Tuesday, January 20, 2009

Regular Meeting No. 950

Present: T. Lentz, Chairman C. Jefferson, ZEO
L. Annino, Jr.
S. Morgan
J. Adametz
E. Hayash
P. Stull
D. Gross (non-voting alternate)
P. McGuinness (non-voting alternate)
J. O'Brien (non-voting alternate)

1. Call to Order
T. Lentz called the meeting to order at 7:00 PM. Chairman Lentz welcomed a group of Boy Scouts who were present to observe procedure and get a feel for how Commissions work.

2. Minutes of Regular Meeting No. 949 Held January 6, 2009
Motion by Stull, second by Morgan, to approve January 6, 2009 Minutes as written. PASSED UNANIMOUSLY.

3. Visitors - none.

4. Communications and Bills
(1) Letter from R. E. Leighton, Building Official, to First Selectman Richard Cabral dated January 12, 2009 Re Unsafe Structure - Demolition, 571 Route 148, Request for Guidance.

(2) Board of Selectmen January 12, 2009 Notice of Vote and Minutes.

(3) Letter from John Himmelman, Inland Wetlands & Watercourses Commission Chairman, to Planning & Zoning Commission dated January 14, 2009 Re M & K Milano Application for Wetlands Review - White Pine Subdivision - 65 Parker Hill Road Ext. - Revised Map of 1/7/09.

(4) Letter from MJM Builders of Connecticut, LLC to First Selectman Richard Cabral dated January 14, 2009 Re Public Act 06-80, Public Notice Registry.

(5) Note from First Selectman Cabral to Planning & Zoning Commission dated January 13, 2009 acknowledging MJM Builders of Connecticut letter and asking the Commission to respond to Mr. Milano.

(6) Letter from Cardinal Engineering Associates, Inc. to Connecticut Department of Public Health dated January 6, 2009 enclosing copy of Stormwater Discharge Permit Application and General Application Form.

5. Old Business - none.

6. Zoning Enforcement Officer's Report
C. Jefferson noted copies of the Zoning Regulations have been ordered from General Code. J. Brown will also get a price from Staples on copying the package for comparison.

C. Jefferson noted she contacted the Towns of Guilford, Old Saybrook and Old Lyme inquiring as to their process with General Code for getting updated copies of the Town's regulations. All three towns indicated if a Commission updates its regulations more than once every couple of years, the process is too cumbersome. All three towns have gone back to doing their regulations in house.

There was a brief discussion regarding the Public Notice Registry that is to be maintained by the Commission. C. Jefferson and J. Brown will work together to prepare and maintain the list.

C. Jefferson noted she has not issued any zoning permits yet for the month of January.

7. New Business
(a) Paul Lambert, Civil Engineer representing Michael Milano - 65 Parker Hill Road Ext. - determination of qualification for Conservation Subdivision.
Paul Lambert from Lambert Engineering was present representing Mike Milano. He noted he was before the Commission about 18 months ago. The plan (Conventional Subdivision) before the Commission tonight was the entire 92 acres. The rear portion of the property and a 55 foot wide strip up to Parker Hill Road is a Conservation Easement in favor of the Killingworth Land Trust (66 acres outlined in green). The existing home site is on 25 acres. This proposal was a conventional subdivision plan with a road coming in from Parker Hill Road along the northerly line and turning south straddling the ridge line. The property to the south is the former Wettish Property. The soils in this area are Class B Soils. The lots are a minimum 2.76 acres in area. Each lot has 200 foot frontage and has a 200 x 300 foot rectangle within the lot lines. There are five frontage lots and one rear lot. The road length is 1000 feet. The regulations require at least 15 percent Open Space to be provided as part of a conventional subdivision. The area along the north boundary and extending out to the 55' strip (cross hatched on the plan) represents about 14 acres of Open Space. This Open Space would be conveyed to the Land Trust if this were a conventional subdivision. The existing house lot would be to the east of the cul-de-sac road.

Mr. Lambert next reviewed the plan for a Conservation Subdivision. He noted there would be six (6) lots to be served by a 1000 foot long cul-de-sac. The lots would be a minimum of 1.33 acres or about 58,000 square feet due to Class B soils. Minimum frontage would be 150 feet. This plan meets all zoning requirements for configuration of the lots. The existing house lot consists of 56 acres and includes all the area to the rear that's left in the Conservation Easement area after the Open Space area is provided for. Mr. Lambert noted the Open Space requirement for a Conservation Subdivision is thirty (30) percent of the gross parcel area which is a little under 28 acres. He pointed out the highlighted Open Space area of 28.08 acres. The area to the north extends all the way to the rear line which is the town line and the common line with the State Forest (running along the entire easterly boundary of the parcel). There is a twenty (20) foot wide strip connecting the Open Space on the north end to an area on the south end running all the way from the back of Lot 5 to the town line which is the rear line of the property. Mr. Lambert pointed out the Open Space area that abuts the former Wettish property representing an extension of that Open Space. The Open Space would be conveyed to the Killingworth Land Trust. The cross hatched area provides for a corridor of Open Space running from the south abutting the former Wettish property connecting to a strip along the rear line of the property connecting to the Open Space area along the entire northerly boundary with the ability to come back out to Parker Hill Road. The strip of land along the rear has some scenic views (reservoir and picturesque stream connecting to the reservoir) which Mr. Lambert reviewed. Chairman Lentz asked why the Open Space wasn't all one contiguous area. Mr. Lambert noted there have been improvements done on the property by the Milanos and they would like to retain the pond and horse trail.

There was a brief discussion regarding stone walls.

Chairman Lentz asked Commission members which plan it would prefer. Mr. Lambert noted the open field area in the front would be compromised with the Conventional Subdivision.

Lambert indicated the Open Space would be conveyed to the Killingworth Land Trust in fee and provide for public access.

There was discussion regarding the Conservation Easement. Mr. Lambert noted the easement does not provide for public access. There was a question as to whether or not the 66 acres could be developed at some time. C. Jefferson will obtain a copy of the easement.

P. Stull noted it would be an advantage to the Town and gives more buffer to the Wettish property.

J. O'Brien noted the Conservation Subdivision would have much less effect on the stone walls. O'Brien asked Lambert if he was confident about the soils. Lambert noted soil testing (3 test pits) has been done on each lot witnessed by the Sanitarian.

Chairman Lentz noted it was a consensus of Commission members to go with the Conservation Subdivision. Once an application is submitted, a site walk will be scheduled.

8. Report of Officers and Subcommittees
T. Lentz had nothing further to add. There had already been a discussion regarding the regulations under the ZEO's Report.

T. Lentz once again welcomed the Boy Scouts to the meeting and asked if anyone had any questions. It was noted they were present to observe what a Planning & Zoning Commission does.

9. Adjournment
There being no further business, the meeting adjourned at 7:40 PM

Tuesday, January 06, 2009

Regular Meeting No. 949

Present: T. Lentz, Chairman C. Jefferson, ZEO
L. Annino, Jr.
S. Morgan
J. Adametz
P. Stull
D. Gross (non-voting alternate)
P. McGuinness (non-voting alternate)
J. O'Brien (seated for E. Hayash)

1. Call to Order
T. Lentz called the meeting to order at 7:00 PM.

2. Minutes of Regular Meeting No. 948 Held December 16, 2008
Motion by Stull, second by Annino, to approve December 16, 2008 Minutes amended as follows -
 Under Visitors, 2nd paragraph, 2nd sentence should read "Mr. Annino noted there is more concrete exposed than what was envisioned or shown on the plan elevations."
PASSED UNANIMOUSLY.

3. Visitors - none.

4. Communications and Bills
(1) Legal Notice Publication for Notice of Decision Re Limmerick Farm LLC.

(2) Affidavit of Publication for Notice of Decision Re Revisions to Zoning and Subdivision Regulations.

(3) Certified Mail (green card) receipt for Notice of Decision to Limmerick Farm LLC.

(4) Original letter from Jacobson & Associates dated December 24, 2008 Re Review of Release of Maintenance Bond, Clarkson Lane, Clarkson Crossing Subdivision.

(5) Letter from R. E. Leighton, Agent for Health Director, to Kenny Associates dated December 22, 2008 Re Lot #6B, Parker Hill Road, Lot Line Revision Inquiry.
(6) Memo from R. E. Leighton, Building Official/Demolition Official to Richard Cabral, First Selectman, dated December 21, 2008 Re 140 Roast Meat Hill Road, Application for Demolition, Required Historic Review Committee Notification.

(7) Letter from R. E. Leighton, Building Official, to Waldo & Associates LLC dated December 27, 2008 Re 183 & 185 Route 81, Proposed site Changes - Comments.

(8) Letter from R. E. Leighton, Building Official, to CK Architects dated December 27, 2008 Re Rizza Residence, 19 Cranberry Meadow Lane, Cursory Review Comments.

(9) Copy of Summons - Sheridan Matthies (Re Limmerick Farm LLC).

5. Old Business - none.

6. Zoning Enforcement Officer's Report
There was discussion regarding the new Zoning and Subdivision Regulations package. C. Jefferson will ask Linda Dudek how much General Code will charge to print copies of the new package. A price can also be obtained from Staples.

There was discussion regarding the Notice of Public Registry requirement relative to revisions to regulations and zoning maps and what the process is for getting on the list. C. Jefferson noted this is a recently adopted Statute that apparently requires a notice in the paper to individuals who wish to be placed on the list. A form is filled out and the list is maintained for 3 years at which time the list expires or individuals may renew for another 3 years. C. Jefferson will look into this matter to see what the actual process is for establishing and maintaining the list.

C. Jefferson noted she met with Roger Nemergut today who is working on an application for the Outback Cafe.

C. Jefferson noted she spoke to the individual who will be leasing the Country Squire and reopening the restaurant. Copies of all past Special Exceptions were given to the individual.

C. Jefferson noted the Connecticut Bar Association is once again holding their annual seminar in March for new members. The cost is $45.00. T. Lentz noted there are funds available if anyone wants to attend.

Permit log for December 2008 was distributed.

7. New Business - none.

8. Report of Officer's and Subcommittees
Bond Subcommittee Chairman Morgan read the letter from Jacobson & Associates dated December 24, 2008 relative to Review of Release of Maintenance Bond for Clarkson Lane in the Clarkson Crossing Subdivision. Motion by Morgan, second by O'Brien, to approve release of maintenance bond for Clarkson Lane, Clarkson Crossing Subdivision, in the amount of $31,550. PASSED UNANIMOUSLY.

Chairman Lentz noted last year was a productive year for the Commission. The Town Plan was adopted. New Flood Regulations and new Zoning/Subdivision Regulations were also adopted. He thanked members of the Commission for their time and effort. Commission members commended and thanked Chairman Lentz for all his time and effort noting it could not have been done without his help.

9. Adjournment
There being no further business, the meeting adjourned at 7:20 PM.