Regular Meeting No. 931

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. Minutes of Regular Meeting No. 930 Held March 4, 2008
Motion by Morgan, second by Adametz, to approve March 4, 2008 Minutes amended as follows -
 Page 2 - first paragraph, correct second sentence as follows, "Attorney Sipples noted there is also a proposal for shows and clinics, limited to 6 shows on Saturdays and/or Sundays only between 8 AM and 5 PM by registration only keeping the maximum number of trailers to 30 (limiting the number of horses per trailer to 4)."

 Page 2 - first paragraph, correct second to last sentence as follows, "Commission members expressed a concern regarding the lighting of the barn at night (translucent roofing materials) and the effect on residential neighbors noting this has been a problem in the past in other areas of town. "
PASSED UNANIMOUSLY.

3. Visitors
This item will be tabled until later in the meeting.

4. Communications and Bills
(1) Invoice from Connecticut Federation of Planning & Zoning Agencies in the amount of $90.00 for membership dues through March 31, 2009.

(2) Two invoices from Howard and McMillan dated 3/5/08 in the amounts of $1,043.49 and $139.50.

(3) Notice of Vote and Minutes from Board of Selectmen Meeting March 10, 2008.

(4) Administrative Minutes and Regular Monthly Meeting Minutes from Water Pollution Control Authority Meeting February 6, 2008.

(5) Minutes from Inland Wetlands & Watercourses Commission Meeting March 11, 2008.

(6) Copy of letter from Cathie S. Jefferson, Wetlands Enforcement Officer, to Jana Uzwiak dated 3/6/08 Re Activity in Wetlands.

(7) Letter from Dru Cahill to Richard Leighton (no date but received 3/11/08 by the Health Dept.) and approved by Mr. Leighton.

(8) Letter from Jacobson & Associates dated March 3, 2008 to the Planning & Zoning Commission Re Scotland Hardwoods, Blue Hills Road, Engineering Review.

(9) Copy of Lot Line Revision Map, Lots 23 & 24, Wolf Hollow Estates, Section IV, dated 11/13/07 and revised 3/18/2008.

(10) Special Exception Application #236, Limerick Farms, 558 North Roast Meat Hill Road.

5. Old Business
(a) Special Exception #235 - Boarding Stable, Druanne Cahill, 500 Roast Meat Hill Road - Chairman Lentz noted this application has been scheduled for public hearing on April 1, 2008.

(b) Site Plan Application for Timber Harvest - Scirpo Property, Blue Hills Road, Map 1,
Lot 18 - tabled for bond amount from Town Engineer
Chairman Lentz noted this application for timber harvest is located partly in Durham and partly in Killingworth. The proposal was to exit into the Town of Killingworth and there were concerns regarding the road. Chairman Lentz reviewed the letter from Jacobson & Associates dated March 3, 2008 regarding the estimate for erosion and sediment control measures associated with the proposed timber cutting site plan application. L. Annino asked how long it would take to do this amount of timber harvesting. C. Jefferson noted it depends on the weather, but probably about 3 weeks. Chairman Lentz noted there was a statement in the application indicating it would take about 4 to 6 weeks to be started early summer. Motion by Annino, second by Adametz, to approve Site Plan application for Timber Harvest of Scotland Hardwoods at Scirpo Property, Blue Hills Road, subject to a bond being posted in the amount of $4,200. PASSED UNANIMOUSLY.

6. Zoning Enforcement Officer's Report
C. Jefferson noted a letter was sent to 59 Route 80 regarding junk cars. No response was received so another letter will be sent.

C. Jefferson noted a letter was sent to 33 River Road regarding unpermitted activity in a wetlands. Ms. Jefferson will be visiting the site. The property owner says they are removing dead trees and stumps that had fallen down in the wetlands.

C. Jefferson noted a visit was made to Iron Works Road (Lundberg cottage) and another letter will be going out from the Code Official indicating it is not to be rented until it is fixed up.

Motion by Annino, second by Morgan, to move Visitors to after Zoning Enforcement Officer's Report. PASSED UNANIMOUSLY.

3. Visitors
Mike Reznik distributed copies of Lot Line Revision Map, Lots 23 & 24, Wolf Hollow Estates for the Commission's review. He indicated Lot 24 would be deeding 30,104 square feet to Lot 23 to make it legal (variance received from ZBA). Mr. Reznik noted it had previously been suggested a portion of the land be given to the Land Trust. Attorney Cassella was present representing the Schneiders. He confirmed everyone was in agreement it was a good idea to give the strip along the old abandoned Wolf Meadow Road to Open Space. He has reviewed this with the Land Trust and Town Attorney Michael Wells. This will be completed within the next couple of weeks. Chairman Lentz asked how the Commission would be assured this land would be given to the Land Trust. Attorney Cassella noted he could transmit a deed to either the ZEO or the Town Attorney to be held in escrow. L. Annino asked what the urgency was to have this done now versus waiting two weeks until the Land Trust meets to vote and accept the property. Mr. Reznik noted the urgency is that the driveway is encroaching on Lot 24 and he can't have a closing until this is approved by Planning & Zoning. Motion by Annino, second by Hayash, to approve Lot Line Revision Map, Lots 23 & 24, of Wolf Hollow Estates, Section IV, rededicating Open Space to the Killingworth Land Trust as opposed to Lot 24 in a former Lot Line Change approval, in accordance to Map dated 11/13/07, revised 3/18/08 depicting the land now going to the Land Trust instead of Lot 24; with a condition for Lot 23 that it be filed on the Land Records that a transfer of 13,000 square feet to the Killingworth Land Trust be completed by 9/01/2008. PASSED UNANIMOUSLY. There was a brief discussion regarding the filing of mylars.

7. New Business
(a) Special Exception #236 - Limerick Farms, 558 North Roast Meat Hill Road, Map 17, Lots 6 & 6D, Boarding and Riding Stable
Chairman Lentz noted a public hearing will not be scheduled until the required letters of approval have been received. This needs to be reviewed by the Town Engineer, Code Official and Wetlands Commission. There was discussion regarding the advertised Open House at this location prior to approval of an application. C. Jefferson pointed out there is a current Special Exception in place and this falls under that application. The property owner noted there is nothing new currently going on. Commission members pointed out it is important to have all the required documentation and town official approvals prior to holding the public hearing.

8. Report of Officer's and Subcommittees
C. Jefferson will investigate the outside cooler at the Outback mentioned at the last meeting.

There was a brief discussion regarding abandoned town roads. Chairman Lentz noted someone should really check to see what town roads have actually been abandoned.

9. Adjournment
There being no further business, the meeting adjourned at 7:41 PM

Regular Meeting No. 930

Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino
S. Morgan
J. Adametz
E. Hayash
P. Stull
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. Minutes of Regular Meeting No. 929 Held February 19, 2008
Motion by Stull, second by Annino, to approve February 19, 2008 Minutes amended as follows -
 Page 1, under 3(a), 4th sentence, add "State of Connecticut" in front of the word Commissioner.
PASSED UNANIMOUSLY.

3. Visitors
(a) Limerick Farms - Discussion - Roast Meat Hill Road
Attorney Peter Sipples was present representing the owner of Limerick Farms. He noted they had been before the Commission in January for a preliminary discussion regarding combining boarding horses with personal horses and a question of lot yield. At that time the Commission determined the combination of boarding and personal would be allowed and the yield would be 18 horses. Attorney Sipples noted they would like to do an informal presentation this evening to get the Commission's comments and advice. This is a 22 1/2 acres at 558 N. Roast Meat Hill Road and 552 N. Roast Meat Hill Road having
3 1/2 acres. They would be seeking to amend a previous Special Exception application granted in 1996 for 13 horses. Tom Stevens, Professional Land Surveyor and Engineer, briefly reviewed proposed changes. He indicated they propose a 65 x 120 foot barn over an existing tennis court and an addition to the existing hay barn. He reviewed parking for 30 horse trailers. All of what is being proposed is in excess of 100 feet of wetlands. He noted signage has been reviewed with the ZEO and will conform to regulations. The manure is put in a dumpster and removed from the property. There was discussion regarding driveways. Attorney Sipples noted back in 1996 when the Special Exception application was approved, a subdivision was also approved which included the driveways. Parking was reviewed in detail. It was noted a traffic engineer would do a traffic study and make recommendations for parking. Attorney Sipples noted there is also a proposal for shows and clinics, limited to 6 times a year on Sunday only between 8 AM and 5 PM by registration only keeping the maximum number of trailers to 30 (limiting the number of horses per trailer to 4). The property owner reviewed the proposal for horse shows and clinics which would be held primarily in the spring and fall. He also noted they plan to live on the property once renovations are completed. Commission members expressed a concern regarding the lighting of the barn at night and the effect on residential neighbors noting this has been a problem in the past in other areas of town. It was also noted the property owner should check with the Code Official regarding requirement of sanitation facilities.

Peg Scofield noted she would like information regarding sign requirements for the community gardens to be located on the Bosco property. Ms. Scofield explained what the community garden would consist of. Chairman Lentz noted a municipal improvement application will be necessary for the community garden. The sign could be included as part of this application.

4. Communications and Bills
(1) Invoice from Howard and McMillan in the amount of $1,131.50 Re Surrey Ridge Subdivision.

(2) Copy of current fiscal year budget.

(3) Affidavit of Publication and Legal Notice Publication for Notice of Decision for the Town Plan of Conservation & Development.

(4) Invoice from Technique Printers for printing of the Town Plan of Conservation & Development.

(5) Board of Selectmen Meeting Minutes from February 25, 2008.

(6) Special Exception Application #235 and waiver request from Druanne Cahill.

(7) Copies of letters from the Code Official to the following -
(a) William T. Silas, 129 Parker Hill Road - Notice to Abate Serious Health Violation, Failed Sub-Surface Sewage Disposal System.

(b) NE Properties Inc., 571 Route 148 - Notice to Abate Serious Health Violation, Discharge of Garbage and Other Organic Filth.

(c) Chris Lundberg, 63 Iron Works Road - Notice of Building Code Violations, Construction/Remodeling of accessory Structure Without Permits or Inspection.

(d) Chris Lundberg, 63 Iron Works Road - Notice to Abate Serious Health Violation, Allowing Septage to Discharge On to the Ground.

(e) Chris Lundberg, 65 Iron Works Road - Notice to Abate Serious Health Violation, Discharge of Garbage and Other Organic Filth.

(f) Chris Lundberg, 65 Iron Works Road - Notice of Building Code Violations, Dwelling No Longer Considered to be Habitable/Health Concerns.

(g) NE Properties, Inc., 571 Route 148 - Notice of Unsafe Structure, Nuisance Hazard/Abandoned/Uninhabitable.

(8) Copy of letter from Cathie S. Jefferson to Michael Grote, dated 2/28/08 Re Motor Vehicle Junk.

(9) Memos from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated February 22, 2008 Re Dru Cahill & Ken Huminski, Proposed Horse Boarding Activities, 500 N. Roast Meat Hill Road, Fire Protection Review/Approval and Sanitarian Review/Approval.

(10) Copy of letter from R. E. Leighton, Code Official, to Joseph Bergin dated February 22, 2008 Re Proposed Dwelling Plan, Lot 1, Cranberry Meadows, Code Clarifications Not Addressed.

(11) Application for Timber Cutting Site Plan Approval for Scotland Hardwoods LLC, c/o Rod Burgess, Location of Property - Blue Hills Road.

5. Old Business - none.

6. Zoning Enforcement Officer's Report
C. Jefferson reviewed the Lundberg matter noting there is a meeting next week with Mr. Lundberg's attorney. This is an on going issue.

C. Jefferson noted new FEMA regulation updates have been received and need to be incorporated into the Zoning Regulations.

C. Jefferson noted the bond reduction in the letter of credit previously received for Sherwood Forest should be acted upon.

With regard to a gas station proposal heard at the last meeting, C. Jefferson noted spoke to the potential applicant's engineer and he will be doing a feasibility study to see if the soil types and water table will allow for such a project. Chairman Lentz noted input should be received from the Code Official, engineer, soil scientist and inland wetlands commission.

Permit log for February was distributed.

7. New Business
(a) Special Exception #235 - Boarding Stable, Druanne Cahill, 500 Roast Meat Hill Road
Chairman Lentz noted this will be scheduled for public hearing on April 1, 2008.

(b) Site Plan Application for Timber Harvest - Scirpo Property, Blue Hills Road, Map 1,
Lot 18
Chairman Lentz noted this was 20 acres in Durham and 12 acres in Killingworth. C. Jefferson noted the landing area is just over the line in Durham but traffic will come out on Blue Hills Road and on Route 148 in Killingworth. Walter Adametz and Joseph Dillon looked at Blue Hills Road for drainage issues. Mr. Dillon (town engineer) was to come up with a bond amount but it has not been received yet. This was tabled until a bond amount is received from the town engineer. Mr. Annino noted he would like to know how the Town of Durham is handling this matter. C. Jefferson noted the Killingworth Town Engineer is requiring check dams because Durham is upstream from Killingworth.

(c) Lot Line Revision - Anthony and Fie Budzinsky, 234 Reservoir Road
Ed Coppola, Engineer, explained the Lot Line Revision highlighting it on the plan. He noted this was originally a 21 lot subdivision approved in 1974. The Budzinsky's purchased Lot 14 in 1974 and the adjacent lot in 1975. The reason for the lot line revision is the location of the extensive deer fencing on the first lot which came over on to the adjacent lot and they would like more room for the septic area on the adjacent lot. A Certificate of Review for the Lot Line Revision was received from the Code Official. Motion by Stull, second by Hayash, to approve Lot Line Revision for Anthony and Fie Budzinsky, 234 Reservoir Road as presented. PASSED UNANIMOUSLY.

(d) Scott Papoosha, Running Brook Farms - Amendment to Special Exception
Ed Coppola and Scott Papoosha were present. Mr. Coppola noted there was a slight modification of one of the buildings from the original approval. The Farm Stand and Heating Unit building were already built. There will be a porch off the building for selling of vegetables. Chairman Lentz noted the building was built without getting a modification approval from the Planning & Zoning Commission. Mr. Papoosha noted this was his mistake and apologized to the Commission. Chairman Lentz noted this could be either approved or denied and the property owner made to take it down. It was noted the State regulates the heating unit and periodically monitors it. Currently there is a problem with it and the manufacturer will be coming in next week to look at it. It was noted this does not change any parking. Motion by Stull, second by Annino, to amend site plan of Running Brook Farms for relocated farm stand and heating unit in accordance with site plan dated 3/20/07 and revised 2/29/08. PASSED UNANIMOUSLY.

8. Report of Officer's and Subcommittees
(a) Updates of Town Plan of Conservation & Development
Chairman Lentz noted the approved Town Plan of Conservation & Development is posted on the Killingworth Today website.

Motion by Stull, second by Adametz, to approve bond reduction for Sherwood Forest Subdivision for a Performance Bond in the amount of $35,000. PASSED UNANIMOUSLY.

There was a brief discussion regarding an outside cooler at the Outback and whether or not it should be inside. C. Jefferson noted she would look at it and see what was originally approved.

9. Adjournment
There being no further business, the meeting adjourned at 8:32 PM.