Regular Meeting No. 945

Present - T. Lentz C. Jefferson, ZEO
L. Annino, jr.
S. Morgan
J. Adametz
E. Hayash
P. Stull
D. Gross (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. 944 Held October 7, 2008
Motion by Stull, second by Adametz, to approve October 7, 2008 amended as follows –
Page 8, under 6., 5th paragraph, change to read, “P. Stull expressed some concern about the grading around the metal building at the Killingworth True Value location.”
PASSED UNANIMOUSLY.
3. Visitors
Roger Nemergut noted the Gargiulo Subdivision was approved at the last meeting. During that discussion one of the neighbors asked if the property line in the back could be straight. Mr. Nemergut reviewed a reconfiguration of the line which would involve .17 acres. He asked if there was a procedure for doing this before filing the subdivision map. Lou Annino, Jr. noted for the record he was recusing himself as he was a neighbor to this property and he was the one who asked that question. It was noted Mr. Nemergut will come to the next meeting with a revised map showing this change so the Commission can approve it.
4. Communications and Bills
(1) Letter from Susan Adinolfo, Charter Revision Commission Chairman, dated September 19, 2008 asking for input and suggestions for any changes the Planning & Zoning Commission would like to see in the Town Charter.

(2) Letter from Thomas Lentz, Planning & Zoning Chairman, to Susan Adinolfo, Charter Revision Commission Chairman, (no date) responding to above letter stating no changes be made in the Charter relative to this Commission.
(3) Letter from Center for Land Use Education and Research dated October 8, 2008 regarding two upcoming events, a statewide conference on November 1st and basic training course on November 15th.
(4) Original letter from Connecticut Water Company dated October 7, 2008 Re Replacement of Bridge #04716, Reservoir Road.
(5) Original letter from Jacobson & Associates dated October 7, 2008 Re Gargiulo Subdivision, Engineering Review.
(6) Copy of letter from Richard E. Leighton, Code Official, to Susan Gumbart and Thomas Stevens dated October 8, 2008 Re In Ground Pool Application, 143 Bar Gate Trail, Denial Due to Conflicting Information.
(7) Copy of letter from R. E. Leighton, Agent to the Health Director, to Connecticut Department of Public Health, dated October 11, 2008 Re Sanitary Survey Report, Fuel Tank Relocation.
(8) Letter from Elizabeth L. Cooney to Cathie Jefferson dated October 15, 2008 Re 5 Jay Dowd Road, Garage/Studio – Violation of Killingworth Zoning Regulations.
(9) Copy of Legal Notice for Notice of Special Town Meeting for October 27, 2008.
(10) Notice of Vote and Minutes from October 16, 2008 Board of Selectmen Meeting.
(11) Notice of Vote from Board of Selectmen Meeting October 14, 2008.
(12) Copy of State Regulatory Bulletin, Municipalities Able to Challenge AT&T Cable Boxes; AT&T Must Receive Consent from Property Owners.
(13) Letter from Connecticut Public Health Department to Planning & Zoning Commission dated October 17, 2008 Re Public Act 06-53 Request for Additional Information, Replacement of Reservoir Road Bridge #0476, Killingworth.
(14) Special Exception Application #247, Limmerick Farms LLC.
5. Old Business – none.
6. Zoning Enforcement Officer’s Report
C. Jefferson noted at the last meeting it was requested that she and Mr. Leighton go out to Running Brook Farms and check the location of the bins. She reviewed the old and new maps noting the only change was that the far block wall was extended to create more of a buffer. The material itself was not extended. Both Mr. Leighton and Ms. Jefferson visited the site and found no odor or manure. The material is organic compost. Ms. Jefferson noted the neighbor spoke to Mr. Leighton today who advised the material was all organic and would not affect her well. Ms. Jefferson was also asked to communicate with the neighbor as to the result of their visit. It was determined no further action was required at this time.
C. Jefferson noted she visited the Killingworth True Value site and found there was no top soil at that location in question. She will continue to monitor the grading. P. Stull reiterated this building must look like a barn (per the plans) and not an industrial warehouse.
C. Jefferson noted there is an outdoor woodburning stove at 93 Schnoor Road. Mr. Leighton will be taking a look at it.
7. New Business
(a) Special Exception #247 – Limmerick Farms LLC, 552 & 558 North Roast Meat Hill Road for boarding/riding stable
The applicant briefly reviewed this modified application (from the previous original submission that had been withdrawn). A public hearing was scheduled for December 2, 2008.
8. Report of Officer’s and Subcommittees
(a) Proposed Regulations – T. Lentz noted the public hearing for proposed regulations is scheduled for December 16, 2008.
T. Lentz noted there will be a Town Meeting on October 27th for the Demolition Delay Ordinance. The Board of Selectmen approved it at their last meeting. There was a brief discussion regarding the Demolition Delay Ordinance.
9. Adjournment
There being no further business, the meeting was adjourned.

Regular Meeting No. 944

Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino, Jr.
S. Morgan
J. Adametz
E. Hayash
P. Stull
P. McGuinness (seated for S. Morgan for approval of minutes only)
J. O’Brien (seated for L. Annino for Subdivision Application #311 only)

1. Call to Order
T. Lentz called the meeting to order at 7:00 PM.
2. Minutes of Regular Meeting No. 943 Held September 16, 2008
Motion by Stull, second by Annino, to approve September 16, 2008 Minutes amended as follows – Page 2, under 6., correct the spelling to “Midstate Regional Planning Agency.” PASSED UNANIMOUSLY (Lentz, Annino, Adametz, Hayash, Stull, McGuinness (seated for Morgan).
It is noted for the record Sue Morgan arrived at the start of discussion with Andrea Schull as a visitor.
3. Visitors
Andrea Schull noted she was present on behalf of the Killingworth Women’s Organization relative to a community sign to be placed on town property. There are no current regulations addressing this matter. She indicated they have met with the Land Use Commission and the Zoning Enforcement Officer. She was hoping to get some kind of direction from the Commission as to how to proceed. They would like a sign (sample distributed for review) that would have interchangeable letters for various community events. Various agencies in town would be able to contact a website to advise what events are taking place so the sign can be updated as needed. The Killingworth Women’s Organization will maintain the sign. The Historical Society and the Garden Club will be able to utilize the sign. Ms. Schull noted they went to Land Use to be sure this didn’t interfere with the Town Centre plan. The LUC made some suggestions as to where to put the sign. They put in a few survey flags between Recycle Way and the Killingworth Library to show the proposed location. Ms. Schull further noted they went before the Zoning Board of Appeals last year, but that application was withdrawn because there was no hardship. KWO was given a grant from Youth & Family Services to proceed with a community sign. The LUC suggested a V-shaped sign so it would be more visible. Chairman Lentz noted one can have a larger sign as part of a municipal use Special Exception. The Commission will have to decide whether this would be a Special Exception or a change to the regulations. Lentz indicated the municipal use sign is only 8 square feet so the proposed sign would be too big. The Commission has nothing against the sign. It’s just a matter of finding a way for it to conform to the regulations.
Michael & Terri Reilly, 208 Route 80, noted she had submitted a letter regarding odors from Running Brook Farm. Ms. Reilly noted they are unable to hang out clothes because of the terrible odor. They were originally allowed to have topsoil, mulch, gravel and wood chips on the site. This material has a terrible odor which is increasingly worse in the summer time. This has resulted in increased cost for dryer use and the inability to open the windows in nice weather. They have also incurred costs for testing their water for fertilizer and bacteria. The bin where this material is stored is about 75 feet from their well. They can’t have picnics or enjoy their deck or screened porch because of the smell. Ms. Reilly noted they are very concerned with the loss of property value. When this was discussed with the Zoning Enforcement Officer, she was advised the bins would be moving over the north side of Route 80. Ms. Reilly noted there was no discussion of that at the meeting she attended. The commercial bins were to stay where they were and just move the regular neighborhood bins to the north side. She invited the Commission members to walk through their property and investigate to see what this material is. Chairman Lentz suggested the Zoning Enforcement Officer take a look at it and that the Reillys contact the Sanitarian so see whether this could possibly be a health hazard. Mr. Reilly noted it is a little bit more than just a nasty smell. It got progressively worse over the summer and it’s keeping their family a prisoner in their own home. They just cannot live with that smell. Mr. Annino suggested looking at the past files to see exactly where we are supposed to be with these two properties at this point in time.
4. Communications and Bills
(1) Special Exception Application #245, Municipal Improvement, Reservoir Road Bridge Replacement
(2) Special Exception Application #246, Municipal Improvement, Wettish Athletic Fields
(3) Letter from Jacobson & Associates dated October 7, 2008 Re Gargiulo Subdivision, 306 Route 148, Engineering Review
(4) Letter from R. E. Leighton, Code Official, dated September 28, 2008 Re Gargiulo Subdivision, Fire Protection Review/Approval.

(5) Letter from R. E. Leighton, Code Official, dated September 28, 2008 Re Gargiulo Subdivision, Sanitarian’s Review, Favorable Comments/Conditions for Commission Consideration
(6) Letter from Connecticut Water Company dated October 7, 2008 Re Replacement of Bridge #04716, Reservoir Road
(7) Letter from Connecticut Water Company dated September 29, 2008 Re Replacement of Bridge #04716, Reservoir Road
(8) Letter from Cardinal Engineering Associates, Inc. to Connecticut Water Company dated October 6, 2008 Re Replacement of Bridge #04716, Reservoir Road
(9) Invoices approved for payment –
(a) Elizabeth Perreault for clerical services - $381.28
(b) Howard & McMillan for legal services - $271.55
(c) Howard & McMillan for legal services - $201.50
(d) Howard & McMillan for legal services - $1,348.50
(e) General Code for printing of regulations - $453.00
(10) Planning & Zoning Budget as of 10/01/08
(11) Copy of letter from R. E. Leighton, Code Official, to Edward J. Coppola dated September 27, 2008 Re Abatement Order Serious Health Hazard, 3 Blue Hills Road, Discharge onto Blue Hills Roadway
(12) Copy of letter from R. E. Leighton, Building Official, to J. W. Huber dated September 28, 2008 Re 25 Stevens Road, Modification Withdrawal/Obsolete-Incomplete Drawings
(13) Copy of letter from R. E. Leighton, Building Official, to Robert Garamella dated September 28, 2008, Re Existing Exterior Fireplace & Chimney, 435 Route 148, Recent On-Site Survey
(14) Copy of letter from R. E. Leighton, Code Official, to David Hudson/Tom Kores dated September 27, 2008 Re Proposed Barn/Garage, 291 N. Parker Hill, Denial of Application was Submitted
(15) Letter from Connecticut River Estuary Regional Planning Agency to Killingworth Planning & Zoning Commission and Killingworth Conservation Commission dated October 1, 2008 Re Regional Plan of Conservation & Development

(16) Letter from Mike and Terry Reilly to Thomas Lentz dated 10/1/08 Re Running Brook Farms
(17) Letter from concerned Parker Hill Road residents to the Selectmen of Killingworth Re Wettish property fields
(18) Letter from Cathie S. Jefferson to Elizabeth Cooney dated 10/7/08 Re Notice of Violation
(19) Letter from Cathie S. Jefferson to Scott Papoosha, Running Brook Farms, dated 9/25/08 Re Signs – Second Notice
(20) Inland Wetlands & Watercourses Commission Minutes from September 23, 2008
(21) Notice of Vote and Minutes from Board of Selectmen September 22, 2008
(22) Water Pollution Control Authority Minutes from September 3, 2008
(23) Letter from Connecticut Siting Council to Robinson & Cole LLP dated September 25, 2008 Re Verizon Wireless notice of intent to modify existing telecommunications facility at 197 Chestnut Hill Road
(24) Letter from Connecticut Office of Policy & Management dated September 26, 2008 Re Section 8-23 of Connecticut General Statutes regarding municipality’s responsibility to adopt a Plan of Conservation & Development at least once every ten years
(25) Letter from Robert Sojka, Southport Holdings dated September 16, 2008 Re Withdrawing Application for Outback Pub
(26) Original letter from Jacobson & Associates dated September 16, 2008 Re Heft Brook Estates, Heft Brook Lane, Road Acceptance
(27) Letter from Connecticut DOT to Roger Nemergut dated September 23, 2008 Re Proposed Residential Subdivision (Gargiulo), Approved Plans
(28) Letter from Nemergut Consulting dated August 27 and revised October 7, 2008 Re Gargiulo Subdivision, Waiver of Article IV Section 500-12 Lots and Article XXXIII Section 500-207 Waiver for Subdivisions
(29) Letter from Connecticut DEP to Connecticut DOT dated September 10, 2008 Re DOT Project #69-75 Replacement of Reservoir Road Bridge No. 04716 over Menunketesuck River
5. Old Business
(a) Special Exception #244 – The Outback Café, 184 Route 81, Map 33, Lot 8, addition to existing building for cooler
Chairman Lentz noted a letter of withdrawal had been received from Robert Sojka dated September 16, 2008 and noted above in Communications and Bills.
(b) Subdivision Application #311 – Subdivision of Land of Garguilo, 306 Route 148, Map 19, Lot 28
L. Annino noted for the record he was recusing himself from this application. J. O’Brien will be seated in his place.
Roger Nemergut, Project Engineer, represented the applicant. He noted this was a 4 lot subdivision on Route 148 consisting of 3 new lots and 1 existing house lot. He indicated he submitted a request for a waiver relating to Lot 1 asking to have the minimum lot rectangle go beyond the property line as it is about 2 to 3 feet over the proposed line. If this were granted, the existing stone wall could be used as the property line. Mr. Nemergut submitted a revised letter (updating the new regulation numbers) and requesting the requirement be waived to a 197 foot by 300 foot rectangle to allow for use of an existing stone wall as a lot line.
Chairman Lentz asked what revisions had been made since the last meeting. Mr. Nemergut explained there were minor revisions. He explained the configuration of Lot 1. He noted the revised plans (10/02/08) show the backwash area for water softener and the planting plan for rain gardens.
The letter from Jacobson & Associates dated October 7, 2008 was reviewed. Chairman Lentz asked if their comments were made part of the revisions. Mr. Nemergut replied he only just got a copy of that letter a couple hours ago.
Chairman Lentz reviewed the Connecticut DOT letter dated September 23, 2008 regarding the encroachment permit approval for Lot 3.
Chairman Lentz reviewed two letters from R. E. Leighton, Code Official, dated September 28, 2008 regarding fire protection review/approval to provide a 20,000 gallon underground fire protection storage tank, and the Sanitarian’s Review, Favorable Comments/Conditions for Commission Consideration.
Chairman Lentz reviewed the Inland Wetlands approval dated August 12th, letters from R. E. Leighton, Code Official, dated September 13th regarding fire protection review/approval, percolation calculations/locations and discharge of water treatment.
There was discussion about a portable diesel tank. Mr. Nemergut noted he asked Mr. Gargiulo to move it, but he could not confirm whether or not it had been moved.
Chairman Lentz noted the Commission did a site walk. It was nice land and very flat. They looked at the stone walls. Lentz felt the waiver should be granted in order to preserve the stone wall.

Motion by Stull, second by Morgan, to grant the waiver for the requirement of a 200 foot by 300 foot rectangle to be located within the proposed lot lines for lot 1 be waived to a 197 foot by 300 foot rectangle to allow for the use of an existing stone wall as a lot line. PASSED UNANIMOUSLY.
It was decided the portable diesel tank was a wetlands issue. Mr. Nemergut noted he would speak to the applicant about moving it.
There was a brief discussion regarding the 2.4 acre strip that was going to be conveyed to the Gargiulo’s house lot. Mr. Nemergut noted he did not know the reason for this request other than to just add more land to Mr. Gargiulo’s house lot. He drew the lot lines trying to keep them parallel with no specific reason in mind.
Motion by Stull, second by O’Brien, to approve the Gargiulo Subdivision #311 with the condition that comments in the Jacobson & Associates letter dated October 7, 2008 be performed. Discussion followed. O’Brien asked if there were plans to pin the lot corners. C. Jefferson noted they are only required to pin the frontage at this time. PASSED UNANIMOUSLY.
It is noted for the record Mr. Annino is once again seated and J. O’Brien will be a non-voting alternate for the balance of the meeting.
Motion by Stull, second by Hayash, to move the Zoning Enforcement Officer’s Report to the end of the meeting. PASSED UNANIMOUSLY.
7. New Business
(a) Special Exception #245 – Municipal Improvement – Reservoir Road Bridge Replacement
Ed Coppola, Chairman of the Reservoir Road Bridge Committee, introduced David Arzt, Structural Engineer in charge of the project from Cardinal Engineering. Mr. Arzt noted there were two minor changes recommended by The Water Company and reviewed them. He reviewed the box culverts to be installed as well as the approvals already received. It was noted they would reconstruct 300’ of roadway along the edge. Elevations were reviewed. Mr. Arzt reviewed the various stages of the project. Pictures of the bridge railing and stone work were distributed for review. Chairman Lentz briefly reviewed The Water Company letters dated September 29th and October 7th. Mr. Arzt noted construction would start next season and be done in November of next year. He indicated stipulations will be in the contract advising the contractor of the requirements of The Water Company, said stipulations are already included on the revised plan. T. Lentz referenced the Connecticut DEP letter dated September 10, 2008 advising that the flood management certification was approved.

Motion by Stull, second by Annino, to approve Special Exception #245 – Municipal Improvement – Reservoir Road Bridge Replacement be approved. PASSED UNANIMOUSLY.
(b) Special Exception #246 – Municipal Improvement – Wettish Athletic Fields (Map 17, Lot 14)
Eric Auer from the Advisory Committee was present to answer any questions after the presentation from Weston & Sampson. Copies of the storm water management report were distributed. Joseph Perugini and John Figurelli from Weston & Sampson were present. Mr. Perugini, Professional Engineer, gave a presentation of the project. He explained the minor changes to the original plan. The bus drop off area extended out 180 feet. One of the radius was also broadened to accommodate emergency vehicles. Mr. Perugini noted 20.7 acres of 144 were being developed for the purpose of 4 multi-purpose athletic fields. They are proposing 170 parking spaces, 6 of which are accessible. The two main driveways are designed for two way traffic. The entrances to the property will be bituminous concrete pads. Each entrance would have a steel gate with a locking facility for security. T. Lentz asked Mr. Perugini to review the stone walls. He pointed out the location for the stone walls noting there is a total of 505 feet of wall. A detail and photo of the wall was reviewed. The walls being removed would be stockpiled for construction of new walls. Mr. Perugini reviewed site drainage and storm water runoff. He highlighted and explained the water quality swale. Mr. Perugini noted there were some features located on the plan that were not part of this project - storage building, pump irrigation house and underground storage tanks. He reviewed the grading of the site. The existing drainage patterns are being maintained. E&S control plans have been submitted. The detention ponds will serve as temporary sediment basins during the construction process. The runoff from the site is actually being decreased. T. Lentz referenced a letter from Nick Bellantoni, State Archaeologist, indicating no archaeological sites in proximity. The Land Use Committee submitted a letter noting they reviewed the plan and it meets the town’s requirement and the use is appropriate and suitable for the site. The LUC recommended this application advance through the approval process as it is consistent with the Town’s Plan of Conservation & Development. T. Lentz referenced the Wetlands Commission approval. There are no sanitary facilities so the Sanitarian’s approval was not required. It was noted the horse fence located on the survey was from the next door property. Mr. Auer noted lacrosse, field hockey, football and soccer could be played on these fields. There was a brief discussion regarding adult sports programs. It was noted there is no proposed fencing or bleachers at this time. Mr. Stull noted he didn’t think there was enough in the plan, it was too bare bones. T. Lentz pointed out the Town is trying to keep the costs down and changes were already made. Mr. Auer noted their charge was to get the fields up and running. Phase 2 and 3 that would accommodate adult programs will come later.

Motion by Annino, second by Morgan, to approve Special Exception #246 for the proposed multi-field athletic fields at the Wettish property on Parker Hill Road Ext. PASSED UNANIMOUSLY with Stull abstaining.
There was a discussion regarding having a regulation for municipal signs. C. Jefferson noted it is included in the Special Principal Uses under Special Exceptions. It was agreed after much discussion that a sign located on town owned property could come in under the Special Exception for Municipal Improvement and would have to comply with the regulation of 8 square feet.
8. Report of Officers and Subcommittees
T. Lentz noted he presented the Delay of Demolition Ordinance to the Board of Selectmen. Motion by Stull, second by Morgan, that Planning & Zoning support the Delay of Demolition Ordinance presently before the Board of Selectmen for approval. PASSED UNANIMOUSLY.
T. Lentz distributed copies of the updated proposed regulations. A tentative date of December 16th was set for the public hearing.
T. Lentz asked members if they had any comments or concerns for the Charter Revision Committee. It was noted Planning & Zoning has no concerns and things are working well the way they are.
6. Zoning Enforcement Officer’s Report
C. Jefferson distributed the permit log report for the month.
C. Jefferson reviewed her letter to the property owner with the illegal accessory apartment. She noted the original approval in September of 2000 for a detached garage/studio had a condition that the studio “may not be used as a second dwelling unit.”
C. Jefferson noted there is a pre-trial hearing next Thursday for the Jazzercise litigation.
Motion by Annino, second by Stull, to go into Executive Session at 8:40 PM for the purpose of discussing pending litigation. PASSED UNANIMOUSLY. The Commission came out of Executive Session at 8:45 PM.
There was a brief discussion regarding the metal buildings at the new Killingworth True Value location. C. Jefferson will review the approved plans.
C. Jefferson will also review the situation at Running Brook Farms concerning the location of the storage bins.


9. Adjournment
There being no further business, the meeting adjourned at 8:55 PM