PLANNING & ZONING COMMISSION REGULAR MEETING SEPTEMBER 14, 2010
Present: Regular members Pat Hare, Lynn Cheney, Chris Hopkins (in 7:40PM),
Heidi Kearns, James LaPorta and commission staff Karen Griswold Nelson.
Absent: David Colbert, Alternates Emilie Pryor, Buddy Hurlburt and Josh Tyson
Chairman Pat Hare called the meeting to order at 7:08 P.M. in the Cornwall Library with a quorum established.
PLANNING MEETING
1. Planning priorities.
Commission members addressed their own personal list of priorities, including
availability of updated Town plans and updated regulations (LaPorta and Cheney),
support for the establishment/re-establishment of a Conservation Commission
and Economic Development entity and business in Cornwall in general (LaPorta,
Cheney and Hare), work on overlay zones including the Housatonic River and
well field zones (LaPorta), discussion and consideration of various residential
housing options and priorities including cluster subdivisions, Incentive Housing
zones, TDR’s and LID (LaPorta, Hare and Hopkins), work on and support
for town or commission regulations/ordinances regarding abandoned and/or discontinued
roads (LaPorta and Hare), work on regulations for road improvements and in
particular for emergency access (LaPorta), creation of a housing brochure
(LaPorta), affordable housing and open space options and consensus on areas
for same (Kearns, Hare and Hopkins), support for better social services (Cheney),
agricultural zoning and redefinition of agriculture (Hare and Hopkins), post
office issues (Hare) and re-establishment of rail service (Hare). The discussion
was to be revisited for input from commission members not in attendance.
First Selectman Gordon Ridgway apprised the commission of agenda items on
an upcoming town meeting (October 22) including the re-activation of the Conservation
Commission and a Commission on aging. Mr. Ridgway addressed follow-up with
various business groups by the Office of the Selectmen as relating to avenues
for economic development and the consideration of a telecommunications facility
location task force.
2. Proposed changes to the Zoning regulations for
a. Accessory apartments, residential conversion of older homes or structures
and apartments within business buildings.
Current regulations and proposed regulations were discussed by the Commission
with input from Mr. Ridgway as relating to accessory apartments in conjunction
with existing single family residences and older homes or structures that
could be converted. Questions and concerns were raised and discussed regarding
the requirements for home ownership and requirements for residency by a property
owner on the subject property. Questions were raised by members of the public
as to estate planning measures that would allow residential parcels with accessory
structures, converted structures and/or primary residences to be occupied
by persons other than the owners of record. The matter was to be revisited
with town planning consultant Tom McGowan.
b. 1% funding for the affordable housing fund.
The ongoing discussion was re-visited with Mrs. Kearns pointing out that 2
months of research had brought little information on area median cost of homes.
Ms. Griswold Nelson stated that conversations with Dan McGuiness from NWCOG
showed that the New Canaan regulations, as found in Plan of C&D were a
good regulation model. The issue was to be revisited with Mrs. Kearns and
Mr. Tyson to provide a summary of their findings.
3. Rumsey Hall and future uses.
Mr. Ridgway gave an overview of the current status of the Rumsey Hall building,
stating that the town was under an order of the building official to take
the building down and that the current owner was unable to supply the funds
for the demolition of the structure. Mr. Ridgway noted that the Town has the
right to recapture costs of demolition, adding that the structure, well beyond
repair, had some asbestos, plaster and plumbing already removed and with testing
for lead paint ongoing.
Information was distributed to Commission members showing the Rumsey Hall
lot as shown on the current Assessor’s map, the current regulations
pertaining to the lot in particular and the area in general including the
current minimum lot and dimension requirements, (Article IV), the Cornwall
Plains/Town and Special use Zone regulations (Article III, Section 3), regulatory
language on non-conforming lots, structures and uses (Article XV, Section
3, 4 and 5) and definitions of “non-conforming structures” and
“non-conforming uses” (Article XVI Section 3). Attention was drawn
to certain regulatory language (underlined) that would bear closer scrutiny
and even legal review for this lot and similar lots in the Cornwall Plains
overlay zone if similar circumstances to the Rumsey Hall situation arose.
4. David Grossman’s tax exception proposal.
“Keeping Housing in Rural Towns Affordable through Targeted property
tax relief” by David Grossman was made part of the record for discussion
purposes.
David Grossman gave an overview of the document, as prepared in September
2006, followed by questions and comments from the Commission and the public.
In response to Mr. Ridgway’s stated belief that a proposal for “resident
homeowner tax exemptions” as put forth in the document submitted would
required statutory enabling, the matter was to be investigated and brought
back to the Commission for further discussion and consideration.
5. Abandoned and discontinued roads.
No discussion due to the absence of Mr. Tyson and comments from Mr. Ridgway
that the matter was being addressed by the town, referring to an ongoing issue
with the status of Poughkeepsie Road as part of the telecommunications facility
site consideration. Mr. Ridgway addressed the scenario of how the matter would
be addressed by the town through proper legal mechanisms (town meeting) hopefully
by spring.
6. Regional Planning Collaborative appropriation.
Motion made by Mrs. Cheney, seconded by Mr. LaPorta to pay the $350.00 dues
fee to the Regional Planning Collaborative from the Land Use budget: unanimously
approved.
It was noted that similar fees were paid to Northwest Conservation District
from the town budget in past years for similar land use purposes.
7. Update on 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.
First Selectman Ridgway apprised the Commission of new developments regarding
the placement of a telecommunication facility in Cornwall including the recent
introduction of a second site under consideration off Popple Swamp Road.
REGULAR ZONING MEETING:
1. APPLICATIONS FOR ZONING PERMITS.
#833 – Tony Frith - Addition to a single family residence – 12’
x 22' car port – 159 Kent Road. Permit granted.
#834 – Richard Decherd - Replacement and expansion of an existing deck to 10’ x 24’ and the placement of an 8’ x 10 accessory shed - 5 School Street. Permit granted as per ZBA variance. Permit granted
#835 – Elizabeth Besozzi – Construction of a new single family
residence with Lot line adjustment to correct Zoning issues. AND Lot line
adjustment to correct zoning issues on the two adjoining Besozzi properties
on Furnace Brook Road.
Attorney Peter Ebersol, legal representative for the Besozzi’s, Charles
“Duke” and Elizabeth “Lolly” Besozzi were in attendance
to address the matter. Mapping entitled “Site Plan prepared for Charles
“Duke” Besozzi by Hrica Associates, dated September 7, 2010”
and Special Permit #91-A for the establishment of a permanent sawmill for
limited commercial use under Section 8-20 of the Zoning regulations issued
to Elizabeth Besozzi on February 10, 1992 was made part of the record and
used as part of the discussion. Mr. Ebersol addressed the current plans to
construct a single family residence on land belonging to Elizabeth Besozzi
and land believed to be containing the sawmill Referencing the map submitted
showing the actual location of the saw mill on the abutting property currently
owned by another Besozzi family member, Karla King, Mr. Ebersol stated that
the lot line adjustment would result in the saw mill and wood storage shed
being properly sited back on the Elizabeth Besozzi property within zoning
compliance and documents filed to address the shared driveway status and easements
for access.
2. APPROVAL OF MINUTES. August meetings. Deferred.
3. NEW APPLICATIONS:
A. Strobel Enterprises owner/James Batterton Sr. – Special Exception
for a change of use on Route 7 - Sec 15.8 – “Nonconforming Uses
Located on Route 7” and Site Plan Approval – 240 Kent Road.
Motion made by Mrs. Kearns, seconded by Mrs. Cheney to set App. #212 - Strobel
Enterprises owner/James Batterton Sr. – Special Exception for a change
of use on Route 7 - Sec 15.8 – “Nonconforming Uses Located on
Route 7” and Site Plan Approval – 240 Kent Road for public hearing
at the October 12th regularly scheduled meeting; unanimously approved.
4. PENDING APPLICATIONS. None.
5. OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
A. Lot line adjustment to correct zoning issues on the two adjoining Besozzi
properties on Furnace Brook Road.
See discussion under Zoning permit #835.
B. Review of “Statement of Past Uses” – 131 Kent Road prepared
by Kelly Futerer.
A statement of past uses as prepared by Kelly Futerer, the current property
owner of 131 Kent Road, dated August 16, 2010 and submitted to the Commission
for written confirmation that Ms. Futerer and any future owner could use the
property as a multiple use conforming business property was made part of the
record for discussion. Questions and concerns were raised as to the validity
of the information contained in the correspondence, the lack of evidence of
proper permitting for any of the change of uses over the past years with final
agreement that a clearer history including evidence of uses (i.e. receipts,
photographs, etc.) a clearer definition of past and current uses and additional
research for evidence of permitting by the town’s Land Use officials
was needed prior to a final review by staff including commission planning
consultant, Tom McGowan.
5. CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
Ms. Griswold Nelson addressed verbal communications with a Cornwall resident
regarding the placement of a short-term seasonal driveway farm stand for the
“self-service” sale of apples and pumpkins and the language in
the regulations that would require the submission and approval of a special
permit for such a set-up. Griswold Nelson noted similar stands for the sale
of eggs, plants and the like in the town without special exception permits
and the difficulty in enforcing such regulations for such roadside neighborhood
“Cornwallian” set-ups. Griswold Nelson addressed conversations
with commission planning consultant Tom McGowan regarding regulations that
would better address the situation in Cornwall with the matter to be placed
on future planning workshop agendas for consideration.
Ms. Griswold Nelson and Mr. Hare addressed complaints received regarding sign violations in Cornwall Bridge with the matter to be revisited with the Commission after further investigation and research by the Land Use office.
6. ADJOURNMENT.
Motion by action of the chairman to adjourn at 9:50Pm; unanimously approved.
Respectfully submitted,
Karen Griswold Nelson