Regular Meeting 913

It is noted for the record the following public hearing was held and closed prior to the regular meeting.

Special Exception Application #225 submitted by Papoosha Real Estate Investors LLC, applicant/owner, for Special Principal Use, Commercial District Retail, for property located at 219 Route 80, Killingworth, Tax Map 28, Parcel 39.

Present - T. Lentz, Chairman
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 7:59 PM.

2. Minutes of Regular Meeting No. 912 Held May 1, 2007
Motion by Stull, second by Morgan, to approve May 1, 2007 Minutes as written. PASSED UNANIMOUSLY.

3. Visitors
Peter Richard and Gwenne Lally were present from the Killingworth Conservation Commission. They briefly reviewed the NEMO Program which was started by the former Conservation Commission Chairman, Dave Gumbart. A handout was distributed outlining the Program. Ms. Lally reviewed group mandates. She noted the Conservation Commission would like to take a more active role and asked Planning & Zoning to bring the Conservation Commission into the process when a Land Use Development application is received. It was felt this would be a very valuable asset to the Town. Mr. Annino noted the Commission is in the process of reviewing the Town's Plan of Conservation and Development and would hope other commissions, like the Conservation Commission or the Historical Society, would come up with strategic plans of their own that could be adopted into the Town's Plan of Conservation & Development. The timing is good to accomplish this task. Mr. Richard briefly reviewed the advantages of having GIS on the internet. This should be up and running by July 1st. The Tax Assessor's Maps will also be available. Chairman Lentz noted the Planning & Zoning Commission just hired an individual to do the parcel maps for the Plan. Lentz also indicated the Commission would shortly have a draft of the Plan ready and will forward it to the Conservation Commission for review. Ms. Lally noted there will be workshops once the GIS is up and running for those who wish to attend and become familiar with GIS.

4. Communications and Bills
(1) Legal Notice Publication for Special Exception Application #225, Papoosha Real Estate Investors LLC.

(2) Board of Selectmen Minutes and Notice of Vote from May 3, 2007.

(3) Letter from Killingworth Inland Wetlands & Watercourses Commission to Killingworth Planning & Zoning Commission dated 5/14/07 Re Proposed Activity - Killingworth Country Commons LLC Rt 81.

(4) Connecticut Federation of Planning & Zoning Agencies Quarterly Newsletter, Volume XI, Issue 2, Spring 2007, Minimum Buildable Area Regulation Legal.

(5) Letter to Harkin Engineering from R. E. Leighton, Code Official, dated May 13, 2007 Re Olde Church Commons, Revised Plan Modifications.

(6) Letter from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated May 13, 2007 Re Special Exception Review Marshal Arts Studio, 183 Route 81, Favorable Sanitation/Fire Protection Review.

(7) Letter from Killingworth Inland Wetlands & Watercourses Commission to Killingworth Planning & Zoning Commission dated 5/14/07 Re Adametz Subdivision, 153 Schnoor Road.

(8) Letter from Value Print of Clinton dated May 7, 2007.

(9) Clinton Planning & Zoning Commission Agenda for May 14, 2007.

(10) Two invoices from Howard & McMillan, Commission Attorney in the amounts of $217.00 and $496.00.

(11) Affidavit of Publication for Brad Turley, Seven Eighths Farm LLC public hearing.

(12) Original letter from Jacobson & Associates dated May 1, 2007 Re Sherwood Forest Subdivision Performance Bond.

(13) Two original letters from Jacobson & Associates dated May 1 and May 8, 2007 Re Release of Maintenance Bond for Beaver Dam Road, Ridges at Deer Lake Subdivision.

(14) Letter from Killingworth Inland Wetlands & Watercourses Commission to Killingworth Planning & Zoning Commission dated 4/16/07 Re Papoosha Application for Wetlands Review.

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

(16) Two original letters from Jacobson & Associates dated April 30, 2007 and May 9, 2007 Re Papoosha Real Estate Investors LLC, 219 Route 80, Engineering Review.

(17) Original letter from Jacobson & Associates dated May 8, 2007 Re Adametz Subdivision, 153 Schnoor Road, Engineering Review.

(18) LaFarge Lot Line Change Application.

(19) Letter from AT&T to Cathie Jefferson dated May 10, 2007 Re Notification of Proposed New Equipment Placement.

5. Old Business
(a) Special Exception #225 - Running Brook Farms, 219 Route 80
Chairman Lentz noted all required approvals have been received. Motion by Stull, second by Annino, to approve Special Exception #225, Running Brook Farms. Discussion followed. It was noted there was a concern about people crossing the street, but that was addressed by the applicant. There was also discussion about having consignment antiques and the sale of locally grown small produce. Chairman Lentz questioned the storage of vehicles. It was noted that would be inside storage. Deliveries on the south side of Route 80 were reviewed. The applicant noted the majority of the bulk deliveries would be to the north side of Route 80. Mr. Annino noted that deliveries should be during normal business hours. The applicant agreed to this. Vote on the motion - PASSED UNANIMOUSLY.

(b) Resubdivision No. 309, Walter Adametz, Schnoor Road
Chairman Lentz noted this was scheduled for public hearing on June 5, 2007.

6. Zoning Enforcement Officer's Report
(1) C. Jefferson noted she received notice of an addition of AT&T equipment cabinets within the existing easement site on 184 Route 81. They have received DPUC approval for the cabinets and do not need to take out a local permit.

(2) C. Jefferson noted she spoke with the new owners of the former Greystone Farm who may come in with a new Special Exception application looking to expand on the existing use at the Farm.

(3) C. Jefferson noted someone inquired about a barn for horses that is only 30 feet off the property line. The regulation was changed to 50 feet. Section 61G Animals was reviewed. C. Jefferson noted the old regulation doesn't have anything relative to the 50 feet. Chairman Lentz reviewed the change as it should be written and regardless the regulation says that a barn for horses needs to be 50 feet from any property line.

(4) C. Jefferson noted Attorney Howard has filed a motion for default regarding Chris Lundberg.

(5) Stull asked about the reconstitution of the ditch on the Koziak Subdivision. He indicated the road was eroding badly. C. Jefferson noted the developer has 5 years to complete improvements, but if there the road is eroding, then she will contact them regarding this matter.

7. New Business
(a) Lot Line Change - LaFarge, 214 Green Hill Road
Mr. Nemergut noted this parcel has frontage on Green Hill Road, River Road and Riverview Road. The LaFarge homestead is on the corner of River Road and Green Hill Road. He reviewed the location of the property. The house has 2 acres with a barn and there is another 12 acres. About 3 acres came from a Subdivision Lot 7 off of River Road that the LaFarges purchased. The request for the lot line revision is to go to an 8 acre lot with the house and a 6 acre lot with frontage on Riverview Road. Mr. Nemergut noted they did soil testing and the net buildable is 5 1/2 acres so it is not a nonconforming lot. He indicated he received the building official's certificate of review of lot line today. Mr. Annino noted he thought this was 3 lots. Mr. Nemergut indicated the lots were merged. Motion by Stull, second by Hayash, to accept the lot line changes as presented. PASSED UNANIMOUSLY. A mylar should be prepared which Chairman Lentz will sign.

(b) Special Exception Application #227, Martial Arts School
Chairman Lentz noted this application was scheduled for June 5, 2007 for public hearing.


8. Report of Officer's and Subcommittees
Chairman Lentz noted he spoke to Mike Blake about the GIS contract. They have no intention of using subcontractors and that was the price. Mr. Blake also indicated he thought he could have a draft in a couple of weeks.

Bond Subcommittee Chairman Morgan referenced the letter from Jacobson & Associates dated May 8, 2007 regarding Review for Release of Maintenance Bond, Beaver Dam Road, Ridges at Deer Lake Subdivision. Motion by Morgan, second by Annino, to approve Release of the Maintenance Bond for the Beaver Dam Road in the amount of $39,200. PASSED UNANIMOUSLY.

It was noted for the record the bond release done at the last meeting was most likely for Buell Hill Road.

9. Adjournment
There being no further business, the meeting adjourned at 8:48 PM.

Regular Meeting 912

It is noted for the record the following public hearing was commenced at 7:30 PM and concluded at 7:55 PM -

Special Exception Application #224 submitted by Brad Turley, Seven Eighth’s LLC, applicant/owner, for Modification to Special Exception #185 relating to construction features, for property located at 70 Route 80, Killingworth, Tax Map 34, Parcel 14.

Present: T. Lentz, Chairman
L. Annino
S. Morgan
J. Adametz
E. Hayash
P. Stull
D. Gross (non-voting alternate)
J. O'Brien (non-voting alternate)
P. McGuinness (non-voting alternate)

1. Call to Order
T. Lentz called the meeting to at 7:56 PM.

2. Minutes of Regular Meeting No. 911 Held April 17, 2007
Motion by Stull, second by Adametz, to approve April 17, 2007 Minutes amended as follows -
Page 4, under (b) Lovers Lane Environmental Report, delete last sentence and replace with “The issue of the depth of the peat under the road was reviewed.”
PASSED UNANIMOUSLY.

3. Visitors
Warren Schumack from Sherwood Forest Subdivision was present to review posting of the bond. He noted the soil and erosion control bond has already been posted, but he would like to modify the plan to show the project in two phases. This would also allow the posting of the bond in two phases. C. Jefferson had indicated she checked with both the Town Engineer and the Commission Attorney to see if there were any issues with phasing and there were none. A new mylar would have to be filed showing the modification with the Town Clerk so that future title searches would show a two phase project. Commission members reviewed the two phases as proposed. Mr. Schumack noted the phasing would reduce the amount of the bond as they have already expended a lot of funds doing the road.

Paul Lambert from Lambert Engineering was present representing Michael Milano (also present) for an informal discussion regarding property at 65 Parker Hill Road Extension. Mr. Lambert noted this was a 92 acre parcel with the rear portion being a conservation easement (67 acres) held by the Killingworth Land Conservation Trust. A lot of improvements have been done to the property and house over the last couple of years. The Inland Wetlands Commission has approved dredging the pond and develop a meadow area of 2 to 3 acres immediately adjacent to the pond. Mr. Lambert noted the proposal is to see what can be done with the front 25 acres and maybe develop more lots for family use. He reviewed a proposed 6 lot conventional subdivision with lots of minimum 2.67 acres. He also reviewed an alternative which would be a conservation subdivision also with 6 lots. A third scheme would be a 3 lot conservation subdivision. With regard to Open Space, Mr. Lambert asked if the conservation easement which represents 70 percent of the parcel would be sufficient for the Open Space dedication. Chairman Lentz asked if this would remain a conservation easement or be given in fee. He noted the preferred method is in fee as conservation easements are too hard to enforce. Mr. Milano noted he owns the land where the conservation easement is, but the development rights have been deeded to the Killingworth Land Conservation Trust and it can never be developed. Chairman Lentz noted the easement is already done and the subdivision would only include the front 25 acres and the 15 percent Open Space would apply. Mr. Annino asked how the parcel is currently deeded; is it one 92 acre piece or two parcels with the easement parcel a separate lot. It was suggested the property owner discuss this matter with the Killingworth Land Conservation Trust relative to the easement.

4. Communications and Bills
(1) Board of Selectmen Notice of Vote and Minutes from April 23, 2007.

(2) Water Pollution Control Authority Minutes from February 7 and April 4, 2007.

(3) Water Pollution Control Authority Notice of Cancellation from March 7, 2007.

(4) Affidavit of Publication for Special Exception Application #224, Brad Turley.

(5) Budget dated 4/30/07.

(6) Memo from R. E. Leighton, Code Official, dated April 28, 2007 Re Adametz Subdivision of Land, Sub-surface Sewage Disposal System Review and Fire Protection Review.

(7) Letter from Jacobson & Associates dated May 1, 2007 Re Sherwood Forest Subdivision, Performance Bond.

(8) Letter from Jacobson & Associates dated May 1, 2007 Re Ridges at Deer Lake, Beaver Dam Road, Release of Maintenance Bond.

(9) Memo from R. E. Leighton, Code Official, dated April 28, 2007 Re Parkside Resubdivision, Sub-surface Sewage Disposal System Review and Fire Protection Review.

(10) Copy of letter from Connecticut DOT to Dzialo, Pickett & Allen PC Re Drainage Easement (Village East Subdivision).

(11) Copy of Cease & Desist Order issued by C. Jefferson to Mitchell Keszycki dated 4/24/07 Re Lot 6C, Map 11, Burr Hill Road.

(12) Board of Selectmen Minutes from April 9, 2007.

(13) Legal Notice of Public Hearing from Clinton Planning & Zoning Commission for April 30, 2007.

(14) Survey from Town Office Building Committee.

(15) Preliminary plans, property of Michael & Karen Milano, 65 Parker Hill Road Ext.

(16) Resubdivision Application No. 309, Jeremy Adametz, 153 Schnoor Road.

(17) Parkside Resubdivision, Lot Line Change.

5. Old Busines
(a) Special Exception Application #224 – Brad Turley, Seven Eighths Farm LLC, 70 Route 80, Modification to Special Exception #185
Chairman Lentz noted a public hearing was held. Approvals have been received from the Sanitarian and Fire Protection. There were no concerns from Inland Wetlands. One resident was present that had concerns but it was suggested this be handled between the two property owners. Chairman Lentz noted this was a permitted use within the Regulations. There was discussion regarding extending the existing wood fence along the Hughes property line. There was a brief discussion regarding the use of the excavator but it was decided that was not part of this application. Motion by Stull, second by Hayash, to approve Special Exception Application #224 with the condition to extend the existing wood fence in kind along the east property line between the Hughes and applicant's property for the full 284 feet. PASSED UNANIMOUSLY.

(b) Special Exception Application #225 – Running Brook Farms, 219 Route 80
Chairman Lentz noted this application was scheduled for public hearing on May 15, 2007.

(c) Lot Line Change – Parkside Resubdivision
Roger Nemergut noted it was felt at the last meeting this would best be handled as a Lot Line Change. Mr. Nemergut reviewed the previous approval that had been received regarding Lot 11. The adjacent property owner withdrew from the agreement at the last minute. Mr. Nemergut reviewed the new proposal for driveway and proposed single family home. Wetlands approval has been received. Chairman Lentz noted approval has also been received from the Sanitarian and Fire Protection and he felt this was a good proposal. Motion by Annino, second by Stull, to approve Lot 11, Parkside Resubdivision Lot Line Change as presented. PASSED UNANIMOUSLY.

(d) Sherwood Forest Subdivision, Two Phase Proposal
The bond recommendation letter from Jacobson & Associates was reviewed. Motion by Stull, second by Morgan, to approve the Plan showing phased development plan known as Sherwood Forest Subdivision, revised April 23, 2007. Discussion followed. There was some concern that Lots 5 and 6 would never be developed. Voting in favor – Lentz, Morgan, Stull, Hayash, Adametz. Opposed – Annino. Motion Carried.

(e) Tighe and Bond for GIS Support Proposal
The proposal was reviewed. It was noted there should be clarification as to scope of the project and what is included in the $2,200 fee and what is included in the extra hourly fee. Motion made and seconded to empower Chairman Lentz, at his discretion after discussing this further with Tighe & Bond, to sign the 4/18/07 cost proposal and scope to provide open space and land use mapping services. PASSED UNANIMOUSLY.

6. Zoning Enforcement Officer's Report
Chairman Lentz reviewed the written ZEO report, all items having been discussed as agenda items this evening. April permit log was distributed.

There was a brief discussion regarding Beckwith Road Subdivision and the drainage in the front. It was noted there is significant road wash out and the ditch needs to be reconstituted. Chairman Lentz noted the developer has 5 years to complete the subdivision, however, drainage problems should be dealt with at the current time.

7. New Business
(a) Resubdivision No. 309, Walter Adametz, Schnoor Road
Roger Nemergut reviewed the frontage of the lots. It was noted the Town Engineer needs to review and approve the shared driveway. Mr. Nemergut reviewed the requested waivers for Sections 6.2 Record Subdivision Map, 6.3.3(d) The Plan Area, 7.9.2 Underground Utility Lines, 7.7.1 Area and 2.2 Definitions – Driveway. Motion by Stull, second by Annino, to approve requested Waivers as noted above with the open space to be deferred. PASSED UNANIMOUSLY. Mr. Nemergut noted they received a wetlands permit last fall, sanitarian and fire protection have also been received. A public hearing was scheduled for the June 5, 2007 meeting.

8. Report of Officer's and Subcommittees
The bond letter from Jacobson & Associates for Sherwood Forest was reviewed. It was noted a revised bond proposal for phase one should be received before any action is taken.

The bond letter from Jacobson & Associates for Ridges at Deer Lake, Beaver Dam Road, was reviewed. Motion by Morgan, second by Stull, to approve recommendation of Jacobson & Associates for release of maintenance bond in the amount of $28,500 for Beaver Dam Road. PASSED UNANIMOUSLY.

9. Adjournment
There being no further business, the meeting was adjourned.