MINUTES OF A SPECIAL MEETING OF THE CORNWALL PLANNING AND ZONING COMMISSION HELD ON MAY 23, 2006.

A Special Meeting of the Cornwall Planning and Zoning Commission was held at 7:30 pm on Tuesday, May 23, 2006, in the Cornwall Town Hall. Present were: members Lynn Cheney, David Colbert, Patrick Hare (9:30), Anne Kosciusko, Richard Lynn, alternate James LaPorta, and Land Use Clerk Colin Gold. James LaPorta was designated to vote.

SPECIAL MEETING

Atty. Tom Byrne Member Roles and Responsibilities

Attorney Tom Byrne spoke to the Commission about member roles and responsibilities. He told the Commission that business should be discussed at a Commission meeting, particularly when in regard to zone changes and special permits, so as not to be accused of predetermination. Annie Kosciusko asked Tom how the three P&Z members who were also on the Cornwall Conservation Trust (CCT) should function. Tom replied that as long as they focused on conservation issues when at CCT meetings, and judged P&Z applications based on land use and zoning principles, then there would be no need for them to disqualify themselves. He continued; having CCT members on the P&Z is an asset, and in fact the P&Z can refer issues to any group in town in order to garner recommendations about the issue.

Annie asked Tom what the role of Commission members and the First Selectman should be when developers approach them with a proposal and are willing to negotiate as to what will be built. Tom stressed that the P&Z should not be involved in this, but the First Selectman can be, and in theory, knows the goals of P&Z and can therefore act in that role. It was deemed that the Town Planner would be a natural negotiator with developers, as he cannot vote on Commission matters, so he would not be charged with a claim of predetermination. Tom added that open forums with developers are both common and quite useful, as they help developers to know the general policies of P&Z. Tom replied that Rick’s proposal of a “team” to negotiate with developers on acceptable development was quite sensible.

Dave Colbert asked about open space set-asides and fees in lieu of. Tom said that up to 15% of the land or up to a 10% fee can be levied. Lynn Cheney asked whether the set-aside would be available to the public or whether it would just be available to the owners of the property. Tom replied that the owners were the only ones permitted to use the land, but that the developer could allow for the public to have use of the open space, if he so chose. Annie and James LaPorta asked about consistency in what was asked for. Tom said that deviation would be quite possible, but there would have to be a good reason for it. He also went on to say that Town staff could be involved in negotiating with developers prior to coming to meetings in order to iron out the specifics before the public hearing.

James asked whether the regulation requiring minimum house sizes was sensible, and Lynn asked whether there could be a similar restriction on maximum size. Tom replied to James that it was not clear to him what would be acceptable, and to Lynn that there would need to be a good reason to restrict maximum size. It was also determined that a restriction to only allow subdivision on primary residences would not hold up in court, unless it somehow related to the general welfare of the community.

Annie relayed a question from Pat. Does P&Z have authority over town-held land? Tom said that the Town is subject to the zoning regulations, but can vote to exempt itself from them at a public meeting.

Hector Prud’homme asked whether separate commissions, Planning, and Zoning, would be more capable of implementing the POCD. Tom said that generally, separate commissions did more bad than good, often sparring and disagreeing.

David asked whether past decisions should also only be discussed at Commission meetings. Tom said ‘yes,’ and warned that appeals may be forthcoming, so to beware of that. He emphasized that everyone should be afforded due process. Hector added that the CCT has a confidentiality statement for current business.

Hector asked whether Tom would recommend forming a conservation commission. Tom said that they can be very helpful in inventorying parcels that deserve priority consideration and those that can more easily be developed. He said that the commission is usually appointed by the selectmen and can then give insight to the P&Z, as long as that insight is part of the public record.

Rick asked about the abandoned and discontinued roads issue. Tom defined an abandoned road as one that has come to its current state through non-use, and discontinued as defined by the statutory procedure undertaken. He added that discontinued roads can be improved by all abutters, and if the town does not allow the improvement, this constitutes a taking. He also said that lots that are located on former town roads cannot be turned down for subdivision because they do not front a town road. Tom said that the statutes are unclear on who is responsible for doing what, and that the courts are making most of the determinations. Rick asked if discontinued and abandoned roads could be restricted to only being private streets. Tom replied that they could, but that the residents had a right to access their property, so the street can be required to be built to code. He also said that a Town Meeting can reject any petition to make a private street a public road. He added that it would be wise to try and keep private streets in the bed of the old road that may have once been there.

GIS Maps, Build-out map Nature Conservancy

Rick told the Commission that on Thursday there would be a Nature Conservancy meeting including people from the six served towns on fiscal impact assessment. He and Annie would be attending. Rick asked Colin to check the balance in the budget for maps because CCT had pledged $500 dollars, which has not been used yet. He submitted a bill from HVA and the final copies of the maps. He asked the members if they were willing to sit during Memorial Day with the maps, in order to explain them to passers-by.

Upcoming Seminars Transfer of Development Rights, Open Space

Pat’s posters were passed out. Colin was asked to find addresses of residents. Annie said that she would take charge of the postcards.

Regulation Review: Affordable Housing lots in subdivisions

Requirement of 2 plans for large subdivisions

Annie said that she looked for Haddam’s regulations but was unable to find them online. Rick said that he would look and also reminded the Commission that Torrington had good ones also. He found further information on Affordable Housing statutes (including the requirement for the town to pass an ordinance) and asked for Colin to make copies and distribute them.

Letter from Hector Prud’homme, response

Hector stressed that this was a key moment and that a precedent could be set. He was worried that in general. the developer had the upper hand over the P&Z. He said that some long-ranging conclusions would be needed, and that involving a wide array of groups would be the best way to accomplish this. He informed the Commission that there were various ideas of how to go about this. He told the Commission that CCT would like to be involved in whatever facet possible. He had a few ideas of what issues they were interested in: the build-out analysis, the 15% set-aside, the POCD and making an inventory of priority properties, and some funding. Lynn seconded the interest in doing the inventory.

Rick asked Annie if it was necessary to make a motion to have Tom McGowan head up the group. Annie said that Gordon was going to make the formal request.

There was then a general discussion about the planning profession, and the usefulness of the POCD and zoning regulations.

The meeting was adjourned at 10:00.

Colin Gold, 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.