Regular Meeting 912
It is noted for the record the following public hearing was commenced at 7:30 PM and concluded at 7:55 PM -
Special Exception Application #224 submitted by Brad Turley, Seven Eighth’s LLC, applicant/owner, for Modification to Special Exception #185 relating to construction features, for property located at 70 Route 80, Killingworth, Tax Map 34, Parcel 14.
Present: T. Lentz, Chairman
L. Annino
S. Morgan
J. Adametz
E. Hayash
P. Stull
D. Gross (non-voting alternate)
J. O'Brien (non-voting alternate)
P. McGuinness (non-voting alternate)
1. Call to Order
T. Lentz called the meeting to at 7:56 PM.
2. Minutes of Regular Meeting No. 911 Held April 17, 2007
Motion by Stull, second by Adametz, to approve April 17, 2007 Minutes amended as follows -
Page 4, under (b) Lovers Lane Environmental Report, delete last sentence and replace with “The issue of the depth of the peat under the road was reviewed.”
PASSED UNANIMOUSLY.
3. Visitors
Warren Schumack from Sherwood Forest Subdivision was present to review posting of the bond. He noted the soil and erosion control bond has already been posted, but he would like to modify the plan to show the project in two phases. This would also allow the posting of the bond in two phases. C. Jefferson had indicated she checked with both the Town Engineer and the Commission Attorney to see if there were any issues with phasing and there were none. A new mylar would have to be filed showing the modification with the Town Clerk so that future title searches would show a two phase project. Commission members reviewed the two phases as proposed. Mr. Schumack noted the phasing would reduce the amount of the bond as they have already expended a lot of funds doing the road.
Paul Lambert from Lambert Engineering was present representing Michael Milano (also present) for an informal discussion regarding property at 65 Parker Hill Road Extension. Mr. Lambert noted this was a 92 acre parcel with the rear portion being a conservation easement (67 acres) held by the Killingworth Land Conservation Trust. A lot of improvements have been done to the property and house over the last couple of years. The Inland Wetlands Commission has approved dredging the pond and develop a meadow area of 2 to 3 acres immediately adjacent to the pond. Mr. Lambert noted the proposal is to see what can be done with the front 25 acres and maybe develop more lots for family use. He reviewed a proposed 6 lot conventional subdivision with lots of minimum 2.67 acres. He also reviewed an alternative which would be a conservation subdivision also with 6 lots. A third scheme would be a 3 lot conservation subdivision. With regard to Open Space, Mr. Lambert asked if the conservation easement which represents 70 percent of the parcel would be sufficient for the Open Space dedication. Chairman Lentz asked if this would remain a conservation easement or be given in fee. He noted the preferred method is in fee as conservation easements are too hard to enforce. Mr. Milano noted he owns the land where the conservation easement is, but the development rights have been deeded to the Killingworth Land Conservation Trust and it can never be developed. Chairman Lentz noted the easement is already done and the subdivision would only include the front 25 acres and the 15 percent Open Space would apply. Mr. Annino asked how the parcel is currently deeded; is it one 92 acre piece or two parcels with the easement parcel a separate lot. It was suggested the property owner discuss this matter with the Killingworth Land Conservation Trust relative to the easement.
4. Communications and Bills
(1) Board of Selectmen Notice of Vote and Minutes from April 23, 2007.
(2) Water Pollution Control Authority Minutes from February 7 and April 4, 2007.
(3) Water Pollution Control Authority Notice of Cancellation from March 7, 2007.
(4) Affidavit of Publication for Special Exception Application #224, Brad Turley.
(5) Budget dated 4/30/07.
(6) Memo from R. E. Leighton, Code Official, dated April 28, 2007 Re Adametz Subdivision of Land, Sub-surface Sewage Disposal System Review and Fire Protection Review.
(7) Letter from Jacobson & Associates dated May 1, 2007 Re Sherwood Forest Subdivision, Performance Bond.
(8) Letter from Jacobson & Associates dated May 1, 2007 Re Ridges at Deer Lake, Beaver Dam Road, Release of Maintenance Bond.
(9) Memo from R. E. Leighton, Code Official, dated April 28, 2007 Re Parkside Resubdivision, Sub-surface Sewage Disposal System Review and Fire Protection Review.
(10) Copy of letter from Connecticut DOT to Dzialo, Pickett & Allen PC Re Drainage Easement (Village East Subdivision).
(11) Copy of Cease & Desist Order issued by C. Jefferson to Mitchell Keszycki dated 4/24/07 Re Lot 6C, Map 11, Burr Hill Road.
(12) Board of Selectmen Minutes from April 9, 2007.
(13) Legal Notice of Public Hearing from Clinton Planning & Zoning Commission for April 30, 2007.
(14) Survey from Town Office Building Committee.
(15) Preliminary plans, property of Michael & Karen Milano, 65 Parker Hill Road Ext.
(16) Resubdivision Application No. 309, Jeremy Adametz, 153 Schnoor Road.
(17) Parkside Resubdivision, Lot Line Change.
5. Old Busines
(a) Special Exception Application #224 – Brad Turley, Seven Eighths Farm LLC, 70 Route 80, Modification to Special Exception #185
Chairman Lentz noted a public hearing was held. Approvals have been received from the Sanitarian and Fire Protection. There were no concerns from Inland Wetlands. One resident was present that had concerns but it was suggested this be handled between the two property owners. Chairman Lentz noted this was a permitted use within the Regulations. There was discussion regarding extending the existing wood fence along the Hughes property line. There was a brief discussion regarding the use of the excavator but it was decided that was not part of this application. Motion by Stull, second by Hayash, to approve Special Exception Application #224 with the condition to extend the existing wood fence in kind along the east property line between the Hughes and applicant's property for the full 284 feet. PASSED UNANIMOUSLY.
(b) Special Exception Application #225 – Running Brook Farms, 219 Route 80
Chairman Lentz noted this application was scheduled for public hearing on May 15, 2007.
(c) Lot Line Change – Parkside Resubdivision
Roger Nemergut noted it was felt at the last meeting this would best be handled as a Lot Line Change. Mr. Nemergut reviewed the previous approval that had been received regarding Lot 11. The adjacent property owner withdrew from the agreement at the last minute. Mr. Nemergut reviewed the new proposal for driveway and proposed single family home. Wetlands approval has been received. Chairman Lentz noted approval has also been received from the Sanitarian and Fire Protection and he felt this was a good proposal. Motion by Annino, second by Stull, to approve Lot 11, Parkside Resubdivision Lot Line Change as presented. PASSED UNANIMOUSLY.
(d) Sherwood Forest Subdivision, Two Phase Proposal
The bond recommendation letter from Jacobson & Associates was reviewed. Motion by Stull, second by Morgan, to approve the Plan showing phased development plan known as Sherwood Forest Subdivision, revised April 23, 2007. Discussion followed. There was some concern that Lots 5 and 6 would never be developed. Voting in favor – Lentz, Morgan, Stull, Hayash, Adametz. Opposed – Annino. Motion Carried.
(e) Tighe and Bond for GIS Support Proposal
The proposal was reviewed. It was noted there should be clarification as to scope of the project and what is included in the $2,200 fee and what is included in the extra hourly fee. Motion made and seconded to empower Chairman Lentz, at his discretion after discussing this further with Tighe & Bond, to sign the 4/18/07 cost proposal and scope to provide open space and land use mapping services. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer's Report
Chairman Lentz reviewed the written ZEO report, all items having been discussed as agenda items this evening. April permit log was distributed.
There was a brief discussion regarding Beckwith Road Subdivision and the drainage in the front. It was noted there is significant road wash out and the ditch needs to be reconstituted. Chairman Lentz noted the developer has 5 years to complete the subdivision, however, drainage problems should be dealt with at the current time.
7. New Business
(a) Resubdivision No. 309, Walter Adametz, Schnoor Road
Roger Nemergut reviewed the frontage of the lots. It was noted the Town Engineer needs to review and approve the shared driveway. Mr. Nemergut reviewed the requested waivers for Sections 6.2 Record Subdivision Map, 6.3.3(d) The Plan Area, 7.9.2 Underground Utility Lines, 7.7.1 Area and 2.2 Definitions – Driveway. Motion by Stull, second by Annino, to approve requested Waivers as noted above with the open space to be deferred. PASSED UNANIMOUSLY. Mr. Nemergut noted they received a wetlands permit last fall, sanitarian and fire protection have also been received. A public hearing was scheduled for the June 5, 2007 meeting.
8. Report of Officer's and Subcommittees
The bond letter from Jacobson & Associates for Sherwood Forest was reviewed. It was noted a revised bond proposal for phase one should be received before any action is taken.
The bond letter from Jacobson & Associates for Ridges at Deer Lake, Beaver Dam Road, was reviewed. Motion by Morgan, second by Stull, to approve recommendation of Jacobson & Associates for release of maintenance bond in the amount of $28,500 for Beaver Dam Road. PASSED UNANIMOUSLY.
9. Adjournment
There being no further business, the meeting was adjourned.
Special Exception Application #224 submitted by Brad Turley, Seven Eighth’s LLC, applicant/owner, for Modification to Special Exception #185 relating to construction features, for property located at 70 Route 80, Killingworth, Tax Map 34, Parcel 14.
Present: T. Lentz, Chairman
L. Annino
S. Morgan
J. Adametz
E. Hayash
P. Stull
D. Gross (non-voting alternate)
J. O'Brien (non-voting alternate)
P. McGuinness (non-voting alternate)
1. Call to Order
T. Lentz called the meeting to at 7:56 PM.
2. Minutes of Regular Meeting No. 911 Held April 17, 2007
Motion by Stull, second by Adametz, to approve April 17, 2007 Minutes amended as follows -
Page 4, under (b) Lovers Lane Environmental Report, delete last sentence and replace with “The issue of the depth of the peat under the road was reviewed.”
PASSED UNANIMOUSLY.
3. Visitors
Warren Schumack from Sherwood Forest Subdivision was present to review posting of the bond. He noted the soil and erosion control bond has already been posted, but he would like to modify the plan to show the project in two phases. This would also allow the posting of the bond in two phases. C. Jefferson had indicated she checked with both the Town Engineer and the Commission Attorney to see if there were any issues with phasing and there were none. A new mylar would have to be filed showing the modification with the Town Clerk so that future title searches would show a two phase project. Commission members reviewed the two phases as proposed. Mr. Schumack noted the phasing would reduce the amount of the bond as they have already expended a lot of funds doing the road.
Paul Lambert from Lambert Engineering was present representing Michael Milano (also present) for an informal discussion regarding property at 65 Parker Hill Road Extension. Mr. Lambert noted this was a 92 acre parcel with the rear portion being a conservation easement (67 acres) held by the Killingworth Land Conservation Trust. A lot of improvements have been done to the property and house over the last couple of years. The Inland Wetlands Commission has approved dredging the pond and develop a meadow area of 2 to 3 acres immediately adjacent to the pond. Mr. Lambert noted the proposal is to see what can be done with the front 25 acres and maybe develop more lots for family use. He reviewed a proposed 6 lot conventional subdivision with lots of minimum 2.67 acres. He also reviewed an alternative which would be a conservation subdivision also with 6 lots. A third scheme would be a 3 lot conservation subdivision. With regard to Open Space, Mr. Lambert asked if the conservation easement which represents 70 percent of the parcel would be sufficient for the Open Space dedication. Chairman Lentz asked if this would remain a conservation easement or be given in fee. He noted the preferred method is in fee as conservation easements are too hard to enforce. Mr. Milano noted he owns the land where the conservation easement is, but the development rights have been deeded to the Killingworth Land Conservation Trust and it can never be developed. Chairman Lentz noted the easement is already done and the subdivision would only include the front 25 acres and the 15 percent Open Space would apply. Mr. Annino asked how the parcel is currently deeded; is it one 92 acre piece or two parcels with the easement parcel a separate lot. It was suggested the property owner discuss this matter with the Killingworth Land Conservation Trust relative to the easement.
4. Communications and Bills
(1) Board of Selectmen Notice of Vote and Minutes from April 23, 2007.
(2) Water Pollution Control Authority Minutes from February 7 and April 4, 2007.
(3) Water Pollution Control Authority Notice of Cancellation from March 7, 2007.
(4) Affidavit of Publication for Special Exception Application #224, Brad Turley.
(5) Budget dated 4/30/07.
(6) Memo from R. E. Leighton, Code Official, dated April 28, 2007 Re Adametz Subdivision of Land, Sub-surface Sewage Disposal System Review and Fire Protection Review.
(7) Letter from Jacobson & Associates dated May 1, 2007 Re Sherwood Forest Subdivision, Performance Bond.
(8) Letter from Jacobson & Associates dated May 1, 2007 Re Ridges at Deer Lake, Beaver Dam Road, Release of Maintenance Bond.
(9) Memo from R. E. Leighton, Code Official, dated April 28, 2007 Re Parkside Resubdivision, Sub-surface Sewage Disposal System Review and Fire Protection Review.
(10) Copy of letter from Connecticut DOT to Dzialo, Pickett & Allen PC Re Drainage Easement (Village East Subdivision).
(11) Copy of Cease & Desist Order issued by C. Jefferson to Mitchell Keszycki dated 4/24/07 Re Lot 6C, Map 11, Burr Hill Road.
(12) Board of Selectmen Minutes from April 9, 2007.
(13) Legal Notice of Public Hearing from Clinton Planning & Zoning Commission for April 30, 2007.
(14) Survey from Town Office Building Committee.
(15) Preliminary plans, property of Michael & Karen Milano, 65 Parker Hill Road Ext.
(16) Resubdivision Application No. 309, Jeremy Adametz, 153 Schnoor Road.
(17) Parkside Resubdivision, Lot Line Change.
5. Old Busines
(a) Special Exception Application #224 – Brad Turley, Seven Eighths Farm LLC, 70 Route 80, Modification to Special Exception #185
Chairman Lentz noted a public hearing was held. Approvals have been received from the Sanitarian and Fire Protection. There were no concerns from Inland Wetlands. One resident was present that had concerns but it was suggested this be handled between the two property owners. Chairman Lentz noted this was a permitted use within the Regulations. There was discussion regarding extending the existing wood fence along the Hughes property line. There was a brief discussion regarding the use of the excavator but it was decided that was not part of this application. Motion by Stull, second by Hayash, to approve Special Exception Application #224 with the condition to extend the existing wood fence in kind along the east property line between the Hughes and applicant's property for the full 284 feet. PASSED UNANIMOUSLY.
(b) Special Exception Application #225 – Running Brook Farms, 219 Route 80
Chairman Lentz noted this application was scheduled for public hearing on May 15, 2007.
(c) Lot Line Change – Parkside Resubdivision
Roger Nemergut noted it was felt at the last meeting this would best be handled as a Lot Line Change. Mr. Nemergut reviewed the previous approval that had been received regarding Lot 11. The adjacent property owner withdrew from the agreement at the last minute. Mr. Nemergut reviewed the new proposal for driveway and proposed single family home. Wetlands approval has been received. Chairman Lentz noted approval has also been received from the Sanitarian and Fire Protection and he felt this was a good proposal. Motion by Annino, second by Stull, to approve Lot 11, Parkside Resubdivision Lot Line Change as presented. PASSED UNANIMOUSLY.
(d) Sherwood Forest Subdivision, Two Phase Proposal
The bond recommendation letter from Jacobson & Associates was reviewed. Motion by Stull, second by Morgan, to approve the Plan showing phased development plan known as Sherwood Forest Subdivision, revised April 23, 2007. Discussion followed. There was some concern that Lots 5 and 6 would never be developed. Voting in favor – Lentz, Morgan, Stull, Hayash, Adametz. Opposed – Annino. Motion Carried.
(e) Tighe and Bond for GIS Support Proposal
The proposal was reviewed. It was noted there should be clarification as to scope of the project and what is included in the $2,200 fee and what is included in the extra hourly fee. Motion made and seconded to empower Chairman Lentz, at his discretion after discussing this further with Tighe & Bond, to sign the 4/18/07 cost proposal and scope to provide open space and land use mapping services. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer's Report
Chairman Lentz reviewed the written ZEO report, all items having been discussed as agenda items this evening. April permit log was distributed.
There was a brief discussion regarding Beckwith Road Subdivision and the drainage in the front. It was noted there is significant road wash out and the ditch needs to be reconstituted. Chairman Lentz noted the developer has 5 years to complete the subdivision, however, drainage problems should be dealt with at the current time.
7. New Business
(a) Resubdivision No. 309, Walter Adametz, Schnoor Road
Roger Nemergut reviewed the frontage of the lots. It was noted the Town Engineer needs to review and approve the shared driveway. Mr. Nemergut reviewed the requested waivers for Sections 6.2 Record Subdivision Map, 6.3.3(d) The Plan Area, 7.9.2 Underground Utility Lines, 7.7.1 Area and 2.2 Definitions – Driveway. Motion by Stull, second by Annino, to approve requested Waivers as noted above with the open space to be deferred. PASSED UNANIMOUSLY. Mr. Nemergut noted they received a wetlands permit last fall, sanitarian and fire protection have also been received. A public hearing was scheduled for the June 5, 2007 meeting.
8. Report of Officer's and Subcommittees
The bond letter from Jacobson & Associates for Sherwood Forest was reviewed. It was noted a revised bond proposal for phase one should be received before any action is taken.
The bond letter from Jacobson & Associates for Ridges at Deer Lake, Beaver Dam Road, was reviewed. Motion by Morgan, second by Stull, to approve recommendation of Jacobson & Associates for release of maintenance bond in the amount of $28,500 for Beaver Dam Road. PASSED UNANIMOUSLY.
9. Adjournment
There being no further business, the meeting was adjourned.
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