.

Mr. Hopkins addressed concerns raised during his recent attendance at a recent Agricultural Advisory Commission meeting, with agreement that the Ag Commission would be invited to attend the August 10th meeting to discuss the concerns raised. Issues raised, including input from Will Calhoun from the audience, included the issues associated with the siting of a septic system on remaining land, the definitions of working farm and the conflict between agricultural activities and farming as defined by other town entities including the assessor’s office, the Inland wetlands commission, etc.

Proposed changes to the Zoning regulations for Residential Conversion of Older Homes or Structures,

Draft document entitled “Special Exception for Residential Conversion of Older Homes and Structures” prepared by Mr. McGowan and July 13, 2010 correspondence from First Selectman Gordon Ridgeway was made part of the record to be used as the basis of the workshop discussion.

Discussion ensued with topics discussed including the lack of commission control over rental or condominium arrangements for said homes or structures, the consideration of such conversions in all areas or just village centers, and the factors of the age of homes and number of units possible, in comparison to the existing regulations, being part of the overall consideration. The agenda item was to be placed on the August 10th agenda.


The consideration of recommendations for 1% funding for the affordable housing fund

June 21st correspondence titiled “Draft Proposed Amendment to the Cornwall Zoning Regulations - Article I - New section 1.8 titled “Affordable Housing - Inclusionary Zoning Fee” prepared by Mr. McGowan was made part of the record to be used as the basis of the workshop discussion. Discussion ensued with questions and concerns raised regarding costs of home construction and additions subject to the fees, incentives for moderate income homes and tangible needs for affordable housing with “objections in principle” raised by Mrs. Kearns and Mr. Tyson. The matter was to be revisited with input from the Cornwall Housing Corporation to be requested.


Residential zoning options and planned forums regarding the same.

Plans were discussed for upcoming forums for residential zoning options. Dates discussed were September 21st for David Fink, policy and communications director for the Partnership for Strong Communities and Home Connecticut programs to speak to the Commission in an open forum meeting on residential housing options. A later meeting date was to be established for Mr. Fran Amento, town planner for the Town of Granby to do a presentation regarding the use of cluster in Granby


Establishment of a Conservation Commission.

Mr. Colbert stated that he had met with First Selectman Gordon Ridgeway and that the existing ordinance from years back was to be vetted with the town attorney regarding its content. Mr. Colbert stated that the re-establishment of the “conservation commission” was to be addressed as the same time as the re-establishment of the economic development commission.



Planning tasks and priorities worksheet.

The commission reviewed the planning tasks and priorities worksheet with updates given by commission members and staff.


  1. ADJOURNMENT.

Motion Mr. Hurburt, second Mr. Hopkins to adjourn at 9:25PM; unanimously approved.


Respectfully submitted,


Karen Griswold Nelson


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