Regular Meeting No. 943
Members Present – T. Lentz, Chairman C. Jefferson, ZEO
L. Annino, Jr.
S. Morgan
J. Adametz
P. Stull
J. O’Brien (seated for E. Hayash)
P. McGuinness (non-voting alternate)
D. Gross (non-voting alternate)
1. Call to Order
T. Lentz called the meeting to order at 7:35 PM.
2. Minutes of Regular Meeting No. 942 Held September 2, 2008
Motion by Stull, second by Morgan, to approve September 2, 2008 Minutes as written. PASSED UNANIMOUSLY.
3. Visitors – none.
4. Communications and Bills
1. Invoice from Howard and McMillan for legal services in the amount of $161.55.
2. Original letter from Jacobson & Associates dated September 2, 2008 Re Heft Brook Estates, Heft Brook Lane, Punch List of Remaining Work.
3. Letter from Jacobson & Associates dated September 16, 2008 Re Heft Brook Estates, Heft Brook Lane, Road Acceptance.
4. Legal Notice Publication and Affidavit of Publication for The Dance Corner, Special Exception Application #243.
5. Affidavit of Publication for Adoption of Flood Regulations and Revisions to Zoning, Subdivision & Road Regulations consisting of renumbering and minor amendments as a result of the Codification Project.
6. Letter from Midstate egional Planning Agency dated September 3, 2008 Re Comprehensive Revision to Section 12 of the Special Flood Hazard Area Regulations.
7. Letter from Midstate Regional Planning Agency dated September 3, 2008 Re Renumbering and Minor Amendments to Zoning Text.
8. Letter from Dr. Winkur, Director of Health, and R. E. Leighton, Agent for Health Director, to Robert & Lori Horton (no date) Re Notice to Abate Serious Health Violation.
9. Letter from R. E. Leighton, Code Official, to Susan Flato dated September 7, 2008 Re Notice of Violation-Enclosure Required.
10. Letter from R. E. Leighton, Code Official and Agent for Health Director, to Attorney Michael Wells dated September 7, 2008 Re Request Initiation of Further Legal Proceedings (571 Route 148).
11. Notice of Vote and Minutes from Board of Selectmen Meeting September 8, 2008.
12. Notice from Town of Madison Land Use Office dated September 10, 2008 Re Regulation Amendment, Coastal Zone Regulations.
13. Letter from Richard E. Leighton, Code Official, to Robert & Catherine Chase dated September 13, 2008 Re Notice of Violation, Driveway Installation/Required Repairs.
14. Letter from Richard E. Leighton, Code Official, to Patricia Griswold and Robert Eustace dated September 7, 2008 Re Notice of Violation, Driveway Installation/Required Repairs.
15. Letter from Richard E. Leighton, Code Official, to Amy Blair dated September 13, 2008 Re Notice of Violation, Driveway Installation/Required Repairs.
16. Return of Certified Mail to Terry Bella, 31 Reservoir Road.
17. Letter from R. E. Leighton, Code Official, to Daryl & Veronica Smith dated September 7, 2008 Re Request for Contractor Information, Electrical Service/Repairs.
18. Letter from R. E. Leighton, Code Official, to Shoreline Electric dated September 15, 2008 Re Investigation of Electrical Work, 164 Parker Hill Road.
19. Letters from R. E. Leighton, Code Official, to Nemergut Consulting dated September 13, 2008 Re Eugene & Catherine Gargiulo Subdivision, Percolation Calculations/Locations and Discharge of Water Treatment.
20. Letter from R. E. Leighton, Code Official, to Planning & Zoning Commission dated September 13, 2008 Re Eugene & Catherine Gargiulo Subdivison, Fire Protection Review/Approval.
21. Letter from Connecticut DEP to Connecticut DOT dated September 10, 2008 Re Replacement of Reservoir Road Bridge No. 04716 over Menunketesuck River.
22. Instructions for linking to the Municipal E-Code on line.
5. Old Business
(a) Special Exception #244 – The Outback Café, 184 Route 81, Map 33, Lot 8, Addition to existing building for cooler – public hearing scheduled October 7, 2008
C. Jefferson noted she didn’t receive a letter of withdrawal yet. It was to be faxed today but has not been received. They are intending to withdraw the application and resubmit a more comprehensive application. C. Jefferson will follow up for receipt of documentation and if withdrawal is received, then it will not be published for hearing.
(b) Special Exception #245 – The Village Barber, Relocation to 206 Route 80, Map 28, Lot 3 – public hearing scheduled for October 7, 2008
C. Jefferson noted she has attempted to contact the owner of Village Barber but has not been successful. She visited the business location and found it closed with all the equipment is gone. The application was incomplete (not signed) and there was no application fee. The Commission deemed this application incomplete and no further action required.
6. Zoning Enforcement Officer Report
C. Jefferson reviewed the cost of the printing of the zoning, subdivision and road regulations. It was agreed to print 15 copies of each.
C. Jefferson noted letter received today from Joe Dillon, Town Engineer, authorizing the ability to have road acceptance for Heft Brook Lane with the posting of the maintenance bond. She noted she will hold this until all documentation (deeds and easements are still lacking) is in and then it can go through the road acceptance process. In the past Town Meetings have been scheduled before all the required paperwork has been submitted.
C. Jefferson noted the Blue Hills Road Timber Harvest is now finished. Both C. Jefferson and Walter Adametz have inspected the road site and agreed there is no damage. C. Jefferson suggested releasing the bond. Commission members agreed.
C. Jefferson noted she received a call from Pat Benjamin to come before P&Z for preliminary discussion of a Walgreen’s Pharmacy at the Killingworth Inn location. They will advise which meeting in October they would like to attend. There was a brief discussion regarding designs of other local Walgreen’s Pharmacies. The demolition permit process was reviewed.
Commission member asked if anything more was heard from the gentleman who wanted to do a convenience store south of Route 81. C. Jefferson noted she has not heard anything further.
7. New Business – none.
8. Report of Officer’s and Subcommitees
Instructions for obtaining the new codes on the internet were distributed. Chairman Lentz noted he heard from Attorney Howard regarding proposed regulations. Most of Attorney Howard’s recommendations had to do with typos and formatting. With regard to Wood Burning Furnaces, Attorney Howard pointed out that our regulation goes beyond the State’s requirements. Attorney Howard also commented on whether or not a developer could be compelled to make improvements to adjacent roads or intersections (of a subdivision). This issue is currently unresolved. Chairman Lentz will make necessary changes, including the numbering to conform to the new Code, for the next meeting.
5. Old Business
(c) Subdivision Application #311 – Subdivision of Land of Garguilo, 306 Route 148, Map 19, Lot 28
Lou Annino noted for the record he was recusing himself from this application as an adjacent property owner. D. Gross will be seated in the place of L. Annino.
Roger Nemergut represented the applicant. The plans were revised as of 9/11/08. Mr. Nemergut reviewed the subdivision site plan. He pointed out the existing former Maxwell house. This property was purchased by Gene Garguilo, a neighbor to the south. The property is about 16 acres. They are proposing 4 lots, 1 existing and 3 new lots. There is no subdivision road. He reviewed access for each of the lots. Lot 1 and Lot 4 would access off Pine Orchard Lane. Lot 2 has an existing driveway. Lot 3 would access off Route 148. They are proposing to take 2.4 acres and add it to the original Garguilo property making the total subdivision acreage 13.5 acres. Mr. Nemergut noted a waiver request was included relating Lot 1 and shrinking the rectangle to allow use of the stone wall for a property line. Lots have been configured to utilize the stone walls. It was noted this property was not part of any other subdivision and this is not a resubdivision. There was a brief discussion about reconfiguring the lots, but Mr. Nemergut explained they were trying to use the stone walls. A site walk was scheduled for Tuesday, September 23, 2008, at 6:00 PM. There was a question as to whether or not this property has already been sold. Mr. Nemergut noted it was his understanding his client has a contract but it would not be sold until the subdivision was approved.
Motion by Stull, second by Adametz, to go into Executive Session for the purpose of discussing pending litigation. The Commission came out of Executive Session at 8:15 PM. No action was taken.
9. Adjournment
There being no further business, the meeting adjourned at 8:16 PM.
L. Annino, Jr.
S. Morgan
J. Adametz
P. Stull
J. O’Brien (seated for E. Hayash)
P. McGuinness (non-voting alternate)
D. Gross (non-voting alternate)
1. Call to Order
T. Lentz called the meeting to order at 7:35 PM.
2. Minutes of Regular Meeting No. 942 Held September 2, 2008
Motion by Stull, second by Morgan, to approve September 2, 2008 Minutes as written. PASSED UNANIMOUSLY.
3. Visitors – none.
4. Communications and Bills
1. Invoice from Howard and McMillan for legal services in the amount of $161.55.
2. Original letter from Jacobson & Associates dated September 2, 2008 Re Heft Brook Estates, Heft Brook Lane, Punch List of Remaining Work.
3. Letter from Jacobson & Associates dated September 16, 2008 Re Heft Brook Estates, Heft Brook Lane, Road Acceptance.
4. Legal Notice Publication and Affidavit of Publication for The Dance Corner, Special Exception Application #243.
5. Affidavit of Publication for Adoption of Flood Regulations and Revisions to Zoning, Subdivision & Road Regulations consisting of renumbering and minor amendments as a result of the Codification Project.
6. Letter from Midstate egional Planning Agency dated September 3, 2008 Re Comprehensive Revision to Section 12 of the Special Flood Hazard Area Regulations.
7. Letter from Midstate Regional Planning Agency dated September 3, 2008 Re Renumbering and Minor Amendments to Zoning Text.
8. Letter from Dr. Winkur, Director of Health, and R. E. Leighton, Agent for Health Director, to Robert & Lori Horton (no date) Re Notice to Abate Serious Health Violation.
9. Letter from R. E. Leighton, Code Official, to Susan Flato dated September 7, 2008 Re Notice of Violation-Enclosure Required.
10. Letter from R. E. Leighton, Code Official and Agent for Health Director, to Attorney Michael Wells dated September 7, 2008 Re Request Initiation of Further Legal Proceedings (571 Route 148).
11. Notice of Vote and Minutes from Board of Selectmen Meeting September 8, 2008.
12. Notice from Town of Madison Land Use Office dated September 10, 2008 Re Regulation Amendment, Coastal Zone Regulations.
13. Letter from Richard E. Leighton, Code Official, to Robert & Catherine Chase dated September 13, 2008 Re Notice of Violation, Driveway Installation/Required Repairs.
14. Letter from Richard E. Leighton, Code Official, to Patricia Griswold and Robert Eustace dated September 7, 2008 Re Notice of Violation, Driveway Installation/Required Repairs.
15. Letter from Richard E. Leighton, Code Official, to Amy Blair dated September 13, 2008 Re Notice of Violation, Driveway Installation/Required Repairs.
16. Return of Certified Mail to Terry Bella, 31 Reservoir Road.
17. Letter from R. E. Leighton, Code Official, to Daryl & Veronica Smith dated September 7, 2008 Re Request for Contractor Information, Electrical Service/Repairs.
18. Letter from R. E. Leighton, Code Official, to Shoreline Electric dated September 15, 2008 Re Investigation of Electrical Work, 164 Parker Hill Road.
19. Letters from R. E. Leighton, Code Official, to Nemergut Consulting dated September 13, 2008 Re Eugene & Catherine Gargiulo Subdivision, Percolation Calculations/Locations and Discharge of Water Treatment.
20. Letter from R. E. Leighton, Code Official, to Planning & Zoning Commission dated September 13, 2008 Re Eugene & Catherine Gargiulo Subdivison, Fire Protection Review/Approval.
21. Letter from Connecticut DEP to Connecticut DOT dated September 10, 2008 Re Replacement of Reservoir Road Bridge No. 04716 over Menunketesuck River.
22. Instructions for linking to the Municipal E-Code on line.
5. Old Business
(a) Special Exception #244 – The Outback Café, 184 Route 81, Map 33, Lot 8, Addition to existing building for cooler – public hearing scheduled October 7, 2008
C. Jefferson noted she didn’t receive a letter of withdrawal yet. It was to be faxed today but has not been received. They are intending to withdraw the application and resubmit a more comprehensive application. C. Jefferson will follow up for receipt of documentation and if withdrawal is received, then it will not be published for hearing.
(b) Special Exception #245 – The Village Barber, Relocation to 206 Route 80, Map 28, Lot 3 – public hearing scheduled for October 7, 2008
C. Jefferson noted she has attempted to contact the owner of Village Barber but has not been successful. She visited the business location and found it closed with all the equipment is gone. The application was incomplete (not signed) and there was no application fee. The Commission deemed this application incomplete and no further action required.
6. Zoning Enforcement Officer Report
C. Jefferson reviewed the cost of the printing of the zoning, subdivision and road regulations. It was agreed to print 15 copies of each.
C. Jefferson noted letter received today from Joe Dillon, Town Engineer, authorizing the ability to have road acceptance for Heft Brook Lane with the posting of the maintenance bond. She noted she will hold this until all documentation (deeds and easements are still lacking) is in and then it can go through the road acceptance process. In the past Town Meetings have been scheduled before all the required paperwork has been submitted.
C. Jefferson noted the Blue Hills Road Timber Harvest is now finished. Both C. Jefferson and Walter Adametz have inspected the road site and agreed there is no damage. C. Jefferson suggested releasing the bond. Commission members agreed.
C. Jefferson noted she received a call from Pat Benjamin to come before P&Z for preliminary discussion of a Walgreen’s Pharmacy at the Killingworth Inn location. They will advise which meeting in October they would like to attend. There was a brief discussion regarding designs of other local Walgreen’s Pharmacies. The demolition permit process was reviewed.
Commission member asked if anything more was heard from the gentleman who wanted to do a convenience store south of Route 81. C. Jefferson noted she has not heard anything further.
7. New Business – none.
8. Report of Officer’s and Subcommitees
Instructions for obtaining the new codes on the internet were distributed. Chairman Lentz noted he heard from Attorney Howard regarding proposed regulations. Most of Attorney Howard’s recommendations had to do with typos and formatting. With regard to Wood Burning Furnaces, Attorney Howard pointed out that our regulation goes beyond the State’s requirements. Attorney Howard also commented on whether or not a developer could be compelled to make improvements to adjacent roads or intersections (of a subdivision). This issue is currently unresolved. Chairman Lentz will make necessary changes, including the numbering to conform to the new Code, for the next meeting.
5. Old Business
(c) Subdivision Application #311 – Subdivision of Land of Garguilo, 306 Route 148, Map 19, Lot 28
Lou Annino noted for the record he was recusing himself from this application as an adjacent property owner. D. Gross will be seated in the place of L. Annino.
Roger Nemergut represented the applicant. The plans were revised as of 9/11/08. Mr. Nemergut reviewed the subdivision site plan. He pointed out the existing former Maxwell house. This property was purchased by Gene Garguilo, a neighbor to the south. The property is about 16 acres. They are proposing 4 lots, 1 existing and 3 new lots. There is no subdivision road. He reviewed access for each of the lots. Lot 1 and Lot 4 would access off Pine Orchard Lane. Lot 2 has an existing driveway. Lot 3 would access off Route 148. They are proposing to take 2.4 acres and add it to the original Garguilo property making the total subdivision acreage 13.5 acres. Mr. Nemergut noted a waiver request was included relating Lot 1 and shrinking the rectangle to allow use of the stone wall for a property line. Lots have been configured to utilize the stone walls. It was noted this property was not part of any other subdivision and this is not a resubdivision. There was a brief discussion about reconfiguring the lots, but Mr. Nemergut explained they were trying to use the stone walls. A site walk was scheduled for Tuesday, September 23, 2008, at 6:00 PM. There was a question as to whether or not this property has already been sold. Mr. Nemergut noted it was his understanding his client has a contract but it would not be sold until the subdivision was approved.
Motion by Stull, second by Adametz, to go into Executive Session for the purpose of discussing pending litigation. The Commission came out of Executive Session at 8:15 PM. No action was taken.
9. Adjournment
There being no further business, the meeting adjourned at 8:16 PM.
