Notes from P & Z Meeting December 9, 2003
The Planning and Zoning Commission held its last meeting of 2003 on December 9.
[b]Applications[/b]: Chris and Patty Butler of 15 Laurel Mountain Road applied for a temporary car and tool shelter. The application was brought before the board because it is non-conforming. The application was granted.
[b]Elections[/b]: The meeting was turned over to the Zoning Enforcement Officer to conduct the election of officers. Wayne Wilson was reelected chair by a unanimous vote. Bob Bolte was reelected vice-chairman.
Inquiry will be made as to status of the Regional Planning Council. The commission deferred election of a representative pending determination of its status.
[b]ZEO authority[/b]: Can the ZEO decline to sign off on a building that is in compliance if an unrelated building on the property is not in compliance? This question had been deferred from the November meeting so that the ZEO could be present to discuss it. The commission answered “yes.” If the ZEO is inspecting some new construction, but notices another building on the property that never had a permit, he can hold up the certificate of occupancy for the new construction until the other buildings are brought into compliance. Mike Ajello said he generally informs the parties verbally of the need for additional permits and the parties take care of it immediately. It is very rare for the parties to delay coming into compliance. From now on, the ZEO will inform the commission of such issues at monthly meetings and add them to his monthly report.
[b]Size of structures[/b]: Wilson has reviewed regulations of other towns and has not been able to find rules abot exempting certain structures from the permit process based on minimum sizes. One member indicated New Milford goes by value of the building as to whether a permit is needed. State Building code is expanding sizes of buildings that do not require code compliance according to the ZEO.
It was clear that no matter what rules are adopted, all setback requirements must be met.
Howard Lethbridge suggested that up until the issue of the chicken coop, there had been very few issues of this type brought before the commission. The ZEO warned that there are a lot of so-called temporary buildings and they may stand for a long time. Garbage shelters, mail boxes and dog shelters are often outside the setbacks.
The commission agreed that there may be a need for policy about the size of structures that can be built without a permit, but within setback lines. This will be needed to ensure that enforcement is equitable and consistent.
Policy could address such issues as: how to treat chicken coops; whether one dog house in the setback is OK, but not 3. Policy could address how some size limitations would be applied. Wilson asked the ZEO to start writing down some of the issues that he sees regularly so that the commission could deliberate with specifics available.
[b]New State Time Lines for Land Use Applications & Public Hearings[/b]: Most of the new changes do not have much implication for Warren.
[b]Complaint[/b]: The Commission received a letter of complaint from a resident, who raised issues about unregistered vehicles and other irregularities on a neighbor’s property. The commission discussed the issues and what the course of enforcement should be.
They decided that the first level of remedy will be to contact him, inform him he is in violation of the state law on unregistered vehicles and some zoning permit rules and seek cooperation and they decided to ask Jack Travers to do this. They agreed an appropriate letter will be sent, seeking cooperation with the rules.
[b]ZEO report[/b]: The ZEO report noted that three new applications have been approved.
Carlos & Helen Santiago, 292 Brick School Road for a driveway and log home with garage.
Paul & Lisa Tarantino, 95 Carter Road, for a bedroom addition and porch.
Bill Roode, Jr. 45 Sunset Lake Road for a deck addition and three accessory building.
