Regular Meeting No. 926

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

2. Minutes of Regular Meeting No. 925 Held December 4, 2007
Motion by Stull, second by Hayash, to approve December 4, 2007 Minutes as written. PASSED UNANIMOUSLY.

3. Visitors - none.

4. Communications and Bills
(a) Special Exception Application #234 for Joleen Borenski for Barber Shop/Salon at 184 Route 81.

(b) Letter from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated December 3, 2007 Re 183 Route 81, Fire Protection Revised Approval.

(c) Invoice from Howard and McMillan dated 12/5/2007 in the amount of $77.50.

(d) Copy of letter from Cathie S. Jefferson to Balakrishnan Nair dated 12/7/07 Re advertisements regarding activities offered to the public on property located at 276 North Parker Hill Road.

(e) Memorandum from Jacobson & Associates dated December 6, 2007 Re Minutes of Meeting with ACOE and CTDEP, Lovers Lane, Killingworth, CT.

(f) Affidavit of Publication for Notice of Decision for Special Exception #232.

(g) Board of Selectmen Notice of Vote from December 10, 2007.

(h) Letter from Connecticut River Coastal Conservation District Inc. to Richard Cabral dated December 5, 2007 Re Fiscal Year 2009.

(i) Letter from Chairman Lentz to Linda Dudek, Town Clerk dated December 17, 2007 reappointing Cathie Jefferson as ZEO.

(j) Letter from Chairman Lentz to Cathie Jefferson dated December 9, 2007 from the Commission thanking her for her fine work as Zoning Enforcement Officer.

(k) Three Certified Mail Green Cards regarding proposed amendment to Zoning Regulations for addition of Section 80A.2.I.

(l) Letter from Eastern Connecticut Resource Conservation and Development Area, Inc. dated December 2007 Re ERT program.

(m) Original letter and fax from Superintendent Gary Mala, Regional School District 17, dated December 14, 2007 Re Release of Bond.

5. Old Business
(a) Amendment to Section 80 to add 80A.2.I, Special Principal Use, Storage for Construction Material Removal Bins - public hearing scheduled for January 15, 2008.
Chairman Lentz noted the public hearing for this would be on January 15, 2008.

(b) Tibbals Bridge Road Abandonment
Chairman Lentz noted some concerns have arisen mainly from the Land Trust regarding the abandonment of Tibbals Bridge Road. There was a site walk of the site yesterday by a group of people. It was noted the Planning & Zoning Commission voted on approving the abandonment. Chairman Lentz noted anyone interested in this matter should go to the Town Meeting where this will be voted on. There was discussion as to whether a majority vote would be required at a Town Meeting if the Planning & Zoning Commission has already approved it. Discussion ensued.

6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted she met today with Attorney Michael Wells regarding Surrey Ridge Subdivision. Attorney Wells will further explore the town's liability regarding this matter. Discussion ensued as to the remaining work and who is responsible to do it.

(b) C. Jefferson reviewed the Region District 17 Bond and letter from Superintendent Gary Mala dated December 14, 2007. Chairman Lentz read said letter dated December 14, 2007 addressed to Cathie Jefferson into the record.

Motion by Annino, second by Stull, to add Middle School bonding to the agenda under Report of Officers and Subcommittees. PASSED UNANIMOUSLY.

There was nothing further to report on Jazzercise.

7. New Business
(a) Special Exception #234, Joleen Borenski, J&J Barber Shop, 184 Route 81 (map 33, lot 8) - schedule public hearing
Chairman Lentz noted a public hearing will be scheduled for January 15, 2008.

8. Report of Officer's and Subcommittees
A draft letter prepared to the Town Engineer regarding Surrey Ridge Subdivision was reviewed. It was reiterated Town Attorney Michael Wells is reviewing this matter and should review this letter.

There was discussion regarding publishing the agendas, legal notices and minutes. This will be discussed further at the next meeting.

(a) Updates of Town Plan of Conservation & Development
Chairman Lentz noted he put the Town Plan of Conservation & Development on a disk for copying. Recording Secretary Brown will get 20 copies made for the Commission. Chairman Lentz noted the public hearing for the Plan will be February 19, 2008.


(b) Regional School District 17 Bond
Motion by Annino, second by Stull, to approve release of bond for RSD 17 Middle School subject to condition agreed upon in letter from Superintendent Mala to Cathie Jefferson dated 12/14/2007. PASSED UNANIMOUSLY.

9. Adjournment
There being no further business the meeting was adjourned at 8:37 PM.

Regular Meeting No. 925

Present - T. Lentz, Chairman 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. 924 Held November 20, 2007
Motion made and seconded to approve November 20, 2007 Minutes amended as follows -
 Page 5, top of page, correct sentence to read, "It was decided to move 5 feet closer to the road rather than going back because they need to get a machine up against the fence to raise and lower the netting, and to go between the sugar maples."
 Page 1, under Visitors, last paragraph on page, correct sentence to read, " Mr. Kelly reviewed "alternative 4" noting stone walls would need to be removed, lighting would...".
 Page 1, under Visitors, last paragraph on page, correct sentence to read, "Mr. Annino requested information on how this proposal fits into future development plans for the overall strategy for park and recreation for the Town."
PASSED UNANIMOUSLY.

3. Visitors
Mike DiStefano, Region 17, noted Superintendent Gary Mala had written C. Jefferson a letter this afternoon regarding additional plantings along Route 81 at the new Middle School. Mr. DiStefano reviewed the letter in which Superintendent Mala indicated Region 17 would go ahead and do the plantings. He noted that originally the Commission had approved the netting and Region 17 went ahead and did the plantings according to the required Zoning Regulation. Subsequent to that an additional planting scheme was worked between Mr. DiStefano and Ms. Jefferson. Said planting proposal was then presented to the School Building Committee and they had several questions. The Committee felt that it had already complied with the regulations. Chairman Lentz noted the additional trees was a condition to the alternative netting that was approved. Mr. DiStefano noted everything is ready to go ahead with the proposal as discussed with Ms. Jefferson, but timing is now an issue. Mr. DiStefano agreed that the plantings would be done at the earliest possible time. Ms. Jefferson noted the Town is still holding the bond so the Commission will have to either vote on that or agree to release it with a statement from Region 17 that the additional plantings will be done. Mr. DiStefano noted the letter from Superintendent Mala states the additional trees will be planted. He apologized for any confusion regarding this matter.

Bill Velez, Killingworth Youth League, noted the League was interested in putting a storage unit either behind the Town Hall or the Fire House. Right now the League equipment is stored all over town in garages, etc. and the equipment is not secured. The actual location was reviewed. It was noted the unit would be temporary so it could be moved if necessary, and would be located behind the gate for the Public Works Department. Discussion followed as to size of the unit and it's appearance. Chairman Lentz suggested Mr. Velez contact the Zoning Enforcement Officer to complete a Municipal Improvement application. Mr. Annino noted he would look more favorably on this if it was a temporary solution versus a permanent structure in an area that does not have a plan for strategic development. There was discussion regarding temporary versus permanent. Chairman Lentz asked if there was an alternative to a storage unit. Mr. Velez reviewed where the equipment is now being stored. In conclusion, it was noted the temporary storage unit is not permitted, but a permanent structure would be, pending approval of a submitted application. Chairman Lentz suggested Mr. Velez discuss this matter with the Selectmen to see if something can be worked out.

Kristi Rolfs, Jazzercise, asked when the Planning & Zoning Commission is going to take some action against Jazzercise of Killingworth for operating without a Special Exception Permit. Chairman Lentz noted that decision hasn't been decided yet. Ms. Rolf asked when a decision will be rendered. They have been operating without a permit for 3 months. It was decided the Commission would wait until hearing the ZEO's Report before proceeding on this matter.

4. Communications and Bills
(a) Memo from Bill Velez for Killingworth Youth Little League regarding Storage Unit for Equipment.

(b) Letter from Superintendent Gary Mala, Region 17, dated December 3, 2007 regarding additional plantings along Route 81 at new Middle School.

(c) Board of Selectmen 2008 Meeting Schedule.

(d) Letter from R. E. Leighton, Code Official, to Richard Cabral, First Selectman, dated November 26, 2007 Re Request for Fee Reimbursement, 21 Clarkson Road.

(e) Board of Selectmen Notice of Vote and Minutes from November 26, 2007.

(f) Budget Papers for Proposed Fiscal Year Budget 2008/2009.

(g) Letter from Cathie Jefferson to Dean Bochanis dated 11/26/07 Re Jazzercise of Killingworth. Chairman Lentz read letter into the record. There was a further brief discussion with Kristi Rolfs regarding what action was going to be taken by the Commission.

(h) Letter from R. E. Leighton, Code Official, to JP Morgan Chase Bank dated December 3, 2007 Re 55 Keith Circle, Potable Water Supply Unavailable.

(i) Lot Line Change application from Michael Reznik for Lots 23 and 24, Wolf Hollow Estates.

(j) Letter from Cathie Jefferson to Superintendent Gary Mala, dated 11/30/07, Re Bond and outstanding requirements for Killingworth Middle School.

5. Old Business
(a) Amendment to Section 80 to add 80A.2.I, Special Principal Use, Storage for Construction Material Removal Bins
Chairman Lentz noted this was originally going to be scheduled for December 18th, but the Statutes say it must go before the Regional Planning Agencies 30 days prior to the hearing, so the hearing is now scheduled for January 15, 2008.

6. Zoning Enforcement Officer's Report
C. Jefferson noted Chairman Lentz already read the letter she wrote to Dean Bochanis regarding the eviction of Jazzercise. She noted the recommendation from the Commission's attorney was to let the eviction process proceed and that the Commission should not allow for a lengthy extended remediated eviction. Mr. Annino asked if there is anything being done by the landlord to look at expanding parking. Ms. Jefferson noted the landlord had his engineer look at expanding parking at the back of the building, but the detention basin is too close to allow for parking and safe passage for fire lanes, etc. When that building was done, the site was pretty much maxed out at that time. The landlord is not pursuing the issue of expanding parking. C. Jefferson noted R. Leighton recently wrote a letter regarding fire protection. She indicated Mr. Leighton's letter had rescinded fire protection approval of the building due to the fact there is an illegal retail use. The building does meet the requirements for the prior legally approved retail uses.

C. Jefferson noted the Surrey Ridge Subdivision Bond (for private road) was released about two years ago. The Town Crew has been concerned because Roast Meat Hill has been chewed up as a result of the installation of the water tank. It was also noted the catch basins are an inch above pavement and the final topcoat of pavement was never put on the Surrey Ridge private road. This was signed off by a former engineer working for the Town Engineer and the subsequent engineer didn't pick up on it because he was just looking at the outstanding items that needed to be done thinking the road was completed. C. Jefferson noted Dave Kishel, developer, has been informed he has a responsibility to fix the Town road where it is chewed up and to put the final topcoat on the private road. Ms. Jefferson has asked Joe Dillon to calculate a bond amount for the final topcoat and fixing the Town road. There was discussion as to why the Town Engineer didn't catch this and indicated the bond could be released. It was noted a lien should be put on the property to assure this work is done. A letter should probably also go to the Town Engineer putting them on notice that this mistake occurred. The Town Attorney should be contacted regarding this matter.

C. Jefferson noted the Army Corps of Engineers and DEP will be at Lover's Lane at 10:30 AM on Thursday morning (December 6th) to review possible alternatives for repairing the road.

Permit Log was distributed.

7. New Business
(a) Lot Line Change, Michael Reznik, Lots 23 and 24, Fox Run Lane
Michael Reznik reviewed the revised map for Lots 23 and 24 of Wolf Hollow Estates. He explained the driveway was originally going through ledge and when he contacted his engineer to ask if he could move it 10 feet, the response was yes. An house built was done on the house for Lot 23 but nothing was ever done for the driveway. It has now been determined the driveway for Lot 23 is actually on Lot 24. Mr. Reznik noted he applied to the Zoning Board of Appeals for a variance of the 150 foot frontage requirement as there is only 137 feet. A variance was granted on November 26th. As a result Mr. Reznik is now asking for a lot line change which he reviewed. Lot 23 will be deeding 13,000 feet to Lot 24 and vice versa in order to comply with the soil based zoning. Commission members reviewed the map. Motion by Stull, second by Hayash, to approve Lot Line Change for Michael Reznik as shown on Revised Map for Lots 23 & 24, Wolf Hollow Estates, Section IV, Fox Run, Killingworth. PASSED UNANIMOUSLY.

(b) Election of Officers
Motion by Stull, second by Adametz, to nominate Tom Lentz as Chairman, Lou Annino Jr. as Vice Chairman and Susan Morgan as Secretary for the upcoming year. PASSED UNANIMOUSLY.

(c) Re-appointment of Zoning Enforcement Officer
Chairman Lentz noted Cathie Jefferson does a fantastic job and the Commission endorses her reappointment. Motion by Adametz, second by Morgan, to reappoint Cathie Jefferson as Zoning Enforcement Officer for the upcoming year and that a letter be written by Chairman Lentz indicating the Commission appreciates Ms. Jefferson's professionalism, efforts and assistance to its members. PASSED UNANIMOUSLY.


8. Report of Officer's and Subcommittees
(a) Updates of Town Plan of Conservation and Development
Chairman Lentz noted the maps have been fixed and inserted into the Plan. The Plan is now complete and he will email it to the members. A tentative date for the public hearing is February 5, 2008. There was discussion as to how many copies would be needed and whether they should be in color prior to the public hearing.

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