Regular Meeting 891
Members Present: T. Lentz, Chairman C. Jefferson, ZEO
L. Annino
E. Hayash
S. Morgan
J. Adametz
P. McGuinness
P. Stull
1. Call to Order.
T. Lentz called the meeting to order at 7:30 P.M.
a. Motion was made by Mr. Annino, seconded by Mr. Hayash, to add the minutes of Meeting No. 889 to the agenda. PASSED UNANIMOUSLY
b. Motion was made by Mr. Adametz, seconded by Ms. Morgan to approve the May 2, 2006 Minutes as filed. PASSED UNANIMOUSLY
c. Motion was made by Mr. Annino, seconded by Ms. Morgan to approve the April 18, 2006 Minutes amended as follows: Page 2, first paragraph, fifth sentence: “Ms. Morgan noted the reason members wanted to be involved in this process is that it is a Town regulation, not a Venuti regulation. It was also pointed out that action should start with the Conservation Subdivision Regulations….” PASSED UNANIMOUSLY
3. Visitors
a. Attorney J. Bernadino, who was not on the Agenda, representing Hammonasset River Estates requested waiver of Section 7.5.2 of the Subdivision Regulations which require that access rights be deeded to a private corporation. He requested this section be waived for an approximately 770-foot long, 40-foot wide section of drive accessing two lots. He reviewed the reasons why the request was being made, as stated at the April 18, 2006 meeting. Mr. Lentz read correspondence from Attorney William Howard in which he advised he found the documents submitted to protect the interests of the Town and the Commission. Motion was made by Mr. Annino, seconded by Ms. Morgan to approve the request for Waiver of Subdivision Regulation 7.5.2 requirement as stated in correspondence dated May 16, 2006, detailed in Declaration of Easements, Covenants and Restrictions for Private Road – Hammonasset River Estates Subdivision, and as reviewed by Attorney William Howard in correspondence dated May 16, 2006 in which he stated, “I have reviewed the attached Declaration of Easements and blank form deed, and determined that they would protect the interests of the Town and the Commission in the circumstances and will assure the continued maintenance of the private road in a manner comparable to an arrangement involving a property owners’ association.” PASSED UNANIMOUSLY.
4. Communications and Bills
May 16, 2006 correspondence and attachments concerning request for Waiver of Subdivision Regulation 7.5.2 requirements, Hammonasset River Estates Subdivision, Beckwith Road.
May 16, 2006 correspondence from Attorney William Howard concerning proposed Development and Open Space Covenant in connection with Sherwood Forest Subdivision.
May 8, 2006 correspondence from the Redding Planning Commission concerning accessory apartments and affordable housing.
Board of Selectmen – Record of Vote, May 8, 2006
Water Pollution Control Authority – Motions, Regular Monthly Meeting, May 3.
Affidavit of Publication – The Hartford Courant, for April 18, 2006 Public Hearing.
May 11, 2006 memorandum from Cathie Jefferson, Z.E.O. to Gary Shettle regarding meeting about plantings at the Middle School.
May 13, 2006 correspondence from Richard Leighton to Tom Stevens, P.E. concerning Lots 37 & 64, The Ridges at Deer Lake.
Undated correspondence from Inland Wetlands and Watercourses Commission concerning Lots 37 & 64, The Ridges at Deer Lake.
May 15, 2006 correspondence from Attorney William Howard concerning Conflict of Interest – Amendments to Regulations.
May 3, 2006 invoice #18592 from Howard and McMillan in the amount of $1,140.
May 2, 2006 correspondence from Nathan L. Jacobson & Associates concerning L&S Bond, Cranberry Lane Subdivision.
May 2, 2006 correspondence from Nathan L. Jacobson & Associates concerning Bond Release, Mills Farms Road.
May 2, 2006 correspondence from Nathan L. Jacobson & Associates concerning Bond Reduction, Hammonasset River Estates.
May 9, 2006 correspondence from Richard Leighton to Aart Vanwillgen with Notice to Abate Serious Health Violation at 21 Kenilworth Drive.
May 15, 2006 correspondence from Nathan L. Jacobson & Associates concerning Realignment of Alders Bridge Road.
May 5, 2006 correspondence from Nicholas F. Bellantoni, Connecticut State Archaeologist concerning Kuziak Subdivision.
5. Old Business: Mr. Lentz advised the Board of Selectmen has voted to take the matter of the Bosco property to a town meeting.
Zoning Enforcement Officer’s Report:
C. Jefferson reported on the recent meeting held on May 9, 2006 at the Middle School, at which time the use of 20 extra white pines that were not on the site plan was reviewed. They will be planted in a 200± strip along the Bosco property line.
Alders Bridge Road, which is under construction by Town personnel, was reviewed by the Town Engineer. Specifically, construction was modified from the plans submitted, reportedly to avoid ledge. She advised that the modification does not affect sight lines, drainage, etc. and by May 15, 2006 correspondence the Town Engineer suggested steps be taken to further protect adjacent property. There was considerable discussion about the project, with Mr. Adametz expressing concern and opposition to what had taken place. Mr. Lentz asked if Mr. Adametz had attended the site meeting referred to; he had not. Mr. Annino asked if the Town Engineer had reviewed the project; he had and the correspondence was again reviewed. Ms. Jefferson noted that when the project is completed, As-Built Plans will show that construction is in the ROW. Mr. Lentz said there should be another site meeting, with Mr. Adametz present to review and explain his concerns.
Bonding matters (see Town Engineer correspondence) were noted and will be taken up later in this meeting.
The covenant in connection with the cell tower parcel in the Sherwood Forest Subdivision has been reviewed by Attorney Howard and has now gone to Attorney Wells for the Land Trust. The mylar has not yet been signed.
There will be a site inspection of the Graff property later this week; the Dog Warden will also inspect.
Gary Ballard has been contacted concerning dumpsters, signage and other matters. It was noted that lighting may also be an issue.
New Business:
Tom Stevens, P.E., representing Deer Lake II re-subdivision, reviewed Lots 37 and 64, which did not have enough naturally-occurring soils when the subdivision was originally presented. They have now been filled sufficiently to allow re-subdivision, with Lot 37 becoming Lots 35, 36 and 37 and Lot 64 becoming Lots 64 and 65. He reported the sanitation design has been reviewed by R. Leighton, the revised plans have been delivered to the Town Engineer for review and that some waivers were being requested. The waivers involve Section 4.4.3 – Construction Schedule; Section 4.4.10 –Timber Cutting; Section 4.4.11 – Construction Costs and Section 4.4.13 – Open Space. It was the consensus of the Commission that none of these were involved in this submission and should not be part of the proceedings. Mr. Lentz advised that only upon receipt of the required information, reports and materials would a Public Hearing be scheduled.
Paul Benjamin of Bascom & Benjamin reviewed an application for Subdivision of 14.62 acres of land of Gail Kuziak on the east side of Beckwith Road and submitted Map of Survey; Complete Set of Prints, Application for Subdivision, List of Adjoiners, and Letter from Environmental Planning Services. The Commission has also received May 5, 2006 correspondence from Nicholas F. Bellantoni, Connecticut State Archaeologist (see correspondence). The submitted material was reviewed and a site walk scheduled for Tuesday, May 30, 2006 at 6:30 P.M.
Donald Carlson, L.S., representing Sheridan Matthes, reviewed lot line revisions to property located on Roast Meat Hill. The proposed realignment is to accommodate a riding ring and to gain better configuration of the lots in question. R. Leighton has reviewed the proposal and given approval. Motion was made by Mr. Stull, seconded by Mr. Annino to approve lot line revisions as shown on plans submitted. PASSED UNANIMOUSLY.
Application for a Special Exception from Terry Verni for a Special Principal Use (Dog Grooming) in a commercial District (Killingworth Country Commons) was received and will be scheduled for a Public Hearing on June 6, 2006.
Report of Officers and Subcommittees
a. David Gross was introduced, offered professional and personal background, and indicated his interest in serving as an Alternate on this Commission. Mr. Lentz advised that it is expected that Alternates as well as regular members be active participants in Commission proceedings. Motion was made by Mr. Annino, seconded by Mr. Hayash to appoint David Gross to a position as Alternate on the Planning & Zoning Commission. PASSED UNANIMOUSLY
Ms. Morgan reviewed the Bond matters:
Puska Subdivision, Mill Farms Road: recommendation by Town Engineer to release the performance bond in the amount of $3,000. They have determined that all work remaining has been completed. Motion was made by Mr. Stull, seconded by Mr. Annino to release the performance bond in the amount of $3,000 in connection with the Puska Subdivision, Mill Farms Road, as recommended by Nathan L. Jacobson & Associates, Inc. PASSED UNANIMOUSLY
(2) Cranberry Lane Subdivision, Pond Meadow Road: recommendation by Town Engineer to establish Erosion and Sedimentation Bond in the amount of $4,100. Motion was made by Mr. Annino, seconded by Mr. Stull to set a bond in the amount of $4,100 for erosion control measures in connection with the Cranberry Lane Subdivision, Pond Meadow Road, as recommended by Nathan L. Jacobson & Associates, Inc. PASSED UNANIMOUSLY
(3) Hammonasset River Estates, Beckwith Road: recommendation by Town Engineer to reduce performance bond to $9,600, the amount of the maintenance bond. This was based on Opinion of Probable Construction Costs, which accompanied the correspondence. Motion was made by Mr. Annino, seconded by Mr. Stull to reduce the bond amount to $9,600 in connection with Hammonasset River Estates Subdivision, as recommended by Nathan L. Jacobson & Associates, Inc. PASSED UNANIMOUSLY
There were no other reports.
To add to agenda:
Motion was made by Mr. Annino, seconded by Ms. Morgan, to add to the agenda following Report of Officers and Subcommittees, a visitor, Kirk Hagert, representing Middlesex Development Company LLC.
Mr. Hagert, representing Middlesex Development Corporation submitted a request for a waiver of the Subdivision Regulation Section 7.5.2 requirements in connection with the Beckwith Ridge Subdivision, accompanied by Declaration of Easements, Covenants and Restrictions for Private Road, Statutory Warranty Deed and correspondence from Attorney Howard. Motion was made by Mr. Stull, seconded by Mr. Hayash, to approve the request for Waiver of Subdivision Regulation 7.5.2 requirement in connection with Beckwith Ridge Subdivision, Beckwith Road, as stated in correspondence dated May 16, 2006, detailed in Declaration of Easements, Covenants and Restrictions for Private Road – Beckwith Ridge Subdivision, and as reviewed by Attorney William Howard in correspondence dated May 16, 2006 as being of a similar nature to the request reviewed earlier in this meeting. PASSED UNANIMOUSLY
9. Adjournment
There being no further business, the meeting was adjourned at 8:56 P.M.
L. Annino
E. Hayash
S. Morgan
J. Adametz
P. McGuinness
P. Stull
1. Call to Order.
T. Lentz called the meeting to order at 7:30 P.M.
a. Motion was made by Mr. Annino, seconded by Mr. Hayash, to add the minutes of Meeting No. 889 to the agenda. PASSED UNANIMOUSLY
b. Motion was made by Mr. Adametz, seconded by Ms. Morgan to approve the May 2, 2006 Minutes as filed. PASSED UNANIMOUSLY
c. Motion was made by Mr. Annino, seconded by Ms. Morgan to approve the April 18, 2006 Minutes amended as follows: Page 2, first paragraph, fifth sentence: “Ms. Morgan noted the reason members wanted to be involved in this process is that it is a Town regulation, not a Venuti regulation. It was also pointed out that action should start with the Conservation Subdivision Regulations….” PASSED UNANIMOUSLY
3. Visitors
a. Attorney J. Bernadino, who was not on the Agenda, representing Hammonasset River Estates requested waiver of Section 7.5.2 of the Subdivision Regulations which require that access rights be deeded to a private corporation. He requested this section be waived for an approximately 770-foot long, 40-foot wide section of drive accessing two lots. He reviewed the reasons why the request was being made, as stated at the April 18, 2006 meeting. Mr. Lentz read correspondence from Attorney William Howard in which he advised he found the documents submitted to protect the interests of the Town and the Commission. Motion was made by Mr. Annino, seconded by Ms. Morgan to approve the request for Waiver of Subdivision Regulation 7.5.2 requirement as stated in correspondence dated May 16, 2006, detailed in Declaration of Easements, Covenants and Restrictions for Private Road – Hammonasset River Estates Subdivision, and as reviewed by Attorney William Howard in correspondence dated May 16, 2006 in which he stated, “I have reviewed the attached Declaration of Easements and blank form deed, and determined that they would protect the interests of the Town and the Commission in the circumstances and will assure the continued maintenance of the private road in a manner comparable to an arrangement involving a property owners’ association.” PASSED UNANIMOUSLY.
4. Communications and Bills
May 16, 2006 correspondence and attachments concerning request for Waiver of Subdivision Regulation 7.5.2 requirements, Hammonasset River Estates Subdivision, Beckwith Road.
May 16, 2006 correspondence from Attorney William Howard concerning proposed Development and Open Space Covenant in connection with Sherwood Forest Subdivision.
May 8, 2006 correspondence from the Redding Planning Commission concerning accessory apartments and affordable housing.
Board of Selectmen – Record of Vote, May 8, 2006
Water Pollution Control Authority – Motions, Regular Monthly Meeting, May 3.
Affidavit of Publication – The Hartford Courant, for April 18, 2006 Public Hearing.
May 11, 2006 memorandum from Cathie Jefferson, Z.E.O. to Gary Shettle regarding meeting about plantings at the Middle School.
May 13, 2006 correspondence from Richard Leighton to Tom Stevens, P.E. concerning Lots 37 & 64, The Ridges at Deer Lake.
Undated correspondence from Inland Wetlands and Watercourses Commission concerning Lots 37 & 64, The Ridges at Deer Lake.
May 15, 2006 correspondence from Attorney William Howard concerning Conflict of Interest – Amendments to Regulations.
May 3, 2006 invoice #18592 from Howard and McMillan in the amount of $1,140.
May 2, 2006 correspondence from Nathan L. Jacobson & Associates concerning L&S Bond, Cranberry Lane Subdivision.
May 2, 2006 correspondence from Nathan L. Jacobson & Associates concerning Bond Release, Mills Farms Road.
May 2, 2006 correspondence from Nathan L. Jacobson & Associates concerning Bond Reduction, Hammonasset River Estates.
May 9, 2006 correspondence from Richard Leighton to Aart Vanwillgen with Notice to Abate Serious Health Violation at 21 Kenilworth Drive.
May 15, 2006 correspondence from Nathan L. Jacobson & Associates concerning Realignment of Alders Bridge Road.
May 5, 2006 correspondence from Nicholas F. Bellantoni, Connecticut State Archaeologist concerning Kuziak Subdivision.
5. Old Business: Mr. Lentz advised the Board of Selectmen has voted to take the matter of the Bosco property to a town meeting.
Zoning Enforcement Officer’s Report:
C. Jefferson reported on the recent meeting held on May 9, 2006 at the Middle School, at which time the use of 20 extra white pines that were not on the site plan was reviewed. They will be planted in a 200± strip along the Bosco property line.
Alders Bridge Road, which is under construction by Town personnel, was reviewed by the Town Engineer. Specifically, construction was modified from the plans submitted, reportedly to avoid ledge. She advised that the modification does not affect sight lines, drainage, etc. and by May 15, 2006 correspondence the Town Engineer suggested steps be taken to further protect adjacent property. There was considerable discussion about the project, with Mr. Adametz expressing concern and opposition to what had taken place. Mr. Lentz asked if Mr. Adametz had attended the site meeting referred to; he had not. Mr. Annino asked if the Town Engineer had reviewed the project; he had and the correspondence was again reviewed. Ms. Jefferson noted that when the project is completed, As-Built Plans will show that construction is in the ROW. Mr. Lentz said there should be another site meeting, with Mr. Adametz present to review and explain his concerns.
Bonding matters (see Town Engineer correspondence) were noted and will be taken up later in this meeting.
The covenant in connection with the cell tower parcel in the Sherwood Forest Subdivision has been reviewed by Attorney Howard and has now gone to Attorney Wells for the Land Trust. The mylar has not yet been signed.
There will be a site inspection of the Graff property later this week; the Dog Warden will also inspect.
Gary Ballard has been contacted concerning dumpsters, signage and other matters. It was noted that lighting may also be an issue.
New Business:
Tom Stevens, P.E., representing Deer Lake II re-subdivision, reviewed Lots 37 and 64, which did not have enough naturally-occurring soils when the subdivision was originally presented. They have now been filled sufficiently to allow re-subdivision, with Lot 37 becoming Lots 35, 36 and 37 and Lot 64 becoming Lots 64 and 65. He reported the sanitation design has been reviewed by R. Leighton, the revised plans have been delivered to the Town Engineer for review and that some waivers were being requested. The waivers involve Section 4.4.3 – Construction Schedule; Section 4.4.10 –Timber Cutting; Section 4.4.11 – Construction Costs and Section 4.4.13 – Open Space. It was the consensus of the Commission that none of these were involved in this submission and should not be part of the proceedings. Mr. Lentz advised that only upon receipt of the required information, reports and materials would a Public Hearing be scheduled.
Paul Benjamin of Bascom & Benjamin reviewed an application for Subdivision of 14.62 acres of land of Gail Kuziak on the east side of Beckwith Road and submitted Map of Survey; Complete Set of Prints, Application for Subdivision, List of Adjoiners, and Letter from Environmental Planning Services. The Commission has also received May 5, 2006 correspondence from Nicholas F. Bellantoni, Connecticut State Archaeologist (see correspondence). The submitted material was reviewed and a site walk scheduled for Tuesday, May 30, 2006 at 6:30 P.M.
Donald Carlson, L.S., representing Sheridan Matthes, reviewed lot line revisions to property located on Roast Meat Hill. The proposed realignment is to accommodate a riding ring and to gain better configuration of the lots in question. R. Leighton has reviewed the proposal and given approval. Motion was made by Mr. Stull, seconded by Mr. Annino to approve lot line revisions as shown on plans submitted. PASSED UNANIMOUSLY.
Application for a Special Exception from Terry Verni for a Special Principal Use (Dog Grooming) in a commercial District (Killingworth Country Commons) was received and will be scheduled for a Public Hearing on June 6, 2006.
Report of Officers and Subcommittees
a. David Gross was introduced, offered professional and personal background, and indicated his interest in serving as an Alternate on this Commission. Mr. Lentz advised that it is expected that Alternates as well as regular members be active participants in Commission proceedings. Motion was made by Mr. Annino, seconded by Mr. Hayash to appoint David Gross to a position as Alternate on the Planning & Zoning Commission. PASSED UNANIMOUSLY
Ms. Morgan reviewed the Bond matters:
Puska Subdivision, Mill Farms Road: recommendation by Town Engineer to release the performance bond in the amount of $3,000. They have determined that all work remaining has been completed. Motion was made by Mr. Stull, seconded by Mr. Annino to release the performance bond in the amount of $3,000 in connection with the Puska Subdivision, Mill Farms Road, as recommended by Nathan L. Jacobson & Associates, Inc. PASSED UNANIMOUSLY
(2) Cranberry Lane Subdivision, Pond Meadow Road: recommendation by Town Engineer to establish Erosion and Sedimentation Bond in the amount of $4,100. Motion was made by Mr. Annino, seconded by Mr. Stull to set a bond in the amount of $4,100 for erosion control measures in connection with the Cranberry Lane Subdivision, Pond Meadow Road, as recommended by Nathan L. Jacobson & Associates, Inc. PASSED UNANIMOUSLY
(3) Hammonasset River Estates, Beckwith Road: recommendation by Town Engineer to reduce performance bond to $9,600, the amount of the maintenance bond. This was based on Opinion of Probable Construction Costs, which accompanied the correspondence. Motion was made by Mr. Annino, seconded by Mr. Stull to reduce the bond amount to $9,600 in connection with Hammonasset River Estates Subdivision, as recommended by Nathan L. Jacobson & Associates, Inc. PASSED UNANIMOUSLY
There were no other reports.
To add to agenda:
Motion was made by Mr. Annino, seconded by Ms. Morgan, to add to the agenda following Report of Officers and Subcommittees, a visitor, Kirk Hagert, representing Middlesex Development Company LLC.
Mr. Hagert, representing Middlesex Development Corporation submitted a request for a waiver of the Subdivision Regulation Section 7.5.2 requirements in connection with the Beckwith Ridge Subdivision, accompanied by Declaration of Easements, Covenants and Restrictions for Private Road, Statutory Warranty Deed and correspondence from Attorney Howard. Motion was made by Mr. Stull, seconded by Mr. Hayash, to approve the request for Waiver of Subdivision Regulation 7.5.2 requirement in connection with Beckwith Ridge Subdivision, Beckwith Road, as stated in correspondence dated May 16, 2006, detailed in Declaration of Easements, Covenants and Restrictions for Private Road – Beckwith Ridge Subdivision, and as reviewed by Attorney William Howard in correspondence dated May 16, 2006 as being of a similar nature to the request reviewed earlier in this meeting. PASSED UNANIMOUSLY
9. Adjournment
There being no further business, the meeting was adjourned at 8:56 P.M.
