Regular Meeting 918
Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino
S. Morgan
J. Adametz
E. Hayash
P. Stull
D. Gross (non-seated alternate)
J. O'Brien (non-seated alternate)
It is noted for the record a public hearing was held for Special Exception Application #228 submitted by Cindy Zajac & Erin Terenzio, applicant, for owner, LBC Holdings LLC for Special Principal Use, Commercial District, for Expansion of Day Care, for property located at 155 Route 81, Killingworth, Tax Map 33, Parcel 59B in GC/RR Zone.
1. Call to Order
T. Lentz called the meeting to order at 7:45 PM.
2. Minutes of Regular Meeting No. 917 Held July 17, 2007
Motion by Stull, second by Annino, to approve July 17, 2007 Minutes as amended -
It is noted for the record that P. Stull was a regular voting member at this meeting (strike non-voting alternate). Also, P. McGuinness was present as a non-voting alternate).
Page 3, correct the following sentence - "Phil Stull noted he and Jere Adametz recently attended a meeting of the Board of Selectmen in which it was stated by the First Selectman that the Planning & Zoning survey had some flaws."
PASSED UNANIMOUSLY.
3. Visitors - none.
4. Communications and Bills
(1) Following regarding Special Exception Application #228, Killingworth Kid's Center - Day Care -
(a) Original letter from Jacobson & Associates dated July 18, 2007 Re Site Plan Review
(b) Fax from Jacobson & Associates dated August 6, 2007 Re Site Plan Review
(c) Letter from R. E. Leighton, Code Official, dated July 9, 2007 Re Fire Protection Review/Approval
(d) Letter from R. E. Leighton, Code Official, dated July 9, 2007 Re Sanitarian Review/Approval
(e) Legal Notice Publication and Affidavit of Publication for Notice of Public Hearing
(2) Special Exception Application #230, Jazzercise of Killingworth
(3) Subdivision Application #310, Paul & Deborah Griswold
(4) Memo from First Selectman Klein Re Reminder of Affordable Workforce/Housing for Elderly Meeting July 31, 2007 - Fire House Meeting Room
(5) Letter from Town of Clinton Planning & Zoning Commission dated July 23, 2007 Re Town Plan of Conservation and Development
(6) Board of Selectmen Notice of Vote and Minutes from July 23, 2007 Meeting
(7) Letter from R. E. Leighton, Code Official, to First Selectman Klein dated July 15, 2007 Re Permit #B07-079 Lot #3 Sherwood Forest, Estimated Construction Costs
(8) Invoice from Tighe & Bond in the amount of $1,679.50 for open space and land use mapping
(9) Copies of Planning & Zoning Budget.
(10) Inland Wetlands & Watercourses Commission Minutes from July 24, 2007
(11) Letter from Cathie S. Jefferson to Patricia Worth dated 8/2/07 Re Someday Farm
(12) Two invoices from Howard and McMillan for legal services in the amount of $465.00 and $620.00
(13) Letter from The Trust for Public Land to Planning & Zoning Commission Chairman dated July 27, 2007 appointing Melissa Spear as Connecticut State Director
(14) Letter from Town of Clinton Planning & Zoning Commission to Town Clerk dated August 3, 2007 Re Petition to Amend Zoning Regulations Section 2.2.7 - Assisted Living Facility
(15) Letter from R. E. Leighton, Code Official, to Planning & Zoning Commission dated August 4, 2007 Re Special Exception Review, Jazzercise Occupancy, Favorable Sanitarian/Fire Protection Review
(16) Letters from R. E. Leighton, Code Official, to Planning & Zoning Commission, dated August 4, 2007 Re Griswold Subdivision, Fire Protection/Review and Sanitarian's Review
5. Old Business
(a) Special Exception Application #228 - Killingworth Kid's Day Care Center, 155 Route 81, Expansion from 64 to 74 Children
Chairman Lentz noted the public hearing was held this evening. Approvals were received from the Sanitarian and Fire Protection and no Wetlands permit was required. Motion by Stull, second by Hayash, to approve Special Exception Application #228 as presented. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted she attended court a couple weeks ago regarding the Lundberg property. It was agreed the property would be in compliance by the end of September.
(b) C. Jefferson noted there was some filling and testing done on the True Value property for the State.
(c) C. Jefferson noted she has had a couple of inquiries regarding vendors. There isn't anything in the Zoning Regulations regarding vendors. She indicated most towns have an Ordinance dealing with vendors having certain criteria. C. Jefferson noted she investigated the State Statutes regarding this matter. She suggested either the Town have an Ordinance governing vendors or there be a temporary regulation in the Zoning Regulations for vendors. Either way there should be certain criteria and food inspections are required. C. Jefferson will discuss this matter with the First Selectman and suggest that Attorney Mike Wells look into having an Ordinance.
(d) C. Jefferson will forward the GIS website to members and urged everyone to look at it.
7. New Business
(a) Subdivision Application #310 - Paul and Deborah Griswold, Cow Hill and Green Hill Roads
Roger Nemergut was present representing the applicant. He indicated the Griswold property has frontage on both Green Hill Road and Cow Hill Road. The proposal is for 2 lots - 2.7 acres with the house and a 5.9 acre lot with a driveway from Green Hill Road. The net buildable would be 3.3 acres. Mr. Nemergut indicated a wetlands permit has been obtained for activity in the regulated area. A copy of the wetlands permit will be submitted. Mr. Nemergut noted a waiver request was submitted for Section 6.3.3(d) Topographical Survey. Sanitation and Fire Protection approvals have been received. Chairman Lentz read the Wetlands Minutes where this was approved, but requested a report from Inland Wetlands. He noted the Town Engineer's report had not been submitted yet. Mr. Annino asked about the condition of the stone wall to the northeast of the driveway. Nemergut replied it was in good shape and the driveway was at grade so the wall will be okay. He indicated there will be no changes of grade at the stone wall and that could be noted on the plan. Nemergut stated the driveway (as noted on the cross section) will be paved for the full length (12 pitch) with an erosion control detail along the driveway to protect the wetlands. Mr. Nemergut reviewed the driveway runoff, silt fence and erosion control. He noted the driveway will be cross pitched to shed the water continually. There is an extra level of protection with the silt fence and check dam. There was a question as to what happens if there is a problem with runoff from the driveway. C. Jefferson noted that would become an enforcement issue that would be dealt with by herself, the Code Official and the Town Highway Foreman. Ultimately the homeowner is responsible to correct any problem. There was discussion as to timing of the paving of driveways and whether they actually get constructed as designed. It was suggested a note be put on the plan to the effect there will be no deviations from this plan without prior approval of the Planning & Zoning Commission. Motion by Annino, second by Stull, to approve request for Waiver of Section 6.3.3(d) The Plan Area for Subdivision Application #310, Deborah & Paul Griswold, Cow Hill Road and Green Hill Road. PASSED UNANIMOUSLY.
(b) Special Exception #230 - Jazzercise of Killingworth, 183 Route 81
A public hearing was scheduled for September 4, 2007. C. Jefferson briefly reviewed this matter. It was agreed the ZEO would send a Notice of Violation to the property owner with a copy to Jazzercise. It was noted there could be an issue with parking.
8. Report of Officer's and Subcommittees
(a) Updates of Town Plan of Conservation & Development
Chairman Lentz noted he copied everyone on the Affordable Housing meeting report. He noted he also sent a letter to the First Selectman regarding the Planning & Zoning survey. Copies of the results of the survey from CRERPA were also sent to all members to review. Chairman Lentz noted copies will be made of the draft Plan to be distributed and reviewed.
A recent court decision was reviewed where a Planning & Zoning Commission turned down a subdivision application because of traffic concerns in the area. This was upheld by the court and then overturned by the Supreme Court. C. Jefferson noted this doesn't include Special Exceptions, only subdivisions. Traffic can be considered in Special Exception applications.
9. Adjournment
There being no further business, the meeting adjourned at 8:55 PM.
L. Annino
S. Morgan
J. Adametz
E. Hayash
P. Stull
D. Gross (non-seated alternate)
J. O'Brien (non-seated alternate)
It is noted for the record a public hearing was held for Special Exception Application #228 submitted by Cindy Zajac & Erin Terenzio, applicant, for owner, LBC Holdings LLC for Special Principal Use, Commercial District, for Expansion of Day Care, for property located at 155 Route 81, Killingworth, Tax Map 33, Parcel 59B in GC/RR Zone.
1. Call to Order
T. Lentz called the meeting to order at 7:45 PM.
2. Minutes of Regular Meeting No. 917 Held July 17, 2007
Motion by Stull, second by Annino, to approve July 17, 2007 Minutes as amended -
It is noted for the record that P. Stull was a regular voting member at this meeting (strike non-voting alternate). Also, P. McGuinness was present as a non-voting alternate).
Page 3, correct the following sentence - "Phil Stull noted he and Jere Adametz recently attended a meeting of the Board of Selectmen in which it was stated by the First Selectman that the Planning & Zoning survey had some flaws."
PASSED UNANIMOUSLY.
3. Visitors - none.
4. Communications and Bills
(1) Following regarding Special Exception Application #228, Killingworth Kid's Center - Day Care -
(a) Original letter from Jacobson & Associates dated July 18, 2007 Re Site Plan Review
(b) Fax from Jacobson & Associates dated August 6, 2007 Re Site Plan Review
(c) Letter from R. E. Leighton, Code Official, dated July 9, 2007 Re Fire Protection Review/Approval
(d) Letter from R. E. Leighton, Code Official, dated July 9, 2007 Re Sanitarian Review/Approval
(e) Legal Notice Publication and Affidavit of Publication for Notice of Public Hearing
(2) Special Exception Application #230, Jazzercise of Killingworth
(3) Subdivision Application #310, Paul & Deborah Griswold
(4) Memo from First Selectman Klein Re Reminder of Affordable Workforce/Housing for Elderly Meeting July 31, 2007 - Fire House Meeting Room
(5) Letter from Town of Clinton Planning & Zoning Commission dated July 23, 2007 Re Town Plan of Conservation and Development
(6) Board of Selectmen Notice of Vote and Minutes from July 23, 2007 Meeting
(7) Letter from R. E. Leighton, Code Official, to First Selectman Klein dated July 15, 2007 Re Permit #B07-079 Lot #3 Sherwood Forest, Estimated Construction Costs
(8) Invoice from Tighe & Bond in the amount of $1,679.50 for open space and land use mapping
(9) Copies of Planning & Zoning Budget.
(10) Inland Wetlands & Watercourses Commission Minutes from July 24, 2007
(11) Letter from Cathie S. Jefferson to Patricia Worth dated 8/2/07 Re Someday Farm
(12) Two invoices from Howard and McMillan for legal services in the amount of $465.00 and $620.00
(13) Letter from The Trust for Public Land to Planning & Zoning Commission Chairman dated July 27, 2007 appointing Melissa Spear as Connecticut State Director
(14) Letter from Town of Clinton Planning & Zoning Commission to Town Clerk dated August 3, 2007 Re Petition to Amend Zoning Regulations Section 2.2.7 - Assisted Living Facility
(15) Letter from R. E. Leighton, Code Official, to Planning & Zoning Commission dated August 4, 2007 Re Special Exception Review, Jazzercise Occupancy, Favorable Sanitarian/Fire Protection Review
(16) Letters from R. E. Leighton, Code Official, to Planning & Zoning Commission, dated August 4, 2007 Re Griswold Subdivision, Fire Protection/Review and Sanitarian's Review
5. Old Business
(a) Special Exception Application #228 - Killingworth Kid's Day Care Center, 155 Route 81, Expansion from 64 to 74 Children
Chairman Lentz noted the public hearing was held this evening. Approvals were received from the Sanitarian and Fire Protection and no Wetlands permit was required. Motion by Stull, second by Hayash, to approve Special Exception Application #228 as presented. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted she attended court a couple weeks ago regarding the Lundberg property. It was agreed the property would be in compliance by the end of September.
(b) C. Jefferson noted there was some filling and testing done on the True Value property for the State.
(c) C. Jefferson noted she has had a couple of inquiries regarding vendors. There isn't anything in the Zoning Regulations regarding vendors. She indicated most towns have an Ordinance dealing with vendors having certain criteria. C. Jefferson noted she investigated the State Statutes regarding this matter. She suggested either the Town have an Ordinance governing vendors or there be a temporary regulation in the Zoning Regulations for vendors. Either way there should be certain criteria and food inspections are required. C. Jefferson will discuss this matter with the First Selectman and suggest that Attorney Mike Wells look into having an Ordinance.
(d) C. Jefferson will forward the GIS website to members and urged everyone to look at it.
7. New Business
(a) Subdivision Application #310 - Paul and Deborah Griswold, Cow Hill and Green Hill Roads
Roger Nemergut was present representing the applicant. He indicated the Griswold property has frontage on both Green Hill Road and Cow Hill Road. The proposal is for 2 lots - 2.7 acres with the house and a 5.9 acre lot with a driveway from Green Hill Road. The net buildable would be 3.3 acres. Mr. Nemergut indicated a wetlands permit has been obtained for activity in the regulated area. A copy of the wetlands permit will be submitted. Mr. Nemergut noted a waiver request was submitted for Section 6.3.3(d) Topographical Survey. Sanitation and Fire Protection approvals have been received. Chairman Lentz read the Wetlands Minutes where this was approved, but requested a report from Inland Wetlands. He noted the Town Engineer's report had not been submitted yet. Mr. Annino asked about the condition of the stone wall to the northeast of the driveway. Nemergut replied it was in good shape and the driveway was at grade so the wall will be okay. He indicated there will be no changes of grade at the stone wall and that could be noted on the plan. Nemergut stated the driveway (as noted on the cross section) will be paved for the full length (12 pitch) with an erosion control detail along the driveway to protect the wetlands. Mr. Nemergut reviewed the driveway runoff, silt fence and erosion control. He noted the driveway will be cross pitched to shed the water continually. There is an extra level of protection with the silt fence and check dam. There was a question as to what happens if there is a problem with runoff from the driveway. C. Jefferson noted that would become an enforcement issue that would be dealt with by herself, the Code Official and the Town Highway Foreman. Ultimately the homeowner is responsible to correct any problem. There was discussion as to timing of the paving of driveways and whether they actually get constructed as designed. It was suggested a note be put on the plan to the effect there will be no deviations from this plan without prior approval of the Planning & Zoning Commission. Motion by Annino, second by Stull, to approve request for Waiver of Section 6.3.3(d) The Plan Area for Subdivision Application #310, Deborah & Paul Griswold, Cow Hill Road and Green Hill Road. PASSED UNANIMOUSLY.
(b) Special Exception #230 - Jazzercise of Killingworth, 183 Route 81
A public hearing was scheduled for September 4, 2007. C. Jefferson briefly reviewed this matter. It was agreed the ZEO would send a Notice of Violation to the property owner with a copy to Jazzercise. It was noted there could be an issue with parking.
8. Report of Officer's and Subcommittees
(a) Updates of Town Plan of Conservation & Development
Chairman Lentz noted he copied everyone on the Affordable Housing meeting report. He noted he also sent a letter to the First Selectman regarding the Planning & Zoning survey. Copies of the results of the survey from CRERPA were also sent to all members to review. Chairman Lentz noted copies will be made of the draft Plan to be distributed and reviewed.
A recent court decision was reviewed where a Planning & Zoning Commission turned down a subdivision application because of traffic concerns in the area. This was upheld by the court and then overturned by the Supreme Court. C. Jefferson noted this doesn't include Special Exceptions, only subdivisions. Traffic can be considered in Special Exception applications.
9. Adjournment
There being no further business, the meeting adjourned at 8:55 PM.
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