MINUTES OF A REGULAR MEETING AND PUBLIC HEARING OF THE CORNWALL                     PLANNING AND ZONING COMMISSION HELD ON SEPTEMBER 13, 2005.

 

 

A Regular Meeting of the Cornwall Planning and Zoning Commission was held at 7:30 pm on Tuesday, September 13, 2005, in the Cornwall Town Hall. Present were: Chairman Richard Lynn, presiding; members David Colbert, Patrick Hare, Heidi Kearns, Anne Kosciusko, Doc Simont and  alternate James LaPorta. Land Use Administrator Karl Nilsen and Land Use Clerk Vera Dinneen were also present. James LaPorta was designated to vote for Dave Colbert who was absent from the previous public hearings. The Meeting adjourned to the Public Hearing at 7:37 and reconvened at 8:00.

 

PUBLIC HEARING

 

Subdivision                 Jennings Hill Subdivision, Laurel Galloway, South Road

(William Treem & Laurie Racine, Applicants)

                                    To subdivide 12.844 acres into two lots

 

This hearing was continued from last months meeting. John Sniffen represented the applicants.  No additional testimony was given and no one spoke against the application. The hearing was closed at 7:40pm. A tape recording was made and is a part of these Minutes.

 

 

Resubdivision             John OÕDonnell, Cogswell Road

                                    To resubdivide 134.35 acres into two lots

 

This hearing was also continued from last months meeting. John OÕDonnell stated that he had no additional information to present.  No one spoke against the application and the hearing on it was closed at 7:42pm.  A tape recording was made and is a part of these Minutes

 

 

Subdivision                 NWI, LLC, Poughkeepsie Road

                                    To subdivide 10.354 acres into two lots

 

Arthur Howland, Surveyor/Engineer presented the application. Revised plans were submitted. Karl Nilsen stated that his review was of the old subdivision plans, not the new ones. Karl stated that the public hearing can not close until the November meeting since the Inland Wetlands Agency will not accept the application until their October meeting and will probably take action on it at their November meeting. The new plans show notes regarding the private street and water supply. The private street is proposed for two lots, widening the existing driveway by 4 feet – making it 16Õ. It will run across Lot 2 and into Lot 1. Lot 1 will have its own driveway. The property is located in an R5 zone. The plans also show the proposed sites for houses, septics and wells. Torrington Area Health has approved the septic plans. An appraisal of the pre-developed land is being made in order to pay a fee in lieu of open space. Doc Simont stated that the private street does not reach the driveway to Lot 1. Karl explained that there is a question whether that meets the regulations or not. Richard Bramley, property owner at the end of the proposed private street, stated that there are now four lots on the road and that by allowing a fifth lot, the Commission would be setting a precedent. Karl explained that Attorney Tom Byrne has addressed this question to him verbally and that he would like to ask for his opinion in writing.

 

 

It was unanimously voted to have Karl request Attorney ByrnesÕ opinion in writing. No report has been received from the Inland Wetlands Agency. It was unanimously voted to continue the hearing until the October 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 August 9, 2005 and the Special Meeting of August 17, 2005 were approved as circulated.

 

APPLICATIONS FOR ZONING PERMITS

 

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

 

OLD BUSINESS

 

Subdivision                 Jennings Hill Subdivision, Laurel Galloway, South Road

(William Treem & Laurie Racine, Applicants)

                                    To subdivide 12.844 acres into two lots

 

Rick Lynn read the following proposed motion:

 

ÒMotion to approve the application of William Treem & Laurie Racine, applicants/Laurel Galloway, owner for a 2 lot subdivision in an R-5 Zone on Flat Rocks & South Roads as per the oral and written testimony of the applicants and their representative and as per the Site Development Plan submitted and Record Subdivision Map entitled ÒJennings Hill SubdivisionÓ, prepared for Laurel Rose Galloway, William Treem and Laura Racine, dated June 8, 2005 revised to June 10, 2005 by Sam P. Bertaccini, Jr., RLS #10383, and with the following conditions:

 

  1. A fee of 5% in lieu of open space will be accepted as the open space requirement for this subdivision

 

  1. The Record Subdivision Map shall include the following statement ÒA detailed erosion and sedimentation control plan for Lot #2 will be required at the time of the issuance of the zoning permit. This sedimentation and erosion control plan will follow the DEP guidelines presented in the Ò2002 Connecticut Guidelines for Soil Erosion and Sediment ControlÓ.

 

 

The application for the two lot subdivision with the conditions listed, in accordance with the site plan provided, is approved according to the Town of Cornwall Subdivision Regulations. The Commission has determined that the intent of the Cornwall Subdivision Regulations has been met. As part of the approval, all maps are made part of the application, including the Record Subdivision Map, the site development maps and the supporting maps and they shall be filed in the Town ClerkÕs Office within the proper statutory times. All map filings are at the expense of the applicant and all maps shall be filed in compliance with the subdivision regulations for the Town of Cornwall as amended.Ó

 

 

 

 

Commission members then discussed that the appraised value of the pre-developed 7.844 parcel is $78,000 which amount to a fee of $3,900 as a condition of approval. Doc moved the motion as read with the following additional condition:

 

  1. The fee of in lieu of open space shall equal$3,900 and shall be paid upon the sale of Lot 2. 

 

The motion was seconded by Anne Kosciusko and was unanimously approved.

 

 

 

Resubdivision             John OÕDonnell, Cogswell Road

                                    To resubdivide 134.35 acres into two lots

 

Rick read the following proposed motion:

 

ÒMotion to approve the application of John OÕDonnell owner/applicant, for a 2 lot subdivision in an

R-3 Zone on Town Street, Cogswell Road and Sharon Goshen Turnpike as per the oral and written

testimony of the applicant and his  representative and as per the Site Development Plan submitted and

the Record Subdivision Map entitled ÒJohn OÕDonnell  SubdivisionÓ, prepared for John OÕDonnell,

dated June 17, 2005 by Matthew M. Kiefer LLS., Registration #16101, with the following conditions:

 

  1. As prescribed in the Cornwall Planning and Zoning CommissionÕs Administrative Guidelines for Open Space Protection, , the open space requirements are waived due to the proposed lot in the subdivision being more than four times the area of the zone in which the lot is located.

 

  1. The Record Subdivision Map shall include the following statement ÒA detailed erosion and sedimentation control plan for lot #2 will be required at the time of the issuance of the zoning permit. This sedimentation and erosion control plan will follow the DEP guidelines presented in the Ò2002 Connecticut Guidelines for Soil Erosion and Sediment Control.

 

The application for the two lot subdivision with the two conditions as listed, in accordance to the site plan provided, is approved according to the Town of Cornwall Subdivision Regulations. The Commission has determined that the intent of the Cornwall Subdivision Regulations has been met. As part of the approval, all maps are made part of the application, including the Record Subdivision Map, the site development maps, and the supporting maps and shall be filed in the Town ClerkÕs Office within the proper statutory times. All map filings are at the expense of the applicant and all maps shall be filed in compliance with the subdivision regulations for the Town of Cornwall as amended.Ó

 

James LaPorta clarified that the Commission is not obligated to waive the fee in lieu of open space in the event of a resubdivision in the future. John OÕDonnell submitted a plan showing soil types and it will be considered part of the site plan. A possible septic and backup are shown on the plan. Erosion and sedimentation guideline notations are already on the plans and will be noted on the filed mylar. Doc moved the motion as read, Annie seconded it and the vote was unanimous.

 

 

 

 

Subdivision                 NWI, LLC, Poughkeepsie Road

                                    To subdivide 10.354 acres into two lots

 

The public hearing on this item was continued to the October meeting.

 

 

NEW BUSINESS                

 

Subdivision                 John & Edward Warner, Todd Hill Road & Sharon Goshen Tpke.

                                    (RMM Consulting, Applicant)

                                    To subdivide 32.472 acres into three lots

 

Attorney Tom McDermott presented the application. He had put together a history of the tract stating that it is not a re-subdivision. He had also prepared legal descriptions of the three proposed lots. The subdivision is in an R-3 zone. The applicants are proposing three acres for a conservation easement on the westerly boundary. Attorney McDermott has spoken with Maggie Cooley of the Cornwall Conservation Trust. It was unanimously voted to schedule the public hearing for October 11, 2005.

 

COMMUNICATIONS

 

 A Special meeting had been planned for September 27th to meet with Tom McGowan regarding how best to structure the Town Plan update. A couple of members were not available on that date. Rick will check with Tom to see if he is available on October 3rd or 5th. There was discussion about whether to retain Tom or to go out to bid. Rick will check with Gordon about the bidding process. It may be different because Tom has been retained by the town in the past. Pat suggested speaking to Tom first, then having discussions, open to the public, with several consultants/specialists who may propose new ideas. Doc stated that it would be difficult to get the publicÕs opinion. He added that Tom does a great job with the citizens of the town. Annie suggested meeting with several planners, have them send proposals, then choose a few to meet with. Pat stated that the commission is not interested in a cost proposal at this point, only an approach/method and new ideas. Rick suggested asking (and compensating) three planning professionals to come and speak to the commission about methods and new ideas to help the Commission frame the request for proposal. It would be advertised to the public, one evening per planner. Planometrics, Dick Chorrall and Tom McGowan will be invited. It was decided not to schedule a special meeting with Tom McGowan at this time. Refining the proposed approach will be discussed at the October meeting.

 

 

Dave asked for an update on the sign enforcement issue. Rick explained that the Commission has authorized Karl to pursue enforcement by sending a notice of violation. Karl said that by next month he will prepare a list of all continued business sign violations and will ask the Commission how they want them handled. He reported that none of the businesses previously contacted regarding sandwich board signs have requested in writing a change to the regulations.

 

 

 

 

 

 

 

ADJOURNMENT

 

The meeting was adjourned at 9:45pm 

                       

                                                                        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.