Notes on P&Z Meeting of Jan. 13, 2004
Wednesday, January 14th, 2004The Planning and Zoning Commission met on January 13, 2004 for its first meeting of the new year. They began by taking up a number of applications.
Bob Bolte, a member of the Commission excused himself from discussion of his own request for a timber harvest permit for his land at 37 Hardscrabble Road. He anticipates taking 148 trees in a selective harvest. His logger is James Munch Logging. Selectman asked for $500 bond. The harvest activity will not be near the road and the logger wants to proceed as soon as possible while the ground is solidly frozen. Motion to approve with bond as requested was passed.
The Commission elected Suzy Bates to membership in the Regional Planning Commission. and John Miller was elected as alternate.
ZEO report: Officer Mike Ajello submitted his report in a new format which was widely applauded by the Commission.
Erection of storage buildings without permits was a recurring theme. Commission members discussed the possibility of charging a penalty fee when people do not get permits in advance, but did not reach agreement. Apparently, most people get permits when told they are needed. Many felt the paperwork associated with penalties would be a high price to pay to deal with the few who refuse. Chair suggested bringing the subject up again if there appear to be significant problems.
Notice of Violation was sent to a homeowner based on a complaint about keeping unregistered motor vehicles and erecting sheds without permits. The mailed notice was not deliverable and a letter was left at the house. The Commission decided to allow another month for response. Meanwhile, The Zoning Enforcement Officer was asked to check with the selectmen on their receptivity to an ordinance dealing with unregistered motor vehicles. They acknowledged it may be necessary to contact the town attorney for advice in this matter.
Complaints have been received about the operation of stone crushing equipment on property at 205 Cornwall Road. The Zoning Enforcement Officer visited the property, saw two very large pieces of equipment, used to break and crush stone and noticed some piles of stone. The owner indicated that he operates the equipment infrequently. The Commission agreed to send a notice of violation.
The process for dealing with such violations is so send a Notice of Violation, followed by an Enforcement Order. A “show cause” hearing follows within 10 days and then the Commission can vote to continue or not continue action against the property owner. If they agree to go forward, they turn to the attorney.
Owners of lots 55 and 57 on Anita Way have purchased lot 56 which lies between them. They want to redraw the boundaries of lots 55 and 57 so that each takes part of lot 56. This makes each of the two existing lots become conforming lots and eliminates a problem lot. However, the town zoning laws do not directly address line revisions. The Commission suggested they file a joint application for subdivision and each pay $100. This way they will clear up any confusion about setbacks in the future.
ZEO submitted an outline on the subject of accessory structures. Which small buildings require zoning permits has been a long-standing issue. The Commission agreed to study his outline and discuss its merits at the February meeting. Later in the meeting this issue was the subject of discussion about how to handle the application process when a homeowner wants to move small buildings like storage sheds, chicken coops and the like around the property. Must she apply for a permit each time she moves them? And what happens if a building on the property was in existence before zoning laws were written? Can it be moved without a permit? It was not at all clear how the current rules apply to such situations.
First Selectman, Jack Travers joined the Commission to discuss the strengthening of subdivision rules to require roads to be built to town specifications before houses are built. This would be in support of town ordinances on roads. Some surrounding towns require subdivision developers to complete road construction to town specifications prior to construction, allowing only the top layer of asphalt to be omitted. A bond is paid to cover the installation of the top layer when construction is complete. The town then accepts the road before houses are built. At present, houses can be built before the road is complete and accepted by the town. If the developer fails to complete, homeowners are left without town services on their road. Mr. Travers indicated he felt taxpayers should not be inconvenienced by a developer that fails to perform. Commission members agreed to study this issue further when more research is available.