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| Board of Selectmen's Minutes - September 7, 2006 (Public Hearing) Public Hearing
September 7, 2006
Present: First Selectman Woody Bliss; Selectman W. Glenn Major; Selectman Richard Miller; Town Administrator; Tom Landry; Administrative Assistant Judy DeVito, Donald Gary and the press.
This meeting was recorded and the tape is available in the Selectmen’s office.
Mr. Bliss called the meeting to order at 7:02 pm.
Mr. Bliss said that Mr. Major had recused himself from the public hearing.
Judy DeVito read the call of the meeting.
“The Weston Board of Selectmen will hold a public hearing on Thursday, September 7, 2006 at 7pm in the Meeting Room at Town Hall, 56 Norfield Road. The purpose of the hearing is to receive public comment regarding a Planning and Zoning Commission condition included in a subdivision approval. This condition requires that the emergency access at the end of Hemlock Road, connecting to Martin Road, be widened from a 13 feet travel path to 20 feet. Written comment may also be submitted to the Selectmen’s office at the above address.”
Don Gary said a proposal that was brought before the Selectmen about four months ago had the extension of Hemlock Ridge Road come onto what was formally the emergency accessway. For about 100 feet it is 13 feet wide and then increases to a 20 feet width and then decreases to 13 feet width and after the Powell driveway it goes back to 20 feet and continues thereafter at 20 feet. Mr. Gary said this proposal had been brought to the Selectmen because after discussion with the Selectmen and the neighbors it was a compromise to not have the road look like it was a thoroughfare.
At the time that was presented Mr. Saltzman from Planning & Zoning objected on the grounds that it was not according to the requirements of the roads in town and subsequent to that when the sub-division was approved part of the approval was a condition that read that the road that leads to the sub-division needs to be a full 20 feet wide. That is on map 3693B.
He said he has come back with what Planning &Zoning has requested which is a 20 foot travel way the entire length of the extension of Hemlock Ridge and the extension of Martin Road and down to the accessway that comes off of that. He is perfectly willing to build it either way. He is looking for a decision as to which way is acceptable to the Town.
Patricia Heifetz, President of the League of Women Voters of Weston and said they support the Town Plan Development which makes this a Planning & Zoning matter and had nothing to do with the Selectmen and are concerned as to why the Selectmen are involved in a decision that has been made by Planning & Zoning.
She said she personally recalls that people of the Town have had access and have used the river where Stage Coach Road comes down across the river and crosses the river and there is a lovely beach area that the Town has used for many years. She said you can not get down there now because there is a huge knoll put up because the land has been dug away. She said that the Board would have nothing but litigation if they go against the Planning & Zoning Commission, against the Volunteer Fire Department and against the EMS so she asks the Board to leave this matter in Planning & Zoning where it belongs.
Sunil Ippagunta said he supports making the accessway 20 feet. He said it would make it easier to travel to the house. He objected to Mrs. Heifetz saying the Town of Weston owns that beach because there is no beach.
Stew Tobin said recently went over to the property and he does not understand how one house let alone three houses could be built on the property. He asked if there was any precedent of expanding an emergency road for private use such as this in Town. Martin Road is a public way but it gets closed in the winter time and we as a Town are taking state monies for that road and it should never be closed. He also said that this is a Planning & Zoning decision and he thinks that is where it belongs.
Paul Heifetz said he was a member of the Planning & Zoning Commission and wants to make it clear that the reason for the condition was based solely on a safety factor. He asked what legal right did the Selectmen have to overturn a condition of the Planning & Zoning Commission. If a decision made by Planning & Zoning Commission can be arbitrarily overturned because of a political issue or to satisfy other people you will have a terrible situation in the Town.
Don Saltzman, Chairman of the Planning & Zoning Commission, said their charge is to administer the Zoning and Sub-division regulations and protect the health, safety and welfare of the community and Town by very minute specifications. He said the fact that Martin Road is seasonally closed for safety conditions turns the connector piece into a neighborhood lane because a neighborhood lane is devised as the end of a roadway.
The neighborhood lane specifications in the Planning & Zoning Sub-division regulations call for a 40 foot strip of land which the Town owns. It calls for a 20 foot travel path the roadway over that particular 40 foot right of way. Mr. Saltzman said to answer Mr. Tobin’s concern about why are you here. The administering of Town property is the responsibility of the Selectmen. Planning & Zoning control Sub-division and Zoning regulations. In this case it is an established travel path that has been owned by the town, the maintenance and control of the travel path is the Town’s responsibility through the highway department and so in this instance the proposal that Mr. Gary made to appease the neighbors was valid for their comfort and safety. However it did not meet the regulations. When Mr. Gary got approval for his sub-division lot, Planning &Zoning was almost compelled to put in the 20 foot travel path as a safety issue. Mr. Saltzman said he recommends that the Selectmen vote to approve his request to improve the Hemlock Ridge extension piece to 20 feet for the plans he submitted.
There being no other person wishing to speak, at 7:18pm Mr. Bliss declared the hearing closed.
Respectfully Submitted
Judy DeVito
Administrative Assistant
Approved 9/21/06
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