Eye on Town Government

By Susan MacEachron

Plans to create a dog park in Norfolk were presented to the Planning & Zoning Commission (P&Z) at its meeting on Jan. 9. Joel Howard, president of the Friends of the Norfolk Community Dog Park, said the proposed location would be on Westside Road about 500 feet south of its intersection with Mountain Road. He noted that numerous sites in town had been considered.

Howard said the plan is to lease, for one dollar, two acres of a 58-acre parcel owned by Coleen Hellerman. Approximately one acre will be fenced. In response to a question, he said that the fencing will be five feet high and coated in black vinyl. A small off-road parking area will also be created. Howard said a board of 11 directors for the dog park organization has been formed and that money is being raised to fund the costs of creating the park. The Norfolk Community Association is acting as the fiscal sponsor of the organization while it awaits approval of its nonprofit status from the Internal Revenue Service. 

A P&Z commissioner inquired as to who would be responsible for maintaining the park and whether the town would have any potential liability. Howard stated that the organization would assume full responsibility for park maintenance and that they are in the process of obtaining liability insurance.

The group’s application for a special permit for a recreational facility was accepted and a public hearing scheduled for the Feb. 14 P&Z meeting, during which community members can comment on the proposal. The commission will then vote on the special permit request.

P&Z next discussed whether the proposal to build a detached addition of 340 square feet at 64 Inner Rd., including a bathroom and heat, but no kitchen, required a special permit. It was stated that the Inland Wetlands Agency and Torrington Area Health had approved the structure. P&Z determined that under the town’s regulations a special permit would be required.

Town regulations also require a special permit for any alteration of the exterior of a building in the Village District. The exterior windows of 24 Greenwoods Road West were removed over two years ago, and owner Ben Shiff has declined to apply for a permit. P&Z directed Zoning Enforcement Officer Michael Halloran to file a violation citation. A town ordinance adopted in 2017 requires that a hearing officer adjudicate if a resident appeals a violation citation. Halloran reported that attorney Peter Ebersol has been engaged to serve as a hearing officer for the town, if needed.

Halloran then reported on a December inspection of 105 Greenwoods Road East conducted by Norfolk Fire Marshal Keith Byrne, accompanied by Building Inspector Jim Clarke and Halloran. The inspection revealed that the owner was renting apartments that had been constructed within the building without any permits. Burns determined that fire safety concerns rendered the apartments illegal and issued a written violation and enforcement order. The owners had contended that they were renting out rooms in an owner-occupied dwelling as permitted under town regulations. However, Halloran determined that Norfolk was not their primary residence, and they did not qualify as owner-occupied. The owners appealed this position to the Zoning Board of Appeals, which on Jan. 12 upheld Halloran’s decision.

At its meeting on Dec. 13, P&Z discussed a request from architect Kate Johnson, representing the owners of 94 Laurel Way, to finish the upstairs of a garage/barn. The request to add a bathroom, heat, refrigerator, sink, dishwasher and microwave raised the question of whether the building would now constitute an accessory apartment. The property currently has an accessory apartment, and town regulations allow only one per residence. Johnson said the dishwasher and microwave could be eliminated from the plan. P&Z discussed what defines an accessory apartment and determined that a stove was a critical element. P&Z decided that the owners should provide a written statement stating that no stove would be installed.