Planning and Zoning Notes March 9
Planning and Zoning Notes
March 9, 2004
The March 9 meeting of the Planning and Zoning Commission tackled a long agenda. They began by tabling an application for timber harvest on behalf of Jack and Ellen Baron of Kent Road.
Violations: Action on two violations of zoning rules was reviewed. The owner of property at 159 Cornwall Road has not responded to the Commission’s letter and unregistered vehicles remain on site. Members who attend an upcoming seminar on land use will seek advice on options for enforcement. The owner of property at 205 Cornwall Road has not responded and the rock-crushing equipment remains on site. There have been no reports of noise or operation of the equipment, however.
Accessory Structures: The Commission continued its ongoing discussion of the regulation of accessory structures. This time they had a draft of an outline before them. Most agreed that some sort of standard or policy needs to be set to assure consistency in the application of zoning rules to such structures. The draft outline divides structures into three categories:
(1) Roadside, accessory buildings
(2) ornamental structures and additions
(3) mechanical structures and enclosures
It sets out types of structures that can be built without zoning permit such as mailboxes and fences under 6 feet high and those that might be permitted closer to roads. It was noted that usual setback lines such as bus shelters may need to be closer to property lines to allow for placement at the end of driveways. Detailed discussion of the outline is planned for the April meeting.
Subdivision Roads: The Commission had scheduled discussion of new subdivision regulation to address private roads. Jack Travers, First Selectman, said is still discussing the language with the attorney and was not ready to make a presentation. This discussion was postponed to the April meeting.
Dock Regulations: Tom McGowan representing the Lake Waramaug Authority spoke to the Commission about potential regulations addressing docks. He thanked the Commission for adopting regulations protecting the lake and told them that Washington has adopted similar rules. Washington went farther in dealing with docks and came up with new rules which he provided to the commission in a one page summary. (The new Washington regulations can be found at www.washingtonct.org ). He encouraged Warren to adopt “more robust” regulations than now exist, even if not identical to Washington. Chairman Wayne Wilson indicated a desire to review the Washington regulations in their entirety and further discussion was tabled to the April meeting.
Fence regulations near the lake: McGowan said that the Lake Waramaug Association would like to see some regulation of privacy fences which are beginning to restrict the views around the lake and obstructing views of traffic, causing shadows leading to ice patches, etc. This, too, was tabled for further research and discussion.
Budget Review: the Commission decided to request the same budget as last year, since expenditures have been under good control.
Recent subdivision ruling: a member provided noted a recent ruling on the application of zoning regulations to subdivision lots. It held that subdivision lots are governed by the regulations in effect at the time the subdivision was created and not by subsequent enactments. State law changes have been considered by provide some limits on this court ruling.
Accessory Apartments: Selectman Travers introduced the topic. The current size of accessory apartments (like mother-in-law apartments) of 600 square feet is quite small for today’s life styles and handicapped accessibility sometimes drives size requirements up. Currently one accessory apartment is allowed. It can be separate from the main house and must be on a minimum 2 acre lot. A change to 900 square feet was suggested.
February ZEO report: Permits were issued to: Richard & Sally Doyle at 164 Town Hill Road for a stand by generator and out door wood furnace; Maureen Morrill for a house with garage on Lot 9A at 34 Sheehan road. The commission noted that Sheehan Road is a private road and not maintained by the town.
March ZEO report: Permits were issued to: Daniel Lago 34 Kent Road for a storage shed; David Gereg & Shannon Strong, 61 Valley Road for a house and barn; Thomas Schoeller, 77 Couch Road for a three season room and porch and Ralf & Patty Hasemann 366 Brick School Road for a house and barn.
ZEO report on new and ongoing issues: Mike Ajello, ZEO reported that people are asking him to supply letters to banks indicating that a lot is fully buildable. The Commission instructed him to tell them that they need to apply for permits and secure approval in the usual way. People looking to join two lots in a subdivision are balking at the $200 filing fee to modify a subdivision. Several members suggested changing the process or at least lowering the fee.
