Regular Meeting 903

Public Hearing - Special Exception #219 - PAC Principal Assets - 8 Route 80 - Addition to existing industrial building

It is noted for the record this public hearing has been continued until January 16, 2007.

Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino
J. Adametz
E. Hayash
P. Stull
D. Gross (seated for P. Stull during public hearing)
O'Brien (seated for S. Morgan)

Meeting Agenda

1. Call to Order
T. Lentz called the meeting to order at 7:40 PM.

2. Minutes of Regular Meeting No. 902 Held December 5, 2006
Motion by Hayash, second by Adametz, to approve December 5, 2006 Minutes amended as follows -
Page 3, 3rd paragraph, correct 2nd sentence to read, "It was noted these would apply only to areas where site improvements are not to be done."
PASSED UNANIMOUSLY.

3. Visitors
Dan Colonia (Chairman of Park & Rec) and Chris Kelly (member from Park & Rec) from the Park & Recreation Commission were present to discuss the Wettish property. Mr. Colonia noted a preliminary conceptual design was sent to the State last March relative to a grant. This was for 5 multi-purpose fields (2 full soccer fields and 3 practice fields). He then reviewed the $500,000 STEAP grant that was going to be used for the Town Centre. It was recommended that grant be transferred over to the Wettish property before it is lost. That process to transfer the grant is currently under way. Mr. Colonia noted that if the grant is received, they will then go out and get some engineering design. Hopefully in the Spring they would be able to break ground for the fields. Chairman Lentz noted this would be a Municipal Improvement and would not require a public hearing. He suggested once they get preliminary engineering, they should come before Planning & Zoning to have an informal discussion prior to submitting a formal application. Ms. Jefferson asked if Park & Rec would be using the Town Engineer or be putting the engineering services out to bid. Mr. Colonia noted the STEAP grant requires this be put out to bid. Mr. Annino noted the Commission would be concerned with things like the length of roads and other requirements of the Zoning Regulations. Mr. Annino further noted he felt Park & Rec was on the right track, but that Planning & Zoning would be looking for a level of comfort that this has been engineered professionally. He indicated he would also like to review this in terms of the overall Park & Rec plan for the Town and wants to be sure there is some balance for the long term. Chairman Lentz inquired about Open Space. Mr. Colonia noted the back of the Wettish property is all woods and undeveloped land. He further noted the fields are all up in the front of the property.

4. Communications and Bills
(1) Letter from Stephanie Warren (no date) regarding Special Exception #219 PAC Principal Assets.

(2) Letter from Robinson & Cole dated December 15, 2006 Re Public Act 06-80 Concerning Notice Requirements for Land Use Applications.

(3) Letter from First Selectman Klein to Gwenne Lally, Chairman of Town Office Building Study Committee, dated December 11, 2006 regarding new Town Office Building.

(4) Letter from William and Thomas Shipman to Cathie Jefferson dated 12/05/06 Re RV Storage.

(5) Two letters from Cathie Jefferson to William and Thomas Shipman dated 12/08/06 Re Recreational Vehicles.

(6) Legal Notice Publication (Notice of Public Hearing) for Special Exception #219 PAC Assets.

(7) Legal Notice Publication and Affidavit of Publication (Notice of Decision) for Special Exceptions #216, #217 and #218.

(8) Letter from Deep River Planning & Zoning Commission dated December 7, 2006 Re Amendment to Deep River Zoning Regulations, Age Restricted Development.

(9) Copy of letter from Richard Leighton, Code Official, to Jacobson & Associates dated November 11, 2006 Re Region 17, Intermediate School, Request for Reconsideration.

(10) Copy of letter from State DOT to Edward J. Coppola dated December 7, 2006 Re Village East Subdivision.

(11) Board of Selectmen Notice of Vote and Minutes from December 11, 2006 Meeting.

(12) Letter from State DOT dated December 15, 2006 to Supreme Industries Re Killingworth Intermediate/Middle School, STC Certificate 1616, Encroachment Permit No. 2003653.

(13) Copy of Agreement for Operations and Maintenance of Intermediate Middle School Wastewater Treatment Plant from Weston & Sampson.



5. Old Business
(a) Special Exception #219 - PAC Principal Assets - 8 Route 80 - Addition to existing industrial building
Chairman Lentz noted this hearing has been continued until January 16, 2007.

(b) Subdivision Application #308 - 2 lot subdivision of Land of Frankie J. DeOrchis - 267 North Parker Hill Rd. map 13 lot 4
Chairman Lentz noted this application needs additional information from the Sanitarian and the Town Engineer.

6. Zoning Enforcement Officer's Report
(a) There was a brief discussion regarding the letter from the State DOT requesting revised plans for the Village East Subdivision. Mr. Annino asked if this was the normal course of action. C. Jefferson replied yes, but these plans need to go back to the State and not necessarily to Planning & Zoning. She explained the applicant must receive local approval before going to the State.

(b) C. Jefferson noted she received a sign off letter from the State DOT regarding the Killingworth Intermediate/Middle School dated December 15, 2006. She indicated they are back on schedule to move in after the holidays. She received a copy of the agreement for the maintenance of the wastewater treatment plan from Weston & Sampson. C. Jefferson noted Joe Dillon is working up the amount of the bond. She will probably sign off on the Certificate of Zoning Compliance next week. C. Jefferson reviewed the issue regarding the fence and the trees along Route 81. Lighting along Route 81 was also reviewed.

(c) C. Jefferson noted she received correspondence from the NRCS. They had changed map symbols for soil based zoning. At some point in time, we will have to insert this information into our Zoning Regulations.

7. New Business - none.

8. Report of Officers and Subcommittees
(a) Updates of Town Plan of Conservation & Development
Chairman Lentz distributed copies of Chapter 3. Chapter 4 will be distributed at the next meeting. Chairman Lentz noted Chapter 4 is the last of the introductory chapters.

9. Executive Session - Personnel
Motion by Stull, second by Hayash, to go into Executive Session to discuss Personnel. PASSED UNANIMOUSLY. Motion by Stull, second by Hayash, to come out of Executive Session. PASSED UNANIMOUSLY.

Motion by Stull, second by Adametz, to reappoint Cathie Jefferson as Zoning Enforcement Officer for the Town of Killingworth for the upcoming year and that a letter be put in her personnel file indicating that the Commission is pleased with her performance. PASSED UNANIMOUSLY.

Chairman Lentz noted the Commission very much appreciates the great job that Ms. Jefferson does. Ms. Jefferson noted she enjoys working for the Commission.

Jere Adametz asked if the CRERPA appointment was for one or two years. Chairman Lentz noted the Commission will get a letter from CRERPA when it is necessary to reappoint a representative.

10. Adjournment
There being no further business, the meeting adjourned at 8:17 PM.

Regular Meeting 902

Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino
S. Morgan
J. Adametz
E. Hayash
P. Stull
P. McGuinness (non-voting alternate)
D. Gross (non-voting alternate)
J. O'Brien (non-voting alternate)

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

2. Minutes of Regular Meeting No. 901 Held November 21, 2006
Motion by Stull, second by Hayash, to approve the November 21, 2006 Minutes amended as follows -
" Page 4, under 7(a), correct the following sentence to read, "He reviewed the process that started in October and the fact the wrong parcel was to be discontinued and it had to be corrected."
PASSED UNANIMOUSLY.

3. Visitors - none.

4. Communications and Bills
(1) Warranty Deed for PAC Principal Assets, LLC.

(2) Returned Mail to Debra Aldrich & Frank Cruze.

(3) Copy of Budget for current fiscal year dated 11/30/06.

(4) Original letter from Jacobson & Associates dated November 13, 2006 Re Village East Engineering Review.

(5) Affidavit of Publication for Special Exceptions #216, #217 and #218.

(6) Connecticut River Estuary Regional Planning Agency Regular Monthly Meeting Agenda for December 4, 2006.

(7) Copy of letter from TRM to Connecticut Citing Council dated November 1, 2006 Re Notice of Exempt Modification Pursuant to Sec. 16-50j-72.

(8) Board of Selectmen Minutes and Notice of Vote from November 27, 2006.

(9) Invoice from Howard & McMillan dated December 4, 2006.

(10) Letter from Edward J. Coppola to Planning & Zoning Commission dated November 30, 2006 Re Village East Special Exception Approval, Condition for Approval Shown on Sheets #5 and #6.

(11) Subdivision Application for DeOrchis Subdivision letter from Nemergut Consulting dated November 30, 2006.

5. Old Business
(a) Special Exception #219 - PAC Principal Assets - 8 Route 80 - Addition to existing industrial building - public hearing scheduled for December 19, 2006
Chairman Lentz noted this public hearing has been scheduled for December 19, 2006. C. Jefferson will contact the Town Engineer to see if his report will be ready for the 19th.

6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted the Environmental Review Team was held on November 26, 2006, however there are still a couple more individuals that need to visit the site. The report will not be ready for a couple of months.

(b) C. Jefferson noted Region #17 has requested a Certificate of Occupancy. The Town Engineer has looked at the site and prepared a punch list of outstanding items. There didn't appear to be anything on the list that would preclude them from getting a Certificate of Occupancy/Zoning Compliance, but those items not addressed would have to be bonded. C. Jefferson noted it was brought to their attention the conditions of approval from the Wetlands Commission were never put into the contract documents which is the reason why the particle separator wasn't in there. She also noted the buffer along Route 81 and the sliding net were not in the contract. Those things will still have to be discussed and resolved. She further noted those things are in the minutes. Any change in landscaping will have to come back to the Commission. L. Annino noted there was a requirement that the sanitary system be staffed. C. Jefferson noted that is the responsibility of the Code Official and he is dealing with his own punch list of outstanding items. It was agreed that item had been discussed by Planning & Zoning. C. Jefferson noted she would check with Mr. Leighton on that matter.

(c) C. Jefferson gave a status update on the Lundberg matter. She met with his attorney about two weeks ago and prepared a list of things that must be resolved. That decision was never appealed, so Mr. Lundberg will have to comply.

(d) C. Jefferson distributed a copy of zoning permits for last month. She noted the first permit was issued for Cranberry Lane Subdivision.

(e) C. Jefferson noted she prepared an updated list of the bonds which will be given to S. Morgan, Chairman of the Bond Committee.

7. New Business
(a) Subdivision Application #308 - 2 lot subdivision of Land of Frankie J. DeOrchis - 267 North Parker Hill Rd. map 13 lot 4
Roger Nemergut noted the DeOrchis is proposing a 2 Lot Subdivision at 267 North Parker Hill Road (1/2 mile from Route 81). He submitted a certified mail receipt from the Connecticut Water Company. Total parcel is 87 acres. The purpose is to create one new lot to be transferred to the owner's grandson, Robert Erickson, who will build a house. A private road is proposed. Mr. Nemergut noted there are two dwelling units on the property that are pre-existing. Mr. & Mrs. Erickson live in one of those dwellings now and it is proposed to remove the kitchen in order to not have that be a dwelling unit in the future. They are proposing a gravel road as the grade is very flat (not exceeding 2 or 3 percent) and there are no issues with drainage. This is pretty straight forward and when completed will serve two residences, the existing residence and a new one on Lot #1 (4.7 acres). That lot will have 4.3 net building acres and the soils are very good.

Mr. Nemergut reviewed his letter dated November 30, 2006 requesting 4 waivers.

Sections 6.2 and 6.6.3(d) - waiver for an A-2 survey and 2 foot field contours. It was noted these would apply only to areas where site improvements are to be done.

Section 7.9.2 - waiver for underground utility service. There is overhead service to the buildings on the parcel. From that point, they would go underground from that point to the new house.

Section 7.5.2(f)3 - waiver for reduction in the width of the private road, from 20 feet to 18 feet.

Section 7.7 - waiver of the open space requirement. Lot 1 is being transferred to a relative and according to State Statutes Chapter 126 Section 8-25(a), the open space requirement does not apply if the transfer of all land within a subdivision of less than 5 parcels is to a relative for no consideration. It would be acknowledged on the plan that any future subdivision of the parcel, open space would be based on the 87 acre parcel subdivision.

Mr. Nemergut noted they have wetlands approval, but still waiting for approvals from the Code Official (sanitary system and fire protection) and town engineer.

Motion by Stull, second by Annino, to grant the 4 waivers as stated in letter from Nemergut Consulting dated November 30, 2006 for Subdivision Application #308 - 2 Lot Subdivision of Land of Frankie J. DeOrchis, 267 North Parker Hill Road and there would be a statement on the map that any future subdivision of the parcel would have the open space based on the 87 acre subdivision. PASSED UNANIMOUSLY.

(b) Election of Officers
Motion by Stull, second by Hayash, to keep current slate of officers for the upcoming year - Lentz - Chairman, Annino - Vice Chairman and Morgan - Secretary. There being no other nominations, the motion PASSED UNANIMOUSLY.

8. Report of Officers and Subcommittees
(a) Updates of Town Plan of Conservation & Development
Chapter 2 was distributed to the members. Those who didn't receive Chapter 5 also got copies of that Chapter. T. Lentz noted he has worked on Chapter 3 which will be distributed at the next meeting. T. Lentz briefly reviewed some of the comments he received from members. There was discussion regarding bridges.

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