MINUTES OF A REGULAR MEETING AND PUBLIC HEARING OF THE CORNWALL                    

PLANNING AND ZONING COMMISSION HELD ON NOVEMBER 9, 2004.

 

A Regular Meeting of the Cornwall Planning and Zoning Commission was held at 7:30 pm on Tuesday, November 9, 2004, in the Cornwall Town Hall.   Present were: Chairman Richard Lynn, presiding; members David Colbert, Patrick Hare, Anne Kosciusko, Doc Simont and alternate Heidi Kearns. Heidi was designated to vote for an absent member.  Land Use Administrator Karl Nilsen and Land Use Clerk Vera Dinneen were also present. The Meeting adjourned to the Public Hearing at 7:37pm and reconvened at 7:40pm.

 

PUBLIC HEARING

 

Subdivision                             NWI, LLC, Poughkeepsie Tpke.

                                                To divide 10.354 acres into two lots

 

Rick Lynn read a letter from Attorney Jerry Sanchey who represents the applicant. The letter requested an extension on the Public Hearing in order for the CommisionŐs Attorney to review and comment on the Poughkeepsie Road issue. The hearing was continued until the December 14th meeting. 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 October 12, 2004 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 Tpke.

                                                To divide 10.354 acres into two lots

 

The hearing on this item was continued until December 14, 2004.

 

 

Informal Discussion                Berkshire Country Store

 

Rick recused himself and left the room. Anne Kosciusko presided. David Colbert wondered whether he should recuse himself also because he works with one of the individuals who lodged a complaint against the Berkshire Country Store. Other members felt that it was not necessary. David decided that it was not a conflict of interest and remained for discussion. Karl Nilsen explained that he has met with the Dethiers and they did not feel comfortable coming before the Commission again. Karl assured them that the Commission would discuss the issue with his direction. The Dethiers do not feel that an

amendment is necessary. Karl pointed out to members that two letters in the file appear to be identical (one is hand written and the other has been typed). However, the third paragraph has been omitted from the typed version. The Dethiers were under the impression that the tables were requested in 1996.  

 

 

David asked why the Commission should be concerned about what they were requesting in 1996, they should only be concerned about what was granted. Doc Simont and Anne Kosciusko agreed. It does not matter whether the tables were requested or not, they were not granted. The Dethiers would have to apply to be able to keep the tables. The paperwork in the office needs to match what is going on in the store. A letter will be sent to the Dethiers asking them to submit a modification to their permit.

 

 

Commission                            GIS Natural Resources Mapping

 

Rick distributed a draft of existing and proposed Natural Resourse Maps last month. There are seven GIS maps proposed and Rick will draft a request for a proposal from the Housatonic Valley Assoc.. Doc commented that he questioned the proposed scenic ridgeline map because the Commission decided not to adopt a ridgeline protection regulation. Karl suggested getting separate prices on each map and the Commission can pick and choose which should be done. He also recommended that the Commission request a disk as well as hard copies of the maps. Pat Hare suggested parceling the gathering of information out to various other Committees in Town such as the Historical Society, Agricultural Advisory Committee, Land Trust and Park and Rec. Doc asked if wetland soils could be included on the map. Karl suggested a wetlands soils overlay which could be used with the zoning map. Pat suggested creating a parcel map with at least the large parcels in town shown. This item will be included on the December meeting agenda.

 

 

NEW BUSINESS   

 

NONE            

 

COMMUNICATIONS

 

Karl reported on enforcement and inspection at Furnace Brook Farm and the ball field project.

 

Dave Colbert reported that a neighbor of the Busbys is concerned about her water when the accessory home is constructed. A letter from the neighbor was also received in the office. Karl said that it is a civil matter between the neighbors. Rick asked members if they thought there should be a cap on the size of accessory apartments. Pat reported that some towns have a regulation stating that apartments can only be put in a structure that has existed for ten years. Karl explained that a cap is usually 40% of a main dwelling or 500 square feet. Accessory apartments will be discussed again in December.

 

Vera reported that she has three proposals from consultant engineers to assist the Commission on her desk. The Commission requested the proposals earlier this year. Karl, Anne and Doc will review the proposals and report to the Commission next month.

 

ADJOURNMENT

 

The meeting was adjourned at 8:47pm.

                       

                                                                        Vera Dinneen, Land Use Clerk