Regular Meeting No. 948
It is noted for the record a public hearing was held prior to the regular meeting for Proposed Revisions to the Killingworth Zoning and Subdivision Regulations.
Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino, Jr.
S. Morgan
E. Hayash
J. Adametz
P. Stull
P. McGuinness, Alternate
J. O’Brien, Alternate
1. Call to Order
T. Lentz called the regular meeting to order at 7:15 PM.
2. Minutes of Regular Meeting No. 947 Held December 2, 2008
Motion by Stull, second by Morgan, to approve December 2, 2008 Minutes as written. PASSED UNANIMOUSLY (Lentz, Annino, Morgan, Adametz, Hayash, Stull).
3. Visitors
Thomas Cost Sr. and Thomas Cost Jr. were present. They noted the Hardware Store project is progressing and they would like some guidance on possible changes to signage at the entrance to the property. The Costs noted they could have up to 4 tenants in the 3rd building and the current sign regulations do not allow for business signs at the street. The difference between a directory sign and business sign was discussed. The original Special Exception approval for signs was reviewed. Chairman Lentz noted the original approval is for a sign thirty (30) square feet in total with no one sign larger than twenty (20) square feet. The approved sign was stone faced veneer. Mr. Annino noted the Commission was dealing with hypotheticals at this point and was reluctant to change anything before actually seeing it. There was discussion with regard to number and size of signs. Chairman Lentz noted one needs a Special Exception for signs. It was decided the Costs should come in with a proposed signage design so members can review it before making any decision on changes.
There was discussion regarding the Hardware Store Building #2 foundation. It was noted there is 3 feet showing at the front. Mr. Annino noted there is more concrete exposed than what was envisioned. Mr. Cost Jr. noted the project is not completed yet. Mr. Cost Sr. noted the doors and the cupola have been ordered. Cost Sr. indicated he would talk to the construction manager and the builder to see what can be done with the exposed foundation. It was suggested perhaps a small stone wall could be used as a retaining wall in front of the building. Chairman Lentz noted it would be in the interest of the property owner to make the building look attractive. He also noted he has heard comments regarding this from other residents in town. Mr. Cost Jr. reiterated they will go back to the construction manager and come up with a resolution.
4. Communications and Bills
(1) Two invoices from Howard and McMillan for legal services in the amounts of $1,152.22 and $1,440.00.
(2) Original letter from Connecticut Water Company to Planning & Zoning Commission dated December 2, 2008 Re Commercial Boarding Stable, 552 & 558 North Roast Meat Hill Road.
(3) Original letter from Jacobson & Associates to Planning & Zoning Commission dated December 1, 2008 Re Killingworth Equestrian Center, 552/558 North Roast Meat Hill Road, Engineering Review.
(4) Original letter from R. E. Leighton, Code Official, to Planning & Zoning Commission, dated December 2, 2008 Re Limmerick Farm, LLC, 558 North Roast Meat Hill Road, Sanitation Review/Fire Protection Review.
(5) Letter from Connecticut River Coastal Conservation District, Inc. to Richard J. Cabral dated December 1, 2008 Re Fiscal Year 2010 Budget.
(6) Copy of Board of Selectmen Minutes from November 24, 2008.
(7) Copy of Board of Selectmen Notice of Vote and Minutes from December 8, 2008.
(8) Legal Notice Publications and Affidavit of Publication Re Proposed Revisions to Zoning and Subdivision Regulations.
(9) Letter from Cathie S. Jefferson to Robert Sojka dated 12/6/08 Re Continued Violation (Outback Café).
(10) Copy of Clinton Planning & Zoning Commission Agenda for December 8, 2008.
(11) Christmas Card from Nathan L. Jacobson & Associates.
(12) Letter from Cathie S. Jefferson to Elizabeth Cooney dated 12/16/08 Re Illegal Apartment.
(13) Certificate of Review for Lot Line Revision from R. E. Leighton, Code Official, for Scott & Helena Erskine, 169 Route 148.
(14) Letter from Connecticut River Estuary Regional Planning Agency to Planning & Zoning Commission dated December 8, 2008 Re Various Zoning and Subdivision Regulations.
(15) Letter from Clinton Town Planner to Planning & Zoning Commission dated December 9, 2008 Re Proposed Amendments to Town of Killingworth Zoning Regulations and Subdivision Regulations.
(16) Letter from Midstate Regional Planning Agency to Planning & Zoning Commission dated December 5, 2008 Re Zoning Text Amendments – Outdoor Wood-Burning Furnaces and New Section for Retirement Housing Subdivisions.
(17) Lot Line Change Application from Scott Erskine, 169 Route 148.
5. Old Business
(a) Special Exception #247 – Limmerick Farm LLC, 552 & 558 North Roast Meat Hill Road for boarding/riding stable
Chairman Lentz noted he reviewed the last meeting minutes where the members discussed a number of points relative to this application. The Commission can approve, deny or modify a special exception. He suggested approving the application with certain modifications as follows – approve the 18 horses for boarding with 12 additional horses being kept for private use (making a total of 30 horses on 11 net buildable acres which would be the maximum permitted, approve the barn and the hay barn including the parking and signs as presented in the application, approve lessons for adults and children, deny the holding of horse shows as horse shows are not addressed in the Town’s Zoning Regulations. There are no regulations for horse shows governing traffic, lighting, P.A. systems, sanitary facilities, food services, etc. Lentz noted he didn’t feel that horse shows were an accessory use to boarding stables because it is a more intense activity. Horse shows, if permitted, should be a principal use and not an accessory use. Lentz noted all Special Exceptions must be considered in relation to the standards which are listed in Section 500-155 of the Zoning Regulations. He felt horse shows would have an adverse effect on the enjoyment, usefulness and value of premises in the general neighborhood particularly relating to noise, odor and illumination (Standard A). The shows would also have an adverse effect on traffic (Standard B). Lentz indicated the applicant presented a traffic study that showed no major effect on traffic but it was not clear whether the day that study was done was really representative of traffic conditions. There was evidence presented by the neighbors that the road was narrow and winding and it would have difficulty accommodating horse trailers especially when two vehicles were trying to pass going in opposite directions.
Mr. Stull agreed with Chairman Lentz noting the shows were not a permitted use and not an accessory use. The regulations could possibly be changed to allow for this type of activity, but it is not currently permitted. Mr. Stull also noted there was concern about traffic patterns within the site.
Mr. O’Brien noted there was a comment during the public hearing by the engineer who reviewed the plans that the survey didn’t encompass an area wide enough to see runoff, etc. Chairman Lentz noted certain detailed information was not included on the perimeter but the Town Engineer reviewed the plans and he did not bring up any concerns.
C. Jefferson noted the size of the fire protection tank had been upgraded to 30,000 gallons and asked whether that should be a condition of approval. Chairman Lentz felt it wasn’t necessary as a condition as it was part of the Code Official’s approval and therefore already part of the application if approved.
Motion by Annino, second by Stull, to modify and approve the Limmerick Farm LLC application as follows –
1. APPROVE 18 horses for boarding with 12 additional horses kept for private use making a total of 30 horses on 11 net buildable acres.
2. APPROVE barn and hay barn including parking and signs as presented on the application.
3. APPROVE lessons for adults and children.
4. DENY the holding of horse shows.
PASSED UNANIMOUSLY (partially approved, partially denied as noted).
(b) Proposed Revisions to Killingworth Zoning and Subdivision Regulations
Chairman Lentz noted a public hearing was held prior to this meeting and there were no comments from the public. Lentz noted for the record the General Code company will have to renumber the sections to correspond with their numbering. This will have to be reviewed to determine how this will be handled in the future.
Lentz reviewed the letter from the Town of Clinton Town Planner regarding Section (J) Outdoor Wood-burning Furnaces subject to the following conditions in which it was stated the proposed standards were less stringent than those endorsed by the DEP. It was agreed to change Section 61A.1 General Principal Uses, (J) Outdoor Wood-burning Furnaces subject to the following conditions, as follows –
• Subsection h. Visible Emission Standard to read, “…may not exceed an average of twenty (20) percent opacity for more than 6 minutes or exceed 40% opacity for more than 1 minute.”
• Subsection f. to read, “The outdoor wood-burning furnace shall meet the provisions of Section 22a-174k of the Connecticut General Statutes and qualifies under the EPA’s Phase I voluntary program.”
Lentz reviewed the letter from the Connecticut River Estuary Regional Planning Agency relative to “over 55” development. The Chairman noted the whole Town of Killingworth is rural residential so the concern about these areas becoming more isolated can’t really be addressed. There was discussion regarding Standards and Requirements. It was decided to add the word “gross” to Section 64H.2 Maximum Lot Yield as follows “…in the subdivision shall not exceed the number of gross acreage comprising the subdivision divided by three (3).”
Section 64H.3c. was referenced.
Motion by Stull, second by Hayash, to approve the proposed revisions to the Killingworth Zoning Regulations and Killingworth Subdivision Regulations with the agreed upon minor modifications as discussed. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer’s Report
C. Jefferson noted the DEP has re-inspected Running Brook Farms and found everything to be okay. There are no violations of DEP standards with regard to either the wood-burning furnaces or the manure odor. Lou Santos from DEP said there may have been an odor from the manure pile when it was disturbed, but when he was present there was no nuisance odor. He recommended that if this continues to be an ongoing thing, then in the future maybe the composting bin could be moved to the other side of the street.
C. Jefferson noted all the Heft Brook Subdivision deeds and mylars have been submitted and turned over to the Board of Selectmen for scheduling a town meeting for acceptance of the road.
C. Jefferson noted she received a letter from Attorney Crosby on December 9th regarding Limmerick Farm, but it could not be discussed while deliberation was going on. He noted in his letter that a Cease & Desist Order should be issued because they were offering lessons to children. It is now a moot point as a vote was taken earlier in this meeting to approve those lessons.
C. Jefferson noted there were safety issues at the illegal apartment at 5 Jay Dowd Road. Mr. Leighton, Code Official, visited the apartment and instructed the owner what to do to make the property safe. Jefferson reiterated to the owner that even though the property can be made safe, it is still an illegal apartment and they must continue with the eviction.
7. New Business
(a) Lot Line Change – Scott & Helena Erskine, 165 & 169 Route 148
Scott Erskine briefly reviewed the proposed lot line change. It was determined a few years ago that the property line was not where they thought it was. The line actually ran through a portion of their driveway. Mr. Erskine noted they contacted the developer, Cornerstone Construction, who offered to pay for a new survey. It has taken some time but they now have an agreement to move the property line. The same amount of acreage will be exchanged at the back of the property. Motion by Annino, second by Stull, to approve the Lot Line Change for Scott & Helena Erskine, 165 & 169 Route 148 as presented on map dated March 7, 2005. PASSED UNANIMOUSLY.
(b) Connecticut River Coastal Conservation District Funding Request
Motion by Annino, second by Morgan, that the Planning & Zoning Commission recommends to the Board of Selectmen continued financial support of the Connecticut River Coastal Conservation District request for funding of $1,661 for the next fiscal year. PASSED UNANIMOUSLY.
8. Report of Officer’s and Subcommittees
Chairman Lentz noted he copied members with information regarding the Madison Zoning Regulations pertaining to a design board consisting of architects and landscape architects. The Town of Deep River is also considering something similar. This should be discussed at some point in the future. It was noted there could be a subcommittee made up of various individuals appointed to do these reviews. Lentz also noted the Town Charter gives the Commission the ability to hire personnel and perhaps there should be an architect to do these reviews. C. Jefferson pointed out such individual does not design, but evaluates what is presented to them.
There was a brief discussion regarding the Wettish property and the fact the funding for the stone walls has been left out and that work will be done at a later date.
9. Adjournment
There being no further business, the meeting adjourned.
It is noted the meeting was reconvened with the following members present – Lentz, Stull, O’Brien, Adametz, Hayash and McGuinness. Chairman Lentz noted the Commission did not establish an effective date for the approve Zoning and Subdivision Regulations. Motion by Stull, second by Hayash, to set the effective date for the revisions to the Zoning and Subdivision Regulations at January 1, 2009. PASSED UNANIMOUSLY. (O’Brien and McGuinness were seated as Annino and Morgan had already left the meeting.)
Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino, Jr.
S. Morgan
E. Hayash
J. Adametz
P. Stull
P. McGuinness, Alternate
J. O’Brien, Alternate
1. Call to Order
T. Lentz called the regular meeting to order at 7:15 PM.
2. Minutes of Regular Meeting No. 947 Held December 2, 2008
Motion by Stull, second by Morgan, to approve December 2, 2008 Minutes as written. PASSED UNANIMOUSLY (Lentz, Annino, Morgan, Adametz, Hayash, Stull).
3. Visitors
Thomas Cost Sr. and Thomas Cost Jr. were present. They noted the Hardware Store project is progressing and they would like some guidance on possible changes to signage at the entrance to the property. The Costs noted they could have up to 4 tenants in the 3rd building and the current sign regulations do not allow for business signs at the street. The difference between a directory sign and business sign was discussed. The original Special Exception approval for signs was reviewed. Chairman Lentz noted the original approval is for a sign thirty (30) square feet in total with no one sign larger than twenty (20) square feet. The approved sign was stone faced veneer. Mr. Annino noted the Commission was dealing with hypotheticals at this point and was reluctant to change anything before actually seeing it. There was discussion with regard to number and size of signs. Chairman Lentz noted one needs a Special Exception for signs. It was decided the Costs should come in with a proposed signage design so members can review it before making any decision on changes.
There was discussion regarding the Hardware Store Building #2 foundation. It was noted there is 3 feet showing at the front. Mr. Annino noted there is more concrete exposed than what was envisioned. Mr. Cost Jr. noted the project is not completed yet. Mr. Cost Sr. noted the doors and the cupola have been ordered. Cost Sr. indicated he would talk to the construction manager and the builder to see what can be done with the exposed foundation. It was suggested perhaps a small stone wall could be used as a retaining wall in front of the building. Chairman Lentz noted it would be in the interest of the property owner to make the building look attractive. He also noted he has heard comments regarding this from other residents in town. Mr. Cost Jr. reiterated they will go back to the construction manager and come up with a resolution.
4. Communications and Bills
(1) Two invoices from Howard and McMillan for legal services in the amounts of $1,152.22 and $1,440.00.
(2) Original letter from Connecticut Water Company to Planning & Zoning Commission dated December 2, 2008 Re Commercial Boarding Stable, 552 & 558 North Roast Meat Hill Road.
(3) Original letter from Jacobson & Associates to Planning & Zoning Commission dated December 1, 2008 Re Killingworth Equestrian Center, 552/558 North Roast Meat Hill Road, Engineering Review.
(4) Original letter from R. E. Leighton, Code Official, to Planning & Zoning Commission, dated December 2, 2008 Re Limmerick Farm, LLC, 558 North Roast Meat Hill Road, Sanitation Review/Fire Protection Review.
(5) Letter from Connecticut River Coastal Conservation District, Inc. to Richard J. Cabral dated December 1, 2008 Re Fiscal Year 2010 Budget.
(6) Copy of Board of Selectmen Minutes from November 24, 2008.
(7) Copy of Board of Selectmen Notice of Vote and Minutes from December 8, 2008.
(8) Legal Notice Publications and Affidavit of Publication Re Proposed Revisions to Zoning and Subdivision Regulations.
(9) Letter from Cathie S. Jefferson to Robert Sojka dated 12/6/08 Re Continued Violation (Outback Café).
(10) Copy of Clinton Planning & Zoning Commission Agenda for December 8, 2008.
(11) Christmas Card from Nathan L. Jacobson & Associates.
(12) Letter from Cathie S. Jefferson to Elizabeth Cooney dated 12/16/08 Re Illegal Apartment.
(13) Certificate of Review for Lot Line Revision from R. E. Leighton, Code Official, for Scott & Helena Erskine, 169 Route 148.
(14) Letter from Connecticut River Estuary Regional Planning Agency to Planning & Zoning Commission dated December 8, 2008 Re Various Zoning and Subdivision Regulations.
(15) Letter from Clinton Town Planner to Planning & Zoning Commission dated December 9, 2008 Re Proposed Amendments to Town of Killingworth Zoning Regulations and Subdivision Regulations.
(16) Letter from Midstate Regional Planning Agency to Planning & Zoning Commission dated December 5, 2008 Re Zoning Text Amendments – Outdoor Wood-Burning Furnaces and New Section for Retirement Housing Subdivisions.
(17) Lot Line Change Application from Scott Erskine, 169 Route 148.
5. Old Business
(a) Special Exception #247 – Limmerick Farm LLC, 552 & 558 North Roast Meat Hill Road for boarding/riding stable
Chairman Lentz noted he reviewed the last meeting minutes where the members discussed a number of points relative to this application. The Commission can approve, deny or modify a special exception. He suggested approving the application with certain modifications as follows – approve the 18 horses for boarding with 12 additional horses being kept for private use (making a total of 30 horses on 11 net buildable acres which would be the maximum permitted, approve the barn and the hay barn including the parking and signs as presented in the application, approve lessons for adults and children, deny the holding of horse shows as horse shows are not addressed in the Town’s Zoning Regulations. There are no regulations for horse shows governing traffic, lighting, P.A. systems, sanitary facilities, food services, etc. Lentz noted he didn’t feel that horse shows were an accessory use to boarding stables because it is a more intense activity. Horse shows, if permitted, should be a principal use and not an accessory use. Lentz noted all Special Exceptions must be considered in relation to the standards which are listed in Section 500-155 of the Zoning Regulations. He felt horse shows would have an adverse effect on the enjoyment, usefulness and value of premises in the general neighborhood particularly relating to noise, odor and illumination (Standard A). The shows would also have an adverse effect on traffic (Standard B). Lentz indicated the applicant presented a traffic study that showed no major effect on traffic but it was not clear whether the day that study was done was really representative of traffic conditions. There was evidence presented by the neighbors that the road was narrow and winding and it would have difficulty accommodating horse trailers especially when two vehicles were trying to pass going in opposite directions.
Mr. Stull agreed with Chairman Lentz noting the shows were not a permitted use and not an accessory use. The regulations could possibly be changed to allow for this type of activity, but it is not currently permitted. Mr. Stull also noted there was concern about traffic patterns within the site.
Mr. O’Brien noted there was a comment during the public hearing by the engineer who reviewed the plans that the survey didn’t encompass an area wide enough to see runoff, etc. Chairman Lentz noted certain detailed information was not included on the perimeter but the Town Engineer reviewed the plans and he did not bring up any concerns.
C. Jefferson noted the size of the fire protection tank had been upgraded to 30,000 gallons and asked whether that should be a condition of approval. Chairman Lentz felt it wasn’t necessary as a condition as it was part of the Code Official’s approval and therefore already part of the application if approved.
Motion by Annino, second by Stull, to modify and approve the Limmerick Farm LLC application as follows –
1. APPROVE 18 horses for boarding with 12 additional horses kept for private use making a total of 30 horses on 11 net buildable acres.
2. APPROVE barn and hay barn including parking and signs as presented on the application.
3. APPROVE lessons for adults and children.
4. DENY the holding of horse shows.
PASSED UNANIMOUSLY (partially approved, partially denied as noted).
(b) Proposed Revisions to Killingworth Zoning and Subdivision Regulations
Chairman Lentz noted a public hearing was held prior to this meeting and there were no comments from the public. Lentz noted for the record the General Code company will have to renumber the sections to correspond with their numbering. This will have to be reviewed to determine how this will be handled in the future.
Lentz reviewed the letter from the Town of Clinton Town Planner regarding Section (J) Outdoor Wood-burning Furnaces subject to the following conditions in which it was stated the proposed standards were less stringent than those endorsed by the DEP. It was agreed to change Section 61A.1 General Principal Uses, (J) Outdoor Wood-burning Furnaces subject to the following conditions, as follows –
• Subsection h. Visible Emission Standard to read, “…may not exceed an average of twenty (20) percent opacity for more than 6 minutes or exceed 40% opacity for more than 1 minute.”
• Subsection f. to read, “The outdoor wood-burning furnace shall meet the provisions of Section 22a-174k of the Connecticut General Statutes and qualifies under the EPA’s Phase I voluntary program.”
Lentz reviewed the letter from the Connecticut River Estuary Regional Planning Agency relative to “over 55” development. The Chairman noted the whole Town of Killingworth is rural residential so the concern about these areas becoming more isolated can’t really be addressed. There was discussion regarding Standards and Requirements. It was decided to add the word “gross” to Section 64H.2 Maximum Lot Yield as follows “…in the subdivision shall not exceed the number of gross acreage comprising the subdivision divided by three (3).”
Section 64H.3c. was referenced.
Motion by Stull, second by Hayash, to approve the proposed revisions to the Killingworth Zoning Regulations and Killingworth Subdivision Regulations with the agreed upon minor modifications as discussed. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer’s Report
C. Jefferson noted the DEP has re-inspected Running Brook Farms and found everything to be okay. There are no violations of DEP standards with regard to either the wood-burning furnaces or the manure odor. Lou Santos from DEP said there may have been an odor from the manure pile when it was disturbed, but when he was present there was no nuisance odor. He recommended that if this continues to be an ongoing thing, then in the future maybe the composting bin could be moved to the other side of the street.
C. Jefferson noted all the Heft Brook Subdivision deeds and mylars have been submitted and turned over to the Board of Selectmen for scheduling a town meeting for acceptance of the road.
C. Jefferson noted she received a letter from Attorney Crosby on December 9th regarding Limmerick Farm, but it could not be discussed while deliberation was going on. He noted in his letter that a Cease & Desist Order should be issued because they were offering lessons to children. It is now a moot point as a vote was taken earlier in this meeting to approve those lessons.
C. Jefferson noted there were safety issues at the illegal apartment at 5 Jay Dowd Road. Mr. Leighton, Code Official, visited the apartment and instructed the owner what to do to make the property safe. Jefferson reiterated to the owner that even though the property can be made safe, it is still an illegal apartment and they must continue with the eviction.
7. New Business
(a) Lot Line Change – Scott & Helena Erskine, 165 & 169 Route 148
Scott Erskine briefly reviewed the proposed lot line change. It was determined a few years ago that the property line was not where they thought it was. The line actually ran through a portion of their driveway. Mr. Erskine noted they contacted the developer, Cornerstone Construction, who offered to pay for a new survey. It has taken some time but they now have an agreement to move the property line. The same amount of acreage will be exchanged at the back of the property. Motion by Annino, second by Stull, to approve the Lot Line Change for Scott & Helena Erskine, 165 & 169 Route 148 as presented on map dated March 7, 2005. PASSED UNANIMOUSLY.
(b) Connecticut River Coastal Conservation District Funding Request
Motion by Annino, second by Morgan, that the Planning & Zoning Commission recommends to the Board of Selectmen continued financial support of the Connecticut River Coastal Conservation District request for funding of $1,661 for the next fiscal year. PASSED UNANIMOUSLY.
8. Report of Officer’s and Subcommittees
Chairman Lentz noted he copied members with information regarding the Madison Zoning Regulations pertaining to a design board consisting of architects and landscape architects. The Town of Deep River is also considering something similar. This should be discussed at some point in the future. It was noted there could be a subcommittee made up of various individuals appointed to do these reviews. Lentz also noted the Town Charter gives the Commission the ability to hire personnel and perhaps there should be an architect to do these reviews. C. Jefferson pointed out such individual does not design, but evaluates what is presented to them.
There was a brief discussion regarding the Wettish property and the fact the funding for the stone walls has been left out and that work will be done at a later date.
9. Adjournment
There being no further business, the meeting adjourned.
It is noted the meeting was reconvened with the following members present – Lentz, Stull, O’Brien, Adametz, Hayash and McGuinness. Chairman Lentz noted the Commission did not establish an effective date for the approve Zoning and Subdivision Regulations. Motion by Stull, second by Hayash, to set the effective date for the revisions to the Zoning and Subdivision Regulations at January 1, 2009. PASSED UNANIMOUSLY. (O’Brien and McGuinness were seated as Annino and Morgan had already left the meeting.)
