Regular Meeting 909
Present: T. Lentz, Chairman C. Jefferson, ZEO
L. Annino
S. Morgan
J. Adametz
E. Hayash
P. Stull
J. O'Brien (non-voting alternate)
1. Call to Order
T. Lentz called the meeting to order at 7:30 PM.
2. Minutes of Regular Meeting No. 908 Held March 6, 2007
Motion by Annino, second by Stull, to approve March 6, 2007 Minutes as written. PASSED UNANIMOUSLY.
3. Visitors
Howard Pfrommer, N. L. Jacobson & Associates - Town Engineer, was present to present the Burr Hill Road Culvert replacement project. He reviewed the location of the project. This is a 6 foot diameter metal pipe culvert about 30 feet long which is structurally deficient. The plan is to replace the culvert with a precast concrete box culvert having an 11 foot span, 7 foot rise. One foot at the bottom would be filled in with natural stream bed effectively having a 6 foot rise. The upstream side would have wing walls. The downstream side would be a sloped end. There is 400 feet of road work tapering from the existing 22 feet to 24 and back down to 22. There are a pair of catch basins at the roadway low point. The horizontal geometry of the roadway were mirrored. We are working here with an existing right-of-way and not filling in a lot of the wetlands, but tried to make some improvement. Mr. Pfrommer noted they went before the Wetlands Commission a couple of weeks ago, but still waiting for a decision, hopefully at their next meeting. He reviewed the guide water handling plan to mitigate the impact to the wetlands. The project wetlands soil scientist identified 50 wetlands plants for mitigation. There is riprap at the upstream and downstream sides. The catch basins also pick up water coming across the road and discharges close to the outlet to the box culvert. Mr. Pfrommer reviewed the vertical profile of the roadway showing the existing grade in dash and proposed in solid. The proposal is to match the existing geometry of the roadway. Mr. Pfrommer next reviewed the longitudinal section taken of the barrel. The flow is from right to left. There would be metal beam guide rails. He reviewed elevation views. The look of the wing walls was reviewed. The town took into consideration a suggestion from an adjacent property owner relative to aesthetic concerns. Mr. Pfrommer reviewed plans for diverting water. The duration of the project would be 4 to 5 months. The town has decided to do this project next year instead of this year and going out to bid next spring. Mr. Pfrommer noted he contacted the Natural Diversity Data Base who indicated there were no known threatened, endangered or special concern species on the site. He also check with the U. S. Fish and Wildlife Service who reiterated the same thing. DEP Fisheries had two comments - in fill the box with natural stream bottom material which is why the one foot is shown, and to require any in-stream unconfined activities occur during the period of June 1st through September 30th. There will be an application going into the Army Corps of Engineers the end of the week. Review was solicited from the State Historic Preservation Office (formerly known as that) who determined this site does not have any historic value. Mr. Pfrommer noted this would fall under a Section 8-24 report from the Planning & Zoning Commission, but no decision is being asked for at this meeting. Mr. Adametz asked about design changes. Mr. Pfrommer noted any design changes would not effect the structure, only things specific to the contract. Mr. O'Brien asked if this would require temporary detour time. Mr. Pfrommer explained the plans submitted have a detour plan. The road will not be closed until it is determined when the box is delivered. There is one aerial power line which will be dropped by the utility company for the duration of the construction and not effect service. Mr. O'Brien asked if the material going back into the box will be the material excavated right from the channel. Mr. Pfrommer replied yes, that is the plan. Mr. O'Brien asked if there was any consideration that the town might purchase the boxes before hand. Mr. Pfrommer noted there was discussion but it was decided it was best for it to just go out to bid and let one contractor be responsible for the whole project. This will be on the agenda for the next meeting when hopefully the wetlands report will be received.
4. Communications and Bills
(1) Burr Hill Road Culvert Project application.
(2) Diane Biren Lot Line Change Application.
(3) Howard & McMillan Invoices totaling $978.50.
(4) Several letters from R. E. Leighton, Code Official, regarding Drainage Complaints -
a. 57 Spencer Hill Road
b. 149 Green Hill Road
c. 68 Chittenden Road
d. 27 Deer Ridge Road
(5) Copies of minutes from the following boards/commissions -
a. Water Pollution Control Authority, February 7, 2007
b. Water Pollution Control Authority, March 7, 2007
c. Park & Recreation Commission, February 26, 2007
d. Inland Wetlands & Watercourses Commission, March 13, 2007
C. Jefferson briefly reviewed what transpired at the IWWC March 13, 2007 meeting relative to True Value Hardware. She noted they are proposing a single story, larger building up to 16,000 square feet. The building already approved is about 8,500 which is currently what they have. The new plan has taken the 8,500 square foot building and turned it into a 16,000 square foot building with more impervious coverage. The IWWC thought a reasonable alternative would be to eliminate one of the other small buildings. Ms. Jefferson reviewed definition of cluster (requiring 3 buildings) and if one is eliminated, that would require a variance. She questioned whether that would have to be a cluster. C. Jefferson noted the reason IWWC wanted to have a P&Z representative at their meeting was to make a determination as to whether this would have to come in under the Cluster Regulation and have 3 buildings. Chairman Lentz suggested Mr. Cost come to Planning & Zoning and discuss this issue. There was further discussion regarding the reason for the Cluster Regulation. Ms. Jefferson noted she thought the reason for the Cluster was to allow frontage off of the access driveway as opposed to off of the main road. It was felt the application should come before P&Z as preliminary so all members can review it and make comments. Ms. Jefferson will pass that information along to the property owner.
(6) Legal Notice of Public Hearing from Clinton Planning & Zoning Commission Re Proposed Amendments to the Zoning Regulations.
(7) Two letters from R. E. Leighton, Code Official, to Planning & Zoning Commission dated March 9, 2007 Re Gargiulo Subdivision, Lot 8C Parker Hill Road, Unfavorable Fire Protection Review and Sanitarian's Unfavorable Review.
5. Old Business
(a) Special Exception #221, Town of Killingworth, Rocco Reale Field, Municipal Improvement,
Route 81
C. Jefferson noted she spoke to Joseph Dillon (Town Engineer) who looked at the Field today. He indicated he thought the work being done is the right thing and doesn't have any problem with it. There was discussion about the drainage issue. Motion by Annino, second by Hayash, to approve the Special Exception #221, Town of Killingworth, Rocco Reale Field, Municipal Improvement. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted she will explain to IWWC that P&Z does not want to do a workshop regarding the True Value Hardware application. She will also talk to the applicant's engineer about coming in to P&Z for a preliminary discussion of the plan.
(b) C. Jefferson noted the ZBA hearing for MJM Development is scheduled for Monday, March 26, 2007 at which Ms. Jefferson and Attorney William Howard will attend.
(c) C. Jefferson noted there were another 85 questionnaires that had been returned.
(d) C. Jefferson noted she met with Mike Blake who used to work for Marin Environmental who started the Town out with GIS. Mr. Blake now works for Tighe and Bond and has been working with Ms. Shanoff on updating the parcel maps. The Conservation Commission and the Assessor's Office have put money in the budget to subcontract work to Tighe and Bond to be a host for a GIS website for the Town of Killingworth rather than update individual computers. Ms. Jefferson noted the GIS plan on her computer will be obsolete and not eligible for technical support in about 3 months. Her version is 3.2 and the current working version is 9. The initial setup of the website is $2,500 and then $3,000 a year for maintaining and updating. This will enable the town to have updated maps immediately as soon as the Assessor completes them. Ms. Jefferson also noted the P&Z Commission should consider making it a requirement that all subdivision applications come in in a GIS format to enable immediate updating of GIS maps.
(e) C. Jefferson noted she received final documents for road acceptance of Clarkson Crossing. She reviewed documentation that has been received noting also that Attorney Howard has reviewed and given his approval of those documents.
7. New Business
(a) Lot Line Change, 380 & 384 Route 148, Diane Biren
Diane Biren and the owner of 384 Route 148 were present. The area of land being changed was reviewed. Lot 1 after conveyance would be 10.0 acres and Lot 2 after conveyance would be 19.8 acres. Approval has been received from the Code Official. Motion by Annino, second by Stull, to approve Lot Line Change between 380 and 384 Route 148 as presented. PASSED UNANIMOUSLY.
(b) Chairman Lentz reviewed the Park & Rec Minutes from their meeting of February 26, 2007 regarding the request of KYL for use of Bethke Field. It was noted this was approved only as a practice field and the original Special Exception would have to be modified. This will be researched to see what the original application and approval was. Chairman Lentz noted even if this isn't a written condition but was in the original application that was presented, then it should only be a practice field.
(c) Clarkson Crossing - Motion by Annino, second by Morgan, to recommend to the Board of Selectmen that Clarkson Lane in the Clarkson Crossing Subdivision be accepted as a Town road. PASSED UNANIMOUSLY.
(d) There was a brief discussion that the gates to the new school by Lovers Lane are still open. C. Jefferson noted she spoke with Mr. Leighton about that and that is the entrance they are using to complete work remaining on the Temporary Certificate of Occupancy.
8. Report of Officers and Subcommittees
(a) Updates of Town Plan of Conservation and Development
Chairman Lentz continued discussion relative to Chapter 6. He noted he will now work on editing the first 5 chapters and hopefully the results will be received on the questionnaire from CRERPA soon.
9. Adjournment
There being no further business, the meeting adjourned at 9:30 PM.
L. Annino
S. Morgan
J. Adametz
E. Hayash
P. Stull
J. O'Brien (non-voting alternate)
1. Call to Order
T. Lentz called the meeting to order at 7:30 PM.
2. Minutes of Regular Meeting No. 908 Held March 6, 2007
Motion by Annino, second by Stull, to approve March 6, 2007 Minutes as written. PASSED UNANIMOUSLY.
3. Visitors
Howard Pfrommer, N. L. Jacobson & Associates - Town Engineer, was present to present the Burr Hill Road Culvert replacement project. He reviewed the location of the project. This is a 6 foot diameter metal pipe culvert about 30 feet long which is structurally deficient. The plan is to replace the culvert with a precast concrete box culvert having an 11 foot span, 7 foot rise. One foot at the bottom would be filled in with natural stream bed effectively having a 6 foot rise. The upstream side would have wing walls. The downstream side would be a sloped end. There is 400 feet of road work tapering from the existing 22 feet to 24 and back down to 22. There are a pair of catch basins at the roadway low point. The horizontal geometry of the roadway were mirrored. We are working here with an existing right-of-way and not filling in a lot of the wetlands, but tried to make some improvement. Mr. Pfrommer noted they went before the Wetlands Commission a couple of weeks ago, but still waiting for a decision, hopefully at their next meeting. He reviewed the guide water handling plan to mitigate the impact to the wetlands. The project wetlands soil scientist identified 50 wetlands plants for mitigation. There is riprap at the upstream and downstream sides. The catch basins also pick up water coming across the road and discharges close to the outlet to the box culvert. Mr. Pfrommer reviewed the vertical profile of the roadway showing the existing grade in dash and proposed in solid. The proposal is to match the existing geometry of the roadway. Mr. Pfrommer next reviewed the longitudinal section taken of the barrel. The flow is from right to left. There would be metal beam guide rails. He reviewed elevation views. The look of the wing walls was reviewed. The town took into consideration a suggestion from an adjacent property owner relative to aesthetic concerns. Mr. Pfrommer reviewed plans for diverting water. The duration of the project would be 4 to 5 months. The town has decided to do this project next year instead of this year and going out to bid next spring. Mr. Pfrommer noted he contacted the Natural Diversity Data Base who indicated there were no known threatened, endangered or special concern species on the site. He also check with the U. S. Fish and Wildlife Service who reiterated the same thing. DEP Fisheries had two comments - in fill the box with natural stream bottom material which is why the one foot is shown, and to require any in-stream unconfined activities occur during the period of June 1st through September 30th. There will be an application going into the Army Corps of Engineers the end of the week. Review was solicited from the State Historic Preservation Office (formerly known as that) who determined this site does not have any historic value. Mr. Pfrommer noted this would fall under a Section 8-24 report from the Planning & Zoning Commission, but no decision is being asked for at this meeting. Mr. Adametz asked about design changes. Mr. Pfrommer noted any design changes would not effect the structure, only things specific to the contract. Mr. O'Brien asked if this would require temporary detour time. Mr. Pfrommer explained the plans submitted have a detour plan. The road will not be closed until it is determined when the box is delivered. There is one aerial power line which will be dropped by the utility company for the duration of the construction and not effect service. Mr. O'Brien asked if the material going back into the box will be the material excavated right from the channel. Mr. Pfrommer replied yes, that is the plan. Mr. O'Brien asked if there was any consideration that the town might purchase the boxes before hand. Mr. Pfrommer noted there was discussion but it was decided it was best for it to just go out to bid and let one contractor be responsible for the whole project. This will be on the agenda for the next meeting when hopefully the wetlands report will be received.
4. Communications and Bills
(1) Burr Hill Road Culvert Project application.
(2) Diane Biren Lot Line Change Application.
(3) Howard & McMillan Invoices totaling $978.50.
(4) Several letters from R. E. Leighton, Code Official, regarding Drainage Complaints -
a. 57 Spencer Hill Road
b. 149 Green Hill Road
c. 68 Chittenden Road
d. 27 Deer Ridge Road
(5) Copies of minutes from the following boards/commissions -
a. Water Pollution Control Authority, February 7, 2007
b. Water Pollution Control Authority, March 7, 2007
c. Park & Recreation Commission, February 26, 2007
d. Inland Wetlands & Watercourses Commission, March 13, 2007
C. Jefferson briefly reviewed what transpired at the IWWC March 13, 2007 meeting relative to True Value Hardware. She noted they are proposing a single story, larger building up to 16,000 square feet. The building already approved is about 8,500 which is currently what they have. The new plan has taken the 8,500 square foot building and turned it into a 16,000 square foot building with more impervious coverage. The IWWC thought a reasonable alternative would be to eliminate one of the other small buildings. Ms. Jefferson reviewed definition of cluster (requiring 3 buildings) and if one is eliminated, that would require a variance. She questioned whether that would have to be a cluster. C. Jefferson noted the reason IWWC wanted to have a P&Z representative at their meeting was to make a determination as to whether this would have to come in under the Cluster Regulation and have 3 buildings. Chairman Lentz suggested Mr. Cost come to Planning & Zoning and discuss this issue. There was further discussion regarding the reason for the Cluster Regulation. Ms. Jefferson noted she thought the reason for the Cluster was to allow frontage off of the access driveway as opposed to off of the main road. It was felt the application should come before P&Z as preliminary so all members can review it and make comments. Ms. Jefferson will pass that information along to the property owner.
(6) Legal Notice of Public Hearing from Clinton Planning & Zoning Commission Re Proposed Amendments to the Zoning Regulations.
(7) Two letters from R. E. Leighton, Code Official, to Planning & Zoning Commission dated March 9, 2007 Re Gargiulo Subdivision, Lot 8C Parker Hill Road, Unfavorable Fire Protection Review and Sanitarian's Unfavorable Review.
5. Old Business
(a) Special Exception #221, Town of Killingworth, Rocco Reale Field, Municipal Improvement,
Route 81
C. Jefferson noted she spoke to Joseph Dillon (Town Engineer) who looked at the Field today. He indicated he thought the work being done is the right thing and doesn't have any problem with it. There was discussion about the drainage issue. Motion by Annino, second by Hayash, to approve the Special Exception #221, Town of Killingworth, Rocco Reale Field, Municipal Improvement. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted she will explain to IWWC that P&Z does not want to do a workshop regarding the True Value Hardware application. She will also talk to the applicant's engineer about coming in to P&Z for a preliminary discussion of the plan.
(b) C. Jefferson noted the ZBA hearing for MJM Development is scheduled for Monday, March 26, 2007 at which Ms. Jefferson and Attorney William Howard will attend.
(c) C. Jefferson noted there were another 85 questionnaires that had been returned.
(d) C. Jefferson noted she met with Mike Blake who used to work for Marin Environmental who started the Town out with GIS. Mr. Blake now works for Tighe and Bond and has been working with Ms. Shanoff on updating the parcel maps. The Conservation Commission and the Assessor's Office have put money in the budget to subcontract work to Tighe and Bond to be a host for a GIS website for the Town of Killingworth rather than update individual computers. Ms. Jefferson noted the GIS plan on her computer will be obsolete and not eligible for technical support in about 3 months. Her version is 3.2 and the current working version is 9. The initial setup of the website is $2,500 and then $3,000 a year for maintaining and updating. This will enable the town to have updated maps immediately as soon as the Assessor completes them. Ms. Jefferson also noted the P&Z Commission should consider making it a requirement that all subdivision applications come in in a GIS format to enable immediate updating of GIS maps.
(e) C. Jefferson noted she received final documents for road acceptance of Clarkson Crossing. She reviewed documentation that has been received noting also that Attorney Howard has reviewed and given his approval of those documents.
7. New Business
(a) Lot Line Change, 380 & 384 Route 148, Diane Biren
Diane Biren and the owner of 384 Route 148 were present. The area of land being changed was reviewed. Lot 1 after conveyance would be 10.0 acres and Lot 2 after conveyance would be 19.8 acres. Approval has been received from the Code Official. Motion by Annino, second by Stull, to approve Lot Line Change between 380 and 384 Route 148 as presented. PASSED UNANIMOUSLY.
(b) Chairman Lentz reviewed the Park & Rec Minutes from their meeting of February 26, 2007 regarding the request of KYL for use of Bethke Field. It was noted this was approved only as a practice field and the original Special Exception would have to be modified. This will be researched to see what the original application and approval was. Chairman Lentz noted even if this isn't a written condition but was in the original application that was presented, then it should only be a practice field.
(c) Clarkson Crossing - Motion by Annino, second by Morgan, to recommend to the Board of Selectmen that Clarkson Lane in the Clarkson Crossing Subdivision be accepted as a Town road. PASSED UNANIMOUSLY.
(d) There was a brief discussion that the gates to the new school by Lovers Lane are still open. C. Jefferson noted she spoke with Mr. Leighton about that and that is the entrance they are using to complete work remaining on the Temporary Certificate of Occupancy.
8. Report of Officers and Subcommittees
(a) Updates of Town Plan of Conservation and Development
Chairman Lentz continued discussion relative to Chapter 6. He noted he will now work on editing the first 5 chapters and hopefully the results will be received on the questionnaire from CRERPA soon.
9. Adjournment
There being no further business, the meeting adjourned at 9:30 PM.
