Tuesday, September 19, 2006

Regular Meeting 898

Present - T. Lentz, Chairman
L. Annino
E. Hayash
S. Morgan
J. Adametz
P. Stull
P. McGuinness (non-voting alternate

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

2. Minutes of Regular Meeting No. 897 Held September 5, 2006
Motion by Hayash, second by Morgan, to approve September 5, 2006 Minutes amended as follows –
• Page 5, under Town Plan, add “Tom Lentz submitted a draft of Chapter 1.”
• Page 1, under 3(a), change last sentence to read, “Mr. Schull agreed to work on this plan some more.”
PASSED UNANIMOUSLY.

3. Visitors – none.

4. Communications and Bills
(1) Original letter from Jacobson & Associates dated September 5, 2006 Re Beckwith Ridge Subdivision, Beckwith Road & Abner Lane, Bond Estimate.

(2) Original letter from Jacobson & Associates dated September 5, 2006 Re Killingworth Country Commons, 183-187 Route 81, Engineering Review.

(3) Memo from First Selectman Klein to Department Heads and Committee Chairs Dated September 15, 2006 Re Reimbursement Requests.

(4) Board of Selectmen Notice of Vote from September 6, 2006 and September 11, 2006.

(5) Board of Selectmen Minutes from August 28, 2006.

(6) Copy of Memo from Cathie Jefferson to Attorney William Howard dated 9/8/06 Re Lundberg Property.

(7) Water Pollution Control Authority Minutes from September 6, 2006.

(8) Letter from Warren Schumack to Killingworth Planning & Zoning Commission dated 9/7/06 Re Sherwood Forest Subdivision.

(9) Letter from Douglas and Irene Buttendorf to Killingworth Planning & Zoning Commission dated September 7, 2006 Re Cranberry Lane Subdivision.

5. Old Business – none.
6. Zoning Enforcement Officer’s Report – none.

7. New Business
(a) The letter from Warren Schumack requesting approval of the name for the private road at Sherwood Forest Subdivision as “Sherwood Forest Lane.” Commission members had no objection to using “Sherwood Forest Lane” as the name of the private road and being a private road, the developer would install the sign.

(b) The letter from Douglas & Irene Buttendorf requesting approval of the name for the private road at Cranberry Lane Subdivision as “Cranberry Meadow Lane.” Commission members had no objection to using “Cranberry Meadow Lane” as the name of the private road and being a private road, the develop would install the sign.

8. Report of Officers & Subcommittees
Chairman Lentz noted Chapter 1 will be copied and distributed for the next meeting. He indicated he has done a draft of Chapter 5 which is a review of the Connecticut Plan of Conservation & Development, but is not ready to distribute it yet. Chairman Lentz asked if Jere Adametz, CRERPA representative, could request an update of the Distribution of Killingworth’s Land Uses Table from 1990. Mr. Lentz asked about the status of CRERPA’s update of their Plan. Mr. Adametz noted CRERPA is still in the process of working on that.

P. McGuinness noted he has contacted Emergency Services groups to receive updated information from the last Plan.

Chairman Lentz noted everyone should forward their changes to him so he can compile them in one document, highlighting the specific changes to be reviewed. The questionnaire was briefly reviewed.

9. Adjournment
There being no further business, the meeting was adjourned at 7:50 PM.

Tuesday, September 05, 2006

Regular Meeting 897

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

1. Call to Order
T. Lentz called the meeting to order at 7:32 PM.

2. Minutes of Regular Meeting No. 896 Held August 15, 2006
Motion by Mr. Annino, second by Mr. Adametz, to approve the August 15, 2006 Minutes amended as follows -
" It is noted for the record David Gross, alternate, was present at the August 15, 2006 Meeting.
PASSED UNANIMOUSLY.

3. Visitors
(a) Derrick Schull, Preliminary Discussion - Resubdivision on Emmanuel Church Road
Derrick Schull noted he was present to preliminarily discuss a 2 lot resubdivision on a 14.8 acre parcel on Emmanuel Church Road. They are proposing 2 houses. Mr. Schull pointed out the existing driveway, house and shed, the house probably being an old hunting cabin. They are proposing a 20 foot wide gravel driveway with access to the large parcel and an easement. The access for the house parcel will be off the highway. There is a steep slope and no way to get to the other side of the property without coming up through the valley. Chairman Lentz noted a driveway cannot be over an easement; it must be on the lot. Mr. Annino pointed out the access must be through the dedicated frontage. Chairman Lentz reiterated there is no provision for an easement or right-of-way serving a lot in a subdivision. C. Jefferson asked if the road could just be continued. Mr. Schull replied no because then it would not meet the net buildable area. Mr. Schull reviewed the two wetlands strips. Mr. Annino noted he thought this would be only one single lot. It was felt the plan was marginal and needs further thought. Mr. Schull noted the original subdivision was approved in 1978. It was agreed Mr. Schull will work on this plan some more.

Erin Terenzio noted they just purchased Lot 1 on Heft Brook Lane. There is a gravel driveway for Lots 2 and 3. The previously proposed driveway would have to be blasted. C. Jefferson agreed the impact to cut that previous driveway in would be huge. The newly proposed driveway would be flat. Mr. Annino asked if the developer would agree to redo this as a private road. Ms. Terenzio noted all 3 property owners have agreed they would share the cost of paving, etc. if this were to be approved. Chairman Lentz noted this would have to be a private road; otherwise there is the issue of driveways crossing other properties. Mr. Annino reviewed the original approval for the driveway. C. Jefferson noted the property owner would have to go to the Town Engineer to see if this would meet the standards for a private road. A private road requires 50 feet. Chairman Lentz explained some of the issues that arise with shared driveways. Chairman Lentz and Mr. Annino suggested the property owner put in their own separate driveway regardless of cost as it will be to their advantage in the long run. It was noted driveways must be at least 5 feet off the property line. Mr. Annino reiterated shared driveways are not permitted. It was also noted that redeveloping the driveway as a private road would take several months for redesign and approval. It was suggested the property owner talk with the developer and the engineer.

Dave Viglioto from June's Outback was present. C. Jefferson noted June Viglioto came in at the last meeting as was asked to submit further information in writing, which they have done. Mr. Viglioto noted they would like to expand June's Outback into where the puppy grooming was located. They would also like to put in a 7' x 18' foot cooler either on the back step or inside. C. Jefferson noted the cooler would have to be located inside. Mr. Viglioto noted the expansion would be a dart room. The plan for the expansion was reviewed. Chairman Lentz reviewed the Memorandum of Decision from 1981 where live entertainment was approved. He noted July 2, 1980 was the original approval. Chairman Lentz noted the Commission was concerned about the use of the back door. Mr. Viglioto noted there would be no change to the back door; everything would remain the same with that door. Chairman Lentz noted this would be treated as an amendment to a Special Exception therefore not requiring a public hearing.

4. Communications and Bills
(1) Board of Selectmen Notice of Vote and Minutes from August 9, 2006 Special Meeting.

(2) Board of Selectmen Notice of Vote and Minutes from August 14, 2006 Regular Meeting.

(3) Board of Selectmen Notice of Vote from August 28, 2006 Regular Meeting.

(4) Water Pollution Control Authority Minutes from August 2, 2006.

(5) Inland Wetlands & Watercourses Commission Minutes from August 8, 2006.

(6) Copy of General Permit Application for Chatfield Hollow State Park in Killingworth from State of Connecticut Department of Environmental Protection.

(7) Fax from Jacobson & Associates dated September 5, 2006 Re Killingworth Country Commons, Engineering Review.

(8) Legal Notice Publication & Affidavit of Publication for Advanced Restoration LLC.

(9) Copy of letter from Code Official R. E. Leighton to Barbara & Gerard Irzyk dated August 15, 2006 Re Wood Burning Furnace Complaint.

(10) Original letter from Jacobson & Associates dated August 25, 2006 Re Sherwood Forest Subdivision Engineering Review.

(11) Copy of letter from Code Official R. E. Leighton to Richard Welch dated August 27, 2006 Re Building Permit Denied, Proposed Studio.

(12) Copy of letter from Code Official R. E. Leighton to Richard Welch dated August 15, 2006 Re Sub-Surface Sewage Disposal System, Proposed studio Above Garage.

(13) Copy of letter from Code Official R. E. Leighton to Manuel & Barbara Valderrama dated August 27, 2006 Re Notice to Remove Unsafe Structure.

(14) Letter from Middlesex Development Co., LLC to Planning & Zoning Commission dated August 28, 2006 Re Release of Bonds for Beckwith Ridge Subdivision.

(15) Letter from Jacobson & Associates to Warren Herzig, Supervising Sanitary Engineer, DEP, Bureau of Water Management, dated August 31, 2006 Re Killingworth Water Pollution Control Authority, Septage Lagoon Closure, Tower Hill Road.

(16) Letter from Middlesex Development Co., LLC to Planning & Zoning Commission dated August 28, 2006 Re Establishment of Name for Private Road as "Beckwith Ridge" in the Beckwith Ridge Subdivision.

(17) Letter from First Selectman Martin Klein to Planning & Zoning Commission dated September 5, 2006 Re Section 8-24 for relocation of CL&P pole and accompanying easement on relocated Alders Bridge Road.

5. Old Business
(a) June's Outback Expansion
There was discussion regarding the request for a 7' x 18' walk in cooler. Mr. Annino noted one of the biggest source of concerns for this complex was access to the back door which was supposed to be primarily for emergency purposes. He suggested the door be relocated to be truly an emergency exit. It was also suggested maybe not having a handle on the outside of this door and put a sign up "entrance at the front only." Mr. Annino noted the buildings were designed to be entered from the front and that activity should be rerouted to the front. C. Jefferson noted those neighbors that had previously complained recently came to the Subway hearing and said their concern was the garbage dumpsters. They put up the fence and trees and the neighbors were happy with that. Mr. Annino noted it was his understanding the original approval specifically said that door could not be used and this is an opportunity to address that issue. It was suggested that door be used just as an emergency door with an alarm on it. C. Jefferson noted this would have to be researched probably by the Fire Marshal. There was much discussion regarding the door. The Commission noted it would like to see the original approval from 1980 to determine the use of the rear door. Motion by Annino, second by Stull, to approve the application of June Viglioto dated 9/5/06 for an expansion as presented with the exception of eliminating the 7' x 18' walk in cooler to the rear of the building. PASSED UNANIMOUSLY.

(b) Beckwith Ridge
Letter was received from Middlesex Development Co., LLC dated August 28, 2006 requesting approval for the name of "Beckwith Ridge" for the private road. Commission members agreed the name was okay.

6. Zoning Enforcement Officer's Report
(a) Letter from First Selectman Klein dated September 5, 2006 to the Planning & Zoning Commission requesting a Section 8-24 Report on the relocation of CL&P telephone pole and accompanying easement on the relocated Alders Bridge Road. Jere Adametz briefly reviewed the relocation of the road and pole. It was noted the relocation of the road had already been approved by Planning & Zoning and this was covered under the original 8-24 report.

7. New Business - none.

8. Report of Officers and Subcommittees
Chairman Lentz noted he received the mylar from Sherwood Forest. He briefly reviewed the two concerns having to do with the box culvert and what was going to happen to the tower site. Both those issues have apparently been resolved. He reviewed a letter from Jacobson & Associates relative to the box culverts.

Bond Subcommittee Chairman Morgan reviewed the Jacobson & Associates letter dated August 25, 2006 recommending an E&S Bond in the amount of $12,100 for Sherwood Forest Subdivision. Motion by Morgan, second by Annino, to set the E&S Bond amount at $12,100 for Sherwood Forest Subdivision. PASSED UNANIMOUSLY.

Bond Subcommittee Chairman Morgan reviewed the Jacobson & Associates letter dated September 5, 2006 recommending release of the performance bond in the amount of $23,000 for Beckwith Ridge Subdivision. Motion by Morgan, second by Annino, to recommend release of the performance bond in the amount of $23,000 for Beckwith Ridge Subdivision. PASSED UNANIMOUSLY.

There was discussion regarding updating of the Town Plan. The following members volunteered to update various Town Plan sections -
Sewer Avoidance L. Annino
Schools D. Gross
Town Green E. Hayash
Recreation L. Annino
Library S. Morgan
Emergency Services P. McGuinness
Roads P. Stull
Municipal Facilities J. Adametz
Chapters 4 & 5 T. Lentz

Chairman Lentz noted updates were due by December 1st. It was noted the "Town Plan" should be listed as a regular agenda item under Report of Officers and Subcommittees in the future.

9. Adjournment
There being no further business, the meeting adjourned at 9:06 PM.