Tuesday, September 15, 2009

Regular Meeting of No. 966

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 of No. 965 Held September 1, 2009
Motion by Annino, second by Hayash, to approve September 1, 2009 Minutes amended as follows -
• Page 3, under 7(a) Special Exception #256, change first sentence to read "It was noted this application has already received wetlands approval."
PASSED UNANIMOUSLY.

3. Visitors
(a) Dan Colonia, Park & Recreation Commission
Glen Johnson, representative from Park & Recreation Commission, noted he was present to update the Commission on the development of the Wettish property. The multi-purpose fields are under construction and it is hoped to be completed by November. The next goal is to construct the baseball field and he reviewed those plans. Johnson noted this field would encroach on the buffer area of the wetlands. He reviewed mitigation steps relative to this encroachment. Mr. Annino noted he would like to know how this plan fits into the entire strategic plan for all the town fields. There was discussion regarding preservation of stone walls. Eric Auer pointed out the fact the property line was not the stone walls. Phil Stull noted recreation in Killingworth is for kids only, there is nothing for adults. Lou Annino stated there is passive recreation in the State Park and State Forest. The Town of Killingworth does not have enough fields. There was discussion relative to when Sheldon Park would be redone. Johnson noted walking trails are included in the original and on-going Wettish design. Stull stated he would like to see a more balanced approach and more diversity including adult recreation facilities. Eric Auer noted the STEAP Grant dictates that these funds be used on the fields at Sheldon and Wettish. There was further discussion regarding stone walls. Messrs. Annino and Lentz noted that if stone walls are removed, they must be replaced somewhere else. Parking was reviewed. Phil Stull noted the new and existing parking should be contiguous. Dan Colonia pointed out the fact that ledge might impact the location of the field. Blasting was reviewed. Chairman Lentz asked the Park & Recreation Commission to come back with a couple of options that include the preservation of stone walls.

4. Communications and Bills
(1) Special Exception Application #257, Town of Killingworth, Addition to Town Hall, 323 Route 81, Killingworth.

(2) Invoice from Howard & McMillan in the amount of $4,746.40 for legal services relative to pending litigation.

(3) Legal Notice Publication and Affidavit of Publication Re Approval of Subdivision Application #313, Michael & Karen Milano.

(4) Copy of letter from R. E. Leighton, Agent to Health Director, to Anderson Bros. Sanitation & Excavating, dated September 9, 2009, Re F. Jameson, Pump Out Reporting.

(5) Copy of letter from R. E. Leighton, Agent to Health Director, to Fedus Engineering, LLC, dated September 9, 2009, Re Lot 1 & Lot 2 Cowboy Valley Subdivision, Revised Review & Approvals.

(6) Memo from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission, dated 09/12/2009, Re 183-184 Route 81, Fire Protection Review.

(7) Inland Wetlands & Watercourses Commission Minutes from September 8, 2009.

(8) Notice of Twenty-Third Annual Rockfall Symposium (Green Light for Our Economy) to be held on October 9, 2009 at Middlesex Community College.

5. Old Business
(a) Special Exception #256, Amendment to Special Exception #215 Killingworth Country Commons, 183 Route 81, Map 33 Lot 21E, Dean Bochanis - applicant - public hearing scheduled for October 6, 2009.
Chairman Lentz noted the public hearing for this application is October 6, 2009.

6. Zoning Enforcement Officer's Report
C. Jefferson reviewed the issue of commercial trucks being stored in a back yard. Attorney Howard sent the property owner a certified letter which was refused. A regular letter was also sent stating the owner had to contact the ZEO by September 22nd to arrange for getting rid of the trucks. Attorney Howard asked if the Commission wanted to go for a temporary injunction. C. Jefferson recommended giving this some more time as there are foreclosure and repossession proceedings going on. She will follow up on this matter.

C. Jefferson noted she wrote a letter to the Zoning Board of Appeals with accompanying documents regarding the Elizabeth Cooney variance application.

C. Jefferson noted the owner of Killingworth Village has contacted Dick Leighton to remedy the violation of the fence and propane tank.

C. Jefferson noted she obtained the road inspection fees from the Town Engineer and the Board of Selectmen will be issuing a refund of an appropriate amount.


7. New Business
(a) Special Exception #257 - Town of Killingworth, 323 Route 81, Map 24, Lot 7 - Addition to Town Hall.
Dick Leighton noted the addition to the Town Hall is 12 x 20 off the front of the building and will face Route 81. One objective is to get rid of the hump outside the Town Clerk's Office. Leighton reviewed the expansion to the Town Clerk's Office. He noted once this addition is done, the Town Office Building Committee will then look at what to do with the "trailers" at the back of the building. The budget for this addition is $135,000 which Mr. Leighton thought was low. He explained the new foundation would be stone faced with the existing stone on the south wall which will be hidden. Mr. Leighton noted the Land Use Office will be the general contractor for this project and there will be separate contractors for each part (foundation, mechanical, electrical, etc.). There was discussion as to whether or not there would be a shingled roof. This will not be determined until the project is laid out and the foundation is in. Motion by Stull, second by Annino, to approve Special Exception #257, Town of Killingworth, Addition to Town Hall as presented. PASSED UNANIMOUSLY.

8. Report of Officer's and Subcommittees
Chairman Lentz distributed a Park & Recreation Master Plan matrix. There was discussion regarding spot zoning. Lentz noted their Master Plan has already been adopted, but there have been changes. Lou Annino asked that Park & Recreation present the revised version of the Plan and explain the differences/changes. It was agreed any changes must be consistent with the original plan and strategy. Stull noted the original plan should be used as a bench mark. C. Jefferson noted this document was really a working document as the Master Plan has already been adopted. Lou Annino noted Park & Rec should make their presentations in context with the Park & Recreation strategy that has already been included in the Town Plan.

Chairman Lentz asked if the Commission wants to go ahead with the Town Centre Plan. It was agreed it should be included as this has already been approved at Town Meeting. Lentz suggested amending the Town Plan every few years rather than start from scratch every 10 years.

8. Adjournment
There being no further business, the meeting was adjourned at 8:00 PM.

Tuesday, September 01, 2009

Regular Meeting No. 965

It is noted for the record a public hearing was held for Special Exception Application #255 for Nail Salon, 184 Route 81, Building #2, Unit 4, Wha Soon Jee, applicant. Hearing commenced at 7:00 PM and closed at 7:10 PM.

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

1. Call to Order
T. Lentz called the meeting to order at 7:12 PM immediately following the above noted public hearing.

2. Minutes of Regular Meeting No. 964 Held August 18, 2009
Motion by Hayash, second by Annino, to approve August 18, 2009 Minutes as written. PASSED UNANIMOUSLY.

3. Visitors - none.

4. Communications and Bills
(1) Special Exception #256, Amendment to Special Exception #215, Killingworth Country Commons, Shirlee Bochanis (owner), 183 Route 81, Killingworth.

(2) Letter from Cathie S. Jefferson to Killingworth Congregational Church dated 8/20/09 Re Commercial Businesses.

(3) Amended WPCA Regular Meeting Minutes from July 1, 2009.

(4) Regular WPCA Meeting Minutes from August 5, 2009.

(5) Affidavit of Publication for Notice of Decision for Special Exception Applications #252 and #253.

(6) Affidavit of Publication and Legal Notice Publication for Notice of Public Hearing for Special Exception #255.

(7) Copy of Planning & Zoning Budget as of 9/1/09.

(8) Memo from Richard J. Cabral, First Selectman, Re Inappropriate Conduct in the Town Office Building.

5. Old Business
(a) Special Exception #255 for Nail Salon, 184 Route 81, Building #2, Unit 4, Wha Soon Jee, applicant.
Motion by Annino, second by Hayash, to approve Special Exception #255, Chocolate Nails & Spa submitted by Wha Soon Jee as presented. PASSED UNANIMOUSLY.

6. Zoning Enforcement Officer's Report
C. Jefferson reported on the following items -

1. The Land Use Academy is holding training sessions for Commission members. September 26th at the Litchfield County Extension Center on the UConn Torrington Campus and November 14th at the Middlesex County Extension Center in Haddam.

2. Permit log for August was distributed.

3. Attorney William Howard will be filing the legal brief tomorrow in the Limmerick Farms pending litigation.

4. Information was forwarded to Attorney Howard regarding the illegal storage of commercial vehicles at 202 Old Deep River Turnpike for further action.

5. The Cease & Desist Order for the illegal accessory apartment on Jay Dowd Road was withdrawn. The property owner withdrew the original appeal of the Order and the variance request. A new variance application has been submitted and will be heard by the Zoning Board of Appeals on September 28th. Chairman Lentz noted C. Jefferson should send a letter to the ZBA stating that this use is not permitted in detached buildings referencing the specific section of the Zoning Regulations.

6. C. Jefferson and R. Leighton looked at the fence situation at Killingworth Village mentioned at the last meeting. Mr. Leighton noted this gate was not for vehicular access but to allow emergency personnel access with hoses. It was also noticed the bollards are missing in front of the propane tanks. C. Jefferson will write a letter to the property owner. R. Leighton will also be following up on this matter.

7. New Business
(a) Special Exception #256, Amendment to Special Exception #215 Killingworth Country Commons, 183 Route 81, Map 33, Lot 21E, Dean Bochanis, applicant.
It was noted this application does not require wetlands approval as the activity was moved out of the wetlands area. A public hearing was scheduled for October 6, 2009 at 7:00 PM.

8. Report of Officer's and Subcommittees
C. Jefferson noted she attended a recent Affordable Housing Conference which was co-hosted by the State and the Middlesex Chamber of Commerce. The State has funds available in the form of a grant for towns establishing an Incentive Housing Zone. Ms. Jefferson advised the Affordable Housing Committee that Killingworth does not have the infrastructure or sewer system for such a project.

Paul McGuinness inquired about the ground water quality at Jensen's. It was noted water quality tests are done on a regular basis and sewer systems are being upgraded.

There was a brief discussion regarding changes to the Town Charter.

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