Regular Meeting 905
It is noted for the record there was a continued public hearing for Special Exception Application #219 - PAC Principal Assets - 8 Route 80. The hearing closed at 7:52 PM.
Present - T. Lentz, Chairman C. Jefferson, ZEO
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 regular meeting to order at 7:53 PM.
2. Minutes of Regular Meeting No. 904 Held January 2, 2007
Motion by Annino, second by Hayash, to approve January 2, 2007 Minutes as written. PASSED UNANIMOUSLY.
3. Visitors
Chairman Lentz noted Eric Auer is interested in serving on the Inland Wetlands & Watercourses Commission and the Town Charter states that Planning & Zoning will endorse two individuals to that Commission. Mr. Auer noted he presently serves on the Zoning Board of Appeals which does not meet regularly and as he is familiar with a lot that goes on with wetlands, is interested in serving on that Commission. He would like the endorsement of the Planning & Zoning Commission. Mr. Auer has lived in Killingworth since 1957. This will be discussed further and voted on under New Business.
4. Communications and Bills
(a) Correspondence from PAC Principal Assets continued public hearing -
" Letter from Stephanie P. Warren (no date)
" Letter from R. E. Leighton, Code Official, dated January 15, 2007, Re Sanitation Review/ Approval
" Letter from R. E. Leighton, Code Official, dated January 15, 2007, Re Fire Protection Review/Approval
" Original letter and fax from Joseph Dillon, Jacobson & Associates, dated January 9, 2007, Re APC Recycling Engineering Review 8 CT Route 80
(b) Letter from Nemergut Consulting dated January 10, 2007 Re DeOrchis Subdivision, Naming of Private Road. (It was noted the Commission did not have any objection to the name "Timbers Lane.")
(c) Original letter from Joseph Dillon, Jacobson & Associates, dated January 2, 2007, Re DeOrchis Subdivision Engineering Review, 267 North Parker Hill Road.
(d) Copy of letter from State DOT to Juliano Associates dated January 10, 2007 Re Killingworth Country Commons LLC, Encroachment Permit.
(e) Copy of 30 Day Temporary Building Permit for RSD #17, new Middle School located at 451 Route 81, Killingworth.
(f) Memo from First Selectman Klein to Town Hall Employees and Committee Chairs dated January 4, 2007 Re Information Technology, System Support and Maintenance.
(g) Board of Selectmen Notice of Vote from January 8, 2007.
(h) Board of Selectmen Minutes from December 20, 2006.
(i) Copies of letters from Cathie Jefferson to -
" Steve Hollander, dated 1/5/07, Re Motor Vehicle Junk
" Krysztof Zielinski, dated 1/5/07, Re Motor Vehicle Junk
" Michael Milano, dated 1/5/07, Re Application for Zoning Permit Map 41, Lot 14
(j) Letter to Linda Dudek, Town Clerk, from Clinton Zoning Board of Appeals, dated January 9, 2007, Re ZBA Application for Variance within 500 feet of Clinton/Killingworth Town Line.
(k) Copy of Regional Transportation Plan from CRERPA.
(l) Letter from State DOT to J. Howard Pfrommer, dated January 9, 2007, Re Route 81 and Green Hill Intersection Improvements.
(m) Copies of 3 Lot Line Change applications from CBS LLC Re Lots 41, 56 and 57 of Ridges at Deer Lake Subdivision.
(n) Invoice from Howard & McMillan in the amount of $795.00.
5. Old Business
(a) Special Exception #219 - PAC Principal Assets - 8 Route 80 - Addition to Existing Industrial Building
It is noted for the record that David Gross will be seated for P. Stull and Jim O'Brien seated for S. Morgan as they were present for the public hearing and Stull and Morgan were not. Chairman Lentz noted this is an application to convert part of a warehouse to offices and put an addition over part of the warehouse. Approvals received - sanitarian, fire protection, no adverse comments from Town Engineer. There was a question regarding height of the building. Chairman Lentz noted the Town Engineer was aware of this and did not address it in his report therefore feels there is no problem. Motion by O'Brien, second by Annino, to approve Special Exception #219 - PAC Principal Assets as presented. Discussion followed. Mr. Annino indicated this was a nonconforming use as it predated Zoning. C. Jefferson indicated it was actually a nonconforming location of the building, but the use was not nonconforming. Chairman Lentz noted he had a concern about the building, but C. Jefferson pointed out there is case law where one can go up if staying within the height requirement. Mr. Annino noted this facility has been there prior to zoning and prior to changes in the regulations and anything that can be done to move it more towards compliance with the regulations should be supported. He pointed out, however, he would have liked to have seen more detail on the drawings. C. Jefferson asked if the Commission would like to add any conditions regarding landscaping buffers. Roof material was discussed. VOTE ON ABOVE MOTION - PASSED UNANIMOUSLY.
It is noted for the record the regular members (Lentz, Annino, Morgan, Adametz, Hayash, Stull) were seated for the balance of the meeting.
6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted she was going to request the DeOrchis Subdivision mylar show the name of the private road before it is recorded on the Land Records.
(b) C. Jefferson reviewed the MJM Subdivision property in Clinton. There is a 25 foot access way to a 2 acre lot in Killingworth. In Killingworth one has to have 4 acres if there is only a 25 foot access. She has denied the application for zoning permit and expects the property owner will appeal this to the Zoning Board of Appeals.
7. New Business
(a) Special Exception #220, Town of Killingworth, Relocation of Green Hill Road, Municipal Improvement
Howard Pfrommer from Jacobson & Associates, Town Engineer, introduced himself representing the Town of Killingworth for the relocation of the Green Hill Road intersection. He indicated the Town desires to realign that intersection. Mr. Pfrommer noted they received wetlands approval last week and as a result there were a couple of changes in the drainage system (shown on the revised drawings submitted today). He reviewed the relocation noting there would be a dramatic improvement to the sight line (665 foot sight distance which is appropriate for a 60 mile an hour roadway). Mr. Pfrommer pointed out there is a 36" tulip tree in the State right-of-way that will have to be removed. He reviewed alternatives that were considered. The roadway would be paved at 24 feet wide with two catch basins at the low point. The discharge would be just before Route 81 and has been approved by the State DOT. Mr. Pfrommer reviewed location of utilities indicating an easement would be retained for said utilities and drainage. It was noted the old roadway would be torn up and removed. The driveway for 3 Green Hill Road would be relocated. Both Messrs. Pierpont and Smith have signed temporary easements allowing the Town to work in that area. Mr. Pfrommer explained how the ownership of the land was split between the Town of Killingworth, Mr. Pierpont and Mr. Smith. Mr. Pierpont has requested some white pines and junipers be installed. The Town will be doing the clearing work and would like to start construction this summer. Construction would take about two months and start after school is out. Mr. Pfrommer explained the detour to Stevens Road that would be used during construction. Motion by Stull, second by Annino, to approve Special Exception #220, Municipal Improvement for Relocation of Green Hill Road. PASSED UNANIMOUSLY.
(b) Amendment to Special Exception #198, Running Brook Farms, Route 80, Tax Map 28, Parcel 39
Ed Coppola and Scott Papoosha were present proposing a modification to a previously approved Special Exception. Mr. Papoosha would like to modify the plan approved in January of 2005. The greenhouses are under construction and the proposal is to extend the retail use to the new building. The previous approval with conditions was reviewed. Commission members reviewed the original plan noting the location of the farm stand. Parking was reviewed. Chairman Lentz noted additional information would be required. It was felt a new application for retail with a comprehensive plan should be submitted. Chairman Lentz agreed this was not just a minor modification and a new application should be submitted with a public hearing held. A new site plan with parking, lighting, etc. would be required. There was discussion as to what, if anything has been done with the stone wall. A couple of members had concerns with pedestrian traffic across Route 80. Chairman Lentz wanted to see this as a new Special Exception and not an amendment. Mr. Papoosha noted one side of the street would be garden center, greenhouse, retail area and the other side would be landscape and storage. Chairman Lentz noted this would all be discussed during a public hearing. It was decided the amended application would be withdrawn. Mr. Coppola submitted a letter of withdrawal.
Motion by Stull, second by Hayash, to add item to New Business - (c) Deer Lake Lot Line Change. PASSED UNANIMOUSLY.
(c) Lot Line Change, Ridges at Deer Lake
Tom Stevens spoke on behalf of CSB II LLC. He submitted and reviewed two sets of plans. Mr. Stevens noted this proposal has been planned throughout the whole Subdivision and Resubdivision process for the Ridges of Deer Lake. Mr. Stevens noted they are requesting that the two parcels that are presently easements go to the Land Trust in fee. In each of the 3 cases (Lots 41, 56 and 57) the subdivision lots become less than the zoning minimum. Lot 41, currently one acre, will become ¾'s of an acre with everything including the stone wall will go to the Land Trust. Lots 56 and 57, currently two acres, will be reduced to 1.9 acres each. Chairman Lentz asked if this was what was originally agreed upon when this was approved. C. Jefferson noted she reviewed the minutes and indicated the Commission was going to give a waiver, but the applicant's attorney was fearful that would be challenged in court. So the attorney had suggested these be left as conservation easements with the understanding that when everything was done and there was no appeal of the decision, those would be given in fee. Mr. Stevens reviewed the Open Space. It was noted none of the 3 lots (41, 56 or 57) have been sold as yet. Motion by Annino, second by Stull, to approve Deer Lake Lot Line Changes for Lots 41, 56 and 57 along with associated waivers of lot sizes. PASSED UNANIMOUSLY.
(d) Motion by Morgan, second by Hayash, to add item to New Business (d) endorsement of Eric Auer to serve on the Inland Wetlands & Watercourses Commission and to approve said endorsement. PASSED UNANIMOUSLY.
8. Report of Officers and Subcommittees
(a) Updates of Town Plan of Conservation & Development
Chairman Lentz noted the bulk mailing and analysis of the questionnaire will be handled by Judy Brown (printing and mailing) and CRERPA (analysis of results).
Chairman Lentz noted John Rosen, Program Coordinator for NEMO, has reviewed the Town's Zoning Regulations, Road Regulations and Plan of Conservation & Development. He has left some material for consideration relative to model regulations for parking and impervious surfaces. One big concern is stormwater and impervious surfaces. Chairman Lentz briefly reviewed what was included in the information.
Chairman Lentz distributed copies of Chapter 6 for everyone to review. He also distributed copies of NEMO's comments regarding the present Town Plan. Mr. Lentz noted members should be prepared to start reviewing Chapter 6 of the Plan at the next meeting.
9. Adjournment
There being no further business, the meeting was adjourned at 9:25 PM.
Present - T. Lentz, Chairman C. Jefferson, ZEO
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 regular meeting to order at 7:53 PM.
2. Minutes of Regular Meeting No. 904 Held January 2, 2007
Motion by Annino, second by Hayash, to approve January 2, 2007 Minutes as written. PASSED UNANIMOUSLY.
3. Visitors
Chairman Lentz noted Eric Auer is interested in serving on the Inland Wetlands & Watercourses Commission and the Town Charter states that Planning & Zoning will endorse two individuals to that Commission. Mr. Auer noted he presently serves on the Zoning Board of Appeals which does not meet regularly and as he is familiar with a lot that goes on with wetlands, is interested in serving on that Commission. He would like the endorsement of the Planning & Zoning Commission. Mr. Auer has lived in Killingworth since 1957. This will be discussed further and voted on under New Business.
4. Communications and Bills
(a) Correspondence from PAC Principal Assets continued public hearing -
" Letter from Stephanie P. Warren (no date)
" Letter from R. E. Leighton, Code Official, dated January 15, 2007, Re Sanitation Review/ Approval
" Letter from R. E. Leighton, Code Official, dated January 15, 2007, Re Fire Protection Review/Approval
" Original letter and fax from Joseph Dillon, Jacobson & Associates, dated January 9, 2007, Re APC Recycling Engineering Review 8 CT Route 80
(b) Letter from Nemergut Consulting dated January 10, 2007 Re DeOrchis Subdivision, Naming of Private Road. (It was noted the Commission did not have any objection to the name "Timbers Lane.")
(c) Original letter from Joseph Dillon, Jacobson & Associates, dated January 2, 2007, Re DeOrchis Subdivision Engineering Review, 267 North Parker Hill Road.
(d) Copy of letter from State DOT to Juliano Associates dated January 10, 2007 Re Killingworth Country Commons LLC, Encroachment Permit.
(e) Copy of 30 Day Temporary Building Permit for RSD #17, new Middle School located at 451 Route 81, Killingworth.
(f) Memo from First Selectman Klein to Town Hall Employees and Committee Chairs dated January 4, 2007 Re Information Technology, System Support and Maintenance.
(g) Board of Selectmen Notice of Vote from January 8, 2007.
(h) Board of Selectmen Minutes from December 20, 2006.
(i) Copies of letters from Cathie Jefferson to -
" Steve Hollander, dated 1/5/07, Re Motor Vehicle Junk
" Krysztof Zielinski, dated 1/5/07, Re Motor Vehicle Junk
" Michael Milano, dated 1/5/07, Re Application for Zoning Permit Map 41, Lot 14
(j) Letter to Linda Dudek, Town Clerk, from Clinton Zoning Board of Appeals, dated January 9, 2007, Re ZBA Application for Variance within 500 feet of Clinton/Killingworth Town Line.
(k) Copy of Regional Transportation Plan from CRERPA.
(l) Letter from State DOT to J. Howard Pfrommer, dated January 9, 2007, Re Route 81 and Green Hill Intersection Improvements.
(m) Copies of 3 Lot Line Change applications from CBS LLC Re Lots 41, 56 and 57 of Ridges at Deer Lake Subdivision.
(n) Invoice from Howard & McMillan in the amount of $795.00.
5. Old Business
(a) Special Exception #219 - PAC Principal Assets - 8 Route 80 - Addition to Existing Industrial Building
It is noted for the record that David Gross will be seated for P. Stull and Jim O'Brien seated for S. Morgan as they were present for the public hearing and Stull and Morgan were not. Chairman Lentz noted this is an application to convert part of a warehouse to offices and put an addition over part of the warehouse. Approvals received - sanitarian, fire protection, no adverse comments from Town Engineer. There was a question regarding height of the building. Chairman Lentz noted the Town Engineer was aware of this and did not address it in his report therefore feels there is no problem. Motion by O'Brien, second by Annino, to approve Special Exception #219 - PAC Principal Assets as presented. Discussion followed. Mr. Annino indicated this was a nonconforming use as it predated Zoning. C. Jefferson indicated it was actually a nonconforming location of the building, but the use was not nonconforming. Chairman Lentz noted he had a concern about the building, but C. Jefferson pointed out there is case law where one can go up if staying within the height requirement. Mr. Annino noted this facility has been there prior to zoning and prior to changes in the regulations and anything that can be done to move it more towards compliance with the regulations should be supported. He pointed out, however, he would have liked to have seen more detail on the drawings. C. Jefferson asked if the Commission would like to add any conditions regarding landscaping buffers. Roof material was discussed. VOTE ON ABOVE MOTION - PASSED UNANIMOUSLY.
It is noted for the record the regular members (Lentz, Annino, Morgan, Adametz, Hayash, Stull) were seated for the balance of the meeting.
6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted she was going to request the DeOrchis Subdivision mylar show the name of the private road before it is recorded on the Land Records.
(b) C. Jefferson reviewed the MJM Subdivision property in Clinton. There is a 25 foot access way to a 2 acre lot in Killingworth. In Killingworth one has to have 4 acres if there is only a 25 foot access. She has denied the application for zoning permit and expects the property owner will appeal this to the Zoning Board of Appeals.
7. New Business
(a) Special Exception #220, Town of Killingworth, Relocation of Green Hill Road, Municipal Improvement
Howard Pfrommer from Jacobson & Associates, Town Engineer, introduced himself representing the Town of Killingworth for the relocation of the Green Hill Road intersection. He indicated the Town desires to realign that intersection. Mr. Pfrommer noted they received wetlands approval last week and as a result there were a couple of changes in the drainage system (shown on the revised drawings submitted today). He reviewed the relocation noting there would be a dramatic improvement to the sight line (665 foot sight distance which is appropriate for a 60 mile an hour roadway). Mr. Pfrommer pointed out there is a 36" tulip tree in the State right-of-way that will have to be removed. He reviewed alternatives that were considered. The roadway would be paved at 24 feet wide with two catch basins at the low point. The discharge would be just before Route 81 and has been approved by the State DOT. Mr. Pfrommer reviewed location of utilities indicating an easement would be retained for said utilities and drainage. It was noted the old roadway would be torn up and removed. The driveway for 3 Green Hill Road would be relocated. Both Messrs. Pierpont and Smith have signed temporary easements allowing the Town to work in that area. Mr. Pfrommer explained how the ownership of the land was split between the Town of Killingworth, Mr. Pierpont and Mr. Smith. Mr. Pierpont has requested some white pines and junipers be installed. The Town will be doing the clearing work and would like to start construction this summer. Construction would take about two months and start after school is out. Mr. Pfrommer explained the detour to Stevens Road that would be used during construction. Motion by Stull, second by Annino, to approve Special Exception #220, Municipal Improvement for Relocation of Green Hill Road. PASSED UNANIMOUSLY.
(b) Amendment to Special Exception #198, Running Brook Farms, Route 80, Tax Map 28, Parcel 39
Ed Coppola and Scott Papoosha were present proposing a modification to a previously approved Special Exception. Mr. Papoosha would like to modify the plan approved in January of 2005. The greenhouses are under construction and the proposal is to extend the retail use to the new building. The previous approval with conditions was reviewed. Commission members reviewed the original plan noting the location of the farm stand. Parking was reviewed. Chairman Lentz noted additional information would be required. It was felt a new application for retail with a comprehensive plan should be submitted. Chairman Lentz agreed this was not just a minor modification and a new application should be submitted with a public hearing held. A new site plan with parking, lighting, etc. would be required. There was discussion as to what, if anything has been done with the stone wall. A couple of members had concerns with pedestrian traffic across Route 80. Chairman Lentz wanted to see this as a new Special Exception and not an amendment. Mr. Papoosha noted one side of the street would be garden center, greenhouse, retail area and the other side would be landscape and storage. Chairman Lentz noted this would all be discussed during a public hearing. It was decided the amended application would be withdrawn. Mr. Coppola submitted a letter of withdrawal.
Motion by Stull, second by Hayash, to add item to New Business - (c) Deer Lake Lot Line Change. PASSED UNANIMOUSLY.
(c) Lot Line Change, Ridges at Deer Lake
Tom Stevens spoke on behalf of CSB II LLC. He submitted and reviewed two sets of plans. Mr. Stevens noted this proposal has been planned throughout the whole Subdivision and Resubdivision process for the Ridges of Deer Lake. Mr. Stevens noted they are requesting that the two parcels that are presently easements go to the Land Trust in fee. In each of the 3 cases (Lots 41, 56 and 57) the subdivision lots become less than the zoning minimum. Lot 41, currently one acre, will become ¾'s of an acre with everything including the stone wall will go to the Land Trust. Lots 56 and 57, currently two acres, will be reduced to 1.9 acres each. Chairman Lentz asked if this was what was originally agreed upon when this was approved. C. Jefferson noted she reviewed the minutes and indicated the Commission was going to give a waiver, but the applicant's attorney was fearful that would be challenged in court. So the attorney had suggested these be left as conservation easements with the understanding that when everything was done and there was no appeal of the decision, those would be given in fee. Mr. Stevens reviewed the Open Space. It was noted none of the 3 lots (41, 56 or 57) have been sold as yet. Motion by Annino, second by Stull, to approve Deer Lake Lot Line Changes for Lots 41, 56 and 57 along with associated waivers of lot sizes. PASSED UNANIMOUSLY.
(d) Motion by Morgan, second by Hayash, to add item to New Business (d) endorsement of Eric Auer to serve on the Inland Wetlands & Watercourses Commission and to approve said endorsement. PASSED UNANIMOUSLY.
8. Report of Officers and Subcommittees
(a) Updates of Town Plan of Conservation & Development
Chairman Lentz noted the bulk mailing and analysis of the questionnaire will be handled by Judy Brown (printing and mailing) and CRERPA (analysis of results).
Chairman Lentz noted John Rosen, Program Coordinator for NEMO, has reviewed the Town's Zoning Regulations, Road Regulations and Plan of Conservation & Development. He has left some material for consideration relative to model regulations for parking and impervious surfaces. One big concern is stormwater and impervious surfaces. Chairman Lentz briefly reviewed what was included in the information.
Chairman Lentz distributed copies of Chapter 6 for everyone to review. He also distributed copies of NEMO's comments regarding the present Town Plan. Mr. Lentz noted members should be prepared to start reviewing Chapter 6 of the Plan at the next meeting.
9. Adjournment
There being no further business, the meeting was adjourned at 9:25 PM.
