River protections added to zoning regulations

CORNWALL — A revision to the town’s Housatonic River Overlay Zone regulations was approved by the Planning and Zoning Commission (P&Z) July 8. The amendment is expected to significantly increase protection for the river and open the door to better watershed management along the entire river corridor.The issue has gained attention during the more than one year P&Z spent carefully considering changes that include the addition of a 75-foot-wide buffer zone along each shoreline. Cornwall is the first town along the upper portion of the Housatonic River to establish a river overlay zone to add extra control over development within the watershed.It consists of an outer corridor and an inner corridor, each with its own restrictions. Agencies such as the Housatonic River Commission and the Northwest Hills Council of Governments reviewed the proposed change, and representatives brought the idea back to their towns.Land Use Administrator Karen Nelson said at last week’s P&Z meeting that she had already had a request from North Canaan for help with a presentation to begin the process of developing regulations there, and that there is interest from towns working on lake protection.It is not a complicated change and essentially utilizes the more precise mapping available today to determine soil types and property boundaries.The ramifications for property owners are minimal. Future requirements for development will be aimed at passive, low-cost, low-maintenance approaches such as rain gardens, switchback driveways and paths and limited impervious surfaces, such as paving and roofs.At a prior meeting, Sean Hayden, executive director of the Northwest Conservation District, made a presentation on low-impact development (LID). The idea is to use the very effective filtration of groundwater contaminants by the dense root structures of trees and shrubs.He explained that most of the contaminants in the rivers and lakes are from rain runoff. Since 92 percent of rain falls an inch or less at a time, the majority of contaminants can be easily prevented from reaching bodies of water with the LID approach.In developed areas, it might be shallow (as little as 6 inches) swales filled with plants. The runoff would accumulate there and be slowly cleansed.In the 75-foot buffer strip, the goal is to maintain or re-establish natural vegetation.Under the revised regulations, existing residences in the buffer strip can be expanded, but additions cannot be closer to the river than what is already there.Not more than 10 percent of the portion of a lot within the inner corridor can have impervious surfaces.Most new development in the inner corridor will require a storm water management plan that includes LID techniques.An attempt was made to open a public hearing in June, but it was not clear if the required legal notice had been run, as required, in the daily newspaper to which it was submitted. The hearing was rescheduled, but since an interested public was in attendance, there was a presentation and questions asked of consultant Tom McGowan.There was no public attendance in July. Based on that and previous public comments made in favor of the amendment, P&Z members were confident there were no objections by the public. The change was unanimously approved, followed by applause that is normally unheard of when it comes to zoning.The amendment goes into effect Aug. 1.