Regular Meeting 922
Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino
S. Morgan
J. Adametz
E. Hayash
P. Stull
D. Gross (non-seated alternate)
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. 921 Held September 18, 2007
Motion by Stull, second by Hayash, to approve September 18, 2007 Minutes amended as follows -
Page 4, under 5.(a), 5th sentence, change "insignificant" to "insufficient".
PASSED UNANIMOUSLY.
3. Visitors - none.
4. Communications and Bills
(1) Letter from R. E. Leighton, Code Official, to Bernard Blessenger dated September 16, 2007 Re Non-existent In-Ground Pool Enclosure, Notice of Violation.
(2) Letter from Connecticut Water Company to Planning & Zoning Commission dated September 17, 2007 Re Public Act 06-53.
(3) Letter from R. E. Leighton, Code Official, to Pamela Cramer dated September 22, 2007 Re Environmental/Code Complaints/Issues.
(4) Letter from R. E. Leighton, Code Official, to Philip Savva dated September 22, 2007 Re Unauthorized Apartment(s), Formal Inspection Required.
(5) Letter from R. E. Leighton, Code Official, to Robert Green Associates LLC dated September 22, 2007 Re Proposed Residence & Commercial Horse Boarding Facility, 1 Route 148.
(6) Board of Selectmen Notice of Vote and Minutes from September 24, 2007.
(7) Legal Notice Publication for Special Exception Application #230 for Jazzercise Facility.
(8) Letter from Fred S. Geyer to Planning & Zoning Commission dated September 26, 2007 Enclosing Editorial to the Clinton Recorder regarding True Value Hardware Store.
(9) Letter from Connecticut Economic Resource Center Inc. to Planning & Zoning Commission dated October 1, 2007 Re information on Economic Development Data and Information and CERC SiteFinder.
(10) 3 Certified Mail Receipt Cards - Killingworth Center LLC, Helena Erskine and 183 Route 81 LLC.
(11) Original letter from Jacobson & Associates to Planning & Zoning Commission dated September 25, 2007 Re Clarkson Lane, Status of Public Improvements.
(12) Detailed Statement of Use from Killingworth True Value for Special Exception Application #231.
(13) Letter and email from John Himmelman (one dated June 11, 2007 and one dated September 19, 2007) President of Killingworth Land Conservation Trust to Michael Harkin Re Old Church Commons Property.
(14) Memorandum of Decision from Killingworth Inland Wetlands & Watercourses Commission from April 24, 2007 meeting.
(15) Letter from R. E. Leighton, Code Official, to Harkin Engineering dated September 8, 2007 Re Olde Church Commons, Revised Plan Modification Comments.
(16) Letter from Harkin Engineering to Richard Leighton dated September 26, 2007 Re Old Church Commons, responding to Mr. Leighton's letter of September 8th.
(17) Letter from Nicholas Bellantoni, Connecticut State Archaeologist, dated December 27, 2001 to Robert Dowler Re Old Church Commons.
Motion by Annino, second by Adametz, to return to Agenda Item #2 and approve Site Walk Minutes of September 23, 2007 Re Killingworth True Value Hardware Special Exception Application. PASSED UNANIMOUSLY.
5. Old Business
(a) Special Exception #231 - True Value Hardware - public hearing scheduled for October 16, 2007
Chairman Lentz noted a site walk had been conducted. He asked Michael Harkin, applicant's engineer, to just explain what changes had occurred as a result of that site walk. Mr. Harkin introduced other representatives of the applicant and the applicants - Steve Sperell, Howard Irving, Attorney Tom Cronan and the Cost Family. Mr. Harkin noted they were submitting 6 sets of revised plans (which occurred after the site walk) dated 9/24/07. A detailed statement of use was included along with two letters from John Himmelman (Killingworth Land Conservation Trust), letter from the Inland Wetlands Commission, a list of comments from Richard Leighton (letter expected before the public hearing), report from the 3rd party archaeological study. Chairman Lentz re-emphasized the fact an approval letter must be received from Mr. Leighton before a decision can be made on this application, or the hearing will have to be continued. Mr. Harkin also noted he spoke to Joseph Dillon, Town Engineer, who will be sending a letter.
Chairman Lentz noted the revised plan should be given to the Inland Wetlands Commission also. Mr. Harkin stated he would do so once all municipal and State approvals have been received. Chairman Lentz reiterated the applicant has moved the building and this should be reviewed by the Inland Wetlands Commission. Mr. Harkin agreed he would do so. C. Jefferson noted the IWC knows there are revised plans forthcoming.
Mr. Harkin noted the front setback has been shifted out the building setback line. The propane tank has also been shifted back as far as possible with a row of white pines and fence as screening. The driveway was also shifted after the building was moved. Originally the driveway was only 5 feet away from the corner and it is now 19 feet. The tree line has been shifted as well. Mr. Harkin reviewed the Land Trust property noting the two Church foundations have been drawn in on the plan. He stated (and reviewed) several of the General Notes that were added to the Plan.
Mr. Harkin noted the use of the well was eliminated for the automatic sprinkler system. A second tank has been put on site to handle the sprinkler system.
Chairman Lentz noted it appeared that all concerns raised at the site walk have been addressed. He once again emphasized that all approvals would be required at the time of the public hearing. Mr. Annino noted there were 3 items remaining - reports from the town engineer, inland wetlands and Dick Leighton. It was noted all lights will be down lit and will be on timers.
6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted she received a call from the Dunkin Donuts owner regarding the fact the State wants to remove the trees along the sight line in the front. She met with the State representative and the property owner to review this matter. There are two trees within the State right-of-way and the owner has agreed to replace another tree set back a little.
(b) C. Jefferson noted a property owner on Tower Hill Road had taken down an old historic Town stone wall and there was a second issue with a number of animals. The State came in and ordered all the animals to be removed.
(c) C. Jefferson noted the Commission saw the letter from Richard Leighton regarding the illegal apartments on Paper Mill Road. She has also issued a Cease & Desist Order and hopefully this will be in compliance in the near future.
(d) C. Jefferson noted the bond for Region 17 is coming due in December and they have not put up the trees or the fencing yet. She received a call from Mike DiStefano from Region 17 who advised they would like to put in Sugar Maple trees along Route 81 in accordance with the regulations. Mr. DiStefano then asked if the netting could be permanently up and not to be raised and lowered. Ms. Jefferson had a concern that the netting would rip and tear if it was up all the time. Mr. DiStefano will obtain the specs for the netting and this will come back before the Commission.
(e) C. Jefferson gave an update on the recent Jazzercise Special Exception application. Ms. Jefferson noted her Cease & Desist Order was good only until a decision was made by Planning & Zoning on the Special Exception application. Therefore, the original Cease & Desist Order is null and void. Ms. Jefferson noted the applicant has an eviction notice from the property owner to be out by October 8th and time will tell as to what happens with this matter. In the meantime, Ms. Jefferson noted she had an inquiry about a sporting goods store in that same location which is a regular permitted use. The property owner has come in and resolved the fire safety issues. Ms. Jefferson will be talking with Attorney Bill Howard tomorrow. There was discussion about issuing another Cease & Desist Order.
(f) P. Stull noted there are dumpsters being stored on the property south of Dunkin Donuts again. C. Jefferson will contact that individual. There was a brief discussion regarding trucks parked along Route 81 at Dunkin Donuts.
(g) C. Jefferson asked if Chairman Lentz would email her Chapter 6 of the Plan of Conservation & Development so that members of the Inland Wetlands Commission could each have a copy to review. Chairman Lentz noted the Conservation Commission wanted it emailed too, but he was reluctant to start emailing it to everyone as it was only a draft. Hard copies will be made and distributed.
7. New Business - none.
8. Report of Officers and Subcommittees
(a) Update of Town Plan of Conservation & Development
Chairman Lentz noted the Plan must go to CRERPA for review 65 days before the public hearing. He forwarded CRERPA the last draft yesterday so a public hearing could be held probably in December.
Chairman Lentz noted he emailed everyone the report from the Killingworth Housing Partnership. The report was reviewed. It was noted accessory apartments are already allowed on lots twice the size of the minimum. Conservation Subdivisions allow for buildings on half the buildable area. Chairman Lentz noted the density is being doubled on the part that is developed in exchange for open space. It was agreed changing this would not improve affordable housing. Two family dwellings were discussed. It was noted each unit must have its own well and septic according to health code. Age restricted housing has already been addressed. Town sponsored housing was reviewed. It was felt this could not be restricted only to Killingworth residents. Chairman Lentz noted some towns have frozen taxes for individuals such as volunteer firemen. C. Jefferson noted some towns allow for a certain percentage of lots of subdivisions that need to be 1/2 acre or 1 acre lots. C. Jefferson noted some towns who feel they have a need for it are changing their accessory apartment regulations to allow for an apartment in a detached building. She also noted there should be a restriction on such a regulation that limits it to an existing residence. Chairman Lentz noted the Town of Newington just repealed their accessory apartment regulation because they found there were too many two family dwellings on the same lot. There was much discussion regarding accessory apartments and two family dwellings. Chairman Lentz noted energy conservation was already addressed in the Town's Subdivision Regulations. He did not agree, however, with giving a bonus of higher density.
9. Adjournment
There being no further business, the meeting was adjourned at 8:55 PM.
L. Annino
S. Morgan
J. Adametz
E. Hayash
P. Stull
D. Gross (non-seated alternate)
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. 921 Held September 18, 2007
Motion by Stull, second by Hayash, to approve September 18, 2007 Minutes amended as follows -
Page 4, under 5.(a), 5th sentence, change "insignificant" to "insufficient".
PASSED UNANIMOUSLY.
3. Visitors - none.
4. Communications and Bills
(1) Letter from R. E. Leighton, Code Official, to Bernard Blessenger dated September 16, 2007 Re Non-existent In-Ground Pool Enclosure, Notice of Violation.
(2) Letter from Connecticut Water Company to Planning & Zoning Commission dated September 17, 2007 Re Public Act 06-53.
(3) Letter from R. E. Leighton, Code Official, to Pamela Cramer dated September 22, 2007 Re Environmental/Code Complaints/Issues.
(4) Letter from R. E. Leighton, Code Official, to Philip Savva dated September 22, 2007 Re Unauthorized Apartment(s), Formal Inspection Required.
(5) Letter from R. E. Leighton, Code Official, to Robert Green Associates LLC dated September 22, 2007 Re Proposed Residence & Commercial Horse Boarding Facility, 1 Route 148.
(6) Board of Selectmen Notice of Vote and Minutes from September 24, 2007.
(7) Legal Notice Publication for Special Exception Application #230 for Jazzercise Facility.
(8) Letter from Fred S. Geyer to Planning & Zoning Commission dated September 26, 2007 Enclosing Editorial to the Clinton Recorder regarding True Value Hardware Store.
(9) Letter from Connecticut Economic Resource Center Inc. to Planning & Zoning Commission dated October 1, 2007 Re information on Economic Development Data and Information and CERC SiteFinder.
(10) 3 Certified Mail Receipt Cards - Killingworth Center LLC, Helena Erskine and 183 Route 81 LLC.
(11) Original letter from Jacobson & Associates to Planning & Zoning Commission dated September 25, 2007 Re Clarkson Lane, Status of Public Improvements.
(12) Detailed Statement of Use from Killingworth True Value for Special Exception Application #231.
(13) Letter and email from John Himmelman (one dated June 11, 2007 and one dated September 19, 2007) President of Killingworth Land Conservation Trust to Michael Harkin Re Old Church Commons Property.
(14) Memorandum of Decision from Killingworth Inland Wetlands & Watercourses Commission from April 24, 2007 meeting.
(15) Letter from R. E. Leighton, Code Official, to Harkin Engineering dated September 8, 2007 Re Olde Church Commons, Revised Plan Modification Comments.
(16) Letter from Harkin Engineering to Richard Leighton dated September 26, 2007 Re Old Church Commons, responding to Mr. Leighton's letter of September 8th.
(17) Letter from Nicholas Bellantoni, Connecticut State Archaeologist, dated December 27, 2001 to Robert Dowler Re Old Church Commons.
Motion by Annino, second by Adametz, to return to Agenda Item #2 and approve Site Walk Minutes of September 23, 2007 Re Killingworth True Value Hardware Special Exception Application. PASSED UNANIMOUSLY.
5. Old Business
(a) Special Exception #231 - True Value Hardware - public hearing scheduled for October 16, 2007
Chairman Lentz noted a site walk had been conducted. He asked Michael Harkin, applicant's engineer, to just explain what changes had occurred as a result of that site walk. Mr. Harkin introduced other representatives of the applicant and the applicants - Steve Sperell, Howard Irving, Attorney Tom Cronan and the Cost Family. Mr. Harkin noted they were submitting 6 sets of revised plans (which occurred after the site walk) dated 9/24/07. A detailed statement of use was included along with two letters from John Himmelman (Killingworth Land Conservation Trust), letter from the Inland Wetlands Commission, a list of comments from Richard Leighton (letter expected before the public hearing), report from the 3rd party archaeological study. Chairman Lentz re-emphasized the fact an approval letter must be received from Mr. Leighton before a decision can be made on this application, or the hearing will have to be continued. Mr. Harkin also noted he spoke to Joseph Dillon, Town Engineer, who will be sending a letter.
Chairman Lentz noted the revised plan should be given to the Inland Wetlands Commission also. Mr. Harkin stated he would do so once all municipal and State approvals have been received. Chairman Lentz reiterated the applicant has moved the building and this should be reviewed by the Inland Wetlands Commission. Mr. Harkin agreed he would do so. C. Jefferson noted the IWC knows there are revised plans forthcoming.
Mr. Harkin noted the front setback has been shifted out the building setback line. The propane tank has also been shifted back as far as possible with a row of white pines and fence as screening. The driveway was also shifted after the building was moved. Originally the driveway was only 5 feet away from the corner and it is now 19 feet. The tree line has been shifted as well. Mr. Harkin reviewed the Land Trust property noting the two Church foundations have been drawn in on the plan. He stated (and reviewed) several of the General Notes that were added to the Plan.
Mr. Harkin noted the use of the well was eliminated for the automatic sprinkler system. A second tank has been put on site to handle the sprinkler system.
Chairman Lentz noted it appeared that all concerns raised at the site walk have been addressed. He once again emphasized that all approvals would be required at the time of the public hearing. Mr. Annino noted there were 3 items remaining - reports from the town engineer, inland wetlands and Dick Leighton. It was noted all lights will be down lit and will be on timers.
6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted she received a call from the Dunkin Donuts owner regarding the fact the State wants to remove the trees along the sight line in the front. She met with the State representative and the property owner to review this matter. There are two trees within the State right-of-way and the owner has agreed to replace another tree set back a little.
(b) C. Jefferson noted a property owner on Tower Hill Road had taken down an old historic Town stone wall and there was a second issue with a number of animals. The State came in and ordered all the animals to be removed.
(c) C. Jefferson noted the Commission saw the letter from Richard Leighton regarding the illegal apartments on Paper Mill Road. She has also issued a Cease & Desist Order and hopefully this will be in compliance in the near future.
(d) C. Jefferson noted the bond for Region 17 is coming due in December and they have not put up the trees or the fencing yet. She received a call from Mike DiStefano from Region 17 who advised they would like to put in Sugar Maple trees along Route 81 in accordance with the regulations. Mr. DiStefano then asked if the netting could be permanently up and not to be raised and lowered. Ms. Jefferson had a concern that the netting would rip and tear if it was up all the time. Mr. DiStefano will obtain the specs for the netting and this will come back before the Commission.
(e) C. Jefferson gave an update on the recent Jazzercise Special Exception application. Ms. Jefferson noted her Cease & Desist Order was good only until a decision was made by Planning & Zoning on the Special Exception application. Therefore, the original Cease & Desist Order is null and void. Ms. Jefferson noted the applicant has an eviction notice from the property owner to be out by October 8th and time will tell as to what happens with this matter. In the meantime, Ms. Jefferson noted she had an inquiry about a sporting goods store in that same location which is a regular permitted use. The property owner has come in and resolved the fire safety issues. Ms. Jefferson will be talking with Attorney Bill Howard tomorrow. There was discussion about issuing another Cease & Desist Order.
(f) P. Stull noted there are dumpsters being stored on the property south of Dunkin Donuts again. C. Jefferson will contact that individual. There was a brief discussion regarding trucks parked along Route 81 at Dunkin Donuts.
(g) C. Jefferson asked if Chairman Lentz would email her Chapter 6 of the Plan of Conservation & Development so that members of the Inland Wetlands Commission could each have a copy to review. Chairman Lentz noted the Conservation Commission wanted it emailed too, but he was reluctant to start emailing it to everyone as it was only a draft. Hard copies will be made and distributed.
7. New Business - none.
8. Report of Officers and Subcommittees
(a) Update of Town Plan of Conservation & Development
Chairman Lentz noted the Plan must go to CRERPA for review 65 days before the public hearing. He forwarded CRERPA the last draft yesterday so a public hearing could be held probably in December.
Chairman Lentz noted he emailed everyone the report from the Killingworth Housing Partnership. The report was reviewed. It was noted accessory apartments are already allowed on lots twice the size of the minimum. Conservation Subdivisions allow for buildings on half the buildable area. Chairman Lentz noted the density is being doubled on the part that is developed in exchange for open space. It was agreed changing this would not improve affordable housing. Two family dwellings were discussed. It was noted each unit must have its own well and septic according to health code. Age restricted housing has already been addressed. Town sponsored housing was reviewed. It was felt this could not be restricted only to Killingworth residents. Chairman Lentz noted some towns have frozen taxes for individuals such as volunteer firemen. C. Jefferson noted some towns allow for a certain percentage of lots of subdivisions that need to be 1/2 acre or 1 acre lots. C. Jefferson noted some towns who feel they have a need for it are changing their accessory apartment regulations to allow for an apartment in a detached building. She also noted there should be a restriction on such a regulation that limits it to an existing residence. Chairman Lentz noted the Town of Newington just repealed their accessory apartment regulation because they found there were too many two family dwellings on the same lot. There was much discussion regarding accessory apartments and two family dwellings. Chairman Lentz noted energy conservation was already addressed in the Town's Subdivision Regulations. He did not agree, however, with giving a bonus of higher density.
9. Adjournment
There being no further business, the meeting was adjourned at 8:55 PM.
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