Regular Meeting 893

It is noted for the record that a continued public hearing was held for Special Exception No. 213, Terry Verni, Dog Grooming, 183 Route 81. The public hearing was closed.

1. Call to Order
T. Lentz called the meeting to order immediately following the above noted continued public hearing.

Motion by Hayash, second by Adametz, to change Agenda and move Appointment of Alternates to beginning of meeting. PASSED UNANIMOUSLY.

Motion by Stull, second by Adametz, to appoint David Gross as alternate to fill Phil Stull’s alternate position. Discussion followed. Mr. Gross gave a brief history of his experience and background. PASSED UNANIMOUSLY. 

Motion by Stull, second by Hayash, to appoint William Hayden as alternate to fill Tim Withington’s alternate position. Discussion followed. Mr. Hayden gave a brief history of his experience and background. PASSED UNANIMOUSLY.

Linda Dudek, Town Clerk, was present to swear in the alternates recently appointed.

2. Minutes of Regular Meeting No. 892 Held June 6, 2006
Motion by Mr. Hayash, second by Mr. Adametz, to approve the June 6, 2006 Minutes with the following amendment –

Page 5, under 7.a, 2nd sentence should read “It was noted that the lot line revision had been reviewed by the Commission previously.”



PASSED UNANIMOUSLY.

3. Visitors – none.

4. Communications and Bills
(1) Memo from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated June 19, 2006, Re proposed Special Exception Dogs to Dragons Dog Grooming 183 Route 81, Sanitarian Approval.

(2) Fax copy of letter from Jacobson & Associates to Thomas Lentz dated June 20, 2006 Re Kuziak Subdivision, Beckwith Road, Engineering Review.
(3) Application of Alan & Virginia Chapman for 2 Lot Subdivision.

(4) Affidavit of Publication for Notice of Public Hearing for Terry Verni, Dog Grooming.

(5) Letter from Connecticut Water Company to Charles Martens dated June 8, 2006 Re Connecticut Water Company Water Supply Plan.

(6) Memo from Gina Regolo to Department Heads and Chairman dated June 9, 2006 Re Year End Information for Fiscal Year 2005/06.

(7) Letter from C. Jefferson to Nicole Graff dated May 30, 2006 Re Inspection of Property.

(8) Original letter from Jacobson & Associates dated June 6, 2006 Re Beckwith Ridge Subdivision Beckwith Road & Abner Lane Bond Estimate.

(9) Original letter from Jacobson Associates dated June 6, 2006 Re The Ridges at Deer Lake Phase III & IV Bond Reduction.

(10) Original letter from Jacobson Associates dated June 6, 2006 Re Cranberry Lane Subdivision Pond Meadow Road Performance Bond.

(11) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated June 9, 2006 Re The Ridges at Deer Lake, Resubdivision of Lots 37 and 64, Sanitarian Review Comments/Conditions.

(12) Board of Selectmen Notice of Vote from June 14 2006.

(13) Memo from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated May 16, 2006 Re Killingworth Country Commons, Sub-Surface Sewage Disposal System Review, Lot Line Revision, Approval.

(14) Letter from R. E. Leighton, Code Official, to Ann A. Straut-Esden, State of Connecticut Department of Public Health dated June 19, 2006 Re New Intermediate Middle School, Route 81, Fire Protection Requirements.

(15) Memo from Martin Klein to Department Heads and Chairs dated June 16, 2006 Re Purchase Order Policy and Procedure.

(16) Letter from R. E. Leighton, Code Official, to James Foote, Industrial Construction Company dated June 19, 2006 Re RSD 17, Underground Line Flushing.

(17) Letter from R. E. Leighton, Code Official, to James Foote, Industrial Construction Company dated June 19, 2006 Re RSD 17, Abandoned Septic Tank.

5. Old Business
(a) Application #303, Resubdivision of Lot 37, The Ridges at Deer Lake, Lawrence Brown
(b) Application #304, Resubdivision of Lot 64, The Ridges at Deer Lake, Lawrence Brown
Chairman Lentz noted these applications are scheduled for Public Hearing on July 18, 2006.

(c) Application #305, Gail Kuziak, 4 Lot Subdivision, Beckwith Road, Map 19, Lot 22
Pat Benjamin was present representing the applicant. He noted Lot 1 was 2.7 acres, Lot 2 was 2.8 acres, Lot 3 was 4.83 acres and Lot 4 was 4.81 acres. At that time, the Code Official reviewed the septic systems which were approved as engineered systems. The Town Engineer’s letter was received today. Mr. Benjamin reviewed the 3 comments, one of which was to look at regrading the edges of the driveway to make sure the water running down was directed to the swales. Mr. Benjamin further noted there was a question at the site walk about interior stone walls. He indicated they reviewed the lot lines and wasn’t able to get the lines to conform to the regulations. He reviewed the proposed revised lot lines for Lot 1 indicating the applicant could ask for a waiver at the next meeting. At that time, the Town Engineer’s comments should be addressed as well as the Fire Protection Plan. It was agreed there would be no problem with the request for a waiver. There was further discussion regarding the swale. Chairman Lentz noted the Commission must act on this at the July 18th meeting and urged the applicant to make sure everything is complete by that date. 

(d) Special Exception #213, Terry Verni, Dog Grooming, 183 Route 81, Killingworth
Chairman Lentz noted this application was approved previously, but at a different location. Motion by Mr. Stull, second by Mr. Hayash, to approve Special Exception Application #213 as presented. PASSED UNANIMOUSLY.

6. Zoning Enforcement Officer’s Report
Ms. Jefferson noted the Graff matter has been finalized. 

Ms. Jefferson noted she spoke with Richard Leighton, Code Official, regarding Sanitation letters. Mr. Leighton indicated he is under certain constraints by the State (Bob Scully) with respect to approving septic systems and understands the confusion by the Commission in determining whether something is approved or not. He will work something out in the next couple of weeks so that the Commission will readily understand in the future whether a subdivision should be approved or not. 

Permit Log was distributed.

7. New Business
(a) Subdivision Application #306, Alan and Virginia Chapman, Beckwith Road, 2 Lot Subdivision
Don Carlson was present representing the applicant. He noted this property was immediately south of the Kuziak property. It was 7.3 acres and the Chapman house was shown as Lot 1. Lot 1 has an existing house, well and septic system and was 3.1 acres. Lot 2 was 4.07 acres and the applicant would like to construct a new house for themselves. The property was soil tested by Ed Coppola in the presence of Richard Leighton. The wetlands were flagged by Richard Snarski (small portion on Lot 1). Mr. Carlson noted they went before the Wetlands Commission and there was no concern because all activity was outside the 100 feet. The Commission was still waiting for a response from the Sanitarian and Town Engineer. Mr. Carlson also noted he sent a copy of the application to the State Archaeologist. No action was taken. This will be on the July 18th meeting.

8. Report of Officers and Subcommittees
C. Jefferson noted she is in the process of putting together a package of information regarding affordable housing and what other local towns are doing.

9. Adjournment
There being no further business, the meeting was adjourned at 8:08 PM.

Regular Meeting 892

Members Present: T. Lentz, Chairman C. Jefferson, ZEO
L. Annino
E. Hayash
S. Morgan
J. Adametz
P. Stull

Call to Order.



T. Lentz called the meeting to order at 7:36 P.M. following a scheduled Public Hearing on Special Exception Application 213 submitted by Terri Verni, application, for Special Principal Use, Commercial District, Dog Grooming, for property located at 183 Route 81 – Suite B, Killingworth, Connecticut, Tax Map 33, Parcel 21E and 21F, Zoning District Commercial, owned by Killingworth Country Commons LLC. (There was no one present representing the Application and the Hearing was adjourned, to be continued on June 20, 2006.)

Motion by Mr. Annino, seconded by Mr. Hayash to approve the May 16, 2006 Minutes amended as follows: Page 3, paragraph 7.a, next to last sentence to read, “It was the consensus of the Commission that these sections should reference the original application.” and the addition of a final sentence, “A site walk was scheduled for May 23, 2006.” and Page 4, first line to read, “….Alternates as well as regular members attend Commission proceedings.” PASSED UNANIMOUSLY



3. Visitors
a. Matt Williams reviewed proposed plans for an addition to a single-family home on Roast Meat Hill Road, for which application for Building Permit has been made. He advised the proposed addition did not include a kitchen and was intended as living quarters for the owner’s mother. The proposed addition had been reviewed with ZEO Jefferson and Commission direction was now being sought. There was considerable and detailed discussion of what constitutes an accessory apartment, a separate dwelling unit, the applicable sections of the Zoning Regulations and how they could apply in this particular instance. Mr. Lentz noted that the regulations appear to be ambiguous and if the matter were to be taken to the Zoning Board of Appeals, that Board would not receive much direction from this Commission. It was also pointed out that future use(s) of the premises could change, which might or might not be brought to the attention of the regulatory process, making the matter an enforcement issue if changes were made. Commission members agreed the applicable sections of current Regulations need to be reviewed and perhaps revised.

b. Gary Bellard was not in attendance. ZEO Jefferson advised that the dumpsters in question have been moved, although the Subway tenant was displeased with the distance to that receptacle. She also noted that all businesses are operating under a temporary Certificate of Occupancy from the Building Official and that as ZEO she has not signed off on any of them. Asked what incentives there were to secure compliance, it was noted that financial institutions would require compliance. Mr. Stull again pointed out that site lighting was still affecting vehicles and asked that it be remedied.

c. Terri Verni, now present, was advised that the Public Hearing had been opened, further information is required by the Sanitarian and that the Hearing had been extended to June 20.

4. Communications and Bills

Inland Wetlands and Watercourses Commission: Minutes of May 9, 2006 Regular Meeting.





Lot Line Revision Approval in connection with Sub-Surface Sewage Disposal System Review and Fire Protection Review for Killingworth Country Commons, 183/187 Route 81 from R.E. Leighton, Code Official.





Memorandum from ZEO Jefferson to the Planning & Zoning Commission regarding Alders Bridge Road Realignment reporting on May 18, 2006 meeting at the site, for which all parties present (ZEO Jefferson, First Selectman Klein and Mr. Adametz) had signed the memorandum.





May 15, 2006 correspondence from Nathan L. Jacobson & Associates in connection with Realignment of Alders Bridge Road.





May 18, 2006 request for bond amounts for Performance and Erosion and Sedimentation Controls for the Sherwood Forest Subdivision.





Board of Selectmen: May 22, 2006 Notice of Vote





May 22, 2006 memorandum from R.E. Leighton regarding well grading problems at New Intermediate School.





May 22, 2006 memorandum from R.E. Leighton regarding Emergency Access Gating at New Intermediate School.





May 28, 2006 memorandum from R.E. Leighton regarding Fire Retardant Wall Pad Requirements at New Intermediate School.





Board of Selectmen: May 15, 2006 Minutes of Special Meeting.





Undated correspondence from Lawrence Brown, Bellevue Construction requesting bond reduction for Ridges of Deer Lake.





May 23, 2006 request from Doug Buttendorf concerning Performance Bond estimate for Cranberry Lane Subdivision.





Board of Selectmen: May 22, 2006 Minutes of Regular Meeting.





June 2, 2006 correspondence from Kirk Hagert in connection with Erosion and Sedimentation and Performance Bond amounts for Beckwith Ridge Subdivision.





May 28, 2006 Sanitarian’s Review – Comments/Conditions in connection with Gail Kuziak Living Trust, East Side of Beckwith Road.





May 28, 2006 Sanitarian’s Review & Comments to Thomas A. Stevens & Associates in connection with The Ridges at Deer Lake, Lots 37 & 64, Buell Hill Road.





June 2, 2006 invoice #18620 from Howard and McMillan in the amount of $2,880.





Water Pollution Control Authority: Motions and Minutes of Regular Meeting of May 3, 2006.





May 27, 2006 memorandum from R.E. Leighton regarding Notice of Conversion at 26 Paper Mill Road, which now qualifies as a single-family dwelling.





June 6, 2006 request for 90-day extension to file mylar of the Bosco property from Martin Klein, First Selectman.





June 6, 2006 correspondence from Nathan L. Jacobson & Associates concerning Performance Bond for Cranberry Lane Subdivision





June 6, 2006 correspondence from Nathan L. Jacobson & Associates concerning Bond Estimate for Beckwith Ridge Subdivision.





June 6, 2006 correspondence from Nathan L. Jacobson & Associates concerning Bond Reduction for Ridges at Deer Lake.





Subdivision/Resubdivision Application in connection with Lot 64 for Ridges of Deer Lake.





Special Exception Application #215, Dean Bochanis applicant, for property located at 183 & 187 Route 81. Motion by Mr. Annino, seconded by Mr. Stull for Application for Special Exception #215, Advanced Restoration LLC, Applicant for Dean Bochanis for property located at 183 & 187 Route 81 to be added to agenda under New Business. PASSED UNANIMOUSLY





Old Business: 

Thomas Stevens, P.E. reviewed Proposed Resubdivision Maps of Lot 37 and 64 for The Ridges at Deer Lake. Memorandum from R.E. Leighton concerning the lots was noted, with particular attention to the comment that the proposal was, “…possible, but a long way from being feasible…” Mr. Stevens stated that all items in Mr. Leighton’s correspondence have been incorporated on the plans, which have also been submitted to the Town Engineer for review. Members also noted Mr. Leighton’s opinion in connection with the lots, which were originally considered to be marginal and the “need to now resubdivide these less than desirable lots further.” The Application will be taken to a Public Hearing on July 18, 2006. Mr. Stevens will notify adjoining property owners.





Application #305, Gail Kuziak, 4-Lot Subdivision, Beckwith Road, Map 19, Lot 22: There was nobody present to represent this application, which will be included on the Agenda for the June 20, 2006 meeting.





Special Exception #213, Terry Verni – Dog Grooming, 183 Route 81, Suite B: This matter has been scheduled for Continuation of Public Hearing for June 20, 2006.





Motion by Mr. Stull, seconded by Mr. Adametz to grant the Town of Killingworth a 90-day extension for filing of the mylar in connection with the Bosco property. PASSED UNANIMOUSLY.





Zoning Enforcement Officer’s Report: 



C. Jefferson reviewed names for a private road in the Hammonasset River Estates subdivision, including Bear Path, Hammonasset Trail, Riverview Road and Forest Hollow. Following discussion, Mr. Lentz advised Bear Path be selected.





Alders Bridge Road: meeting at the site was reviewed along with Memorandum from ZEO Jefferson to the Planning & Zoning Commission regarding reporting on the May 18, 2006 meeting at the site, for which all parties present (ZEO Jefferson, First Selectman Klein and Mr. Adametz) and the negotiations that led to having all parties present sign the memorandum.





Inspection of the Graff property was conducted and final letter that the site is in compliance and the enforcement action has been withdrawn will be sent. Letter has been reviewed and approved by Counsel William Howard. Note was made that the letter refers only to the site and not to any buildings or their interiors.





List of permits issued during May 2006 was distributed and reviewed with note of the revenue stream and the impact or a revised fee schedule.





Real estate signs that are often placed around town indicating property for sale are illegal and letters sent to real estate agents have not been effective in curtailing their use. Other area towns have the Public Works Department pick up the signs and take them to the town dump. With the Commission’s approval, Ms. Jefferson will speak with First Selectman Klein to ask that Killingworth initiate the same procedure. It was suggested that a “violation” sticker of appropriate size and design be considered to apply to the signs to deter their use, and that a letter be sent to the CT DOT advising that such signs are illegal in Killingworth and should not be erected on State rights of way.





New Business: 



Ron Hurlburt of Juliano Associates, representing Advanced Restoration LLC in connection with Killingworth Country Commons, LLC reviewed a proposal for lot line revisions for 183 – 187 Route 81 and a Special Exception Application for the same premises. It was noted that the lot lie revision had been reviewed by the Commission previously. Submission has been made to the Sanitarian but no response has been received at this time. The access drive had been an issue in earlier discussions and was again reviewed, with note that only the initial 30± feet would be shared by all three buildings, with access to the two buildings on the rear lot having sole use of the remaining distance. The driveway will be gravel upon installation, but may be up-graded at some time in the future. Concern was voiced about the possibility of congestion for the initial 30± feet of the drive should large or numerous vehicles attempt access/egress simultaneously. The Inland Wetlands & Watercourses Commission had scheduled a site walk but because of inclement weather, it will have to be rescheduled. Plans have been submitted to the Town Engineer for review. Location of dumpsters was reviewed, with note that they would be to the rear of the property and out of sight. Septic system and well locations, both existing and proposed were reviewed. A Public Hearing will be scheduled for July 18, 2006. Applicant was advised to get all Engineering, Sanitarian, Wetlands and associated reports on file and to make sure all items raised have been addressed prior to the Hearing. Lot line revisions will be taken up by the Commission at the same time as the Special Exception is acted upon. 





Report of Officers and Subcommittees



a. Ms. Morgan reviewed Bond matters:

The Ridges at Deer Lake, Phase III & IV: recommendation by Town Engineer to reduce the performance bond to the amount of $221,000. They have determined that substantial portions of the subdivision public improvements have been completed, including the excavation required for the subdivision road, installation of the entire storm drainage system, placement of the bituminous concrete binder, topsoil and seeding. Motion by Mr. Annino, seconded by Mr. Hayash to reduce the bond amount to $221,000 in connection with The Ridges at Deer Lake, Phase III & IV as recommended in June 6, 2006 correspondence from Nathan L. Jacobson & Associates PASSED UNANIMOUSLY.



Beckwith Ridge Subdivision, Beckwith Road & Abner Lane: recommendation by Town Engineer to set a Performance Bond in the amount of $23,000 and an Erosion Control Bond in the amount of $3,500. They have prepared a quantity estimate for proposed site improvements associated with the project and provided Opinion of Probable Construction Costs and for erosion control for the entire site. Motion by Mr. Annino, seconded by Mr. Adametz to accept the recommended bond amount of $23,000 for the Performance Bond and $3,500 for the Erosion Control Bond for the entire site in connection with Beckwith Ridge Subdivision, Beckwith Road and Abner Lane as recommended in June 6, 2006 correspondence from Nathan L. Jacobson & Associates PASSED UNANIMOUSLY.



Cranberry Lane Subdivision, Pond Meadow Road: recommendation by Town Engineer to set a Performance Bond in the amount of $256,800. They have prepared a quantity estimate for proposed site improvements associated with the subject project and recommend a Performance Bond of $256,800 to cover the public improvements. Motion by Mr. Annino, seconded by Mr. Hayash to accept the recommended bond amount of $256,800 for the Performance Bond covering the public improvements in connection with Cranberry Lane Subdivision, Pond Meadow Road as recommended in June 6, 2006 correspondence from Nathan L. Jacobson & Associates PASSED UNANIMOUSLY. It was noted that a barn on the property has to be removed; ZEO Jefferson will follow up on this matter.



b. Commission members discussed briefly concerns and issues raised earlier in the meeting in connection with accessory apartments, duplex homes, etc. and asked ZEO Jefferson to look at regulations from other area towns. The issue will be revisited at a future meeting.

9. Adjournment

There being no further business, the meeting was adjourned at 8:56 P.M.