Tuesday, April 21, 2009

Regular Meeting No. 956

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
Chairman Lentz called the meeting to order at 7:00 PM.

2. Minutes of Regular Meeting No. 956 Held April 7, 2009
Motion by Stull, second by Adametz, to approve April 7, 2009 Minutes as written. PASSED UNANIMOUSLY.

3. Visitors
Roger Nemergut was present representing the Outback. The application for amendment to Special Exception for June's Outback Cafe was reviewed. Mr. Nemergut noted June's Outback Cafe is located in Killingworth Village. About six or so months ago, they installed an outdoor cooler on the Green Hill Road side of the property. This is not attached to the building but within 5 or 6 inches of it. It is set on blocks. The size is 8' x 20' and about 8' high. Nemergut noted he is submitting a request for modification as there was a Special Exception granted in 1980 and two additions to that in 1981 and 1982. The proposal is to leave the outdoor cooler where it is currently located and put a wood frame around it. It would consist of 2 x 4's, plywood with vinyl siding and a shed roof with asphalt shingles. Everything would match color and materials with the current building. Nemergut noted he submitted this to Richard Leighton for review and although he doesn't have anything in writing, he spoke to Mr. Leighton this morning who indicated he didn't have any issue with it. It was noted the applicant for this application is Southport Holdings who purchased the property from Gary Belard. There was discussion as to door location and accessibility. Mr. Nemergut noted he would clarify this issue. It was noted the Commission would prefer no access to the cooler except from inside the building. Chairman Lentz noted access from outside the building would also pose a safety issue. He also noted the Commission needs a narrative covering intended usage, materials of construction, entrance, etc. P. Stull inquired as to landscaping around this area. Nemergut noted this will eventually look like part of the original building and wasn't sure screening would be necessary. Stull noted the zoning regulations call for landscaping. C. Jefferson noted the owner of the building will be coming in eventually to do the area in between the buildings, sidewalks need to be repaired and roof work. There was discussion as to history for June's Outback Cafe and how many times the Special Exception has been amended. The September 2006 meeting where there was discussion regarding June's Outback Cafe was referenced. It was decided this application should be Special Exception #250 for Amendment to Special Exception #97. This item will be on the next meeting Agenda.

4. Communications and Bills
(1) Board of Selectmen Notice of Vote and Minutes from April 13, 2009.

(2) Letter from University of Connecticut College of Agriculture.

5. Old Business
(a) Subdivision Application #312 White Pines - 6 Lot Conservation Subdivision - Michael & Karen Milano, 65 Parker Hill Road Ext.
Chairman Lentz noted the applicant was not present. C. Jefferson noted the applicant is currently working with the Town Engineer relative to road issues. The applicant has been to the Wetlands Commission who determined there was no regulated activity. Fire Protection and Sanitarian reports are still pending. C. Jefferson noted she has a meeting on Thursday with Bruce Dodson to review Open Space. A site walk still needs to be set once a completed application is received.

6. Zoning Enforcement Officer's Report
(1) C. Jefferson noted she has a meeting on Thursday with Bruce Dodson to review Open Space with the Land Trust relative to the White Pines Subdivision.

(2) C. Jefferson noted she has had a couple meetings with Bill Howard and representatives of Limmerick Farm regarding pending litigation.

(3) C. Jefferson noted she met with the engineer and architect for Gene Gargiuolo regarding possible activities in the Large Business District.

(4) C. Jefferson noted she met with Tom Cost from True Value relative to the sign which is 72 square feet. The regulation allows for 76 square feet. Mr. Cost would like to know if this is okay so he can have the posts installed. Chairman Lentz noted they were to submit an application covering the sign etc. C. Jefferson noted she reminded Mr. Cost of that fact and Mr. Cost noted he is having some problems with the contractor.

7. New Business
(a) Modification to Special Exception #97 - June's Outback, 184 Route 81, Map 33, Lot 8
Chairman Lentz noted Roger Nemergut will discuss outstanding issues with the applicant and report back at the next meeting. J. O'Brien asked if there must be ventilation for a compressor. This question should be asked at the next meeting.

8. Report of Officer's and Subcommittees
Chairman Lentz reviewed the latest revision to the Sign Regulations. Section E would allow a sign by municipal or non-profit organization by special exception when not connected with any particular use. Commercial cluster development sign criteria was reviewed. Maximum sign area was reviewed. Directory signage was reviewed. There was discussion regarding actual square footage of signage. Several modifications were suggested. There was discussion regarding Prohibited Signs, Section 106(b).

P. McGuinness reviewed the Needs Assessment he prepared of Planning & Zoning records. Electronic management of records was reviewed. The Town Clerk's Office is currently laser scanning all minutes for easy look up. There was discussion regarding retention, storage and archiving of Planning & Zoning records. Chairman Lentz noted all Subdivision files should be kept. C. Jefferson noted all subdivision maps are kept in the Town Clerk's Office. The next step is for Chairman Lentz and Paul McGuinness to review what is currently in the files.

9. Adjournment
There being no further business, the meeting adjourned at 9:00 PM.

Tuesday, April 07, 2009

Regular Meeting No. 955

It is noted for the record a public hearing was held prior to the regular meeting for Special Exception #248 - Connecticut Yankee Council, Inc., 101 Paper Mill Road - Map 31, Lot 15 - Improvements to Existing Scout Camp.

Present - T. Lentz, Chairman
L. Annino, Jr.
E. Hayash
J. Adametz
P. Stull
D. Gross (non-voting alternate)
P. McGuinness (seated for S. Morgan)
J. O'Brien (seated for P. Stull for Special Exception #248 only)

1. Call to Order
T. Lentz called the meeting to order at 8:06 PM immediately following the above noted public hearing.

2. Minutes of Regular Meeting No. 954 Held March 17, 2009
Motion by Stull, second by Hayash, to approve March 17, 2009 Minutes amended as follows -
• Page 2, under Visitors (CRERPA) - 4th paragraph, 4th sentence, correct to read "The Plan is a Smart Growth Plan (put your development where infrastructure already is).
• Page 6, under Visitors (True Value) - 3rd to last paragraph, add following sentence "Paul McGuinness commented the existing slope is moderate and recommended fill be added as much as practical so the exposed portion of foundation could be significantly reduced prior to hanging the faux doors."
PASSED UNANIMOUSLY.

3. Visitors - none.

4. Communications and Bills
(1) Several returned envelopes for abutting property owners relative to Special Exception #248.

(2) Notice of Vote and Minutes from Board of Selectmen Meeting March 23, 2009.

(3) Three invoices from Howard and McMillan for legal services - $1,097.60, $31.00 and $294.50.

(4) Legal Notice Publication and Affidavit of Publication for Special Exception #248.

(5) Correspondence from Town of Deep River Planning & Zoning Commission dated January 23, 2009 Re Proposed Amendment to Zoning Regulations.

(6) Copy of Commission Budget dated 3/31/09.

(7) Letter from R. E. Leighton, Code Official, to Fortuna & Cartelli, dated March 25, 2009 Re Wettish Recreational Property, Irrigation Well Installation.

(8) Letter from R. E. Leighton, Code Official, to George V. Keithan, dated March 27, 2009 Re Solar Installation, Solar Permit Fee.

(9) Letter from R. E. Leighton, Agent for the Health Director, to Anthony & Fie Budzinsky, dated March 30, 2009 Re Proposed Sub-surface Sewage Disposal System, Request for Extension.

(10) Leighton from R. E. Leighton, Agent for the Health Director, to Donald W. Lucas, dated March 25, 2009 Re Septic Repair Design, As-Built Survey Required.

5. Old Business
(a) Special Exception #248 - Connecticut Yankee Council, Inc., 101 Paper Mill Road - Map 31, Lot 15 - Improvements to Existing Scout Camp

It is noted for the record that J. O'Brien is seated for P. Stull who disqualified himself for this application only.

Chairman Lentz noted an application had been submitted and a public hearing was held prior to this meeting. There were a number of comments and issues to be addressed. The comments were all generally favorable.

Parking was reviewed. It was decided to leave the parking as proposed. It was noted, however, that if the construction of the administration building was going to be delayed, then the administration building and the parking could be part of Phase 2 development.

Lou Annino pointed out that if the application were to be approved, it should be approved as presented with all features as presented and any modifications would have to come back before the Commission.

Chairman Lentz pointed out that a condition of approval modifies the plan and the applicant would not have to come back.

Motion by O'Brien, second by Hayash, to approve Special Exception Application #248 for Connecticut Yankee Council, Inc. with the following conditions -

1. Subject to an approved fire plan.

2. Subject to approval of the water system by the Connecticut Department of Public Health.

3. Subject to approval of the septic system design by the Connecticut Department of Environmental Protection.

4. A revised plan be submitted to the Inland Wetlands & Watercourses Commission.

5. Subject to a Tree Preservation Plan approved by the Planning & Zoning Commission.

PASSED UNANIMOUSLY.

6. Zoning Enforcement Officer's Report
No report was available as ZEO was on vacation. Copies of the Permit Log for the previous month were distributed.

7. New Business
(a) Subdivision Application #312 White Pines - 6 Lot Conservation Subdivision - Michael & Karen Milano, 65 Parker Hill Road Ext.

Paul Lambert, representative for the applicant, was present. He noted this was a conservation subdivision. The only change from when they were previously before the Commission in January was to the Open Space. There has been no change to the subdivision layout. He explained that instead of the Open Space being a 20 foot strip, it is now 186 feet wide connecting to the Town property at the south end. There are some existing trails along this strip. It was noted the Milanos were at the Killingworth Land Trust meeting this evening relative to the Land Trust accepting the Open Space. Phil Stull asked if a site walk should be scheduled. Chairman Lentz replied yes and that will be done at the next meeting. Lentz also pointed out that any alternatives for acceptance of the Open Space would have to be approved by the Planning & Zoning Commission.

It was noted a copy of the application will be sent to the Town of Chester as an adjoining municipality within 500 feet of the town line.

The application was received at this meeting.

8. Report of Officer's and Subcommittees
It was noted the proposed new sign regulations would be reviewed further at the next meeting.

9. Adjournment
There being no further business, the meeting adjourned at 9:00 PM.