P&Z Requires Special Permit Application for Town Farm Project

Eye on Town Government

by Susan MacEachron

The Planning & Zoning Commission (P&Z) agenda on Sept. 14 included two new public hearings and a continuation of the public hearing for the proposed Haystack Woods development. 

First on the docket was an application for ground-mounted solar panels at Ginger Creek Nursery.  A neighbor had sent a letter to P&Z expressing concern about the appearance and upkeep of the panels and requested that plantings sufficient to shield the view be required.  P&Z determined that a site visit would be useful and scheduled one for Oct. 1.

The next public hearing concerned a home enterprise business to produce baked goods for sale.  The applicant, Kelly Groover, described her plan, and in response to questions from P&Z members, said she would purchase supplies herself, i.e. no business-related delivery trucks coming to her house, and she would deliver all orders.  A letter from a neighbor expressed support for the plan.  P&Z approved the application subject to the condition that Groover could not sell goods to customers directly from her home. 

P&Z wrestled with the issues presented by the town’s special permit application to use the town “farm”, a town-owned property that includes the transfer station, for processing material from the work being done by the Aquarion Water Co. on Route 272.  The application was determined to be incomplete and it was suggested that it should not be accepted, but P&Z counsel Michael Zizka advised that under state statutes the application must be accepted.  Although he had submitted the application, First Selectman Matt Riiska made it clear he felt the use was grandfathered and the town should not be required to apply for a special permit. 

Riiska asked commission members to comment, and P&Z member West Lowe said he felt a special permit was required because the scale of the operation was a significant expansion of the use of the property and it involved work being done by private companies, not town employees.  Lowe said, “it’s exactly what the town needs and we’re very lucky to have the space, but I do believe the town needs to step up and set the example for the rest of the community and file for a special permit, to go through the hoops and get it done.”  He also noted that it appeared a wetlands permit would be required. 

P&Z set a public hearing for its November meeting to allow time for the application to be completed.  

Next on the agenda was a continuation of the public hearing for the proposed town road to access the proposed Haystack Woods affordable housing development.  Kate Johnson, president of the Foundation for Norfolk Living, introduced the foundation’s counsel, Chris Smith, and advisors Ken Hrica, an engineer and licensed land surveyor, and Martin Connor, a town planner.

Commissioners discussed whether they should require a bond to be posted to ensure the promised work would be completed.  Glen Chalder, an advisor to P&Z, noted that the typical reason for requiring a bond to be posted is to guarantee the completion of a road to protect buyers of lots in a proposed development.  In this circumstance, the foundation is responsible for completing the road and they will be the owners of the property to be developed.  Therefore, Chalder said he didn’t see the need for a bond.  It was also noted that a town meeting will be required to accept the road and that would not occur until the road was complete.  

The public hearing was closed at 9:55 p.m.  The commissioners decided to continue deliberations at their next meeting scheduled for Oct. 12.

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