Tuesday, April 17, 2007

Regular Meeting 911

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 meeting to order at 7:30 PM.

2. Minutes of Regular Meeting No. 910 Held April 3, 2007
Motion by Stull, second by Hayash, to approve April 3, 2007 Minutes as written. PASSED UNANIMOUSLY.

3. Visitors - none.

4. Communications and Bills
(1) Letter from Aimee Eberly, R.S., Food Service Inspector, to Cathie Jefferson, ZEO, dated April 17, 2007, Re Weiner Knoll, Armand Paglinco, Owner.

(2) Letter from State of Connecticut Dept. of Public Health to Dr. Edward Winokur, Director of Health, dated April 10, 2007 Re Well Drilling Permits issued to The Cooking Company, 187 Route 81 and Killingworth Kids Center, 155 Route 81.

(3) Letter from Killingworth Inland Wetlands & Watercourse Commission to Planning & Zoning Commission dated 4/16/07 Re Papoosha Application for Wetlands Review: Nursery and Parking, 212 Route 80.

(4) Two letters from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated April 11, 2007 Re Papoosha Real Estate Investors, Proposed Greenhouse & Retail Building, Fire Protection Review Approval and Sanitarian Review Approval.

(5) Letter from R. E. Leighton, Code Official, to Robert & Olive Coleman dated April 11, 2007 Re Septic System at 61 Alders Bridge Road, Possible Leaching Field Failure.

(6) Letter from R. E. Leighton, Code Official, to Lawrence Anderson III dated April 6, 2007 Re 243 Roast Meat Hill Road, Proposed Driveway.

(7) Letter from Lawrence Brown to Cathie Jefferson dated (no date) Re Ridges of Deer Lake, Request for Bond Release.

(8) Letter from Michael Milano to Planning & Zoning Commission dated April 13, 2007 Re Public Act 06-80 and request to be put on registry for notifications of meetings for proposed changes to the regulations.

(9) Letter from Killingworth Inland Wetlands & Watercourses Commission to Planning & Zoning Commission dated 4/16/07 Re Seven Eighth's LLC Wetlands Review for addition to existing indoor riding arena.

(10) Comprehensive Statement of Use for Proposed Storage Addition to Arena at Seven Eighth's LLC property.

(11) Two letters from R. E. Leighton, Code Official, to Planning & Zoning Commission dated April 14, 2007 Re Special Exception Review, Seven Eighth's Farm, Favorable Fire Protection Review and Favorable Sanitation Review.

(12) Letter from R. E. Leighton, Code Official, to State of Connecticut Dept. of Public Health, R. W. Scully, dated April 14, 2007 Re Septic Easement, 50 Parker Hill Road, Easement Request.

(13) Minutes from Inland Wetlands & Watercourses Commission Meetings of March 27, 2007 and April 10, 2007.

(14) Board of Selectmen Notice of Vote from April 9, 2007.

(15) Three invoices from Howard and McMillan for legal services.

(16) Letter from Cathie S. Jefferson to Killingworth Parks & Recreation dated 4/3/07 Re Bethke Field.

(17) Special Exception Application No. 226, Armand Paglinco.

(18) Special Exception Application No. 225, Papoosha.

(19) Plans for Parkside Resubdivision discussion, letter of transmittal to Cathie Jefferson dated 4/12/07.

5. Old Business
(a) Burr Hill Road Culvert Project - Section 8-24, Municipal Improvement
C. Jefferson noted the Inland Wetlands & Watercourses Agency approved the project at their meeting last week and issued a permit. Motion by Stull, second by Morgan, to approve the Section 8-24, Municipal Improvement to Burr Hill Road Culvert Project as submitted. PASSED UNANIMOUSLY.

(b) Special Exception #224 - Brad Turley, Seven Eighths Farm LLC, 70 Route 80, Modification to Special Exception #185
Chairman Lentz noted this is scheduled for public hearing on May 1st. All approvals have been received.

6. Zoning Enforcement Officer's Report
C. Jefferson noted she has not had a response yet regarding her letter to the Killingworth Park & Recreation Commission having to do with Bethke Field.

C. Jefferson noted there are a number of violations that are on going. Some of these will probably be turned over to the attorney in a couple of weeks.

7. New Business
(a) Special Exception #225 - Running Brook Farms, 219 Route 80
Chairman Lentz noted a public hearing will be held on May 15, 2007.

(b) Special Exception #226 - Armand Paglinco - 223 Route 80, Hot Dog Stand
Chairman Lentz noted this is a commercial property and would like to sell food service items from a vending truck. If this were a mobile vendor selling from a Town owned Park, it would require a vendor's permit from the Selectmen's Office. However, because it is a commercial property in town, it comes under Planning & Zoning. Section 80 of the Zoning Regulations was reviewed. Chairman Lentz noted the regulations do not clearly address mobile activity for selling food service items. C. Jefferson noted this was not an accessory use, but rather the primary use. It was noted the vehicle selling the food service items would be on private property, not town owned property. After review of the regulations, members felt this was not a permitted use on private property. The property owner asked if he could build a building on his property and sell from there. It was agreed that would be okay as long as it met all building and zoning requirements and regulations for private property. It was reiterated a mobile vendor's permit could be obtained from the Selectmen's Office if this occurred on Town owned property, such as a ball field. This applicant withdrew the application and the application fee will be returned.

(c) Parkside Resubdivision, Patrick Drive
Roger Nemergut noted there was resubdivision approval last year for a lot at the end of the cul-de-sac (Lot 11). He reviewed access to that lot and investigated sharing a drive with an abutting property owner. Lot 10 is an interior lot and has a 25 foot access strip. The plan already approved showed the first 250 feet of the driveway being shared with Lot 10 (waiver granted at that time). At the last minute the Lot 10 property owner decided not to go through with the agreement for a shared driveway. Mr. Nemergut noted they received approval from the Wetlands Agency to have their own driveway and eliminate the shared driveway. The Open Space for Lot 11 has now increased by 4 acres which was in the original agreement to be given to the owner of Lot 10. Mr. Nemergut asked what the procedure was for accomplishing this now. It was decided the proper procedure would be to apply for a Lot Line Change and show the new driveway on the mylar. No action was taken. A Lot Line Change application will be submitted at the next meeting.

8. Report of Officers and Subcommittees
(a) Updates of Town Plan of Conservation & Development
Chairman Lentz noted the Commission is waiting for the tallying results of the survey.

(b) Lovers Lane Environmental Report
Lou Annino reviewed the Lovers Lane Environmental Report. He indicated if significant improvements were done to the road it would have a detrimental effect to the wetlands. If nothing was done, it would have a beneficial impact on the wetlands or no impact at all. The report discussed measures that could be taken regarding oils from vehicles ending up in the wetlands. Mr. Annino noted he didn't see anything in the report that led him to believe that repairing it would be inappropriate or any worse than leaving it as is. The report indicated that if the road was abandoned, there probably should be long term monitoring for environmental impact. Mr. Annino felt it would be worth patching the road and keeping it open. There is no other cost alternative to the road. There was a brief discussion regarding past accidents at the intersection of Lovers Lane and Route 148 and the issue of speeding vehicles. Having Lovers Lane open would relieve the speed of at least 50% of motor vehicles and would be a positive thing. The issue of having 17 feet of peat on the road was reviewed.

9. Adjournment
There being no further business, the meeting adjourned at 8:30 PM.

Tuesday, April 03, 2007

Regular Meeting 910

Present - T. Lentz, Chair C. Jefferson, ZEO
L. Annino
S. Morgan
J. Adametz
E. Hayash
P. Stull
D. Gross (non-voting alternate)
P. McGuinness (non-voting alternate)
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. 909 Held March 20, 2007
Motion by Annino, second by Hayash, to approve March 20, 2007 Minutes as written. PASSED UNANIMOUSLY.

3. Visitors
Linda Dudek, Town Clerk, noted the State of Connecticut has been offering an Historic Preservation Grant for several years which the Town has taken advantage of. She just received the current grant project to back file the old Land Records so once those are in the computer, one can search electronically back to 1843. Ms. Dudek noted an inordinate amount of time is spent searching for records. The State has an approved list of vendors, one being General Code of Rochester, New York. Ms. Dudek noted she sent in the grant application which has been received. The base price of the codification project with the web would be $9,700 with an Historic Preservation Grant of $7000. She has requested $4,500 from the Town to complete the project. Ms. Dudek reviewed what the codification project would consist of and what information would be available on the web. She felt this service would make information more readily available to town officials, employees and town's people. Ms. Dudek explained there is also an option to lazer fiche for board/commission minutes. It is anticipated this would start July 1, 2007. The annual maintenance cost would be $1,495 for the first year and $880 thereafter. Motion by Stull, second by Adametz, to accept the Codification Project as presented by Linda Dudek, Killingworth Town Clerk. PASSED UNANIMOUSLY.

4. Communications and Bills
(a) Notice received of Middlesex County Regional Workshop, April 10, 2007, Conservation Options for Connecticut Farmland.

(b) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated March 9, 2007 Re Gargiulo Subdivision, Sanitarian's Unfavorable Review.

(c) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated March 9, 2007 Re Gargiulo Subdivision, Unfavorable Fire Protection Review.

(d) Notice of Vote and Minutes from Board of Selectmen Meeting of March 26, 2007.

(e) Memo from First Selectman Klein to all committee and commission members dated March 26, 2007 Re Building Security.

(f) Planning & Zoning Budget.

(g) Notice of Cancellation of Water Pollution Control Authority Meeting March 7, 2007.

(h) Letter from Deborah I. Churchill to Richard Leighton dated April 3, 2007 Re Lot Line Change (380 Route 148) recently approved by this Commission.

(i) Special Exception Application No. 224, Brad Turley, for 70 Route 80, Seven Eighth's LLC.

5. Old Business
(a) Burr Hill Road Culvert Project - Section 8-24, Municipal Improvement
It was noted nothing has been received from the Wetlands Commission. This will be put on the next meeting agenda.

6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted there will be a Special Exception application coming in for the next meeting for a hot dog stand on commercial property on Route 80.

(b) C. Jefferson noted the Bethke Ball Field was for a practice field only. A letter will be sent to the Little League informing them of that fact.

(c) C. Jefferson noted the ERT report came in this week for Lover's Lane.

(d) C. Jefferson noted the Zoning Board of Appeals heard the MJM Land Development appeal of the Zoning Enforcement Officer's decision and variance applications last week. Both applications were denied.

(e) March permits were distributed for review.

(f) There was a brief discussion regarding the Clarkson Crossing signs.

7. New Business
(a) Special Exception Application #224 - Brad Turley, Seven Eighth's Farm LLC, 70 Route 80, Modification to Special Exception #185
Roger Nemergut reviewed the location of the property at 70 Route 80. Initially there was approval for a commercial riding/boarding stable, indoor riding arena in 2003. In 2004 there was an amendment to add stable space but that has not been done. The new plan is to put an addition on to the south side of the riding arena for indoor equipment storage. The proposal is to extend the length of the indoor riding arena 36 feet. It would be the same kind of structure, same ridge line. No running water or septic associated with this addition. Wetlands has already looked at this and will be submitting a letter. Mr. Nemergut will also submit this to the Code Official for review. Mr. Nemergut will prepare a Statement of Use and drawing as this will be treated as a new application and not a modification as he originally thought. A public hearing was scheduled for May 1, 2007.

8. Report of Officers and Subcommittees
(a) Update of Town Plan of Conservation and Development
There was discussion about other agencies adhering to the Plan and those agencies having their own strategic plans. The Commission should get in the habit of asking applicants how their proposal fits into their long range overall plan.

9. Adjournment
There being no further business, the meeting was adjourned at 8:16 PM.