MINUTES OF A REGULAR MEETING AND PUBLIC HEARING OF THE CORNWALL                    

PLANNING AND ZONING COMMISSION HELD ON AUGUST 9, 2005.

 

 

A Regular Meeting of the Cornwall Planning and Zoning Commission was held at 7:30 pm on Tuesday, August 9, 2005, in the Cornwall Town Hall. Present were: Chairman Richard Lynn, presiding; members Patrick Hare (at 7:45), Heidi Kearns, Anne Kosciusko and Doc Simont and alternate James LaPorta. Jim was designated to vote for an absent member.  The Meeting adjourned to the Public Hearing at 7:37pm and reconvened at 9:10pm.

 

PUBLIC HEARING

Subdivision                 Jennings Hill Subdivision, Laurel Galloway, South Road

(William Treem & Laurie Racine, Applicants)

                                    To subdivide 12.844 acres into two lots

 

Engineer Dave Wilson presented the application. Receipts, green cards, a list of adjacent property owners and a copy of the letter to neighbors were submitted for the record. The Inland Wetlands Agency and Torrington Area Health have given their approval. The prospective buyers (the applicants) wanted to make the existing house an accessory apartment, but the existing house does not meet the criteria for an accessory apartment. The applicants plan to construct a more substantial house for themselves. The current owner has done a boundary line adjustment to create a larger lot which could be subdivided into two lots. The lots would be 5 acres and 7.8 acres. The entire parcel is active farmland, on a ridgeline and surrounded by protected, open land. Mr. Wilson showed two areas which could be reserved for open space. The applicant is willing to offer $3,500 as a fee in lieu of open space. The property has a 999 year lease from the Yale Farm, with over 700 years left on the lease. Karl Nilsen reported that the application is complete and that open space is the only issue to be resolved. Rick Lynn read a letter from absent member Dave Colbert stating that he hopes that members request the full 15% open space or the full 10% fee in lieu of open space as has been their policy in the past. Current owner Laurel Galloway explained to members that due to the change in the accessory apartment regulations, she has had to spend a lot of time and money for the boundary line adjustment and now subdivision. She asked members to take into consideration the fact that the land is already encumbered by the Yale lease. There will no longer be an airport on the property if the subdivision is approved. Rick explained that the applicant could ask a conservation organization to hold an easement on the property. Laurel explained that the property is now manicured and she does not want to see it grown up into brush. Rick explained that the 15% of property offered serves no public purpose because it is on the edge of the road. Dave Wilson offered a ratio of 60% land and 40% fee. Karl explained that the Commission can not require the full 10% fee if only $3,500 was offered, but it can take any amount and any portion of the property (up to 15%), not only what was offered. No one spoke against the application. Pat Hare made a motion to continue the Public Hearing until the September meeting. There was no second to the motion. Doc Simont made a motion to close the Public Hearing. There was no second to the motion. Pat restated his motion. It was seconded and the vote was: Kearns, LaPorta, Hare and Lynn FOR; Simont and Kosciusko AGAINST. A tape recording was made and is a part of these Minutes.

 

 

 

 

 

 

Resubdivision             John OÕDonnell, Cogswell Road

                                    To resubdivide 134.35 acres into two lots

 

John OÕDonnell presented the application. He explained that he wishes to sell 18.8 acres to his neighbor. He now owns a total of 134 acres. The Inland Wetlands Agency has approved the feasibility of the subdivision, any activity would require another permit. The conveyance is not being done by means of a boundary line adjustment because the buyer wants the 18.8 acres to be designated as a separate building lot. No accommodation has been made for an open space set aside or fee in lieu of open space. Mr. OÕDonnell stated that he is protecting the environment by creating large parcels and that he should be treated differently because of the acreage and the wetlands involved. Doc and Pat explained to Mr. OÕDonnell that there is nothing to stop a new owner from subdividing again in the future. There is protected open space on the R. Leete Ives property (north of the proposed resubdivision). Rick asked Mr. OÕDonnell to consider an open space set aside of about 3 acres adjacent to the Ives property. The terms of a conservation easement could limit access to just the conservation organization and say that the portion of land set aside will not be built upon. He was also asked to consider access from Town Street and a buffer around the wetlands. Pat suggested going to HVA or the Cornwall Conservation Trust to see if they would accept the property. Mr. OÕDonnell stated he would have to consult with the purchaser. He offered $1,000 as a fee in lieu of open space. Karl reported that open space is the only unresolved issue, otherwise the application meets with the regulations. No one spoke against the application. It was unanimously voted to continue the Public Hearing until the September 13th meeting. Mr. OÕDonnell stated that he will be away on that date, and it was suggested that he consider finding someone to represent him or else ask for an extension. A tape recording was made and is a part of these Minutes.

 

R E G U L A R     M E E T I N G

 

The Minutes of the Regular Meeting of July 12, 2005 were approved as circulated.

 

APPLICATIONS FOR ZONING PERMITS

 

The monthly report of zoning permit activity by staff was briefly reviewed.

 

OLD BUSINESS

 

Subdivision                 Jennings Hill Subdivision, Laurel Galloway, South Road

(William Treem & Laurie Racine, Applicants)

                                    To subdivide 12.844 acres into two lots

 

The Public Hearing on this application was continued to the September 13th meeting. No action was taken.

 

Resubdivision             John OÕDonnell, Cogswell Road

                                    To resubdivide 134.35 acres into two lots

 

The Public Hearing on this application was continued to the September 13th meeting. No action was taken.

 

 

 

It was unanimously voted to change the order of the agenda to accommodate those present.

 

 

NEW BUSINESS                

 

Subdivision                 NWI, LLC, Poughkeepsie Road

                                    To subdivide 10.354 acres into two lots

 

Paul Szymanski, from Arthur Allen, presented the application. Will Paley, a partner of NWI, LLC was also present. The proposed subdivision is in an R-5 zone. The property now consists of 10.35 acres. The proposed lots will be 5.172 acres and 5.182 acres. There will be a 50Õ wide CL& P easement along the frontage of the first lot. The soil scientist retained for the current application found two intermittent streams and a wetlands application has been submitted for review at the September meeting. The location of the gravel road was approximate on the previous application, but has been field located on the current one. An easement is proposed along the first parcel to widen and construct a private street. A driveway would be constructed along the second lot. Karl explained that the Commission will be receiving a letter from Attorney Tom Byrne. The applicants stated that they will hire an appraiser and are willing to offer a fee in lieu of open space. It was unanimously voted to schedule the Public Hearing for September 13, 2005.

 

 

COMMUNICATIONS

 

Rick reported that Tom McGowan has agreed to come to the September meeting to begin discussion of procedures for the Town Plan update. Rick may reschedule until the end of September due to the fact that there are public hearings on three subdivisions at the September meeting.

 

There will be draft copies of the ÒOpen Space & Recreation ResourcesÓ and ÒParcelÓ maps available for review at the office beginning next week. Rick had samples and members all wanted copies of the open space map. Vera will call HVA and request them. Vera will keep a running list of proposed changes that members and others recommend.

 

Rick distributed potential amendments to the CommissionÕs Open Space Guidelines (not regulations). Heidi suggested that the Commission change the regulations to state only the maximum (15% or 10%) if that is what the Commission is going to require. A special meeting was scheduled for Wednesday, August 17th at 7:30pm in the Town Hall to discuss the potential changes.

 

Vera announced that she now has three office copies of the Sharon Natural Resources Inventory, which  members are welcome to borrow.

 

Vera distributed copies of a letter from Ron Hummel which arrived after the agenda packet was mailed.

 

Rick left the meeting at 9:45pm and Annie Kosciusko presided.

 

 

 

OLD BUSINESS (continued)

 

Enforcement                Berkshire Country Store

 

Walter Dethier has informed Karl that he will not remove the tables and that he will not apply for a change in his permit. Karl recommended consulting with Attorney Tom Byrne for direction. It was unanimously voted to ask Tom for guidance.

 

 

ADJOURNMENT

 

The meeting was adjourned at 10:00pm.   

                       

                                                                        Vera Dinneen, Land Use Clerk

 

 

 

 

NOTE – THESE MINUTES ARE A DRAFT.  THEY WILL BE NOTED AS FINAL ONLY AFTER THEY ARE REVIEWED AND APPROVED AS DRAFTED OR AS MODIFIED AT A SUBSEQUENT MEETING OF THE CORNWALL P&Z COMMISSION.