Regular Meeting No. 964

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

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

2. Minutes of Regular Meeting No. 963 Held August 4, 2009
Motion by Stull, second by Adametz, to approve August 4, 2009 Minutes as presented. PASSED UNANIMOUSLY.

3. Visitors
(a) Dean Bochanis, 183 Route 81 - discussion re site plan
This item was discussed later in the meeting when Mr. Bochanis arrived.

4. Communications and Bills
(a) Letter from N. L. Jacobson & Associates Inc. to Planning & Zoning Commission, dated August 18, 2009, Re: White Pines Subdivision, 65 Parker Hill Road Extension, Engineering Review.

(b) Water Pollution Control Authority Minutes of July 1, 2009.

(c) Invoices from Howard and McMillan in the amounts of $31.00 and $1,427.50.

(d) Affidavit of Publication and Legal Notice Publication from meeting of July 21, 2009.

(e) Copy of final payment from Jazzercise litigation.

(f) Letter from Connecticut Water Company to Planning & Zoning Commission dated August 4, 2009 Re 65 Parker Hill Road Extension.

(g) Notice from Clinton Planning & Zoning Commission to Town Clerk dated July 28, 2009 Re Petition to Amend Zoning Regulations, AR 09-083.

(h) Notice from Clinton Planning & Zoning Commission to Town Clerk dated August 3, 2009 Re Petition to Amend the Regulations, AR 09-087.

(i) Revised Site Plan dated August 18, 2009 for Subdivision Application #313, Michael & Karen Milano.

(j) Copy of letter from Richard E. Leighton, Agent for the Health Director, to Fedus Engineering LLC dated August 15, 2009 Re Lot 1 & Lot 2 Cowboy Valley Subdivision, Route 81, Review and Comment.

(k) Copy of letter from R. E. Leighton, Code Official, to Rebecca M. Wahl, dated August 15, 2009 Re Notice of Violation, Unauthorized Drainage, Satisfactory Compliance.

(l) Copy of letter from R. E. Leighton, Code Official, to Planning & Zoning Commission, dated August 15, 2009, Re Special Exception Application, Chocolate Nails & Spa, Fire Protection Review/Health Department Review.

(m) Copy of letter from R. E. Leighton, Code Official, to Planning & Zoning Commission, dated August 15, 2009, Re Proposed 2 Lot S/D, 65 Parker Hill Road Extension, Review & Comments, Fire Protection Review/Health Department Review.

5. Old Business
(a) Subdivision Application #313, Michael & Karen Milano, 2 Lot Subdivision, 65 Parker Hill Road Ext.
Paul Lambert from Lambert Engineering was present. He submitted revised site plans dated August 18, 2009 and reviewed the same. Lambert indicated Note 16 was added to the Site Plan regarding Open Space. He also noted the 12 foot width driveway dimension was added to the plan as requested by the Town Engineer. He stated the drainage from the driveway would be sheet flow over the grassy surfaces. The Location Map was also corrected to show the site location and the correct location for the north arrow. Motion by Stull, second by Hayash, to approve Subdivision Application #313, Michael & Karen Milano, 2 Lot Subdivision, 65 Parker Hill Road Ext. per the revised site plan dated 8/18/09. PASSED UNANIMOUSLY.

(b) Special Exception #255 for Nail Salon, 184 Route 81, Building #2,
Unit 4, Wha Soon Jee, applicant - public hearing scheduled for September 1, 2009
Chairman Lentz noted a public hearing has been scheduled for Tuesday, September 1, 2009 at the Killingworth Town Office Building, 323 Route 81, Killingworth at 7:00 PM.

6. Zoning Enforcement Officer's Report
No report was available due to the ZEO's absence.

P. Stull noted the Killingworth Village had an approved second entrance for emergency purposes at the back of the complex. A fence has now been erected in front of this entrance so the gate can't be used by the Fire Department in the event of an emergency. Chairman Lentz noted the ZEO will look into this matter.

7. New Business - none.

8. Report of Officers and Subcommittees
Chairman Lentz noted the Commission has talked about amending the Town Plan to add the Park & Recreation Master Plan dated May 12. 2008. Lentz noted he will contact Dan Colonia, Chairman of Park & Rec., to see whether this Plan needs to be updated before this moves forward.

The question was raised as to whether the new Town Hall plans effect the Town Centre Plan that was previously approved at Town Meeting. It was noted the Wetlands Regulations have changed since that approval.

3. Visitors
(a) Dean Bochanis, 183 Route 81 - discussion re site plan
Dean Bochanis was present to preliminarily discuss a new proposed site plan for 183 Route 81. He indicated he has already reviewed these items with Cathie Jefferson, ZEO. The changes would include the following. A lean-to shed (18' x 12') attached to the building to store hay for Killingworth Feed. The shed would not protrude any closer to the wetlands than the existing one. Bochanis noted the parking in the back had been eliminated. There was discussion regarding the pavers. Other items added to the plan were an extra handicap parking spot (making 2), trees and a fire lane requested by Richard Leighton, Code Official. P. Stull asked how many parking spaces were existing. Bochanis replied 25. Chairman Lentz asked how many parking spaces were now proposed. Bochanis replied 29. It was pointed out there were notes on the plan regarding a parking summary and the pavers. Bochanis also stated Dogwoods were added in front of the building. Chairman Lentz confirmed the parking in the back had been eliminated and parking added on the side. Bochanis stated that was correct. There was discussion regarding the fact that as units are leased out, parking spaces should be assigned to each one. P. Stull noted the parking was being expanded because of the elimination of the landscaping, and the Zoning Regulations call for landscaping. The trees should be in the front of the building where originally approved. Stull noted for every number of spaces there must be square footage of landscaping within the parking spaces. It was noted there should be an island and planters along the front. Bochanis thought the sidewalk was a little tight for planters but maybe they could go on the pavement to protect the building. Paul McGuinness suggested highlighting the site plan to differentiate between what is existing and what is being proposed. All copies of the preliminary site plan were returned to the property owner. Chairman Lentz noted a completed application should be submitted to the ZEO for review and completeness before coming before the Commission.


9. Adjournment
There being no further business, the meeting adjourned at 7:50 PM.

Regular Meeting No. 963

Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino
S. Morgan
J. Adametz
E. Hayash
P. Stull
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. 962 Held July 21, 2009
Motion by Stull, second by Hayash, to approve July 21, 2009 amended by noting that Phil Stull recused himself from Special Exception #253, Amendment to Special Exception #248, Connecticut Yankee Council, Boy Scouts of America, 101 Paper Mill Road.

3. Visitors - none.

4. Communications and Bills
(1) Special Exception Application #254, Amendment to Special Exception #231, Killingworth Center LLC.

(2) Special Exception Application #255, Wha Son Jee, for Nail Salon.

(3) Letter from Milano Family Trust to Killingworth Board of Selectmen dated July 27, 2009 requesting refund of Road Fees in the amount of $5000.

(4) Memo from First Selectman Cabral to All Departments, Commissions, Committees, etc. dated July 24, 2009, Re Development of Killingworth Municipal Website.

(5) Letter from Cathie S. Jefferson to Elizabeth Cooney dated 7/23/09 Re Withdrawal of Cease & Desist Order for Illegal Apartment.

(6) Letters from R. E. Leighton, Agent for the Health Director, to Henry Cooney Company dated July 12, 2009, Re Incomplete Pumpout Reports for 223 River Road, 86 Chestnut Hill Road, 209 River Road, 21 Maple Hill Road.

(7) Original Memo from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission, dated July 18, 2009, Re The Dance Corner Special Exception, Fire Protection Review/Health Department Review.

(8) Affidavit of Publication for Killingworth Zoning Regulations, Signage, Notice of Decision.

5. Old Business
(a) Subdivision Application #313, Michael & Karen Milano, 2 Lot Subdivision, 65 Parker Hill Road Ext.
Paul Lambert from Lambert Engineering was present. He distributed copies of a revised plan dated 8/4/09 showing the relocation of the driveway access as a result of concerns from the last meeting of water coming straight down the driveway to Parker Hill Road. This relocation decreases the gradient substantially thereby eliminating the need to pave the driveway. It was agreed the Open Space wording suggested by the Commission would be inserted on the site plan.

Lou Annino noted at the last meeting the Commission voted to waive the application fee for this application due to the fact the first application had been withdrawn. He questioned why the applicant was now requesting a refund of $5000. C. Jefferson noted the refund pertains to the $5000 which relates to road inspection fees. This second application has no road. The Subdivision Application fees were reviewed. Mr. Annino noted he wanted to be sure the Town isn't out of pocket for any expenses relating to this application. This will be determined when all bills are submitted and before the refund is issued.

6. Zoning Enforcement Officer's Report
C. Jefferson gave a status update relative to Elizabeth Cooney and the illegal apartment.

C. Jefferson reported that Gene Gargiuolo is intending to clear the area that was going to be for Building #2 at the Pharmedica complex. The Wetlands permit is still in place, however, the Special Exception permit from Planning & Zoning has expired. Mr. Gargiuolo is aware he can't build anything but is going to clear an area outside the regulated wetlands area. Nothing will be removed from the site. Jefferson noted there isn't anything in the regulations that says one cannot cut down the trees, and she made it very clear that nothing can be removed from the site without an earth removal permit. It was noted there are no current regulations pertaining to pre-site work.

Permit log was distributed.

7. New Business
(a) Special Exception #254, Amendment to Special Exception #231, True Value Hardware, 228
Route 81
Tom Cost was present. A revised site plan was submitted showing the relocation of the sign (sideways) along with the drawing with the dimensions and the pictures. A building design showing the foundation (with the landscaping) and the cupola was also submitted. Chairman Lentz confirmed the total size of the sign is 72 square feet with 36 square feet on each side. Mr. Cost agreed he was aware of the size. Mr. Stull asked about the status of the snow fence installed at the foundation. C. Jefferson noted the decision regarding what is safe pertaining to that matter is a separate issue and will be made by the Town Engineer and Mr. Leighton. Mr. Cost noted Building #3 probably won't start until next Spring. Mr. Stull wanted to make sure no one drove into the foundation. Motion by Stull, second by Hayash, to approve Special Exception #254, Amendment to Special Exception #231, True Value Hardware, as submitted. PASSED UNANIMOUSLY.

(b) Special Exception #255 for Nail Salon, 184 Route 81, Building #2, Unit 4, Wha Son Jee, applicant
A public hearing was scheduled for September 1, 2009.

8. Report of Officer's and Subcommittees
Chairman Lentz noted one thing that has been discussed recently was adding the Town Centre Plan and the Master Plan for Park & Recreation to the Town of Killingworth Plan of Conservation and Development. It was agreed this should be pursued.

9. Adjournment
There being no further business, the meeting adjourned at 7:35 PM.