PLANNING & ZONING COMMISSION SPECIAL MEETING MARCH 8, 2011

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

PUBLIC HEARING CONTINUED:
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 are available in Town Hall.
Chairman Pat Hare called the public hearing to order at 7:05 P.M. in Cornwall Town Hall with a quorum established. Mr. Tyson was seated for the proceedings. Mr. Hare, referencing written communications from staff, stated that the following had been part of the record.
23. Color copies (small version of drawings displayed at the February 8, 2011 hearing (received by the Land Use office on 2/17/2011)
24. February 3. 2100 Inland wetlands minutes constituting report from Inland wetlands.
25. Revised “Proposed Site Plan – Elderly Housing Project” prepared by Brian Neff revised to 2/28/2011 received 3/1/2011.
26. Revised “Plans entitled “A-2 – Exterior elevations, dated January 6, 2011 prepared by Henry Schadler Associates: revision date March 1, 2011”
27. Landscaping Plan prepared by A Venturini, LD February 3, 2011 revised to 2/16/2011 received March 3, 2011.
28. March 2, 2011 correspondence from Brian Neff, PE showing Zoning regulation requirements, etc.
29. State of Connecticut Department of Transportation highway permit approval.
30. March 7, 2011 correspondence from Northwest Conservation District.
31. Map entitled “Soil Erosion and sedimentation control Plan dated 12/30/2010 prepared by Brian Neff revised to 3/7/2011”
32. Landscape plan addendum prepared by Alexa Venturini.
33. March 7, 2011 email correspondence from Joanne Wojtusiak.
34. March 7. 2011 email report from commission planning consultant Tom McGowan
35. March 8, 2011 faxed report from CHC legal consultant Attorney Ebersol.
36. March 8, 2011 email correspondence from Brian Neff.

Note was made by Mr. Hare that the evening’s continued hearing had been continued at the February 8, 2011 by the Commission in the form of a motion and therefore there was no requirement to re-publish a legal notice in a newspaper of general circulation or send notices to abutting property owners. Mr. Hare opened the floor to representatives for the applicant for their presentation.
Attorney Peter Ebersol, legal representative for the applicant, addressed open issues remaining from the February 8th hearing, including the submission of a landscaping plan and the receipt of the review from Northwest Conservation District, turning the floor to the applicant’s consultants for their input.
Alexa Venturini, Cornwall, CT, landscape designer for the applicant, addressed the landscaping plan and addendum (Exhibits 27 and 32) made part of the record. In response to questions from the audience, Ms. Venturini addressed the particulars of the filter strip shown on the south end of the parking lot as recommended by Northwest Conservation Distirct.
Brian Neff, PE and engineering representative for the applicant, addressed details of the revised site plan supplied, including the maintenance of the filter strip.
In response to questions from Paul Baren, Cornwall Bridge, as to the consideration of trees in the parking areas, Will Calhoun, speaking on behalf the Cornwall Housing Corporation (CHC) stated that working around trees could be a plowing issue.
Mr. Ebersol responded to the number (17) of parking spaces shown in the design, touching upon the research into similar housing projects in surrounding municipalities as the basis for the number of parking spaces.
Mr. McGowan submitted a revised copy of his March 8th review as referenced and distributed to commission members prior to the opening of the hearing (Exhibit 37)
In response to questions from John Harding, Cornwall Bridge, as to the landscape plan as submitted providing screening from Route 7, Ms. Venturini addressed the existing and planned plant communities, the intended pruning to save as many trees as possible, and the intent, if the budget allowed to have some specimen trees. Paul Selnau, AIA from the firm of Henry Schadler Associates representative for the CHC and Will Calhoun, added information regarding the budget and plans for landscaping on the site.
In response to questions from Peter Kalmes, Cornwall Bridge regarding the number and configuration of the handicapped spaces, Mr. Neff and Mr. Selnau addressed the compliance of the parking with current ADA standards.
In response to questions from Mr. Harding, clarification was made as to the location of the dumpsters and accompanying screening.
In response to questions from Karen Bartomioli, clarification was made as to the foot access to Baird’s Store and the consideration of a formal walking easement between the store and the elderly housing.
In response to questions from Mr. Harding as to protection of existing trees during construction, approval of the plan by the DOT and other site features, Mr. Neff pointed out the limits of disturbance, the installation of erosion and sedimentation controls to define areas of work and provide protection of existing vegetation. Mr. Neff addressed the necessary approval received for entry to the state highway, drainage and sight lines as well as the changes to the site plan in response to recommendations from Northwest Conservation District and his March 8th correspondence submitted (exhibit 36) showing the compilation for setback.
In terms of other open issues, Mr. Neff addressed his estimate of 4700 cubic yards of material to be moved from the rear of the site to the front, the required approval block added to the site plan and the recommendation for a $5,000.00 bond for erosion and sedimentation controls. In regards to questions discussed by staff as to the procedure for minor changes to the plan after approval, (i.e. the change in the location of the electrical transformer), Mr. Neff recommended that any such changes be put in writing and forwarded to the Land Use office for review and that as As-built be provided and filed upon completion of the project.
In response to questions from Mr. Hopkins, Mr. Neff stated that water flow from the berm would drain into the catch basins.
In response to questions from Judy Herkimer, Cornwall Bridge, as to water supply and wells, Mr. Tyson and Mr. Neff addressed current setback requirements.
Mr. Selnau addressed construction features, including the current design showing the installation of two 1, 000 gallon underground propane tanks and two above ground diesel tanks for the fire pump. Mr. Selnau clarified the height of the cupola as 42 feet, 5 inches.
Mr. Ebersol and Mr. McGowan addressed questions raised and areas of concern as reflected in their March 8th correspondence (exhibits 34, 35 and 37). Mr. McGowan addressed his recommendation that the applicant provide a final submission of a landscape plan showing the size and number of plants and trees as shown in the conceptual plan with agreement from Mr. Ebersol that such was appropriate.
Mr. McGowan addressed the requirement in Aquifer Protection Overlay Zone that “no underground fuel storage will be permitted” and the difference between fuel and propane as being threats to groundwater. In response, Mr. Neff, noting that propane goes from a liquid state to a gaseous state upon release, stated his belief that propane was not to be considered “fuel” as stated in the regulation. Mr. McGowan noted that he had not personally spoken the DEP. In response to questions from Mr. Hopkins as to the plans showing two above ground diesel tanks, Mr. Neff and Mr. Selnau addressed the plans for containment within the stated structure essentially creating double wall containment. Mr. McGowan recommended that the Commission require information in the form of a statement on the final site plan addressing the location and status of the propane and diesel tanks with said statement subject to review and acceptance by the Commission.
Mr. McGowan, noting that the Zoning regulations contained no specific requirements for parking for elderly housing, stated that the burden was on the applicant to justify the 17 parking spaces. In response, Mr. Ebersol addressed research on the part of a CHC member and the sources used to justify the number of spaces based on number of residents (8), visitors (6) and part time workers (3) with Mr. Selnau adding that ½ space per dwelling unit was more than adequate for elderly housing
Mr. McGowan, referencing his correspondence submitted, stated that he had no more questions.
The floor was opened to the public for questions, comments and concerns.
Judy Herkimer, Cornwall Bridge, read correspondence from Cornwall Bridge resident, Joanne Wojtusiak, (email correspondence Exhibit 33) into the record.
Mrs. Herkimer raised concerns regarding the design for the storm water and drainage systems and the criteria used (25 versus 50 or 100 year storm) In response, Mr. Neff, pointing out that most systems are designed for 25 year storms, addressed the various and criteria used in the design. In response to questions from Mrs. Herkimer regarding the consequences of any increase in flow from the outfall pipe from the site onto private property in the inner river corridor and the jurisdiction of which entity in that situation. Mr. Neff stated that the plans as designed proposed no increase in flow and that the plans as designed had been approved by the DOT.
Will Calhoun read March 8, 2011 correspondence from the Housatonic River Commission hand delivered by Phil Hart during the hearing. (Exhibit 38)
In response to concerns raised in Joanne Wojtusiak’s letter raised regarding buried material on the site, Mr. Ness addressed investigative testing on the site during the approval process, stating that he had not found the results cited in the Wojtusiak letter.
In response to questions raised by Mrs. Herkimer regarding testing and approval for a public water supply permit, Mr. Neff addressed the submission of paperwork during the subdivision process and the finding by the State that the project was within the jurisdiction of Torrington Area Health resulting in TAHD’s subsequent approval. Mr. Calhoun noted that the subdivision would result in the division of the original parcel to separate two entities, the Cornwall Housing Corporation and the Cornwall Elderly Housing Corporation. Based on the concerns raised, it was agreed that clarification as to the proper approvals for the water supply system for the project could be made a condition of approval.
In response to concerns raised by Mr. Harding as to how could “we” be guaranteed that the plan being provided would be implemented according to the plan, representatives for the applicants, Mr. Selnau, Mr. Calhoun and Ms. Venturini addressed the process for the submission of documents for review and final approval by appropriate town’s staff and governing bodies.
Final concerns raised by commission members, the adequacy of the E&S control bond, income limitations; security and supervision of the site were addressed to the satisfaction of all. Staff clarified that E&S control bonds figures were based on the cost of establishing appropriate erosion and control measures to stabilize a site in the case of E&S control failure or additional emergency measures and did not include the cost of work to stabilize or restore the site itself.
Attorney Ebersol, in closing remarks, addressed the site as being the best location in town based on the size of the building in relationship to the residential/commercial mix of structures in Cornwall Bridge. Mr. Ebersol, noting that the Housing Corporation could have chosen a different path for consideration and approval, pointed out that CHC had chosen the rigorous for approval from the Commission.
Hearing no other questions, concerns or comments from the Commission or the public.
Motion made by Mr. Hopkins, seconded by Mr. Colbert, to close the hearing at 8:50PM; unanimously approved.

ZONING MEETING.
1. APPLICATIONS FOR ZONING PERMITS.

Motion made by Mr. Hopkins, seconded by Mrs. Kearns, to amend the agenda to act on Agenda Item 4A prior to all other business; unanimously approved.
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.

Members seated for the application: Regular members Pat Hare, David Colbert, Chris Hopkins, Heidi Kearns, Alternate member Josh Tyson with commission staff Karen Griswold Nelson and commission planning consultant Tom McGowan part of the discussion. (Certification to be included in the record as to commission members Hopkins and Tyson listening to tapes of the February meeting and reviewing the record prior to the hearing with staff in attendance.
Based on voice consensus that there was no opposition to the application, the floor was opened for the discussion of approval with consideration of conditions and findings as recommended by Mr. McGowan.
Mr. McGowan addressed the number of parking spaces shown on the Plan, suggesting that the Commission could make a finding, based on the oral testimony and information submitted by the applicant, that the Commission was satisfied with the number of parking spaces shown. In response to questions from Mr. Hopkins as to who one would go to get to find that information, Mr. McGowan stated that he would have used the same process and that he personally was not uncomfortable with the plans as shown.
Mr. McGowan addressed the plans showing an underground propane tank, the regulations stating that no underground fuel tanks allowed in the Aquifer protection zone, and the assertion by the applicant that an underground propane tank was not a danger to water quality. It was agreed that the staff would contact the DEP and that the Commission could make such a finding, pending confirmation by staff as to the DEP’s ruling.
Mr. McGowan addressed the plans showing the siting of the structure within the outer river corridor, the regulations providing no specific standards for the outer corridor and his recommendation that that the Commission make a finding that the application satisfied the intent of the regulations. Suggesting that such a finding was not a heavy burden to meet, Mr. McGowan stated his own finding, as Commission consultant, that the application met the requirements.
After discussion of conditions for approval,
Motion made by Mr. Colbert, seconded by Mr. Tyson to approve App#213 – Cornwall Housing Corporation applicant/owner – Special Permit and site plan approval 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 as per the plans provided, “Proposed Site Plan – Elderly Housing Project” dated 12/10/2010 prepared by Brian Neff revised to 2/28/2011”, “A-2 – Exterior elevations, dated January 6, 2011” prepared by Henry Schadler Associates: revision date March 1, 2011”, “Landscaping Plan prepared by A Venturini, LD dated February 3, 2011 revised to 2/16/2011”, “Soil Erosion and sedimentation control Plan dated 12/30/2010 prepared by Brian Neff revised to 3/7/2011” and the record of the hearing, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS:

FINDINGS:
a. Based on information and testimony provided by the applicant, which included the results of a survey of the parking spaces provided at similar housing facilities in the area, the Commission finds that the proposed 17 parking spaces as shown on the site plan are adequate for the proposed use.

b. Concerning the requirements of the AP aquifer protection zone the Commission finds that subject to confirmation that the DEP does not consider an underground propane fuel tank to be a threat to groundwater quality, that such tank meets the requirements of the AP zone. (note: DEP confirmed that an underground propane tank is not a prohibited installation in an aquifer water supply area).

c. Based upon the referral response on this application from the Housatonic River Commission the Commission finds that the application is in compliance with the outer corridor requirements of the Housatonic River Overlay zone.

CONDITIONS:
1. Prior to the start of construction, a $5,000.00 Erosion and Sedimentation Control cash bond will be posted.
2. An “As-built” drawing shall be supplied for review and approval by the Land Use Administrator prior to the issuance of a “Certificate of Zoning Compliance”.
3. Minor adjustment to the site plan regarding changes in location of utility installations shall be put in writing and submitted to the Land Use Administrator for review and approval.
4. A note shall be added to the site plan, prior to being filed, that no underground fuel tank other than that for propane as shown on the site plan shall be permitted on the site.
5. Prior to issuance of a zoning permit the applicant shall supply certification that all state and TAHD approvals are in place for the water supply system.
6. Prior to issuance of a zoning permit the applicant shall provide a list of all grasses and plant types and sizes consistent with the “Concept Plan for Landscape” as revised to 2.16.11.

As part of the approval, as the Commission has determined that the Special Exception Application complies with all the criteria of Section 8-25 – “Town or Non-Profit Sponsored Affordable Multi-family Housing, satisfies the Site Plan Criteria as prescribed in Article VI and satisfied the General standards for all special exception (as prescribed in Article VIII, subsection .5 “General Standards” with the conditions and findings as listed. Motion unanimously approved.

2. APPROVAL OF MINUTES. January regular and February special meeting.
Deferred based on the lack of members in attendance at the meetings named.

3. NEW APPLICATIONS: None.

4. PENDING APPLICATIONS.

B. Application 214 - Stephen Hart applicant owner – Special permit for the construction of a single family residence outside of the buildable area. – Railroad Street. Application accepted at February meeting – no hearing date set.
Griswold Nelson advised the Commission that the consulting engineered hired to conduct the review of the application for both the Inland wetlands Commission, the Planning & Zoning Commission and the town had been on site the previous week and had submitted his preliminary review of the application to the Land Use and the engineer of record, George Johannesen. Mr. Johannesen, in attendance, requested that the Commission set the opening of the public hearing for the April 12th meeting.
Motion made by Mr. Tyson, seconded by Mr. Colbert, to set Application #214 for public hearing at the April 12th regularly scheduled meeting; unanimously approved.

5. OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.

6. CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
A. 2nd Annual Statewide Conference by the Connecticut Farm Bureau
– March 31, 2011.
Mr. Hare expressed his wishes to attend the Conference on behalf of the Commission.

B. Update from the Selectman’s Office on the formation of three town advisory committees - Economic Development, Commission on the Aging and Conservation Commission.
Griswold Nelson provided minutes of the February 24, 2011 Cornwall Economic Development Study Group meeting during which the committee discussed and agreed that the purpose of the committee included acting as an advocate of Cornwall businesses, Strengthening existing Cornwall businesses, addressing local planning and zoning issues such as signage, commercial zones and regulations and overcoming obstacles of Cornwall’s spread-out, multi-village layout and improving directional signage.
Griswold Nelson advised the Commission of the re-formation of the Conservation Commission and the members appointed by the Board of Selectmen. The Commission directed Griswold Nelson to provide all new Conservation Commission members with the current Plans of Conservation and Development and prepare a draft letter addressing the P&Z Commission’s wishes to work with the Conservation Commission.

PLANNING MEETING
Workshop meeting to include but not be limited to discussion of the following with commission members: Status report from subcommittee on accessory apartments (Colbert and Kearns), residential zoning and status report on discontinued road (Tyson).
Commission members discussed the status of their assigned projects and discussed priorities for the upcoming months.

7. ADJOURNMENT.
Motion made by Mrs. Kearns, seconded by Mr. Hopkins to adjourn at 9:45PM; unanimously approved.

Respectfully submitted,

Karen Griswold Nelson