Killingworth Planning and Zoning Commission
Regular Meeting 848, June 15, 2004

It is noted that Special Exception Application #191 for Todd Siegal, Tanning Salon, 184 Route 81 - scheduled for Public Hearing has been withdrawn by the applicant.

Present: C. Martens, Chairman C. Jefferson, ZEO, T. Lentz, J. Speicher, L. Annino

D. Hale, J. O'Brien, S. Morgan (non-voting alternate), E. Hayash (non-voting alternate)

J. Adametz (non-voting alternate), Regular Meeting Agenda

1. Call to Order

C. Martens called the meeting to order at 7:30 PM .

2. Minutes of Regular Meeting No. 847 Held June 1, 2004

Motion by Mr. Lentz, second by Mr. Annino, to approve the June 1, 2004 Minutes amended as follows -

Voting in favor - Lentz, Annino, Speicher, O'Brien, Hale, Martens. Opposed - none. Motion Carried.

3. Visitors

(a) Ed Coppola - preliminary site plan review for Scott Papoosha on Route 80 property

Ed Coppola noted he was present this evening representing Scott Papoosha (who was also present). Mr. Papoosha is interested in the 7.4 acre parcel across from him on Route 80 for a nursery (plant growing). Mr. Coppola reviewed a preliminary layout. He indicated this is a split zone - residential and commercial. The proposal is for greenhouses, storage building, area for nursery stock and a new pond for irrigation purposes for the nursery stock. He indicated the greenhouses would be mostly in the residential area, but the applicant is looking for a little bit of guidance as to whether or not the greenhouses are only allowed in residential or could be in commercial as well. Mr. Lentz asked if the greenhouses would be just for growing or whether the public would be allowed to go through and purchase items. Mr. Coppola noted that currently it would be just for growing. He reviewed the storage building. Mr. Coppola noted for clarification that this would be used as support for the business across the street. It would be used for growing and the materials would go across the street for retail sale. Mr. Lentz reminded Mr. Coppola that it is important that any application spell out the uses intended for this property. Mr. Speicher noted the application should also spell out all the data regarding materials, etc. Mr. Annino confirmed that this application would stand on its own merits and not be considered in conjunction with the business across the street. Mr. Coppola agreed with that. There was discussion regarding a landscape buffer. It was noted that some kind of a buffer will be necessary.

Ed Coppola noted he was present to discuss the Bruce Wetterman property on Pond Meadow Road . The parcel consists of 47 acres. Mr. Wetterman is proposing a 1 lot subdivision. Mr. Coppola noted he reviewed the 1 lot subdivision with C. Jefferson, who advised that has not been done before in Killingworth. After further review, the proposal would be for a 200 foot private road with Lots 2 and 3 of 4 buildable acres or greater with frontage on the private road. Mr. Wetterman would prefer to do the 1 lot and keep the remaining lands for himself. He asked that Mr. Coppola come this evening and ask the Commission is that was possible. Chairman Martens noted the choices are either the 3 lot or 2 lot subdivision. Mr. Speicher noted there would have to be Open Space. Chairman Martens noted the Open Space could be waived until there was further development.

4. Communications and Bills

(1) Copy of IWWC Minutes from June 8, 2004 .

(2) Copy of Board of Selectmen Minutes from May 24, 2004 .

(3) Copy of Water Pollution Control Authority from June 2, 2004 .

(4) Copy of Board of Selectmen Minutes from June 7, 2004 Special Meeting.

(5) Four Affidavits of Publication were received.

(6) Letter and Notice of Tentative Determination, Dam Construction Appl. No. DS-04-04 from Connecticut DEP received.

(7) Letter from Frederick P. Clark Associates, Inc. to Stephen S. Burgess, dated June 4, 2004 Re State Traffic Commission Review - New Intermediate/Middle School, Killingworth.

(8) Letter from IWWC dated June 15, 2004 Re RSD #17.

(9) Letter from IWWC dated June 15, 2004 Re The Ridges at Deer Lake .

(10) Letter from Connecticut Water Company dated June 11, 2004 Re Public Hearing - Intermediate/Middle School, Route 81.

(11) Letter from Todd Siegel dated June 1, 2004 withdrawing his special exception application for a tanning salon.

(12) Letters from Richard E. Leighton, Code Official, dated June 14, 2004 Re Seven Eighths Farm, Fire Protection Review and Sanitation Review, respectively.

(13) Letter from M. R. Dove & C. Carpenter dated March 28, 2004 Re Interstate Battery building.

5. Old Business

(a) Brad Turley, 70 Route 80 - Amendment to Special Exception #185 for expansion of stables

Chairman Martens noted the Commission held a public hearing at the last meeting. The Commission members felt there was no further impact with the expansion requested. It was noted the four boarding stalls in the barn would be moved to two-two stall buildings outside. The concern at the last meeting was that there had been a meeting with the Code Official wherein suggestions were made, but there was nothing in writing to follow up on that discussion. Mr. O'Brien felt the Commission should wait until something in writing was received. Chairman Martens read two letters from the Code Official dated June 14, 2004 regarding the Fire Protection Review and the Sanitation Review. Motion by Mr. Annino, second by Mr. Hale, to approve the Amendment to Special Exception #185 to relocate existing boarding stables per the plan submitted with the application. VOTING IN FAVOR - Annino, Hale, Speicher, Lentz, O'Brien, Martens. Opposed - none. Motion Carried.

(b) The Ridges at Deer Lake, Resubdivision Phase III - Subdivision Application #293 and (c) The Ridges at Deer Lake, Phase IV - Subdivision Application #294 - public hearing scheduled for Resubdivision on July 20, 2004

Tom Stevens was present. He noted he was asked to come this evening just to give a brief update as to the status of everything. He indicated the Wetlands Commission had sent a letter and that the letter from the Code Official would be done by the 20 th . He also noted this Commission wanted to schedule a site walk on the subject property. There was discussion regarding the two lots over by Town Clerk Lane and what would happen with those two lots subsequent to Phases III and IV. Chairman Martens restated for everyone that the proposal would be for the applicant to come in for a resubdivision application for those two lots and deed the conservation restriction to the Land Trust. Mr. Stevens noted that was correct. Mr. Stevens indicated he walked the property with Wendy Goodfriend from NRCS (National Resources Conservation Service) and expected a report from her soon. C. Jefferson noted she spoke with Ms. Goodfriend about what was required by the Commission and something should be forthcoming fairly soon. Mr. Stevens noted he spoke with Tom Harty who has about 10 items to be discussed. He would like to know when to address those items in a timely fashion. It was suggested things be addressed now before the public hearing. There was discussion regarding the 35 day limit regulation. Ms. Jefferson noted the intent of the regulation is to not come in with a whole new set of plans 10 days prior to the public hearing and have to have the whole thing re-reviewed. Mr. Annino noted the Commission is trying to avoid incomplete applications that become work in progress. Chairman Martens scheduled a site walk on Sunday, July 11, 2004 , at 9:00 AM (meet at the end of Buell Hill).

(d) Gary Shettle, Director of Finance & Operations, Regional School District 17 - Special Exception Application #192 to construct new public school - public hearing tentatively scheduled for

July 6, 2004 at Killingworth Elementary School

Kjell Tollefson from Regional District 17 noted they were here just as an update prior to the July 6 th public hearing. Ray Gradwell, engineer, introduced himself noting he would give a brief overview of where the project stands. Mr. Gradwell indicated they expect to have everything done by July 6 th . The only letter they are currently waiting for is from N. L. Jacobson & Associates. They started their review on Tuesday and hope to have it done by the end of the week. It was noted Mr. Leighton is doing his review but gave no indication of when it would be done. Chairman Martens noted the Commission would move forward with the publication and notices for the Public Hearing on July 6 th .

(e) Gary Belard - Special Exception Application #193 for new entrance and signage at Shopping Center - public hearing scheduled for August 3, 2004

Chairman Martens noted there will be a public hearing for this application on August 3, 2004 .

6. Zoning Enforcement Officer's Report

(a) C. Jefferson reviewed the letter from the Dove's regarding the Interstate Battery building. She indicated the plans show a metal roof on the building. There was also discussion that it would be in keeping with what was there. The other two buildings have wooden roofs. The property owner had indicated there wasn't any choice in roofs when he first contacted the manufacturer. He agreed, however, to contact the manufacturer again to see if something can be done. Ms. Jefferson is waiting to hear from the property owner at this time.

(b) C. Jefferson noted the issue with the Flanagan Open Space easement has been settled. It has been filed and needs the Chairman's signature.

(c) John Speicher noted he mentioned a couple of months ago about the small propane tanks at Amerigas. C. Jefferson noted she would take a look at the site.

7. New Business - none.

8. Report of Officers and Subcommittees

Mr. Lentz briefly reviewed some upcoming changes having to do with lighting and building fabrics.

Motion by Mr. Annino, second by Mr. O'Brien, to go into Executive Session at 8:40 PM for the purpose of discussing legal matters. Ms. Jefferson was asked to remain for the discussion. Voting in favor - Annino, O'Brien, Hale, Speicher, Lentz, Martens. Opposed - none. Motion Carried. Motion by Mr. Annino, second by Mr. Speicher, to come out of Executive Session at 8:45 PM. Voting in favor - Annino, Speicher, Lentz, Hale, O'Brien, Martens. Opposed - none. Motion Carried.

9. Adjournment

There being no further business, the meeting was adjourned.

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Killingworth Planning and Zoning Commission
Regular Meeting 847, June 1, 2004

It is noted for the record that three public hearings were held at this time as follows -

Brad Turley, 70 Route 80 - Amendment to Special Exception for Expansion of Stables.

Barbara Speicher, 235 Reservoir Road - Special Exception #188 for Accessory Apartment.

Lorraine Neely, Total Hair, 176 Route 81 - Special Exception #190 Moving Location.

PRESENT: C. Martens, Chairman, C. Jefferson, ZEO,T. Lentz,J. Speicher,L. Annino, D. Hale,J. O'Brien, E. Hayash (non-voting alternate), J. Adametz (non-voting alternate)

S. Morgan (non-voting alternate)

1. Call to Order

C. Martens called the meeting to order at 8:35 PM immediately following the three public hearings noted above.

2. Minutes of Regular Meeting No. 846 Held May 18, 2004

Motion by Mr. Hale, second by Mr. Lentz, to approve the May 18, 2004 Minutes amended as follows -

•  Page 4, last paragraph, 3 rd sentence should read " With regard to the access road through the required 200 foot frontage for a conservation subdivision, Chairman Martens noted that was just a clarification and should probably go through."

VOTING IN FAVOR: Hale, Lentz, Speicher, O`Brien, Annino, Martens. Opposed - none. Motion Carried.

3. Visitors

Christopher Karam, 91 Parker Hill Road , introduced himself. He noted he had a question about the road and what now appears to be another driveway being put in right across from his driveway having to do with the Heft Brook Estates Subdivision. He asked whether there was any chance the driveway could be moved so it wasn't directly across from his driveway. Chairman Martens noted he thought the plan showed the road with a common driveway next to it for two lots in the back. Chairman Martens suggested Mr. Karam go into the Zoning Office and ask Cathie Jefferson, ZEO, to show him the map so they can see exactly what had been approved for that driveway. Mr. Karam agreed to go in and talk with Ms. Jefferson.

4. Communications and Bills

(a) Copies of the three Notices of Public Hearing for tonight's meeting - Brad Turley, Barbara Speicher and Lorraine Neely - Total Hair.

(b) Copy of Revised Site Plan & Erosion and Sediment Control Plan for Brad M. Turley, 70 Route 80, Killingworth , Connecticut Revised 5/25/04 .

(c) Copy of photograph for Turley application; one with two stall with storage and one with three stall with storage.

 

(d) Certified Mail Receipts - Barbara Speicher, Seven Eighths Farm and Connecticut Water Company (from Roger Nemergut).

(e) Three returned mail envelopes from public hearing mailings to abutters.

(f) Legal Notice of Publication for the three hearings for tonight - May 20 and 27, 2004 publication dates.

(g) Affidavit of Publication for Public Hearing of May 18, 2004 Re Zoning & Subdivision Regulations.

(h) Legal Notice Publication for Notice of Decision for the Zoning & Subdivision Regulations.

(i) Copy of Board of Selectmen Record of the Vote from May 24, 2004 Meeting.

(j) Copy of letter from Concerned Voters of Killingworth in response to First Selectman Denvir's weekly column in the Clinton Recorder. The concerned voters stated for the record that they continue to support the construction of a new Region 17 Intermediate/Middle School in Killingworth.

(k) Letter from Mr. & Mrs. Arthur Stoner to Killingworth Planning & Zoning Commission dated May 19, 2004 voicing strong opposition to the proposed zoning changes put forth at the May 18, 2004 Town Meeting.

(l) Letter from Connecticut River Estuary Regional Planning Agency to Cathy Jefferson dated May 17, 2004 Re Referrals to the Connecticut River Estuary Regional Planning Agency.

5. Old Business

(a) Brad Turley, 70 Route 80 - Amendment to Special Exception #185 for expansion of stables

Chairman Martens noted the application does not intensify the use that has already been approved. It relocates the 4 stalls that are in the barn out to two, two stall buildings. They are also putting in a hay storage building. Mr. Speicher noted it looks like the plan is a lot more favorable to the neighbors than the original proposal. Mr. O'Brien noted he would like to see a response from the Building Official indicating that his concerns have been addressed. Chairman Martens noted the public hearing has been closed, however, letters from staff can be received. No decision was made at this time. It will be on the next meeting agenda.

(b) Barbara Speicher, 235 Reservoir Road - Special Exception #188 for accessory apartment

Chairman Martens reminded everyone that John Speicher recused himself from this application. Sue Morgan will be seated in his place just for this application. Chairman Martens noted this was pretty straightforward. He indicated there would be no more impact on the building than there was originally. Motion by Mr. O'Brien, second by Mr. Hale, to approve the Special Exception Application #188, Barbara Speicher, for Accessory Apartment be approved as submitted. VOTING IN FAVOR - O'Brien, Hale, Annino, Lentz, Morgan, Martens. Opposed - none. Motion Carried.

(c) Lorraine Neely, Total Hair, 176 Route 81 - Special Exception #190 moving location to The Courtyard

Chairman Martens noted this application was also pretty straightforward. It has the same operating hours and same use. The Code Official put the same restrictions on the septic system that were on the original use in the other building. Motion by Mr. Lentz, second by Mr. Hale, to approve Special Exception Application #190, Total Hair, moving location to The Courtyard with the conditions as stated in the Code Official's letter dated May 2, 2004. VOTING IN FAVOR - Lentz, Hale, O'Brien, Annino, Speicher, Martens. Opposed - none. Motion Carried.

(d) Todd Siegal, 184 Route 81 - Special Exception #191 for Tanning Salon - public hearing scheduled for June 15, 2004

Chairman Martens noted this application was scheduled for a public hearing on June 15, 2004 .

(e) The Ridges at Deer Lake , Resubdivision Phase III - Subdivision Application #293

Tom Stevens introduced himself as representative for The Ridges at Deer Lake . He indicated the first application was a resubdivision of the lower 16 lots (shown in green on the plan). Those lots have frontage on Beaver Dam and Buell Hill Roads. Mr. Stevens explained there are currently easements on the property that were dedicated for roadway purposes. Those easements are proposing to be abandoned upon approval of the roads. Mr. Lentz suggested waiting until the next meeting to see if all the proper documentation has been presented before setting a public hearing date.

(f) The Ridges at Deer Lake , Phase IV - Subdivision Application #294

Tom Stevens noted this portion of the property had been discussed back in 2001 and the Commission had determined at that time it would be appropriate for a conservation subdivision. He reviewed Open Space (shown in red on the plan).

There was discussion regarding the timeline for the two applications. It was noted Phase III must be voted on first. If by chance, Phase III was denied, then Phase IV would be out. Chairman Martens scheduled the public hearing for Resubdivision Phase III for July 20, 2004 . It was decided Tom Stevens would come in at the next meeting just for a very brief update and to set a site walk.

6. Zoning Enforcement Officer's Report

(a) Cathie Jefferson noted she received a copy of the initial conservation easement being worked on by Attorney Howard and Attorney Wells for the Flanagan Subdivision. She also reviewed a new Public Act regarding this issue that becomes effective on October 1, 2004 .

7. New Business

(a) Gary Shettle, Director of Finance & Operations, Regional School District 17 - Special Exception Application #192 to construct new public school - receipt of application

Kjell Tollefson introduced himself as representative for Regional School District 17. He noted an application for the new school had been submitted and he was asking the Commission to receive it this evening. He also asked that the Commission set a timely public hearing. Chairman Martens noted all the approvals must be in for the public hearing - review of Town Engineer, Town Sanitarian Report, Fire Plan and Inland Wetlands. Mr. Tollefson noted there are no changes to the original application submitted back in January other than the date and meeting the most recent changes that were adopted. Everything is in process, but he indicated he can't speak for those who are responding back to the Commission. Informal conversation indicates there shouldn't be a problem. The public hearing was tentatively scheduled for July 6 th at the Killingworth Elementary School as long as all documentation has been received by June 15 th .

(b) Gary Belard - Special Exception Application #193 for new entrance and signage - receipt of application

Special Exception Application #193 was received. Chairman Martens set the public hearing for August 3, 2004 .

8. Report of Officers and Subcommittees

Mr. Lentz gave a status update regarding the regulations. He began review of the next package of regulation changes.

9. Adjournment

There being no further business, the meeting was adjourned.

 

 

Killingworth Planning and Zoning Commission
Regular Meeting 846 , May 18, 2004

It is noted for the record that a public hearing was held and tape-recorded regarding proposed revisions to the Zoning and Subdivision Regulations.

Present: C. Martens, Chairman, C. Jefferson, ZEO,T. Lentz, J. Speicher, L. Annino, D. Hale, J. O'Brien, E. Hayash (non-voting alternate), J. Adametz (non-voting alternate), S. Morgan (non-voting alternate)

1. Call to Order

C. Martens called the meeting to order immediately following the public hearing at 9:53 PM .

2. Minutes of Regular Meeting No. 845 Held May 4, 2004

Motion by Mr. O'Brien, second by Mr. Lentz, to approve the May 4, 2004 Minutes as submitted. VOTE: In favor - O'Brien, Lentz, Hale, Speicher, Annino, Martens. Opposed - none. Motion Carried.

3. Visitors

There was a question from one of the visitors who did not identify himself regarding the proposed regulations that were discussed in the public hearing held prior to this meeting. He asked if the Commission approved those regulations, would they be effective this evening. Chairman Martens explained that an effective date must be set to allow for publication of the regulations.

There was another question from an unidentified visitor about applications for The Ridges at Deer Lake . Chairman Martens noted the two new applications were on the agenda this evening just for receipt of application and no discussion. Mr. Stevens will probably come to the next meeting and give a presentation.

4. Communications and Bills

(1) Copy of Subdivision Plan Prepared for RTT Development, Inc. Montville , Connecticut dated 11/8/98 submitted by Mr. Heller.

(2) Letter from Janet Morann-Violissi & Carol Morann dated May 18, 2004 Re Proposed Changes in the Zoning Regulations.

(3) Memo from Killingworth Inland Wetlands and Watercourses Commission dated May 18, 2004 Re Proposed Regulation 61B, Required Characteristics.

(4) Letter from Regional Water Authority dated May 4, 2004 Re Amendments to Killingworth Zoning Regulations.

(5) Letter from Town of Clinton Planning & Zoning Commission dated April 19, 2004 Re Various Changes to the Killingworth Zoning & Subdivision Regulations.

(6) Letter from Midstate Regional Planning Agency dated April 13, 2004 Re Zoning Text Amendments.

(7) Two Legal Notice Publications for the Proposed Amendments to the Zoning and Subdivision Regulations, one published on May 5, 2004 and the second on May 12, 2004 .

(8) Letter from Connecticut River Estuary Regional Planning Agency dated May 4, 2004 Re Proposed Revisions to Various Zoning/Subdivision Regulations.

(9) Copy of Statute Page 169 submitted by Mr. Heller having to do with Highway Construction and Maintenance.

(10) Copy of Court Memorandum of Decision from Dunham v. New Milford PC, No. CV01 0085538 submitted by Mr. Heller.

(11) Copy of Decision from Property Group, Inc. v. Planning & Zoning Commission of Tolland (14630) submitted by Mr. Heller.

(12) Copy of summary sheet prepared by Tom Lentz.

(13) Copy of Board of Selectmen Record of the Vote and Minutes from meeting of May 10, 2004 .

(14) Copy of Inland Wetlands and Watercourses Commission Minutes from May 11, 2004 .

(15) Copy of Board of Selectmen Minutes from April 26, 2004 .

(16) Letter from W. David LeVasseur, Undersecretary from State of Connecticut Office of Policy and Management dated May 11, 2004 Re Recommended Conservation and Development Policies Plan for Connecticut 2004-2009.

(17) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated March 28, 2004 Re Special Exception Application, 235 Reservoir Road, Accessory Apartment, Approved as Submitted.

5. Old Business

Chairman Martens noted the following Special Exception Applications for Turley, Speicher and Neely were all scheduled for June 1, 2004 as noted below.

(a) Brad Turley, 70 Route 80 - Amendment to Special Exception for expansion of stables - public hearing scheduled for June 1, 2004

(b) Barbara Speicher, 235 Reservoir Road - Special Exception #188 for accessory apartment - public hearing scheduled for June 1, 2004

(c) Lorraine Neely, Total Hair, 176 Route 81 - Special Exception #190 moving location to The Courtyard - public hearing scheduled for June 1, 2004

Chairman Martens noted the Tanning Salon Special Exception Application was scheduled for June 15, 2004 as noted below.

(d) Todd Siegal, 184 Route 81 - Special Exception #191 for Tanning Salon - public hearing scheduled for June 15, 2004

7. New Business

(a) The Ridges at Deer Lake , Resubdivision Phase III - Subdivision Application #293, receipt of application

(b) The Ridges at Deer Lake , Phase IV - Subdivision Application #294, receipt of application

Chairman Martens noted both the above applications for The Ridges at Deer Lake were being received this evening. There was no discussion.

5. Old Business

(e) Proposed Changes to Zoning and Subdivision Regulations

Chairman Martens noted there was a lengthy public hearing for the proposed changes to the Zoning and Subdivision Regulations prior to the regular meeting. He indicated he was surprised that there was no support for the vernal pools. He also suggested the Commission work on the definition of upland review area.

Mr. Lentz noted the opposition was mostly against two things - 1) the school, and 2) increasing lot size and decreasing lot yield on subdivisions of large parcels. He felt the testimony regarding the school issue was not useful, because it came from those that were opposed to the school at that particular site. Their comments did not address the regulation, which is simply to allow a school in a residential zone in Killingworth. There is no provision for that now. With regard to the Soil Based Zoning, Mr. Lentz noted he could understand why property owners would not want their lot yield reduced. There wasn't much evidence produced, however, that these changes would actually reduce lot yield. The areas protected are probably wetlands poor soils and subject to the 25 percent limitation. There were a few minor suggestions that were useful. Inconsistency between the regulation and inland wetlands definition of upland review area was one suggestion. Another one was DOT review of school access.

With regard to Section 7.5, Chairman Martens noted that if there is a subdivision access road, the Commission can ask for improvement of the intersection. He briefly reviewed the testimony during the public hearing. Mr. Martens indicated he felt the regulation could be changed in order to make it work. C. Jefferson suggested perhaps the Town Attorney should do a little research on the evidence submitted by Mr. Heller as Mr. Heller basically said it could be illegal. It might be wise for the Commission to get a legal opinion of its own on this matter.

Referring back to the Soil Based Zoning, Mr. Lentz noted the only thing that might have a major impact would be the upland review area. He noted there is very good justification for Soils Class F (ledge and excessive slope). Perhaps this should be looked at some more.

Chairman Martens noted there should be a uniform definition of Upland Review Area. He also noted Section 7.5 should be rewritten.

Chairman Martens noted there definitely was some strong feelings about the school. There was discussion about the 25 acres net buildable. Chairman Martens noted it is obvious there are a lot of people opposed to that particular school site (Route 81), and a lot of people support the Venuti site. There was discussion about how the school regulation could be rewritten.

Chairman Martens suggested the Commission approve the proposed changes that were not controversial. The ones that were controversial (upland review area, school definition and Section 7.5) could be pulled out and reworked. With regard to the 200 foot road, Chairman Martens noted that was just a clarification and should probably go through. If there is objection to it, it can be removed with the next package.

There was much discussion regarding the school regulation.

Commission members reviewed the package to see what should be removed. The following was suggested. Section 61A.2(P) was deleted from the package. Section 61B, Required Characteristics, remove 3. Upland Review Areas, change numbers 4 and 5 to 3 and 4. Section 173A.3, remove 3. Upland Review Areas, change numbers 4 and 5 to 3 and 4. Section 20A. Definitions, remove Upland Review Area. Section 61A.2(Q) was deleted from the package. Section 7.5 was deleted from the package.

Motion by Mr. Annino, second by Mr. O'Brien, to approve the proposed amendments, changes, clarifications, additions and adoptions to the Zoning and Subdivision Regulations presented 5/18/04, with the exception of Section 61A.2(P), 61B.3 (renumber 4 and 5 to 3 and 4), Section 173A.1.3 of Resource Characteristics (renumber 4 and 5 to 3 and 4), Section 173A.3.3 (renumber 4 and 5 to 3 and 4), Section 20A-Definitions, remove Upland Review Area, Section 61A.2(Q) and Section 7.5; effective June 1, 2004. VOTE: In favor - Annino, O'Brien, Hale, Lentz, Speicher, Martens. Opposed - none. Motion Carried.

There was a brief discussion on starting a new package of proposed changes. Mr. Lentz will start working on the next package.

6. Zoning Enforcement Officer's Report

C. Jefferson noted she didn't have anything to report this time.

Mr. Annino asked whether Ms. Jefferson had a chance to look at Running Brook Farms approval. Ms. Jefferson replied she had and she was going to be meeting with the owner in the next few days to review matters.

8. Report of Officers and Subcommittees

Motion by Mr. O'Brien, second by Mr. Annino, to add Executive Session to the agenda. VOTE: In favor - O'Brien, Annino, Hale, Lentz, Speicher, Martens. Opposed - none. Motion Carried. Motion by Mr. O'Brien, second by Mr. Annino, to go into Executive Session at this time to discuss legal issues. VOTE: In favor - O'Brien, Annino, Hale, Lentz, Speicher, Martens. Opposed - none. Motion Carried. Motion by Mr. Annino, second by Mr. O'Brien, to come out of Executive Session at 11:07 PM . VOTE: In favor - Annino, O'Brien, Hale, Speicher, Lentz, Martens. Opposed - none. Motion Carried.

9. Adjournment

There being no further business, the meeting adjourned at 11: 08 PM .

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Minutes of Regular Meeting 845 of the Killingworth Planning and Zoning Commission held on Tuesday, May 4, 2004 , at the Killingworth Town Office Building

Present: T. Lentz C. Jefferson, ZEO L. Annino ,O'Brien ,D. Hale (arrived at 7:32 PM ),E. Hayash (seated for C. Martens) ,S. Morgan (seated for D. Hale until his arrival) ,J. Adametz (seated for J. Speicher) ,

1. Call to Order

Vice Chairman Lentz called the meeting to order at 7:30 PM .

2. Minutes of Regular Meeting No. 844 Held April 20, 2004 and Site Walk Minutes of April 25, 2004

Motion by Mr. O'Brien, second by Mr. Hayash, to approve the April 25, 2004 Site Walk Minutes as written and the April 20, 2004 Regular Meeting Minutes amended as follows -

VOTE: In favor - O'Brien, Hayash, Adametz, Annino, Morgan, Lentz. Opposed - none. Motion Carried.

3. Visitors

Maurice Woodworth was present. He noted there was a recent site walk at the Clarkson property at the corner of Stevens and Roast Meat Hill Roads. He asked if there was some feedback regarding the concept of the Conservation Subdivision. He gave a brief summary. There would be 9 lots on 70 acres, the conservation plan utilizes the westerly stonewall as a property line, 27 acres would be given to the Land Trust for Open Space, 1000 foot Town road (both conservation and conventional subdivision). Mr. Woodworth noted the conservation plan gives flexibility to make those walls a property line and all the lots would be 2 acres plus. Motion by Mr. O'Brien, second by Mr. Annino, to accept the concept of a conservation subdivision. Discussion followed. Mr. O'Brien noted the site walk clearly showed that is the better way to go. Vice Chairman Lentz noted he agreed that the Conservation Subdivision was preferable. The stonewalls are being protected and there is more Open Space. The developer is not gaining anything from a Conservation Subdivision. There is the same number of lots and same length of road. Mr. Hale noted there is a watercourse that goes through the property, and it is his understanding it is a significant feeder for the Indian River . That unique feature further supports the idea of a Conservation Subdivision. VOTE: In favor - O'Brien, Annino, Hale, Adametz, Hayash, Lentz. Opposed - none. Motion Carried.

4. Communications and Bills

(1) Special Exception Application No. 191, Todd Siegal, for tanning salon was received.

(2) Fax from South Central Connecticut Regional Water Authority dated May 4, 2004 Re Amendments to Killingworth Zoning Regulations.

(3) Copy of Inland Wetlands and Watercourses Commission Minutes from April 13, 2004 and April 27, 2004 .

(4) Letter from Town of Clinton Planning and Zoning Commission dated April 19, 2004 Re Various Changes to Killingworth Zoning & Subdivision Regulations.

(5) Copy of letter to Osprey Environmental Engineering LLC from Richard E. Leighton, Code Official, dated April 22, 2004 Re Lot 17 Lower Ledge S/D, Soil Testing Activities Within Buffer Zone.

(6) Copy of Board of Selectmen Record of the Vote from April 26, 2004 .

(7) Memo to Killingworth Planning & Zoning Commission from Richard E. Leighton, Code Official, dated May 2, 2004 Re Special Exception Application, Hair Salon & Retail Supply Sales, Approved w/conditions.

(8) Memo to Killingworth Planning & Zoning Commission from Richard E. Leighton, Code Official, dated May 2, 2004 Re Flanagan Brook Subdivision, Sanitation Review Approved as Submitted.

(9) Memo to Killingworth Planning & Zoning Commission from Richard E. Leighton, Code Official, dated May 2, 2004 Re Special Exception Application, Tanning Salon & Retail Supply Sales, Approved as Submitted.

5. Old Business

(a) Flanagan Brook 2 Lot Subdivision, Green Hill Road

Vice Chairman Lentz noted the Sanitation Review was completed and approved as submitted. Mr. Leighton noted in his letter there were some initial issues/concerns and those have been addressed. Mr. Nemergut noted they have addressed all issues with regard to Fire Protection, Sanitation and Wetlands and have received approvals on those. Mr. Nemergut noted an issue came up at the last meeting about splitting the 18.2 acres into two lots, one with the existing house and the other being a building lot of 14 acres. Mr. Nemergut explained that in order to meet the net buildable requirements, a portion of the house lot had to be across the brook. It was agreed that a Conservation Restriction would be placed on the back portion of the lot including the brook in the restriction. Mr. Nemergut noted a last minute thought was that there probably should be a prohibition of the keeping of animals in the conservation area. The Town Attorney will review this document. Motion by Mr. O'Brien, second by Mr. Hale, to approve the Flanagan Brook 2 Lot Subdivision with the condition that The Declaration of Conservation Restriction be reviewed and accepted by Town Counsel and that the keeping of animals in the

conservation area is prohibited. VOTE: In favor - O'Brien, Hale, Annino, Hayash, Adametz, Lentz. Opposed - none. Motion Carried.

(b) Brad Turley, 70 Route 80 - Amendment to Special Exception for expansion of stables - public hearing scheduled for June 1, 2004

Vice Chairman Lentz noted the public hearing for this application is scheduled for June 1, 2004 .

(c) Barbara Speicher, 235 Reservoir Road - Special Exception #188 for accessory apartment - public hearing scheduled for June 1, 2004

Vice Chairman Lentz noted the public hearing for this application is scheduled for June 1, 2004 .

(d) Lorraine Neely, Total Hair, 176 Route 81 - Special Exception #190 moving location to The Courtyard - public hearing scheduled for June 1, 2004

Vice Chairman Lentz noted the public hearing for this application is scheduled for June 1, 2004 .

6. Zoning Enforcement Officer's Report

(a) C. Jefferson noted things have been very busy lately with all the rain we've had and problems at Heft Brook, Surrey Ridge and Dunkin Donuts. The erosion and sedimentation control measures have failed at some point for all 3 of those locations listed. Everyone is working to get those locations stabilized. Hopefully Dunkin Donuts will have the detention basin cleaned out and start seeding within the next couple of weeks.

(b) C. Jefferson noted she received a memo from First Selectman Denvir regarding NEMO ( Non-Point Education for Municipal Officials). NEMO is the group that does the educational services for municipal agencies. They would like to do a program in Killingworth and are looking for representatives from Conservation, Planning & Zoning and Inland Wetlands. Those individuals would meet with NEMO representatives to discuss the protection of water resources in the Town. The name of Charles Martens was volunteered.

(c) C. Jefferson noted she received a concern from the Selectmen's Office about construction going on in Town (whether it is a subdivision or just a new home) and the fact that people park all over the roads. There apparently has been some problems with roads being blocked. The question was is there a way to address that through Planning & Zoning. Ms. Jefferson suggested this might be dealt with through some kind of a Parking Ordinance. Vice Chairman Lentz noted the Selectmen deal with the roads and this should go back to them with the suggestion of a Parking Ordinance.

(d) April permit log was distributed.

7. New Business

(a) Todd Siegal, 184 Route 81 - Special Exception #191 for Tanning Salon - receipt of application

Vice Chairman Lentz suggested Mr. Siegal talk with C. Jefferson, Zoning Enforcement Officer, to be sure his application is complete. At the public hearing, Mr. Siegal would then have the opportunity to explain hours, type of business, parking, etc. Mr. Siegal noted there is a two page summary in his application that he will elaborate on at the hearing. A public hearing was scheduled for June 15, 2004 .

8. Report of Officers and Subcommittees - none.

9. Adjournment

There being no further business, the meeting adjourned at 7:58 PM .

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Minutes of Regular Meeting 844 of the Killingworth Planning and Zoning Commission held on Tuesday, April 20, 2004 , at the Killingworth Town Office Building

Present: C. Martens,C. Jefferson, ZEO,T. Lentz, J. Speicher, L. Annino, O'Brien, D. Hale (arrived at 7:38 PM), E. Hayash (sat for D. Hale until his arrival; then non-seated alternate),S. Morgan (non-seated alternate),J. Adametz (non-seated alternate)

1. Call to Order

Chairman Martens called the meeting to order at 7:30 PM .

2. Minutes of Regular Meeting No. 843 Held April 6, 2004

Motion by Mr. Speicher, second by Mr. Lentz, to approve the April 6, 2004 Minutes correcting the name of “Heinz” to “Hines.” VOTE: In favor - Lentz, Speicher, Annino, Hayash, O'Brien, Martens. Opposed - none. Motion Carried.

3. Visitors

Maurice Woodworth was present to discuss a proposed subdivision on the corner of Roast Meat Hill Road and Stevens Road , the Clarkson Property. He would like to review conservation subdivision versus conventional subdivision. Most of the site has B soils. There are some C and A soils by the farmhouse. Mr. Woodworth noted that a conventional layout with a 1000-foot Town road would yield 10 lots. The house lot would be 3.8 acres with 9 additional lots (2.0 acres to 3.2 acres net). Chairman Martens noted he thought Mr. Woodworth had said 9 lots the last time he was before the Commission. Mr. Woodworth noted it was 9 lots without the road, just using driveways. The stone walls would be utilized for boundaries. The road would go along one of the stone walls. There would be a restriction on the long stonewall of 50 to 60 feet in favor of the Commission so nothing could be done to it. Mr. Woodworth reviewed Open Space, which would consist of 16 acres along the western side. Chairman Martens asked how big the two lots were in the southeast corner where the wetlands were. Mr. Woodworth noted those lots were 4.1 and 4.5 acres net. Mr. Woodworth then reviewed the conservation layout noting the road would be moved to the other side of the east side of the wall. The smallest lot would be 2 acres. The house lot would stay the same. Lot 5 would be an interior lot. Mr. Woodworth reviewed frontage. It was noted there are already some cuts in the walls that could be used for driveways. Mr. Hale mentioned that the sightline on the corner might need some work to improve access. The conservation subdivision had 27 acres of Open Space. A site walk was scheduled for Sunday, April 25, 2004 , at 9:30 AM .

Bob Dowler and Roger Nemergut were present. Mr. Dowler noted there had been some concern about turning property over to the Land Conservation Trust having to do with the Old Church Common property. He noted that had been done last year and recorded. Mr. Nemergut reviewed the piece of property at Routes 80 and 81 (known as the “garage lot”). He noted the plan has been modified since the last informal discussion. The site is 2.2 acres with frontage on Routes 81 and 80. The proposal at that time was to have two way access off of Route 81 and off of Route 80 as well. Mr. Nemergut noted this is still informal discussion. There is no formal application at this time. He indicated they are still proposing a two way access off Route 81. Messrs. Dowler and Nemergut met with the owners of the Country Market and as of last week, they indicated they had no interest of sharing a right-of-way. That option has therefore been eliminated. Mr. Nemergut noted he spoke with DOT about sightlines. He met with the inspector in the field who indicated the entrance should be shifted down towards the traffic circle because the sightline improves dramatically. Mr. Nemergut noted that the building, the driveway and parking were kept within the commercial extension line. Mr. Speicher asked Mr. Nemergut if in his conversations with DOT, whether DOT mentioned having a traffic signal. Mr. Nemergut replied no. They didn't show much concern about the Route 81 access. They were more concerned about the sightline on Route 80. The building would be 7000 square feet (3500 footprint) with two stories. Chairman Martens asked what the proposed use of the building would be. Mr. Nemergut replied it would be either office or retail. Mr. Adametz asked if the Fire Department's access to water would remain. Mr. Nemergut replied it would remain and possibly might be improved. There was much discussion regarding the access. Chairman Martens noted the more desirable access would be as far away from the traffic circle as possible and as far west on Route 80. The Commission felt the Route 81 access would create a dangerous situation and wasn't favorably received. Mr. Nemergut will look at the Route 80 drive location from a feasibilities point of view.

4. Communications and Bills

(1) Copy of Board of Selectmen Record of Vote from April 12, 2004 .

(2) Copy of Board of Selectmen Special Meeting Minutes April 14, 2004 .

(3) Copy of Board of Selectmen Minutes from April 12, 2004 .

(4) Copy of Agenda from Clinton Planning & Zoning Commission for their meeting of April 12, 2004 .

(5) Copy of Water Pollution Control Authority Minutes from April 7, 2004 .

(6) Copy of Inland Wetlands and Watercourses Commission Minutes from March 23, 2004 .

(7) Memo from Inland Wetlands and Watercourses Commission dated April 15, 2004 Re Seven Eighths Farm Commercial Boarding Stable Application.

(8) Memo from Inland Wetlands and Watercourses Commission dated April 15, 2004 Re Flanagan brook Subdivision, 188 Green Hill Road .

(9) Copy of letter from Cathie S. Jefferson to Frank D'Andrea dated 4/20/04 Re Notice of Violation.

(10) Letter from Midstate Regional Planning Agency dated April 13, 2004 Re Zoning Text Amendments.

(11) Letter from Cornerstone Construction Services to Killingworth Planning & Zoning Commission dated April 14, 2004 Re Return of Final Bonding for Jacob Lane in the Powder Brook Subdivision.

5. Old Business

(a) Flanagan Brook 2 Lot Subdivision, Green Hill Road

Chairman Martens noted there is nothing new to report on this application.

6. Zoning Enforcement Officer's Report

(a) C. Jefferson noted there have been a lot of weather created problems over the last couple of weeks at current subdivisions. Ms. Jefferson issued notices from the Wetlands Commission to stop work until the rain ended. Subsequently there was a problem with the detention basin at Dunkin Donuts that they neglected to clean and fix. This is a bad time of year for starting subdivisions. She has discussed this with the Wetlands Commission who will be thinking about putting certain controls on starting projects between February and June. Ms. Jefferson noted Dunkin Donuts has only a temporary Certificate of Occupancy at this time.

(b) Mr. Annino asked Ms. Jefferson if the approval for Running Brook Farms included storage of material, stock and trees behind the little house. Ms. Jefferson noted the original site plan approval did not show that area for storage of trees. That was the area they were going to use for the soil processing and it was left empty. If they didn't win the lawsuit, they were going to come back in and ask to be able to stockpile their inventory of trees, but they haven't done that to date. Mr. Annino noted he is not opposed to the business, but he is opposed to it expanding beyond what was approved. Ms. Jefferson noted she will take a look at what is going on at that location.

(c) Mr. Speicher asked Ms. Jefferson to stop by Amerigas to take a look at the old tanks. They were supposed to have removed some of them.

7. New Business

(a) Special Exception #190, Lorraine Neely, Total Hair, 176 Route 81 - receipt of application

Lorraine Neely introduced herself. She noted she is applying to move her business over to the Courtyard. She has been in the Village Shopping Center for 14 years. A public hearing was scheduled for June 1, 2004 .

(b) Cornerstone Construction Services

A letter has been received from Cornerstone Construction Services dated April 14, 2004 requesting return of their final bonding amount for Jacob Lane in the Powder Brook Subdivision. Chairman Martens gave an update of what has transpired relative to this matter. According to Mr. Smith's letter, the Town voted to authorize the First Selectman to accept the road in February 2003, contingent upon filing all the needed deeds, etc. It seems the appropriate paperwork was not filed for a year. Tom Smith feels it was the Town's attorney's fault for not getting the paperwork back to the Town on a timely basis. C. Jefferson explained the procedure in the past had been that the Board of Selectmen would recommend approval of a road to go to Town Meeting, pending receipt of all documentation. Once the documentation was received, then the Board would schedule a Town Meeting. In this case, the road was approved at a Town Meeting before the required documentation was received. The Town Meeting has always been the last stop in the past and this is probably confusing to the developer. Ms. Jefferson noted it is the responsibility of the developer to get all paperwork in and be sure it is filed. In this case, the developer has indicated he sent all the documentation off to the Town Engineer and Town Attorney and then never heard back from anyone. Ms. Jefferson remembers Attorney Howard telling her about six months he was having trouble reaching the developer's attorney to get the deeds corrected. She noted it is still the developer's responsibility to get all paperwork filed, but there is probably some confusion over the fact the Town Meeting was held prior to the submission of the paperwork. Chairman Martens noted the Commission when recommending a road for acceptance to the Selectmen should include a statement that it should not go to Town Meeting until all the documents have been filed. There was much discussion regarding Performance and Maintenance Bonds. Motion by Mr. Speicher, second by Mr. Annino, to return the developer's bond in this instance considering there was some confusion in communication between attorneys and the final paperwork did not get filed in a timely manner and that the one year is now up since the Town Meeting accepting the road. VOTE: In favor - Speicher, Annino, Hale, Lentz, O'Brien, Martens. Opposed - none. Motion Carried.

(c) Memorandum of Decision, Graff

Chairman Martens noted the Memorandum of Decision regarding the Graff litigation has been received.

8. Report of Officers and Subcommittees

Chairman Martens noted there should be an accessory use regulation for the next set of revisions to Zoning Regulations having to do with cats and dogs. There was discussion about how the regulation should be written. Another regulation that should be added is the Open Space in lieu of regulation.

9. Executive Session - pending litigation

Motion by Mr. O'Brien, second by Mr. Hale, to go into Executive Session at 9:00 PM for the purpose of discussing pending litigation. VOTE: In favor - O'Brien, Hale, Annino, Speicher, Lentz, Martens. Opposed - none. Motion Carried.

Motion by Mr. Annino, second by Mr. Hale, to come out of Executive Session at 9:29 PM . VOTE: In favor - Annino, Hale, Speicher, Lentz, O'Brien, Martens. Opposed - none. Motion Carried. No votes were taken.

10. Adjournment

There being no further business, the meeting was adjourned at 9:31 PM .

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Minutes of Regular Meeting 843 of the Killingworth Planning and Zoning Commission held on Tuesday, April 6, 2004 , at the Killingworth Town Office Building

Present: C. Martens C. Jefferson, ZEO ,T. Lentz ,J. Speicher,L. Annino,D. Hale,E. Hayash,(non-seated alternate) ,S. Morgan (non-seated alternate),J. Adametz (seated for J. O'Brien)

1. Call to Order

Chairman Martens called the meeting to order at 7:36 PM .

2. Minutes of Regular Meeting No. 841 Held March 2, 2004 (meeting #842 was cancelled)

Motion by Mr. Annino, second by Mr. Speicher, to approve the March 2, 2004 Minutes amended as follows -

VOTE: In favor - Annino, Speicher, Lentz, Adametz, Hale, Martens. Opposed - none. Motion Carried.

3. Visitors

John Heinz noted this Commission is responsible for safety on sites it approves (i.e. Middle School) and he wasn't sure the members saw the extent of the cliffs in the woods at the back of the property where one of the fields is going to go. There is about 800 feet of cliffs ranging in height from 30 to 60 feet. This has been mentioned at public meetings and the response was that the school would be fenced from the cliffs. This would be about 1600 feet of fence. Mr. Heinz noted he wasn't sure everyone on this Commission understands the magnitude of the problem and indicated he would be pleased to take anyone for a walk out there to see it. He has lived there all his life and one of the main attractions was playing on the cliffs as kids.

Maurice Woodworth noted he was present for a preliminary discussion on a site at Stevens Road and Roast Meat Hill Road . Larry Brown has an option to purchase 70 acres. There are mostly B soils. The site has very big stonewalls that are about 6 feet wide and 4 feet high. The stonewalls are conveniently located to be utilized as property lines. Mr. Woodworth reviewed a conventional subdivision, which would yield 9 total lots, 8 new lots and 1 lot with the existing house. Mr. Woodworth reviewed the wetlands pointing out where the wetlands crossing would go. There was discussion regarding the 1000 foot road and the Open Space. Mr. Woodworth noted the only advantage to doing a Conservation Subdivision would be the flexibility to utilize all stonewalls as property lines. Open Space was reviewed. There would be the same number of lots. It was the consensus from members that the Conservation Subdivision (additional Open Space and same number of lots) with the road would be the better plan. Mr. Woodworth will put together the required paperwork and submit an application.

Peter Venuti, 116 Burr Hill Road , noted the Lions Club had a “Kids Night Out” last Friday at the Killingworth Elementary School . He noted that trying to get in and out of the school was a nightmare. He indicated it is very important there be the required number of adequate parking spaces, so that cars can get in and out without any problem. There were 200 kids in the auditorium and if something happened, the kids wouldn't have gotten out and the fire trucks wouldn't have gotten in. The fire lane restriction is never enforced. Mr. Venuti urged the Commission to take this into consideration in its review of the regulations. Chairman Martens explained that the number of parking spaces required, depending on the use, is already in the regulations. He further explained the number of parking spaces would depend on the seating capacity of the auditorium. Mr. Venuti asked if the Commission wasn't in fact drawing up new school regulations and this could be part of the consideration. Mr. Lentz explained the only thing that is being done is adding schools to the list of permitted uses. Chairman Martens noted all the requirements for buffer, parking, etc. are already in the regulations.

4. Communications and Bills

(a) Several certified green card receipts for newly proposed regulations changes.

(b) Certified green card receipt for letter to Frank D'Andrea by C. Jefferson.

(c) Two legal notice publications for RSD #17.

(d) Affidavit of Publication for Surrey Ridge Subdivision.

(e) Copy of Water Pollution Control Authority Minutes from March 3, 2004 .

(f) Copy of Inland Wetlands & Watercourses Commission Minutes from March 9, 2004 .

(g) Copy of Board of Selectmen Minutes from March 8, 2004

(h) Copy of Board of Selectmen Minutes from March 16, 2004 .

(i) Copy of Board of Selectmen Minutes from March 22, 2004 .

(j) Memo from First Selectman Denvir to All Offices and Departments, Boards and Commissions dated March 29, 2004 Re Legal Expenses.

(k) Bill from Connecticut Federation of Planning & Zoning Agencies for membership dues through March 31, 2005 in the amount of $90.00.

(l) Bill from Technique Printers for printing of Zoning Regulations in the amount of $192.00.

(m) Copy of letter to Roger Nemergut from State DOT dated February 27, 2004 Re Commercial Development (Dowler) Route 80 & 81, Killingworth.

(n) Referrals from Town of Clinton Planning & Zoning Commission Re Proposed Amendments to Zoning and Subdivision Regulations, AR 04-002, AR 04-003 and AR 04-004.

(o) Memo from Chester Planning & Zoning Commission dated March 29, 2004 Re Petition for Amendment of Zoning Regulations Section 80.

(p) Letter from W. David LeVasseur, Undersectary Intergovernmental Policy Division, State of Connecticut Office Of Policy and Management, dated March 17, 2004 RE Recommended Conservation and Development Policies Plan for Connecticut 2004-2009.

(q) Memo from Attorney William Howard to C. Martens dated March 16, 2004 Re Regulation Amendments.

(r) Copy of Memo to David Denvir from Richard E. Leighton, Code Official, dated March 28, 2004 Re Code Compliance Review Services for New Intermediate/Middle School.

(s) Copy of letter from Richard E. Leighton, Code Official, to Robert D. Mercer-Falkoff dated March 28, 2004 Re Property Conveyance, McCormack/Water Company, Lot Line Change Application.

(t) Copies of two letters from Cathie S. Jefferson to Frank D'Andrea (dated 3/19/04 and 4/1/04 ) Re Signs.

(u) Letter from State DEP regarding Aquifer Protection and Land Use Regulations (letter was passed along to Inland Wetlands).

(v) Letter from Gary & Mary Frohlich to Killingworth Planning & Zoning Commission dated April 1, 2004 Re Withdrawal of Special Exception Application #184 (should be #187).

(w) Copy of letter to IWWC from Richard E. Leighton, Code Official, dated March 23, 2004 Re Revised Proposed Sub-surface Sewage Disposal System at Lot 17 Lower Ledge.

(x) Copy of letter from Osprey Environmental Engineering to Richard Leighton dated March 31, 2004 Re Lot 17 Lower Ledge Site Plan.

(y) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated March 28, 2004 Re Special Exception Application, 235 Reservoir Road, Accessory Apartment, Disapproved as Submitted.

(z) Copy of letter from Richard E. Leighton, Code Official, to Roger Nemergut dated March 28, 2004 Re Seven Eighths Farm, Preliminary Review.

(aa) Copy of letter from Richard E. Leighton, Code Official, to Roger Nemergut dated March 28, 2004 Re Flanagan Brook S/D, Preliminary Review.

(bb) Original letter from N. L. Jacobson & Associates to Planning & Zoning Commission dated February 24, 2004 Re Regional School District #17, New Intermediate School , Special Exception #186, Engineering Review.

(cc) Original letter from N. L. Jacobson & Associates to Planning & Zoning Commission dated March 2, 2004 Re Heft Brook Estates Bond Estimates.

(dd) Original letter from N. L. Jacobson & Associates to Planning & Zoning Commission dated March 2, 2004 Re Surrey Ridge Bond Estimates.

(ee) Letter from Killingworth Land Conservation Trust to Killingworth Planning & Zoning Commission dated April 6, 2004 Re Open Space Dedication.

(ff) Copy of Raised Bill #5515, An Act Concerning Consolidation of Local Land Use Commissions.

5. Old Business

(a) Special Exception #187, Gary Frohlich, for Earth Removal, Lot 17 of Lower Ledge Subdivision on River Road – application withdrawn by applicant

Chairman Martens reiterated that the applicant has withdrawn this application as noted in the letter referenced earlier.

6. Zoning Enforcement Officer's Report

(a) C. Jefferson noted both Heft Brook and Surrey Ridge Subdivisions were started a couple of days ago before the heavy rains. Last week was just a nightmare. The water protection tank went in at Surrey Ridge today. C. Jefferson indicated she will talk with Inland Wetlands about letting developers start subdivisions in March. They should not start until a certain time of the year when it is dry. With all the rain that fell last week, even the best erosion and sediment control measures just don't work.

(b) C. Jefferson noted she attended the conference last Friday in Rocky Hill. It ended up being a “Zoning 101” more than covering new things.

(c) C. Jefferson noted the Connecticut Water Company is working on the dam and they have a question as to where they fit in relative to the Planning & Zoning Regulations. Ms. Jefferson noted the concern to Planning & Zoning was the “borrow pits” where they will be digging dirt on the site to build thedam up. She explained the Town's regulations only talk about removing material from the site. Ms. Jefferson noted she, as well as the DEP, has seen all the plans. The question is do they have to come in for an earth removal permit when they are only moving it somewhere else on the same site. They will be stockpiling for a certain amount of time. Ms. Jefferson noted the DEP, the Army Corps of Engineers, the Water Company and the Town are overseeing this project. Commission members agreed this was okay as long as the project had been reviewed by Ms. Jefferson.

(d) Permit log for March 2004 was distributed.

(e) Chairman Martens reviewed the letter from the Killingworth Land Conservation Trust regarding when open space in an approved subdivision plan must be transferred to the recipient designated by the Planning & Zoning Commission. C. Jefferson noted it used to be before the mylar was filed, but people sometimes don't file their mylars in a timely manner and it expires. Mr. Lentz noted the Open Space must be dedicated by the time the mylar is signed. This must be strictly adhered to. Mr. Lentz checked the regulations and it is on Page 7-14 of the Subdivision Regulations.

7. New Business

(a) Flanagan Brook 2 Lot Subdivision, Green Hill Road , - receipt of application

Roger Nemergut introduced himself as the applicant's representative. He noted this is a proposed 2 lot subdivision at 188 Green Hill Road . This is an 18 acre piece that the owner would like to split into two parcels. There is an existing house on the north side of the brook which would be a 3.7 acre lot. The balance of the 18 acres would be a big house lot. Mr. Nemergut noted the Wetlands Agency has given a permit for a significant crossing of the brook. Chairman Martens asked if this was a resubdivision. Mr. Nemergut replied no. He indicated the applicant is now in the process of gathering the referral letters from appropriate individuals. A letter was received from the Code Official relative to a preliminary review of the subdivision. There was a brief discussion regarding whether or not a Conservation Subdivision would be beneficial in this instance. Chairman Martens noted the Commission would not discuss this any further until the balance of the information is received.

(b) Amendment to Special Exception, Brad Turley, 70 Route 80

Roger Nemergut noted there would be a total of 8 proposed structures, 4 being 12 x 44 two stall stables. There is also an interior central portion available for tack and hay storage. Each building would have a stall on each end with a central area for storage. Chairman Martens asked what the stables would be made of. Mr. Nemergut noted they are wood construction. They are pre-constructed and come in on a trailer. Chairman Martens asked if there is a foundation. Mr. Nemergut noted that is one of the issues raised by the Code Official and they will have to go on foundation. Chairman Martens noted this would have to go to Public Hearing. Mr. Nemergut noted he will be meeting with the Code Official next week to review the issues in his letter. Mr.Nemergut noted there were some concerns the last time about lighting. They have modified the lighting and changed the halogen to incandescent and replaced some of the standard flood lights. There are lower wattage fixtures and some of the lights were put on motion detectors to be used only on an as-needed basis. Mr. Nemergut noted there is currently no lighting level at the property line greater than a tenth of a foot candle. A public hearing was scheduled for June 1, 2004 . Mr. Turley explained the reason for the expansion was due to word of mouth referrals. The riding arena brings in potential boarders. Mr. Speicher noted the neighbors would think of this as a significant escalation. Mr. Turley noted he is on the premises for two or three hours every day and he has someone on premises from 7:00 AM every day. There was a brief discussion about moving the 3 horses that Mr. Turley owns to a different area and whether that would make a difference. Chairman Martens asked how many horses there would be total if the proposal was approved. Mr. Nemergut replied the additional 8, plus the already approved 4, plus Mr. Turley's 3 horses.

(c) Leninski Logging Application

C. Jefferson noted there isn't anything for Planning & Zoning to do yet with this application. Inland Wetlands hasn't decided yet on their permit. Ms. Jefferson will be going on a site walk but Mr. Leninski hasn't marked the trees yet.

(d) Special Exception Application #188

Barbara Speicher, 235 Reservoir Road - application for accessory apartment was received. C. Jefferson noted this would have to go to public hearing. A public hearing was scheduled for June 1, 2004 .

(e) Moss Property, Burr Hill Road

Chairman Martens read a letter regarding the Moss property on Burr Hill Road relative to dedication of Open Space to the Town. As this is being transferred into a Living Trust that means it is exempt. Before the property is developed, there would have to be individual lots with individual wells and septic systems.

8. Report of Officers and Subcommittees

Bond Chairman Speicher reviewed the recommended bond amounts for Heft Brook Estates and Surrey Ridge Subdivisions. Motion by Mr. Speicher, second by Mr. Annino, to set the bonds at the recommended amounts by N. L. Jacobson & Associates as follows - Heft Brook Estates - Performance Bond at $356,100 and Erosion Control Bond at $10,100; Surrey Ridge Subdivision - Performance Bond at 108,900 and Erosion Control Bond at $10,300. VOTE: In favor - Speicher, Annino, Hale, Lentz, Adametz, Martens. Opposed - none. Motion Carried.

9. Adjournment

There being no further business, the meeting was adjourned at 9:05 PM .

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Minutes of Regular Meeting 841 of the Killingworth Planning and Zoning Commission held on Tuesday, March 2, 2004 , at the Killingworth Town Office Building

Present: C. Martens, Chairman, C. Jefferson, ZEO
T. Lentz, J. Speicher, L. Annino, D. Hale, J. O'Brien
S. Morgan (non-voting alternate), J. Adametz (non-voting alternate)
E. Hayash (non-voting alternate)

Public Hearing - Special Exception Application #186 submitted by Gary Shettle, Regional School District 17, 9 Little City Road, Higganum, Connecticut for a Special Principal Use, Residential District, as a public school on property owned by Regional School District 17 located on Route 81, Killingworth, Connecticut, Tax Map 20, Parcels 25, 26B, 27, Zoning District RR.

It is noted for the record the above public hearing was opened, a letter of withdrawal was read into the record, and the public hearing was closed.

1. Call to Order

C. Martens called the meeting to order at 7:46 PM immediately following the above public hearing.

2. Minutes of Regular Meeting No. 840 Held February 17, 2004

Motion by Mr. Speicher, second by Mr. Lentz, to approve the February 17, 2004 Minutes amended as follows -

Page 1, bottom of page, correct sentence to read “This building at 8,000 square feet is now pre-existing nonconforming use .”

Page 2, half way down the page, correct sentence to read “Mr. Speicher noted the Town also doesn't want a Walmart or Home Depot to put our hardware store out of business.”

Page 5, under (b), correct sentence to read “Attorney Howard suggested maybe $5 per month, and if it is more than $10, then it would have to be prepaid annually.”

VOTE: In favor - Speicher, Lentz, Annino, Adametz, O'Brien, Martens. Opposed - none. Motion Carried.

3. Visitors - none.

4. Communications and Bills

(1) Copy of Board of Selectmen Minutes from February 23, 2004 .

(2) Certified Green Card Returned by Gary Shettle.

(3) Affidavit of Publication for Regional School District 17 Public Hearing.

(4) Letter from Gary Shettle, Regional School District 17, dated March 2, 2004 (handwritten date) to Charles Martens Re Withdrawal of Regional School District 17 Application #186.

(5) Memorandum from Thomas Harty, N. L. Jacobson & Associates dated February 13, 2004 to Charles Martens Re Regional School District 17, Killingworth Intermediate School .

(6) Fax copy of letter from Thomas Harty, N. L. Jacobson & Associates dated February 24, 2004 (5 pages) to Charles Martens Re Regional School District 17, New Intermediate School, Special Exception #186, Engineering Review.

(7) Letter from State of Connecticut DEP dated February 26, 2004 to Ray Gradwell, P.E. Re Regional School District 17, Killingworth, construction of two detention basins.

(8) Copy of letter from Richard E. Leighton, Code Official, to Jeter Cook & Jepson dated Febarury 22, 2004 Re Comments Revised Site Plan, Regional School District 17, Proposed Intermediate/Middle School, Fire Protection Review Comments, Revised Site Plan 12/30/03.

(9) Copy of letter from Richard E. Leighton, Code Official, to Jeter Cook & Jepson dated November 14, 2003 Re Comments, Proposed Intermediate/Middle School, Regional School District 17, Fire Protection Review Comments.

(10) Letter from John Hine dated February 27, 2004 to Charles Martens Re concerns regarding negative effects of the Intermediate Middle School on the enjoyment of their property.

(11) Letter from Representative Jim Spillone regarding a legislative alert having to do with a public hearing for raised bill #5526 entitled “Act Concerning Real Estate Conveyance Tax and Harbor Management Plans.”

5. Old Business

(a) Special Exception #186, Regional School District 17, application for construction of new intermediate/middle school Chairman Martens reiterated that the applicant has withdrawn this application. He noted there needs to be a regulation that would facilitate the application for a Middle School in Killingworth. The regulation currently in effect was never meant to exclude regional schools, but had certain criteria that would make a large school difficult to place within the regulations. Chairman Martens noted there was a meeting this morning attended by various individuals, one of who was the Zoning Enforcement Officer, Cathie Jefferson. A draft regulation had been prepared by Messrs. Lentz and Martens during the week and shown to the Town Attorney today. The Town Attorney noted he didn't have any problem with it. Chairman Martens reviewed the regulation. He noted “non-profit public “ would be deleted from the current regulation, Section 61A.2(P). A new regulation, Section 61A.2(Q) would be added. Chairman Martens noted the school's attorney proposed a new regulation Section 61A.1 which would come under General Principal Uses and not require a public hearing. Everyone has agreed on the general regulation, but disagrees on whether it should be come under a General Principal Use (no public hearing) or Special Principal Use (requiring a public hearing). Chairman Martens next reviewed definitions for setbacks, improvements and buildings. The exclusions in a setback were reviewed. It was agreed to change the reference to improvement in setback to building. Mr. Annino noted he had concerns regarding the requirements for lot size. There was discussion regarding number of students and how it relates to the lot size. After much discussion, the following language was recommended for lot size - “size of the lot shall be sufficient to support the proposed activities but in no case shall be less than 25 net buildable acres.” Mr. Annino noted his concern was being consistent with the Town Plan of Development (sewer avoidance). Chairman Martens asked members whether this should go under a General Principal Use or Special Principal Use. Mr. Speicher noted he would never consider this without holding a public hearing. Mr. O'Brien noted he felt the public deserves a public hearing. Chairman Martens noted the new regulation would then be Section 61A.2(Q) and to clarify setback the word “improvement” would be changed to “building” in the definition.

Chairman Martens reviewed the timetable for the proposed regulations change. It was suggested this new regulation could be added to the current package being worked on.

Mr. Lentz next reviewed the changes pertaining to this new regulation. Everyone agreed this could now go forward as read by Mr. Lentz.

(b) Special Exception #187, Gary Frohlich, for Earth Removal, Lot 17 of Lower Ledge Subdivision on River Road – public hearing scheduled for April 6, 2004

Chairman Martens noted a public hearing has been scheduled for April 6, 2004 for Special Exception Application #187, Gary Frohlich.

6. Zoning Enforcement Officer's Report

(a) C. Jefferson noted she received letters from Tom Harty setting the bonds for Heft Brook Estates. The lawsuit has been dropped against the Inland Wetlands so they will be starting soon.

(b) C. Jefferson noted the three roads approved nearly a year ago by P&Z are being dealt with by the Board of Selectmen now that they finally received all documentation. The developer is requesting release of their maintenance bond because it has been over a year since Planning & Zoning said everything was okay. Ms. Jefferson asked whether this has to go for one year after acceptance of a town road, or from when P&Z has said everything is okay. The regulations say it has to go through a winter season. Mr. Lentz read the regulation that stated “…a ten percent cash bond shall be maintained in full force and effect for a period of one year after final acceptance of the road by the Town.”

7. New Business

Chairman Martens asked members if they supported the conveyance tax as reviewed earlier under Communications above (11). It was agreed the Commission supports this bill. There was discussion as to whether this goes to the State or to the Town. Motion by O'Brien, second by Lentz, for Chairman Martens to send an email in support of the conveyance tax raised bill #5526. VOTE: In favor - O'Brien, Lentz, Martens, Speicher, Annino, Adametz. Opposed - none. Motion Carried.

8. Report of Officers and Subcommittees

There was continued discussion regarding the proposed regulations changes. It was decided Mr. Lentz would modify the upland review area to only permit class A-E at 25 percent.

9. Adjournment

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

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Minutes of Regular Meeting 840 of the Killingworth Planning and Zoning Commission, Tuesday, February 17, 2004 , at the Killingworth Town Office Building

Present: C. Martens, Chairman, C. Jefferson, ZEO
T. Lentz, J. Speicher, L. Annino, D. Hale, J. O'Brien
S. Morgan (non-voting alternate), J. Adametz (non-voting alternate)
E. Hayash (non-voting alternate)

1. Call to Order

Chairman Martens called the meeting to order at 7:30 PM .

2. Minutes of Regular Meeting No. 839 Held February 3, 2004

Motion by Mr. Speicher, second by Mr. Lentz, to approve the February 3, 2004 Minutes as written. VOTE: In favor - Speicher, Lentz, Annino, Hale, Morgan, Martens. Opposed - none. Motion Carried.

3. Visitors

(a) Killingworth True Value Hardware, Route 81 – Informal Discussion

Roger Nemergut introduced himself along with Tom Cost from Killingworth True Value Hardware. Mr. Cost is proposing an addition to the existing building located on the southwest corner of Stevens Road and Route 81. Mr. Nemergut noted the black dash line on the map is the existing hardware building. The shaded areas are proposed addition and/or proposed free standing building. In 1992 a permit was granted for the original hardware store building. In 1996 a special exception was granted for an addition to the west side of the building. The building today is 8,000 square feet. Mr. Nemergut noted at the time this building fell within the regulations in terms of size and other aspects of the commercial zoning district. He didn't think there was a maximum size limitation on the commercial buildings at that time. Mr. Nemergut explained that in 1999 there was a zone change creating two commercial zoning districts. This particular lot fell within the general commercial zone and there was a stipulation that no building could be larger than 5,000 square feet. This building at 8,000 square feet is now pre-existing nonconforming. Two or three years ago, the Hardware Store approached Mr. Nemergut with the idea of putting an addition on to the building. It was noted right off that there was going to be a problem because of the size requirement in terms of it not being in conformance with the Zoning Regulations. Mr. Nemergut indicated he came in about two years for an informal discussion and showed an addition and free standing building. The difference in this drawing is that it is 6,500 square feet (instead of the original 7,000), the connector is 760 square feet (original 2,500), and the storage building is being proposed at 3,000 square feet (original 2,300). In summary, the connector got substantially smaller, the addition got a little bit smaller and the storage building got a little bit bigger. Tom Cost reviewed the letter from William Douglas Murdoch, Senior Retail Operations Specialist from True Value dated February 9, 2004 . Mr. Cost noted they realize the constraints they are under and have looked at alternatives. He indicated that operating several different store fronts with one business entity is very risky. From a competitive standpoint, Walmart has moved into both Saybrook and Guilford . Home Depot opened up in Middletown 3 weeks ago and are looking for a location on the shoreline between Old Saybrook and Branford. This is a major concern as they have seen other True Values and independents go by the wayside because they have been unable to stay competitive. Mr. Nemergut noted the letter from Mr. Murdoch highlights the fact that Killingworth True Value needs to grow in order to survive. Regardless of what form this takes, it will take a variance. This proposal is structured in a way to have the least amount of problems. Chairman Martens noted the applicant would have to take this to the ZBA for a variance. Regardless of what the Commission thinks of the plan and its goals, it has to stick with the 5,000 square feet and can't increase the nonconformity. Mr. Nemergut reviewed the parcels in response to a question from Mr. Annino. There was discussion as to whether or not the parcel could be subdivided. Mr. Lentz noted the applicant could put up multiple buildings as long as they weren't over 5,000 square feet. He also noted the reason for this regulation with the limitation of 5,000 was so that Killingworth doesn't have any of these Box Stores. Mr. Speicher noted the Town also doesn't want a Walmart or Home Depot put our hardware store out of business. Chairman Martens asked if the proposal would solve the future expansion needs. Mr. Cost replied yes at this location. Mr. Lentz asked why the building couldn't be 5,000 as it is only 1,500 more than the limitation. Mr. Cost noted they don't have the proper amount of management facility in the current location. As they grow, they need more personnel and space. They don't even have a lunch room currently. Mr. Cost indicated they are not only competing for consumers, but for workers too. This is the smallest amount of space that they can move forward with with the types of products and offerings they wish to bring to Town. Mr. Speicher noted he liked the idea of the glass atrium, but was concerned that there be no advertising on it. Chairman Martens noted the applicant was already nonconforming with an 8,000 square foot building. It would be easier if the new proposal fit the existing regulation at 5,000 square feet. Chairman Martens asked Mr. Nemergut how much area would be paved. Mr. Nemergut noted the paving limits were shown in red on the map. He indicated the detention pond would move south. It was the consensus of members that the new proposal should fit within the existing regulation of 5,000 square feet. Messrs. Cost and Nemergut thanked the Commission members for their time.

4. Communications and Bills

(1) Conwood Foresters application for work at Reservoir Road was received.

(2) Site Lighting Plans (revised) and Site Sign Plans for Region School District 17 New Intermediate/Middle School in Killingworth were received.

(3) Legal Notice Publication for Surrey Ridge Subdivision.

(4) Copy of Water Pollution Control Authority Minutes from February 4, 2004 .

(5) Copy of Inland Wetlands & Watercourses Commission Minutes from February 10, 2004 .

(6) Copy of letter to Terrance & Maureen O'Neill from Connwood Foresters, Inc. dated February 17, 2004 Re Connecticut Water Company Killingworth Reservoir Expansion Project.

(7) Fax copy of Memorandum from Thomas R. Harty, N. L. Jacobson & Associates to Charles Martens dated February 13, 2004 Re Regional School District #17, Conditions of Approval by Inland Wetlands and Watercourses Commission.

(8) Copy of letter to Killingworth True Value Hardware from Wm. Douglas Murdoch, Senior Retail Operations Specialist dated February 9, 2004 Re Market and Analysis.

(9) Letter from Jeter Cook & Jepson to Charles Martens dated February 17, 2004 Re New Intermediate/Middle School, Interpretation of Killingworth Zoning Regulations.

(10) Letter from Cornerstone Construction to Cathy Jefferson dated February 5, 2004 Re Jacob Lane Maintenance Bond Release.

(11) Copy of letter from Town of Clinton Planning & Zoning Commission to Peter M. Sipples dated January 15, 2004 Re Denial of Application to Amend Zoning Regulations.

(12) Copy of Notice of Tentative Determination for Intent to Issue a State Permit and an Underground Injection Control Permit for Discharge into the Waters of the State of Connecticut based on an application submitted by Regional School District #17.

5. Old Business

(a) Special Exception #186, Regional School District 17, application for construction of new intermediate/middle school – public hearing scheduled for March 2, 2004

Tom Dowling from Jeter Cook & Jepson introduced himself as the applicant's representative. He noted they checked some things after the last meeting and would now like to seek confirmation. Mr. Dowling referenced and read Section 61A.2(P) wherein it talked about a minimum buildable lot size. They have interpreted this project as not needing to comply with this regulation pertaining to lot size. He indicated Regional School District 17 would not fall under the Non-Profit Organization and is specifically not under the rules of a 501(c)(3) (Internal Revenue Code) organization. Mr. Dowling also noted Section 33-1002 of the Connecticut General Statues clearly excludes any municipality or any of its agencies or departments from being deemed a non-profit organization under State law. That is how they came to the interpretation that the minimum buildable lot size does not apply to this project. Chairman Martens explained this regulation came about because of an application for a religious school in a residential zone. There was no regulation at that time that allowed a school in a residential zone. It didn't fall under the category of municipal improvements either. Mr. Lentz noted he agreed that that regulation was not meant to cover Regional School District 17, and the District doesn't meet the definition that is in the regulations. Mr. Lentz noted the regulation requires a certain amount of acreage for a certain number of students, and there is probably not enough land. Mr. Dowling reviewed the maximum acreage required by the State for reimbursement purposes. Chairman Martens also noted that if this proposal doesn't fall under Section 61A.2(P), then it doesn't need a public hearing.

(b) Special Exception #187, Gary Frohlich, for Earth Removal, Lot 17 of Lower Ledge Subdivision on River Road – public hearing scheduled for April 6, 2004

Chairman Martens noted a public hearing has been scheduled for Special Exception Application #187 for Earth Removal on April 6, 2004 .

6. Zoning Enforcement Officer's Report

(a) C. Jefferson noted she met with representatives from Deer Lake LLC. There still are outstanding items on Beaver Dam and Buell Hill Roads. There are two items that they hope to complete within the next couple of weeks (extend guard rail another 10-15 feet and clean out one of the plunge pools).

(b) C. Jefferson noted the sign is down on Route 81. The property owner has agreed to remove the sign and come in for a customary home occupation.

(c) C. Jefferson noted the 2004 What's Legally Required is now available and Diane Zukowski will order copies.

(d) Chairman Martens reviewed an upcoming seminar to be held in Rocky Hill on Planning & Zoning Issues.

7. New Business

(a) Timber Harvest Application, Connwood Foresters – Connecticut Water Company property on Reservoir Road

C. Jefferson noted this is the initial timber harvesting that goes along with the expansion of the dam for The Connecticut Water Company. The State DEP has already approved it. Connwood Foresters is going to clear cut about 5 feet along the edge of the water. A representative from Connwood reviewed the work. He noted there was only one abutting property owner who has acknowledged receipt of the application. This work will be done in two phases - four acres this winter and spring to do prep work and mitigated area over the summer, and the rest of the 19 acres after that. Chairman Martens asked how long this project was going to be. It was noted the project will be put out to bid with a requirement that it be done within a two month period but it should be environmentally friendly. Mr. Lentz asked what would happen to the slash. It was noted some of it will be chipped and removed off site, and some will be chipped and broadcast into the woods. There will not be any areas of piled up debris.

(b) Chairman Martens noted the Clerk has received a request from Terry McDermott to email him copies of agendas and minutes. After checking with the Town Attorney on the legal requirements, it has been determined there is no electronic requirement for agendas or emails even with a written request. Chairman Martens noted someone may request a specific set of minutes, but not a blanket request for the whole year. In this instance, there can be a copy charge of 50 cents per page. Chairman Martens noted there is a Statute that says someone can request in writing a subscription of notifications of meetings and special meetings for a year. There can also be a reasonable charge for this service. Attorney Howard suggested maybe $5 per month, and if it is more than $10, then it would have to be prepaid. Chairman Martens noted the Agendas are also available by website.

(c) Chairman Martens reminded everyone there is a site walk on Sunday, February 22, 2004 , at 9:00 AM for Regional School District 17.

8. Report of Officers and Subcommittees

Mr. Lentz briefly reviewed the proposed changes to the regulations as edited after receipt of comments from Attorney William Howard. Mr. Speicher noted he would like to see the number of poultry and rabbits put back to 100, rather than the change to 50. Motion by Mr. Speicher, second by Mr. Annino, to leave the number of poultry and rabbits at 100. VOTE: In favor - Speicher, Morgan, Annino, Hale. Opposed - Lentz, Martens. Motion Carried. Chairman Martens asked that members review these proposed regulations for the last time and at the next meeting a timetable will be set up proceeding to public hearing.

It was noted C. Jefferson will contact the Town Engineer to take a look at Jacob Lane to see whether the maintenance bond can be released per the request of Cornerstone.

9. Adjournment

There being no further business, the meeting adjourned.

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Minutes of Regular Meeting 838
January 20, 2004

It is noted for the record a public hearing was held for Subdivision Application #290 submitted by Kishel Construction, LLC and Donald W. & Francis Koerlin, 379 Green Hill Road, Madison and 449 Roast Meat Hill Road, Killingworth, respectively, for a 6 Lot Resubdivision as shown on plans entitled “Resubdivision, Historical & Archaeological Features Preservation Plan Prepared for David Kishel “Surrey Ridge” Roast Meat Hill Road Killingworth, Connecticut” on property owned by Kishel Construction, LLC & Donald W. and Francis Koerlin located 1900 feet south of intersection of Route 148 and Roast Meat Hill Road (East Side), Tax Map 20, Parcel 37D & 42AA, Zoning District RR. The public hearing commenced at 7:30 PM and was closed at 8:06 PM .

Meeting:

Present: C. Martens, Chairman C. Jefferson, ZEO,T. Lentz, J. Speicher, L. Annino,D. Hale,J. O'Brien, S. Morgan (non-voting alternate),J. Adametz (non-voting alternate), E. Hayash (non-voting alternate)

1. Call to Order

C. Martens called the meeting to order at 8:07 PM immediately following the public hearing noted above.

2. Minutes of Regular Meeting No. 837 Held January 6, 2004

Motion by Mr. Hale, second by Mr. Lentz, to approve the January 6, 2004 Regular Meeting amended as follows –

•  Page 1, under 3(a), 10 th sentence should read “The existing garage would be removed.”

•  Page 2, 1 st paragraph, 5 th sentence should be changed to read “Mr. Lentz noted there is another problem in that commercial use into an adjacent residential zone is very limited.”

VOTE: In favor – Hale, Lentz, O'Brien, Annino, Speicher, Martens. Opposed – none. Motion Carried.

3. Visitors – none.

4. Communications and Bills

(1) Chairman Martens noted several pieces of correspondence were entered into the record during the Surrey Ridge Subdivision Public Hearing.

(2) Memo from Terry McDermott to Killingworth Planning & Zoning Commission dated January 20, 2004 requesting electronic copy of Agenda and Minutes for the next 12 months.

(3) Invoice from Ciel in the amount of $22.50 (re Plans for Cranberry Lane Subdivision pending litigation).

(4) Copy of Board of Selectmen Record of the Vote from January 12, 2004 .

(5) Copy of Board of Selectmen Minutes from Special Meeting of January 15, 2004 .

(6) Letter from Connecticut River Coastal Conservation District, Inc. to David L. Denvir dated January 5, 2004 regarding financial support for FY '05 in the amount of $1,561.

(7) Notice from Clinton Planning & Zoning Commission regarding Special Meeting of February 23, 2004 Re Amendment to the Zoning Regulations Section 12: Neon Signs.

(8) Copy of letter from CRERPA to Clinton Planning & Zoning Commission dated January 6, 2004 Re Petition to Amend Zoning Regulations Section 12.9.5, Prohibited Signs.

(9) Copy of Board of Selectmen Minutes from January 12, 2004 .

(10) Memorandum from Howard, McMillan & D'Aquila dated January 16, 2004 Re Proposed Zoning Regulation Amendments.

(11) Copy of letter from Richard E. Leighton, Code Official, to Thomas A. Stevens dated January 9, 2004 Re The Ridges at Deer Lake S/D Phase III & IV, Sanitarian's Comments.

(12) Original letter from N. L. Jacobson & Associates to Planning & Zoning Commission dated December 31, 2003 Re Heft Brook Estates Subdivision, Parker Hill Road, Engineering Review.

(13) Copy of Special Exception Application Transmittal (enclosing application and plans) from Regional School District 17 Re New Intermediate Middle School.

(14) Copy of letter from Connecticut State Museum of Natural History to Stuart Fairbank dated December 19, 2003 Re Marcinek Property, 2 Lot Subdivision.

5. Old Business

(a) Surrey Ridge Subdivision, Roast Meat Hill, 6 Lot Subdivision #290, submitted by Kishel Construction

Chairman Martens noted there are 3 requests for waivers – landscaping plan, timber cutting and Section 7.4.1.D. The Section 7.4.1.D pertains to the 200 foot frontage for Lot 2. The applicant is requesting a waiver to 150 feet so the driveway can be moved over from the wetlands. Mr. Martens noted everything else was in place during the public hearing. Mr. Speicher noted he wasn't clear as to why a waiver was being requested for timber cutting. C. Jefferson explained the request was because of how this is stated in the subdivision regulations. The regulations should state a request is necessary for “over so many board feet.” The Zoning Regulations clarify this but the Subdivision Regulations do not. Mr. Speicher noted the frontage issue was discussed at the second site walk and he felt the explanation for it made a lot of sense. Mr. Annino pointed out the waiver for the frontage would be for the purpose of keeping the driveway on Lot 1 out of the wetlands review area. Motion by Lentz, second by Annino, to approve the three waivers for Surrey Ridge Subdivision for Landscaping Plan, Timber Cutting and Frontage (Section 7.4.1.D) for Lot 2. VOTE: In favor – Lentz, Annino, O'Brien, Speicher, Hale, Martens. Opposed – none. Motion Carried.

Chairman Martens noted the waivers have been granted and the application is complete. The necessary approvals have been received for the fire protection plan and sanitation. There is nothing significant archeologically on the lots. Everything else is in place. Motion by Speicher, second by Annino, to approve the Surrey Ridge Subdivision Application #290 on Roast Meat Hill Road . VOTE: In favor – Speicher, Annino, Hale, Lentz, O'Brien, Martens. Opposed – none. Motion Carried.

(b) Timber Harvest Application submitted by Peter Marlowe for Estate of Bernard Roth, 39 Beckwith Road

C. Jefferson noted she visited the site and approvals have been received from Inland Wetlands. The landing site is back on the property well away from the road. There is an established driveway and it doesn't look like there will be any problem. It was noted the part of the property up near Beckwith Road is not being done. Motion by O'Brien, second by Speicher, to approve Timber Harvest application for Estate of Bernard Roth, 39 Beckwith Road . VOTE: In favor – O'Brien, Speicher, Lentz, Annino, Hale, Martens. Opposed – none. Motion Carried.

6. Zoning Enforcement Officer's Report

(a) C. Jefferson noted she had the mylars for the Marcinek property which requires the Chairman's signature. A copy of the archeological report was also submitted from Nicholas F. Bellantoni, Connecticut State Archeologist.

(b) C. Jefferson noted she started reviewing privately owned, larger parcels of property a few years ago when the Town got GIS. She indicated nothing further has been done relative to this as she is awaiting the IT upgrade that the Town is undertaking. C. Jefferson noted 7 or 8 of those larger parcels have been developed in the last 5 years. She is working on identifying the owners of all the parcels. Mr. Lentz noted it is a shame the Commission can't make more use of the GIS. Chairman Martens agreed noting the ZEO needs a new computer in order to continue working on this project.

7. New Business

(a) Special Exception #186, Regional School District 17, application for construction of new intermediate/middle school – receipt of application

Kjell Tollefson was present representing Regional School District 17 on the Building Committee. The application for the new intermediate/middle school on Route 81 was submitted. He indicated the project's engineer and architect (Graham Curtis and Tom Dowling) were present if there were any questions. Chairman Martens noted there were some conditions stipulated by the Inland Wetlands approval that were to have been put on the site plan and asked if that had been done. Mr. Tollefson noted that has been done and the plans were resubmitted last Tuesday. Tom Dowling from Jeter, Cook & Jepson