Regular Meeting No. 232
It is noted for the record a public hearing was held for Special Exception Application #231 Killingworth Center LLC.
Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino
J. Adametz
E. Hayash
P. Stull
D. Gross (non-seated alternate)
P. McGuinness (non-seated alternate)
J. O'Brien (seated for S. Morgan)
1. Call to Order
T. Lentz called the meeting to order at 8:19 PM immediately following the public hearing for Special Exception application #231 Killingworth Center LLC.
2. Minutes of Regular Meeting No. 922 Held October 2, 2007
Motion by Stull, second by Annino, to approve October 2, 2007 Minutes as written. PASSED UNANIMOUSLY.
3. Visitors
Mike DiStefano, Director of Facilities from RSD17, introduced himself. He noted the District was required to post a bond for tree planting and net along Route 81 in front of the new Middle School. The Commission has approved the design of the netting to be installed above the existing fence. There is a new proposal which would save approximately $14,000 by allowing the District to install the identical netting at the same height utilizing the same 4" steel conduit galvanized poles. The only difference would be without the raise/lower cable mechanism for the netting. The project would be done in house as opposed to contracting it out as originally proposed. The height would still be at 20 feet. Mr. DiStefano reviewed how this would be installed. The poles would stay up all the time. The netting (black, 4" mesh) would be put up in the spring. There is 400 feet of netting in 100 foot panels. There is a concern with the children attempting to raise and lower the netting. Mr. DiStefano reviewed the cost of the project. Mr. Annino noted the purpose of the netting is to keep the soccer balls from going out into the street and potentially causing an automobile accident. He suggested perhaps more trees could be planted and maybe a net would not be required. Mr. DiStefano noted he had a concern with having just the trees if the objective is to prevent balls from going in the street. The netting is a sure way of preventing anything from flying over the fence. Mr. DiStefano asked what kind of trees would be required. C. Jefferson noted there are currently Sugar Maples there. In addition to that there should be some evergreens concentrated by the field. It was agreed Ms. Jefferson would meet with Mr. DiStefano to agree on the trees. Motion by O'Brien, second by Annino, that there will be seasonal screening (netting) at the H-K Middle School on Route 81, Killingworth and there will be additional screening of trees, the amount of trees will be at the discretion of the Zoning Enforcement Officer. PASSED UNANIMOUSLY.
4. Communications and Bills
(1) Affidavit of Publication for Notice of Decision for Special Exception Application #230 for Jazzercise Facility.
(2) Clinton Planning & Zoning Commission Petition to Amend Zoning Regulations, Section 2.2.7 Assisted Living Facility Definition.
(3) Original letter from Jacobson & Associates dated October 4, 2007 Re Clarkson Crossing, Clarkson Lane, Status of Public Improvements.
(4) Copy of letter from Richard E. Leighton, Building Official, to M. Klein, First Selectman, dated October 1, 2007 Re Proposed Public Salt/Sand Storage, Diesel Fuel Storage, Regulatory Violations.
(5) Copy of letter from R. E. Leighton, Agent for the Health Director, to James & Maura Doxsee dated October 8, 2007 Re Possible Septic Failure.
(6) Board of Selectmen Minutes from October 9, 2007.
(7) Clinton Planning & Zoning Commission Agenda for October 15, 2007.
(8) Withdrawal of Superior Court action Re Cathie Jefferson ZEO vs. Chris Lundberg.
(9) Lot Line Change application for Durland Fish, 56 Titus Coan Road, Killingworth.
(10) Deep River Planning & Zoning Commission Proposed Amendments to Zoning Regulations for Parking.
(11) Letter from R. E. Leighton, Code Official, to Harkin Engineering dated September 8, 2007 Re Olde Church Commons, Revised Plan Modification Comments.
(12) Original letter from Jacobson & Associates to Planning & Zoning Commission dated August 31, 2007 Re Olde Church Commons, Engineering Review.
(13) Faxed letter from Jacobson & Associates to Planning & Zoning Commission dated October 4, 2007 Re Olde Church Commons, Engineering Review.
(14) Letter from Fred S. Geyer to Planning & Zoning Commission dated September 26, 2007 Re Editorial in Clinton Recorder for True Value Hardware Store.
(15) Fax from Richard E. Leighton, Code Official, to Planning & Zoning Commission, dated October 16, 2007 Re Olde Church Commons, Approvals with Conditions for Commission Consideration.
(16) Letter from Phyllis and Matthew Stillman to Planning & Zoning Commission dated October 6, 2007 Re Killingworth True Value Hardware.
(17) Letter from Edward R. Ricciuti to Planning & Zoning Commission dated October 9, 2007 Re Killingworth True Value Hardware.
(18) Letter from Fred Dudek, Selectman, to Planning & Zoning Commission dated October 15, 2007 Re Special Exception #231.
(19) Letter from Killingworth Inland Wetlands Commission to Planning & Zoning Commission dated October 10, 2007 Re Olde Church Commons, Revision 4, dated 9/24/07.
(20) Olde Church Commons Statement of Use dated October 2, 2007.
(21) Letter from Killingworth Land Conservation Trust to Michael Harkin dated June 11, 2007 Re Olde Church Common/aka Cost Property.
(22) Letter from John Himmelman, KLCT President, to Michael Harkin dated September 19, 2007 Re Olde Church Commons property.
(23) Memorandum of Decision from Killingworth Inland Wetlands Commission dated April 24, 2007.
(24) Letter from Harkin Engineering to Richard Leighton dated September 26, 2007 Re Olde Church Commons.
(25) Letter from Nicholas F. Bellantoni to Robert Dowler dated December 27, 2001 Re Old Church Commons.
5. Old Business
(a) Special Exception #231 - Killingworth Center LLC, True Value Hardware, Route 81
Motion by Stull, second by Annino, to approve Special Exception Application #231 Killingworth Center LLC, True Value Hardware as submitted. Discussion followed. Chairman Lentz noted approvals have been received for the septic system from the Sanitarian, fire protection plan, report from Inland Wetlands and from the Town Engineer. It appears all approvals are in order to make a decision. Mr. Annino noted this application was well put together, well engineered and well presented - a first class job. His only concern was the archaeological sensitive area. He was concerned that a construction fence should be required. Mr. Harkin noted the applicant would not have a problem with outlining that area with orange construction fencing. Chairman Lentz noted all the concerns were addressed subsequent to the Commission's site walk and shown on the revised plan. There was a brief discussion regarding any change to the fire protection plan. C. Jefferson noted any change would require an amendment to the site plan. Motion was reworded to add the condition that a construction fence will be placed at the boundaries of the historical area. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted she did an inspection at the Lundberg property and the lawsuit has been withdrawn.
(b) C. Jefferson noted she is following up on an unauthorized landscaping business on Madison Hollow on a residential property.
(c) C. Jefferson gave an update regarding the Jazzercise facility. No appeal was made on the Planning & Zoning Commission's decision. There is an eviction process progressing with the landlord. She noted the landlord might come in with a proposal for more parking at which a new application could be submitted. C. Jefferson noted she has signed off on another application for a small sporting goods store in the same retail space. There was discussion regarding the first Cease & Desist Order that was issued. Attorney Howard suggested just waiting to see what happens with the eviction process. Mr. Annino suggested this be revisited at the next meeting. He would like to review the original application for the retail space. C. Jefferson reviewed the number of parking spaces and how they were allocated in the original application. Chairman Lentz noted the Town needs an Ordinance which allows the ZEO to levy fines against anyone who is clearly in violation of an Order.
7. New Business
(a) Durland Fish, Lot Line Change, Titus Coan Road
Mr. Fish was present. C. Jefferson explained the lot line change application and the land swap. This would allow a bigger buffer from the pasture area and more privacy. Motion by Annino, second by Hayash, to approve Lot Line Change for Durland Fish, Titus Coan Road as stated on map dated January 12, 2006 and revised through October 9, 2007. PASSED UNANIMOUSLY.
8. Report of Officers and Subcommittees
(a) Updates of Town Plan of Conservation & Development
Chairman Lentz noted he had nothing further to report.
9. Adjournment
There being no further business, the meeting adjourned at 9:02 PM.
Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino
J. Adametz
E. Hayash
P. Stull
D. Gross (non-seated alternate)
P. McGuinness (non-seated alternate)
J. O'Brien (seated for S. Morgan)
1. Call to Order
T. Lentz called the meeting to order at 8:19 PM immediately following the public hearing for Special Exception application #231 Killingworth Center LLC.
2. Minutes of Regular Meeting No. 922 Held October 2, 2007
Motion by Stull, second by Annino, to approve October 2, 2007 Minutes as written. PASSED UNANIMOUSLY.
3. Visitors
Mike DiStefano, Director of Facilities from RSD17, introduced himself. He noted the District was required to post a bond for tree planting and net along Route 81 in front of the new Middle School. The Commission has approved the design of the netting to be installed above the existing fence. There is a new proposal which would save approximately $14,000 by allowing the District to install the identical netting at the same height utilizing the same 4" steel conduit galvanized poles. The only difference would be without the raise/lower cable mechanism for the netting. The project would be done in house as opposed to contracting it out as originally proposed. The height would still be at 20 feet. Mr. DiStefano reviewed how this would be installed. The poles would stay up all the time. The netting (black, 4" mesh) would be put up in the spring. There is 400 feet of netting in 100 foot panels. There is a concern with the children attempting to raise and lower the netting. Mr. DiStefano reviewed the cost of the project. Mr. Annino noted the purpose of the netting is to keep the soccer balls from going out into the street and potentially causing an automobile accident. He suggested perhaps more trees could be planted and maybe a net would not be required. Mr. DiStefano noted he had a concern with having just the trees if the objective is to prevent balls from going in the street. The netting is a sure way of preventing anything from flying over the fence. Mr. DiStefano asked what kind of trees would be required. C. Jefferson noted there are currently Sugar Maples there. In addition to that there should be some evergreens concentrated by the field. It was agreed Ms. Jefferson would meet with Mr. DiStefano to agree on the trees. Motion by O'Brien, second by Annino, that there will be seasonal screening (netting) at the H-K Middle School on Route 81, Killingworth and there will be additional screening of trees, the amount of trees will be at the discretion of the Zoning Enforcement Officer. PASSED UNANIMOUSLY.
4. Communications and Bills
(1) Affidavit of Publication for Notice of Decision for Special Exception Application #230 for Jazzercise Facility.
(2) Clinton Planning & Zoning Commission Petition to Amend Zoning Regulations, Section 2.2.7 Assisted Living Facility Definition.
(3) Original letter from Jacobson & Associates dated October 4, 2007 Re Clarkson Crossing, Clarkson Lane, Status of Public Improvements.
(4) Copy of letter from Richard E. Leighton, Building Official, to M. Klein, First Selectman, dated October 1, 2007 Re Proposed Public Salt/Sand Storage, Diesel Fuel Storage, Regulatory Violations.
(5) Copy of letter from R. E. Leighton, Agent for the Health Director, to James & Maura Doxsee dated October 8, 2007 Re Possible Septic Failure.
(6) Board of Selectmen Minutes from October 9, 2007.
(7) Clinton Planning & Zoning Commission Agenda for October 15, 2007.
(8) Withdrawal of Superior Court action Re Cathie Jefferson ZEO vs. Chris Lundberg.
(9) Lot Line Change application for Durland Fish, 56 Titus Coan Road, Killingworth.
(10) Deep River Planning & Zoning Commission Proposed Amendments to Zoning Regulations for Parking.
(11) Letter from R. E. Leighton, Code Official, to Harkin Engineering dated September 8, 2007 Re Olde Church Commons, Revised Plan Modification Comments.
(12) Original letter from Jacobson & Associates to Planning & Zoning Commission dated August 31, 2007 Re Olde Church Commons, Engineering Review.
(13) Faxed letter from Jacobson & Associates to Planning & Zoning Commission dated October 4, 2007 Re Olde Church Commons, Engineering Review.
(14) Letter from Fred S. Geyer to Planning & Zoning Commission dated September 26, 2007 Re Editorial in Clinton Recorder for True Value Hardware Store.
(15) Fax from Richard E. Leighton, Code Official, to Planning & Zoning Commission, dated October 16, 2007 Re Olde Church Commons, Approvals with Conditions for Commission Consideration.
(16) Letter from Phyllis and Matthew Stillman to Planning & Zoning Commission dated October 6, 2007 Re Killingworth True Value Hardware.
(17) Letter from Edward R. Ricciuti to Planning & Zoning Commission dated October 9, 2007 Re Killingworth True Value Hardware.
(18) Letter from Fred Dudek, Selectman, to Planning & Zoning Commission dated October 15, 2007 Re Special Exception #231.
(19) Letter from Killingworth Inland Wetlands Commission to Planning & Zoning Commission dated October 10, 2007 Re Olde Church Commons, Revision 4, dated 9/24/07.
(20) Olde Church Commons Statement of Use dated October 2, 2007.
(21) Letter from Killingworth Land Conservation Trust to Michael Harkin dated June 11, 2007 Re Olde Church Common/aka Cost Property.
(22) Letter from John Himmelman, KLCT President, to Michael Harkin dated September 19, 2007 Re Olde Church Commons property.
(23) Memorandum of Decision from Killingworth Inland Wetlands Commission dated April 24, 2007.
(24) Letter from Harkin Engineering to Richard Leighton dated September 26, 2007 Re Olde Church Commons.
(25) Letter from Nicholas F. Bellantoni to Robert Dowler dated December 27, 2001 Re Old Church Commons.
5. Old Business
(a) Special Exception #231 - Killingworth Center LLC, True Value Hardware, Route 81
Motion by Stull, second by Annino, to approve Special Exception Application #231 Killingworth Center LLC, True Value Hardware as submitted. Discussion followed. Chairman Lentz noted approvals have been received for the septic system from the Sanitarian, fire protection plan, report from Inland Wetlands and from the Town Engineer. It appears all approvals are in order to make a decision. Mr. Annino noted this application was well put together, well engineered and well presented - a first class job. His only concern was the archaeological sensitive area. He was concerned that a construction fence should be required. Mr. Harkin noted the applicant would not have a problem with outlining that area with orange construction fencing. Chairman Lentz noted all the concerns were addressed subsequent to the Commission's site walk and shown on the revised plan. There was a brief discussion regarding any change to the fire protection plan. C. Jefferson noted any change would require an amendment to the site plan. Motion was reworded to add the condition that a construction fence will be placed at the boundaries of the historical area. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted she did an inspection at the Lundberg property and the lawsuit has been withdrawn.
(b) C. Jefferson noted she is following up on an unauthorized landscaping business on Madison Hollow on a residential property.
(c) C. Jefferson gave an update regarding the Jazzercise facility. No appeal was made on the Planning & Zoning Commission's decision. There is an eviction process progressing with the landlord. She noted the landlord might come in with a proposal for more parking at which a new application could be submitted. C. Jefferson noted she has signed off on another application for a small sporting goods store in the same retail space. There was discussion regarding the first Cease & Desist Order that was issued. Attorney Howard suggested just waiting to see what happens with the eviction process. Mr. Annino suggested this be revisited at the next meeting. He would like to review the original application for the retail space. C. Jefferson reviewed the number of parking spaces and how they were allocated in the original application. Chairman Lentz noted the Town needs an Ordinance which allows the ZEO to levy fines against anyone who is clearly in violation of an Order.
7. New Business
(a) Durland Fish, Lot Line Change, Titus Coan Road
Mr. Fish was present. C. Jefferson explained the lot line change application and the land swap. This would allow a bigger buffer from the pasture area and more privacy. Motion by Annino, second by Hayash, to approve Lot Line Change for Durland Fish, Titus Coan Road as stated on map dated January 12, 2006 and revised through October 9, 2007. PASSED UNANIMOUSLY.
8. Report of Officers and Subcommittees
(a) Updates of Town Plan of Conservation & Development
Chairman Lentz noted he had nothing further to report.
9. Adjournment
There being no further business, the meeting adjourned at 9:02 PM.
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