Regular Meeting 913
It is noted for the record the following public hearing was held and closed prior to the regular meeting.
Special Exception Application #225 submitted by Papoosha Real Estate Investors LLC, applicant/owner, for Special Principal Use, Commercial District Retail, for property located at 219 Route 80, Killingworth, Tax Map 28, Parcel 39.
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)
1. Call to Order
T. Lentz called the meeting to order at 7:59 PM.
2. Minutes of Regular Meeting No. 912 Held May 1, 2007
Motion by Stull, second by Morgan, to approve May 1, 2007 Minutes as written. PASSED UNANIMOUSLY.
3. Visitors
Peter Richard and Gwenne Lally were present from the Killingworth Conservation Commission. They briefly reviewed the NEMO Program which was started by the former Conservation Commission Chairman, Dave Gumbart. A handout was distributed outlining the Program. Ms. Lally reviewed group mandates. She noted the Conservation Commission would like to take a more active role and asked Planning & Zoning to bring the Conservation Commission into the process when a Land Use Development application is received. It was felt this would be a very valuable asset to the Town. Mr. Annino noted the Commission is in the process of reviewing the Town's Plan of Conservation and Development and would hope other commissions, like the Conservation Commission or the Historical Society, would come up with strategic plans of their own that could be adopted into the Town's Plan of Conservation & Development. The timing is good to accomplish this task. Mr. Richard briefly reviewed the advantages of having GIS on the internet. This should be up and running by July 1st. The Tax Assessor's Maps will also be available. Chairman Lentz noted the Planning & Zoning Commission just hired an individual to do the parcel maps for the Plan. Lentz also indicated the Commission would shortly have a draft of the Plan ready and will forward it to the Conservation Commission for review. Ms. Lally noted there will be workshops once the GIS is up and running for those who wish to attend and become familiar with GIS.
4. Communications and Bills
(1) Legal Notice Publication for Special Exception Application #225, Papoosha Real Estate Investors LLC.
(2) Board of Selectmen Minutes and Notice of Vote from May 3, 2007.
(3) Letter from Killingworth Inland Wetlands & Watercourses Commission to Killingworth Planning & Zoning Commission dated 5/14/07 Re Proposed Activity - Killingworth Country Commons LLC Rt 81.
(4) Connecticut Federation of Planning & Zoning Agencies Quarterly Newsletter, Volume XI, Issue 2, Spring 2007, Minimum Buildable Area Regulation Legal.
(5) Letter to Harkin Engineering from R. E. Leighton, Code Official, dated May 13, 2007 Re Olde Church Commons, Revised Plan Modifications.
(6) Letter from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated May 13, 2007 Re Special Exception Review Marshal Arts Studio, 183 Route 81, Favorable Sanitation/Fire Protection Review.
(7) Letter from Killingworth Inland Wetlands & Watercourses Commission to Killingworth Planning & Zoning Commission dated 5/14/07 Re Adametz Subdivision, 153 Schnoor Road.
(8) Letter from Value Print of Clinton dated May 7, 2007.
(9) Clinton Planning & Zoning Commission Agenda for May 14, 2007.
(10) Two invoices from Howard & McMillan, Commission Attorney in the amounts of $217.00 and $496.00.
(11) Affidavit of Publication for Brad Turley, Seven Eighths Farm LLC public hearing.
(12) Original letter from Jacobson & Associates dated May 1, 2007 Re Sherwood Forest Subdivision Performance Bond.
(13) Two original letters from Jacobson & Associates dated May 1 and May 8, 2007 Re Release of Maintenance Bond for Beaver Dam Road, Ridges at Deer Lake Subdivision.
(14) Letter from Killingworth Inland Wetlands & Watercourses Commission to Killingworth Planning & Zoning Commission dated 4/16/07 Re Papoosha Application for Wetlands Review.
(15) Two letters from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated April 11, 2007 Re Papoosha Real Estate Investors, Sanitarian Review Approval and Fire Protection Review Approval.
(16) Two original letters from Jacobson & Associates dated April 30, 2007 and May 9, 2007 Re Papoosha Real Estate Investors LLC, 219 Route 80, Engineering Review.
(17) Original letter from Jacobson & Associates dated May 8, 2007 Re Adametz Subdivision, 153 Schnoor Road, Engineering Review.
(18) LaFarge Lot Line Change Application.
(19) Letter from AT&T to Cathie Jefferson dated May 10, 2007 Re Notification of Proposed New Equipment Placement.
5. Old Business
(a) Special Exception #225 - Running Brook Farms, 219 Route 80
Chairman Lentz noted all required approvals have been received. Motion by Stull, second by Annino, to approve Special Exception #225, Running Brook Farms. Discussion followed. It was noted there was a concern about people crossing the street, but that was addressed by the applicant. There was also discussion about having consignment antiques and the sale of locally grown small produce. Chairman Lentz questioned the storage of vehicles. It was noted that would be inside storage. Deliveries on the south side of Route 80 were reviewed. The applicant noted the majority of the bulk deliveries would be to the north side of Route 80. Mr. Annino noted that deliveries should be during normal business hours. The applicant agreed to this. Vote on the motion - PASSED UNANIMOUSLY.
(b) Resubdivision No. 309, Walter Adametz, Schnoor Road
Chairman Lentz noted this was scheduled for public hearing on June 5, 2007.
6. Zoning Enforcement Officer's Report
(1) C. Jefferson noted she received notice of an addition of AT&T equipment cabinets within the existing easement site on 184 Route 81. They have received DPUC approval for the cabinets and do not need to take out a local permit.
(2) C. Jefferson noted she spoke with the new owners of the former Greystone Farm who may come in with a new Special Exception application looking to expand on the existing use at the Farm.
(3) C. Jefferson noted someone inquired about a barn for horses that is only 30 feet off the property line. The regulation was changed to 50 feet. Section 61G Animals was reviewed. C. Jefferson noted the old regulation doesn't have anything relative to the 50 feet. Chairman Lentz reviewed the change as it should be written and regardless the regulation says that a barn for horses needs to be 50 feet from any property line.
(4) C. Jefferson noted Attorney Howard has filed a motion for default regarding Chris Lundberg.
(5) Stull asked about the reconstitution of the ditch on the Koziak Subdivision. He indicated the road was eroding badly. C. Jefferson noted the developer has 5 years to complete improvements, but if there the road is eroding, then she will contact them regarding this matter.
7. New Business
(a) Lot Line Change - LaFarge, 214 Green Hill Road
Mr. Nemergut noted this parcel has frontage on Green Hill Road, River Road and Riverview Road. The LaFarge homestead is on the corner of River Road and Green Hill Road. He reviewed the location of the property. The house has 2 acres with a barn and there is another 12 acres. About 3 acres came from a Subdivision Lot 7 off of River Road that the LaFarges purchased. The request for the lot line revision is to go to an 8 acre lot with the house and a 6 acre lot with frontage on Riverview Road. Mr. Nemergut noted they did soil testing and the net buildable is 5 1/2 acres so it is not a nonconforming lot. He indicated he received the building official's certificate of review of lot line today. Mr. Annino noted he thought this was 3 lots. Mr. Nemergut indicated the lots were merged. Motion by Stull, second by Hayash, to accept the lot line changes as presented. PASSED UNANIMOUSLY. A mylar should be prepared which Chairman Lentz will sign.
(b) Special Exception Application #227, Martial Arts School
Chairman Lentz noted this application was scheduled for June 5, 2007 for public hearing.
8. Report of Officer's and Subcommittees
Chairman Lentz noted he spoke to Mike Blake about the GIS contract. They have no intention of using subcontractors and that was the price. Mr. Blake also indicated he thought he could have a draft in a couple of weeks.
Bond Subcommittee Chairman Morgan referenced the letter from Jacobson & Associates dated May 8, 2007 regarding Review for Release of Maintenance Bond, Beaver Dam Road, Ridges at Deer Lake Subdivision. Motion by Morgan, second by Annino, to approve Release of the Maintenance Bond for the Beaver Dam Road in the amount of $39,200. PASSED UNANIMOUSLY.
It was noted for the record the bond release done at the last meeting was most likely for Buell Hill Road.
9. Adjournment
There being no further business, the meeting adjourned at 8:48 PM.
Special Exception Application #225 submitted by Papoosha Real Estate Investors LLC, applicant/owner, for Special Principal Use, Commercial District Retail, for property located at 219 Route 80, Killingworth, Tax Map 28, Parcel 39.
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)
1. Call to Order
T. Lentz called the meeting to order at 7:59 PM.
2. Minutes of Regular Meeting No. 912 Held May 1, 2007
Motion by Stull, second by Morgan, to approve May 1, 2007 Minutes as written. PASSED UNANIMOUSLY.
3. Visitors
Peter Richard and Gwenne Lally were present from the Killingworth Conservation Commission. They briefly reviewed the NEMO Program which was started by the former Conservation Commission Chairman, Dave Gumbart. A handout was distributed outlining the Program. Ms. Lally reviewed group mandates. She noted the Conservation Commission would like to take a more active role and asked Planning & Zoning to bring the Conservation Commission into the process when a Land Use Development application is received. It was felt this would be a very valuable asset to the Town. Mr. Annino noted the Commission is in the process of reviewing the Town's Plan of Conservation and Development and would hope other commissions, like the Conservation Commission or the Historical Society, would come up with strategic plans of their own that could be adopted into the Town's Plan of Conservation & Development. The timing is good to accomplish this task. Mr. Richard briefly reviewed the advantages of having GIS on the internet. This should be up and running by July 1st. The Tax Assessor's Maps will also be available. Chairman Lentz noted the Planning & Zoning Commission just hired an individual to do the parcel maps for the Plan. Lentz also indicated the Commission would shortly have a draft of the Plan ready and will forward it to the Conservation Commission for review. Ms. Lally noted there will be workshops once the GIS is up and running for those who wish to attend and become familiar with GIS.
4. Communications and Bills
(1) Legal Notice Publication for Special Exception Application #225, Papoosha Real Estate Investors LLC.
(2) Board of Selectmen Minutes and Notice of Vote from May 3, 2007.
(3) Letter from Killingworth Inland Wetlands & Watercourses Commission to Killingworth Planning & Zoning Commission dated 5/14/07 Re Proposed Activity - Killingworth Country Commons LLC Rt 81.
(4) Connecticut Federation of Planning & Zoning Agencies Quarterly Newsletter, Volume XI, Issue 2, Spring 2007, Minimum Buildable Area Regulation Legal.
(5) Letter to Harkin Engineering from R. E. Leighton, Code Official, dated May 13, 2007 Re Olde Church Commons, Revised Plan Modifications.
(6) Letter from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated May 13, 2007 Re Special Exception Review Marshal Arts Studio, 183 Route 81, Favorable Sanitation/Fire Protection Review.
(7) Letter from Killingworth Inland Wetlands & Watercourses Commission to Killingworth Planning & Zoning Commission dated 5/14/07 Re Adametz Subdivision, 153 Schnoor Road.
(8) Letter from Value Print of Clinton dated May 7, 2007.
(9) Clinton Planning & Zoning Commission Agenda for May 14, 2007.
(10) Two invoices from Howard & McMillan, Commission Attorney in the amounts of $217.00 and $496.00.
(11) Affidavit of Publication for Brad Turley, Seven Eighths Farm LLC public hearing.
(12) Original letter from Jacobson & Associates dated May 1, 2007 Re Sherwood Forest Subdivision Performance Bond.
(13) Two original letters from Jacobson & Associates dated May 1 and May 8, 2007 Re Release of Maintenance Bond for Beaver Dam Road, Ridges at Deer Lake Subdivision.
(14) Letter from Killingworth Inland Wetlands & Watercourses Commission to Killingworth Planning & Zoning Commission dated 4/16/07 Re Papoosha Application for Wetlands Review.
(15) Two letters from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated April 11, 2007 Re Papoosha Real Estate Investors, Sanitarian Review Approval and Fire Protection Review Approval.
(16) Two original letters from Jacobson & Associates dated April 30, 2007 and May 9, 2007 Re Papoosha Real Estate Investors LLC, 219 Route 80, Engineering Review.
(17) Original letter from Jacobson & Associates dated May 8, 2007 Re Adametz Subdivision, 153 Schnoor Road, Engineering Review.
(18) LaFarge Lot Line Change Application.
(19) Letter from AT&T to Cathie Jefferson dated May 10, 2007 Re Notification of Proposed New Equipment Placement.
5. Old Business
(a) Special Exception #225 - Running Brook Farms, 219 Route 80
Chairman Lentz noted all required approvals have been received. Motion by Stull, second by Annino, to approve Special Exception #225, Running Brook Farms. Discussion followed. It was noted there was a concern about people crossing the street, but that was addressed by the applicant. There was also discussion about having consignment antiques and the sale of locally grown small produce. Chairman Lentz questioned the storage of vehicles. It was noted that would be inside storage. Deliveries on the south side of Route 80 were reviewed. The applicant noted the majority of the bulk deliveries would be to the north side of Route 80. Mr. Annino noted that deliveries should be during normal business hours. The applicant agreed to this. Vote on the motion - PASSED UNANIMOUSLY.
(b) Resubdivision No. 309, Walter Adametz, Schnoor Road
Chairman Lentz noted this was scheduled for public hearing on June 5, 2007.
6. Zoning Enforcement Officer's Report
(1) C. Jefferson noted she received notice of an addition of AT&T equipment cabinets within the existing easement site on 184 Route 81. They have received DPUC approval for the cabinets and do not need to take out a local permit.
(2) C. Jefferson noted she spoke with the new owners of the former Greystone Farm who may come in with a new Special Exception application looking to expand on the existing use at the Farm.
(3) C. Jefferson noted someone inquired about a barn for horses that is only 30 feet off the property line. The regulation was changed to 50 feet. Section 61G Animals was reviewed. C. Jefferson noted the old regulation doesn't have anything relative to the 50 feet. Chairman Lentz reviewed the change as it should be written and regardless the regulation says that a barn for horses needs to be 50 feet from any property line.
(4) C. Jefferson noted Attorney Howard has filed a motion for default regarding Chris Lundberg.
(5) Stull asked about the reconstitution of the ditch on the Koziak Subdivision. He indicated the road was eroding badly. C. Jefferson noted the developer has 5 years to complete improvements, but if there the road is eroding, then she will contact them regarding this matter.
7. New Business
(a) Lot Line Change - LaFarge, 214 Green Hill Road
Mr. Nemergut noted this parcel has frontage on Green Hill Road, River Road and Riverview Road. The LaFarge homestead is on the corner of River Road and Green Hill Road. He reviewed the location of the property. The house has 2 acres with a barn and there is another 12 acres. About 3 acres came from a Subdivision Lot 7 off of River Road that the LaFarges purchased. The request for the lot line revision is to go to an 8 acre lot with the house and a 6 acre lot with frontage on Riverview Road. Mr. Nemergut noted they did soil testing and the net buildable is 5 1/2 acres so it is not a nonconforming lot. He indicated he received the building official's certificate of review of lot line today. Mr. Annino noted he thought this was 3 lots. Mr. Nemergut indicated the lots were merged. Motion by Stull, second by Hayash, to accept the lot line changes as presented. PASSED UNANIMOUSLY. A mylar should be prepared which Chairman Lentz will sign.
(b) Special Exception Application #227, Martial Arts School
Chairman Lentz noted this application was scheduled for June 5, 2007 for public hearing.
8. Report of Officer's and Subcommittees
Chairman Lentz noted he spoke to Mike Blake about the GIS contract. They have no intention of using subcontractors and that was the price. Mr. Blake also indicated he thought he could have a draft in a couple of weeks.
Bond Subcommittee Chairman Morgan referenced the letter from Jacobson & Associates dated May 8, 2007 regarding Review for Release of Maintenance Bond, Beaver Dam Road, Ridges at Deer Lake Subdivision. Motion by Morgan, second by Annino, to approve Release of the Maintenance Bond for the Beaver Dam Road in the amount of $39,200. PASSED UNANIMOUSLY.
It was noted for the record the bond release done at the last meeting was most likely for Buell Hill Road.
9. Adjournment
There being no further business, the meeting adjourned at 8:48 PM.
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