MINUTES OF A REGULAR MEETING OF THE CORNWALL

PLANNING AND ZONING COMMISSION HELD ON MARCH 14, 2006.

A Regular Meeting of the Cornwall Planning and Zoning Commission was held at 7:30 pm on Tuesday, March 17, 2006, in the Cornwall Town Hall. Present were: Chairman Anne Kosciusko, presiding; members Lynn Cheney, David Colbert, Patrick Hare, Chris Hopkins (until 8:55pm), Richard Lynn and alternate, James LaPorta. Land Use Administrator Karl Nilsen and Land Use Clerk Vera Dinneen were also present. Jim was designated to vote.

REGULAR MEETING

The Minutes of the Regular Meeting of February 14, 2006 were unanimously approved with the following amendments:

Dave Colbert clarified that the Commission agreed that they still want to do a buildout analysis and that they would advertise in the Waterbury Republican only for a request for qualifications, samples of work and references.

The first sentence in the section regarding Open Space Guidelines should include “or pay a 10% fee of open space”.

Being away was not main reason that Dave was upset about the revision to the guidelines. The minutes should say that “in his opinion, the Commission did not allow sufficient time for a thorough discussion of the revision of this important policy and that he was also upset that he was away for those eight days and was unable to give his input.”

Jim pointed out that it is a percentage not a set fee and that the percentage automatically takes into consideration the land values.

Rick Lynn will get the new statutes regarding town plans to Vera for copying and distribution to members.

APPLICATIONS FOR ZONING PERMITS

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

It was unanimously voted to change the order of the agenda, putting New Business after the first item in Old Business.

OLD BUSINESS

Resubdivision William Paley, Poughkeepsie Road

To subdivide 10.354 acres into two lots

Karl drew the members’ attention to the two letters dated October 5, 2005 and November 17, 2004 from Attorney Tom Byrne. Karl stated that they should set a public hearing for two separate items –

the resubdivision and the special permit for a private street. They are intertwined. It was unanimously voted to set the public hearing for the April 11^th meeting. Rick clarified that the landowner to the north would not allow an easement. Rick asked if the Commission should require an easement in case the Town wants to make a public road. Karl referred to Atty. Byrnes’ letter regarding changing the regulations.

NEW BUSINESS

Special Permit William Paley, Poughkeepsie Road

#195 To create a private street

The public hearing was set for April 11, 2006.

Preliminary Discussion First Selectman Gordon Ridgway

Cornwall Real Estate

Gordon Ridgway informed the Commission that the Town Meeting for the Lorch Farm purchase was set for Friday, March 31^st. Discussion of eliminating the position of a P&Z member on the Wetlands Agency will be held at the May Town Meeting, as well as the adoption of an official town road map.

The town was sent a memorandum from a real estate brokerage company in New Haven. There are 300 acres straddling the northwest corner of Cornwall (200 acres) and the southwest corner of Falls Village (100 acres). The property abuts the Housatonic State Forest and is on both sides of River Road. The asking price is $25,000 per acre, which equals approximately $7.8 million. It is for sale for high end development. River Road is long and narrow and the town is not looking to improve it now. Gordon has passed the proposal on to Phil Hart for the River Commission. The property has also been offered to the State. The real estate company would like to work with the towns before preparing to develop the property. Pat Hare stated that the development rights could be transferred. Gordon explained that the town is looking at a conservation option and he will show the proposal to the Land Trust and the Housing Corp. P & Z members are welcome to walk the property.

Gordon and Bernice Merz have been discussing 40 acres that she owns in Cornwall Bridge, with frontage on Route 7 and Dark Entry Road. The property is in both the R-5 and the GB zones. They are discussing splitting the property, possibly selling some to adjacent land owners and reserving some for affordable housing. The town is well below the affordable housing requirement. Funds may be raised privately.

OLD BUSINESS (continued)

Town Plan Update

Gordon reminded members about two upcoming workshops, one on Town Plans and the other about impact on development. Greg Overton, of the Nature Conservancy Northwest Highlands Project asked Gordon where the Commission was on their Town Plan process. The Conservancy has money to help town assess impact and will pay for GIS mapping and buildout analysis. Karl suggested having a

subcommittee to look into it. Rick expressed concern about how quickly the buildout analysis could be done, so that it could be used for the town Plan update. The subcommittee will consist of David, Pat, Rick and Jim. They will look into a time frame, cost, the Commission’s involvement and the Conservancy ‘s involvement. Gordon will set up a meeting with the subcommittee and Mr. Overton. David Grossman will do an updated Cornwall in Context and Gordon told him that he could be on the April P&Z agenda. Lynn said that she would like age demographics included in the new version of Cornwall in Context.

Members have read the current Town Plan. Lynn stated that it was a good plan. Pat stated that there are six areas that need attention: 1. West Cornwall; 2. Parts of the existing plan that have not been worked on. 3. How to address developers and affordable housing; 4. Economic growth; 5.The Route 4 &Route 7 intersection; 6. Setting priorities and listing issues to fill in holes in the old plan. Lynn said that the Commission should evaluate the old plan and look for a change in priorities. Rick stated that the Commission should get the buildout, Cornwall in Context, GIS maps, read the old plan and do a community wide survey, then start composing questions, get community input and set a list of priorities. Chris said that the community should be encouraged to read the old plan also. Dave said that members should look at other plans like the ones by Planimetrics and come to an agreement about what they would like to end up with as a final plan and figure out how to arrive at that. Annie stated that the Commission is now gathering information and deciding whether to work with the existing plan or do a new one. She would like to wait on making a decision until all the information is in. Jim would like to see the difference between the 1987 and the 1996 plans and would rather spend energy getting the Town Plan to work. Dave stated that he didn’t see anything in the old plan about affordable housing. Pat said that the Commission should get community input through the website, it worked well with input from the forum.

Pat distributed a draft outline of a proposed seminar to be sponsored by the Cornwall P&Z entitled “Town Purchases of Land or Development Rights as a Planning Strategy” involving Senator Andrew Roraback and elected officials from Trumbull, CT, Norwell, MA, Cornwall CT, and Red Hook, N.Y.. The seminar is tentatively set for June 25, 2006, with the 18^th as an alternate date. Gordon stated that the State is a purchaser of large property development rights in Cornwall and should also be involved, he will contact them. Rick stated that the Trust for Public Land will hold land until a town raises the funds to purchase it and suggested that they should also be invited. Pat said that he was not sure how to fit all of them into the program, however not all have confirmed that they will come.

GIS Maps

Rick has spoken with Ginny Potter about a map display sponsored by the Historical Society. They would like to include zoning and GIS maps. Emily and Chris need to finish theirs. The aerial map is not yet finished. Maps should be on display at a forum in June or July for members to discuss with the community. Each members should “adopt a map” to explain. Pat suggested giving the community a way to write comments on or near each map. Annie stated that the Commission should hold off on the buildout analysis request for qualifications until meeting with Greg Overton.

Sign Enforcement

No news on this item, the signs are down.

Karl announced a procedural change in evaluation of plans of subdivisions, etc. He would like to see the developer pay a fee to the town engineer and planning consultant and meet with them and Karl prior to presenting the plans to the Commission. This would not apply to one or two lot subdivisions, unless it has a set of peculiarities which send up red flags. No action would be taken until the fee is paid. Karl stated that developers like the process because all technical discussion is taken care of. Applicants will need to meet with the consultants if they meet a certain criteria. Jim said that they should require it for all applications and waive the easier ones. Rick added that all applicants should be told that they will likely need to pay a consultant fee. Karl will compose a draft of guidelines.

Open Space Guidelines

Annie wants to address the open space guidelines during the town plan process. Lynn agreed. Dave stated that the old guidelines, supported by state statute, do more for open space preservation than the new ones. People not in a position to subdivide would be more likely to be for a larger percentage. People in a position to subdivide would be for a lower percentage. The old guidelines were adopted with a greater degree of consideration. Dave made a motion to go back to the old guidelines, but wait to vote on it at the April meeting. If that motion fails, he will make a motion to change the guidelines to require 5% fee for everyone. Karl and Annie stated that he should make the motion at the next meeting. There will be three options: the current guidelines, the original and an alternative, which Dave will get to Vera for copying and distribution. Lynn asked if a property owner gets a tax break for the 15% of their property that is set aside, because they are giving up their development rights for that portion of the property. Karl answered no, because a third party is involved to take responsibility. Pat stated that the way it is written, the town gets little chunks of land. Gordon stated that the town has been more successful in open space and less successful in housing. Members explained that they understood Dave’s feelings, but they need public input. Pat suggested a public forum. Annie said that she wants the public behind it and increase it slowly. Jim stated that it only negatively affects people who want to subdivide.

COMMUNICATIONS

Workshops

Lynn announced that the Economic Development Workshop was cancelled.

Several members are going to other workshops.

Dave reported that a subcommittee has been reviewing the process for applying for a permit. They have come up with a possible way of improving it. There would be more handouts, a different set for each type of permit. It will be helpful because Vera will only be in the office through June. Annie will help Dave with the finalizing.

A letter from Attorney Tom Byrne regarding Berkshire Country Store was briefly discussed. It stated that the owners could remove the tables, apply to change their permit or go to court.

ADJOURNMENT

The meeting was adjourned at 10:20pm.

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.