PLANNING & ZONING COMMISSION REGULAR MEETING JUNE 14, 2011

Present: Regular members Pat Hare, David Colbert, Chris Hopkins, Heidi Kearns, James LaPorta, alternate Josh Tyson, commission staff Karen Griswold Nelson.
Absent: Alternate member Buddy Hurlburt.
Others present: Todd Parson, PE from Lenard Engineering and engineering representative for the Commission for the Hart application.

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 7:12 P.M. in Cornwall Library with a quorum established. Mr. Tyson was seated for the proceedings. Mr. Hare stated that the following had been part of the record:
Revised plans submitted to the Land Use office on June 12, 2011
June 10th review correspondence from Lenard Engineering.
June 14th email correspondence from Lenard Engineering in response to requests from chairman Hare to Mr. Parsons to turn concerns into conditions of approval.
Mr. Hare addressed conversations with town planner McGowan regarding the matter and his conversations with Lenard Engineer regarding the June 14th correspondence prepared. It was also stated that a report from the Inland wetland agency, a report from the Housatonic River Commission, a report from the Cornwall Fire Department was not part of the record.
Ms. Griswold Nelson addressed her prepared request for a “waiver of statutory timeframes” It was stated that the request was that the public hearing be allowed to remain open to the August meeting and that the applicant agree in writing to waive the statutory times for the amount of time that the hearing can remain open in order to avoid having the application either be forced to be withdrawn or denied due to lack of information. The request was discussed between all parties involved including the engineering representative for the applicant. After input from Griswold Nelson regarding the status of the wetlands report, t was agreed that request as prepared was appropriate and a signed letter of consent (signed by Mr. Hart and chairman Hare) was made part of the record.
George Johannesen, PE and principle from Allied Engineering Associates and representative for Mr. Hart, addressed the proposed revised plans submitted in response to concerns and requests for changes and additional information by the Commission at the May meeting. Mr. Johannesen addressed requests by the Commission to reduce disturbance, stating that the revised plans showed the siting of a six bedroom single family residence on the site so as to reduce disturbance. Mr. Johannesen addressed the reduction of disturbance from the original plans submitted and the reasoning behind the plans showing a 4 bedroom room home and not the two bedroom home as suggested. Mr. Johannesen addressed design changes to storm water management in and around Railroad Street in response to stated concerns. Mr. Johannesen addressed the submission of revised drainage calculations, a foliage line plan, and conversations with town highway staff and Gordon Ridgway regarding the private road and fire protection
Todd Parsons, PE and principle engineer of Lenard Engineering of Winsted and engineering representative for the Commission addressed the concerns raised in his June 10th review letter and the request by chairman Hare to turn concerns in that letter into conditions of approval. Mr. Parsons gave an overview of the stated concerns and the responding conditions of approval. As relating to the request for a global stability analysis, Mr. Parsons addressed its need based on the concern as to the possibility of the whole project sliding down the hill. In response to questions from Mr. Hare, Mr. Parsons addressed designs and methods used as relating to various storm events, (25 to 100 year storms), the consideration of infiltration and the particulars of the storm water design proposed. Mr. Parsons addressed his wishes to see some of the construction details included in the plans and not as conditions of approval.
The floor was opened to the Commission for questions.
In response to the issues raised by Mr. Hare regarding the global stability analysis, Mr. Johannesen gave an overview of the studies and review done including borings and permeability tests on the site.
Griswold Nelson addressed concerns raised by Doc Simont, a member of the Inland Wetland Agency and Paul Prindle, the Cornwall Building Official during a review meeting held (June 7) including questions regarding the global stability analysis. In response to questions regarding the actual method and timing of the analysis (LaPorta) , it was stated (Parsons and Johannesen) that such analysis were often done during the construction and that options existed for the timing based on the expense of the study.
In response to questions regarding the drainage in around Railroad Street and the railroad tracks, Mr. Hart and Mr. Johannesen addressed conversations with the representatives of the Railroad and their lack of issues. Ms. Griswold Nelson addressed concerns raised by the Inland wetlands Commission regarding the matter and their wishes to have written documentation in the record regarding the drainage issues raised for future reference and protection. Mr. Hare agreed that such matters should be documented for the record.
In response to questions from the audience (Don Bardot) regarding the disturbance on the site, Mr. Parsons agreed that the revised plans showed less disturbance.
In response to questions posed to Mr. Parsons from Mr. LaPorta about his “gut feeling” regarding the amount of disturbance just “being too much” for the site, Mr. Parsons deemed the plans “ambitious” , stressing the need to comply with all of the conditions that were being proposed.
Mr. Tyson, noting his personal experience in the construction business, raised questions regarding the septic system design, including the access road needed for equipment to access the area and construct the system as well as steepness of the septic area. Mr. Johannesen addressed the existing woods road for access and other details of the construction, noting that the plans had been reviewed and approved by Torrington Area Health (Cathy Webber)
Griswold Nelson addressed the matter of a detailed construction sequence, noting the Inland Wetlands Commission’s concerns as to whether Lenard Engineering agreed that the construction sequence provided was appropriate as well as any plans for maintenance. In response to the maintenance matter, Mr. Parsons addressed the necessary maintenance of the various components during and after construction, including maintenance of catch basins in the driveway. Griswold Nelson suggested that either the Inland Wetlands Commission or the P&Z Commission could address the matter by requesting maintenance agreements with the town that would allow the town to maintain the systems if the property owner failed to do so.
Mr. Hare asked for input from Don Bardot regarding the matter with input from Mr. Bardot, property owner Stephen Hart and abutting neighbor Joe Gwazdauskas from the audience. Griswold Nelson, with support from Mr. Hare, addressed her intent to re-visit the matter with town officials based on the concerns and questions raised. It was also stated that the discussion would include the consideration of bonding and might include the re-opening of recommendations made in past years from town counsel, Attorney Perley Grimes, regarding the overall issue of driveway maintenance and bonding for the same.
Mr. Colbert asked for clarification as to the amounts of disturbance between the various plans. In response, Mr. Johannesen stated that the original plans for two 4 bedroom houses (not part of and prior to the current application) proposed 3.7 acres of disturbance, the single 8 bedroom house further up on the hill proposed 3.4 acres, the single 8 bedroom house relocated down the hill proposed 2.05 acres and the latest plans for the 6 bedroom house proposed 1.75 acres of total disturbance.
Don Bardot (Pine Street) addressed the question of “buildable area” raised by town planner McGowan with Mr. Johannesen clarifying that the current plans showed the location of the building envelope near and encompassing one small area of buildable area on the overall site. In response to questions raised regarding the consideration of on-site supervision, Griswold Nelson addressed the purview of Land Use commissions, P&Z and in particular Inland wetlands, to address the matter as part of the permitting process.
Mrs. Kearns posed questions regarding the size of the house and the size of the septic system as relating to numbers of bedrooms with clarification from Mr. Johannesen and Mr. Tyson regarding the ratios of the various components to each other in the design of septic system.
Mr. Colbert raised questions regarding the matter of trees with note made by Mr. Johannesen and Mr. Hare that comments from town planner McGowan suggested that such consideration was not totally within the jurisdiction of the Commission. With note made by Mr. Hare that the special exception status of the application allowed some discretion in the matter though by the Commission, the discussion of private easements and tree protection measures between the Commission and the applicant was deferred pending additional investigation.
With clarification that the applicant was willing to accept all of the conditions discussed with some minor exception and additional information was forthcoming as needed:
Motion made by Mrs. Kearns, seconded by Mr. LaPorta to continue the public hearing to July 12, 2011: unanimously approved.

PUBLIC HEARINGS:
App. #215 - Strobel Enterprises applicant/owner– Special Exception for a change of use on Route 7 from manufacturing of cabinetry, millwork and furniture to manufacturing of steam shower units– Sec 15.8 – “Nonconforming Uses Located on Route 7”– 240 Kent Road.
The entire proceedings were recorded on electronic recorders and are available in Town Hall.
The legal notice, for both App 215 and App #216, as published in the Waterbury Republican on June 2nd and June 9, 2011was read into the record.
David Strobel, applicant owner was in attendance to represent the application.
Files of ZBA Appeal: # 324- James Batterton Sr. applicant/Strobel Enterprises LLCC owner –Location approval of a portion of property at 240 Kent Road and P&Z App #212 – James Batterton Sr. applicant/Strobel Enterprises owner – Special Exception and Site Plan for a change of use on Route 7 from millwork to motorcycle repair and conversion were made part of the record.
Receipts of certified mailings to be submitted based on staff agreement.
Mr. Strobel addressed the proposal to change the current use from manufacturing of cabinetry, millwork and furniture to the manufacturing of “Aqua jet” steam shower units. Mr. Stroble stated that the units would be assembled on the Kent Road site from components brought on site and that the change in use would result in no change in traffic patterns from the original uses originating back to 1985. Mr. Strobel addressed the expected number of cars per day (6 or less), the use of no chemicals or hazardous materials, and the number of expected employees. Mr. Strobel stated that no painting or welding would be used in the assembly process and that water based caulks and sealants would be used. In response to the verbal testimony, the Commission requested that Mr. Strobel provide a written narrative of the application, a narrative that could be considered a condition of approval.
Hearing no other questions or concerns from the Commission and no one in the audience to speak for or against the application:
Motion made by Mrs. Kearns, seconded by Mr. LaPorta to close the public hearing for App #215: unanimously approved.

Motion made by Mr. LaPorta, seconded by Mr. Tyson to amend the agenda to act on Agenda Item 4 B prior to all other business: unanimously approved.
Agenda item 4 B – Pending Applications
App. #215 - Strobel Enterprises applicant/owner– Special Exception for a change of use on Route 7 from manufacturing of cabinetry, millwork and furniture to manufacturing of steam shower units– Sec 15.8 – “Nonconforming Uses Located on Route 7”– 240 Kent Road.
Motion made by Mrs. Kearns, seconded by Mr. Tyson, to approve App. #215 - Strobel Enterprises applicant/owner– Special Exception for a change of use on Route 7 from manufacturing of cabinetry, millwork and furniture to manufacturing of steam shower units– Sec 15.8 – “Nonconforming Uses Located on Route 7”– 240 Kent Road as the Commission has determined that the Special Exception Application as presented complies with all the criteria as stated for a change of use on Route 7 from millwork to the manufacturing of steam shower units as stated in Sec 15.8 – “Nonconforming Uses Located on Route 7”, satisfies the Site Plan Criteria as prescribed in Article VI and the General standards for all special exception (as prescribed in Article VIII, subsection .5 “General Standards” with the following conditions:
1. A written statement defining the use shall be submitted to the Land Use Office.
2. The receipts of certified mailing shall be submitted to the Land Use office prior to the issuance of the special permit.
The motion was approved by unanimous vote.

App. #216 - Dermot and Darilyn Woods applicants/owners – Special Exception for an attached accessory apartment in an R-1 zone as per Article 8- Section 10 “Accessory Apartments”- 370 Kent Road
The entire proceedings were recorded on electronic recorders and are available in Town Hall.
The legal notice for the application was read into the record as part of App #215.
Site plans entitled “Improvement Location Survey for Dermot and Darilyn Woods” prepared by Ronald McCarthy and “Septic Repair Plan prepared for Dermot Woods” prepared by Jason Dismukes and elevations of the existing single family residence and proposed addition were made part of the record.
Receipts of certified mailings to abutting neighbors were referenced as part of the record.
Mr. Dermot Woods, co-applicant/owner was in attendance to represent the application.
Mr. Woods outlined the proposal to construct a 785 square foot accessory apartment attached to the 2600 square foot single family residence (2 floors – 1300 square feet each). Mr. Woods stated that the apartment was for his father-in-law. With note made by staff that the proposed apartment was 33% of the total square footage of the residence and complied with the minimum and maximum requirements as defined in Section 10, the Commission reviewed the plans and elevations submitted. Questions were raised regarding the entrance doorway in relationship to the wording of the section, “No new entrance shall be made to the front of the residence” with agreement that the plans as submitted were appropriate to the Commission’s interpretation.
Hearing no other questions or concerns from the Commission and no one in the audience to speak for or against the application:
Motion made by Mrs. Kearns, seconded by Mr. Colbert to close the public hearing for App #216: unanimously approved.

ZONING MEETING:
1. APPLICATIONS FOR ZONING PERMITS. 2. APPROVAL OF MINUTES. May 2011.
App#850 – Johann Winnser - Expansion of an existing single family residence with a 10’ x 34’ x 22’ wrap around porch – 28 Woodruff Lane. Permit approved June 2.

App#851 – Michael Savin - Installation of an outdoor wood burning furnace in compliance with Zoning setbacks and current DEP siting standards – 210 Warren Hill Road. Permit approved May 24.

App#852- Richard Dolan - 40’ 50’ swine barn – complies with TAHD requirement for 300 foot separation distance from residential dwelling - 12 Cherry Hill Road. Permit approved June 2, 2011.

App#853- Arthur Schor - Enlargement of existing kitchen and dining area in the primary residence – 74 Flat Rocks Road. Permit approved June 2.
App#854 – John Miller – Replacement and change to footprint of an existing storage shed – 186 Warren Hill Road.

Renewal of permit #0786/#688 – Bianca Griggs and/or the Wish House to conduct a seasonal farmers market (Friday, Saturday, and Sunday) as per plans on file – 413 Sharon Goshen Turnpike.

3. NEW APPLICATIONS:
A. App#217- Little Guild of St. Francis – Addition “use” of the existing facility for Town animal kennel and training facility – 285 Sharon Goshen Turnpike.
Motion made by Mrs. Kearns, seconded by Mr. LaPorta, to set App #217 for public hearing at the July 12th regularly scheduled meeting: unanimously approved.

4. PENDING APPLICATIONS.
A. App#214 – Allied Engineering Associates applicant/Stephen Hart property owner – Continued to the July 12th meeting.
C. App. #216 - Dermot and Darilyn Woods applicants/owners – Special Exception for an attached accessory apartment in an R-1 zone as per Article 8- Section 10 “Accessory Apartments”- 370 Kent Road.
Motion made by Mrs. Kearns,, seconded by Mr. LaPorta to approve App. #216 - Dermot and Darilyn Woods applicants/owners – Special Exception for an attached accessory apartment in a R-1 zone as per Article 8- Section 10 “Accessory Apartments”- 370 Kent Road as per the oral and written testimony of the applicant and their representatives, including town staff and as per the site plans and elevations presented and referenced in the minutes.
The special exception for the “Accessory apartment” is granted as the commission has determined that the plans as provided meet the specific standards and criteria as set forth in Article VIII, Section 10 “Accessory Apartments” as well as general standards of Article VIII, Section5, “General Standards” for all special exception applications of the Town of Cornwall Zoning regulations; unanimously approved.

5. OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
B. Approval of amendments to the P&Z Commission bylaws regarding attendance and meeting dates and times.
Motion made by Mr. LaPorta, seconded by Mr. Tyson to amend Article V of the commission bylaws as presented at the June meeting to include language to address member attendance and provide that regular meetings are to be held on the second Tuesday of the month at 7PM in the Cornwall Library; motion unanimously approved. (Copies of the bylaws on file in the Land Use Office)

6. CORRESPONDENCE AND COMMUNICATIONS RECEIVED.

PLANNING MEETING
Workshop meeting to include but not be limited to discussion of the following with commission members: Residential housing options and Accessory apartments (review of amendments proposed and consideration of setting amendments for public hearing.
A special workshop meeting was set for July 5th at 7:00PM based on the heavy agenda for the next regular meeting.

7. ADJOURNMENT.
Motion made by Mr. LaPorta, seconded by Mr. Hare to adjourn at 9:45PM; unanimously approved.

Respectfully submitted,

Karen Griswold Nelson