MINUTES OF A REGULAR MEETING OF THE CORNWALL 

                        PLANNING AND ZONING COMMISSION HELD ON JUNE 14, 2005.

 

A Regular Meeting of the Cornwall Planning and Zoning Commission was held at 7:30 pm on Tuesday, June 14, 2005, in the Cornwall Town Hall.  Present were: Chairman Richard Lynn, presiding; members David Colbert, Patrick Hare, Heidi Kearns, Anne Kosciusko and Doc Simont; alternates James LaPorta and Emilie Pryor. Land Use Administrator Karl Nilsen and Land Use Clerk Vera Dinneen were also present. Jim LaPorta was designated to vote for an absent member at the outset of the meeting.  

 

R E G U L A R     M E E T I N G

 

The Minutes of the Regular Meeting of May 10, 2005 were approved with the addition of the following sentence to the Sandwich Board Sign section: ÒDavid Colbert also suggested that the Commission should first establish whether it felt that the current sign regulations are inadequate.Ó

 

APPLICATIONS FOR ZONING PERMITS

 

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

 

OLD BUSINESS

 

Subdivision                 Cheryl Evans, Cornwall Hollow Road

To divide 109.765 acres into two lots

 

Cheryl Evans presented the application. She plans to leave the original house on a parcel of land. There has already been a first cut from the property. Rick Lynn explained that the application does not meet the criteria for a subdivision because of the conservation and agricultural use restriction on Lot B. It was unanimously voted to approve the proposal as a division of land with the following conditions:

 

1.     A mylar of the map shall be filed on the land records.

2.     The word ÒsubdivisionÓ shall be removed from the map and replaced with ÒDivision of LandÓ.

3.     Lot B shall be labeled ÒNot an approved building lot. To be reserved for agricultural and conservation purposes.

4.     To request that the assessorÕs field card for Lot B be marked ÒNot an approved building lotÓ

 

Commission                Sandwich Board Signs

 

Rick Lynn explained that he would allow the public to speak on this issue before the Commission began discussion. A letter from Ron Hummel was included in the agenda packet which was mailed to members. The Clerk distributed letters from Bill Nimkin and Judy Herkimer which were received after

the packets were mailed. Time was provided at the meeting for Commission members to read these letters. Ron Hummel stated that he polled 19 members of the community and he found that there was no support for the current practices of not enforcing the sign regulations. There were objections to

sandwich board signs (especially the Marlboro sign), lighted Coke machines and the Northwest Hardware sign.

 

 

Mr. Hummel recommended that the Commission pursue more rigorous enforcement of the sign regulations along with more education and community participation.  

 

Hendon Chubb reported that there has been a large sign on Route 7 that he complained about several months ago. Karl explained that he had left a message for Mr. Chubb stating that Òfor saleÓ signs are a permitted use and the sign is in compliance. Walter Malone, who recently moved to Cornwall, stated that the Cornwall sign regulations are the best that he has seen. He feels that the sandwich board signs should be allowed in business zones only. Rick explained that the current regulations do not allow sandwich board signs. He asked the Commission to consider three alternatives:

1.     Request Karl to document and issue a notice of violation and ask for the removal of the sandwich board signs.

2.     Adopt a regulation to make some provision for sandwich board signs in a business zone with a controlled use.

3.     Establish a review committee to study the issue in more detail.

 

Emilie asked about other types of signs that are not in compliance and Rick explained that the Commission is starting with sandwich board signs and will discuss other types at a later date.

 

Rick has spoken with Mr. Novak at the District 4 CONN DOT office in Thomaston who told him that signs are never allowed for businesses in the State right of way. An encroachment permit is necessary. There is a shortage of staff, but if a complaint is received, they will try to enforce it.

 

Rick polled Commission members about which alternative they would choose. The consensus was that the signs should be removed now and the issue should be studied in more detail. Emilie Pryor said that the information could be put on a permanent sign which is allowed and that sandwich board signs should be allowed for temporary events (sales, etc.) only. Heidi Kearns suggested compiling sandwich board regulations from other towns. Dave Colbert stated that if we adopt a regulation, it should be enforced. Jim LaPorta stated that the width of the highway right of way could be different on opposite sides of the street, making a regulation difficult to enforce.

 

Karl explained that only the height, size and location of signs can be regulated according to State Statute.  There are 6-7 sandwich board sign violators. Karl offered to take photos of the signs, have Vera look up the owners of the property and send a voluntary letter of compliance. If the business does not comply, then a notice of violation would be sent. If still not removed, then court action would be necessary.

 

Pat Hare expressed concern that enforcement will take a lot of time and controversy and that it is not worth the aggravation for only 6-7 signs. Annie suggested that someone should speak to the business owners before sending letters. Karl listed the businesses in violation and members volunteered to speak to the owners and report to Vera in a couple of weeks. Members should mention that the Commission is willing to consider a draft regulation change to allow sandwich board signs, but that the owners should write to the Commission requesting a change and remove the signs in the meantime. It was agreed to add this item to next monthÕs agenda.

 

 

 

 

 

Commission                Village District Regulations

 

The concept of Village District regulations was briefly discussed. It was noted that Village District regulations would require the review of architectural designs, lighting, etc. for proposals in the District. It was the consensus of members to postpone discussion of this issue until the July meeting.

 

Commission                Land Use Forum

 

Rick announced that the tentative date for the Selectmen sponsored forum is July 15th. He asked members for suggestions of topics to discuss and encouraged them to attend. Another forum could be held in the fall.

 

NEW BUSINESS     

 

Subdivision                 Laurel Galloway, South Road (William Treem & Laurie Racine, Applicants)

                                    To subdivide 12.844 acres into two lots

 

The application was received on Friday and Vera distributed copies to members. Dave Wilson briefly explained that the subdivision would not be necessary if the accessory apartment regulation had not been changed. The owner had originally planned to make the existing dwelling into an accessory apartment and construct a larger dwelling as the main residence. Now the existing dwelling is too large to meet the requirement for an accessory apartment. A boundary line adjustment was done to give the applicant enough land for two lots. The lots are completely open, so open space is a problem. Rick suggested considering fee in lieu of open space. The application will be discussed further at the July 12th meeting to allow time for members and Karl to review it. No action was taken.

 

COMMUNICATIONS

 

Rick showed members a copy of the results of the Town of GoshenÕs first step in drafting a new town plan.

 

Rick reported that HVAÕs estimate to do a build-out analysis is $1,250. He gave Vera office copies of a draft map of parcel boundaries. Emilie received a copy for locating archaeological, historical and architectural resources. Dave volunteered to locate recreational resources and municipal recreational facilities. Doc Simont will locate active farms, 490 farms and farms who have sold development rights to the State.

 

Karl reported that the Berkshire Country Store table issue was never resolved. Rick  recused himself from the discussion. Karl suggested resending AnnieÕs letter, marking it Òsecond noticeÓ, and it was the consensus of the Commission to proceed in this way.  

 

Karl also explained his reasons for issuing a permit to Northwest Lumber for the internally lit canopy at the paint store. He reminded members that he can only enforce height, size and location. The canopy is a structure and only the wording can be considered a sign. The wording on the canopy is less than the pre-existing sign that was painted on the building.

 

 

 

ADJOURNMENT

 

The meeting was adjourned at 9:40pm.

                       

                                                                        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.