Regular Meeting No. 960

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

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

2. Minutes of Regular Meeting No. 959 Held June 2, 2009
Motion by Stull, second by Adametz, to approve June 2, 2009 Minutes as written. PASSED UNANIMOUSLY.

3. Visitors - none.

4. Communications and Bills
(1) Special Exception Application #251 - Killingworth Country Commons.

(2) Special Exception Application #252 - The Dance Corner.

(3) Lot Line Change, Buchanan Property, 25 Chestnut Hill Road.

(4) Timber Cutting Site Plan Approval, Connwood Foresters, Inc., Reservoir Road.

(5) Timber Cutting Site Plan Approval, Rose Dudek, 71 Tower Hill Road.

(6) Letter from Cathie S. Jefferson to Charles Edwards dated 6/12/09 Re Commercial Vehicles - Cease & Desist.

(7) Letter from Cathie S. Jefferson to Michael Cassella dated 6/12/09 Re Commercial Vehicles.

(8) Letter from Cathie S. Jefferson to Elizabeth Cooney dated 6/9/09 Re Illegal Apartment.

(9) Letter from Regional Water Authority dated June 11, 2009 Re Proposed Amendment to Section 500 of Killingworth Zoning Regulations.

(10) Copy of letter from R. E. Leighton, Code Official, to Michael Milano dated June 14, 2009 Re 140 Roast Meat Hill Road, Request for Modification Approvals.

(11) Letter from Cathie S. Jefferson to Killingworth Congregational Church dated 6/16/09 Re Kitchen Rental.

(12) Two invoices from Howard & McMillan in the amounts of $5,487.44 and $108.50.

(13) Copy of letter from R. E. Leighton, Code Official, to Paul Lambert, Lambert Engineering, dated June 6, 2009, Re White Pines Subdivision, Review and Comments.

(14) Board of Selectmen Regular Meeting Minutes of May 26, 2009.

(15) Board of Selectmen Special Meeting Minutes of June 3 and June 10, 2009.

(16) Board of Selectmen Notice of Vote from June 9, 2009.

(17) Water Control Pollution Control Authority Minutes from June 3, 2009.

(18) Copy of letter from R. E. Leighton, Agent for the Health Director, to Billie S. Cohen dated June 9, 2009 Re Letter Regarding Wastewater Management Ordinance, Response to Your Position and Concerns.

(19) Letter from Paul Lambert to Planning & Zoning Commission dated June 16, 2009 Re Request for Waiver - White Pines Subdivision, 65 Parker Hill Road Ext.

(20) Certified Main Green Cards from certified mailing for proposed sign regulation changes (one envelope returned addressed to Westbrook Town Clerk).

6. Zoning Enforcement Officer's Report
C. Jefferson reviewed the Notices of Violation for storage of commercial vehicles on residential properties.

C. Jefferson reviewed the Cease & Desist for the illegal apartment at 5 Jay Dowd Road.

C. Jefferson reviewed the letter to the Killingworth Congregational Church relative to 'kitchen rental'. She noted the Church is allowed to use the kitchen for Church functions but it cannot be rented out as a commercial building.

C. Jefferson noted the timber harvest application on Reservoir Road is from the Water Company. Approval has been received from the Wetlands Commission. They understand there is a $1500 bond to be posted for each landing site.

C. Jefferson noted she will be doing a site walk for the timber harvest application on the Dudek property on Tower Hill Road. This should remain on the agenda for the next meeting.

7. New Business
(a) Lot Line Change - property of Buchanan, 25 Chestnut Hill Road, Map 26, Lot 20
Jason Nemergut presented the lot line change application. He explained the existing 29 1/2 acre lot would become 20 acres and the 33 1/2 acre lot would become 42.4 acres. Nemergut noted the owner is getting ready to sell and the access would be better as proposed with the lot line change. Chairman Lentz noted this was discussed and agreed to at the last meeting, but the Commission needed a new map. Motion by Stull, second by Hayash, to approve Lot Line Change for Buchanan Property as presented. PASSED UNANIMOUSLY.

(b) Timber Harvest - property of Rose Dudek, 71 Tower Hill Road, Map 34, Lots 9 & 41
Chairman Lentz noted this item will be tabled until C. Jefferson does a site walk and more information is available.

(c) Timber Harvest - property of Connecticut Water Co., Reservoir Road, Map 29, Lot 1
Chairman Lentz read the lengthy narrative submitted with the application from the Connecticut Water Company. Motion by Stull, second by Hayash, to approve Timber Harvest application of Connecticut Water Company on Reservoir Road as presented. PASSED UNANIMOUSLY.

(d) Special Exception #251 - Advanced Restorations (now called Killingworth Country Commons
Mark Young from Russell W. Waldo Associates reviewed the application and plan. He noted their proposal is for the work in the parking lot and storm drainage. Young noted the handicap parking spaces have been redesigned to comply with State Building Code. Lighting has been improved. Landscaping on the original plan was never completed. Young noted they proposed to relocate the fabric shed used for hay storage. This was not on the original plan. They are also proposing to add 11 parking spaces in the rear of building on a gravel surface expanding the utility of the whole parcel to be attractive to a wide variety of businesses. He reviewed the reconfiguration of the existing stormwater treatment basin which the Wetlands Commission has approved. Comments should be received from Richard Leighton and Jacobson & Associates for the next meeting. Chairman Lentz noted fabric buildings are not allowed in the Zoning Regulations. They need to be wood structures. Mr. Young noted he would contact his client with regard to the fabric shed. Lentz also noted this must be reviewed by the Town Engineer and the Commission has 65 days to schedule a public hearing. Parking and fire lanes were reviewed. Mr. Stull reviewed the parking regulation as it relates to islands and location of the handicap parking. Mr. Young noted the location of the handicap parking space in front of the feed store is required by the building code. Landscaping and stormwater treatment were reviewed. Young noted there is no exposed foundation in the front of the building, but they would be happy to do some plantings in the rear if required. Lighting will be full cut off down lighting. Mr. Young noted he would work on the outstanding issues and return at the next meeting.

(e) Special Exception #252 - The Dance Corner, 206 Route 80, Map 28, Lot 3
Chairman Lentz noted a public hearing will be scheduled for Tuesday, July 21, 2009.

5. Old Business
(a) Subdivision Application #312 White Pines - 6 Lot Conservation Subdivision - Michael & Karen Milano, 65 Parker Hill Road Ext.
Paul Lambert, Lambert Engineering, noted he was present to present a request for waiver for the White Pines Subdivision. Mr. Lambert reviewed the requested waivers. Length of the road requested is 1008 feet, regulation allows 1000 feet. Lambert explained how the length of the road is measured and that they are trying to keep the cul-de-sac in the existing wood area in order to screen large paved area from view of the existing house on Lot 6 and proposed houses on Lots 3, 4 and 5. Mr. Lambert noted he discussed this matter with Joe Dillon who agreed the measurement was actually 1008 feet and not 1065 feet as Mr. Dillon originally thought. There was much discussion as to why the road could not be shortened by 8 feet. It was decided the Town Engineer needs to clarify this matter for the Commission as to whether it is 1008 feet or 1065 feet. Chairman Lentz noted the Commission has 21 days to act on waivers. This should be on the next agenda. Mr. Lambert noted they are proposing a curb width of 22 feet from 24 feet to reduce impact of impervious surfaces. The third waiver is to reduce the inside radius of the cul-de-sac from 55 feet to 50 feet. Chairman Lentz noted he would like to see a letter from Joe Dillon relative to all three of these waivers before the Commission acts on the request. Mr. Lambert noted he believed there was an agreement between the applicant and the Land Trust relative to the Open Space, but it hasn't been finalized yet. Chairman Lentz also reminded Mr. Lambert approvals must be received from the Town Engineer and Code Official (sanitation and fire protection) before an approval can be granted by the Planning & Zoning Commission.

8. Report of Officer's and Subcommittees - none.

Executive Session
Motion by Stull, second by O'Brien, to go into Executive Session for the purpose of discussing pending litigation. PASSED UNANIMOUSLY. The Executive Session was ended at 8:05 PM.

9. Adjournment
There being no further business, the meeting adjourned at 8:06 PM.

Regular Meeting No. 959

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.

2. Minutes of Regular Meeting No. 958 Held May 19, 2009
Motion by Stull, second by Morgan, to approve May 19, 2009 Minutes as written. PASSED UNANIMOUSLY.

3. Visitors
Roger Nemergut noted he was present for an informal discussion regarding two pieces of property on Chestnut Hill Road owned by the Buchanan Family Trust. Mr. Nemergut reviewed the Assessor's Map and location of the property. One parcel is 29 1/2 acres and another contiguous parcel is 33 1/2 acres. The 29 1/2 acre parcel has a portion of about 9 acres that is a mowed field and the only buildable area on the parcel. One of the lots has a barn that was renovated into a house. Mr. Nemergut reviewed the wetlands on the property and access noting he has walked the property with the Wetlands Agency. As a result of the review with the Wetlands Agency, and the fact driveways must be on the same lot that a house is, they are proposing a lot line revision. Nemergut reviewed the proposed lot line revision noting that both lots meet frontage, net buildable area and all zoning requirements. He then noted this property was part of a subdivision back in 1973 and reviewed that subdivision map. The history of that subdivision was reviewed. Chairman Lentz noted he felt this would be a lot line change. Lou Annino asked Mr. Nemergut what his concern was in it being a lot line change. Nemergut replied it was clearly changing lot lines in a subdivision so the proper subdivision paperwork must be brought before the Commission. Nemergut also noted there were pieces pulled out of this subdivision but he really couldn't find any subdivision maps that reflected those changes. Part of the Owl Hollow Subdivision came out of this parcel. Chairman Lentz noted it would be resubdivision only if an additional lot was being created. Mr. Nemergut replied they are not creating a new lot. If the lot line change is approved, the 29 1/2 acre parcel would then be 20 acres and the 33 1/2 acre parcel would then be 42 acres. Mr. Nemergut noted his plan would be come in with a new map showing Lots 2 and 4 and show the conveyance just reviewed.

Eric Greiner, 151 Parker Hill Road, reviewed a proposed Lot Line Change with 6 Parker Hill Road Ext., the reason for which would be to increase his back yard. Mr. Greiner reviewed the proposed lot line change on the map. He noted the house was built in 1973/74 and a variance was obtained for the garage in 1990. It was noted both lots would remain the same size as existing. A possible reconfiguration (straightening) of the lines was suggested by Mr. Annino. Mr. Greiner noted that change would compromise the Simpson property relative to net buildable area. C. Jefferson noted both lots are pre-existing nonconforming lots so therefore there must be an equal swap of land. The soil types that are being swapped are the same so that doesn't change the net buildable area. It was noted the Lot Line Change had been reviewed and approved by the Code Official. Motion by Annino, second by Stull, to approve Lot Line Change between Eric Greiner, 151 Parker Hill Road, and Simpson, 6 Parker Hill Road Ext., as presented and shown on a map dated 4/15/09 by Kenny Associates Inc.. PASSED UNANIMOUSLY.

4. Communications and Bills
(1) Lot Line Change Application from Eric Greiner, 151 Parker Hill Road.

(2) Board of Selectmen Minutes from May 11, 2009 and Notice of Vote from May 26, 2009.

(3) Letter from Jacobson & Associates Inc. to Planning & Zoning Commission dated May 19, 2009 Re White Pines Subdivision, 65 Parker Hill Road Ext., Engineering Review.

(4) Letter from Jacobson & Associates Inc. to Planning & Zoning Commission dated May 28, 2009 Re Sherwood Forest Subdivision, Performance Bond.

(5) Copy of 2009/2010 Budget.

(6) Copy of 2008/2009 Budget through May 31, 2009.

(7) Town of Clinton Planning & Zoning Commission Proposed Amendments to Zoning and Subdivision Regulations, AR09-028 and AR09-029.

(8) Request from Lambert Engineering for Extension of Time dated June 2, 2009 for Subdivision of Property of Michael and Karen Milano, 65 Parker Hill Road Ext.

(9) Copy of map reviewed by Roger Nemergut regarding property on Chestnut Hill Road.

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 has requested an extension of time for making a decision. Motion by Stull, second by Hayash, to approve 65 day extension to August 6, 2009 for White Pines Subdivision, Michael & Karen Milano, 65 Parker Hill Road Ext. PASSED UNANIMOUSLY.

Chairman Lentz noted the Town Engineer's report has been received. There are a couple of things that appear to be fairly serious. The length of the road is 1,065 feet and a waiver was not requested. This will need to be addressed. C. Jefferson noted with the Conservation Subdivision a waiver does not need to be requested, but there must be a valid reason for the length of the road. Lentz also noted there was no sediment and erosion control plan or tree preservation plan.


6. Zoning Enforcement Officer's Report
C. Jefferson noted the Sherwood Forest Bond Reduction has been received because some items have already been completed for public improvements in order to be able to get a Certificate of Occupancy for one of the houses. Hopefully with the return of some of the bond money, the developer can do the final coat of pavement on the road before the end of summer.

C. Jefferson noted there is a new House Bill (that has not passed yet but it is assumed will pass) which changes the statutory requirements for completion of public improvements for subdivisions and special exceptions.

C. Jefferson noted True Value was given a temporary Certificate of Occupancy to open the store. There is still a punch list of items that must be completed including the zoning requirements that have been discussed at recent meetings. Items not completed within 45 days will have to be posted on a bond in order for a permanent Certificate of Occupancy to be issued.

Permit log for the past month was distributed.

True Value Hardware
Tom Cost was present. He noted there were 4 minor issues as far as the Building Inspector was concerned. Two had to do with fire control and have been taken care of. The third one was a letter from the property owner noting he did not want to have an automatic system for filling the fire tank behind the building. The fourth item was a gauge on the fire tank which will be done this week.

Lou Annino asked what the outstanding items were in terms of zoning. C. Jefferson noted one was the lawn, one was the open foundation on the edge of the parking lot (which the Building Inspector is dealing with), the sign and the facade on building #2. Jefferson noted the temporary C.O. was issued today and at the end of 45 days if those items are not done, then a bond must be posted for items not completed in order to receive a permanent C.O.


Chairman Lentz asked what the status of the application before Zoning was. Tom Cost noted the sign has not been completed yet. Lentz noted the sign posts are perpendicular to the road. There was discussion regarding location of signs. Lentz noted if the sign on the road is to be read from both sides, the allowable square footage is 36 feet per side. Mr. Cost agreed. The sign on building #2 was reviewed. It was noted the highest part of the foundation is 25 inches. As plants grow, the foundation will be hidden. Chairman Lentz suggested the foundations be whitewashed. This would then match the white borders on the doors. Some members felt whitewashing would make the foundations stand out even more.

The issue of getting the grass growing was reviewed.

Chairman Lentz reiterated an application must be submitted to the Commission before the 45 days is up otherwise a bond must be posted.

7. New Business - none.

8. Report of Officer's and Subcommittees
Bond Committee Chairman Morgan reviewed the letter from Jacobson & Associates dated May 28, 2009 relative to bond reduction for Sherwood Forest Subdivision. Motion by Morgan, second by Annino, to approve reduction of performance bond for Sherwood Forest Subdivision to $21,700 as recommended by Jacobson & Associates, letter dated May 28, 2009. PASSED UNANIMOUSLY.

Chairman Lentz noted it has been suggested the Commission require electronic submission of site plans and subdivisions. He asked for volunteers for a subcommittee to investigate a new regulation covering electronic submissions. Jim O'Brien and David Gross were appointed to the subcommittee.

9. Executive Session - Pending Litigation
Motion by Stull, second by Annino, to go into Executive Session at 7:47 PM for the purpose of discussing pending litigation. All Commission members were present. The Executive Session adjourned at 8:00 PM.

10. Adjournment
There being no further business, the meeting adjourned at 8:01 PM.