Regular Meeting 921
Present - T. Lentz, Chairman
L. Annino
S. Morgan
J. Adametz
E. Hayash
P. Stull
P. McGuinness (non-seated alternate)
J. O'Brien (non-seated alternate)
1. Call to Order
T. Lentz called the meeting to order at 7:30 PM.
2. Minutes of Regular Meeting No. 919 Held August 21, 2007
Motion by Stull, second by Adametz, to approve August 21, 2007 Minutes with the correction that Tibbals Bridge should be referenced throughout the Minutes as Tibbals Bridge on Tibbals Bridge Road. PASSED UNANIMOUSLY.
3. Visitors - none.
4. Communications and Bills
The following correspondence was submitted at the public hearing for Jazzercise, Special Exception #230 which was held on September 4, 2007 -
(1) Email from Tony DeAngelo to Helena Erskine dated August 31, 2007.
(2) Letter dated September 1, 2007 from Michelle Cretella, Artistic Director of Back Stage Dance Center LLC.
(3) Letter from Joan Reed Wilson, Esq., LLC dated August 30, 2007.
(4) Copy of Lease dated May 15, 2007 between 183 Route 81 LLC and Killingworth JFC, LLC.
(5) Affidavit of Publication and two Legal Notice Publications for Notice of Public Hearing.
(6) Copy of August 7, 2007 Planning & Zoning Commission Minutes.
(7) Copy of Cease & Desist Order dated 8/23/07 from Cathie S. Jefferson ZEO to Helena Erskine.
(8) Memo from Cathie S. Jefferson ZEO to Killingworth Planning & Zoning Commission dated 9/4/07 Re Update on Enforcement Action with Jazzercise of Killingworth.
(9) Letter from CVIPP, Jodie Gebhard, Property Manager, Mislick Properties LLC dated August 25, 2007 to Planning & Zoning Commission.
(10) Letter from Mindy Crouse-Artus to Planning & Zoning Commission dated September 2, 2007.
(11) Notice of Violation dated 8/9/07 from Cathie S. Jefferson ZEO to Dean Bochanis.
(12) Letter from R. E. Leighton, Code Official dated August 4, 2007 Re Special Exception Review, Jazzercise Occupancy, Favorable Sanitation/Fire Protection Review.
The following correspondence was received at September 18, 2007 Meeting -
(1) Letter from Walter Adametz, Road Foreman to Planning & Zoning Commission dated September 14, 2007 Re Boundary Pinning on Frontage.
(2) Memo from Cathie S. Jefferson ZEO to Planning & Zoning Commission dated 9/18/07 Re Report on Jazzercise of Killingworth.
(3) Letter from R. E. Leighton, Code Official, to Planning & Zoning Commission dated September 14, 2007 Re 183 Route 81, Fire Protection/Approval Rescinded.
(4) Letter from Sue McIntosh, M.D. to Planning & Zoning Commission dated September 1, 2007 Re Someday Farm activities.
(5) Board of Selectmen Notice of Vote from August 27, 2007.
(6) Board of Selectmen Minutes from August 13, 2007, August 22, 2007, August 27, 2007 and September 10, 2007.
(7) Letter from R. E. Leighton, Agent for Health Director, to Connecticut Department of Public Health dated August 26, 2007 Re Killingworth Elementary School, Transient Non-Community Water System, New Potable Well Application.
(8) Letter from Cathie S. Jefferson ZEO to Aldea Savva LLC c/o Phillip Savva dated 8/28/07 Re Apartment.
(9) Letter from R. E. Leighton, Code Official, to Kjell E. Berg dated August 26, 2007 Re Freedom Of Information Request.
(10) Letters from R. E. Leighton, Agent for the Health Director, to Jensen's Inc. dated August 17, 2007 Re Sub-Surface Sewage Disposal System at 11 Beachwood, 1 Upper Boulder Trail, 34 Lower Boulder Trail and 24 Swan Lake.
(11) Burr Hill Road Project Schedule.
(12) Original letter from Jacobson & Associates dated August 21, 2007 Re Griswold Subdivision, Engineering Review.
(13) Original letter from Jacobson & Associates dated August 31, 2007 Re Old Church Commons, Engineering Review.
(14) Water Pollution Control Authority Minutes from August 1, 2007 and September 5, 2007.
(15) Invoice from Tighe & Bond dated 8/30/07 for mapping services $516.00.
(16) Clinton Planning & Zoning Commission Agenda for September 10, 2007.
(17) Letter from R. E. Leighton, Code Official, to Harkin Engineering dated September 8, 2007 Re Olde Church Commons, Route 81/Chittenden Road, Revised Plan Modification Comments.
(18) Two invoices from Howard & McMillan dated 9/10/07 in the amounts of $682.04 and $31.00.
(19) Two letters from R. E. Leighton, Code Official, to Water Pollution Control Authority dated September 8, 2007 Re Proposed Water Pollution Control Ordinance.
(20) Affidavit of Publication for Notice of Decision for Subdivision Application #310 Deborah and Paul Griswold.
(21) Special Exception Application #231 from Killingworth Center LLC.
5. Old Business
(a) Special Exception #230 - Jazzercise of Killingworth, 183 Route 81
Chairman Lentz noted the public hearing was held for this application on September 4, 2007. He noted wetlands and sanitarian approvals were received. A number of residents were also present and spoke in favor of the application as it was a good activity. Chairman Lentz indicated they were operating without a permit despite receiving a notice of violation and a cease and desist order. It also appears that parking was greatly insignificant. Nine spaces were allocated, however, the ZEO determined that considerably more spaces were needed. Overflow parking was going into spaces allocated to other businesses and non-parking spaces which could potentially create a safety hazard. Mr. Stull noted he thought there probably were more spaces available that could be painted, but a letter was just received indicating that Fire Protection approval has been rescinded. Chairman Lentz noted he wasn't sure if the Commission could consider that letter as it wasn't introduced at the public hearing. The Commission did determine, however, that parking was inadequate and that overflow parking was creating a safety hazard. Mr. Annino noted if the Commission approved this application, there would essentially be an approval to potentially operate the business in that location but no Certificate of Occupancy would be issued because the Fire Protection approval has been rescinded. The applicant would still not be able to operate that business. There was much discussion regarding the number of parking spaces and whether or not there was room available for additional spaces. Mr. Annino indicated when that commercial development came before the Commission, parking was discussed. Criteria was very limited and it was going to be a low impact commercial development. The landlord has operated outside of what was discussed at approval time and has put a tenant in a tough position. Chairman Lentz indicated the landlord didn't know at the time of approval what type of businesses were come in. Ms. Morgan noted the applicant stated at the public hearing they would restrict use to the number of parking spaces but according to the ZEO, they have not done so.
Mr. Annino noted he thought this was a good business and was in support of it, but could not approve an application knowing that site was not capable of supporting the business. It is a matter of public safety and traffic issues. He felt this would have to go back to the landlord for resolution. Chairman Lentz noted he agreed and felt the applicant would have to work with the landlord and come in with a new plan to try to develop additional parking perhaps in the back.
Hours of operation were reviewed and whether these hours would be when other businesses are closed.
Mr. Annino noted the simple fact is that this business requires more spaces than that facility can support. It's not fair to the other businesses operating in that facility.
Motion by Annino, second by Stull, to approve Special Exception Application #230, Jazzercise of Killingworth. Voting in favor - none. Opposed - unanimous. DENIED UNANIMOUSLY.
An unknown individual (presumably the applicant) stated the Commission should not have considered Cathie Jefferson's memo indicating she observed parking at that site on September 6, 2007.
6. Zoning Enforcement Officer's Report
A list of zoning permits was distributed.
7. New Business
(a) Special Exception #231 - True Value Hardware - receipt of application, set public hearing date.
Michael Harkin from Harkin Engineering introduced himself as the applicant's (Killingworth Center LLC) representative for property they own on Route 81 known as Olde Church Commons. He noted this parcel was located between the State Trooper's Office and Chittenden Road and almost adjacent to the Clover Leaf at the Circle. The Cost family was also present. Mr. Harkin noted they were here with a cluster subdivision with 3 buildings - one for the True Value Hardware Store, one for cold storage area to supplement the True Value Store, one for a professional office/retail. The subject parcel is approximately 5.57 acres and some wetlands on the site. Mr. Harkin asked that the Commission set a site walk and schedule a public hearing. The full project team will be available to review the site plan and buildings. It was noted both the Town Engineer and Richard Leighton already have copies of the plans. Mr. Harkin noted letters from the Town Engineer and Mr. Leighton have already been submitted. Chairman Lentz indicated concerns brought up in those letters must be responded to before the public hearing. Mr. Harkin noted they received original approval from the Inland Wetlands Commission and some changes were done at the request of the Town Engineer. There should be an approval from Wetlands relative to those changes. Chairman Lentz noted that approval from Wetlands has not been received to date. Mr. Harkin noted he has a letter from Wetlands from two months ago granting original approval. Chairman Lentz asked Mr. Harkin to submit a copy of that letter. He explained the Commission does not schedule a public hearing before all other approvals are received. Mr. Harkin noted revised plans have been prepared as a result of the Town Engineer's letter and those will be submitted. He briefly reviewed an approval given to Robert Dowler for this site noting some minor changes and tweaking had been done of that original site plan. In discussions with Cathie Jefferson, it was decided a new application was appropriate. Chairman Lentz noted usually an applicant comes in for a preliminary discussion for this type of an application.
Mr. Harkin reviewed boundaries. He noted the original approval for the previous owner included almost half of the property being donated to the Killingworth Land Trust. He pointed out the Olde Church Grounds of which an extensive archaeological study has been done. The study suggested boulders be placed all around the Olde Church Grounds, property which had already been given to the Land Trust. Permission was obtained from the Land Trust to place the boulders. He will submit a copy of the letter from the Land Trust as soon as it is received. Chairman Lentz noted there is a possibility one of the historical buildings extends out of the open space north into the applicant's property so it might be necessary to make an adjustment in the open space.
Chairman Lentz noted Commission members would walk the site and would like to see the open space boundaries. Mr. Harkin noted the boundaries are already flagged.
Mr. Harkin noted there is a small pocket of wetlands on the site. There is the same amount of wetlands impact and wetlands approval has been received.
Mr. Harkin reviewed the site plan showing the 3 buildings and entrance from Route 81. He reviewed the fire tank location and signs on the premises. The detail sheets were reviewed. Mr. Harkin reviewed the 24 foot entry driveway as well as the location for the repair center for lawn mowers and small machinery and a small area for propane refills. Two truck loading spaces have been provided per the regulations. Parking at the front of the store including handicap parking was reviewed. Entrance and additional parking was reviewed. Side setbacks were reviewed. There was a question as to whether a variance would be needed for the corner of the building as it was encroaching into the setback 15 feet. There was discussion regarding the proximity to the historical site.
There was much discussion regarding location of the buildings, setbacks, location of septic, etc. Mr. Harkin noted they had an extensive review with the Wetlands Commission. He reviewed landscaping including control of lighting on the site. One issue was headlight glare. It was noted lighting was an issue with the original approval and the previous applicant.
The area for filling of propane tanks was reviewed. Mr. Annino had a question regarding the location and proximity to the property line.
Mr. Harkin reviewed mechanicals noting an emergency generator is being proposed (low decibel model, similar to Pharmedica). There will also be multiple dumpster locations that have been reviewed by the Town Engineer.
The cold storage building was reviewed. Mr. Harkin noted the Cost family would like to bring items currently stored outside within a building.
Mr. Harkin reviewed the differences between the original building approval (two stories) and this proposal. This proposal was a larger footprint to eliminate the second story.
The professional office building was reviewed. It was understood any business going in would have to come before the Commission.
Lighting, grading and utility were reviewed. Fire protection was reviewed.
Mr. Harkin reviewed storm drainage. The Town Engineer has reviewed and approved drainage calculations.
Mr. Harkin noted the State DEP requires any property with over 5 acres of disturbance must be registered with the State. This site is projected to have 4.75 acres of disturbance and will be applying for a DEP permit.
Mr. Harkin reviewed the erosion control plan for the site. Construction sequence was reviewed. The first phase will be the main building and the cold storage building. The second phase will be the professional office building. The construction entrance was reviewed. DOT has approved the driveway opening and project and are requiring a small bypass lane be put on Route 81. A plan has been submitted to DOT for their approval. Mr. Harkin noted they are trying to coordinate with DOT for work on Route 81. It was noted this site only has frontage on Route 81.
Mr. Harkin reviewed site signage including directional signage through the site. He reviewed traffic circulation from an emergency standpoint.
The question was asked if a restaurant could go in there. Mr. Harkin replied no as the septic system would not handle a restaurant. Only professional or small retail could be accommodated.
Detailed septic plan was reviewed, some revisions still need to be made.
Mr. Harkin noted there is less disturbance to the site with this proposal than the original application that had been approved. He will review this during the public hearing.
Screening of dumpsters, painting of pavement markings, sign schedule, emergency access gate, utilities, catch basins are all included in the detail sheets.
There was discussion regarding gravel versus pavement. Mr. Harkin noted this was one of the reasons why it took so long for this application to go through the wetlands process. The Wetlands Commission wanted the professional office building as close to the wetlands as possible in order to use the building as a buffer between traffic and the wetlands.
Fire Protection was again reviewed. Mr. Stull noted he would like to see a second emergency access. Mr. Harkin noted they have looked at this, but the ledge is 15 feet high.
There was further discussion regarding the main building encroachment into the side setback. Could the building be rotated? Something will have to be done to rectify this situation. Chairman Lentz noted a plan could not be submitted that doesn't meet the Zoning Regulations. The only alternative would be to go before the Zoning Board of Appeals. Mr. Harkin noted this was a self-created hardship in that the applicant gave that portion of the property to the Land Trust. Mr. Annino noted this site has an historical aspect and felt that would be a hardship. It was again noted the only two options would be ZBA for a variance or look at the building again to see if it could be adjusted. Mr. Harkin noted he will take a look at this and find a solution to this issue.
Chairman Lentz pointed out the location of some historical aspects on the site.
Mr. Harkin summarized outstanding issues - 1) issue of the building in the setback, 2) what's happening with the historical site itself, and 3) is the propane tank in an acceptable location. Mr. Annino reiterated all documentation should be submitted before the public hearing.
A site walk was scheduled for Sunday, September 23, 2007, at 10:00 AM.
It was suggested Mr. Harkin attend the next meeting, October 2, 2007, to discuss any outstanding issues that may arise at the site walk.
8. Report of Officer's and Subcommittees
(a) Updates of Town Plan of Conservation and Development
No discussion.
9. Adjournment
There being no further business, the meeting adjourned at 9:20 PM.
L. Annino
S. Morgan
J. Adametz
E. Hayash
P. Stull
P. McGuinness (non-seated alternate)
J. O'Brien (non-seated alternate)
1. Call to Order
T. Lentz called the meeting to order at 7:30 PM.
2. Minutes of Regular Meeting No. 919 Held August 21, 2007
Motion by Stull, second by Adametz, to approve August 21, 2007 Minutes with the correction that Tibbals Bridge should be referenced throughout the Minutes as Tibbals Bridge on Tibbals Bridge Road. PASSED UNANIMOUSLY.
3. Visitors - none.
4. Communications and Bills
The following correspondence was submitted at the public hearing for Jazzercise, Special Exception #230 which was held on September 4, 2007 -
(1) Email from Tony DeAngelo to Helena Erskine dated August 31, 2007.
(2) Letter dated September 1, 2007 from Michelle Cretella, Artistic Director of Back Stage Dance Center LLC.
(3) Letter from Joan Reed Wilson, Esq., LLC dated August 30, 2007.
(4) Copy of Lease dated May 15, 2007 between 183 Route 81 LLC and Killingworth JFC, LLC.
(5) Affidavit of Publication and two Legal Notice Publications for Notice of Public Hearing.
(6) Copy of August 7, 2007 Planning & Zoning Commission Minutes.
(7) Copy of Cease & Desist Order dated 8/23/07 from Cathie S. Jefferson ZEO to Helena Erskine.
(8) Memo from Cathie S. Jefferson ZEO to Killingworth Planning & Zoning Commission dated 9/4/07 Re Update on Enforcement Action with Jazzercise of Killingworth.
(9) Letter from CVIPP, Jodie Gebhard, Property Manager, Mislick Properties LLC dated August 25, 2007 to Planning & Zoning Commission.
(10) Letter from Mindy Crouse-Artus to Planning & Zoning Commission dated September 2, 2007.
(11) Notice of Violation dated 8/9/07 from Cathie S. Jefferson ZEO to Dean Bochanis.
(12) Letter from R. E. Leighton, Code Official dated August 4, 2007 Re Special Exception Review, Jazzercise Occupancy, Favorable Sanitation/Fire Protection Review.
The following correspondence was received at September 18, 2007 Meeting -
(1) Letter from Walter Adametz, Road Foreman to Planning & Zoning Commission dated September 14, 2007 Re Boundary Pinning on Frontage.
(2) Memo from Cathie S. Jefferson ZEO to Planning & Zoning Commission dated 9/18/07 Re Report on Jazzercise of Killingworth.
(3) Letter from R. E. Leighton, Code Official, to Planning & Zoning Commission dated September 14, 2007 Re 183 Route 81, Fire Protection/Approval Rescinded.
(4) Letter from Sue McIntosh, M.D. to Planning & Zoning Commission dated September 1, 2007 Re Someday Farm activities.
(5) Board of Selectmen Notice of Vote from August 27, 2007.
(6) Board of Selectmen Minutes from August 13, 2007, August 22, 2007, August 27, 2007 and September 10, 2007.
(7) Letter from R. E. Leighton, Agent for Health Director, to Connecticut Department of Public Health dated August 26, 2007 Re Killingworth Elementary School, Transient Non-Community Water System, New Potable Well Application.
(8) Letter from Cathie S. Jefferson ZEO to Aldea Savva LLC c/o Phillip Savva dated 8/28/07 Re Apartment.
(9) Letter from R. E. Leighton, Code Official, to Kjell E. Berg dated August 26, 2007 Re Freedom Of Information Request.
(10) Letters from R. E. Leighton, Agent for the Health Director, to Jensen's Inc. dated August 17, 2007 Re Sub-Surface Sewage Disposal System at 11 Beachwood, 1 Upper Boulder Trail, 34 Lower Boulder Trail and 24 Swan Lake.
(11) Burr Hill Road Project Schedule.
(12) Original letter from Jacobson & Associates dated August 21, 2007 Re Griswold Subdivision, Engineering Review.
(13) Original letter from Jacobson & Associates dated August 31, 2007 Re Old Church Commons, Engineering Review.
(14) Water Pollution Control Authority Minutes from August 1, 2007 and September 5, 2007.
(15) Invoice from Tighe & Bond dated 8/30/07 for mapping services $516.00.
(16) Clinton Planning & Zoning Commission Agenda for September 10, 2007.
(17) Letter from R. E. Leighton, Code Official, to Harkin Engineering dated September 8, 2007 Re Olde Church Commons, Route 81/Chittenden Road, Revised Plan Modification Comments.
(18) Two invoices from Howard & McMillan dated 9/10/07 in the amounts of $682.04 and $31.00.
(19) Two letters from R. E. Leighton, Code Official, to Water Pollution Control Authority dated September 8, 2007 Re Proposed Water Pollution Control Ordinance.
(20) Affidavit of Publication for Notice of Decision for Subdivision Application #310 Deborah and Paul Griswold.
(21) Special Exception Application #231 from Killingworth Center LLC.
5. Old Business
(a) Special Exception #230 - Jazzercise of Killingworth, 183 Route 81
Chairman Lentz noted the public hearing was held for this application on September 4, 2007. He noted wetlands and sanitarian approvals were received. A number of residents were also present and spoke in favor of the application as it was a good activity. Chairman Lentz indicated they were operating without a permit despite receiving a notice of violation and a cease and desist order. It also appears that parking was greatly insignificant. Nine spaces were allocated, however, the ZEO determined that considerably more spaces were needed. Overflow parking was going into spaces allocated to other businesses and non-parking spaces which could potentially create a safety hazard. Mr. Stull noted he thought there probably were more spaces available that could be painted, but a letter was just received indicating that Fire Protection approval has been rescinded. Chairman Lentz noted he wasn't sure if the Commission could consider that letter as it wasn't introduced at the public hearing. The Commission did determine, however, that parking was inadequate and that overflow parking was creating a safety hazard. Mr. Annino noted if the Commission approved this application, there would essentially be an approval to potentially operate the business in that location but no Certificate of Occupancy would be issued because the Fire Protection approval has been rescinded. The applicant would still not be able to operate that business. There was much discussion regarding the number of parking spaces and whether or not there was room available for additional spaces. Mr. Annino indicated when that commercial development came before the Commission, parking was discussed. Criteria was very limited and it was going to be a low impact commercial development. The landlord has operated outside of what was discussed at approval time and has put a tenant in a tough position. Chairman Lentz indicated the landlord didn't know at the time of approval what type of businesses were come in. Ms. Morgan noted the applicant stated at the public hearing they would restrict use to the number of parking spaces but according to the ZEO, they have not done so.
Mr. Annino noted he thought this was a good business and was in support of it, but could not approve an application knowing that site was not capable of supporting the business. It is a matter of public safety and traffic issues. He felt this would have to go back to the landlord for resolution. Chairman Lentz noted he agreed and felt the applicant would have to work with the landlord and come in with a new plan to try to develop additional parking perhaps in the back.
Hours of operation were reviewed and whether these hours would be when other businesses are closed.
Mr. Annino noted the simple fact is that this business requires more spaces than that facility can support. It's not fair to the other businesses operating in that facility.
Motion by Annino, second by Stull, to approve Special Exception Application #230, Jazzercise of Killingworth. Voting in favor - none. Opposed - unanimous. DENIED UNANIMOUSLY.
An unknown individual (presumably the applicant) stated the Commission should not have considered Cathie Jefferson's memo indicating she observed parking at that site on September 6, 2007.
6. Zoning Enforcement Officer's Report
A list of zoning permits was distributed.
7. New Business
(a) Special Exception #231 - True Value Hardware - receipt of application, set public hearing date.
Michael Harkin from Harkin Engineering introduced himself as the applicant's (Killingworth Center LLC) representative for property they own on Route 81 known as Olde Church Commons. He noted this parcel was located between the State Trooper's Office and Chittenden Road and almost adjacent to the Clover Leaf at the Circle. The Cost family was also present. Mr. Harkin noted they were here with a cluster subdivision with 3 buildings - one for the True Value Hardware Store, one for cold storage area to supplement the True Value Store, one for a professional office/retail. The subject parcel is approximately 5.57 acres and some wetlands on the site. Mr. Harkin asked that the Commission set a site walk and schedule a public hearing. The full project team will be available to review the site plan and buildings. It was noted both the Town Engineer and Richard Leighton already have copies of the plans. Mr. Harkin noted letters from the Town Engineer and Mr. Leighton have already been submitted. Chairman Lentz indicated concerns brought up in those letters must be responded to before the public hearing. Mr. Harkin noted they received original approval from the Inland Wetlands Commission and some changes were done at the request of the Town Engineer. There should be an approval from Wetlands relative to those changes. Chairman Lentz noted that approval from Wetlands has not been received to date. Mr. Harkin noted he has a letter from Wetlands from two months ago granting original approval. Chairman Lentz asked Mr. Harkin to submit a copy of that letter. He explained the Commission does not schedule a public hearing before all other approvals are received. Mr. Harkin noted revised plans have been prepared as a result of the Town Engineer's letter and those will be submitted. He briefly reviewed an approval given to Robert Dowler for this site noting some minor changes and tweaking had been done of that original site plan. In discussions with Cathie Jefferson, it was decided a new application was appropriate. Chairman Lentz noted usually an applicant comes in for a preliminary discussion for this type of an application.
Mr. Harkin reviewed boundaries. He noted the original approval for the previous owner included almost half of the property being donated to the Killingworth Land Trust. He pointed out the Olde Church Grounds of which an extensive archaeological study has been done. The study suggested boulders be placed all around the Olde Church Grounds, property which had already been given to the Land Trust. Permission was obtained from the Land Trust to place the boulders. He will submit a copy of the letter from the Land Trust as soon as it is received. Chairman Lentz noted there is a possibility one of the historical buildings extends out of the open space north into the applicant's property so it might be necessary to make an adjustment in the open space.
Chairman Lentz noted Commission members would walk the site and would like to see the open space boundaries. Mr. Harkin noted the boundaries are already flagged.
Mr. Harkin noted there is a small pocket of wetlands on the site. There is the same amount of wetlands impact and wetlands approval has been received.
Mr. Harkin reviewed the site plan showing the 3 buildings and entrance from Route 81. He reviewed the fire tank location and signs on the premises. The detail sheets were reviewed. Mr. Harkin reviewed the 24 foot entry driveway as well as the location for the repair center for lawn mowers and small machinery and a small area for propane refills. Two truck loading spaces have been provided per the regulations. Parking at the front of the store including handicap parking was reviewed. Entrance and additional parking was reviewed. Side setbacks were reviewed. There was a question as to whether a variance would be needed for the corner of the building as it was encroaching into the setback 15 feet. There was discussion regarding the proximity to the historical site.
There was much discussion regarding location of the buildings, setbacks, location of septic, etc. Mr. Harkin noted they had an extensive review with the Wetlands Commission. He reviewed landscaping including control of lighting on the site. One issue was headlight glare. It was noted lighting was an issue with the original approval and the previous applicant.
The area for filling of propane tanks was reviewed. Mr. Annino had a question regarding the location and proximity to the property line.
Mr. Harkin reviewed mechanicals noting an emergency generator is being proposed (low decibel model, similar to Pharmedica). There will also be multiple dumpster locations that have been reviewed by the Town Engineer.
The cold storage building was reviewed. Mr. Harkin noted the Cost family would like to bring items currently stored outside within a building.
Mr. Harkin reviewed the differences between the original building approval (two stories) and this proposal. This proposal was a larger footprint to eliminate the second story.
The professional office building was reviewed. It was understood any business going in would have to come before the Commission.
Lighting, grading and utility were reviewed. Fire protection was reviewed.
Mr. Harkin reviewed storm drainage. The Town Engineer has reviewed and approved drainage calculations.
Mr. Harkin noted the State DEP requires any property with over 5 acres of disturbance must be registered with the State. This site is projected to have 4.75 acres of disturbance and will be applying for a DEP permit.
Mr. Harkin reviewed the erosion control plan for the site. Construction sequence was reviewed. The first phase will be the main building and the cold storage building. The second phase will be the professional office building. The construction entrance was reviewed. DOT has approved the driveway opening and project and are requiring a small bypass lane be put on Route 81. A plan has been submitted to DOT for their approval. Mr. Harkin noted they are trying to coordinate with DOT for work on Route 81. It was noted this site only has frontage on Route 81.
Mr. Harkin reviewed site signage including directional signage through the site. He reviewed traffic circulation from an emergency standpoint.
The question was asked if a restaurant could go in there. Mr. Harkin replied no as the septic system would not handle a restaurant. Only professional or small retail could be accommodated.
Detailed septic plan was reviewed, some revisions still need to be made.
Mr. Harkin noted there is less disturbance to the site with this proposal than the original application that had been approved. He will review this during the public hearing.
Screening of dumpsters, painting of pavement markings, sign schedule, emergency access gate, utilities, catch basins are all included in the detail sheets.
There was discussion regarding gravel versus pavement. Mr. Harkin noted this was one of the reasons why it took so long for this application to go through the wetlands process. The Wetlands Commission wanted the professional office building as close to the wetlands as possible in order to use the building as a buffer between traffic and the wetlands.
Fire Protection was again reviewed. Mr. Stull noted he would like to see a second emergency access. Mr. Harkin noted they have looked at this, but the ledge is 15 feet high.
There was further discussion regarding the main building encroachment into the side setback. Could the building be rotated? Something will have to be done to rectify this situation. Chairman Lentz noted a plan could not be submitted that doesn't meet the Zoning Regulations. The only alternative would be to go before the Zoning Board of Appeals. Mr. Harkin noted this was a self-created hardship in that the applicant gave that portion of the property to the Land Trust. Mr. Annino noted this site has an historical aspect and felt that would be a hardship. It was again noted the only two options would be ZBA for a variance or look at the building again to see if it could be adjusted. Mr. Harkin noted he will take a look at this and find a solution to this issue.
Chairman Lentz pointed out the location of some historical aspects on the site.
Mr. Harkin summarized outstanding issues - 1) issue of the building in the setback, 2) what's happening with the historical site itself, and 3) is the propane tank in an acceptable location. Mr. Annino reiterated all documentation should be submitted before the public hearing.
A site walk was scheduled for Sunday, September 23, 2007, at 10:00 AM.
It was suggested Mr. Harkin attend the next meeting, October 2, 2007, to discuss any outstanding issues that may arise at the site walk.
8. Report of Officer's and Subcommittees
(a) Updates of Town Plan of Conservation and Development
No discussion.
9. Adjournment
There being no further business, the meeting adjourned at 9:20 PM.
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