Regular Meeting No. 962
Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino
J. Adametz
P. Stull
D. Gross (seated for E. Hayash)
P. McGuinness (seated for S. Morgan)
PUBLIC HEARING - It is noted for the record a public hearing was held for Special Exception Application #252 submitted by The Dance Corner, LLC for Special Principal Use, Commercial District, for Dance Studio on property owned by Frank & Anthony Esposito, for property located at 206 Route 80, Unit 1, Killingworth, Tax Map 28, Parcel 3, Zone Commercial. This hearing commenced at 7:02 PM and closed at 7:15 PM.
1. Call to Order
T. Lentz called the regular meeting to order at 7:16 PM immediately following the above noted public hearing.
2. Minutes of Regular Meeting No. 961 Held July 7, 2009
Motion by Stull, second by Adametz, to approve July 7, 2009 Regular Meeting Minutes amended as follows -
• Page 1, add J. O'Brien to list of attendee as non-voting alternate.
• Page 1, under 3. Visitors, first paragraph, 3rd sentence should read "For cost reasons, they are proposing the water system and storage tank be in a small building next door rather than in the basement of the dining hall."
• Page 1, under 3. Visitors, first paragraph, 5th sentence should read "The small building would hold three 2500 gallon tanks for water storage."
• Page 5, under 8. Report of Officers and Subcommittees, add sentence to first paragraph "Under the terms of the Stipulation, Jazzercise should vacant the premises by June 7, 2009 and shall pay $8000 to the Town of Killingworth in settlement of attorneys fees."
PASSED UNANIMOUSLY.
3. Visitors - none.
4. Communications and Bills
(1) Subdivision Application #313, Land of Michael & Karen Milano, 2 Lot Subdivision, 65 Parker Hill Road Ext.
(2) Special Exception #253, Modification to Approved Special Exception #248, Connecticut Yankee Council, Boy Scouts of America, 101 Paper Mill Road.
(3) Invoice from Howard and McMillan dated July 9, 2009 in the amount of $1,935.50 for legal services.
(4) Returned envelope to adjacent property owner of The Dance Corner application.
(5) Town of Clinton Planning & Zoning Commission Proposed Amendment to Zoning Regulations AR 09-069 dated July 14, 2009 Re Section 9.25 Farmer's Markets.
(6) Legal Notice Publication and Affidavit of Publication for The Dance Corner LLC.
(7) Copy of letter from Cathie S. Jefferson to Thomas Cost, True Value Hardware dated 7/21/09.
(8) Board of Selectmen Minutes from July 13, 2009.
(9) Inland Wetlands & Watercourses Commission Minutes from July 14, 2009.
(10) Original letter from Connecticut River Estuary Regional Planning Agency dated July 7, 2009 Re Section 500, Signage.
(11) Copy of Bank Check in the amount of $3000 to Town of Killingworth Re Attorney's Fees for Jazzercise Litigation.
(12) Letter from Dirck Goss, Waldo & Assoc. LLC to Cathy Jefferson, ZEO, dated July 14, 2009 Re Withdrawal of Killingworth Commons Special Exception Application.
(13) Copy of letter from R. E. Leighton, Code Official, to Rebecca M. Wahl dated July 10, 2009 Re Notice of Violation, Unauthorized Drainage.
(14) Copy of letter from R. E. Leighton, Code Official, to Adolf & Juliana Shemmerling dated July 12, 2009 Re Municipal Drainage Concerns.
(15) Notice of Rockfall Symposium to be held on October 9, 2009.
(16) Memo from R. E. Leighton, Code Official, to Planning & Zoning Commission dated July 18, 2009 Re The Dance Corner, Fire Protection Review/Health Department Review.
5. Old Business
() Timber Harvest - property of Rose Dudek, 71 Tower Hill Road, Map 34, Lot 9 & 41
Cathie Jefferson reviewed her site walk of this property. She noted the crossings were located where they would cause the least amount of damage. The applicant is also aware the Town has a policy of holding a $1500 bond for each landing that comes out on a town road. This is a 75 acre parcel with the harvest area being 38 acres. Chairman Lentz asked when the work would be done. Peter Lesmerises from Peter Marlowe Forest Products LLC indicated the work would be done when everything dries out (or is frozen), probably some time in the fall. Motion by Adametz, second by Stull, to approve Timber Harvest application for Rose Dudek, 71 Tower Hill Road as presented. PASSED UNANIMOUSLY.
(b) Special Exception #251 - Advanced Restorations, 183 Route 81, Amendment to #215 - public hearing scheduled for August 20, 2009
Chairman Lentz noted a letter of withdrawal was received regarding this application and there is no need for a public hearing.
(c) Special Exception #252 - The Dance Corner, 206 Route 80, Map 28, Lot 3
Chairman Lentz noted a public hearing was held prior to this meeting. There were no objections. Motion by Stull, second by Gross, to approve Special Exception #252, The Dance Corner as presented. Discussion followed. It was noted there is a verbal agreement with the adjacent tenant to not start classes until 4:00 PM. It was felt this did not need to be a condition of approval as the hours are listed in the application. L. Annino asked if there was a way to re-evaluate the traffic flow should the need arise. C. Jefferson pointed out in order to install exit/entrance signs on the road, permission would need to be obtained from the State as this is a State Highway. The traffic flow within the property seems to be working fine. The above motion was modified as follows to include a condition. Motion by Stull, second by Gross, to approve Special Exception #252, The Dance Corner as presented with the condition that traffic will be monitored and if a problem occurs, steps will be taken to correct it. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer's Report
C. Jefferson noted the 60 day temporary Certificate of Occupancy for True Value Hardware expires on August 2, 2009. Pending items are 1) an application was going to be made to the Planning & Zoning Commission for changes to building #2 and approval of sign design changes. No application has been received to date. Nor has the open foundation for building #3 been covered or fenced as previously discussed. Joe Dillon, Town Engineer, will do a final inspection prior to August 2nd. If these items are not taken care of by August 2, 2009, this work will have to be bonded in order to get a permanent Certificate of Occupancy.
C. Jefferson noted an inspection was done at Running Brook Farms by herself, Richard Leighton, the Water Company and Inland Wetlands & Watercourses Commission. It was determined there is no manure on the site, only organic compost. There is no run off or leaching anywhere. Jefferson explained the intermittent smell for a day or two occurs when the pile is disturbed. There are no violations.
C. Jefferson noted a Cease & Desist Order was issued for the illegal apartment on Jay Dowd Road. The property owner has filed an appeal of the Order and requested a variance of the Zoning Board of Appeals. Jefferson noted the kitchen facilities have been removed, advertising of the apartment withdrawn and a letter received from the property owner that it will not be rented without approval from the Town. An inspection was done and the Cease & Desist Order will be withdrawn as the property is now in compliance. The property owner will probably move forward with the variance request. The Commission asked Ms. Jefferson to attend the ZBA meeting when said variance comes before that Board.
7. New Business
(a) Subdivision Application #313, Michael & Karen Milano, 2 Lot Subdivision, 65 Parker Hill Road
Paul Lambert represented the applicant for this new 2 Lot Subdivision Application. It was noted the prior 6 lot subdivision application was withdrawn. Mr. Lambert noted this new application consisted of 9.15 acres leaving the remaining existing house lot encompassing the existing conservation easement of 66.78 acres. He reviewed the site development grading plan including the open field area and the driveway. The driveway would be paved for at least 300 feet. Lambert noted that Mr. Milano was asking whether the driveway could be oiled stone dust chips rather than bituminous concrete. The stone dust chip is more attractive, but at the same time much more expensive. L. Annino suggested this question be brought before the Town Engineer to see if it meets the Town specifications. D. Gross brought up the concern about drainage. Chairman Lentz noted the Town Engineer will review the drainage situation and advise of any concerns. The house, septic and well locations were reviewed, as were limits of disturbance.
There was discussion regarding waiver of fees. Mr. Lambert noted the applicant has requested a waiver of application fees due to the fact a substantial application fee was submitted for the previous application that has now been withdrawn.
Mr. Lambert noted he has notified the Water Company that this application is within the watershed area. He also resubmitted a copy of the letter from Nick Bellantoni, Connecticut State Archaeologist, for the previous application dated May 7, 2009 requesting it be made a part of this record as well.
There was discussion regarding the required Tree Preservation Plan. Chairman Lentz noted significant trees should be shown on the Plan and how they are going to be treated or protected. L. Annino indicated a note could also be added to the Plan stating there is no cutting beyond the disturbed area, if that is the case.
There was discussion regarding an easement in favor of Lot 2 for an existing horse trail. C. Jefferson noted the Land Trust would have to agree to that and it could be a separate matter between the Land Trust and the Milanos.
There was a brief discussion regarding the filing of maps and maps superceding one another.
Mr. Lambert indicated a note was added to the Plan stating that any further proposal for subdivision of Lots 1 and 2 would have to meet the subdivision requirements for Open Space. Chairman Lentz stated that was not the proper wording and suggested the following - "In the event Lot 1 be subdivided, the 66.79 acres under a Conservation Easement in favor of the Killingworth Land Conservation Trust, shall be dedicated in fee as Open Space to an exempt organization approved by the Planning & Zoning Commission."
Chairman Lentz noted the following reviews are still pending - Wetlands, Code Official and Town Engineer.
Motion by Annino, second by Gross, to waive application fee for Subdivision Application #313, Michael & Karen Milano. PASSED UNANIMOUSLY.
(b) Special Exception #253, Amendment to Special Exception #248, Connecticut Yankee Council, Boy Scouts of America, 101 Paper Mill Road
Bob Tucker from Huestis-Tucker noted this was an amendment to Special Exception #248 for a small shed building (with garage doors) for water storage tanks and pumping equipment necessitated by the extensive costs for construction of a basement. The site plan and plans for the shed building were reviewed. Mr. Tucker noted this was just a slab on grade and if a leak should occur, water would just run out under the garage doors. It was noted there would be no purification equipment. Chairman Lentz noted the Wetlands Commission has already given their approval. C. Jefferson noted no other local approvals are required because everything else goes to the State for approval. Mr. Tucker noted they are still waiting on State approval. Motion by Annino, second by Adametz, to approve Special Exception #253, Modification to Special Exception #248 for Connecticut Yankee Council, Boy Scouts of America to include small outbuilding to house three 2500 gallon water storage tanks. PASSED UNANIMOUSLY.
8. Report of Officer's and Subcommittees - none.
9. Adjournment
There being no further business, the meeting adjourned at 8:15 PM.
L. Annino
J. Adametz
P. Stull
D. Gross (seated for E. Hayash)
P. McGuinness (seated for S. Morgan)
PUBLIC HEARING - It is noted for the record a public hearing was held for Special Exception Application #252 submitted by The Dance Corner, LLC for Special Principal Use, Commercial District, for Dance Studio on property owned by Frank & Anthony Esposito, for property located at 206 Route 80, Unit 1, Killingworth, Tax Map 28, Parcel 3, Zone Commercial. This hearing commenced at 7:02 PM and closed at 7:15 PM.
1. Call to Order
T. Lentz called the regular meeting to order at 7:16 PM immediately following the above noted public hearing.
2. Minutes of Regular Meeting No. 961 Held July 7, 2009
Motion by Stull, second by Adametz, to approve July 7, 2009 Regular Meeting Minutes amended as follows -
• Page 1, add J. O'Brien to list of attendee as non-voting alternate.
• Page 1, under 3. Visitors, first paragraph, 3rd sentence should read "For cost reasons, they are proposing the water system and storage tank be in a small building next door rather than in the basement of the dining hall."
• Page 1, under 3. Visitors, first paragraph, 5th sentence should read "The small building would hold three 2500 gallon tanks for water storage."
• Page 5, under 8. Report of Officers and Subcommittees, add sentence to first paragraph "Under the terms of the Stipulation, Jazzercise should vacant the premises by June 7, 2009 and shall pay $8000 to the Town of Killingworth in settlement of attorneys fees."
PASSED UNANIMOUSLY.
3. Visitors - none.
4. Communications and Bills
(1) Subdivision Application #313, Land of Michael & Karen Milano, 2 Lot Subdivision, 65 Parker Hill Road Ext.
(2) Special Exception #253, Modification to Approved Special Exception #248, Connecticut Yankee Council, Boy Scouts of America, 101 Paper Mill Road.
(3) Invoice from Howard and McMillan dated July 9, 2009 in the amount of $1,935.50 for legal services.
(4) Returned envelope to adjacent property owner of The Dance Corner application.
(5) Town of Clinton Planning & Zoning Commission Proposed Amendment to Zoning Regulations AR 09-069 dated July 14, 2009 Re Section 9.25 Farmer's Markets.
(6) Legal Notice Publication and Affidavit of Publication for The Dance Corner LLC.
(7) Copy of letter from Cathie S. Jefferson to Thomas Cost, True Value Hardware dated 7/21/09.
(8) Board of Selectmen Minutes from July 13, 2009.
(9) Inland Wetlands & Watercourses Commission Minutes from July 14, 2009.
(10) Original letter from Connecticut River Estuary Regional Planning Agency dated July 7, 2009 Re Section 500, Signage.
(11) Copy of Bank Check in the amount of $3000 to Town of Killingworth Re Attorney's Fees for Jazzercise Litigation.
(12) Letter from Dirck Goss, Waldo & Assoc. LLC to Cathy Jefferson, ZEO, dated July 14, 2009 Re Withdrawal of Killingworth Commons Special Exception Application.
(13) Copy of letter from R. E. Leighton, Code Official, to Rebecca M. Wahl dated July 10, 2009 Re Notice of Violation, Unauthorized Drainage.
(14) Copy of letter from R. E. Leighton, Code Official, to Adolf & Juliana Shemmerling dated July 12, 2009 Re Municipal Drainage Concerns.
(15) Notice of Rockfall Symposium to be held on October 9, 2009.
(16) Memo from R. E. Leighton, Code Official, to Planning & Zoning Commission dated July 18, 2009 Re The Dance Corner, Fire Protection Review/Health Department Review.
5. Old Business
() Timber Harvest - property of Rose Dudek, 71 Tower Hill Road, Map 34, Lot 9 & 41
Cathie Jefferson reviewed her site walk of this property. She noted the crossings were located where they would cause the least amount of damage. The applicant is also aware the Town has a policy of holding a $1500 bond for each landing that comes out on a town road. This is a 75 acre parcel with the harvest area being 38 acres. Chairman Lentz asked when the work would be done. Peter Lesmerises from Peter Marlowe Forest Products LLC indicated the work would be done when everything dries out (or is frozen), probably some time in the fall. Motion by Adametz, second by Stull, to approve Timber Harvest application for Rose Dudek, 71 Tower Hill Road as presented. PASSED UNANIMOUSLY.
(b) Special Exception #251 - Advanced Restorations, 183 Route 81, Amendment to #215 - public hearing scheduled for August 20, 2009
Chairman Lentz noted a letter of withdrawal was received regarding this application and there is no need for a public hearing.
(c) Special Exception #252 - The Dance Corner, 206 Route 80, Map 28, Lot 3
Chairman Lentz noted a public hearing was held prior to this meeting. There were no objections. Motion by Stull, second by Gross, to approve Special Exception #252, The Dance Corner as presented. Discussion followed. It was noted there is a verbal agreement with the adjacent tenant to not start classes until 4:00 PM. It was felt this did not need to be a condition of approval as the hours are listed in the application. L. Annino asked if there was a way to re-evaluate the traffic flow should the need arise. C. Jefferson pointed out in order to install exit/entrance signs on the road, permission would need to be obtained from the State as this is a State Highway. The traffic flow within the property seems to be working fine. The above motion was modified as follows to include a condition. Motion by Stull, second by Gross, to approve Special Exception #252, The Dance Corner as presented with the condition that traffic will be monitored and if a problem occurs, steps will be taken to correct it. PASSED UNANIMOUSLY.
6. Zoning Enforcement Officer's Report
C. Jefferson noted the 60 day temporary Certificate of Occupancy for True Value Hardware expires on August 2, 2009. Pending items are 1) an application was going to be made to the Planning & Zoning Commission for changes to building #2 and approval of sign design changes. No application has been received to date. Nor has the open foundation for building #3 been covered or fenced as previously discussed. Joe Dillon, Town Engineer, will do a final inspection prior to August 2nd. If these items are not taken care of by August 2, 2009, this work will have to be bonded in order to get a permanent Certificate of Occupancy.
C. Jefferson noted an inspection was done at Running Brook Farms by herself, Richard Leighton, the Water Company and Inland Wetlands & Watercourses Commission. It was determined there is no manure on the site, only organic compost. There is no run off or leaching anywhere. Jefferson explained the intermittent smell for a day or two occurs when the pile is disturbed. There are no violations.
C. Jefferson noted a Cease & Desist Order was issued for the illegal apartment on Jay Dowd Road. The property owner has filed an appeal of the Order and requested a variance of the Zoning Board of Appeals. Jefferson noted the kitchen facilities have been removed, advertising of the apartment withdrawn and a letter received from the property owner that it will not be rented without approval from the Town. An inspection was done and the Cease & Desist Order will be withdrawn as the property is now in compliance. The property owner will probably move forward with the variance request. The Commission asked Ms. Jefferson to attend the ZBA meeting when said variance comes before that Board.
7. New Business
(a) Subdivision Application #313, Michael & Karen Milano, 2 Lot Subdivision, 65 Parker Hill Road
Paul Lambert represented the applicant for this new 2 Lot Subdivision Application. It was noted the prior 6 lot subdivision application was withdrawn. Mr. Lambert noted this new application consisted of 9.15 acres leaving the remaining existing house lot encompassing the existing conservation easement of 66.78 acres. He reviewed the site development grading plan including the open field area and the driveway. The driveway would be paved for at least 300 feet. Lambert noted that Mr. Milano was asking whether the driveway could be oiled stone dust chips rather than bituminous concrete. The stone dust chip is more attractive, but at the same time much more expensive. L. Annino suggested this question be brought before the Town Engineer to see if it meets the Town specifications. D. Gross brought up the concern about drainage. Chairman Lentz noted the Town Engineer will review the drainage situation and advise of any concerns. The house, septic and well locations were reviewed, as were limits of disturbance.
There was discussion regarding waiver of fees. Mr. Lambert noted the applicant has requested a waiver of application fees due to the fact a substantial application fee was submitted for the previous application that has now been withdrawn.
Mr. Lambert noted he has notified the Water Company that this application is within the watershed area. He also resubmitted a copy of the letter from Nick Bellantoni, Connecticut State Archaeologist, for the previous application dated May 7, 2009 requesting it be made a part of this record as well.
There was discussion regarding the required Tree Preservation Plan. Chairman Lentz noted significant trees should be shown on the Plan and how they are going to be treated or protected. L. Annino indicated a note could also be added to the Plan stating there is no cutting beyond the disturbed area, if that is the case.
There was discussion regarding an easement in favor of Lot 2 for an existing horse trail. C. Jefferson noted the Land Trust would have to agree to that and it could be a separate matter between the Land Trust and the Milanos.
There was a brief discussion regarding the filing of maps and maps superceding one another.
Mr. Lambert indicated a note was added to the Plan stating that any further proposal for subdivision of Lots 1 and 2 would have to meet the subdivision requirements for Open Space. Chairman Lentz stated that was not the proper wording and suggested the following - "In the event Lot 1 be subdivided, the 66.79 acres under a Conservation Easement in favor of the Killingworth Land Conservation Trust, shall be dedicated in fee as Open Space to an exempt organization approved by the Planning & Zoning Commission."
Chairman Lentz noted the following reviews are still pending - Wetlands, Code Official and Town Engineer.
Motion by Annino, second by Gross, to waive application fee for Subdivision Application #313, Michael & Karen Milano. PASSED UNANIMOUSLY.
(b) Special Exception #253, Amendment to Special Exception #248, Connecticut Yankee Council, Boy Scouts of America, 101 Paper Mill Road
Bob Tucker from Huestis-Tucker noted this was an amendment to Special Exception #248 for a small shed building (with garage doors) for water storage tanks and pumping equipment necessitated by the extensive costs for construction of a basement. The site plan and plans for the shed building were reviewed. Mr. Tucker noted this was just a slab on grade and if a leak should occur, water would just run out under the garage doors. It was noted there would be no purification equipment. Chairman Lentz noted the Wetlands Commission has already given their approval. C. Jefferson noted no other local approvals are required because everything else goes to the State for approval. Mr. Tucker noted they are still waiting on State approval. Motion by Annino, second by Adametz, to approve Special Exception #253, Modification to Special Exception #248 for Connecticut Yankee Council, Boy Scouts of America to include small outbuilding to house three 2500 gallon water storage tanks. PASSED UNANIMOUSLY.
8. Report of Officer's and Subcommittees - none.
9. Adjournment
There being no further business, the meeting adjourned at 8:15 PM.
