Regular Meeting No. 927
It is noted for the record that public hearings were held for the following applications -
Amendment to Section 80 to add 80A.2.L, Special Principal Use, Storage for Construction Material Removal Bins.
Special Exception #234, Joleen Borenski, The Village Barber, 184 Route 81 (map 33, lot 8).
Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino (arrived at 7:15 PM)
S. Morgan
J. Adametz
P. Stull
D. Gross (non-seated alternate)
P. McGuinness (seated for E. Hayash)
J. O'Brien (seated for Section 80 public hearing and discussion only for L. Annino)
1. Call to Order
T. Lentz called the meeting to order at 7:31 PM immediately following the public hearings.
2. Minutes of Regular Meeting No. 926 Held December 18, 2007
Motion by Adametz, second by Stull, to approve December 18, 2007 Minutes as written. PASSED UNANIMOUSLY.
3. Visitors
(a) Dean Bochanis, 183 Route 81, Preliminary Discussion
Mr. Bochanis noted he was present to preliminarily discuss a possible application for additional parking at 183 Route 81. He noted previous fire protection approval had been rescinded due to a concern about fire lane parking. Mr. Bochanis indicated he was surprised at this because the site plan had already been accepted. Chairman Lentz noted the Commission approved what had been originally submitted. There was a brief discussion regarding the original approval and the fact that recently a tenant came in applying for a special exception to run a business there that exceeded parking for the establishment and was denied. Ms. Jefferson, ZEO, briefly reviewed the letter written by Mr. Leighton regarding the fire lane. Mr. Bochanis reviewed his proposal for extra parking. He stated there would be a total of 7 additional parking spaces making the total 32. Mr. Bochanis noted Mr. Leighton has now taken away two parking spaces from the original approval. Ms. Jefferson noted one of the questions is whether or not the Commission would look favorably on putting parking spaces in the setback area. Section 130 of the Zoning Regulations reviews parking and the possibility of requesting a waiver of that parking. If the Commission was not willing to waive the parking, then this proposal would not be feasible. Mr. Bochanis noted it is not unusual to have parking in the setback area. There was further discussion regarding Mr. Leighton's letter regarding fire protection approval and subsequent rescission and the possible waiving of requirements from the regulations. The 5 foot landscaped area that is required between the parking area and the boundary of the lot was discussed. Mr. Bochanis was proposing a fence two feet off the property line to prevent encroachment. Chairman Lentz noted he would have no objection to the 5 foot buffer, but suggested Mr. Bochanis review this with the Code Official. Commission members agreed with Chairman Lentz. There was further discussion regarding the waiving of requirements. Chairman Lentz reiterated Mr. Bochanis should discuss this matter further with the Code Official and then come back to the Commission.
(b) Attorney Peter Sipples and Tom Stevens were present to discuss preliminarily property at 558 North Roast Meat Hill Road, Limerick Farm LLC. Attorney Sipples distributed copies of his Memorandum dated January 15, 2008 regarding the keeping of horses at 558 North Roast Meat Hill Road containing 22.48 acres. He reviewed Sections 61A.2(F) and 61A.1(G) of the Zoning Regulations regarding the keeping of horses. The applicant would like to amend their special exception to increase the number of boarding stables from thirteen (13) to twenty-five (25) and personal stables from five (5) to ten (10). Mr. Sipples pointed out the total acreage of this property would support sixty (60) horses for private use. In summary Attorney Sipples noted his review of the regulations does not indicate there is any prohibition against combining a boarding stable of up to twenty-five (25) horses (by special exception) with stables for private use, as long as the acreage is sufficient for both uses. There was discussion regarding net buildable lot area and soil classifications. Chairman Lentz noted the property owner would have to come in for a special exception application and the regulations would need to be clarified at that time. It was agreed there is no prohibition of combining boarding stables with personal stables. Ms. Jefferson noted there has never been anyone in Town that has come in with a request for over 25 horses, therefore, this issue has not come up before.
4. Communications and Bills
(1) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated December 23, 2007 Re Gargiulo Subdivision, Lot 8C Parker Hill Road, Sanitarian's Denial Based on State Health Department Decisions.
(2) Copy of letter from R. E. Leighton, Code Official, to People's United Bank dated January 3, 2008 Re Kitchen Renovations, 545 North Roast Meat Hill Road, Building Permit Requirements.
(3) Copy of letter from R. E. Leighton, Agent for the Health Director, to RSD#17 dated December 23, 2007 Re Killingworth Elementary School, Requested Repairs for Sub-Surface Sewage Disposal System.
(4) Copy of letter from R. E. Leighton, Health Agent for the Health Director, to Country Cloverleaf Texaco dated December 29, 2007 Re Public Water System ID# CT0700284, Detectable Total Coliform Samples.
(5) Copy of memo from R. E. Leighton, Code Official, to Richard Cabral, First Selectman dated December 23, 2007 Re 11 Lower Ledge Road, Request for Fee Reimbursement.
(6) Two invoices - one from Technique Printers for $660.00 (copying of Town Plan) and one from Tighe & Bond for $942.45 (engineering services for Land Use Map).
(7) Notice from DOT Re change of address to Department of Transportation, 171 Salem Turnpike, Norwich, CT 06360.
(8) Copy of letter from State DOT to Tom Catucci dated December 21, 2007 Re Proposed Residents with Boarding Stable, Route 148, Killingworth.
(9) Letter from Dan Colonia and Richard Cabral to Thomas Lentz dated January 4, 2008 Re Meeting (January 17, 2008 at 7:00 PM at Killingworth Fire Department) with Park & Recreation Commission and Board of Selectmen and various boards, commissions, and committees to review short and long term development of Wettish property, refurbishment of Sheldon Park and general overall direction of recreational facilities development in Killingworth.
(10) Copy of letter from Cathie S. Jefferson to David Kishel dated 1/8/08 Re Bonding for Surrey Ridge Subdivision.
(11) Minutes from Killingworth Board of Selectmen Meeting of December 10, 2007.
(12) Minutes from Killingworth Water Pollution Control Authority from Annual Meeting and Regular Meeting of December 5, 2007.
(13) Letter from Attorney Peter Sipples to Thomas Lentz dated January 3, 2008 requesting to be put on the January 15, 2008 agenda for discussion of property at 558 North Roast Meat Hill Road.
(14) Legal Notice Publication and Affidavits of Publication regarding public hearings held prior to this meeting.
(15) Memorandum from Attorney Peter Sipples to Killingworth Planning & Zoning Commission dated January 15, 2008 Re Keeping of Horses at 558 North Roast Meat Hill Road.
5. Old Business
(a) Amendment to Section 80 to add 80A.2.L, Special Principal Uses, Storage for Construction Material Removal Bins
A public hearing was held prior to this meeting. A brief discussion followed. Motion by Stull, second by O'Brien, to approve Amendment to Section 80 to add 80A.2.L, Special Principal Use, Storage for Construction Material Removal Bins. Voting in favor - O'Brien. Opposed - Lentz, Morgan, Adametz, Stull, McGuinness. Motion Failed. DENIED. Chairman Lentz noted the applicant was requesting to make this the sole business for the property and not an accessory use. There was discussion regarding maybe changing the zone, but it was noted that could be interpreted as spot zoning. Ms. Jefferson noted if the regulation had been approved, then the applicant would have had to come back for a special exception under that regulation.
(b) Special Exception #234, Joleen Borenski, The Village Barber, 184 Route 81 (map 33, lot 8)
Motion by Stull, second by Annino, to approve Special Exception #234, Joleen Borenski, The Village Barber, 184 Route 81 as presented with condition that signage must be approved by Zoning Enforcement Officer to be compliant and within style of what was presented. Discussion followed regarding signage. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer's Report
C. Jefferson reviewed status of the Surrey Ridge Subdivision. She noted this matter was originally discussed with the Town Attorney who indicated it should be transferred to the Planning & Zoning Commission attorney, which Ms. Jefferson has done. Attorney Howard suggested Ms. Jefferson send a letter to the developer stating the bond must be reinstated and that no approvals would be issued until that was done.
C. Jefferson noted there was another advertisement in the newspaper for the Arts League. The property owner will be meeting with Ms. Jefferson on the 25th to further discuss this matter because the activity does not meet the requirements.
C. Jefferson noted the Town Clerk will get an estimate of what it will cost for codification of the regulations when changes are made.
C. Jefferson noted an item needs to be added to the agenda for the reappointment of Jere Adametz as CRERPA representative as his term expired 12/31/07.
There was discussion regarding the cottages on the Lundberg property and whether they are allowed to be upgraded and used. Mr. Annino reviewed past history that he was aware of. Ms. Jefferson noted she can't find anything in past documentation relative to these cottages. It was suggested Ms. Jefferson contact the former P&Z Chairman, Mr. Martens, to see what he remembers happened with this property. The question is whether or not the cottages would be allowed to be used if proper permits are obtained.
C. Jefferson noted there was only one zoning permit for the month of December.
Phil Stull noted the lot between the Holly Loft and Dunkin Donuts had an empty, used refrigerator, a dumpster and several bags of garbage on it. Ms. Jefferson will contact the property owner.
There was a brief discussion regarding the status of Jazzercise and the new proposal for additional parking put forth by the property owner. Ms. Jefferson noted an applicant can only apply for something if the property is in zoning compliance. It was agreed this is a flagrant violation and it was the consensus of Commission members to move forward in court with this issue. If the issue is worked out in the meantime, then it can be withdrawn.
7. New Business
Motion by Annino, second by Stull, to add item to New Business (a) Reappointment of CRERPA Representative. PASSED UNANIMOUSLY.
Motion by Annino, second by Stull, to reappoint Jere Adametz as Planning & Zoning's representative to CRERPA. PASSED UNANIMOUSLY.
8. Report of Officer's and Subcommittees
(a) Updates of Town Plan of Conservation & Development
Chairman Lentz noted the public hearing for the Town Plan would be on February 19, 2008 at the Killingworth Fire House at 7:00 PM.
9. Adjournment
There being no further business, the meeting was adjourned at 9:36 PM.
Amendment to Section 80 to add 80A.2.L, Special Principal Use, Storage for Construction Material Removal Bins.
Special Exception #234, Joleen Borenski, The Village Barber, 184 Route 81 (map 33, lot 8).
Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino (arrived at 7:15 PM)
S. Morgan
J. Adametz
P. Stull
D. Gross (non-seated alternate)
P. McGuinness (seated for E. Hayash)
J. O'Brien (seated for Section 80 public hearing and discussion only for L. Annino)
1. Call to Order
T. Lentz called the meeting to order at 7:31 PM immediately following the public hearings.
2. Minutes of Regular Meeting No. 926 Held December 18, 2007
Motion by Adametz, second by Stull, to approve December 18, 2007 Minutes as written. PASSED UNANIMOUSLY.
3. Visitors
(a) Dean Bochanis, 183 Route 81, Preliminary Discussion
Mr. Bochanis noted he was present to preliminarily discuss a possible application for additional parking at 183 Route 81. He noted previous fire protection approval had been rescinded due to a concern about fire lane parking. Mr. Bochanis indicated he was surprised at this because the site plan had already been accepted. Chairman Lentz noted the Commission approved what had been originally submitted. There was a brief discussion regarding the original approval and the fact that recently a tenant came in applying for a special exception to run a business there that exceeded parking for the establishment and was denied. Ms. Jefferson, ZEO, briefly reviewed the letter written by Mr. Leighton regarding the fire lane. Mr. Bochanis reviewed his proposal for extra parking. He stated there would be a total of 7 additional parking spaces making the total 32. Mr. Bochanis noted Mr. Leighton has now taken away two parking spaces from the original approval. Ms. Jefferson noted one of the questions is whether or not the Commission would look favorably on putting parking spaces in the setback area. Section 130 of the Zoning Regulations reviews parking and the possibility of requesting a waiver of that parking. If the Commission was not willing to waive the parking, then this proposal would not be feasible. Mr. Bochanis noted it is not unusual to have parking in the setback area. There was further discussion regarding Mr. Leighton's letter regarding fire protection approval and subsequent rescission and the possible waiving of requirements from the regulations. The 5 foot landscaped area that is required between the parking area and the boundary of the lot was discussed. Mr. Bochanis was proposing a fence two feet off the property line to prevent encroachment. Chairman Lentz noted he would have no objection to the 5 foot buffer, but suggested Mr. Bochanis review this with the Code Official. Commission members agreed with Chairman Lentz. There was further discussion regarding the waiving of requirements. Chairman Lentz reiterated Mr. Bochanis should discuss this matter further with the Code Official and then come back to the Commission.
(b) Attorney Peter Sipples and Tom Stevens were present to discuss preliminarily property at 558 North Roast Meat Hill Road, Limerick Farm LLC. Attorney Sipples distributed copies of his Memorandum dated January 15, 2008 regarding the keeping of horses at 558 North Roast Meat Hill Road containing 22.48 acres. He reviewed Sections 61A.2(F) and 61A.1(G) of the Zoning Regulations regarding the keeping of horses. The applicant would like to amend their special exception to increase the number of boarding stables from thirteen (13) to twenty-five (25) and personal stables from five (5) to ten (10). Mr. Sipples pointed out the total acreage of this property would support sixty (60) horses for private use. In summary Attorney Sipples noted his review of the regulations does not indicate there is any prohibition against combining a boarding stable of up to twenty-five (25) horses (by special exception) with stables for private use, as long as the acreage is sufficient for both uses. There was discussion regarding net buildable lot area and soil classifications. Chairman Lentz noted the property owner would have to come in for a special exception application and the regulations would need to be clarified at that time. It was agreed there is no prohibition of combining boarding stables with personal stables. Ms. Jefferson noted there has never been anyone in Town that has come in with a request for over 25 horses, therefore, this issue has not come up before.
4. Communications and Bills
(1) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated December 23, 2007 Re Gargiulo Subdivision, Lot 8C Parker Hill Road, Sanitarian's Denial Based on State Health Department Decisions.
(2) Copy of letter from R. E. Leighton, Code Official, to People's United Bank dated January 3, 2008 Re Kitchen Renovations, 545 North Roast Meat Hill Road, Building Permit Requirements.
(3) Copy of letter from R. E. Leighton, Agent for the Health Director, to RSD#17 dated December 23, 2007 Re Killingworth Elementary School, Requested Repairs for Sub-Surface Sewage Disposal System.
(4) Copy of letter from R. E. Leighton, Health Agent for the Health Director, to Country Cloverleaf Texaco dated December 29, 2007 Re Public Water System ID# CT0700284, Detectable Total Coliform Samples.
(5) Copy of memo from R. E. Leighton, Code Official, to Richard Cabral, First Selectman dated December 23, 2007 Re 11 Lower Ledge Road, Request for Fee Reimbursement.
(6) Two invoices - one from Technique Printers for $660.00 (copying of Town Plan) and one from Tighe & Bond for $942.45 (engineering services for Land Use Map).
(7) Notice from DOT Re change of address to Department of Transportation, 171 Salem Turnpike, Norwich, CT 06360.
(8) Copy of letter from State DOT to Tom Catucci dated December 21, 2007 Re Proposed Residents with Boarding Stable, Route 148, Killingworth.
(9) Letter from Dan Colonia and Richard Cabral to Thomas Lentz dated January 4, 2008 Re Meeting (January 17, 2008 at 7:00 PM at Killingworth Fire Department) with Park & Recreation Commission and Board of Selectmen and various boards, commissions, and committees to review short and long term development of Wettish property, refurbishment of Sheldon Park and general overall direction of recreational facilities development in Killingworth.
(10) Copy of letter from Cathie S. Jefferson to David Kishel dated 1/8/08 Re Bonding for Surrey Ridge Subdivision.
(11) Minutes from Killingworth Board of Selectmen Meeting of December 10, 2007.
(12) Minutes from Killingworth Water Pollution Control Authority from Annual Meeting and Regular Meeting of December 5, 2007.
(13) Letter from Attorney Peter Sipples to Thomas Lentz dated January 3, 2008 requesting to be put on the January 15, 2008 agenda for discussion of property at 558 North Roast Meat Hill Road.
(14) Legal Notice Publication and Affidavits of Publication regarding public hearings held prior to this meeting.
(15) Memorandum from Attorney Peter Sipples to Killingworth Planning & Zoning Commission dated January 15, 2008 Re Keeping of Horses at 558 North Roast Meat Hill Road.
5. Old Business
(a) Amendment to Section 80 to add 80A.2.L, Special Principal Uses, Storage for Construction Material Removal Bins
A public hearing was held prior to this meeting. A brief discussion followed. Motion by Stull, second by O'Brien, to approve Amendment to Section 80 to add 80A.2.L, Special Principal Use, Storage for Construction Material Removal Bins. Voting in favor - O'Brien. Opposed - Lentz, Morgan, Adametz, Stull, McGuinness. Motion Failed. DENIED. Chairman Lentz noted the applicant was requesting to make this the sole business for the property and not an accessory use. There was discussion regarding maybe changing the zone, but it was noted that could be interpreted as spot zoning. Ms. Jefferson noted if the regulation had been approved, then the applicant would have had to come back for a special exception under that regulation.
(b) Special Exception #234, Joleen Borenski, The Village Barber, 184 Route 81 (map 33, lot 8)
Motion by Stull, second by Annino, to approve Special Exception #234, Joleen Borenski, The Village Barber, 184 Route 81 as presented with condition that signage must be approved by Zoning Enforcement Officer to be compliant and within style of what was presented. Discussion followed regarding signage. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer's Report
C. Jefferson reviewed status of the Surrey Ridge Subdivision. She noted this matter was originally discussed with the Town Attorney who indicated it should be transferred to the Planning & Zoning Commission attorney, which Ms. Jefferson has done. Attorney Howard suggested Ms. Jefferson send a letter to the developer stating the bond must be reinstated and that no approvals would be issued until that was done.
C. Jefferson noted there was another advertisement in the newspaper for the Arts League. The property owner will be meeting with Ms. Jefferson on the 25th to further discuss this matter because the activity does not meet the requirements.
C. Jefferson noted the Town Clerk will get an estimate of what it will cost for codification of the regulations when changes are made.
C. Jefferson noted an item needs to be added to the agenda for the reappointment of Jere Adametz as CRERPA representative as his term expired 12/31/07.
There was discussion regarding the cottages on the Lundberg property and whether they are allowed to be upgraded and used. Mr. Annino reviewed past history that he was aware of. Ms. Jefferson noted she can't find anything in past documentation relative to these cottages. It was suggested Ms. Jefferson contact the former P&Z Chairman, Mr. Martens, to see what he remembers happened with this property. The question is whether or not the cottages would be allowed to be used if proper permits are obtained.
C. Jefferson noted there was only one zoning permit for the month of December.
Phil Stull noted the lot between the Holly Loft and Dunkin Donuts had an empty, used refrigerator, a dumpster and several bags of garbage on it. Ms. Jefferson will contact the property owner.
There was a brief discussion regarding the status of Jazzercise and the new proposal for additional parking put forth by the property owner. Ms. Jefferson noted an applicant can only apply for something if the property is in zoning compliance. It was agreed this is a flagrant violation and it was the consensus of Commission members to move forward in court with this issue. If the issue is worked out in the meantime, then it can be withdrawn.
7. New Business
Motion by Annino, second by Stull, to add item to New Business (a) Reappointment of CRERPA Representative. PASSED UNANIMOUSLY.
Motion by Annino, second by Stull, to reappoint Jere Adametz as Planning & Zoning's representative to CRERPA. PASSED UNANIMOUSLY.
8. Report of Officer's and Subcommittees
(a) Updates of Town Plan of Conservation & Development
Chairman Lentz noted the public hearing for the Town Plan would be on February 19, 2008 at the Killingworth Fire House at 7:00 PM.
9. Adjournment
There being no further business, the meeting was adjourned at 9:36 PM.
