Regular Meeting 894
It is noted for the record that public hearings were held for the following –
Subdivision Application #303 submitted by Deer Lake II, LLC, applicant/owner, for Resubdivision of Lot 37, for property located at 302 Route 80, Killingworth, Connecticut, Tax Map #27, Parcel #12A, Rural Residential Zone. CLOSED.
Subdivision Application #304 submitted by Deer Lake II, LLC, applicant/owner, for Resubdivision of Lot 64, for property located at 302 Route 80, Killingworth, Connecticut, Tax Map #27, parcel #12A, Rural Residential Zone. CLOSED.
Special Exception Application #215 submitted by Advanced Restoration LLC, applicant, for Special Principal Use, Commercial District, Retail, for property located at 183-187 Route 81, Killingworth, Connecticut, Tax Map 33, Parcel 21E & 21F, Zoning District Commercial, owned by Killingworth Country Commons LLC. CONTINUED TO AUGUST 1, 2006
Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino
P. Stull
E. Hayash
S. Morgan
J. Adametz
1. Call to Order
T. Lentz called the meeting to order at 8:23 PM immediately following the above noted public hearings.
Motion by Stull, second by Annino, to add the Kuziak Subdivision to the Agenda under Old Business. PASSED UNANIMOUSLY.
2. Minutes of Regular Meeting No. 893 Held June 20, 2006
Motion by Morgan, second by Hayash,to approve June 20, 2006 Minutes with the addition of the list of attendees as follows – T. Lentz, P. Stull, E. Hayash, J. Adametz and D. Gross (seated for S. Morgan) and P. McGuinness (seated for L. Annino). W. Haydon, non-voting alternate was also in attendance. PASSED UNANIMOUSLY.
3. Visitors
Roger Nemergut noted he was present regarding the Adametz property at 187 Schnoor Road. They would like to create a lot for son, Jeremy. The lot was originally 50 acres, but is now 3 lots with 3 houses. Mr. Nemergut reviewed the 3 lots. He pointed out the location for the new lot reviewing wetlands and driveway. He reviewed the private road regulations noting they would have to get a wetlands permit if they increased the width of the driveway. Not sure that would be viable. A second possibility is to eliminate the private road and give the lot 200 feet of frontage on Schnoor Road. That would require access to Lot 4 to be over a right of way thru Lot 2 and a variance would be required for that. A third possibility would be to develop the private road and to switch the interior from Walter’s to Jeremy’s so there would still be 1 interior lot. Walter’s lot would then have full frontage. Lot 4 would have 25 feet of frontage and be an interior lot. Mr. Annino noted he thought this would be a classic case for a variance. Chairman Lentz noted the ZBA cannot grant variances of Subdivision Regulations. Mr. Nemergut noted ZBA could grant a variance of the Zoning Regulations. There was discussion about asking for a waiver of either the Subdivision Regulations or the Road Regulations having to do with the private road width through the wetlands. There was much discussion regarding the frontage, whether there should be a waiver request, whether there should be a private road or whether there should be a variance request. There was discussion about the location of the wetlands and having a common driveway. It was noted the Planning & Zoning Commission can waive the Subdivision Regulations, but the Zoning Board of Appeals would have to grant a variance to Zoning Regulations. Mr. Nemergut asked if the P&ZC would oppose a variance if requested. Mr. Annino noted his concern would be putting more houses along the frontage at a later time. No action was taken.
Charles Elias noted he was representing Sherwood Forest Subdivision. He reviewed the private road and cul-de-sac and the driveway to Lots 5 and 6. He was present to discuss a rerouting of the driveway. Mr. Elias reviewed the new proposal which would avoid the wetlands crossing in its entirety and is much shorter requiring almost no grading. Chairman Lentz noted the Commission would not want to approve driveways with easements across other lots as that would create a nightmare. No action was taken.
4. Communications and Bills
(1) Invitation to Reception in Honor of Killingworth’s First Selectmen, Past to Present, on Friday, July 7, 2006.
(2) Letter from Bill and Sue Browne, 17 Stevens Road, to Larry Brown and Son dated 5/3/06 regarding repair of stone wall.
(3) Notification of “Connecticut’s Coastal and Estuarine Land Conservation Programs” to be held on July 20 and 27, 2006.
(4) Copy of Board of Selectmen Minutes from June 14, 2006.
(5) Connecticut Federation of Planning & Zoning Agencies invoice for Membership Dues through March 2007.
(6) Copy of Board of Selectmen Notice of Vote June 26, 2006.
(7) Town of Madison Land Use Office letter dated June 23, 2006 Re: IWA Application 06-47, 36 Creamery Lane.
(8) Copy of Water Pollution Control Authority Minutes June 7, 2006.
(9) Copy of Board of Selectmen Minutes June 26, 2006.
(10) Copy of Report from Park & Recreation Commission regarding Wettish property (P&Z Member took report to review).
(11) Letter from Inland Wetlands and Watercourses Commission dated 6/26/06 Re Alan and Virginia Chapman Subdivision.
(12) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated July 3, 2006 Re Alan and Virginia Chapman, Fire Protection Review.
(13) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated July 3, 2006 Re Alan and Virginia Chapman, Sanitarian’s Review, Favorable Comments/Conditions.
(14) Final Subdivision Plan for Alan and Virginia Chapman, Revised June 15, 2006.
(15) Legal Notice Publication for Advanced Restoration LLC and Resubdivision of Lot 37 & 64, The Ridges at Deer Lake.
(16) Letter from Cathie S. Jefferson to Chris Lundberg dated 7/6/06 Re Cease & Desist.
(17) Invoice from Howard & McMillan Re Graff dated July 6, 2006.
(18) Copy of Inland Wetlands & Watercourses Commission Minutes June 27, 2006.
(19) Letter from Richard E. Leighton, Code Official, to Aart Vanwillgen, Re 21 Kenilworth Drive, Final Notice to Abate Serious Health Violation.
(20) Letter from Richard E. Leighton, Code Official, to Chris Lundberg, 63 Iron Works Road, Notice to Abate Serious Health Violation.
(21) Letter from Richard E. Leighton, Code Official, to Chris Lundberg, 63 Iron Works Road, Notice of Unsafe Structure (unsupported chimney).
(22) Copy of Water Pollution Control Authority Minutes July 5, 2006.
(23) Legal Notice Publication for Advanced Restoration LLC and Resubdivision of Lots 37 and 64, The Ridges of Deer Lake.
(24) Letter from Town of Westbrook Zoning to Killingworth Town Clerk dated July 11, 2006 Re Petition to Amend Westbrook Zoning Regulations, Change of Zone Boundary from MDR to ID, May 36, Lots E3A, W1, E2A.
(25) Letter from Donald R. Carlson to Killingworth Planning & Zoning Commission dated July 13, 2006 Re Sherwood Forest Subdivision, Request for 90 day extension for filing mylar.
(26) Copy of pending ZBA application for John Kozak.
(27) Copy of Park & Recreation Commission Agenda for July 19th to discuss plans for fields at the Wettish property.
(28) Invoice from Connecticut DEP for “What’s Legally Required” books.
(29) Original letter from Jacobson & Associates dated June 20, 2006 Re Kuziak Subdivision Engineering Review.
(30) Memo and letter from Jacobson & Associates dated July 17 and 18, 2006 Re Kuziak Subdivision.
(31) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated July 17, 2006 Re Gail Kuziak Living Trust, Fire Protection Proposal, Approved.
(32) Three letters from Bascom & Benjamin (2 dated July 7, 2006 and 1 dated July 13, 2006) Re Gail Kuziak Living Trust.
(33) Letter from R. E. Leighton, Code Official, to Joel Guay dated July 17, 2006 Re Proposed Residential Horse Barn, Review & Comment.
(34) Letter from Jacobson & Associates to Planning & Zoning Commission dated July 17, 2006 Re The Ridges at Deer Lake, Phase III & IV, Bond Reduction.
(35) Affidavit of Publication for Terri Verni for Notice of Decision.
(36) Plans for The Ridges at Deer Lake.
(37) Letter from Inland Wetlands & Watercourses Commission (no date) Re Deer Lake II LLC, Lots 37 & 64.
(38) Letter from Donald Venuti to Planning & Zoning Board dated July 18, 2006 supporting The Ridges at Deer Lake Subdivision proposal.
(39) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated July 15, 2006 Re The Ridges at Deer Lake, Fire Protection Review/Approval.
(40) Fax copies of 2 letters from Jacobson & Associates dated July 17, 2006 Re The Ridges at Deer Lake, Engineering Review, for Lots 37 & 64.
(41) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated June 9, 2006 Re The Ridges at Deer Lake, Sanitarian Review Comments/Conditions.
(42) Letter from Richard E. Leighton, Code Official, to Tom Stevens dated May 28, 2006 Re The Ridges at Deer Lake, Lots 37 & 64, Review & Comments.
(43) Drawing relative to 183 Route 81.
(44) Letter from Jacobson & Associates dated July 17, 2006 Re Killingworth Country Commons, Engineering Review.
(45) Memo from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated July 17, 2006 Re Killingworth Country Commons, Lot Line Revision(s)/Special Exception Application Approvals.
5. Old Business
(a) Application #303, Resubdivision of Lot 37, The Ridges at Deer Lake
(b) Application #304, Resubdivision of Lot 64, The Ridges at Deer Lake
Chairman Lentz noted all reports have been received. The Sanitarian’s letter was briefly reviewed. The Town Engineer recommended a note be added to the Plan stating the driveway with a grade of greater than 10% should be paved. Tom Stevens agreed to insert that note. Fire Protection Review approval was received from Mr. Leighton. Chairman Lentz read a note from the Wetlands Commission indicating no new wetlands permits would be required. Motion by Stull, second by Hayash, to approve Application #303, Resubdivision of Lot 37, as presented. PASSED UNANIMOUSLY. Motion by Stull, second by Adametz, to approve Application #304, Resubdivision of Lot 64, as presented. PASSED UNANIMOUSLY.
(c) Application #306, Alan Chapman, Beckwith Road, 2 Lot Subdivision
Don Carlson noted the letter from Wetlands was received as well as the two letters from the Code Official. Mr. Carlson indicated nothing has been received from the State Archeologist and no news is good news. Chairman Lentz indicated favorable comments/conditions were received from the Sanitarian. No additional Fire Protection was required because this is only 2 lots. The Wetlands Commission identified no new wetland impacts and no new permits will be required. Motion by Hayash, second by Stull, to approve 2 Lot Subdivision Application #306 as presented. PASSED UNANIMOUSLY.
(d) Special Exception Application #215 Advanced Restoration LLC, for Special Principal Use, Commercial District, Retail, for property located at 183-187 Route 81, Killingworth, Connecticut
Chairman Lentz noted this public hearing was continued until the next meeting.
(e) Application #305, Kuziak Subdivision
Chairman Lentz noted the Fire Protection issue has been worked out. The Kuziaks will be making a $20,000 contribution to the Town of Killingworth for the benefit of the Killingworth Fire Department to be earmarked for fire protection facilities and in return will use the fire protection tank across the street. It was noted there were 3 letters received from the Town Engineer and it appears all issues have been resolved. Pat Benjamin from Bascom & Benjamin briefly reviewed the driveway issues noted by the Town Engineer. Mr. Benjamin also noted they recalculated the lots after the last meeting putting the wall entirely on Lot 1. This recalculation allows all interior stone walls to allow on one parcel. Chairman Lentz explained that to do this two of the lots would be slightly smaller than required and it was felt the gain was worth granting the waivers. It was noted the Sanitarian’s comments were received and required engineered systems for the two lots. Motion by Stull, second by Adametz, to approve the waiver request (letter of Bascom & Benjamin dated 7/7/06) of Subdivision Regulation 4.5 reducing the net buildable lot size of Lot 2 by 0.24 acres and Lot 3 by 0.42 acres. PASSED UNANIMOUSLY. Motion by Stull, second by Hayash, to approve Subdivision Application #305 as presented. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer’s Report
(a) C. Jefferson briefly reviewed the Cease & Desist Order to Chris Lundberg regarding unregistered motor vehicles and truck roll off. The signed certified mail receipt has been received and Ms. Jefferson is just waiting for the 30 day appeal period to run before initiating any further action.
(b) C. Jefferson noted the Food Inspector has a concern about all the dumpsters at the Shopping Village being at one side. The Inspector feels the dumpsters should be on both ends. There may be an additional plan coming in for this matter.
(c) C. Jefferson noted the Town will be coming in probably at the next meeting for a review of the purchase of the point of Gary Bellard’s property at Green Hill Road. This will go to the Board of Selectmen next week, then Planning & Zoning and then a Town Meeting.
(d) C. Jefferson noted Roger Nemergut and Bob Dowler made a presentation to the Wetlands Commission relative to the Killingworth Commons (property behind the Trooper’s Office) because there is a potential for Killingworth True Value to build there. This is just in the preliminary stages currently.
(e) C. Jefferson reviewed a parcel at the back of Keith Circle with only a 25 foot access to the portion in Killingworth that is only 2 acres. The rest of the property is in the Town of Clinton. This doesn’t meet the Killingworth Regulations for net buildable or rear lots. A letter was received from Attorney Bill Howard two years ago saying it did not meet the Zoning Regulations and a variance could be requested. Ms. Jefferson noted she has been discussing this issue with the property owner for quite some time and finally received an application which she will be denying. This denial can be appealed to the Zoning Board of Appeals within the required time period.
(f) C. Jefferson distributed copies of the “What’s Legally Required” to those members who did not have them.
(g) C. Jefferson reviewed a response from Attorney Bill Howard relative to participation of alternates. Mr. Howard noted alternates may participate during the public hearing process, but if they are not voting on a specific issue should not participate during the deliberation session.
(h) C. Jefferson briefly reviewed information on the definition of accessory apartments and what was attached. This info was passed along to Chairman Lentz for review.
7. New Business
Chairman Lentz noted a 90 day extension for filing the mylar for Sherwood Forest Subdivision was being requested due to the fact a couple of issues are still unresolved with the Town Engineer. Motion by Stull, second by Hayash, to approve the 90 day extension request for filing of the mylar for Sherwood Forest Subdivision. PASSED UNANIMOUSLY.
8. Report of Officers and Subcommittees
Bond Committee Chairman Morgan reviewed the letter from the Town Engineer recommending a bond reduction to $190,000 for The Ridges at Deer Lake. Motion by Morgan, second by Stull, to approve the bond reduction to $190,000 for The Ridges at Deer Lake as noted in the Town Engineer’s letter. PASSED UNANIMOUSLY.
9. Adjournment
There being no further business, the meeting adjourned at 9:48 PM.
Subdivision Application #303 submitted by Deer Lake II, LLC, applicant/owner, for Resubdivision of Lot 37, for property located at 302 Route 80, Killingworth, Connecticut, Tax Map #27, Parcel #12A, Rural Residential Zone. CLOSED.
Subdivision Application #304 submitted by Deer Lake II, LLC, applicant/owner, for Resubdivision of Lot 64, for property located at 302 Route 80, Killingworth, Connecticut, Tax Map #27, parcel #12A, Rural Residential Zone. CLOSED.
Special Exception Application #215 submitted by Advanced Restoration LLC, applicant, for Special Principal Use, Commercial District, Retail, for property located at 183-187 Route 81, Killingworth, Connecticut, Tax Map 33, Parcel 21E & 21F, Zoning District Commercial, owned by Killingworth Country Commons LLC. CONTINUED TO AUGUST 1, 2006
Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino
P. Stull
E. Hayash
S. Morgan
J. Adametz
1. Call to Order
T. Lentz called the meeting to order at 8:23 PM immediately following the above noted public hearings.
Motion by Stull, second by Annino, to add the Kuziak Subdivision to the Agenda under Old Business. PASSED UNANIMOUSLY.
2. Minutes of Regular Meeting No. 893 Held June 20, 2006
Motion by Morgan, second by Hayash,to approve June 20, 2006 Minutes with the addition of the list of attendees as follows – T. Lentz, P. Stull, E. Hayash, J. Adametz and D. Gross (seated for S. Morgan) and P. McGuinness (seated for L. Annino). W. Haydon, non-voting alternate was also in attendance. PASSED UNANIMOUSLY.
3. Visitors
Roger Nemergut noted he was present regarding the Adametz property at 187 Schnoor Road. They would like to create a lot for son, Jeremy. The lot was originally 50 acres, but is now 3 lots with 3 houses. Mr. Nemergut reviewed the 3 lots. He pointed out the location for the new lot reviewing wetlands and driveway. He reviewed the private road regulations noting they would have to get a wetlands permit if they increased the width of the driveway. Not sure that would be viable. A second possibility is to eliminate the private road and give the lot 200 feet of frontage on Schnoor Road. That would require access to Lot 4 to be over a right of way thru Lot 2 and a variance would be required for that. A third possibility would be to develop the private road and to switch the interior from Walter’s to Jeremy’s so there would still be 1 interior lot. Walter’s lot would then have full frontage. Lot 4 would have 25 feet of frontage and be an interior lot. Mr. Annino noted he thought this would be a classic case for a variance. Chairman Lentz noted the ZBA cannot grant variances of Subdivision Regulations. Mr. Nemergut noted ZBA could grant a variance of the Zoning Regulations. There was discussion about asking for a waiver of either the Subdivision Regulations or the Road Regulations having to do with the private road width through the wetlands. There was much discussion regarding the frontage, whether there should be a waiver request, whether there should be a private road or whether there should be a variance request. There was discussion about the location of the wetlands and having a common driveway. It was noted the Planning & Zoning Commission can waive the Subdivision Regulations, but the Zoning Board of Appeals would have to grant a variance to Zoning Regulations. Mr. Nemergut asked if the P&ZC would oppose a variance if requested. Mr. Annino noted his concern would be putting more houses along the frontage at a later time. No action was taken.
Charles Elias noted he was representing Sherwood Forest Subdivision. He reviewed the private road and cul-de-sac and the driveway to Lots 5 and 6. He was present to discuss a rerouting of the driveway. Mr. Elias reviewed the new proposal which would avoid the wetlands crossing in its entirety and is much shorter requiring almost no grading. Chairman Lentz noted the Commission would not want to approve driveways with easements across other lots as that would create a nightmare. No action was taken.
4. Communications and Bills
(1) Invitation to Reception in Honor of Killingworth’s First Selectmen, Past to Present, on Friday, July 7, 2006.
(2) Letter from Bill and Sue Browne, 17 Stevens Road, to Larry Brown and Son dated 5/3/06 regarding repair of stone wall.
(3) Notification of “Connecticut’s Coastal and Estuarine Land Conservation Programs” to be held on July 20 and 27, 2006.
(4) Copy of Board of Selectmen Minutes from June 14, 2006.
(5) Connecticut Federation of Planning & Zoning Agencies invoice for Membership Dues through March 2007.
(6) Copy of Board of Selectmen Notice of Vote June 26, 2006.
(7) Town of Madison Land Use Office letter dated June 23, 2006 Re: IWA Application 06-47, 36 Creamery Lane.
(8) Copy of Water Pollution Control Authority Minutes June 7, 2006.
(9) Copy of Board of Selectmen Minutes June 26, 2006.
(10) Copy of Report from Park & Recreation Commission regarding Wettish property (P&Z Member took report to review).
(11) Letter from Inland Wetlands and Watercourses Commission dated 6/26/06 Re Alan and Virginia Chapman Subdivision.
(12) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated July 3, 2006 Re Alan and Virginia Chapman, Fire Protection Review.
(13) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated July 3, 2006 Re Alan and Virginia Chapman, Sanitarian’s Review, Favorable Comments/Conditions.
(14) Final Subdivision Plan for Alan and Virginia Chapman, Revised June 15, 2006.
(15) Legal Notice Publication for Advanced Restoration LLC and Resubdivision of Lot 37 & 64, The Ridges at Deer Lake.
(16) Letter from Cathie S. Jefferson to Chris Lundberg dated 7/6/06 Re Cease & Desist.
(17) Invoice from Howard & McMillan Re Graff dated July 6, 2006.
(18) Copy of Inland Wetlands & Watercourses Commission Minutes June 27, 2006.
(19) Letter from Richard E. Leighton, Code Official, to Aart Vanwillgen, Re 21 Kenilworth Drive, Final Notice to Abate Serious Health Violation.
(20) Letter from Richard E. Leighton, Code Official, to Chris Lundberg, 63 Iron Works Road, Notice to Abate Serious Health Violation.
(21) Letter from Richard E. Leighton, Code Official, to Chris Lundberg, 63 Iron Works Road, Notice of Unsafe Structure (unsupported chimney).
(22) Copy of Water Pollution Control Authority Minutes July 5, 2006.
(23) Legal Notice Publication for Advanced Restoration LLC and Resubdivision of Lots 37 and 64, The Ridges of Deer Lake.
(24) Letter from Town of Westbrook Zoning to Killingworth Town Clerk dated July 11, 2006 Re Petition to Amend Westbrook Zoning Regulations, Change of Zone Boundary from MDR to ID, May 36, Lots E3A, W1, E2A.
(25) Letter from Donald R. Carlson to Killingworth Planning & Zoning Commission dated July 13, 2006 Re Sherwood Forest Subdivision, Request for 90 day extension for filing mylar.
(26) Copy of pending ZBA application for John Kozak.
(27) Copy of Park & Recreation Commission Agenda for July 19th to discuss plans for fields at the Wettish property.
(28) Invoice from Connecticut DEP for “What’s Legally Required” books.
(29) Original letter from Jacobson & Associates dated June 20, 2006 Re Kuziak Subdivision Engineering Review.
(30) Memo and letter from Jacobson & Associates dated July 17 and 18, 2006 Re Kuziak Subdivision.
(31) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated July 17, 2006 Re Gail Kuziak Living Trust, Fire Protection Proposal, Approved.
(32) Three letters from Bascom & Benjamin (2 dated July 7, 2006 and 1 dated July 13, 2006) Re Gail Kuziak Living Trust.
(33) Letter from R. E. Leighton, Code Official, to Joel Guay dated July 17, 2006 Re Proposed Residential Horse Barn, Review & Comment.
(34) Letter from Jacobson & Associates to Planning & Zoning Commission dated July 17, 2006 Re The Ridges at Deer Lake, Phase III & IV, Bond Reduction.
(35) Affidavit of Publication for Terri Verni for Notice of Decision.
(36) Plans for The Ridges at Deer Lake.
(37) Letter from Inland Wetlands & Watercourses Commission (no date) Re Deer Lake II LLC, Lots 37 & 64.
(38) Letter from Donald Venuti to Planning & Zoning Board dated July 18, 2006 supporting The Ridges at Deer Lake Subdivision proposal.
(39) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated July 15, 2006 Re The Ridges at Deer Lake, Fire Protection Review/Approval.
(40) Fax copies of 2 letters from Jacobson & Associates dated July 17, 2006 Re The Ridges at Deer Lake, Engineering Review, for Lots 37 & 64.
(41) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated June 9, 2006 Re The Ridges at Deer Lake, Sanitarian Review Comments/Conditions.
(42) Letter from Richard E. Leighton, Code Official, to Tom Stevens dated May 28, 2006 Re The Ridges at Deer Lake, Lots 37 & 64, Review & Comments.
(43) Drawing relative to 183 Route 81.
(44) Letter from Jacobson & Associates dated July 17, 2006 Re Killingworth Country Commons, Engineering Review.
(45) Memo from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated July 17, 2006 Re Killingworth Country Commons, Lot Line Revision(s)/Special Exception Application Approvals.
5. Old Business
(a) Application #303, Resubdivision of Lot 37, The Ridges at Deer Lake
(b) Application #304, Resubdivision of Lot 64, The Ridges at Deer Lake
Chairman Lentz noted all reports have been received. The Sanitarian’s letter was briefly reviewed. The Town Engineer recommended a note be added to the Plan stating the driveway with a grade of greater than 10% should be paved. Tom Stevens agreed to insert that note. Fire Protection Review approval was received from Mr. Leighton. Chairman Lentz read a note from the Wetlands Commission indicating no new wetlands permits would be required. Motion by Stull, second by Hayash, to approve Application #303, Resubdivision of Lot 37, as presented. PASSED UNANIMOUSLY. Motion by Stull, second by Adametz, to approve Application #304, Resubdivision of Lot 64, as presented. PASSED UNANIMOUSLY.
(c) Application #306, Alan Chapman, Beckwith Road, 2 Lot Subdivision
Don Carlson noted the letter from Wetlands was received as well as the two letters from the Code Official. Mr. Carlson indicated nothing has been received from the State Archeologist and no news is good news. Chairman Lentz indicated favorable comments/conditions were received from the Sanitarian. No additional Fire Protection was required because this is only 2 lots. The Wetlands Commission identified no new wetland impacts and no new permits will be required. Motion by Hayash, second by Stull, to approve 2 Lot Subdivision Application #306 as presented. PASSED UNANIMOUSLY.
(d) Special Exception Application #215 Advanced Restoration LLC, for Special Principal Use, Commercial District, Retail, for property located at 183-187 Route 81, Killingworth, Connecticut
Chairman Lentz noted this public hearing was continued until the next meeting.
(e) Application #305, Kuziak Subdivision
Chairman Lentz noted the Fire Protection issue has been worked out. The Kuziaks will be making a $20,000 contribution to the Town of Killingworth for the benefit of the Killingworth Fire Department to be earmarked for fire protection facilities and in return will use the fire protection tank across the street. It was noted there were 3 letters received from the Town Engineer and it appears all issues have been resolved. Pat Benjamin from Bascom & Benjamin briefly reviewed the driveway issues noted by the Town Engineer. Mr. Benjamin also noted they recalculated the lots after the last meeting putting the wall entirely on Lot 1. This recalculation allows all interior stone walls to allow on one parcel. Chairman Lentz explained that to do this two of the lots would be slightly smaller than required and it was felt the gain was worth granting the waivers. It was noted the Sanitarian’s comments were received and required engineered systems for the two lots. Motion by Stull, second by Adametz, to approve the waiver request (letter of Bascom & Benjamin dated 7/7/06) of Subdivision Regulation 4.5 reducing the net buildable lot size of Lot 2 by 0.24 acres and Lot 3 by 0.42 acres. PASSED UNANIMOUSLY. Motion by Stull, second by Hayash, to approve Subdivision Application #305 as presented. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer’s Report
(a) C. Jefferson briefly reviewed the Cease & Desist Order to Chris Lundberg regarding unregistered motor vehicles and truck roll off. The signed certified mail receipt has been received and Ms. Jefferson is just waiting for the 30 day appeal period to run before initiating any further action.
(b) C. Jefferson noted the Food Inspector has a concern about all the dumpsters at the Shopping Village being at one side. The Inspector feels the dumpsters should be on both ends. There may be an additional plan coming in for this matter.
(c) C. Jefferson noted the Town will be coming in probably at the next meeting for a review of the purchase of the point of Gary Bellard’s property at Green Hill Road. This will go to the Board of Selectmen next week, then Planning & Zoning and then a Town Meeting.
(d) C. Jefferson noted Roger Nemergut and Bob Dowler made a presentation to the Wetlands Commission relative to the Killingworth Commons (property behind the Trooper’s Office) because there is a potential for Killingworth True Value to build there. This is just in the preliminary stages currently.
(e) C. Jefferson reviewed a parcel at the back of Keith Circle with only a 25 foot access to the portion in Killingworth that is only 2 acres. The rest of the property is in the Town of Clinton. This doesn’t meet the Killingworth Regulations for net buildable or rear lots. A letter was received from Attorney Bill Howard two years ago saying it did not meet the Zoning Regulations and a variance could be requested. Ms. Jefferson noted she has been discussing this issue with the property owner for quite some time and finally received an application which she will be denying. This denial can be appealed to the Zoning Board of Appeals within the required time period.
(f) C. Jefferson distributed copies of the “What’s Legally Required” to those members who did not have them.
(g) C. Jefferson reviewed a response from Attorney Bill Howard relative to participation of alternates. Mr. Howard noted alternates may participate during the public hearing process, but if they are not voting on a specific issue should not participate during the deliberation session.
(h) C. Jefferson briefly reviewed information on the definition of accessory apartments and what was attached. This info was passed along to Chairman Lentz for review.
7. New Business
Chairman Lentz noted a 90 day extension for filing the mylar for Sherwood Forest Subdivision was being requested due to the fact a couple of issues are still unresolved with the Town Engineer. Motion by Stull, second by Hayash, to approve the 90 day extension request for filing of the mylar for Sherwood Forest Subdivision. PASSED UNANIMOUSLY.
8. Report of Officers and Subcommittees
Bond Committee Chairman Morgan reviewed the letter from the Town Engineer recommending a bond reduction to $190,000 for The Ridges at Deer Lake. Motion by Morgan, second by Stull, to approve the bond reduction to $190,000 for The Ridges at Deer Lake as noted in the Town Engineer’s letter. PASSED UNANIMOUSLY.
9. Adjournment
There being no further business, the meeting adjourned at 9:48 PM.
