MINUTES OF A REGULAR MEETING OF THE CORNWALL

PLANNING AND ZONING COMMISSION HELD ON DECEMBER 13, 2005.

A Regular Meeting of the Cornwall Planning and Zoning Commission was held at 7:30 pm on Tuesday, December 13, 2005, in the Cornwall Town Hall. Present were: members Lynn Cheney, David Colbert, Patrick Hare (at 7:35), Chris Hopkins, Anne Kosciusko (at 8:12), Richard Lynn and alternates, James LaPorta and Emilie Pryor.

The meeting was called to order by Rick Lynn at 7:35pm.

Rick Lynn was unanimously voted Acting Chairman.

Election of Officers

All members agreed to move the election to the end of the agenda.

Jim LaPorta was designated to vote for Anne Kosciusko until she arrived.

R E G U L A R M E E T I N G

The Minutes of the Special Meeting of November 15, 2005 were approved as circulated.

APPLICATIONS FOR ZONING PERMITS

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

OLD BUSINESS

Subdivision NWI, LLC, Poughkeepsie Road

To subdivide 10.354 acres into two lots

Rick read a letter of withdrawal. Karl stated that the Applicant will be coming to the January meeting for an informal discussion with the Commission before submitting a new application.

Subdivision John & Edward Warner, Todd Hill Road & Sharon Goshen Tpke.

(RMM Consulting, Applicant)

To subdivide 32.472 acres into three lots

The Public Hearing was closed at the November meeting. Rick read the following draft motion to approve:

“Motion to approve the application of John C. and Edward L. Warner – Assessor’s Map E-7, Block2, Lot #3 on Todd Hill Road, Cornwall, CT as per the oral and written testimony of the applicants and their representatives and the site plan submitted, Record Subdivision Map dated 8-26-05 revised to 11-14-05 by Brian Neff, P.E. with the following condition:

1. A fee of 5% in lieu of open space will be accepted as the open space requirement for the subdivision. The amount to be paid at the time of transfer of each lot is $4, 416.00, for a total amount of $13,250.00 for the subdivision.

The application for the three lot subdivision with the condition as listed, in accordance to the site plan provided, is approved according to the Town of Cornwall Subdivision Regulations. The Commission has determined that the intent of the Cornwall Subdivision Regulations has been met. As part of the approval, all maps, the site development maps and the supporting maps shall be filed in the Town Clerk Office within the proper statutory time. All maps will be filed at the expense of the applicant and in compliance with the subdivision regulations of the Town of Cornwall.

Rick stated that last month members discussed two proposed conditions of approval. One was for one of the driveways to be a shared driveway for two of the lots. This would be favorable from a planning standpoint, but the Applicant’s attorney pointed out that it is not able to be required under the regulations. The second condition was an easement to protect the large trees and stone walls along Todd Hill Road. The Commission’s Attorney, Tom Byrne, informed Rick that a combination of the fee in lieu of open space and a conservation easement to protect the trees and walls would be possible. However, since the conservation easement was not discussed with the applicant before the public hearing closed, Atty. Byrne suggested the requirement of one or the other, not a combination of both. The Applicant is receptive to the fee in lieu of open space and it is the hope of members that the applicant preserves the trees and walls. Procedural issues were discussed regarding lack of discussion with the applicant and clarifying what the Commission should be looking for on the plans. Chris Hopkins and Lynn Cheney recused themselves from acting on this application and Emilie Pryor was designated to vote. The motion was moved, seconded and the vote was unanimously FOR.

Request for Filing Cheryl Evans, Cornwall Hollow Road

Extension

Karl explained that three extensions are allowed and this is the second. It was unanimously voted to grant the extension.

Planner Meetings

Rick presented a draft agenda for the Saturday, January 21, 2006 Town Plan Strategy Session from 1:00pm-5:00pm in the Town Hall. Tom McGowan, Planimetrics (Glen Chalder) and Harrall-Michalowski Associates (Richard Harrall) will each speak for an hour, with fifteen minute breaks between speakers to discuss what was said. Tom McGowan will give an overview of the process in planning Cornwall’s current town plan. Each planner will speak about alternative approaches to town plan preparation, Commission members will ask questions and there will be a question and answer period with the audience. Each planner will be paid a stipend $150 for their time. Tom McGowan is currently the Commission’s planning consultant. The town plan needs to be completed in 2008. Pat clarified that the Commission could still hire specialists in specific areas in addition to a planning consultant and facilitator. He also stated that the Commission needs to be prepared to reflect the town plan in the regulations. Emilie said that the Commission should involve the public in each step of the town plan process. Rick said that Ginny Potter is writing an article for the Chronicle. Rick agreed to draft a press release for the workshop, and Pat agreed to send it to Steve Senzer or Lazlo Gyorsok for the Cornwall Website and will send it to the Lakeville Journal and the Litchfield County Times. The Cornwall Association also needs to be notified. Anne will make posters. Members were encouraged to draft questions for each of the planners.

GIS Maps

HVA has prepared the following maps in draft form: a base parcel map, a protected open space map and a map showing development constraint. The maps will be available in the Land Use Office for members to review and mark up before they are finalized. Emilie has been working on a cultural resources map. She has met with Ginny Potter and plans to meet again with others from the Historical Society. Rick said that the Town of Morris has finalized a similar map. Doc was working on an agricultural map, which Chris Hopkins is willing to take over. All members agreed that a build-out analysis would be helpful in updating the town plan. Rick will speak to Kirk Sinclair at HVA about how long it would take and a cost estimate. Pat suggested asking Kirk to attend the January meeting. The open space map shows only public access trails. Karl stated that a separate map could be done for the fire department, rescue division, etc. which would show historic trails/roads, logging roads and other non-public accesses, at the expense of the organization requesting them.

Dave Colbert asked about sign enforcement. Rick explained that the staff has not had time to take photos of the sign violations. Dave volunteered to take the photos, but Karl declined his offer for liability reasons. Karl will have the photos for the January meeting along with a draft of a voluntary letter of compliance. Sign enforcement will be on the agenda for the January meeting.

Copies of a draft budget for 2006-2007 will be sent to members before the next meeting.

Dave asked about enforcement progress at Berkshire Country Store. Karl explained that Attorney Tom Byrne is reviewing to advice on enforcement action.

NEW BUSINESS

Appointment of P&Z Representative to the Inland Wetlands and Watercourses Agency

Doc Simont has been the representative to the Wetlands Agency for many years. Karl explained that having a member on two commissions gives the appearance of impropriety / predetermination. He has worked in two towns where this has caused a problem. He stated that it is in the town’s best interest to NOT have a cross representation. On a motion to approach the Board of Selectmen about removing the ordinance governing this appointment, the vote was unanimous.

Election of Officers

Rick explained that Doc has resigned and that he has been appointed by the Board of Selectmen to fill the vacancy. He felt that it would be best if he stepped down as an officer and would not accept a nomination. After many members attempted to change his mind about accepting, Rick nominated Anne Kosciusko as Chairman, Dave seconded the nomination, the vote was Hopkins, Lynn, Colbert, Cheney and Hare FOR and Kosciusko AGAINST. Rick turned the meeting over to Anne. Rick nominated Dave for Vice-Chairman, Emilie seconded the nomination and the vote was unanimously FOR. Rick nominated Pat Hare as Secretary, who declined. Rick nominated Chris Hopkins, who accepted, Lynn Cheney seconded the nomination and the vote was unanimous. Anne explained that she does not have the experience that Rick had as Chairman and will rely on members to help her out.

COMMUNICATIONS

Dave Colbert expressed concerns about changes that were made to the Open Space Guidelines. He explained that the Guidelines were first adopted in 2003 and changed in August 2005 with little discussion. He distributed a draft proposal of changes that he would like the Commission to consider. He asked that this item be included on an agenda soon, not necessarily in January. Anne explained that there were reasons for changing the guidelines. Pat stated that the Park and Recreation Commission and the Cornwall Conservation Trust should both play a role in the process. Park and Rec could discuss where there may be a need for new playing fields or tennis courts. CCT could tell the P&Z Commission what they are looking for when they accept a parcel of land. He suggested inviting those commissions to a meeting and forming a subcommittee. Rick suggested referring subdivisions to those organizations for review and comment. Rick, Emilie and Lynn are all members of the CCT and can represent the CCT at planning and zoning meetings. Annie stated that the organizations should not be invited to a meeting until the guidelines are ironed out. Dave agreed.

Rick stated that letters of appreciation should be sent to Doc and Heidi Kearns for their years of service to the Commission .

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ADJOURNMENT

The meeting was adjourned at 9:53

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.