Regular Meeting No. 232

It is noted for the record a public hearing was held for Special Exception Application #231 Killingworth Center LLC.


Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino
J. Adametz
E. Hayash
P. Stull
D. Gross (non-seated alternate)
P. McGuinness (non-seated alternate)
J. O'Brien (seated for S. Morgan)

1. Call to Order
T. Lentz called the meeting to order at 8:19 PM immediately following the public hearing for Special Exception application #231 Killingworth Center LLC.

2. Minutes of Regular Meeting No. 922 Held October 2, 2007
Motion by Stull, second by Annino, to approve October 2, 2007 Minutes as written. PASSED UNANIMOUSLY.

3. Visitors
Mike DiStefano, Director of Facilities from RSD17, introduced himself. He noted the District was required to post a bond for tree planting and net along Route 81 in front of the new Middle School. The Commission has approved the design of the netting to be installed above the existing fence. There is a new proposal which would save approximately $14,000 by allowing the District to install the identical netting at the same height utilizing the same 4" steel conduit galvanized poles. The only difference would be without the raise/lower cable mechanism for the netting. The project would be done in house as opposed to contracting it out as originally proposed. The height would still be at 20 feet. Mr. DiStefano reviewed how this would be installed. The poles would stay up all the time. The netting (black, 4" mesh) would be put up in the spring. There is 400 feet of netting in 100 foot panels. There is a concern with the children attempting to raise and lower the netting. Mr. DiStefano reviewed the cost of the project. Mr. Annino noted the purpose of the netting is to keep the soccer balls from going out into the street and potentially causing an automobile accident. He suggested perhaps more trees could be planted and maybe a net would not be required. Mr. DiStefano noted he had a concern with having just the trees if the objective is to prevent balls from going in the street. The netting is a sure way of preventing anything from flying over the fence. Mr. DiStefano asked what kind of trees would be required. C. Jefferson noted there are currently Sugar Maples there. In addition to that there should be some evergreens concentrated by the field. It was agreed Ms. Jefferson would meet with Mr. DiStefano to agree on the trees. Motion by O'Brien, second by Annino, that there will be seasonal screening (netting) at the H-K Middle School on Route 81, Killingworth and there will be additional screening of trees, the amount of trees will be at the discretion of the Zoning Enforcement Officer. PASSED UNANIMOUSLY.


4. Communications and Bills
(1) Affidavit of Publication for Notice of Decision for Special Exception Application #230 for Jazzercise Facility.

(2) Clinton Planning & Zoning Commission Petition to Amend Zoning Regulations, Section 2.2.7 Assisted Living Facility Definition.

(3) Original letter from Jacobson & Associates dated October 4, 2007 Re Clarkson Crossing, Clarkson Lane, Status of Public Improvements.

(4) Copy of letter from Richard E. Leighton, Building Official, to M. Klein, First Selectman, dated October 1, 2007 Re Proposed Public Salt/Sand Storage, Diesel Fuel Storage, Regulatory Violations.

(5) Copy of letter from R. E. Leighton, Agent for the Health Director, to James & Maura Doxsee dated October 8, 2007 Re Possible Septic Failure.

(6) Board of Selectmen Minutes from October 9, 2007.

(7) Clinton Planning & Zoning Commission Agenda for October 15, 2007.

(8) Withdrawal of Superior Court action Re Cathie Jefferson ZEO vs. Chris Lundberg.

(9) Lot Line Change application for Durland Fish, 56 Titus Coan Road, Killingworth.

(10) Deep River Planning & Zoning Commission Proposed Amendments to Zoning Regulations for Parking.

(11) Letter from R. E. Leighton, Code Official, to Harkin Engineering dated September 8, 2007 Re Olde Church Commons, Revised Plan Modification Comments.

(12) Original letter from Jacobson & Associates to Planning & Zoning Commission dated August 31, 2007 Re Olde Church Commons, Engineering Review.

(13) Faxed letter from Jacobson & Associates to Planning & Zoning Commission dated October 4, 2007 Re Olde Church Commons, Engineering Review.

(14) Letter from Fred S. Geyer to Planning & Zoning Commission dated September 26, 2007 Re Editorial in Clinton Recorder for True Value Hardware Store.

(15) Fax from Richard E. Leighton, Code Official, to Planning & Zoning Commission, dated October 16, 2007 Re Olde Church Commons, Approvals with Conditions for Commission Consideration.

(16) Letter from Phyllis and Matthew Stillman to Planning & Zoning Commission dated October 6, 2007 Re Killingworth True Value Hardware.

(17) Letter from Edward R. Ricciuti to Planning & Zoning Commission dated October 9, 2007 Re Killingworth True Value Hardware.

(18) Letter from Fred Dudek, Selectman, to Planning & Zoning Commission dated October 15, 2007 Re Special Exception #231.

(19) Letter from Killingworth Inland Wetlands Commission to Planning & Zoning Commission dated October 10, 2007 Re Olde Church Commons, Revision 4, dated 9/24/07.

(20) Olde Church Commons Statement of Use dated October 2, 2007.

(21) Letter from Killingworth Land Conservation Trust to Michael Harkin dated June 11, 2007 Re Olde Church Common/aka Cost Property.

(22) Letter from John Himmelman, KLCT President, to Michael Harkin dated September 19, 2007 Re Olde Church Commons property.

(23) Memorandum of Decision from Killingworth Inland Wetlands Commission dated April 24, 2007.

(24) Letter from Harkin Engineering to Richard Leighton dated September 26, 2007 Re Olde Church Commons.

(25) Letter from Nicholas F. Bellantoni to Robert Dowler dated December 27, 2001 Re Old Church Commons.

5. Old Business
(a) Special Exception #231 - Killingworth Center LLC, True Value Hardware, Route 81
Motion by Stull, second by Annino, to approve Special Exception Application #231 Killingworth Center LLC, True Value Hardware as submitted. Discussion followed. Chairman Lentz noted approvals have been received for the septic system from the Sanitarian, fire protection plan, report from Inland Wetlands and from the Town Engineer. It appears all approvals are in order to make a decision. Mr. Annino noted this application was well put together, well engineered and well presented - a first class job. His only concern was the archaeological sensitive area. He was concerned that a construction fence should be required. Mr. Harkin noted the applicant would not have a problem with outlining that area with orange construction fencing. Chairman Lentz noted all the concerns were addressed subsequent to the Commission's site walk and shown on the revised plan. There was a brief discussion regarding any change to the fire protection plan. C. Jefferson noted any change would require an amendment to the site plan. Motion was reworded to add the condition that a construction fence will be placed at the boundaries of the historical area. PASSED UNANIMOUSLY.

6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted she did an inspection at the Lundberg property and the lawsuit has been withdrawn.

(b) C. Jefferson noted she is following up on an unauthorized landscaping business on Madison Hollow on a residential property.

(c) C. Jefferson gave an update regarding the Jazzercise facility. No appeal was made on the Planning & Zoning Commission's decision. There is an eviction process progressing with the landlord. She noted the landlord might come in with a proposal for more parking at which a new application could be submitted. C. Jefferson noted she has signed off on another application for a small sporting goods store in the same retail space. There was discussion regarding the first Cease & Desist Order that was issued. Attorney Howard suggested just waiting to see what happens with the eviction process. Mr. Annino suggested this be revisited at the next meeting. He would like to review the original application for the retail space. C. Jefferson reviewed the number of parking spaces and how they were allocated in the original application. Chairman Lentz noted the Town needs an Ordinance which allows the ZEO to levy fines against anyone who is clearly in violation of an Order.

7. New Business
(a) Durland Fish, Lot Line Change, Titus Coan Road
Mr. Fish was present. C. Jefferson explained the lot line change application and the land swap. This would allow a bigger buffer from the pasture area and more privacy. Motion by Annino, second by Hayash, to approve Lot Line Change for Durland Fish, Titus Coan Road as stated on map dated January 12, 2006 and revised through October 9, 2007. PASSED UNANIMOUSLY.

8. Report of Officers and Subcommittees
(a) Updates of Town Plan of Conservation & Development
Chairman Lentz noted he had nothing further to report.

9. Adjournment
There being no further business, the meeting adjourned at 9:02 PM.

Regular Meeting 922

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

1. Call to Order
T. Lentz called the meeting to order at 7:30 PM.

2. Minutes of Regular Meeting No. 921 Held September 18, 2007
Motion by Stull, second by Hayash, to approve September 18, 2007 Minutes amended as follows -
 Page 4, under 5.(a), 5th sentence, change "insignificant" to "insufficient".
PASSED UNANIMOUSLY.

3. Visitors - none.

4. Communications and Bills
(1) Letter from R. E. Leighton, Code Official, to Bernard Blessenger dated September 16, 2007 Re Non-existent In-Ground Pool Enclosure, Notice of Violation.

(2) Letter from Connecticut Water Company to Planning & Zoning Commission dated September 17, 2007 Re Public Act 06-53.

(3) Letter from R. E. Leighton, Code Official, to Pamela Cramer dated September 22, 2007 Re Environmental/Code Complaints/Issues.

(4) Letter from R. E. Leighton, Code Official, to Philip Savva dated September 22, 2007 Re Unauthorized Apartment(s), Formal Inspection Required.

(5) Letter from R. E. Leighton, Code Official, to Robert Green Associates LLC dated September 22, 2007 Re Proposed Residence & Commercial Horse Boarding Facility, 1 Route 148.

(6) Board of Selectmen Notice of Vote and Minutes from September 24, 2007.

(7) Legal Notice Publication for Special Exception Application #230 for Jazzercise Facility.

(8) Letter from Fred S. Geyer to Planning & Zoning Commission dated September 26, 2007 Enclosing Editorial to the Clinton Recorder regarding True Value Hardware Store.

(9) Letter from Connecticut Economic Resource Center Inc. to Planning & Zoning Commission dated October 1, 2007 Re information on Economic Development Data and Information and CERC SiteFinder.

(10) 3 Certified Mail Receipt Cards - Killingworth Center LLC, Helena Erskine and 183 Route 81 LLC.

(11) Original letter from Jacobson & Associates to Planning & Zoning Commission dated September 25, 2007 Re Clarkson Lane, Status of Public Improvements.

(12) Detailed Statement of Use from Killingworth True Value for Special Exception Application #231.

(13) Letter and email from John Himmelman (one dated June 11, 2007 and one dated September 19, 2007) President of Killingworth Land Conservation Trust to Michael Harkin Re Old Church Commons Property.

(14) Memorandum of Decision from Killingworth Inland Wetlands & Watercourses Commission from April 24, 2007 meeting.

(15) Letter from R. E. Leighton, Code Official, to Harkin Engineering dated September 8, 2007 Re Olde Church Commons, Revised Plan Modification Comments.

(16) Letter from Harkin Engineering to Richard Leighton dated September 26, 2007 Re Old Church Commons, responding to Mr. Leighton's letter of September 8th.

(17) Letter from Nicholas Bellantoni, Connecticut State Archaeologist, dated December 27, 2001 to Robert Dowler Re Old Church Commons.

Motion by Annino, second by Adametz, to return to Agenda Item #2 and approve Site Walk Minutes of September 23, 2007 Re Killingworth True Value Hardware Special Exception Application. PASSED UNANIMOUSLY.

5. Old Business
(a) Special Exception #231 - True Value Hardware - public hearing scheduled for October 16, 2007
Chairman Lentz noted a site walk had been conducted. He asked Michael Harkin, applicant's engineer, to just explain what changes had occurred as a result of that site walk. Mr. Harkin introduced other representatives of the applicant and the applicants - Steve Sperell, Howard Irving, Attorney Tom Cronan and the Cost Family. Mr. Harkin noted they were submitting 6 sets of revised plans (which occurred after the site walk) dated 9/24/07. A detailed statement of use was included along with two letters from John Himmelman (Killingworth Land Conservation Trust), letter from the Inland Wetlands Commission, a list of comments from Richard Leighton (letter expected before the public hearing), report from the 3rd party archaeological study. Chairman Lentz re-emphasized the fact an approval letter must be received from Mr. Leighton before a decision can be made on this application, or the hearing will have to be continued. Mr. Harkin also noted he spoke to Joseph Dillon, Town Engineer, who will be sending a letter.

Chairman Lentz noted the revised plan should be given to the Inland Wetlands Commission also. Mr. Harkin stated he would do so once all municipal and State approvals have been received. Chairman Lentz reiterated the applicant has moved the building and this should be reviewed by the Inland Wetlands Commission. Mr. Harkin agreed he would do so. C. Jefferson noted the IWC knows there are revised plans forthcoming.

Mr. Harkin noted the front setback has been shifted out the building setback line. The propane tank has also been shifted back as far as possible with a row of white pines and fence as screening. The driveway was also shifted after the building was moved. Originally the driveway was only 5 feet away from the corner and it is now 19 feet. The tree line has been shifted as well. Mr. Harkin reviewed the Land Trust property noting the two Church foundations have been drawn in on the plan. He stated (and reviewed) several of the General Notes that were added to the Plan.

Mr. Harkin noted the use of the well was eliminated for the automatic sprinkler system. A second tank has been put on site to handle the sprinkler system.

Chairman Lentz noted it appeared that all concerns raised at the site walk have been addressed. He once again emphasized that all approvals would be required at the time of the public hearing. Mr. Annino noted there were 3 items remaining - reports from the town engineer, inland wetlands and Dick Leighton. It was noted all lights will be down lit and will be on timers.

6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted she received a call from the Dunkin Donuts owner regarding the fact the State wants to remove the trees along the sight line in the front. She met with the State representative and the property owner to review this matter. There are two trees within the State right-of-way and the owner has agreed to replace another tree set back a little.

(b) C. Jefferson noted a property owner on Tower Hill Road had taken down an old historic Town stone wall and there was a second issue with a number of animals. The State came in and ordered all the animals to be removed.

(c) C. Jefferson noted the Commission saw the letter from Richard Leighton regarding the illegal apartments on Paper Mill Road. She has also issued a Cease & Desist Order and hopefully this will be in compliance in the near future.

(d) C. Jefferson noted the bond for Region 17 is coming due in December and they have not put up the trees or the fencing yet. She received a call from Mike DiStefano from Region 17 who advised they would like to put in Sugar Maple trees along Route 81 in accordance with the regulations. Mr. DiStefano then asked if the netting could be permanently up and not to be raised and lowered. Ms. Jefferson had a concern that the netting would rip and tear if it was up all the time. Mr. DiStefano will obtain the specs for the netting and this will come back before the Commission.

(e) C. Jefferson gave an update on the recent Jazzercise Special Exception application. Ms. Jefferson noted her Cease & Desist Order was good only until a decision was made by Planning & Zoning on the Special Exception application. Therefore, the original Cease & Desist Order is null and void. Ms. Jefferson noted the applicant has an eviction notice from the property owner to be out by October 8th and time will tell as to what happens with this matter. In the meantime, Ms. Jefferson noted she had an inquiry about a sporting goods store in that same location which is a regular permitted use. The property owner has come in and resolved the fire safety issues. Ms. Jefferson will be talking with Attorney Bill Howard tomorrow. There was discussion about issuing another Cease & Desist Order.

(f) P. Stull noted there are dumpsters being stored on the property south of Dunkin Donuts again. C. Jefferson will contact that individual. There was a brief discussion regarding trucks parked along Route 81 at Dunkin Donuts.

(g) C. Jefferson asked if Chairman Lentz would email her Chapter 6 of the Plan of Conservation & Development so that members of the Inland Wetlands Commission could each have a copy to review. Chairman Lentz noted the Conservation Commission wanted it emailed too, but he was reluctant to start emailing it to everyone as it was only a draft. Hard copies will be made and distributed.

7. New Business - none.

8. Report of Officers and Subcommittees
(a) Update of Town Plan of Conservation & Development
Chairman Lentz noted the Plan must go to CRERPA for review 65 days before the public hearing. He forwarded CRERPA the last draft yesterday so a public hearing could be held probably in December.

Chairman Lentz noted he emailed everyone the report from the Killingworth Housing Partnership. The report was reviewed. It was noted accessory apartments are already allowed on lots twice the size of the minimum. Conservation Subdivisions allow for buildings on half the buildable area. Chairman Lentz noted the density is being doubled on the part that is developed in exchange for open space. It was agreed changing this would not improve affordable housing. Two family dwellings were discussed. It was noted each unit must have its own well and septic according to health code. Age restricted housing has already been addressed. Town sponsored housing was reviewed. It was felt this could not be restricted only to Killingworth residents. Chairman Lentz noted some towns have frozen taxes for individuals such as volunteer firemen. C. Jefferson noted some towns allow for a certain percentage of lots of subdivisions that need to be 1/2 acre or 1 acre lots. C. Jefferson noted some towns who feel they have a need for it are changing their accessory apartment regulations to allow for an apartment in a detached building. She also noted there should be a restriction on such a regulation that limits it to an existing residence. Chairman Lentz noted the Town of Newington just repealed their accessory apartment regulation because they found there were too many two family dwellings on the same lot. There was much discussion regarding accessory apartments and two family dwellings. Chairman Lentz noted energy conservation was already addressed in the Town's Subdivision Regulations. He did not agree, however, with giving a bonus of higher density.

9. Adjournment
There being no further business, the meeting was adjourned at 8:55 PM.