MINUTES OF A REGULAR MEETING AND PUBLIC HEARING OF THE CORNWALL PLANNING AND ZONING COMMISSION HELD ON OCTOBER 12, 2004.

A Regular Meeting of the Cornwall Planning and Zoning Commission was held at 7:30 pm on Tuesday, October 12, 2004, in the Cornwall Town Hall. Present were: Chairman Richard Lynn, presiding; members David Colbert, Anne Kosciusko and alternate Heidi Kearns. Land Use Administrator Karl Nilsen and Land Use Clerk Vera Dinneen were also present. Heidi was designated to vote for an absent member. The Meeting adjourned to the Public Hearing at 7:37pm and reconvened at 8:15pm.

PUBLIC HEARING

Subdivision NWI, LLC, Poughkeepsie Tpke.

To divide 10.354 acres into two lots

Attorney Jerry Sanchy presented the application. Andrew Savage, owner and Engineer Brian Neff were also present. The property would be divided into two lots. Atty. Sanchy stated that he believed that the subdivision should be permitted under Zoning Regulation 8.22 “Lots for Single Family Residential Use in a Residential Zone located on a Private Street or for Two Lots Served by a Common Accessway.” No natural resources will be disturbed according to Atty. Sanchey. Karl Nilsen, Land Use Administrator, has informed Atty. Sanchy of the zoning and subdivision information that is lacking, and Atty. Sanchy stated he is confident that this information can be provided by Brian Neff. Atty. Sanchy said that he felt it would be best to continue the Public Hearing in order to get the needed information together. Rick Lynn asked him to review the access issue. He explained that the public highway portion ends at the NWI, LLC property line. The owners have a right of way over the discontinued portion. Rick clarified that it has never been approved as a private street. There are two homes beyond the NWI, LLC property. Karl explained that they are exercising their right to pass and repass. Atty. Sanchy said that his client has no intention of bringing the road up to private street standards. He explained that he was unable to find a definition for private streets in the regulations. Richard Bramley, who owns the two houses (one is an accessory apartment) past the proposed subdivision, stated that the plans were just submitted to the office on Friday and it would be difficult for both the Commission and the public to make comments at this time. Access is the key issue. The road is approximately 1,000 feet long and 10 feet wide, with no room to pass. Winters can be difficult. Mr. Bramley stated that he built the road and maintains it. Karl reminded members that Atty. Sanchy had asked for a continuance. He said that he received the plans on Friday and reviewed them over the weekend. He will speak to the engineer about the missing information. The road issue is a real dilemma. Rick clarified that it is a discontinuance of the road and not abandonment. Dave Colbert asked about open space preservation or fee in lieu of open space. Atty. Sanchy said that he didn’t think that it applied to this subdivision. Rick explained that the Commission has adopted a policy to require open space dedication or a fee in lieu of for all subdivisions. A Declaration of Conservation Restriction was submitted with the application. It proposes that the portion lying within twenty five feet of the common boundary line which separates the lots from one another be the protected area. Rick suggested that the applicant consider a fee in lieu of open space instead, but acknowledged that an easement in favor of the Land Trust could be another option. It was unanimously voted to continue the hearing until the November 9^th meeting. Rick asked Atty. Sanchy to be sure that all new information is submitted at least two weeks prior to the meeting. No one else spoke against the application and the hearing on it was closed at 7:58pm. A tape recording was made and is a part of these Minutes.

Special Permit #192 Peter & Bente Busby, Pritchard Road

To establish an accessory apartment

Peter Busby presented the application. He cited section 8.10 of the regulations which explains that the purpose of the accessory apartment regulation is to broaden the Town’s supply of smaller dwelling units and to help meet an identified need for housing, especially for elderly and young adults. His elderly parents need a place to live and this is a way to provide it for them. He will plant 30-50 trees to act as a buffer. It will be rented to others in the future. Rick stated into the record that Mr. Busby shared his design plan with the Commission at the September meeting. John Miller spoke in favor of the application. He stated that he lives around the corner from the Busbys and also owns property on Pritchard Road. He said that they are good neighbors and he sympathizes with what they are doing. Peter said that several other neighbors have called him, asked questions and said that they had no problem with the proposed application. No one spoke against the application and the hearing on it was closed at 8:07pm. A tape recording was made and is a part of these Minutes.

Subdivision Salvatore & Christine Lenzo, Dibble Hill Road

To subdivide 17+ acres into 2 lots

Engineer Ron Trottier presented the application. He submitted the green cards from the notice to neighbors. The front portion of the property along with the existing house will be on one lot. The remaining twelve acres will be on the other lot. Karl stated that all requirements have been met. Soil types will be included on the mylar when recorded on the land records. The appraisal has been done for the fee in lieu of open space. The twelve acre parcel was appraised as raw land at $38,000, which amounts to a fee of $3,800 at the time of transfer of the property. Karl stated that a chart showing those figures should also be included on the mylar. Russell Guerin, an abutting neighbor, stated that he had not seen any plans before this meeting and would like more information about the proposed plans. The hearing was closed at 8:15pm. 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 September 14, 2004 were approved as circulated.

APPLICATIONS FOR ZONING PERMITS

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

OLD BUSINESS

It was unanimously voted to change the order of the agenda to accommodate those present.

Subdivision NWI, LLC, Poughkeepsie Tpke.

To divide 10.354 acres into two lots

The Public Hearing on this item was continued until the November 9, 2004 meeting.

Special Permit #192 Peter & Bente Busby, Pritchard Road

To establish an accessory apartment

Karl indicated that the application is complete and is consistent with the regulations. Heidi Kearns asked for clarification on the fact that there can be two houses on the same property provided that one is secondary in size to the other and meets the square footage requirements. Karl added that the either the residence or the accessory structure must be owner occupied. Heidi also asked about the plans for a pottery wheel in the garage. Mr. Busby explained that it will be for recreation, not a business.

A motion was made by Anne Kosciusko and seconded by David Colbert to approve the application of Peter and Bente Busby for Special Permit #192 for an accessory apartment, as per the oral and written testimony of the applicant and site plan supplied.

The Commission has determined that the intent and conditions of Section 8.10 have been complied with per the Zoning Regulations for the Town of Cornwall.

The Commission has also determined that the applicant has met the standards and criteria of the General Standards and Requirements of the regulations.

The application was unanimously approved

Subdivision Salvatore & Christine Lenzo, Dibble Hill Road

To subdivide 17+ acres into 2 lots

In response to Mr. Guerin’s comment during the public hearing, Rick asked if the appropriate language was used in the notice to neighbors. Vera Dinneen read the portion of the legal notice which states that copies of the applications are available in the Town Clerks office. Karl stated that the application has been properly noticed. Heidi asked if the twelve acre parcel could be redivided. After some discussion it was determined that it could not be redivided because it is a flag lot. Dave asked if the Commission has any recourse if they feel that the assessment is too low. Rick explained that the Commission approved the appraiser at last month’s meeting.

A motion made by Anne Kosciusko and seconded by David Colbert to approve the application of Salvatore and Chrisitne Lenzo, Dibble Hill Road, Cornwall, CT as per the oral and written testimony of the applicant and the site plan supplied, 2 Lot Subdivision Plan prepared for Salvatore and Christine Lenzo, Dibble Hill Road, prepared by Robert Trottier, PE, Bristol, CT, original supporting documents dated September 8, 2003, revised to February 4, 2004 and Record Subdivision Plan dated August 2003 revised to February 4, 2004 with the following conditions:

1. That the applicant, in lieu of 15% of land on the subdivision site deeded or

dedicated to parks, playgrounds, recreation areas and/or open space, according to the standards set forth in the Subdivision regulations and with the approval of the commission, shall agree to a fee to the Town equal to 10% of the fair market value of the land to be subdivided prior to the approval of the subdivision.

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2. That adequate bonding for the Erosion and Sedimentation Controls, as specified in the plans be established and approved by the town engineer. The applicant shall also provide an estimate of the inspection costs required by appropriate town staff in the event the bond is called, said cost to be reimbursed or contained in the cash bond as provided.

3. That the construction and acceptance of the driveways to access the proposed residential sites from the common driveway shall be in accordance with the “An Ordinance Concerning Driveway Standards and Permits” as amended and all of the provisions of Section 5.1 “Design Standards” of the Subdivision Regulations as amended, and Section 10.3 of the zoning regulations.

4. That the name of the person or entity responsible for the Erosion and Sedimentation plans be designated on the Erosion & Sedimentation Control plans as filed. The plans shall follow the standards and guidelines as set forth in the State of Connecticut DEP 2002 Guidelines for Erosion and Sedimentation Controls with all such detail to be incorporated into the maps.

5. That all of the review comments of the Town Engineer accepted by the Commission shall be incorporated into the final plans and the revised plans shall be submitted to the Land Use office for review and approval prior to filing.

The application for the Lenzo subdivision, with the five conditions as approved, and according to the amended site plan is approved according to the Subdivision Regulations. The commission has determined that the intent of the subdivision regulations has been met as provided in the purpose of the subdivision regulations.

The commission has also determined that the special exception for the interior lot meets the standards and criteria as set forth in the Cornwall Zoning Regulations as well as pertinent standards and criteria of “General Standards and Requirements” of the regulations.

As part of the approval, all maps made part of the application, including the record subdivision map, the site development maps, and the supporting maps shall be filed in the Town Clerk’s Office within the proper statutory times. All map filing is at the expense of the applicant and all maps shall be filed in compliance with the provisions of the Cornwall Subdivision regulations as amended.

Commission GIS Natural Resources Mapping

Rick told Commission members that the intern who was interested in helping with the GIS mapping has returned to college and Rick has not heard from him. Rick distributed a draft showing both existing and proposed Town GIS maps. Some necessary data is available through DEP, but not for issues such as historic sites, scenic ridgelines, etc. Northwest Conservation District asked Rick if the Commission was interested in having a Natural Resources Inventory done. A timeframe and a list of maps which would be most valuable will be discussed at the November meeting.

NEW BUSINESS None

COMMUNICATIONS

Rick read a letter of resignation from Karen Stevens which was accepted with regret.

NWCCOG has completed the updated subdivision regulations. Vera has a clean copy and will have them printed for members and for the public.

Informal Discussion Berkshire Country Store

Rick’s two children have worked at the Berkshire Country Store and the Commission’s Attorney has advised him to recuse himself and leave the meeting. He left at 8:48 and Annie Kosciusko presided. Karl pointed out that it would leave the Commission without a quorum for the remainder of the meeting. He stated that the remaining three members could receive information, but it would be unfair to the Dethiers to present their information to only a few and repeat the information next month. The Dethiers were uncomfortable with the fact that Rick had to leave, but were willing to present their information to those members who were present. Karl explained that a complaint was received that the conditions of the permit are not being met. There are two booths and two tables inside the store and two picnic tables outside. The permit states that only the picnic tables and two booths are allowed. Walter Dethier explained that confusion exists in the fact that Joanne Dethier wrote a letter to the Commission requesting an expansion because the original permit stated that no tables or booths were permitted. People live in an apartment on the property and they use the picnic tables. The Dethiers did not think that the Commission would consider the two picnic tables instead of inside tables. Karl said that members need to consider Section 15.5 and 15.52 which regulate restrictions on nonconforming uses. Walter asked if the person who filed the complaint was required to attend a meeting. Vera will send copies of past minutes, etc. to members before next month’s meeting. Annie asked what needed to be done to change the conditions of the permit. Karl explained that the Dethiers would need to request an amendment to the permit. Walter said that they added the tables as a service to their customers. They are not seeking a permit to be a restaurant. The pervious owners, Yates, applied to the Commission for a convenience store. The Dethiers prefer to be called a country store. They are not looking to use the property more intensely. They suggested that the Commission consider changing that area to a business zone when working on the Town Plan.

ADJOURNMENT

The meeting was adjourned at 9:07pm

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.