Planning and Zoning Commission Meeting
April 13, 2004
At the April 13 Planning and Zoning meeting an application of Ellen and Jack Baron of Kent Road for a timber harvest was approved pending state DOT sign off and fee.
Kurt Fabishe received approval for construction of a dwelling on, Lot #52, subdivision lot #47 on Anita Way. This is a nonconforming lot because the access strip is only 25 feet and the usual allowance is for 50 feet. It was developed in 1972 and the available may was 1982. The Commission reviewed a 1982 map showing a house with an abutting 25 foot driveway was approved last year. The commission determined that the 1982 map showed the drive had been approved for the building lot.
The Commission reviewed a request by Douglas Schloss of 186 Flat Rock Road to construct an accessory building on property without a primary building, This property adjoins his land with a house in Cornwall. The Commission judged the regulations to say that if the house is on a contiguous lot, it is permitted. However, once built, the Warren land cannot be conveyed separately because it would create a nonconforming property.
Robert Kramer spoke for Susan Summers on an application to sell wine from their property on 23 Strawberry Ridge Road. They asked for a change of use to farming so they can produce their own wine and do some retail sales from their property on a small scale, on the order of a farm stand. A building is in use as a private gallery would be converted to the farm stand. The Commission determined that the building meets square footage and setback regulations and approved the use of the building for wine sales as accessory to a farming operation.
Application for new construction on 19 Partridge road, a slightly nonconforming lot., was approved. The lot is 1.9 rather than 2 acres, making it nonconforming. However the proposed dwelling meets all setbacks and is in an approved subdivision lot.
The Commission continued its review of Washington’s recently adopted regulations for docks on Lake Waramaug. Washington allows two of the following: a regular dock, a rowing dock and a float. Docks must be capable of being removed. This means the dock has no footings and thus precludes piers. Members expressed concerns about the provision for review of applications by the Lake Waramaug Authority and suggested the authority give advisory opinions. Some questioned the wisdom of allowing only two of three options and suggested all three be permitted. They discussed possible over-development of the shoreline and interfering with navigation. They noted the need to prohibit carcinogenic materials such as pressure treated woods and discussed whether building official regulates docks.
While the Commission reached no decision on adoption of regulations by Warren, they agreed that definitions of terms will be needed and agreed to review those in the Washington regulations. They asked representatives of the Lake Waramaug authority to find out whether the authority needs 35 days to review applications and what length of time would be needed to review for safety only. Further discussion was tabled to the next meeting.
The Commission then undertook a discussion of fences near the lake. The Zoning Enforcement Officer offered that a 4 foot fence still obscures the lake from the viewer in a car, but a 3 foot 6 inch high fence would not.
The Chairman, Wayne Wilson, asked what statute allows a zoning commission to regulate scenic vistas. He noted that views are being blocked by vegetation and landscaping. Current Warren regulation of fencing limits height to 6 feet within the setbacks. The Commission decided it needed more information before acting and asked the Lake Waramaug Authority to provide some research on the concerns of owners at the lake. Further discussion was postponed to the next meeting.
A continuation of last month’s discussion of accessory buildings began with a review of a modified outline of provisions. Whether this outline will lead to amendment of existing regulations or guidelines for implementing current regulations is still undecided.
Members agreed that garbage/recycling boxes should be foundationless, have a maximum size (perhaps 3’ x 6’ and 4; high), not require setbacks or permits, but require adherence to highway department guidelines and inland wetland requirements. They agreed that mailboxes are adequately regulated by the postal service and that walls, fences and gates are regulated by current zoning code, noting that all roadside construction with 15 feet of the traveled portion of the road requires prior approval of the selectman and road foreman. Other roadside structures such as bus shelters and agricultural stands should require permits and should have a specified maximum size, but delayed further discussion until the ZEO can do some research on appropriate sizes.
Accessory buildings, ornamental structures and additions on foundations require zoning, health, and building permits prior to construction and may require wetland permit.
They agreed that portable accessory buildings with no foundations up to 50 square feet and 400 cubic feet should not require zoning permits, may require wetland and building permits and must be at least 5 feet from property lines. Three or more such buildings would require a zoning permit. Anything larger, even without a foundation, would require a zoning permit and code setbacks (25 ‘ sideline and 30’ road way) would be enforced.
Members discussed at length how to regulate animal enclosures, how to define them, how close to property lines they should be allowed and did not reach agreement. They discussed temporary buildings such as non residential trailers and tent-like structures and tabled discussion of the outline at that point.
Finally, the Commission discussed enforcement efforts against those in violation of existing regulations and possible alternative actions . The list of violations continues to grow and members were anxious to adopt appropriate strategies to deal with them. They agreed to contact an attorney on at least one violation.
The ZEO reported on issuing permits to: James Beckman of 296 Brick School Road for a garage; Gale Fernandez of Anita Way for a deck and detached garage; Ellen Prindle of 215 Cornwall Road for a utility shed; to Northland Custom Homes 24 Partridge Road for a front portico roof on piers and to Alfred Brown of 12 Sunset Lake Road for a screened porch and stone patio.
