Regular Meeting No. 946
Present - T. Lentz, Chairman C. Jefferson, ZEO
S. Morgan
J. Adametz
P. Stull
E. Hayash
D. Gross (seated for S. Morgan for Minutes only, then non-voting alternate)
P. McGuinness (seated for L. Annino, Jr.)
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. 945 Held October 21, 2008
Motion by Stull, second by Adametz, to approve October 21, 2008 Minutes as written. PASSED UNANIMOUSLY.
3. Visitors
Pat Benjamin and Attorney Jane Marsh were present representing M&M Holdings. Mr. Benjamin reviewed the 2 lots at the Pharmedica site. He noted there was also a 3rd lot in the rear with wetlands in the corner. Benjamin noted M&M Holdings is interested in purchasing the Killingworth Inn property for a retail pharmacy. He reviewed the proposed 3 different concepts as well as sample photos of other pharmacies in Westbrook, Old Saybrook, Glastonbury, Southington and Deep River. Architectural style as well as interior of the building was reviewed. Chairman Lentz asked what the plans were for the Inn. Mr. Benjamin noted the owner has asked about the possibility of moving it across the street and they are researching that idea. Lentz pointed out the Inn is an historic building and there would need to be an archaeological and historic preservation plan. Chairman Lentz noted a pharmacy would be permitted as long as it conforms with the regulations and design criteria. Mr. Benjamin asked about the idea of a drive-thru. Lentz replied the Zoning Regulations do not allow for drive-thrus. The regulations would have to be changed to allow for one. Lentz suggested finding a way to incorporate the Inn into the plan as there will be tremendous opposition in Town. J. O'Brien asked about hours of operation as some pharmacies are open late at night. Benjamin noted the hours are actually determined by the town in which it is located. P. Stull noted most members preferred the old farmhouse type building. C. Jefferson asked if the development could be done as a cluster development with shared parking and removing the property lines. Benjamin replied yes but that idea is much more complicated, however, they are researching it and he will discuss it further with the prospective purchaser. Attorney Marsh and Mr. Benjamin thanked the Commission for their time noting they would go back to the prospective purchaser and discuss this some more.
(a) Michael Epright - Re - Ordinance for Signs at Municipal Athletic Fields
Mr. Epright noted he came before the Commission a year ago with a similar proposal, but they are more organized this time. He noted he is a Killingworth Youth League Board member, a community volunteer and coach and designates a lot of time to the children of this community. They are looking for ways to improve their services and money is always a consideration. Epright noted last year they proposed sponsor signage on the outfield fence, but ran into resistance because the sign regulations didn't address athletic fields. Chairman Lentz pointed out the sign regulations are done by zoning regulations, not Ordinance. He further explained if the regulations are to be changed, one must petition the Commission for a zone regulation change. Epright noted this could clearly be done by an Ordinance under statutory authority and the Park & Rec Commission is already in place that regulates those properties. He further noted that Town Attorney Mike Wells had said it was okay to do it with an Ordinance and that was referenced in the Board of Selectmen Minutes. The Board of Selectmen had requested input from the Planning & Zoning Commission. Chairman Lentz noted there are sign regulations for all districts and municipal signs are part of the Special Exception process. A ball field can be located in any of the zoning districts. He also pointed out there was no mention in the draft document of how many signs were being proposed. This cannot be open ended. Chairman Lentz noted this should be a zoning regulation. There would be no control if it was an Ordinance. Mr. Epright reiterated that Park & Rec has control over municipal property. There was much discussion about the size and number of signs, but no agreement was reached by either the Commission or Mr. Epright. Mr. Epright noted the Board of Selectmen would like Planning & Zoning's feedback on this matter. Chairman Lentz noted he would communicate with the Board of Selectmen to determine whether this should be a Zoning Regulation or a Town Ordinance. Mr. Gross noted establishing zoning regulations is for the benefit of all people in terms of aesthetics, etc. and to give Park & Rec full authority on signage is targeting one group and shirking the responsibility of this Commission to the entire town. The Planning & Zoning Commission is responsible to the entire township. Mr. Epright noted this would only apply to Little League, Soccer and Sporting Events happening in town and there is no current zoning regulation that deals with this type of thing. Lentz reiterated there must be limits. Mr. Stull noted this must be a zoning regulation and it must be limited to the outfield and side fences only, nothing on any buildings. The signs should also be temporary and removed after the season. Chairman Lentz thanked Mr. Epright and noted he would communicate with the Board of Selectmen.
4. Communications and Bills
(1) Certified Mail Receipts (green cards) from Regional Planning Agencies and Town Clerks having to do with proposed changes to the regulations.
(2) Copy of letter from Cardinal Engineering Associates, Inc. to Connecticut Department of Public Health dated October 23, 2008 Re Public Act 06-53 - Request for Additional Information - Replacement of Reservoir Road Bridge #0476.
(3) Letter from Inland Wetlands & Watercourses Commission to Planning & Zoning Commission dated November 5, 2008 Re M & K Milano Application for Wetlands Review, 6 Lot Conservation Subdivision, 65 Parker Hill Road Ext.
(4) Copy of Inland Wetlands & Watercourses Commission Minutes from October 14 and 28, 2008.
(5) Copy of Board of Selectmen Record of the Vote and Minutes from October 27, 2008.
(6) Copy of Board of Selectmen Record of the Vote from November 10, 2008 and Minutes from October 14, 2008.
(7) Three invoices from Howard and McMillan for legal services in the amounts of $93.00, $217.00 and $65.00.
(8) Letter from Sheridan & Franklyn Matthies (no date) to the Planning & Zoning Commission Re 552/558 N. Roast Meat Hill Road new application submitted by Limmerick Farm.
(9) Agenda from Clinton Planning & Zoning Commission for November 10, 2008.
(10) Letter from Connecticut Siting Council to The Honorable Richard James Cabral dated October 31, 2008 Re EM-CING-070-081030-New Cingular Wireless PCS, LLC notice of intent to modify an existing telecommunications facility located at Clinton Road (78 Route 81), Killingworth.
(11) Letter and brochure from Town of Deep River regarding Community Land Use Education.
(12) Copy of Planning & Zoning Budget as of October 31, 2008.
(13) Letter from First Selectman Cabral dated November 3, 2008 Re Operating and Capital Budget Requests for Fiscal Year 2009/2010; Long Range Planning.
(14) Copy of Water Pollution Control Authority Minutes from October 1, 2008.
(15) Letter from Inland Wetlands & Watercourses Commission dated October 28, 2008 Re Limmerick Farm LLC, Proposal to Replace Existing Paddock Fence with Removable Fence.
(16) Letter from R. E. Leighton, Building Official, to Gaetano Marino and Darrell Smith dated October 22, 2008 Re CRS #1170434, 164 Parker Hill Road, Recent Inspection.
(17) Letter from R. E. Leighton, Agent for the Health Director, to Yale Gordon dated October 27, 2008 Re Abatement Order, Repair Completion.
(18) Legal Notice Publication & Affidavit of Publication from meeting of October 7, 2008 for Municipal Improvements.
(19) Legal Notice Publication & Affidavit of Publication from meeting of October 7, 2008 for Gargiulo Subdivision.
(20) Memo from Town Clerk dated November 12, 2008 Re 2009 Meeting Schedule.
(21) Request from Board of Finance for Annual Report for Fiscal Year 2007/2008.
(22) Letter from Connecticut Department of Public Health to Planning & Zoning Commission dated October 27, 2008 Re Public Act 06-53 Request for Additional Information Killingworth Equestrian Center.
5. Old Business
(a) Special Exception #247 - Limmerick Farm LLC, 552 & 558 N. Roast Meat Hill Road for boarding/riding stable - public hearing scheduled for December 2, 2008
Chairman Lentz reminded everyone there is a public hearing for this application on Tuesday, December 2, 2008.
6. Zoning Enforcement Officer's Report
C. Jefferson noted Attorney Howard is still working on obtaining the easements for the Heft Subdivision. As-builts have been received.
C. Jefferson noted she received a copy of the DEP letter to the Reillys regarding the Outdoor Wood Burning furnace at Running Brook Farms. DEP has indicated the furnace is operating in compliance with the applicable State laws.
It was noted there is an event scheduled at the Durham Town Hall on December 18th regarding zoning regulations for the preservation of farm lands. Anyone interested should contact the Zoning Office for details.
C. Jefferson noted she has not heard anything from the owners of Outback Cafe since the last application was withdrawn.
7. New Business
(a) Gargiulo Subdivision, 306 Route 148 - request for modification of subdivision approval
Jason Nemergut explained the requested modification to revise the area of Lot No. 3 from 3.93 acres to 3.76 acres. The revised site plan dated 10/28/08 was reviewed. Motion by Hayash, second by Stull, to approve requested modification to subdivision approval relative to area of Lot No. 3. PASSED UNANIMOUSLY.
8. Report of Officers and Subcommittees
(a) Proposed Regulations - public hearing scheduled for December 16, 2008
Chairman Lentz reminded everyone a public hearing has been scheduled for December 16, 2008 for the proposed regulations. Copies of the proposed regulations have gone to the Regional Planning Agencies and Town Clerks of abutting towns.
9. Adjournment
There being no further business, the meeting was adjourned at 8:10 PM.
S. Morgan
J. Adametz
P. Stull
E. Hayash
D. Gross (seated for S. Morgan for Minutes only, then non-voting alternate)
P. McGuinness (seated for L. Annino, Jr.)
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. 945 Held October 21, 2008
Motion by Stull, second by Adametz, to approve October 21, 2008 Minutes as written. PASSED UNANIMOUSLY.
3. Visitors
Pat Benjamin and Attorney Jane Marsh were present representing M&M Holdings. Mr. Benjamin reviewed the 2 lots at the Pharmedica site. He noted there was also a 3rd lot in the rear with wetlands in the corner. Benjamin noted M&M Holdings is interested in purchasing the Killingworth Inn property for a retail pharmacy. He reviewed the proposed 3 different concepts as well as sample photos of other pharmacies in Westbrook, Old Saybrook, Glastonbury, Southington and Deep River. Architectural style as well as interior of the building was reviewed. Chairman Lentz asked what the plans were for the Inn. Mr. Benjamin noted the owner has asked about the possibility of moving it across the street and they are researching that idea. Lentz pointed out the Inn is an historic building and there would need to be an archaeological and historic preservation plan. Chairman Lentz noted a pharmacy would be permitted as long as it conforms with the regulations and design criteria. Mr. Benjamin asked about the idea of a drive-thru. Lentz replied the Zoning Regulations do not allow for drive-thrus. The regulations would have to be changed to allow for one. Lentz suggested finding a way to incorporate the Inn into the plan as there will be tremendous opposition in Town. J. O'Brien asked about hours of operation as some pharmacies are open late at night. Benjamin noted the hours are actually determined by the town in which it is located. P. Stull noted most members preferred the old farmhouse type building. C. Jefferson asked if the development could be done as a cluster development with shared parking and removing the property lines. Benjamin replied yes but that idea is much more complicated, however, they are researching it and he will discuss it further with the prospective purchaser. Attorney Marsh and Mr. Benjamin thanked the Commission for their time noting they would go back to the prospective purchaser and discuss this some more.
(a) Michael Epright - Re - Ordinance for Signs at Municipal Athletic Fields
Mr. Epright noted he came before the Commission a year ago with a similar proposal, but they are more organized this time. He noted he is a Killingworth Youth League Board member, a community volunteer and coach and designates a lot of time to the children of this community. They are looking for ways to improve their services and money is always a consideration. Epright noted last year they proposed sponsor signage on the outfield fence, but ran into resistance because the sign regulations didn't address athletic fields. Chairman Lentz pointed out the sign regulations are done by zoning regulations, not Ordinance. He further explained if the regulations are to be changed, one must petition the Commission for a zone regulation change. Epright noted this could clearly be done by an Ordinance under statutory authority and the Park & Rec Commission is already in place that regulates those properties. He further noted that Town Attorney Mike Wells had said it was okay to do it with an Ordinance and that was referenced in the Board of Selectmen Minutes. The Board of Selectmen had requested input from the Planning & Zoning Commission. Chairman Lentz noted there are sign regulations for all districts and municipal signs are part of the Special Exception process. A ball field can be located in any of the zoning districts. He also pointed out there was no mention in the draft document of how many signs were being proposed. This cannot be open ended. Chairman Lentz noted this should be a zoning regulation. There would be no control if it was an Ordinance. Mr. Epright reiterated that Park & Rec has control over municipal property. There was much discussion about the size and number of signs, but no agreement was reached by either the Commission or Mr. Epright. Mr. Epright noted the Board of Selectmen would like Planning & Zoning's feedback on this matter. Chairman Lentz noted he would communicate with the Board of Selectmen to determine whether this should be a Zoning Regulation or a Town Ordinance. Mr. Gross noted establishing zoning regulations is for the benefit of all people in terms of aesthetics, etc. and to give Park & Rec full authority on signage is targeting one group and shirking the responsibility of this Commission to the entire town. The Planning & Zoning Commission is responsible to the entire township. Mr. Epright noted this would only apply to Little League, Soccer and Sporting Events happening in town and there is no current zoning regulation that deals with this type of thing. Lentz reiterated there must be limits. Mr. Stull noted this must be a zoning regulation and it must be limited to the outfield and side fences only, nothing on any buildings. The signs should also be temporary and removed after the season. Chairman Lentz thanked Mr. Epright and noted he would communicate with the Board of Selectmen.
4. Communications and Bills
(1) Certified Mail Receipts (green cards) from Regional Planning Agencies and Town Clerks having to do with proposed changes to the regulations.
(2) Copy of letter from Cardinal Engineering Associates, Inc. to Connecticut Department of Public Health dated October 23, 2008 Re Public Act 06-53 - Request for Additional Information - Replacement of Reservoir Road Bridge #0476.
(3) Letter from Inland Wetlands & Watercourses Commission to Planning & Zoning Commission dated November 5, 2008 Re M & K Milano Application for Wetlands Review, 6 Lot Conservation Subdivision, 65 Parker Hill Road Ext.
(4) Copy of Inland Wetlands & Watercourses Commission Minutes from October 14 and 28, 2008.
(5) Copy of Board of Selectmen Record of the Vote and Minutes from October 27, 2008.
(6) Copy of Board of Selectmen Record of the Vote from November 10, 2008 and Minutes from October 14, 2008.
(7) Three invoices from Howard and McMillan for legal services in the amounts of $93.00, $217.00 and $65.00.
(8) Letter from Sheridan & Franklyn Matthies (no date) to the Planning & Zoning Commission Re 552/558 N. Roast Meat Hill Road new application submitted by Limmerick Farm.
(9) Agenda from Clinton Planning & Zoning Commission for November 10, 2008.
(10) Letter from Connecticut Siting Council to The Honorable Richard James Cabral dated October 31, 2008 Re EM-CING-070-081030-New Cingular Wireless PCS, LLC notice of intent to modify an existing telecommunications facility located at Clinton Road (78 Route 81), Killingworth.
(11) Letter and brochure from Town of Deep River regarding Community Land Use Education.
(12) Copy of Planning & Zoning Budget as of October 31, 2008.
(13) Letter from First Selectman Cabral dated November 3, 2008 Re Operating and Capital Budget Requests for Fiscal Year 2009/2010; Long Range Planning.
(14) Copy of Water Pollution Control Authority Minutes from October 1, 2008.
(15) Letter from Inland Wetlands & Watercourses Commission dated October 28, 2008 Re Limmerick Farm LLC, Proposal to Replace Existing Paddock Fence with Removable Fence.
(16) Letter from R. E. Leighton, Building Official, to Gaetano Marino and Darrell Smith dated October 22, 2008 Re CRS #1170434, 164 Parker Hill Road, Recent Inspection.
(17) Letter from R. E. Leighton, Agent for the Health Director, to Yale Gordon dated October 27, 2008 Re Abatement Order, Repair Completion.
(18) Legal Notice Publication & Affidavit of Publication from meeting of October 7, 2008 for Municipal Improvements.
(19) Legal Notice Publication & Affidavit of Publication from meeting of October 7, 2008 for Gargiulo Subdivision.
(20) Memo from Town Clerk dated November 12, 2008 Re 2009 Meeting Schedule.
(21) Request from Board of Finance for Annual Report for Fiscal Year 2007/2008.
(22) Letter from Connecticut Department of Public Health to Planning & Zoning Commission dated October 27, 2008 Re Public Act 06-53 Request for Additional Information Killingworth Equestrian Center.
5. Old Business
(a) Special Exception #247 - Limmerick Farm LLC, 552 & 558 N. Roast Meat Hill Road for boarding/riding stable - public hearing scheduled for December 2, 2008
Chairman Lentz reminded everyone there is a public hearing for this application on Tuesday, December 2, 2008.
6. Zoning Enforcement Officer's Report
C. Jefferson noted Attorney Howard is still working on obtaining the easements for the Heft Subdivision. As-builts have been received.
C. Jefferson noted she received a copy of the DEP letter to the Reillys regarding the Outdoor Wood Burning furnace at Running Brook Farms. DEP has indicated the furnace is operating in compliance with the applicable State laws.
It was noted there is an event scheduled at the Durham Town Hall on December 18th regarding zoning regulations for the preservation of farm lands. Anyone interested should contact the Zoning Office for details.
C. Jefferson noted she has not heard anything from the owners of Outback Cafe since the last application was withdrawn.
7. New Business
(a) Gargiulo Subdivision, 306 Route 148 - request for modification of subdivision approval
Jason Nemergut explained the requested modification to revise the area of Lot No. 3 from 3.93 acres to 3.76 acres. The revised site plan dated 10/28/08 was reviewed. Motion by Hayash, second by Stull, to approve requested modification to subdivision approval relative to area of Lot No. 3. PASSED UNANIMOUSLY.
8. Report of Officers and Subcommittees
(a) Proposed Regulations - public hearing scheduled for December 16, 2008
Chairman Lentz reminded everyone a public hearing has been scheduled for December 16, 2008 for the proposed regulations. Copies of the proposed regulations have gone to the Regional Planning Agencies and Town Clerks of abutting towns.
9. Adjournment
There being no further business, the meeting was adjourned at 8:10 PM.
