Regular Meeting No. 957
Present - T. Lentz, Chairman
S. Morgan
J. Adametz
E. Hayash
P. Stull
D. Gross (seated for L. Annino, Jr.)
J. O'Brien (non-voting alternate)
1. Call to Order
Chairman Lentz called the meeting to order at 7:00 PM.
2. Minutes of Regular Meeting No. 957 Held April 21, 2009
Motion by Hayash, second by Stull, to approve April 21, 2009 Minutes as presented. PASSED UNANIMOUSLY.
3. Visitors - none.
4. Communications and Bills
(1) Letter from Connecticut Water Company dated April 20, 2009 requiring written notification to the Water Company of an applicant proposing any activity within a public drinking water supply watershed or aquifer area if such water company has filed a map showing the boundaries of Level A or B aquifer protection areas as approved by the Department of Environmental Protection.
(2) Notice of Vote and Minutes from Board of Selectmen Meeting of April 27, 2009.
(3) Affidavit of Publication for Special Exception #248, Connecticut Yankee Council Inc. for Notice of Decision.
(4) Copy of Commission Budget as of 4/30/09.
(5) Copy of letter from R. E. Leighton, Code Official, to Debra/Dan Tyler dated May 2, 2009 Re Building Permit Application, Review & Comment.
(6) Comprehensive Statement of Use for Special Exception #250, Modification to Special Exception #97 for June's Outback Pub.
5. Old Business
(a) Subdivision Application #312 White Pines - 6 Lot Conservation Subdivision - Michael & Karen Milano, 65 Parker Hill Road Ext.
Paul Lambert, representative for the Milanos, was present. He noted they were currently waiting for replies from the Town Engineer, Town Sanitarian, Fire Protection, Connecticut Water Company and Nick Bellantoni, State Archaeologist. Hopefully all these items will be addressed by the next meeting and all reviews received. Lambert noted he has staked out the center line of the road with the grades. The Commission was going to schedule a site visit to the property. Mr. Lambert noted the Milanos are trying to come to an agreement with the Killingworth Land Trust as to what is proposed for the Open Space.
A site walk was scheduled for Tuesday, May 12, 2009, at 6 PM.
Chairman Lentz asked if a Tree Preservation Plan had been submitted with the application. Mr. Lambert replied there is no timber cutting proposed. Lentz noted this is a new regulation that identifies significant trees and preserves them.
Michael Milano arrived and was asked to give an update on the Open Space issue. Mr. Lambert highlighted the areas of Open Space and the Easement. Mr. Milano noted there was 66.78 acres in the Conservation Easement with the Killingworth Land Trust that can't be built on. Milano reviewed the process he went through to get to this point and discussing this matter with Cathie Jefferson. He noted he wanted to enhance the pond and have a four (4) acre flower field.
Mr. Milano pointed out there was language in the Conservation Easement with the Killingworth Land Trust to the effect they were "not allowed to subdivide property in back." This language has created a problem with the Land Trust.
Mr. Milano noted he contacted the original owner of this property, Patricia Davidson, to see what her original intentions were with regard to the Conservation Easement as he would like to honor her wishes. He reviewed his discussion with Ms. Davidson in detail. He then reviewed the discussion he had with Bruce Dodson of the Land Trust after his discussion with Ms. Davidson.
Mr. Milano asked if the Commission had 'payment in lieu of' with regard to the Open Space. Chairman Lentz noted that has been discussed but is not in the regulations yet.
Chairman Lentz asked Mr. Milano if he could find an agency that would take the Open Space if an agreement cannot be reached with the Killingworth Land Trust. Mr. Milano replied that Red Wing would take it. Lentz noted any agency would have to be approved by the Commission and it did not know enough about Red Wing to approve it. Chairman Lentz recommended that Mr. Milano talk to First Selectman Rich Cabral to see if the Town would accept the Open Space.
With regard to the language in the Easement about subdividing, Chairman Lentz noted giving a piece of land for Open Space is not a subdivision. Mr. Lambert noted the Easement has a provision in it for amending the document.
Mr. Milano noted he would speak with First Selectman Cabral about the Town taking the 28 acres of Open Space. Chairman Lentz advised Mr. Milano that if First Selectman Cabral is agreeable to this, he must have it in writing.
It was again noted a site visit was scheduled for Tuesday, May 12, 2009, at 6 PM.
(b) Special Exception #250, Modification to Special Exception #97 - June's Outback Pub, 184 Route 81, Map 33, Lot 8
Roger Nemergut submitted and read the Comprehensive Statement of Use for this application. He confirmed that deliveries will be through the inside of the building and one can walk from the kitchen area directly into the cooler. Jim O'Brien asked whether there would be any outdoor compressors. Mr. Nemergut replied the cooler is functional as it currently is and there will be no additions to it other than the proposed enclosure. He reiterated all deliveries will be brought into the building and then into the cooler. Deliveries are usually twice a week around 10:00 AM. Mr. Nemergut will be overseeing the project. It was noted any rodent control, if necessary, will be addressed.
Motion by Stull, second by Gross, to approve Special Exception #250 for June's Outback Pub for Modification to Special Exception #97 for outside cooler as presented. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer's Report
Jim O'Brien inquired about an ad on Killingworth Today website advertising an apartment on the Buttendorf property. Is this allowed under the regulations? It is a separate building on the same property. Jere Adametz noted there has been an apartment there for years. Chairman Lentz noted the ZEO should determine if it is a nonconforming use.
7. New Business - none.
8. Report of Officer's and Subcommittees
Chairman Lentz noted the final draft of the proposed Sign Regulations had been distributed at the last meeting. A July 7, 2009 Public Hearing was scheduled for the Sign Regulations.
Paul McGuinness was ill and therefore there was no status report on records management.
Phil Stull asked if the Charter Revision Commission made any proposed changes with reference to Planning & Zoning. Chairman Lentz noted he had not been advised of any changes.
9. Adjournment
There being no further business, the meeting adjourned at 7:55 PM.
S. Morgan
J. Adametz
E. Hayash
P. Stull
D. Gross (seated for L. Annino, Jr.)
J. O'Brien (non-voting alternate)
1. Call to Order
Chairman Lentz called the meeting to order at 7:00 PM.
2. Minutes of Regular Meeting No. 957 Held April 21, 2009
Motion by Hayash, second by Stull, to approve April 21, 2009 Minutes as presented. PASSED UNANIMOUSLY.
3. Visitors - none.
4. Communications and Bills
(1) Letter from Connecticut Water Company dated April 20, 2009 requiring written notification to the Water Company of an applicant proposing any activity within a public drinking water supply watershed or aquifer area if such water company has filed a map showing the boundaries of Level A or B aquifer protection areas as approved by the Department of Environmental Protection.
(2) Notice of Vote and Minutes from Board of Selectmen Meeting of April 27, 2009.
(3) Affidavit of Publication for Special Exception #248, Connecticut Yankee Council Inc. for Notice of Decision.
(4) Copy of Commission Budget as of 4/30/09.
(5) Copy of letter from R. E. Leighton, Code Official, to Debra/Dan Tyler dated May 2, 2009 Re Building Permit Application, Review & Comment.
(6) Comprehensive Statement of Use for Special Exception #250, Modification to Special Exception #97 for June's Outback Pub.
5. Old Business
(a) Subdivision Application #312 White Pines - 6 Lot Conservation Subdivision - Michael & Karen Milano, 65 Parker Hill Road Ext.
Paul Lambert, representative for the Milanos, was present. He noted they were currently waiting for replies from the Town Engineer, Town Sanitarian, Fire Protection, Connecticut Water Company and Nick Bellantoni, State Archaeologist. Hopefully all these items will be addressed by the next meeting and all reviews received. Lambert noted he has staked out the center line of the road with the grades. The Commission was going to schedule a site visit to the property. Mr. Lambert noted the Milanos are trying to come to an agreement with the Killingworth Land Trust as to what is proposed for the Open Space.
A site walk was scheduled for Tuesday, May 12, 2009, at 6 PM.
Chairman Lentz asked if a Tree Preservation Plan had been submitted with the application. Mr. Lambert replied there is no timber cutting proposed. Lentz noted this is a new regulation that identifies significant trees and preserves them.
Michael Milano arrived and was asked to give an update on the Open Space issue. Mr. Lambert highlighted the areas of Open Space and the Easement. Mr. Milano noted there was 66.78 acres in the Conservation Easement with the Killingworth Land Trust that can't be built on. Milano reviewed the process he went through to get to this point and discussing this matter with Cathie Jefferson. He noted he wanted to enhance the pond and have a four (4) acre flower field.
Mr. Milano pointed out there was language in the Conservation Easement with the Killingworth Land Trust to the effect they were "not allowed to subdivide property in back." This language has created a problem with the Land Trust.
Mr. Milano noted he contacted the original owner of this property, Patricia Davidson, to see what her original intentions were with regard to the Conservation Easement as he would like to honor her wishes. He reviewed his discussion with Ms. Davidson in detail. He then reviewed the discussion he had with Bruce Dodson of the Land Trust after his discussion with Ms. Davidson.
Mr. Milano asked if the Commission had 'payment in lieu of' with regard to the Open Space. Chairman Lentz noted that has been discussed but is not in the regulations yet.
Chairman Lentz asked Mr. Milano if he could find an agency that would take the Open Space if an agreement cannot be reached with the Killingworth Land Trust. Mr. Milano replied that Red Wing would take it. Lentz noted any agency would have to be approved by the Commission and it did not know enough about Red Wing to approve it. Chairman Lentz recommended that Mr. Milano talk to First Selectman Rich Cabral to see if the Town would accept the Open Space.
With regard to the language in the Easement about subdividing, Chairman Lentz noted giving a piece of land for Open Space is not a subdivision. Mr. Lambert noted the Easement has a provision in it for amending the document.
Mr. Milano noted he would speak with First Selectman Cabral about the Town taking the 28 acres of Open Space. Chairman Lentz advised Mr. Milano that if First Selectman Cabral is agreeable to this, he must have it in writing.
It was again noted a site visit was scheduled for Tuesday, May 12, 2009, at 6 PM.
(b) Special Exception #250, Modification to Special Exception #97 - June's Outback Pub, 184 Route 81, Map 33, Lot 8
Roger Nemergut submitted and read the Comprehensive Statement of Use for this application. He confirmed that deliveries will be through the inside of the building and one can walk from the kitchen area directly into the cooler. Jim O'Brien asked whether there would be any outdoor compressors. Mr. Nemergut replied the cooler is functional as it currently is and there will be no additions to it other than the proposed enclosure. He reiterated all deliveries will be brought into the building and then into the cooler. Deliveries are usually twice a week around 10:00 AM. Mr. Nemergut will be overseeing the project. It was noted any rodent control, if necessary, will be addressed.
Motion by Stull, second by Gross, to approve Special Exception #250 for June's Outback Pub for Modification to Special Exception #97 for outside cooler as presented. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer's Report
Jim O'Brien inquired about an ad on Killingworth Today website advertising an apartment on the Buttendorf property. Is this allowed under the regulations? It is a separate building on the same property. Jere Adametz noted there has been an apartment there for years. Chairman Lentz noted the ZEO should determine if it is a nonconforming use.
7. New Business - none.
8. Report of Officer's and Subcommittees
Chairman Lentz noted the final draft of the proposed Sign Regulations had been distributed at the last meeting. A July 7, 2009 Public Hearing was scheduled for the Sign Regulations.
Paul McGuinness was ill and therefore there was no status report on records management.
Phil Stull asked if the Charter Revision Commission made any proposed changes with reference to Planning & Zoning. Chairman Lentz noted he had not been advised of any changes.
9. Adjournment
There being no further business, the meeting adjourned at 7:55 PM.
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