Regular Meeting No. 939
Present: T. Lentz, Chairman C. Jefferson, ZEO
L. Annino J. Brown, Recording Secretary
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 7:02 PM.
2. Minutes of Regular Meeting No. 938 Held July 1, 2008
Motion by Stull, second by Morgan, to approve July 1, 2008 Minutes as written. PASSED UNANIMOUSLY.
3. Visitors
Scott Papoosha from Running Brook Farms was present. He noted he received Ms. Jefferson's letters relative to cleaning up the dirt piles with a deadline of September 1st. Mr. Papoosha indicated he wants to get things cleaned up as soon as possible, but with the economy and the price of diesel fuel, it is going a little slower than he anticipated. He stated he would be very appreciative if the Commission could give him additional time to complete this task. Chairman Lentz asked what the piles were being used for. Mr. Papoosha explained that was the topsoil removed from the site and piled up last fall. He noted once the topsoil is gone, the wood chips and mulch will be spread. Chairman Lentz asked if everything was from the site. Mr. Papoosha replied yes, except for the wood chips and mulch. Chairman Lentz noted it appears to the Commission that the processing and selling of topsoil is occurring and that is not part of the approved permit. Mr. Papoosha noted they are selling the topsoil because they are trying to get rid of it. He again noted it would be greatly appreciated if he could have until the end of the fall to get rid of the topsoil, construct the bins and get the site graded. Chairman Lentz noted the Commission has tried to cooperate with Running Brook and sort of expects cooperation in return and doesn't expect things to be done that are not under the approval of the permit. Chairman Lentz reiterated the processing of topsoil and materials is not part of the approved permit. The Commission went through this once before on the other site. He asked Mr. Papoosha if this was a repeat of that occurrence. Mr. Papoosha replied no, it is also to his benefit to get the site cleaned up and look nice. Chairman Lentz asked Mr. Papoosha how much time would be required. Mr. Papoosha asked for an extension until December, but noted he hoped it would be done before then. He noted houses aren't being built and people aren't putting in lawns right now. He stated he was confident he could get this done by December. By December, enough of the topsoil should be gone so it could fit into the bins. Chairman Lentz asked Commission members if they were willing to extend the deadline until December. Mr. Annino asked if the screener could be removed. Mr. Papoosha replied yes, that is already gone. Mr. Annino also made it clear to Mr. Papoosha that he was not permitted to do any screening of materials on site. Mr. Papoosha replied that he understood that. He added that he wants to put up his building and be done with it. The Commission agreed to give an extension until December 1st and C. Jefferson will monitor the situation.
4. Communications and Bills
(1) Water Pollution Control Authority Minutes from June 4, 2008 and July 2, 2008.
(2) Letter from Chester Planning & Zoning Commission dated July 2, 2008 Re Amendment to Zoning Regulations, Section 100 – Flood Plain Regulations.
(3) Letter from Cathie S. Jefferson to Scott Papoosha, Running Brook Farms, dated 7/8/08, Re: Signs and Stockpiling.
(4) Copy of Statement from Connecticut River Coastal Conservation District, Inc. in the amount of $1,661.00 for allocation of services for fiscal year 2008-2009. Chairman Lentz noted the Commission supports this allocation. C. Jefferson noted this has already been included in the fiscal year 2008-2009 budget.
(5) Inland Wetlands & Watercourses Commission Minutes from July 8, 2008.
(6) Certified Mail Receipt Cards from CRERPA and Deep River Town Clerk relative to Special Exception Application #242 extending the industrial zone, public hearing scheduled for August 5, 2008.
5. Old Business
(a) Special Exception Application #242, Lester Bragdon (owner) and Terri Brasile & Michael A. Okoniewski (applicants) - extending industrial zone to include lot #36C (assessor's map 34). Public hearing set for August 5, 2008
Chairman Lentz noted this public hearing has been scheduled for August 5, 2008.
(b) Amendment to Zoning Regulations – Floodplain Regulations – Public hearing set for August 19, 2008
Chairman Lentz noted this public hearing has been scheduled for August 19, 2008.
(c) Codification Project – Chairman Lentz noted it has been determined a public hearing is required for the Codification Project and Planning & Zoning must accept the minor changes and renumbering in the Zoning, Subdivision and Road Regulations. This hearing has also been scheduled for August 19, 2008.
6. Zoning Enforcement Officer's Report
C. Jefferson noted she spoke to Joe Dillon (Town Engineer) relative to requiring a bond for timber harvest applications as discussed at the last meeting. This would mean the harvester would have to come in when the project is completed and request the release of the bond at which time town officials can review the site and be sure everything is okay. Mr. Dillon thought $1500 per landing site was a reasonable bond amount.
C. Jefferson noted the flood maps came in and will be given to the Town Clerk along with a copy of the proposed floodplain regulations and the notice of public hearing.
C. Jefferson noted in furtherance of the discussion relative to wood stove furnaces, the gasification system is the most preferred as it has the least amount of pollution. Perhaps this should be mentioned in the new regulations on outdoor wood-burning furnaces. The wood is burned at a very high temperature and the emissions are burned off. Chairman Lentz noted this will be discussed later in the meeting.
C. Jefferson reviewed an article in a recent CT Federation of Planning & Zoning Agencies Newsletter relative to affordable housing. The Court denied the lawsuit because the Town had said it was a piece of property that had always been identified as property it wanted to preserve as Open Space. The Court found that the issue of Open Space outweighed the issue of Affordable Housing.
Mr. Stull asked if the Commission had to act on the $1500 bonding for timber harvest landing sites. C. Jefferson noted this would become the policy of the Commission and would be acted on with each individual application. A condition of approval for these types of applications would be to set a bond of $1500 for each landing site proposed.
7. New Business
(a) Timber Cutting Site Plan Application – Connwood Foresters, Agent for CT Water Company – Kelseytown Road
C. Jefferson noted everyone has looked at the site which has two landing sites on Kelseytown Road. The Town Engineer, Joe Dillon, recommends asking for a $3000 bond ($1,500 for each landing site). Mr. Annino asked how big the parcel was and how many acres were involved. Chairman Lentz noted the application states the parcel has 500 + acres and 72 acres will be harvested. C. Jefferson noted the Wetlands Commission has already given their approval. Motion by Annino, second by Hayash, to approve the Timber Cutting Site Plan for Connwood Foresters, Agent for CT Water Company for property on Kelseytown Road, Tax Map 38, Lot 4, with the condition that a $3000 bond be posted. PASSED UNANIMOUSLY.
8. Report of Officers and Subcommittees
Chairman Lentz reviewed the proposed changes made to the Zoning Regulations and Subdivision Regulations. Some minor deletions, additions and corrections were proposed. There was discussion regarding the Retirement Housing Subdivision. Items specifically reviewed were the definition of bedroom, the Qualifying Standard for Minimum Parcel Size and Contiguous Soils and Frontage, Accessory Uses and Buildings (specifically Off Street Parking for Recreational Vehicles – which was left in – and the addition of Visitor Parking Area). The age was changed from 18 to 21. New sections added were Maximum Number of Lots on a Private Road, Waiver of Lot Requirements of Road Length, Landscaping and Neighborhood Character.
Chairman Lentz reviewed the proposed Zoning and Subdivision Regulations for Trees. He noted these regulations were based largely on the NEMO information. It is formatted the same as the historical, archaeological and erosion control regulations. This would be a Special Exception and Subdivision process in order to protect Specimen Trees and Significant Trees. A plan would be required identifying the trees with the idea being to minimize the cutting of trees. Mr. Annino noted timber harvesting is a permitted use by right. There was a brief discussion as to whether this should be made part of the timber harvesting regulations as well. C. Jefferson noted 75 to 80 percent of timber harvesting is on undeveloped, preserved land and not subdivisions.
Chairman Lentz will make the suggested changes as reviewed this evening and put together a package for approval to start the public hearing process.
Motion by Stull, second by Adametz, to go into Executive Session at 8:20 PM for the purpose of discussing pending litigation. Commission members Lentz, Morgan, Stull, Adametz, Hayash, Gross, McGuinnness were present as well as Zoning Enforcement Officer Cathie Jefferson and Recording Secretary Judith Brown. PASSED UNANIMOUSLY. The Commission came out of Executive Session at 8:25 PM.
9. Adjournment
There being no further business, the meeting adjourned at 8:26 PM.
L. Annino J. Brown, Recording Secretary
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 7:02 PM.
2. Minutes of Regular Meeting No. 938 Held July 1, 2008
Motion by Stull, second by Morgan, to approve July 1, 2008 Minutes as written. PASSED UNANIMOUSLY.
3. Visitors
Scott Papoosha from Running Brook Farms was present. He noted he received Ms. Jefferson's letters relative to cleaning up the dirt piles with a deadline of September 1st. Mr. Papoosha indicated he wants to get things cleaned up as soon as possible, but with the economy and the price of diesel fuel, it is going a little slower than he anticipated. He stated he would be very appreciative if the Commission could give him additional time to complete this task. Chairman Lentz asked what the piles were being used for. Mr. Papoosha explained that was the topsoil removed from the site and piled up last fall. He noted once the topsoil is gone, the wood chips and mulch will be spread. Chairman Lentz asked if everything was from the site. Mr. Papoosha replied yes, except for the wood chips and mulch. Chairman Lentz noted it appears to the Commission that the processing and selling of topsoil is occurring and that is not part of the approved permit. Mr. Papoosha noted they are selling the topsoil because they are trying to get rid of it. He again noted it would be greatly appreciated if he could have until the end of the fall to get rid of the topsoil, construct the bins and get the site graded. Chairman Lentz noted the Commission has tried to cooperate with Running Brook and sort of expects cooperation in return and doesn't expect things to be done that are not under the approval of the permit. Chairman Lentz reiterated the processing of topsoil and materials is not part of the approved permit. The Commission went through this once before on the other site. He asked Mr. Papoosha if this was a repeat of that occurrence. Mr. Papoosha replied no, it is also to his benefit to get the site cleaned up and look nice. Chairman Lentz asked Mr. Papoosha how much time would be required. Mr. Papoosha asked for an extension until December, but noted he hoped it would be done before then. He noted houses aren't being built and people aren't putting in lawns right now. He stated he was confident he could get this done by December. By December, enough of the topsoil should be gone so it could fit into the bins. Chairman Lentz asked Commission members if they were willing to extend the deadline until December. Mr. Annino asked if the screener could be removed. Mr. Papoosha replied yes, that is already gone. Mr. Annino also made it clear to Mr. Papoosha that he was not permitted to do any screening of materials on site. Mr. Papoosha replied that he understood that. He added that he wants to put up his building and be done with it. The Commission agreed to give an extension until December 1st and C. Jefferson will monitor the situation.
4. Communications and Bills
(1) Water Pollution Control Authority Minutes from June 4, 2008 and July 2, 2008.
(2) Letter from Chester Planning & Zoning Commission dated July 2, 2008 Re Amendment to Zoning Regulations, Section 100 – Flood Plain Regulations.
(3) Letter from Cathie S. Jefferson to Scott Papoosha, Running Brook Farms, dated 7/8/08, Re: Signs and Stockpiling.
(4) Copy of Statement from Connecticut River Coastal Conservation District, Inc. in the amount of $1,661.00 for allocation of services for fiscal year 2008-2009. Chairman Lentz noted the Commission supports this allocation. C. Jefferson noted this has already been included in the fiscal year 2008-2009 budget.
(5) Inland Wetlands & Watercourses Commission Minutes from July 8, 2008.
(6) Certified Mail Receipt Cards from CRERPA and Deep River Town Clerk relative to Special Exception Application #242 extending the industrial zone, public hearing scheduled for August 5, 2008.
5. Old Business
(a) Special Exception Application #242, Lester Bragdon (owner) and Terri Brasile & Michael A. Okoniewski (applicants) - extending industrial zone to include lot #36C (assessor's map 34). Public hearing set for August 5, 2008
Chairman Lentz noted this public hearing has been scheduled for August 5, 2008.
(b) Amendment to Zoning Regulations – Floodplain Regulations – Public hearing set for August 19, 2008
Chairman Lentz noted this public hearing has been scheduled for August 19, 2008.
(c) Codification Project – Chairman Lentz noted it has been determined a public hearing is required for the Codification Project and Planning & Zoning must accept the minor changes and renumbering in the Zoning, Subdivision and Road Regulations. This hearing has also been scheduled for August 19, 2008.
6. Zoning Enforcement Officer's Report
C. Jefferson noted she spoke to Joe Dillon (Town Engineer) relative to requiring a bond for timber harvest applications as discussed at the last meeting. This would mean the harvester would have to come in when the project is completed and request the release of the bond at which time town officials can review the site and be sure everything is okay. Mr. Dillon thought $1500 per landing site was a reasonable bond amount.
C. Jefferson noted the flood maps came in and will be given to the Town Clerk along with a copy of the proposed floodplain regulations and the notice of public hearing.
C. Jefferson noted in furtherance of the discussion relative to wood stove furnaces, the gasification system is the most preferred as it has the least amount of pollution. Perhaps this should be mentioned in the new regulations on outdoor wood-burning furnaces. The wood is burned at a very high temperature and the emissions are burned off. Chairman Lentz noted this will be discussed later in the meeting.
C. Jefferson reviewed an article in a recent CT Federation of Planning & Zoning Agencies Newsletter relative to affordable housing. The Court denied the lawsuit because the Town had said it was a piece of property that had always been identified as property it wanted to preserve as Open Space. The Court found that the issue of Open Space outweighed the issue of Affordable Housing.
Mr. Stull asked if the Commission had to act on the $1500 bonding for timber harvest landing sites. C. Jefferson noted this would become the policy of the Commission and would be acted on with each individual application. A condition of approval for these types of applications would be to set a bond of $1500 for each landing site proposed.
7. New Business
(a) Timber Cutting Site Plan Application – Connwood Foresters, Agent for CT Water Company – Kelseytown Road
C. Jefferson noted everyone has looked at the site which has two landing sites on Kelseytown Road. The Town Engineer, Joe Dillon, recommends asking for a $3000 bond ($1,500 for each landing site). Mr. Annino asked how big the parcel was and how many acres were involved. Chairman Lentz noted the application states the parcel has 500 + acres and 72 acres will be harvested. C. Jefferson noted the Wetlands Commission has already given their approval. Motion by Annino, second by Hayash, to approve the Timber Cutting Site Plan for Connwood Foresters, Agent for CT Water Company for property on Kelseytown Road, Tax Map 38, Lot 4, with the condition that a $3000 bond be posted. PASSED UNANIMOUSLY.
8. Report of Officers and Subcommittees
Chairman Lentz reviewed the proposed changes made to the Zoning Regulations and Subdivision Regulations. Some minor deletions, additions and corrections were proposed. There was discussion regarding the Retirement Housing Subdivision. Items specifically reviewed were the definition of bedroom, the Qualifying Standard for Minimum Parcel Size and Contiguous Soils and Frontage, Accessory Uses and Buildings (specifically Off Street Parking for Recreational Vehicles – which was left in – and the addition of Visitor Parking Area). The age was changed from 18 to 21. New sections added were Maximum Number of Lots on a Private Road, Waiver of Lot Requirements of Road Length, Landscaping and Neighborhood Character.
Chairman Lentz reviewed the proposed Zoning and Subdivision Regulations for Trees. He noted these regulations were based largely on the NEMO information. It is formatted the same as the historical, archaeological and erosion control regulations. This would be a Special Exception and Subdivision process in order to protect Specimen Trees and Significant Trees. A plan would be required identifying the trees with the idea being to minimize the cutting of trees. Mr. Annino noted timber harvesting is a permitted use by right. There was a brief discussion as to whether this should be made part of the timber harvesting regulations as well. C. Jefferson noted 75 to 80 percent of timber harvesting is on undeveloped, preserved land and not subdivisions.
Chairman Lentz will make the suggested changes as reviewed this evening and put together a package for approval to start the public hearing process.
Motion by Stull, second by Adametz, to go into Executive Session at 8:20 PM for the purpose of discussing pending litigation. Commission members Lentz, Morgan, Stull, Adametz, Hayash, Gross, McGuinnness were present as well as Zoning Enforcement Officer Cathie Jefferson and Recording Secretary Judith Brown. PASSED UNANIMOUSLY. The Commission came out of Executive Session at 8:25 PM.
9. Adjournment
There being no further business, the meeting adjourned at 8:26 PM.
