Regular Meeting 919
Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino
S. Morgan
J. Adametz
E. Hayash
P. Stull
P. McGuinness (non-voting alternate)
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.
Motion by Stull, second by Hayash, to amend Agenda Item 7(a) to read - Town of Killingworth Section 8-24 Review - Abandonment of Tibbals Bridge on Jay Dowd Road and Sections of Jay Dowd Road. PASSED UNANIMOUSLY.
3. Approval of Minutes
Motion by Hayash, second by Morgan, to approve August 7, 2007 Minutes as written. PASSED UNANIMOUSLY.
3. Visitors - none.
4. Communications and Bills
(1) Map and correspondence regarding the abandonment of Tibbals Bridge and sections of Jay Dowd Road.
(2) Correspondence pertaining to Subdivision Application #310 - Deborah & Paul Griswold -
(a) Fax from Jacobson & Associates dated August 21, 2007, Engineering Review
(b) Memo from Inland Wetlands & Watercourses Commission dated 8/14/07
(c) Letter from Nicholas Bellantoni, Connecticut State Archaeologist, dated
August 10, 2007
(3) Invoice from Pages in the amount of $75.00 for copies of the draft Plan.
(4) Notice of Violation letter from Cathie S. Jefferson to Dean Bochanis dated 8/9/07.
(5) Connecticut Federation of Planning & Zoning Agencies Quarterly Newsletter.
(6) Original letter from Jacobson & Associates Re Killingworth Kid's Center Day Care dated August 6, 2007, Site Plan Review.
(7) Agenda from Clinton Planning & Zoning Commission for August 13, 2007 Meeting.
(8) Invitation to Jacobson & Associates 35th Anniversary on September 20, 2007.
(9) Letter from Deep River Planning & Zoning Commission dated August 10, 2007 Re Proposed Amendments to Deep River Zoning Regulations.
5. Old Business
(a) Special Exception #230 - Jazzercise of Killingworth, 183 Route 81
Chairman Lentz noted this was scheduled for public hearing on September 4, 2007 at 7:30 PM at the Killingworth Town Office Building.
(b) Subdivision Application #310 - Deborah & Paul Griswold, Cow Hill Road and Green Hill Road
Chairman Lentz noted the Sanitarian's letter of Review/Favorable Comments and Conditions, Fire Protection Review/Favorable Comments and Wetlands Commission approval were all received. He also reviewed the letter from the Town Engineer, Jacobson & Associates, stating they had no objections to approval of this subdivision. C. Jefferson noted she had specifically asked the Town Engineer to look at the driveway. Jason Nemergut briefly reviewed the revised plans (revised 8/21/07). A note was added that the existing stone wall would be preserved and protected. A note was also added stating the driveway plan would be followed and any modification to it would have to come back to the Commission. A copy of the State Archaeologist letter dated August 10, 2007 was also submitted for the record. Motion by Stull, second by Hayash, to approve Subdivision Application #310 - Deborah & Paul Griswold, Cow Hill Road and Green Hill Road - in accordance with revised plans dated August 21, 2007. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer's Report
C. Jefferson noted Pat Worth had contacted her regarding activity on her property on Roast Meat Hill Road. Don Carlson is working with Ms. Worth to put together a Special Exception application regarding permitted activities.
C. Jefferson noted a letter was received from the Connecticut Siting Council indicating there is duplicate coverage for AT&T at the cellular facility located at 78 Route 81 and that facility is being decommissioned. C. Jefferson noted the Town's Regulations require that any facility not being used any more would be removed and that property be transferred immediately over to the Land Trust. Chairman Lentz noted he wasn't sure if the Town's Regulations had any legal standing now. C. Jefferson noted she will look into this as this matter was specifically addressed in the approval of Sherwood Forest Subdivision.
C. Jefferson reviewed a couple of recent issues regarding driveway locations and whether driveway as-builts should be required, or at the very least frontage monuments. There is currently an issue where a driveway was moved because the developer hit ledge and the driveway is on the adjoining property. She asked the Commission to consider putting the requirement of driveway as-builts and/or frontage monuments in the Subdivision Regulations. Bonding for monumentation was briefly reviewed. C. Jefferson suggested this be a condition of subdivision approval to be sure monumentation is done before any bonding is released.
C. Jefferson reviewed the Notice of Violation sent to Dean Bochanis and Jazzercise. They indicated they have every intention of continuing to operate until the public hearing. They felt they got out of their lease at their prior location when they shouldn't have and their business was closed down. C. Jefferson noted the public hearing is in two weeks and there isn't any action that would occur before that time. Chairman Lentz noted he would continue with the enforcement action and issue a Cease & Desist Order. L. Annino agreed noting it is not known what will happen at the hearing. C. Jefferson will issue a Cease & Desist Order at this time although it is recognized there is a 30 day appeal period to the Zoning Board of Appeals.
7. New Business
(a) Town of Killingworth - Section 8-24 Review - Abandonment of Tibbals Bridge on Jay Dowd Road and Sections of Jay Dowd Road
Chairman Lentz noted the Town is asking for abandonment of Tibbals Bridge along with the northerly and southerly sections of Jay Dowd Road (referencing the map). First Selectman Klein noted a comment was made earlier that perhaps the road should not be abandoned. He countered that with that if the Fishing Association in years to come decides to sell that property, then it would be incumbent upon the town to update that road. If the town abandons the road now, and the property is sold, then they will have responsibility for the road. Mr. Annino noted he was not specifically referring to this road when he mentioned it earlier in the meeting. He explained he was referring to any road (in general) where there is a landlocked piece of property and that property owner has a right to travel across that road. That situation does not apply in this instance. It was noted Hammonassett Fishing Association owns both sides of the road. Motion by Stull, second by Lentz, to approve abandonment of Tibbals Bridge on Jay Dowd Road and Sections of Jay Dowd Road. Discussion followed. It was noted this would still need to go before Town Meeting for approval. It was noted the Board of Selectmen voted unanimously to approve this proposal. Chairman Lentz referenced and read portions of a letter from Crosby and Cronan LLC to First Selectman Martin Klein dated June 25, 2007 regarding the request to abandon. Chairman Lentz referenced Attorney Mike Wells fax to First Selectman Klein dated July 26, 2007. Mr. Annino questioned whether the HFA owns all the property on both sides of the road as it didn't show that on the map. Once a road is abandoned by the town, the property line for the abutting land owners defaults to the center line of the road. Mr. Gross checked the Assessor's Map and determined that all property on both sides of the road was owned by HFA. It was agreed to reword the motion as follows - Motion by Stull, second by Lentz, to approve abandonment of Tibbals Bridge, Tibbals Bridge Road and northerly (748.6 feet from the intersection of Jay Dowd Road and Tibbals Bridge Road) and southerly (4,200 feet from the intersection of Jay Dowd Road and Tibbals Bridge Road to the boundary line between the property owned by the Hammonassett Fishing Association and property owned now or formerly by Little) sections of Jay Dowd Road. PASSED UNANIMOUSLY.
8. Report of Officer's and Subcommittees
(a) Updates of Town Plan of Conservation & Development
Chairman Lentz distributed copies of the draft Plan and asked everyone to start reviewing it.
9. Adjournment
There being no further business, the meeting adjourned at 8:30 PM.
L. Annino
S. Morgan
J. Adametz
E. Hayash
P. Stull
P. McGuinness (non-voting alternate)
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.
Motion by Stull, second by Hayash, to amend Agenda Item 7(a) to read - Town of Killingworth Section 8-24 Review - Abandonment of Tibbals Bridge on Jay Dowd Road and Sections of Jay Dowd Road. PASSED UNANIMOUSLY.
3. Approval of Minutes
Motion by Hayash, second by Morgan, to approve August 7, 2007 Minutes as written. PASSED UNANIMOUSLY.
3. Visitors - none.
4. Communications and Bills
(1) Map and correspondence regarding the abandonment of Tibbals Bridge and sections of Jay Dowd Road.
(2) Correspondence pertaining to Subdivision Application #310 - Deborah & Paul Griswold -
(a) Fax from Jacobson & Associates dated August 21, 2007, Engineering Review
(b) Memo from Inland Wetlands & Watercourses Commission dated 8/14/07
(c) Letter from Nicholas Bellantoni, Connecticut State Archaeologist, dated
August 10, 2007
(3) Invoice from Pages in the amount of $75.00 for copies of the draft Plan.
(4) Notice of Violation letter from Cathie S. Jefferson to Dean Bochanis dated 8/9/07.
(5) Connecticut Federation of Planning & Zoning Agencies Quarterly Newsletter.
(6) Original letter from Jacobson & Associates Re Killingworth Kid's Center Day Care dated August 6, 2007, Site Plan Review.
(7) Agenda from Clinton Planning & Zoning Commission for August 13, 2007 Meeting.
(8) Invitation to Jacobson & Associates 35th Anniversary on September 20, 2007.
(9) Letter from Deep River Planning & Zoning Commission dated August 10, 2007 Re Proposed Amendments to Deep River Zoning Regulations.
5. Old Business
(a) Special Exception #230 - Jazzercise of Killingworth, 183 Route 81
Chairman Lentz noted this was scheduled for public hearing on September 4, 2007 at 7:30 PM at the Killingworth Town Office Building.
(b) Subdivision Application #310 - Deborah & Paul Griswold, Cow Hill Road and Green Hill Road
Chairman Lentz noted the Sanitarian's letter of Review/Favorable Comments and Conditions, Fire Protection Review/Favorable Comments and Wetlands Commission approval were all received. He also reviewed the letter from the Town Engineer, Jacobson & Associates, stating they had no objections to approval of this subdivision. C. Jefferson noted she had specifically asked the Town Engineer to look at the driveway. Jason Nemergut briefly reviewed the revised plans (revised 8/21/07). A note was added that the existing stone wall would be preserved and protected. A note was also added stating the driveway plan would be followed and any modification to it would have to come back to the Commission. A copy of the State Archaeologist letter dated August 10, 2007 was also submitted for the record. Motion by Stull, second by Hayash, to approve Subdivision Application #310 - Deborah & Paul Griswold, Cow Hill Road and Green Hill Road - in accordance with revised plans dated August 21, 2007. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer's Report
C. Jefferson noted Pat Worth had contacted her regarding activity on her property on Roast Meat Hill Road. Don Carlson is working with Ms. Worth to put together a Special Exception application regarding permitted activities.
C. Jefferson noted a letter was received from the Connecticut Siting Council indicating there is duplicate coverage for AT&T at the cellular facility located at 78 Route 81 and that facility is being decommissioned. C. Jefferson noted the Town's Regulations require that any facility not being used any more would be removed and that property be transferred immediately over to the Land Trust. Chairman Lentz noted he wasn't sure if the Town's Regulations had any legal standing now. C. Jefferson noted she will look into this as this matter was specifically addressed in the approval of Sherwood Forest Subdivision.
C. Jefferson reviewed a couple of recent issues regarding driveway locations and whether driveway as-builts should be required, or at the very least frontage monuments. There is currently an issue where a driveway was moved because the developer hit ledge and the driveway is on the adjoining property. She asked the Commission to consider putting the requirement of driveway as-builts and/or frontage monuments in the Subdivision Regulations. Bonding for monumentation was briefly reviewed. C. Jefferson suggested this be a condition of subdivision approval to be sure monumentation is done before any bonding is released.
C. Jefferson reviewed the Notice of Violation sent to Dean Bochanis and Jazzercise. They indicated they have every intention of continuing to operate until the public hearing. They felt they got out of their lease at their prior location when they shouldn't have and their business was closed down. C. Jefferson noted the public hearing is in two weeks and there isn't any action that would occur before that time. Chairman Lentz noted he would continue with the enforcement action and issue a Cease & Desist Order. L. Annino agreed noting it is not known what will happen at the hearing. C. Jefferson will issue a Cease & Desist Order at this time although it is recognized there is a 30 day appeal period to the Zoning Board of Appeals.
7. New Business
(a) Town of Killingworth - Section 8-24 Review - Abandonment of Tibbals Bridge on Jay Dowd Road and Sections of Jay Dowd Road
Chairman Lentz noted the Town is asking for abandonment of Tibbals Bridge along with the northerly and southerly sections of Jay Dowd Road (referencing the map). First Selectman Klein noted a comment was made earlier that perhaps the road should not be abandoned. He countered that with that if the Fishing Association in years to come decides to sell that property, then it would be incumbent upon the town to update that road. If the town abandons the road now, and the property is sold, then they will have responsibility for the road. Mr. Annino noted he was not specifically referring to this road when he mentioned it earlier in the meeting. He explained he was referring to any road (in general) where there is a landlocked piece of property and that property owner has a right to travel across that road. That situation does not apply in this instance. It was noted Hammonassett Fishing Association owns both sides of the road. Motion by Stull, second by Lentz, to approve abandonment of Tibbals Bridge on Jay Dowd Road and Sections of Jay Dowd Road. Discussion followed. It was noted this would still need to go before Town Meeting for approval. It was noted the Board of Selectmen voted unanimously to approve this proposal. Chairman Lentz referenced and read portions of a letter from Crosby and Cronan LLC to First Selectman Martin Klein dated June 25, 2007 regarding the request to abandon. Chairman Lentz referenced Attorney Mike Wells fax to First Selectman Klein dated July 26, 2007. Mr. Annino questioned whether the HFA owns all the property on both sides of the road as it didn't show that on the map. Once a road is abandoned by the town, the property line for the abutting land owners defaults to the center line of the road. Mr. Gross checked the Assessor's Map and determined that all property on both sides of the road was owned by HFA. It was agreed to reword the motion as follows - Motion by Stull, second by Lentz, to approve abandonment of Tibbals Bridge, Tibbals Bridge Road and northerly (748.6 feet from the intersection of Jay Dowd Road and Tibbals Bridge Road) and southerly (4,200 feet from the intersection of Jay Dowd Road and Tibbals Bridge Road to the boundary line between the property owned by the Hammonassett Fishing Association and property owned now or formerly by Little) sections of Jay Dowd Road. PASSED UNANIMOUSLY.
8. Report of Officer's and Subcommittees
(a) Updates of Town Plan of Conservation & Development
Chairman Lentz distributed copies of the draft Plan and asked everyone to start reviewing it.
9. Adjournment
There being no further business, the meeting adjourned at 8:30 PM.
