Cornwall Borough Council directs P&Z to work with solicitor on zoning review

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At its monthly meeting Monday, Cornwall Borough Council unanimously agreed to permit the planning and zoning commission to meet with borough solicitor Josele Cleary to discuss options for changes to the zoning ordinance.

Council last month asked Cleary to review a list of items the borough is considering addressing with the borough’s zoning ordinance. Cleary has since provided council members with examples of how these items are addressed by other municipalities’ ordinances.

The list includes the following items:

• Clarification of historic district and historic district buffer overlays
• Clarification on zoning definitions of public warehousing and related uses
• Review of collector streets and major roads with respect to borough code
• Language concerning data centers
• Updates to electric vehicle charging stations
• Homeless encampments.
• Solar farms
• Potential “catch-all” provision
• Airbnb and short-term rentals
• Bitcoin mining
• Agricultural security area

Read More: Cornwall Borough Council sends zoning review items to solicitor for evaluation

Cleary explained that she can provide legal advice and write an ordinance amending the code, but council (and the planning and zoning commission) must make a decision regarding how these items are to be addressed.

The P&Z will hear options from the solicitor and provide council with a recommendation for changes to the zoning ordinance. If council agrees, changes will be advertised and up for adoption following a public hearing.

Council also agreed to send a formal action to the owners of 104 Store Lane to remove a stone pillar, with councilman Thomas Burton opposed. P&Z chair Ray Fratini recommended this action.

Council has previously discussed the property, which contains a contentious stone pillar that neighbors claim causes difficulty pulling out of and into their driveway. This pillar is also in the borough’s right of way.

Counsel representing the property owner claims the pillar was installed in 2015 with a permitted fence, and said the permit allows the fence to go up to the right of way.

However, the neighbor’s representative said the pillar was not installed until much later (with Google Maps reflecting that the pillar was not yet constructed in 2019) and poses a safety risk. They showed a video in which the neighbor’s truck needed to completely enter the left lane in order to turn right into their driveway.

The property owner’s representative said that 26 other properties in the borough also contain structures in the right of way. Councilman John Karinch responded that it is the only complaint of that type the code enforcement officer has heard, noting that the borough only investigates complaints and does not seek out violations.

Fratini added that some of these structures are “grandfathered in” due to existing prior to modern zoning being instituted in the 1960s, and others were allowed via permits obtained from the borough.

The P&Z recommended council issue a letter in June, but council tabled action until September in hopes involved parties could reach a resolution without involving the borough.

In other news, council:

• Unanimously agreed to dispense $268,312.50 from PRL’s letter of credit (with $73,976 remaining).
• Unanimously agreed to dispense $803,615.29 from the Iron Valley Cliffs development’s letter of credit (with $1,974,265.40 remaining).
• Unanimously agreed to allow a Met-Ed pole to be placed on the borough’s Rexmont Road property, following some discussion.
• Unanimously approved a stormwater exemption for a house plan at 289 Burd Coleman Road, which meets exemption criteria of pervious area.
• Unanimously approved a line painting contract of $16,828 with D.E. Gemmill, to go over major through-roads in Cornwall Borough.
• Unanimously approved a routine field use agreement with Northern Lebanon Little League.
• Unanimously authorized the installation of a new streetlight along Spring and Hillside.
• Heard from councilwoman Julie Bowman that the P&Z should be careful not to cover items not listed on the agenda and provide adequate notice of changes to the agenda. Fratini was in agreement.
• Tabled action on the purchase of new servers for the borough.
• Unanimously approved reports and minutes, with a correction to the P&Z minutes to fix an incomplete sentence.

Cornwall Borough Council meets the second Monday of each month at 6:30 p.m. These meetings are open to the public and do not require prior registration.