Regular Meeting No. 929

It is noted for the record a public hearing was held at the Killingworth Fire House, Route 81, Killingworth, commencing at 7:00 PM and closing at 7:40 PM, to review and hear public comment regarding the Town Plan of Conservation and Development.

Present - T. Lentz, Chairman
L. Annino
S. Morgan
J. Adametz
E. Hayash
P. Stull
D. Gross (non-voting alternate)
P. McGuinness (non-voting alternate)

1. Call to Order
T. Lentz called the meeting to order at 7:50 PM immediately following the above public hearing at the Killingworth Town Office Building, 323 Route 81, Killingworth.

2. Minutes of Regular Meeting No. 928 Held February 5, 2008
Motion by Hayash, second by Adametz, to approve February 5, 2008 Minutes as written. PASSED UNANIMOUSLY.

3. Visitors
(a) M. Kahn
M. Kahn inquired about a convenience store and gasoline station, 3500 square feet, with walk in window for food. This would be on 2 one acre lots between the Holly Loft and Dunkin Donuts. L. Annino raised issues regarding hours of operation, signage and architectural requirements. Chairman Lentz pointed out under Section 14-321 of the Connecticut General Statutes that an individual who wants to obtain a license for the sale of gasoline must first obtain and present to the Commissioner a Certificate of Approval of the Location for which such license is required. This Certificate is obtained from either Zoning Commission, Planning & Zoning Commission or local authority of the town where the station or pump is proposed to be located. The Commission felt that in order to approve the location there should be some information regarding soil types, wetlands and there should be input from an engineer, soil scientist and the code official. M. Kahn was advised to contact C. Jefferson (ZEO) and Dick Leighton (Code Official). Mr. Kahn noted one should own the land in order to be able to offer the customer better pricing. Commission members urged Mr. Kahn to look at the signage and architectural requirements as well as Section 130 of the Killingworth Zoning Regulations.

4. Communications and Bills
(1) Notice of Vote and Minutes from Board of Selectmen Meeting February 11, 2008.

(2) Minutes from Board of Selectmen Special Meeting February 5, 2008.

(3) Legal Notice Publication Re Town Plan of Conservation & Development Notice of Public Hearing.

(4) Invoice from Howard and McMillan in the amount of $1,131.50 for legal services (Jazzercise).

(5) Letter from Connecticut Light and Power dated February 5, 2008 enclosing the 2007 Connecticut Economic Review.

(6) Copy of letter from R. E. Leighton, Code Official, to Patrick Parker dated February 5, 2008 Re Third Floor Renovations, 21 Heft Brook Lane, Notice of Denial.

(7) Copy of letter from R. E. Leighton, Agent for the Health Director, to Jensen's Inc. dated February 5, 2008 Re 9 Hilldale, Sub-Surface Sewage Disposal System.

(8) Statement from Howard and McMillan of open balance in the amount of $124.00.

(9) Letter from Jacobson & Associates Re Bonding for Sherwood Forest Subdivision (C. Jefferson to review for next meeting).

(10) Information from CT Federation of Planning & Zoning Re Annual Meeting.

5. Old Business
(a) Town Plan of Conservation and Development
Chairman Lentz noted the Commission held a public hearing for the Town Plan immediately prior to this meeting. L. Annino noted the comment from Selectman Iino regarding traffic impact on town roads was a valid one. He indicated there should be a traffic study of the town that is part of the Board of Selectmen's master plan for road development and maintenance. There was discussion regarding the need for a traffic study of all roads in Town including State roads. Mr. Annino noted there is some untested language in the regulations that requires the developer to share in the cost of upgrading the road infrastructure to accommodate development. Chairman Lentz noted the Town cannot require the developer to upgrade the whole road, but possibly a portion of an intersection. It was pointed out the Commission cannot restrict subdivisions due to inadequate roads. It was decided to add a sentence to the Town Plan recommending a baseline traffic evaluation be performed on all roads in town in order to evaluate the amount of traffic on roads and where traffic management plans and/or road improvements are desirable.

Chairman Lentz noted the Killingworth Park & Recreation Master Plan will be added as an appendix to the Town Plan.

Motion by Stull, second by Hayash, to amend the Town Plan to include Park & Recreation Master Plan and adding the sentence regarding the baseline traffic evaluation on all roads in town as noted above. PASSED UNANIMOUSLY.

Motion by Stull, second by Annino, to adopt the Town Plan of Conservation & Development as amended, effective March 15, 2008. PASSED UNANIMOUSLY.

Commission thanked Chairman Lentz for his extensive work regarding the Plan. Chairman Lentz thanked Commission members for their input and assistance in helping the process to move along smoothly.

Chairman Lentz will prepare the final copy of the Town Plan and submit it to the Town Clerk and KillingworthToday.com within 30 days.

6. Zoning Enforcement Officer's Report - none.

7. New Business - none.

8. Report of Officer's and Subcommittees
(a) Updates of Town Plan of Conservation & Development - discussed earlier in the meeting.

(b) Letter from Jacobson & Associates to Planning & Zoning Commission regarding recommendation for a $35,000 Performance Bond for Sherwood Forest Subdivision will be tabled until the next meeting after C. Jefferson has reviewed it.

9. Adjournment
There being no further business, the meeting adjourned at 9:01 PM.

Regular Meeting No. 928

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 7:00 PM.

2. Approval of Minutes
Motion by Stull, second by Adametz, to approve January 15, 2008 Minutes amended as follows -
Page 2, under (b), add sentence after 7th sentence, "The Commission felt the number of horses should be based on net buildable area."
PASSED UNANIMOUSLY.

3. Visitors
(a) Mike Reznik
Michael Reznik was present to discuss compliance with Lots 24 and 23 of Wolf Hollow Estates. Approvals had previously been received from the Zoning Board of Appeals for a variance and from Planning & Zoning for a lot line change. Mr. Reznik explained the Bank wants a title search and appraisal done in order to get a release of mortgage. There is a question as to who is going to pay for the appraisal. Mr. Reznik noted he was willing to give the property in the front and not take the property in the back and asked if the Commission would approve a lot line change for just the driveway and a 5 foot buffer not doing the property in the back. It was also noted no agreement has been reached yet with the neighbor, Mr. Schneider.

Attorney Ed Cassella introduced himself as Mr. Schneider's representative. Mr. Cassella noted in order to do a land swap they need to get a release of mortgage from a Florida Bank. He noted his clients haven't agreed to accept the deal yet so there are some open questions that should be resolved before any additional action on the part of this Commission. Mr. Reznik noted he was the one that created this problem by moving the driveway, but he was willing to resolve the issue. Chairman Lentz explained to Mr. Reznik the two parties must agree and resolve this issue before it comes back to this Commission. Mr. Annino noted the Commission would probably consider a solution of whatever brings the two lots into conformance, and that which both parties involved have agreed to. The Commission indicated it would also consider going back to the original plan that was approved with the exception that the portion of property that was going to Lot 23 would stay with Lot 24, and discuss the possibility upon sale of that property of donating that portion to the Town as Open Space.

(b) Eric Auer - Wettish Subcommittee
Eric Auer noted he was present representing the Wettish Subcommittee for the Park & Recreation Commission. He noted there should be a dialogue with Planning & Zoning before they actually go into their design phase for the recreation fields. Mr. Auer explained when the Wettish property was purchased there was an agreement to split it into 3 areas - 50% of the property was to be passive recreation, 25% was going to be active recreation and 25% was going to be a land bank which the Town could use any way it wanted to. The task for the Advisory Committee was to come up with an area for multi-use fields. He noted based on recent studies 3 to 5 fields are needed by the year 2010. The Committee started to design the northern portion of the property into fields based on soil types, water, parking and budget. The Committee doesn't want to proceed any further until it knows the desires of Planning & Zoning. Mr. Auer noted there was a 35 acre parcel allotted for active recreation and a 16 acre parcel which is temporarily restricted. He reviewed 3 different scenarios. Mr. Auer explained multi-purpose fields are relatively large and flat. The remainder of the property won't support that type of field. He pointed out the other areas that would support baseball fields and parking. Mr. Auer reviewed the existing stone walls noting they are all grade A except for one. He reviewed irrigation. Chairman Lentz noted he and a few members of this Commission attended the Park & Rec question and answer session on the Wettish property. He reviewed Pages 21 and 22 of the new Town Plan regarding farmland soils. He also gave Mr. Auer an earlier plan that he had modified showing the 3 fields pushed back a little with a strip across the front of the agricultural soils with parking in the back. Chairman Lentz noted it was difficult for the Commission to judge what is being proposed without engineering having been done. Mr. Auer explained there is an engineering budget and the Committee is just asking for some guidance before expending those funds. There was discussion regarding use of the Sheldon Park fields and the Middle School fields. Mr. Auer noted the Middle School fields are only available 15% of the time. Rob Artus, a member of the former field study committee, noted the Committee never submitted a formal plan for fields. There was discussion regarding preserving prime agricultural soils, stone walls and natural features. Mr. Stull noted more than just ball fields are needed as there are children (and adults) in town that are interested in other things than just playing ball. He felt this was too narrow a focus. Dan Colonia, Chairman of Park & Recreation Commission, noted Park & Rec has a very broad range plan for ball fields and how to protect the natural beauty of Killingworth, copy of which he would supply the Commission. He also noted they have prepared a draft master plan for Park & Recreation which he submitted. Mr. Colonia urged Commission members to review these documents. Mr. Colonia noted the field study came up with a number of 8 fields (total) that would be needed. Clough Harbor in their study came up with a total number of 17 fields by 2014. Mr. Auer reiterated the number of children in town in recent years has doubled and there has been no new fields. Mr. Stull suggested paving a small portion of the parking area and putting a couple of basketball hoops at either end. Mr. Colonia noted that could be done. It was also noted Park & Rec has agreed there is a need for a playground. Mr. Auer noted the question came up at the earlier meeting about having tennis courts. He noted there are sufficient tennis courts at Region 17 that are not being utilized. Chairman Lentz suggested this matter be discussed further under Old Business.

Motion by Stull, second by Adametz, to add Executive Session to discuss pending litigation to the Agenda. PASSED UNANIMOUSLY.

David Kishel was present regarding the Surrey Ridge Subdivision. C. Jefferson explained Joseph Dillon, Town Engineer, took another look at the roadwork at the Surrey Ridge Subdivision as it had been determined it was only a portion of the road (50 feet) that did not have the top coat. Mr. Dillon arrived at a new Opinion of New Construction Costs in the amount of $3,754.64. C. Jefferson briefly reviewed the Town Engineer's letter as well as the legal opinion from Attorney William Howard. Mr. Kishel noted he was willing to give the Town $3,800 as an outright contribution towards the completion of the roadwork on Surrey Ridge. C. Jefferson noted test borings had been completed by the Town Engineer to verify the top coat had been put on the majority of the road. Mr. Stull asked how this effects the area of Roast Meat Hill Road that must be fixed. C. Jefferson stated that was a separate issue. Chairman Lentz read a portion of Mr. Kishel's letter dated January 24, 2008 into the record. There was a concern that the letter implied cash would be given to the Town and the Town would finish the road. C. Jefferson noted this could be done as a savings account bond and if the road is not completed by the developer, then the Town could take those funds and do it. Attorney Ed Cassella noted Lot 6 is currently waiting for a Certificate of Occupancy and he has been discussing this matter with Attorney Howard and Ms. Jefferson. It is his understanding once the bond is posted, the Certificate of Occupancy will be issued. He urged the Commission to agree to this solution. Chairman Lentz noted he felt this was a reasonable solution to accept a $3,800 bond to complete the road. Motion by Hayash, second by Stull, to accept a $3,800 cash bond for completion of Surrey Ridge Road top coat within six (6) months per letters from David Kishel dated January 24, 2008, Memorandum from Attorney William Howard dated February 1, 2008 and letter from Joseph M. Dillon, Nathan Jacobson & Associates dated January 22, 2008. Discussion followed. It was noted the Town Engineer had inspected the road as the top coat was being put down and there was no way for him to know the paver was going to run out of bituminous when he got to the end of the road. The problem arose when he never came back to finish it. PASSED UNANIMOUSLY.

4. Communications and Bills
(1) Letter from David W. Kishel, Braewood LLC to Planning & Zoning Commission dated January 24, 2008 Re Surrey Ridge, Roast Meat Hill Road.

(2) Memorandum from Attorney William Howard to Cathie Jefferson dated February 1, 2008 Re Surrey Ridge Bond.

(3) Letter from Joseph M. Dillon, Nathan L. Jacobson & Associates Inc. to Planning & Zoning Commission dated January 22, 2008 Re Surrey Ridge, Roast Meat Hill Road, Bond Estimate.

(4) Original letter from Regional Water Authority to Planning & Zoning Commission dated January 14, 2008 Re Amendment to Zoning Regulations, 80A.2 Special Principal Use.

(5) Board of Selectmen Notice of Vote and Minutes from January 14, 2008 Meeting.

(6) Board of Selectmen Notice of Vote from January 28, 2008 Meeting.

(7) Two invoices - one from Howard and McMillan $124.00 and one from Technique Printers $660.00.

(8) Affidavit of Publication and Legal Notice Publication for Notice of Decision from January 15, 2008 Meeting.

(9) Copy of letter from R. E. Leighton, Code Official, to Chris Lundberg dated January 26, 2008 Re 63 Iron Works Road, Notice of Violation and Unlawful Acts.

(10) Copy of letter from R. E. Leighton, Code Official, to Pamela C. Gersz (no date) Re 122 Pond Meadow Road, Notice of Possible Unsafe Structure.

(11) Copy of letter from R. E. Leighton, Code Official, to Robert Green Associates LLC dated January 26, 2008 Re Lot 27-B, Proposed Residence & Commercial Horse Boarding Facility, 1 Route 148, Comments.

(12) Copy of letter from Connecticut DOT to Robert C. Green dated February 4, 2008 Re Proposed Residence and Boarding Stable, Route 148, Killingworth.

(13) Certified Mail Receipt from All Ways Dumpsters.

(14) Copy of letter from Cathie S. Jefferson to John Petrucelli dated 2/5/08 Re Construction Vehicles.

(15) Letter from Mike Amato to Planning & Zoning Commission dated 2/5/08 Re request for extension on approvals for The Village East Project. Motion by Stull, seconded by Adametz, to add the following item to the Agenda, Extension Request for Special Exceptions #216 and #217, Amato. PASSED UNANIMOUSLY. Motion by Stull, seconded by Adametz, to give 1 year extension to extend approval to November 21, 2008 for Special Exceptions #216 and #217. Voting in favor - Lentz, Morgan, Stull, Adametz, Hayash. Opposed - Annino. Motion Carried.

(16) Copy of Park & Recreation Master Plan.

5. Old Business
(a) Wettish Fields
There was discussion regarding the agricultural soils, parking, irrigation and stone walls. The guidelines and recommendations from Planning & Zoning were to protect the agricultural soils to the maximum extent, preserve stone walls as much as possible, use the plateau as much as possible in the back, parking should be in the back in the center behind the restricted area and 4 fields are preferable. Mr. Annino briefly reviewed a couple of suggestions for the Park & Recreation Master Plan. Mr. Colonia noted the Commission is using this Master Plan for their guidelines. It was suggested this Master Plan be introduced at the public hearing for inclusion into the Town Plan of Conservation and Development.

6. Zoning Enforcement Officer's Report
(a) A site walk was scheduled (Saturday, 2/9/08, at 9:00 AM) for the new True Value Hardware Store to verify that the historical area was fenced in properly.

(b) C. Jefferson reviewed the issue of customary home occupation with property owners of the Killingworth Arts League. They have small gatherings and never have more than 10 people. C. Jefferson noted she explained to the homeowners they cannot advertise in the paper that it is open to the public, but can have appointments only for up to 8 people at a time. The property owners have applied for a customary home occupation.

7. New Business - none.

8. Report of Officer's and Subcommittees
There was a brief discussion regarding whether or not the Board of Selectmen have a 5 Year Capital Plan. Mr. Annino noted the Capital Plan should include a routine road maintenance program. C. Jefferson will ask First Selectman Cabral if the Town still has a 5 Year Capital Plan.

Chairman Lentz noted he attended a meeting regarding road abandonment for Jay Dowd Road. There is a Town Ordinance, April 28, 1964, listing all town roads and approving any road not shown on the list as being abandoned. Mr. Annino noted he has heard there has been some confusion in the past as to whether or not this Town Ordinance was legally adopted. Town Attorney, Michael Wells, was of the opinion this was a valid Ordinance and it was clear that any road not listed was abandoned. Chairman Lentz noted the bottom line with regard to Jay Dowd Road was that the road had already been abandoned according to this Ordinance.

Chairman Lentz reminded everyone the public hearing for the Town Plan of Conservation & Development is Tuesday, February 19, 2008, at 7:00 PM at the Fire House. The regular meeting will then be held back at the Town Office Building.

There was a brief discussion as to whether or not the Planning & Zoning Meeting Agendas should be posted on KillingworthToday.com. Chairman Lentz felt these were working business meetings and most people that come in were for the purpose of pending applications. The consensus was not to put it on the website. It was noted the agenda is posted in the Town Clerk's Office as required.

There was discussion regarding Section 130 of the Zoning Regulations covering landscape requirements. It was agreed in the future the Commission should be more sensitive to these landscape requirements. Parking was also briefly reviewed.

9. Executive Session
Motion by Stull, second by Adametz, to go into Executive Session for the purpose of discussing pending litigation at 9:15 PM. PASSED UNANIMOUSLY.

Motion by Stull, second by Adametz, to come out of Executive Session. PASSED UNANIMOUSLY. No action was taken during Executive Session.

10. Adjournment
There being no further business, the meeting was adjourned at 9:15 PM.