Tuesday, January 19, 2010

Regular Meeting No. 973

Present: T. Lentz, Chairman C. Jefferson, ZEO
L. Annino, Jr. (arrived during meeting)
S. Morgan
J. Adametz
R. Davis (seated for E. Hayash)
P. McGuinness (seated for D. Gross)

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

2. Minutes of Regular Meeting No. 972 Held January 5, 2010
Motion by Adametz, second by Davis, to approve January 5, 2010 Minutes as written. PASSED UNANIMOUSLY.

3. Visitors – none.

4. Communications and Bills
(1) Letter from Waldo & Assoc. LLC to Cathy Jefferson, Zoning Enforcement Officer, dated January 19, 2010 Re Killingworth Commons, 183 Route 81, Hair Dressing Salon Proposal, Re Withdrawal of Application.

(2) Application for Timber Cutting Site Plan Approval for David L. Paulsen, Kelseytown Road, Map 38, Lot 11.

(3) Letter from Town of Clinton Planning & Zoning Commission to Killingworth Town Clerk dated January 11, 2010 Re AR 09-137 Proposed Amendment to Zoning Regulations relative to Adult Day Care Facilities.

(4) Invoice from Howard and McMillan in the amount of $952.10 for legal services.

(5) Legal Notice Publications for Special Exception #259, Notice of Public Hearing.

(6) Letter from R. E. Leighton, Code Official, to Steve Groves dated January 8, 2010 Re 354 Roast Meat Hill Road, Notice of Violation, Unauthorized Drainage.

(7) Letter from R. E. Leighton, Building Official, to LeAnn Power, Public Records Administrator, Connecticut State Library, dated January 9, 2010, Re Town Hall Vaults, Environmental/Regulatory Issues, Corrective Measures.

(8) Memo from R. E. Leighton, Code Official, to C. Jefferson, Zoning Enforcement Agent, dated January 10, 2010, Re Proposed Convenience Store/Refueling Station, 171/175 Route 81, Feasibility – Cursory Review.

5. Old Business
(a) Special Exception #259, Jonathan & Colleen Totman, Hair Salon at 183 Route 81
Chairman Lentz noted a letter of withdrawal had been received for this application.

6. Zoning Enforcement Officer's Report
C. Jefferson noted she met with Mr. Patel regarding the hoop buildings which will be coming down. Mr. Patel will be coming in with an application for an addition to his building.

C. Jefferson noted she contacted Attorney William Howard relative to who determines “location of approval” for refueling stations, whether it is Planning & Zoning or Zoning Board of Appeals. Waiting for a response. Jefferson further noted Inland Wetlands conducted a site walk at the location, but hasn't come to a conclusion yet. They would like more information. A meeting has been set between the applicant's engineer and the Town Engineer to go over plans and drainage issues. The Town Engineer will give the Commission his opinion relative to suitability.

7. New Business
(a) Timber Harvest, Peter Marlow Forest Products (applicant) – Paulson Property, Kelseytown Road, Map 38, Lot 11
Peter Lesmerises introduced himself. He explained they are looking to harvest 35 acres at the end of Kelseytown Road. The various categories of trees have been marked. This is not clear cutting. It is anticipated that eventually a house will be built on this site. Mr. Lesmerises noted there will be 4 crossings over intermittent seasonal streams. They are hoping to do this work during the present conditions. A portable bridge will be used over one crossing and corduroy on the others. C. Jefferson noted the Wetlands Commission couldn't look at the crossings because the ground was covered with snow. There is a concern because the work should be done now while everything is frozen. They don't want to wait until spring. The work will probably start in the next couple of weeks. It was noted the landing site is a little past the end of the road maintenance. They will be going out Kelseytown Road to Route 80. Chairman Lentz noted there is a bond requirement of $1500. Motion by Adametz, second by Davis, to approve Timber Harvest application for Paulson Property, Kelseytown Road, subject to a $1500 bond. PASSED UNANIMOUSLY.

8. Report of Officers and Subcommittees
There was discussion regarding a proposed “Ordinance Establishing Citation Procedures and Fines for Violations of Zoning Regulations.” It was decided the Commission would like to see more history relative to this type of Ordinance and how this would help with violations.

9. Adjournment
There being no further business, the meeting adjourned at 7:34 PM.

Tuesday, January 05, 2010

Regular Meeting No. 972

Present - T. Lentz, Chairman C. Jefferson, ZEO
L. Annino, Jr.
S. Morgan
J. Adametz
E. Hayash
D. Gross
R. Davis (non-voting alternate)

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

2. Minutes of Regular Meeting No. 971 Held December 15, 2009
Motion by Hayash, second by Morgan, to approve December 15, 2009 as written. PASSED UNANIMOUSLY.

3. Visitors – none.

4. Communications and Bills
(1) Christmas card from N. L. Jacobson & Associates.

(2) Notice from Land Use Academy of training sessions for this year.

(3) Publication instructions from The Middletown Press.

(4) Copy of letter from R. E. Leighton, Agent for the Health Director, to Waldo & Associates, LLC dated December 24, 2009 Re 183 Route 81, Application for Special Exception Sub-Surface Sewage Disposal System Review Revisions Required for Necessary Approvals.

(5) Copy of Commission Budget as of 1/3/10.

(6) Copy of letter from Cathie S. Jefferson to Argin and Nitin Patel dated 1/5/10 Re Accessory Buildings – Second Notice.

(7) Permit log.

5. Old Business
(a) Special Exception #259, Jonathan & Colleen Totman, Hair Salon at 183 Route 81 – public hearing scheduled for January 19, 2010.
There was a brief discussion as to whether this hearing should be rescheduled due to the letter from R. E. Leighton, Agent for the Health Director, noted above, but as the publication has already gone in to the newspaper, it was decided to hold the public hearing on January 19th and continue it if necessary.

6. Zoning Enforcement Officer's Report
C. Jefferson noted a new temporary Acting Health Director, Lucinda Hogarty, has been appointed until March.

C. Jefferson noted she is expecting new plans from the gas station applicant discussed in a previous meeting. Copies will also be given to the Wetlands Commission, Richard Leighton and the Town Engineer. The applicant is aware they have to apply for location approval.

7. New Business – none.

8. Report of Officers and Subcommittees
Chairman Lentz asked if the Commission wants to pursue the Ordinance of Fines for Zoning Violations. Lentz indicated this is permitted by State Statute. The draft of this Ordinance was originally prepared by Attorney William Howard (who is the Commission's attorney and now Town attorney) for Deep River. This Ordinance provides an incentive for violators to settle and not go to Court, thereby saving the Town the cost of legal fees. Chairman Lentz will forward copies to the members and this will be discussed at the next meeting.

9. Adjournment
There being no further business, the meeting adjourned at 7:14 PM.