Regular Meeting 896

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

1. Call to Order
T. Lentz called the meeting to order at 7:30 PM.

2. Minutes of Regular Meeting No. 895 Held August 1, 2006
Motion by Hayash, second by Stull, to approve the August 1, 2006 Minutes as presented. PASSED UNANIMOUSLY.

3. Visitors
Ed Coppola was present representing Mike and Ron Amato regarding property on Route 81. They are proposing a 2 lot subdivision and will be coming in with a site plan review. Mr. Coppola presented a preliminary site development plan for three buildings on each lot. The property is 4.8 acres just south of the Day Care Center. The property is in both a commercial and residential zone. Mr. Coppola pointed out the zone line on the plan. He reviewed each of the proposed buildings. Lot #1 - Building #1 - 2100 square feet; Building #2 - 2,100 square feet; Building #3 - 3600 square feet - total of 7800 square feet for the 3 buildings. Lot #2 - Building #1 - 2080 square feet; Building #2 - 2080 square feet; Building #3 - 1800 square feet (two stories) - total of 5960 square feet for 3 buildings on Lot 2. Chairman Lentz asked about lot coverage. Mr. Coppola noted Lot #1 was 7.6 percent and Lot #2 was 5.4 percent (allowed 25 percent on both lots). Lot #1 has a total of 2.11 acres with 1.71 acres being commercial. The percentages are based on commercial. Lot #2 has a total of 2.74 acres with 1.25 acres being commercial. Mr. Coppola noted the first floor would be retail and professional offices on the second floor. The process for subdivision, site plan approval and special exception was discussed. Ms. Jefferson noted in the past these have all been done together. Chairman Lentz noted it would be best if the Commission could look at the whole project (subdivision and buildings) all together. Mr. Coppola noted he would be contacting the State shortly. Chairman Lentz suggested Mr. Coppola talk with wetlands and Dick Leighton ahead of time too. Once the application is submitted, there will be deadlines to be met. Mr. Coppola indicated he has talked with Mr. Leighton but has not discussed this with the Wetlands Commission yet. Ms. Jefferson noted there were some wetlands on the back of the property. Chairman Lentz noted there should be design elevations for each building if they are different.

June Jaouen-Viglioto from June's Outback (184 Route 81) was present. Ms. Viglioto noted she would like to rent the area next door where the dog groomer moved out and expand their business to make the area bigger. There will be no changes to the outside building. They will be applying for a small outside patio. Chairman Lentz noted the question is whether this is a modification or a whole new Special Exception. It was noted a Statement of Use would also be required. Ms. Jefferson noted the prior Statement of Use should probably be updated as far as number of tables, employees, hours, etc. Commission members suggested a copy of the original application should be submitted along with any changes proposed. It was decided this would be a modification to the previously approved Special Exception.

4. Communications and Bills
(1) Affidavits of Publication and Legal Notice Publication for The Ridges at Deer Lake and Kuziak and Chapman Subdivisions.

(2) Original letter from Jacobson & Associates dated August 1, 2006 Re Killingworth Country Commons, 183-187 Route 81, Engineering Review.

(3) Invoice from Technique Printers for printing of Zoning Regulations.

(4) Inland Wetlands Minutes from 7/25/06.

(5) Invoice from Hartford Courant for various legal notices covering all departments which will be turned over to the accounting department.

(6) Letter from State Traffic Commission dated July 28, 2006 Re Major Traffic Generators, Certificates of Operation.

(7) Letter from Land Use Leadership Alliance dated August 3, 2006 relating to a leadership program for the National Fish and Wildlife Foundation.

(8) Letter from Cathie S. Jefferson to June Sullivan dated 8/10/06 Re Zoning Violation (illegal apartment).

(9) Letter from R. E. Leighton, Code Official, to Lawrence Anderson dated August 15, 2006 Re Application for Driveway, 243 Roast Meat Hill Road, Disapproval of Application.

(10) Letter from the State regarding restoration work at Chatfield Hollow State Park.

5. Old Business - none.

6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted the time for an appeal of the Lundberg Cease & Desist Order (65 Iron Works Road) has passed and nothing has been done to clean up the property. The question is should this now go to the Commission attorney. This will be turned over to Attorney Howard for follow up.

(b) C. Jefferson reviewed the illegal apartment at 222 Reservoir Road. A letter has been sent to the property owner who will be coming in to ask for an accessory apartment.

(c) C. Jefferson noted she spoke to Gary Bellard about the lighting and he has nothing to do with it as CL&P installed the lights. CL&P will be coming down and angle the lights differently so they are not a nuisance.

7. New Business - none.

8. Report of Officers and Subcommittees
The issue of resignations and appointments to the Planning & Zoning Commission was reviewed. Chairman Lentz read a sample letter that he receives from the Town Clerk when a member resigns. There is some conflict as to how the alternates are appointed and what is stated in the Town Charter. Mr. Stull reviewed what had taken place at the Board of Selectmen meeting where this issue was discussed. There was also discussion about rotation of alternates as stated in the Charter. It was suggested a letter go to the Charter Revision Committee indicating this is actually a complicated issue and requires much further study.

There was a brief discussion regarding the "old cars" parked out behind the Fire Department. J. Adametz asked if this was a new parking lot. C. Jefferson noted she would inquire as to the intent of this area.

9. Adjournment
There being no further business, the meeting adjourned at 8:25 PM.

Regular Meeting 895

It is noted for the record there was a continued public hearing for Special Exception Application #215 submitted by Advanc4ed 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. The hearing was closed at 7:51 PM.

Present: T. Lentz, Chairman C. Jefferson, ZEO
L. Annino
J. Adametz
E. Hayash
P. Stull
D. Gross (seated for S. Morgan)
P. McGuinness (non-seated alternate)

Regular Meeting -
1. Call to Order
T. Lentz called the meeting to order at 7:52 PM.

2. Minutes of Regular Meeting No. 894 Held July 18, 2006
Motion made Annino, seconded by Stull, to approve July 18, 2006 Minutes amended as follows -
" Page 1, Paul McGuinness and David Gross should be listed as attendees as alternates.
" Page 4, Item 10, it should be noted Paul McGuinness took the Park & Rec Report to review.
PASSED UNANIMOUSLY.

3. Visitors
Roger Nemergut was present to continue informal discussion regarding the Adametz property on Schnoor Road. Mr. Nemergut noted he previously reviewed options on how to create one more lot on this property. He reviewed the existing 3 lots noting it is the intention to create a 4th lot. Mr. Nemergut noted the existing house lot has 200 feet of frontage. The new proposal is to give the new Lot #4 200 feet of frontage on Schnoor Road and take Walter Adametz's lot on Schnoor Road and give that 200 feet of frontage. Mr. Nemergut noted this would give all the lots a minimum of 200 feet of frontage. He indicated additional wetlands flagging was done on the property. There is a substantial area of road frontage that is not mapped as wetlands and this would allow us, if agreeable by the commission, to revise the lot lines between the proposed Lot #4 and existing Lot #2. A new driveway would be created for access on Lot #2 and the existing driveway to Lot #2 would be for the new proposed lot. At the point of the wetlands crossing, the driveway would be combined and after the crossing, the driveways would then be separated to go to the individual lots. Mr. Nemergut noted that based on a prior subdivision approval, there would be a 7.3 acre minimum requirement of Open Space. Chairman Lentz noted if this meets subdivision regulations, then an application could be submitted. The Commission doesn't particularly like the flag lots but the regulations don't prohibit them. He also noted a common driveway has been allowed in the past over wetlands crossings to minimize environmental impact. There was additional discussion regarding the flag lots, the common driveway (and proper easements), the frontage and the size of the lots.

4. Communications and Bills
(1) Original letter from Jacobson & Associates dated July 17, 2006 Re Killingworth Country Commons, 183-187 Route 81, Engineering Review.

(2) Fax letter from Jacobson & Associates dated August 1, 2006 Re Killingworth Country Commons, 183-187 Route 81, Engineering Review.

(3) Copy of letter from Juliano Associates to Joseph M. Dillon dated July 24, 2006 Re Killingworth Country Commons.

(4) Property & Topographic Survey Land of Killingworth Country Commons, LLC consisting of 4 sheets with various dates.

(5) Rendering of the building for Killingworth Country Commons dated 7/31/06 by Deep River Computing, Edward Zwingman.

(6) Copy of Inland Wetlands & Watercourses Commission Minutes July 11, 2006.

(7) Copy of Killingworth Board of Selectmen Notice of Vote and Minutes from July 24, 2006.

(8) Copy of Killingworth Board of Selectmen Minutes from July 10, 2006.
(9) Copy of letter from R. E. Leighton, Code Official, to Nemergut Consulting dated July 24, 2006 Re DeOrchis Property, Proposed Residential Lot.

(10) Copy of letter from Cathie S. Jefferson to MJM Land Development dated 7/27/06 Re zoning approval for parcel of property accessed from James Vincent Drive in Clinton.

(11) Affidavit of Publication Re Special Exception Application #215.

(12) Affidavit of Publication for The Ridges at Deer Lake.

(13) Original letters from Jacobson & Associates dated July 17, 2006 Re The Ridges at Deer Lake Engineering Review for Lots 37 and 64 and Bond Reduction.

(14) Copy of letter from Attorney Michael J. Wells dated July 17, 2006 to Martin Klein Re acceptance of property at Green Hill Road and Route 81 from Gary Bellard.

(15) Copy of Planning & Zoning Commission Minutes (page 4 of 4) from March 7, 2006.

(16) Copy of letter from R. E. Leighton, Code Official, to Richard Welch dated July 28, 2006 Re Proposed Studio.

(17) Copy of letter from R. E. Leighton, Code Official, to Diane Beckwith, Citizens Bank dated July 28, 2006 Re Gary Ballard, Subsurface Sewage Disposal System.

(18) Correspondence from Connecticut DOT Re Bridge No. 02497, Route 81 over Brook, Town of Killingworth.

5. Old Business
(a) 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 all points have been addressed raised by the Town Engineer although the engineer's response has not been received yet. There is a better plan for the building. Letter was received from the Code Official regarding the lot line change and the installation of a new subsurface sewage disposal. It was also noted there was adequate fire protection in place. Motion by Stull, second by Adametz, to approve this application pending satisfactory response from the Town Engineer that the property owner has met conditions listed in the Town Engineers Letters of 7/24 and 8/1. Discussion followed. Annino suggested the motion be modified to be detailed as specified in the drawings. C. Jefferson noted she spoke with the Town Engineer today who indicated there were two options - one to raise the level and the second was to put it into a closed system underground. The property owner chose to do the raising option. The motion and second was revisited. Motion by Stull, second by Adametz, to approve Special Exception Application #215 with the condition that the Town Engineer approve the plans as submitted and if any modification to the plan must be made, an additional application must be submitted to the Commission for approval. Discussion followed. Mr. Annino had a concern about stormwater drainage system maintenance. Ms. Jefferson noted if there was a problem in this area, it would become an enforcement issue. PASSED UNANIMOUSLY.

Jere Adametz noted the Town is widening Alders Bridge Road over the unimproved section and he had concerns about the drainage. L. Annino noted it is the responsibility of the Selectmen to maintain the roads and develop roads according to the Town Charter. C. Jefferson noted this is not under the Planning & Zoning jurisdiction.

Lot Line Change for Special Exception #215
Chairman Lentz noted a letter was received from the Code Official approving this Lot Line Change Application. Motion by Stull, second by Annino, to approve Lot Line Change for Special Exception Application #215 for 2 Lots for 183 & 187 Route 81 as presented. PASSED UNANIMOUSLY.

6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted the road construction has started for Cranberry Lane Subdivision. They are working on a modification for a steel pipe due to the unavailability of that pipe for about two months.

(b) C. Jefferson gave an update on Lover's Lane. The Town had tentative plans of putting pipes in back in early fall. The Wetlands Commission asked Wendy Goodfriend from the Environmental Review Team to look at it and she indicated it needed further study. As a result, the Wetlands Commission has requested an ERT study which will be done at their next meeting which is next week.

(c) Permit Log for July was distributed.

7. New Business - none.

8. Report of Officers and Subcommittees
Chairman Lentz noted the Commission asked Mr. McGuinness to review the Park & Rec report of the Wettish property. He suggested the 4th paragraph of the report be stricken. It was noted that 2 foot elevation surveys are customary. Chairman Lentz will modify the report and send it to the Park & Recreation Commission. There was a brief discussion regarding the proposed cost of $710,127.00. It will be noted in the report to Park & Rec that the property was visited and reviewed by Paul McGuinness, alternate to the Planning & Zoning Commission. The parking and wooded areas were discussed.

9. Adjournment
There being no further business, the meeting adjourned at 8:49 PM.