Planning and Zoning Commission

Present - C. Martens, Chairman, C. Jefferson, ZEO, T. Lentz, J. Speicher, L. Annino, J. O'Brien, D. Hale

2. Minutes of Regular Meeting No. 870 Held June 7, 2005
Motion by Mr. Speicher, second by Mr. Hale, to approve the June 7, 2005 Minutes amended as follows -
• Page 2, last paragraph, change the words "...to accept..." in the motion to read "...to recommend...".
SO VOTED.

4. Communications and Bills
(1) Certified Mail Green Card Receipt from Middlesex Development Co., Inc. Re Scenic Road Petition for Abner Lane Road.

(2) Minutes and Record of the Vote from Board of Selectmen Meeting for June 13, 2005.

(6) Letter from Southern Connecticut State University addressed to Charles Martens on an Applied Graphics (GIS) ESRI Introductory Course during June, July and August.

(7) Letter from Connecticut Office Of Policy and Management, W. David LeVasseur, Undersecretary Intergovernmental Policy Division Re Conservation and Development Policies Plan for Connecticut 2004-2009.

(8) Original letter from Joseph M. Dillon, P.E., N. L. Jacobson & Associates dated June 6, 2005 Re Review for Release of Maintenance Bond Fox Run Lane Wolf Hollow Estates Section IV.

(9) Original letter from Joseph M. Dillon, P.E., N. L. Jacobson & Associates dated June 6, 2005 Re Rachel's Court Subdivision Rachel's Court Review for Road Acceptance.

(10) Original letter from Joseph M. Dillon, P.E., N. L. Jacobson & Associates dated June 6, 2005 Re Living Rock Church of Killingworth Route 81 Application for Special Exception.
(11) Copy of Superior Court Summons, Cartocetis vs. Killingworth Planning & Zoning Commission.

5. Old Business
(a) Scenic Rural Road Petition, Abner Lane Road - public hearing scheduled for
July 5, 2005

Chairman Martens noted the public hearing for the Scenic Rural Road Petition has been scheduled for July 5, 2005.

6. Zoning Enforcement Officer's Report
(1) C. Jefferson reported on the progress of the new intermediate school. They have just about finished with the blasting and getting ready to move their trailers now to where the school is going to be. They have cleared everything and the septic system will start going in within the next couple of weeks. They are planning on having all the site work done this year and the ball fields will be going in in the fall. They have been lucky with the weather. There have been no breaches in the E&S.

(2) With regard to the fee schedule, C. Jefferson noted the fees had recently been updated except for the Administrative Zoning Permit which is $40.00, $30.00 of which goes to the State. She noted the Town of Chester changed their fees based on a value of the work being performed. They used a flat $30.00 zoning fee with $30.00 on top of that for the State so if the project was less than $5000, it was a flat $60.00. After that the cost is $1.00 for each additional $1000 in value. Chairman Martens asked Ms. Jefferson to prepare a draft of this and how it would apply to recently issued permits. The Commission should also look at any other fees it wishes to revise.

7. New Business
(a) Lot Line Change - Mary Hotchkiss, 160 Cow Hill Road
Roger Nemergut, Project Engineer, introduced himself as the applicant's representative. Mr. Nemergut noted this was Lot No. 1 of a subdivision approved back in 1969 as the Deerfield Hills Subdivision. He reviewed the original subdivision map showing the Killingworth/Clinton Town Line and the approved 4 lots. Mary Hotchkiss who owns the adjoining property in Clinton has a contract to purchase Lot 1 of the subdivision. Ms. Hotchkiss' objective is to modify the lot line for Lot 1 in order to add to her small farm. The yellow line highlighted on the map would be the final configuration of Lot 1 if approved and go from 7 acres to 3.09. It would still have a 2.28 net buildable area and would still contain the rectangle. The blue area is the balance of Lot 1 that would be transferred over to Mary's property in Clinton and increase accordingly. Soil testing was done on the smaller piece which indicated it was suitable for septic, but the Commission may not have received the Town Sanitarian's letter yet. Mr. Leighton has confirmed everything was okay and it's just a matter of getting the paperwork submitted. Mr. Nemergut noted they have tried to follow the stone walls. Chairman Martens noted the Commission could not act on this matter until a review is submitted by Mr. Leighton, Code Official. He noted this was the time for members to ask questions. Mr. Speicher asked why the notch was being taken out. Mr. Nemergut noted there was a problem getting the rectangle in thus the need for the bump out. The lot in Clinton will be 9.1 acres and the smaller lot will be 3.9 and still has the required net buildable acres. Mr. Annino questioned whether the house right on the Clinton line on the Killingworth side was nonconforming and a duplex. It was noted that was built as a single family raised ranch.
(b) Special Exception No. 203 - Killingworth Kids Day Care Center, 155 Route 81
Roger Nemergut represented the applicant. He noted this was the parcel across the street from the True Value Hardware Store. In 2002 it was approved as a Special Exception for a 4900 square foot office building pretty much in the same location. This is a proposal for a 3600 square foot day care center. Mr. Nemergut briefly reviewed the plan. Chairman Martens asked about access. Mr. Nemergut noted the proposed access was to accommodate drop off. There would be 80 children. A public hearing was scheduled for August 2, 2005.

(c) Gary Frohlich, Lower Ledge - Earth Removal Permit
Chairman Martens noted there were things missing from the application. C. Jefferson reviewed those items - notification to the Town of Madison, erosion and sediment plan, construction sequencing. It was also noted the application included a request for waiver of fees. There was a brief discussion regarding erosion and sedimentation control on this site. It was noted this site needs to be closely monitored and the Town Engineer should be involved. Motion by Mr. O'Brien, second by Mr. Speicher, to approve the waiver fee request. Discussion followed. Chairman Martens noted there has been no fee paid for any Planning & Zoning engineering review and no fees have been received to date. The applicant's request is based on the fact that he has paid Inland Wetlands fees twice. Voting in favor - none. Opposed - unanimous. Motion failed. A public hearing was scheduled for Tuesday, August 16, 2005.

8. Report of Officers and Subcommittees
Chairman Martens noted he received the Phase II Survey for The Ridges @ Deer Lake Phase III/IV. C. Jefferson will bring copies of the Memorandums of Decision to the next meeting so the Commission can review it. T. Lentz took the Survey to review.

It was noted Chairman Martens and Tom Lentz will both be absent for the July 19th meeting.

9. Adjournment
There being no further business, the meeting was adjourned at 8:15 PM.

Minutes of the Regular Meeting 870 of the Killingworth Planning and Zoning Commission Tuesday, June 7, 2005 at the Killingworth Town Office Building

It was noted for the record that a public hearing was held for the Living Rock Church Special Exception Application No. 202 that commenced at 7:30 PM and closed at 8:01 PM.

Present: C. Martens, Chairman ,C. Jefferson, ZEO,T. Lentz,D. Hale, J. Speicher,J. O'Brien
S. Morgan (seated for L. Annino),
1. Call to Order
C. Martens called the regular meeting to order at 8:02 PM.

Chairman Martens noted he would like to add two items to the agenda. Motion by Mr. O'Brien, second by Mr. Lentz, to add the following items to the agenda 1) acceptance of road for Rachel's Court, and 2) maintenance bond reduction for Fox Run Lane. SO VOTED.

2. Minutes of Regular Meeting No. 869 Held May 17, 2005
Motion by Mr. Lentz, second by Mr. O'Brien, to approve the May 17, 2005 Minutes as written. SO VOTED.

3. Visitors
(a) Don Carlson - preliminary discussion re Anderson Property on Route 81
Don Carlson introduced himself as representative for the Anderson property on Route 81. He noted the Wetlands Commission had concerns about the two sets of wetlands crossings and the pond area. The new proposal is for a 1000 foot private road to the north of the cell tower location where the wetlands was the narrowest. The entrance to the cell tower would then be used as the driveway to serve the front lot. The front lot would be 8.3 acres with 4 acres of buildable lot area. Off the private road, there would be 4 front lots and 1 rear lot. The total size of the parcel was 56.94 acres. The six lots would range in size from 4.04 to 11.05 acres. There would be 14.04 acres of Open Space or almost 25 percent of the total parcel, not including the easement area for the cell tower. Mr. Speicher noted then the access to Lot 1 would be off of Route 81 at the old access. Mr. Carlson noted the access to the other lots would come off the private road. Chairman Martens asked about the grade. Mr. Carlson noted it is fairly steep at 10 percent. The cul-de-sac would still be sloped at about 6 percent. In the scheme of things, Mr. Carlson noted this proposal was pretty minimal impact. Commission members agreed the concept looked okay.

4. Communications and Bills
(a) Minutes of Board of Selectmen Special Meeting May 27, 2005.

(b) Two certified green card receipts regarding Buttendorf Settlement Agreement.

(d) Fax from N. L. Jacobson & Associates dated June 6, 2005 Re Rachel's Court Subdivision, Rachel's Court, Review for Road Acceptance.
(e) Fax from N. L. Jacobson & Associates dated June 6, 2005 Re Review for Release of Maintenance Bond, Fox Run Lane, Wolf Hollow Estates, Section IV.

(f) Letter from Donna Shanoff, Assessor, to Charles Martens, Planning & Zoning Chairman, dated May 18, 2005 Re Scenic Rural Road Petition for Abner Lane Road.

(g) Letter from Price van der Swaagh to Planning & Zoning Board dated May 18, 2005 Re Killingworth True Value.

(h) Legal Notice Publication and Affidavit of Publication for Living Rock Church Notice of Public Hearing.

(i) Fax from N. L. Jacobson & Associates dated June 6, 2005 Re Living Rock Church of Killingworth, Route 81, Application for Special Exception.

(j) Letter from Mr. & Mrs. John J. Stifel, 142 Route 81, dated June 6, 2005, in support of Living Rock Church Special Exception application.

5. Old Business
(a) Living Rock Church, 138 Route 81 - special exception #202 for addition of fellowship hall/community room/performing arts

Chairman Martens noted the applicant has requested a waiver of the requirements of site details (i.e. contours, elevations and site features).

Motion by Mr. O'Brien, second by Mr. Hale, to grant said waivers as requested. Discussion followed. Chairman Martens noted this could be granted if the Commission feels it would not impact the approval of the application. Mr. O'Brien noted the addition doesn't take up a lot of area and the Town Engineer's comments didn't raise any negative impact. Mr. Speicher noted the proposal doesn't have much effect on the footprint. SO VOTED.

Chairman Martens noted the application has all the required approvals. The Sanitarian did note, however, that this could impact the reserve area. Motion by Mr. Lentz, second by Mr. Hale, to approve the Living Rock Church Special Exception No. 202 for the addition of a fellowship hall/community room/performing arts. SO VOTED.

(b) Rachel's Court, Road Acceptance
Chairman Martens read letter from the Town Engineer dated June 6, 2005. Ms. Jefferson noted she has the as-builts and the deeds and they have been checked by the Town Engineer and Town Attorney. Motion by Mr. Speicher, second by Mr. Hale, to accept Rachel's Court as a Town road subject to the conditions in the Town Engineer's letter of June 6, 2005. SO VOTED.

(c) Fox Run Lane, Release of Maintenance Bond
Bond Subcommittee Chairman Speicher referenced the Town Engineer letter of June 6, 2005. Mr. Dillon noted in his letter there is no objection to releasing the maintenance bond for Fox Run Lane. Motion by Mr. Speicher, second by Mr. O'Brien, to release of maintenance bond for Fox Run Lane. SO VOTED.

6. Zoning Enforcement Officer's Report
(a) Ms. Jefferson distributed the permit log for the month of May.

(b) Ms. Jefferson noted she has copies of the private road ordinance to be distributed to members.

7. New Business
(a) Scenic Road Petition for Abner Lane Road
Chairman Martens noted the letter was received from the Assessor indicating the petition has been signed by the owners of a majority of lot frontage abutting Abner Lane Road, as of May 6, 2005, the date the petition was filed with the Killingworth Town Clerk. The next step is to set a date for a public hearing. A public hearing was set for July 5th.

(b) Mr. Speicher asked if anyone had noticed any dump truck activity on Route 80 from the old Falvey property. C. Jefferson will see if she can find out what is going on with this property.

8. Report of Officers and Subcommittees
It was noted the bonding issues were already dealt with under Old Business.

9. Adjournment
There being no further business, the meeting adjourned at 8:38 PM.

Minutes of the Regular Meeting 869 of the Killingworth Planning and Zoning Commission Tuesday, May 17, 2005 at the Killingworth Town Office Building

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

2. Minutes of Regular Meeting No. 868 Held May 3, 2005
Motion by Mr. O'Brien, second by Mr. Lentz, to approve the May 3, 2005 Minutes as written. SO VOTED.

3. Visitors
Mel Cartocetti was present. Mr. Cartocetti noted he wanted to address the Commission on a couple of issues regarding the Buttendorf Subdivision. He raised the issues about whether State Statutes had been followed with regard to notifying the Town of Haddam because the property was within 500 feet of the town line. He checked with Joe Hanson from the Town of Haddam about this notification, and he was not able to find anything. The second issue raised was the publication of the Memorandum of Decision and when the appeal by the Buttendorf's was taken. Mr. Cartocetti's research indicated the appeal was not taken within the 15 day window allowed from the publication of the decision. The third issue was Section 5.9.2 of the Zoning Regulations regarding Map Endorsement. This section indicates any plan not filed within the required amount of time shall become null and void. Mr. Cartocetti noted that if these items have not been complied with, then this subdivision should not go any further. He indicated he found out during the week that a deal has been brokered between the Buttendorf attorney and Town Counsel. He didn't understand why this was being done if the 15 day appeal period was not followed. Why should this be settled and subvert the process? He urged this Commission to vote down the settlement agreement tonight and look into what has happened here. Chairman Martens noted the first thing a Town Attorney does is check for procedural errors. Mr. Cartocetti again urged the Commission to look into this matter for compliance. Chairman Martens urged Mr. Cartocetti to contact Town Counsel to question any compliance. He also noted the time for appealing any decision on this matter was back in 2003 and the time now has passed. In terms of brokering a deal, Mr. Speicher noted the Town Counsel has kept the Commission informed of progress and Commission members have been advised of what has been discussed as this process has been moving forward.
4. Communications and Bills
(1) Written request from Mel Cartocetti to see file concerning the Buttendorf Subdivision on Pond Meadow Road.

(4) Note from R. Broach regarding Notice of Public Hearing for Parkside Resubdivision.

(5) Letter from Town of Westbrook Zoning dated May 2, 2005 Re Proposed Amendments to Westbrook Zoning Regulations.

(6) Memo from Killingworth Conservation Commission Re NEMO Workshop on Economic Development Planning for May 23, 2005 at 7:30 PM at KES, All Purpose Room.

(7) Letter from Killingworth Land Conservation Trust to Cathie Jefferson dated May 10, 2005 Re Buttendorf Cranberry Lane Subdivision.

(8) Original letter from N. L. Jacobson & Associates to Planning & Zoning Commission dated May 3, 2005 Re Clarkson Crossing Subdivision Bond Reduction.

(9) Letter from First Selectman Denvir to Planning & Zoning Commission dated May 12, 2005 Re Bethke Site Recreation Initiative.

(10) Letter from Killingworth Land Conservation Trust to Cathie Jefferson dated May 10, 2005 Re Powder Brook Subdivision Open Space.

(11) Letter and Map from Roger Nemergut to Planning & Zoning Commission dated May 12, 2005 Re Open Space Modification Powder Brook Subdivision Bethke Road.

5. Old Business
(a) Living Rock Church, 138 Route 81 - special exception #202 for addition of fellowship hall/community room/performing arts - public hearing scheduled for June 7, 2005

Chairman Martens noted the public hearing for this application has been scheduled for Tuesday, June 7, 2005.

(b) Discussion of agreement for Cranberry Lane Subdivision
Chairman Martens read the settlement agreement pertaining to the Cranberry Lane Subdivision. It was noted the letter from the Killingworth Land Conservation Trust accepting the Open Space has now been received. Members briefly reviewed the plan. It was noted the barn removal on Lot 7 should be included in the bond estimate. Motion by Mr. Speicher, second by Mr. O'Brien, to authorize Town Counsel to enter into this agreement with the Buttendorfs as stipulated in the May 5, 2005 document. A brief discussion followed. SO VOTED.

(c) Bethke Road Recreation Fields
The following three letters were received having to do with the Bethke Road recreation fields -
Letter from First Selectman Denvir to Planning & Zoning dated
May 12, 2005.
Letter from Bruce Dodson to Cathie Jefferson dated May 10, 2005.
Letter from Roger Nemergut to Planning & Zoning dated May 12, 2005.

C. Jefferson briefly reviewed the current status of this matter and the above mentioned letters. Chairman Martens read the three letters into the record. Motion by Mr. Annino, second by Mr. Speicher, to approve the request to reclassify 3 acres of Open Space proposed for the ball field from the Powder Brook Subdivision from passive to active recreation. Discussion followed. It was noted this is just step one in a multi step process to accomplish this matter. Mr. Lentz noted this was a logical thing to do and a good place for the ball field, but on the other hand he did not want to change the use of the land that buffers the neighbors' properties. Mr. Annino noted he was supporting this because this is a very unique piece of property that originally was Town property. SO VOTED with Mr. Lentz opposed.

(d) Timber Harvest, 171 Emanuel Church Road
C. Jefferson noted she did a site walk on this property. Wetlands have approved it. The landing site is off of Emanuel Church Road. Motion by Mr. Speicher, second by Mr. Annino, to approve Timber Harvest application for 171 Emanuel Church Road. SO VOTED.

6. Zoning Enforcement Officer's Report
C. Jefferson questioned whether a newcomer coming in could take over a Special Exception or whether a new application was needed. It was decided that if an operation was discontinued, a new application would be required.

C. Jefferson noted she received one copy of the Architectural Phase II Study from The Ridges of Deer Lake. The Commission is waiting for Nick Bellantoni's report on the findings. Chairman Martens will review it and return it to C. Jefferson.

C. Jefferson noted she met with Joe Dillon, new Town Engineer with N. L. Jacobson & Associates. They went over current happenings and regulations. Mr. Dillon was actually the road inspector with Jacobsons for many years and has now taken over for Tom Harty.

7. New Business
Motion by Mr. Hale, second by Mr. Annino, to add Scenic Road Petition to the Agenda under New Business. SO VOTED.

Chairman Martens noted a Scenic Road Petition was received from Paul D. Barefoot for Abner Lane Road from Beckwith Road at Route 148 to North Chestnut Hill Road. Mr. Martens read the petition into the record. He noted the Assessor must notify Planning & Zoning if the petition has been signed by the majority of owners of road frontage and if so, then the Commission has 35 days to set a public hearing. C. Jefferson will get copies of the Scenic Road Ordinance for the next meeting. Chairman Martens noted the Commission will accept the petition at this meeting, but will not take any action until the Assessor reports back to the Commission regarding the signature of the majority of owners of road frontage.

Minutes of the Regular Meeting 868 of the Killingworth Planning and Zoning Commission Tuesday, May 3, 2005 at the Killingworth Town Office Building

Present: C. Martens, Chairman, C. Jefferson, ZEO,T. Lentz, L. Annino, D. Hale (arrived at 7:37 PM ),J. O'Brien, E. Hayash , seated for J. Speicher), S. Morgan (seated for D. Hale until his arrival), J. Adametz (non-seated alternated)

Motion by Mr. Annino, second by Mr. Hayash, to approve the April 19, 2005 Minutes as written. So Voted. Motion Carried.

Mr. Mertz and his son, Tim, were present. Mr. Mertz explained his son was in the process of getting his merit badge for Scouts and one of the requirements was that he attend and observe at a town meeting.

(1) CT Stormwater Quality Manual Training notification for Tuesday, May 17, 2005 from 7:00 to 9:00 PM at Middlesex Extension Center in Haddam, CT.

(4) Inland Wetlands & Watercourses Commission Minutes from April 26, 2005 Meeting.

(6) Copy of Clinton Planning & Zoning Commission Agenda for May 9, 2005 Meeting.

(7) Certificate of Review Re Chapman/Walton Lot Line Revision from the Code Official.

(8) Copy of letter from Connecticut Siting Council dated April 21, 2005 to Robinson & Cole LLP Re Notice of Intent to modify existing telecommunications facilities in Guilford , Chester and Killingworth.

(9) Letter from First Selectman David Denvir to Planning & Zoning Commission dated April 26, 2005 Re Bethke Site Recreation Initiative.

(10) Letter from N. L. Jacobson & Associates to Planning & Zoning Commission dated May 3, 2005 Re Clarkson Crossing Subdivision Bond Reduction.

(11) Letter from Mark Mininberg to Planning & Zoning Commission dated April 26, 2005 Re Proposed Ball Field on Bethke Road .

(a) C. Jefferson noted an agenda item needs to be added to the next Planning & Zoning Commission meeting under Old Business for discussion of an agreement pertaining to the Cranberry Lane Subdivision.

(b) C. Jefferson noted the arguments will be started in the Supreme Court on May 16 th (without any witnesses) pertaining to the Graff litigation.

(d) C. Jefferson gave a brief update on the progress of the school. She noted the Inland Wetlands Commission was doing a site walk this evening and things are moving along. Ms. Jefferson also noted she was going to schedule a site walk with Joe Dillon (new engineer taking over at N. L. Jacobson as Town Engineer) to bring him up to speed on what's been going on.

(e) C. Jefferson noted she will be doing a timber harvest site visit on Thursday so this won't come up until the next meeting.

(a) Living Rock Church , 138 Route 81 – Special Exception #202, receipt of application for addition of fellowship hall/community room/performing arts.

A public hearing was scheduled for the Tuesday, June 7, 2005 , Planning & Zoning Commission meeting. Ms. Jefferson noted this was a scaled down version of a previously approved application that had expired. The Code Official's review has already been received and it doesn't have to go to Wetlands because there aren't any wetlands on the property. The Town Engineer had already reviewed the first application.

Motion by Mr. Hale, second by Mr. O'Brien, to add David L. Walton Lot Line Change application to the agenda under New Business. So Voted. Motion Carried.

Mr. Walton noted he and his two sisters have inherited their father's property which abuts his property. He explained the reason for the change was that part of the parking area for his property was actually on his father's property and they would like to correct that as it could be a problem in the future if the property were sold. This would not affect frontage of the property. Chairman Martens noted the Code Official's approval has also been received.

Motion by Mr. Annino, second by Mr. Hayash, to approve the Walton Lot Line Change application as shown on map dated January 11, 2005 . So Voted. Motion Carried.

The letter from Joseph Dillon of N. L. Jacobson & Associates pertaining to the Clarkson Crossing Subdivision Bond Reduction dated May 3, 2005 was read and reviewed.

Motion by Mr. Annino, second by Mr. Hayash, to approve the request for bond reduction of the Clarkson Crossing Subdivision to the recommended amounts in the N. L. Jacobson & Associates letter dated May 3, 2005 of $49,200 for the Performance Bond and $7,200 for the Erosion Control Bond. So Voted. Motion Carried.

There was a brief discussion regarding the Bethke Road change in Open Space from passive to active. Chairman Martens reviewed the Board of Selectmen Minutes where the process for allowing this to happen was discussed. A letter was received from First Selectman Denvir indicating that the Board of Selectmen have approved the concept of changing the open space classification of the Bethke Road property from passive to active. Before the Planning & Zoning Commission can take a vote on this, a letter should be received from the Land Trust requesting that Planning & Zoning approve the change intended. C. Jefferson will call both Bruce Dodson and Eric Auer to get the required documentation for the next meeting.

Tim Mertz asked if someone could explain the lot line change that was discussed earlier. Chairman Martens noted it changes one of the boundaries of a lot without making a new lot.

Minutes of the Regular Meeting 867 of the Killingworth Planning and Zoning Commission Tuesday, April 19, 2005 at the Killingworth Town Office Building

It was noted for the record that a public hearing was held for the Gerald Ryan Parkside Resubdivision on Patrick Drive.

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

C. Martens called the meeting to order at 7:45 PM immediately following the above noted public hearing.

Motion by J. Speicher, second by D. Hale, to approve the April 5, 2005 Minutes amended as follows -

C. Jefferson noted that Don Carlson had called to say he would not be attending this evening because he wanted to go before the Wetlands Commission to get some input on the crossings prior to coming back to Planning & Zoning.

Attorney Tom Cody, Land Use Lawyer from Robinson & Cole, introduced himself as representative for Killingworth True Value Hardware. He noted he was before the Commission a couple of weeks ago to explain the Cost family's position and request that Planning & Zoning look at an amendment to the zoning map or regulations to accommodate their plan for the expansion of the hardware store. Attorney Cody gave a brief review of what was discussed at the last meeting. There was discussion about changing the zoning map designation from general commercial to large commercial for that part of the street. The general commercial district has a 5000 square foot limitation. The second option would be to amend the text of the general commercial district to allow for greater flexibility in building sizes. Mr. Cody distributed and reviewed some draft language for Section 40V relative to building size. He added text in paragraph 3 changing the 5000 square foot limitation to a 17,000 square foot limitation with 3 options to choose from. Mr. Cody reviewed the 3 options in detail noting that any one of those would be acceptable to Killingworth True Value. He indicated the option laid out this evening allows the zone to remain as is, but it would be modified to accommodate slightly larger buildings for the Cost proposal. Attorney Cody noted they would like to prepare a Special Exception application that would accompany an application for one of these options. He asked for feedback as to which one of these options would be more appealing to the Commission.

Chairman Martens noted he had a meeting with Attorney Cody, Attorney Bill Howard (Town Attorney), Cathie Jefferson and the Costs on March 17 th. At that time he expressed concern about the proposed regulation change. The biggest obstacle is that it is not consistent with the Town Plan of Conservation & Development. Part of the rationale when approving an application or passing regulations is that it follows the Town Plan and this is opposed to the Town Plan. Chairman Martens further noted he didn't see how that could be overcome. Mr. Martens referenced a portion of the April 5 th Planning & Zoning Minutes where this had been discussed under New Business. As far as the regulation change, what would be the argument for this change? Again, he didn't see how this could be overcome.

Mr. Lentz noted this still could be done with two 5000 square foot buildings. Attorney Cody noted there is no question that this was crafted to accommodate a larger building. Having separate buildings just does not work and if it did, he indicated the applicant would not be wasting the Commission's time. Mr. Cody noted the same amount of traffic will be generated, and the same amount of building will be there to look at whether it is one building or several buildings.

There was discussion as to whether the issue was aesthetics or function. Mr. Lentz indicated the Town is trying to maintain the rural atmosphere and smaller buildings with their design standards would seem to fit in better with what exists rather than a bunch of big box stores. Mr. Cody noted they are looking to recreate a similar building to what is there and to give it a look like it is two buildings sitting next to each other, but that it might be connected. It isn't anything like what is at the Circle.

Attorney Cody further noted with reference to the Plan, that regulation changes do not have to slavishly adhere to the Plan. In this case, they are not out of character of the Town because just south of the commercial district is the rural residential district where there is a building size limitation of 20,000 square feet and a fairly wide range of uses. Mr. Lentz noted that when a new regulation is passed, there must be some statement as to its relationship to the Town Plan. Attorney Cody noted regulation changes do not have to adhere to the Plan, but it must be considered and findings made.

Mr. Speicher noted the Cost proposal also calls for a 3 rd smaller building. He indicated his concern was the size of the 2 nd building which was going to be used for a rental operation. He asked if that couldn't be done in a separate building to reduce the need for the large building. Attorney Cody noted they have been instructed not to talk about the financial business side of this. He did say that the applicant would have done differently if something else was more viable.

Mr. Annino confirmed that a new regulation as proposed would mean that all the properties on the west side of the street would be able to triple the size of their buildings if they had the acreage. Mr. Annino noted there is also the issue of infrastructure and a sewer avoidance policy. This kind of increased density also increases the demands on the subsurface systems that are required to support these buildings. Mr. Cody noted it is much better to have one 20,000 s.f. building with a single sewer system, than having 4 different buildings with 4 different systems. Mr. Annino noted that is why this keeps coming back to the Town Plan of Conservation and Development.

There was further discussion regarding aesthetics and function and how these things relate to the Town Plan of Conservation and Development.

Mr. Speicher noted he personally would not support one preference over another. Everyone sympathizes with the Cost family and wants them to succeed in their business, but this is a situation that flies in the face of the Town Plan. He commended Attorney Cody on presenting the proposal and alternatives.

There was a brief discussion on whether the Town Plan could be amended before the 10 year updating period is over. It was agreed the Town Plan can be amended at any time. The next update is scheduled for 2007. Chairman Martens noted the Commission would probably start working on this in January.

There was a brief discussion with a Patrick Drive resident who owns commercial properties in Guilford and had a similar situation.

Attorney Cody thanked the Commission noting they will consider what their options are and move forward.

(1) Letter from Nicholas F. Bellantoni, Connecticut State Archaeologist, to Roger Nemergut dated March 18, 2005 Re Parkside Resubdivision.

(3) Letter from Killingworth Land Conservation Trust, Inc. to Roger Nemergut dated April 19, 2005 Re Parkside Resubdivision.

(4) Certified Mail Green Card Receipt to Connecticut Water Company Re Parkside Resubdivision.

(5) Affidavit of Publication and Legal Notice Publication for Parkside Resubdivision.

(8) Memo from Various Town Officials to Planning, Zoning and Conservation Commissions dated April 4, 2005 Re Transportation.

(9) Letter from Cathie Jefferson to Gary Pastor dated 4/12/05 Re In Law Apartment.

(10) Letter from Connecticut DEP dated April 1, 2005 enclosing approval of the statewide drainage maintenance plan.

(11) Letter from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated April 17, 2005 Re Living Rock Church Proposed Addition Fire Protection Review-Approval.

(12) Letters from Fred S. Geyer to Planning & Zoning Commission and The Clinton Recorder Re Variance for the Cost Family Business.

Chairman Martens noted a public hearing was held prior to this meeting. All the necessary permits and approvals have been received. Motion by J. Speicher, second by D. Hale, to approve this application as submitted. Discussion followed. It was noted there was a lot of open space and this was a very nice lot. SO VOTED.

C. Jefferson noted the ad that was in the paper regarding the sale of 54 Bethke Road was in error. The property owner is fully aware this was not able to be an apartment and it is not an apartment. This is a non-issue.

C. Jefferson noted Attorney Howard responded regarding the private road question and whether that expires in 5 years. He suggested the date be put on the mylar and just wait and see what happens. There could be an extension request after 5 years for another 5 years. Attorney Howard said there really is no answer to this and it has not been tested in court.

C. Jefferson noted she is still waiting for something from the Land Trust stating an agreement with the Buttendorfs. There was a brief discussion regarding renovation work on a barn.

Minutes of the Regular Meeting 866 of the Killingworth Planning and Zoning Commission Tuesday, April 5, 2005 at the Killingworth Town Office Building

Present: T. Lentz, Vice Chairman, C. Jefferson, ZEO, J. Speicher, L. Annino, D. Hale, J. O'Brien

Motion by D. Hale, second by L. Annino, to approve the March 15, 2005 Minutes amended as follows -

Page 4, under (3) Gerald Ryan, 3 rd sentence from the end of the 1 st paragraph should be changed to read “There was discussion with the owner of Lot #10 who was interested in allowing the adjoining lot owner to share the driveway.”

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

(a) Don Carlson - discussion re Anderson Property on Route 81, CT Shoreline Development Co.

Don Carlson introduced himself as the representative for CT Shoreline Development Company who is purchasing the Anderson property on Route 81 where the cell tower is located near the Clinton Town Line. They would like to subdivide the property. Mr. Carlson noted he worked up a preliminary plan for a private road subdivision and would like some input from the Commission as to whether or not it would be possible to waive the private road length. Mr. Metcalf had prepared a couple of plans back in 1989 at which time he came before the Commission to ask the same question. The Commission felt at that time it could be waived because it was an existing curb cut and since then, it has been used as the entrance for cell tower. Mr. Carlson noted his plan showed 7 lots and was less of an impact from a roadway point of view. Mr. Hale asked how long the proposed road was. Mr. Carlson replied 1600 feet. He also noted a fairly large portion of land would be donated as Open Space (18.2 acres or 32 percent). Vice Chair Lentz asked what the permitted length was. Mr. Carlson replied 1000 feet. Mr. Lentz indicated that was a significant increase. Mr. Speicher asked if Mr. Carlson had talked to the Wetlands Commission yet. Mr. Carlson replied not yet, and asked whether he should go to Wetlands first. Mr. Speicher noted the Commission would most likely look favorably on the private road going in, but didn't think it would be happy to extend the road 600 feet. Mr. Carlson noted he would look at using a Town Road coming in off Route 81. Vice Chair Lentz suggested Mr. Carlson have some input from Wetlands as to what they think is feasible when he comes back.

(b) Roger Nemergut - informal discussion re Bethke Road Little League Ball Field

Roger Nemergut noted he was present for an informal discussion regarding the Little League Ball Field on Bethke Road . He explained this was informal because it hasn't been determined yet whether this would be a municipal improvement or a special exception. This is a 10 acre piece of Open Space arising from the Powder Brook Subdivision back in 1998. Two of those acres were the old bulky waste disposal site that operated until the late 80's. Mr. Nemergut reviewed the closing procedure for the disposal site noting it is a two acre level grassed site. A ball field would require minimal grading and clearing. Mr. Nemergut noted the proposal is for about three acres for the field. Because this parcel is Open Space, there are certain restrictions which prohibit structures, so no bleachers or dugouts are being proposed. They are proposing a backstop, security fencing around the playground area and fencing around the foul lines. There would probably be two port-o-lets and a couple of trash cans along the foul lines. An improvement is proposed along Bethke Road for a gravel surfaced parking area of 14 spaces. The land is currently under the ownership of the Killingworth Land Trust and there is an agreement to transfer the land to the Town if approved by the Attorney General. Mr. Nemergut asked if this was a special exception or municipal improvement? C. Jefferson noted she thought the Town was going to do this. She spoke with Bruce Dodson who indicated the Town was going to be the applicant and if everything was approved, the Land Trust would transfer the title over to the Town. C. Jefferson also noted that it states in the Subdivision Regulations that the Commission has to vote to allow this to happen and redesignate the Open Space. The Commission would have to agree to change it from passive Open Space into recreation land and then an application could be submitted. A letter would probably suffice for this change. C. Jefferson referenced Section 7.7.9e which states a Resolution is required from the Board of Selectmen and the Planning & Zoning Commission. Mr. Nemergut noted he would prepare such a letter to the Selectmen and Planning & Zoning. It was C. Jefferson's understanding that the Land Trust was also going to contact the Attorney General's office to see if this can be done as the Land Trust may not go through with it if it can't be deeded over to the Town. This could be a liability issue for the Land Trust if ownership can't be transferred. Parking was reviewed. Mr. Nemergut noted the plan was to keep this a practice field which would reduce the need for parking.

Attorney Thomas Cody, Robinson & Cole, introduced himself as representative for Killingworth True Value Hardware. He indicated the Cost family was present as well. Attorney Cody explained they would like to talk informally about taking a new approach to the expansion of the existing True Value Hardware Store. They would like to apply for a Special Exception application but would have to change the Zoning Map or the text of the existing Zoning Regulations. He noted there are two options.

Attorney Cody explained that for a small hardware store to survive in today's hardware retail environment, they must have a floor plan that is big enough to have a wide range of goods and services on the floor for people to want to stop in. The home improvement centers springing up all over the region are drawing business away from the smaller hardware stores. He felt this was also a community character issue as the Plan of Conservation & Development says that having a certain amount of commercial development is an important community asset that helps to stabilize the tax base and provides goods and services for community residents. It also provides opportunities for employment and shopping options. The applicant would like to work with the Commission to come up with a solution to reconcile what the regulations currently provide and for what the True Value Hardware feels it needs to do as a minimum level of improvement to stay competitive in today's hardware retail environment.

Attorney Cody noted they would like to discuss two possible changes - one a map change changing the Route 81 corridor south of Chittenden down to True Value Hardware on the west side of the street from a General Commercial District to the Large Business Commercial District.

Roger Nemergut explained the 5000 square foot number in the General Commercial District is the maximum building size. They have looked at that number and feel it is a very serious number from the applicant's standpoint. He reviewed the boundaries of the Commercial Districts and how they would like to modify those boundaries. He also reviewed the existing properties within those boundaries. The properties on the other side of Route 81 were reviewed. Mr. Nemergut also reviewed footprint and total square footage of existing properties. Attorney Cody noted that three of the existing buildings in the General Commercial District are larger than 5000 square feet. That is an important point because it shows that the existing character of the street already has some qualities of larger businesses. South of that the Residential District allows buildings up to 20,000 square feet in size and there are a wide range of uses allowed by Special Exception. Attorney Cody noted a change of zone at least for the west side of Route 81 would not be inconsistent with the existing character of the area or the anticipated style and type of future development in the area. By changing this to the Large Business District would allow individual buildings up to 20,000 feet in size if they met all the other zoning requirements. This would allow for businesses like True Value Hardware to adapt to changing times.

Vice Chair Lentz noted Attorney Cody referenced the Plan of Conservation and Development several times. The Plan is very specific as to the 5000 square feet in the Small Business Zone and 20,000 square feet in the Large Business Zone. Mr. Lentz indicated that if there were to be a change, the Town Plan would have to be changed first because the Commission can't do anything that is inconsistent with the Plan.

Attorney Cody noted that Zoning Regulations can be adopted in consideration of the Plan, but the regulations do not have to strictly conform to the Plan. He indicated there have already been two deviations from the Plan. Vice Chair Lentz noted the intent of the Plan was to concentrate the large buildings in the center of Town, and the small ones disbursed out to avoid large box stores throughout the Town.

Vice Chair Lentz reiterated that the Commission was sympathetic to the True Value store. They came before the Commission a year ago and suggestions were made as to how this expansion could take place within the 5000 square foot limit. They felt that was insufficient. Attorney Cody noted the applicant respects that view but it is not a business reality or they would have done it long before. The applicant would like to bring a lot of material inside and clean up the area.

Mr. Speicher asked Attorney Cody which two buildings he referred to earlier as exceeding the regulations. Attorney Cody replied it was Building 4 and Building 5 of Killingworth Village. Vice Chair Lentz noted those buildings were done before the regulation. Attorney Cody noted that was their point in that when the regulation was enacted there were nonconformities.

Mr. Annino noted he felt the applicant's approach for a zone change was correct, but he had a problem with it because the Commission did a lot of research when implementing the Plan and laying out the Commercial Districts. The issue is whether or not the Commercial District can support 20,000 commercial development across the whole zone, and so far that has not been successful.

Attorney Cody explained the other option would be to allow larger building size in the General Commercial District with certain controls, such as allowing 17,000 square feet and breaking the design up to look like two smaller structures.

Vice Chair Lentz noted he didn't disapprove or approve but felt the second option would be preferable.

Mr. Cost noted he would get the Commission a copy of his letter submitted to the Zoning Board of Appeals regarding the viability of the business. Mr. Annino reiterated this is about the appropriate size business to be developed in Town and not about the True Value business itself.

Attorney Cody asked whether the Commission needs more time to review this in general before submitting a zone change. Vice Chair Lentz agreed and noted Attorney Cody can come to the next meeting.

(1) Letter from R. E. Leighton, Code Official, to Regional School District 17 dated March 20, 2005 Re Building Permit Status.

(2) Letter from R. E. Leighton, Code Official, to Regional School District 17 dated March 20, 2005 Re Sub-Surface Sewage Dispoal System “Conditional Approvals”.

(3) Letter from Town of Westbrook Zoning to Killingworth Town Clerk dated March 17, 2005 Re Proposal to Amend the Westbrook Zoning Regulations.

(4) Letter from R. E. Leighton, Code Official, to Thomas Metcalf dated March 19, 2005 Re Living Rock Church of Killingworth Fire Protection Comments.

(5) Letter from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission, dated March 19, 2005 Re Living Rock Church of Killingworth, Sanitarian Review.

(7) Letter from Town of Clinton Planning & Zoning Commission dated March 21, 2005 Re Proposed Amendment to Zoning & Subdivision Regulations.

(8) Letter from various elected officials from Connecticut Towns to Boards of Selectmen, Town Councils, Planning, Zoning and Conservation Commissions dated March 21, 2005 Re Transportation.

(11) Letter from R. E. Leighton to Regional School District 17 dated April 2, 2005 Re Building Permit/Required Inspections.

(12) Letter from R. E. Leighton to Regional School District 17 dated April 2, 2005 re Phase 1-B Well Reports.

(13) Letter from State of Connecticut DEP to Connecticut Water Company dated March 28, 2005 Re Pumping from Menunketesuck River to Killingworth Reservoir.

(16) Memorandum of N. L. Jacobson & Associates to Charles Martens dated March 15, 2005 Re The Ridges at Deer Lake , Sections 3 and 4.

(17) Letter from N. L. Jacobson & Associates to Planning & Zoning Commission dated March 15, 2005 Re Wettemann Subdivision, Pond Meadow Road , Engineering Review.

(18) Letter from N. L. Jacobson & Associates to Planning & Zoning Commission dated March 21, 2005 Re Wettemann Subdivision, Pond Meadow Road , Engineering Review.

(19) Letter from Inland Wetlands & Watercourses Commission to Killingworth Planning & Zoning Commission dated 4/5/2005 Re Wettemann Subdivision.

(20) Letter from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated March 19, 2005 Re Wettemann Subdivision Sanitarian Review.

(21) Letter from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated March 19, 2005 Re Wettemann Subdivision Fire Protection Review.

(23) Letter from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated March 25, 2005 Re Parkside Resubdivision Fire Protection Review.

(24) Letter from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated March 25, 2005 Re Parkside Resubdivision Sanitarian Review.

(1) Bruce & Elaine Wettemann, 176 Schnoor Road - 2 Lot Subdivision Application No. 296

Ed Coppola introduced himself as the applicant's representative. He indicated they were before the Commission on the 15 th and the Wetlands Commission on the 22 nd. The Town Engineer reviewed the plans and had 3 comments. Mr. Coppola noted he had revised plans showing erosion control protection on Lots 1 and 2 as recommended by the Town Engineer. Mr. Coppola also noted the road detail now shows a 20 foot wide road versus 18 foot wide.

Motion by L. Annino, second by J. O'Brien, to approve the Wettemann 2 Lot Subdivision Application subject to the condition of Comment 1 on the letter of Nathan L. Jacobson & Associates, Inc. dated March 21, 2005 as follows -

Section 7.5.29(c) of the Subdivision Regulations calls for the creation of an association of lot owners that will be responsible for the maintenance of the private road, enforceable by the Town as a third-party beneficiary. Because only Lot 2 is entitled to use the private road at this time, the Commission could discuss whether this requirement would more appropriately be applied at a future date when the resubdivision of Lot 2 is proposed. Until that time, no other lot would have access from the private road.

(2) Gerald Ryan, Patrick Drive - 1 Lot Resubdivision Application No. 297 - publichearing scheduled for April 19, 2005

Vice Chair Lentz noted this is scheduled for a public hearing at the next meeting.

(a) C. Jefferson briefly reviewed the letter from Connecticut DEP regarding the authorization for diversion for the pumping from Menunketesuck River to Killingworth Reservoir.

(b) C. Jefferson noted the school is starting to cut in the road. Permits have been received and the well has been approved. It will take about 3 to 4 weeks to clear everything.

(c) C. Jefferson gave an update on the Graff pending litigation. Briefs have been submitted to the Connecticut Supreme Court.

(e) There was a brief discussion about a couple of properties where construction had started and nothing had been done for some period of time. C. Jefferson will look into these properties.

(f) D. Hale asked about the roll offs at the landscaping business on Chittenden Road . C. Jefferson noted these are not used for trash, but rather the landscaping business. That is the area where the property owner is to be keeping his equipment. C. Jefferson will research the approval for this business.

Vice Chair Lentz asked members what their thoughts were on the commercial district. It was reiterated this is not about the business, but rather the character of the area. Mr. O'Brien noted the proper channel would be to change the Plan of Conservation and Development and then a zone change. Vice Chair Lentz noted this would be a two to three year process. It was pointed out there are other parcels in Town that would support a 20,000 square foot building. Mr. Speicher noted the only reason the two buildings in the Village Shopping Center are over 5000 square feet is because of the second floor. The footprint is actually less than 5000 square feet. Vice Chair Lentz felt that at some point the Commission should look at the Commercial Regulations and multiple buildings. It was felt that when True Value comes back in two weeks, the Commission should express their concerns and indicate the proper way to do this is to change the Plan of Conservation and Development and then a zone change, but that the Commission does not really have great enthusiasm for it because it feels the size of the buildings in the General Business zone should be limited.

Vice Chair Lentz noted he attended the recent NEMO presentation. There should be a community resource inventory of open space and what should be preserved. There are a lot of resources that would be helpful in doing this. There was discussion about the roles of various commissions in preserving Open Space. The Conservation Commission is supposed to do the inventory. Dave Gumbart, Conservation Chairman, has indicated they don't have an inventory but are working on it. Planning & Zoning would then take this information, come up with a plan and implement it through its regulations.

Minutes of the Regular Meeting 865 of the Killingworth Planning and Zoning Commission Tuesday, March 15, 2005 at the Killingworth Town Office Building

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

Motion by Mr. O'Brien, second by Mr. Speicher, to approve the March 1, 2005 Minutes as written. Voting in favor - O'Brien, Speicher, Lentz, Annino, Hale, Martens. Opposed - none. Motion Carried.

(1) Chairman Martens noted the last NEMO meeting had been postponed due to the weather and rescheduled to Monday, March 21, 2005 , at 7:30 at Killingworth Elementary School , All Purpose Room. Discussion will be on the Open Space Plan for the Town. Chairman Martens urged all members to attend this meeting.

(2) There will be a Land Use Law: The Make Up Course on Monday, April 11, 2005 , presented by Mark Branse in Westbrook at the Westbrook Mulvey Municipal Center

(3) Connecticut Federation of Planning & Zoning Agencies invoice for Membership Dues through March 31, 2006 in the amount of $90.00.

(4) Affidavit of Publication and Legal Notice of Publication for Notice of Decision for Special Exception Application No. 199.

(6) Copies of two Resolutions signed by the Board of Selectmen pertaining to the Household Hazardous Waste Facility.

(7) Copy of letter from R. E. Leighton, Code Official, to Industrial Construction Company, Inc. dated March 7, 2005 Re Region 17 Proposed Middle School Route 81 Killingworth, Well Permit Approval Status.

(8) Letter from Robert Scott to Planning & Zoning Commission dated March 7, 2005 RE Extension of Filing Mylar for The Ridges of Deer Lake Phases III & IV.

(9) Memo from First Selectman Denvir to Charles Martens (and various other board and commission chairmen) dated March 1, 2005 Re Household Hazardous Waste Facility Volunteers.

(10) Letter from Lawrence Brown to Cathy Jefferson, undated, Re Chittenden Meadows Request for Performance Bond Release.

(a) C. Jefferson noted she has passed the bond release request regarding Chittenden Meadows along to Jacobson & Associates. They will be meeting with Jim Ward to do the inspection.

(b) C. Jefferson again noted that the Land Use Law: The Make Up Course mentioned earlier by Chairman Martens is very good. The presenter is Attorney Mark Branse and this course is worthwhile.

(c) C. Jefferson gave an update on the school project. The first round of testing on the wells didn't pass due to a problem with “stability.” The wells were retested. It was her understanding a letter of approval would be forthcoming but the Town hasn't received anything to that effect yet. She anticipated the approvals would be in place before the next meeting and things would move forward.

(d) C. Jefferson noted she had a couple of things for Executive Session at the end of the meeting.

(1) Bruce & Elaine Wettemann, 176 Schnoor Road - 2 Lot Subdivision Application #296

Ed Coppola introduced himself as the applicant's representative for a 2 lot subdivision on Pond Meadow Road . He noted the plans haven't really changed since their last preliminary discussion with the Commission. Mr. Coppola reviewed the location of the subject property. He noted there are 4 waiver requests included in the application. Chairman Martens and Mr. Coppola reviewed the letter outlining the waiver requests for Sections 6.2, 6.3, 7.7 and 70A.2. It was noted that all the waiver requests had been reviewed during the preliminary discussion held at a previous meeting. Mr. Coppola reviewed the 25 foot radius' and the 50 foot right-of-way. This would be a private road. Mr. Speicher asked what the plans were for the property. Mr. Coppola indicated Bruce Jr. wants to build a house. Initially a lot was split off for Frank Wettermann a few years back. Therefore, a subdivision must be done now with a private road. At this time Mr. Wettermann has no intent of putting in the road and developing Lot #2. There was discussion as to what happens if the road is not built in 5 years. Ms. Jefferson noted that applies to public improvements and there aren't any public improvements on a private road. Chairman Martens noted if the road is not built, Lot #2 cannot be developed. Mr. Coppola explained this was designed in such a way so that in the future the property owner could come back for a resubdivision to get a third lot if he wanted to. It was noted the second and third lots do not have any frontage without the road. Mr. Speicher reiterated his question was what happens after the 5 years is up. C. Jefferson noted a subdivision that doesn't have any public improvements stays forever. It's only the public improvements that expire. She will check with the Town Attorney on this question.

Mr. Coppola noted the one lot is 2.86 acres which meets the 2 acre requirement. Lot #2 has to meet the 4 acre requirement being the private road lot. Mr. Coppola indicated this was a fairly level piece of property and the road would be fairly easy to put in. No serious terrain.

Mr. Coppola indicated he was at the site with Tom Harty last week. Nothing has been received from Mr. Harty to date. Mr. Coppola will be going to the Wetlands Commission. A letter is also required from the Code Official.

Motion by Mr. Annino, second by Mr. Speicher, to approve the waivers for the Wettermann Subdivision Application for Sections 6.2 - Record Subdivision Map, Section 6.3 - Site Development Plan, Section 7.7 - Dedication of Open Spaces and Section 70A.2 - Right-of-Way as described in Edward Coppola's letter to the Commission dated February 28, 2005. Voting in favor - Annino, Speicher, Lentz, Hale, O'Brien, Martens. Opposed - none. Motion Carried.

(2) Killingworth Ambulance Association, 335 Route 81 - Special Exception No. 201 for 8' x 10' accessory shed

Chairman Martens noted the applicant is requesting an 8' x 10' prefab shed for storage of gas generator, lawn mower and gas cans. This is considered a municipal improvement. Mr. Lentz asked what the shed material would be. It was noted it would be prefab with frame wood construction and an asphalt roof.

Motion by Mr. Hale, second by Mr. Annino, to approve the 8' x 10' equipment shed as presented. Voting in favor - Hale, Annino, O'Brien, Lentz, Speicher, Martens. Opposed - none. Motion Carried.

Roger Nemergut introduced himself as the applicant's representative. He explained this was the so called Phase II of the Parkside Subdivision. The original subdivision was done in 1993. There was a 37 acre parcel at the end of the cul-de-sac (shown in red on the map). This would be a 1 lot resubdivision. Mr. Nemergut stated this would actually be 3 dispositions of the property. The first would be a 6.5 acre lot (shown in white), the second would be a conveyance of a little over 3 acres to the owner of Lot 10, and the balance of the property of 27 acres would be Open Space connected to the original 10 acre Open Space which was part of the 1993 subdivision. This would also connect to a piece of Open Space the Land Trust owns. Mr. Nemergut noted he has a wetlands permit for a crossing of the wetlands to access the house site. As part of that process, the Wetlands Commission asked the applicant to investigate alternative accesses. There was discussion with the owner of Lot #10 who was interested in allowing the Wettermanns to share the driveway. There were negotiations and the conveyance of the land came about as a result. Sharing the driveway, however, raises an issue with waivers.

Mr. Nemergut reviewed the two waivers outlined in his letter of March 10, 2005 to the Commission. One waiver request is to provide 2 foot contours on the developed portion of the property only. The second waiver is a request to allow the sharing of approximately 250-300 feet of the driveway with the neighbor of Lot #10.

Mr. Nemergut noted they have already gone through the Wetlands Commission and received approval. There was discussion regarding the beaver dam and how it altered the wetlands boundary.

Mr. Nemergut noted the testing of the lot has been done, but the approval has not been received yet. C. Jefferson reminded everyone this is a resubdivision and must go to a hearing. Those approvals should be received before the hearing. As there is no road involved with this application, it will not be sent to the town engineer for review. Approvals pending are Sanitation and Fire Protection. Notices have been sent to the Water Company and State Archeologist. C. Jefferson asked if the property owner has gone before the Land Trust. Mr. Nemergut replied not yet but he would contact them. A public hearing was scheduled for April 19, 2005 .

Mr. Annino noted this was an Affordable Housing Subdivision and asked if there is still anything that applies with regard to that. Chairman Martens felt the requirements for that have already been met.

Motion by Mr. Speicher, second by Mr. Annino, to approve the two waiver requests for Gerald Ryan Resubdivision Application No. 297 for 1) common driveway access shared with Lot 10 (length of driveway 250' approximately), and 2) waiver of 2' contours for entire parcel, 2' contours to be provided on portion where construction is being proposed. Voting in favor - Speicher, Annino, Hale, O'Brien, Lentz, Martens. Opposed - none. Motion Carried.

Chairman Martens read the letter from Robert Scott to the Planning & Zoning Commission dated March 7, 2005 into the record. The letter requested a 90 day extension of time for the filing of the mylar. C. Jefferson noted she has the mylars that have been checked by Tom Harty and Attorney Bill Howard. The hold up is the dedication of the Open Space. The Land Trust has asked that the Open Space be pinned before they take it. The extension request is to allow Mr. Scott to do the pinning and get the deeds filed. One extension has already been granted. Motion by Mr. Lentz, second by Mr. Speicher, to approve the 90 day extension of time for filing the mylar for The Ridges at Deer Lake Phases III & IV. Voting in favor - Lentz, Speicher, Annino, Hale, O'Brien, Martens. Opposed - none. Motion Carried.

Motion by Mr. Annino, second by Mr. O'Brien, to go into Executive Session at 8:31 PM to discuss pending litigation (Buttendorf). Voting in favor - Annino, O'Brien, Speicher, Lentz, Hale, Martens. Opposed - none. Motion Carried. Motion by Mr. Annino, second by Mr. O'Brien, to come out of Executive Session at 8:36 PM . Voting in favor - Annino, Speicher, Lentz, O'Brien, Hale, Martens. Opposed - none. Motion Carried. No action was taken.

Minutes of the Regular Meeting 864 of the Killingworth Planning and Zoning Commission Tuesday, March 1, 2005 at the Killingworth Town Office Building

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

Motion by Mr. Speicher, second by Mr. Annino, to approve the February 15, 2005 Minutes as written. SO VOTED.

(1) Copy of Minutes of Board of Selectmen Meetings from February 19, 2005 and February 14, 2005.

(2) Copy of Connecticut DEP General Permit Application for miscellaneous drainage projects to be conducted on DEP property across the State.

(3) Correspondence from Connecticut River Coastal Conservation District pertaining to Two Part Practical Workshop for Land Use Commissioners to be held on March 30, 2005 from 7 to 9:30 PM at the deKoven House, Middletown, CT.

(4) Copy of two letters from Connecticut DOT to Edward J. Coppola, P. E. dated February 17, 2005 and February 25, 2005 Re Running Brook Farms Route 80 Killingworth, Connecticut.

(5) Letter from M. R. Dove and C. Carpenter to Charles E. Martens Jr. dated February 14, 2005 pertaining to the painting of the Interstate Battery building roof and its negative impact on the aesthetics of their property.

(1) C. Jefferson had advised Chairman Martens that Bob Scott did not have all the loose ends tied up yet on The Ridges at Deer Lake. The Land Trust wants the boundaries pinned before accepting the Open Space. Mr. Scott may have to request a second 90 day extension on the filing of the mylar.

There was a short discussion regarding the continued work on upcoming proposed regulations.

Minutes of the Regular Meeting 863 of the Killingworth Planning and Zoning Commission Tuesday, February 15, 2005 at the Killingworth Town Office Building

It is noted for the record that a public hearing was held for Special Exception Application #199 submitted by Lesley Alderton, Leslian LLC, for a Special Principal Use, Commercial District as Health and Exercise Facility, on property owned by Padvla, LLC c/o D'Amato Builders, 46 Taugwonk Road, Stonington, Connecticut, located at 176 Route 81, Building No. 1, Unit B, Killingworth, Connecticut, Tax Map 33, Parcel 67, Zoning District Commercial.

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

C. Martens called the meeting to order at 7:43 PM immediately following the above mentioned public hearing.

Motion by Mr. Lentz, second by Mr. Speicher, to approve the February 1, 2005 Minutes amended as follows -

Page 1, it is noted J. Adametz was seated for J. O'Brien and not S. Morgan.
Page 3, under Report of Officers & Subcommittees, the motion should read as follows - “Motion by Mr. Speicher, second by Mr. Hale, to release the $10,500 maintenance bond for Buell Hill Road, The Ridges, Phase II in accordance with Memorandum from N. L. Jacobson & Associates dated January 19, 2005. SO VOTED.”

(1) Affidavit of Publication and Legal Notice Publications for Notice of Public Hearing for Lesley Alderton.

(2) Affidavit of Publication and Legal Notice Publication for Notice of Decision for change to regulations submitted by Adam Zajac.

(3) Copy of Inland Wetlands & Watercourses Commission Minutes from January 25, 2005 and February 8, 2005.

(4) Copy of Board of Selectmen Minutes from January 29, 2005 and February 12, 2005.

(6) Copy of letter from Richard E. Leighton, Code Official, to D'Amato Bros. Builders dated February 7, 2005 Re Proposed Structure, Bldg. #4, Plan Review Concerns.

(7) Copy of letter from Richard E. Leighton, Code Official, to Rob & Cathy Chase dated February 12, 2005 Re Uninhabitable Structure.

(8) Copy of letter from Cathie S. Jefferson to Heather Brownelll/Dennis Keegan dated 2/8/05 Re Motor Vehicle Junk.

(9) Copy of letter from Richard E. Leighton, Code Official, to Helen Ouellette dated February 6, 2005 Re New Construction Activities, Notice of Violation Stop Work Order.

(10) Letter from Midstate Regional Planning Agency to Planning & Zoning Commission dated February 2, 2005 Re Zoning Text Amendment - Permit Child Day Care Centers in Commercial Districts. (Chairman Martens noted this letter came in too late for the public hearing.)

(11) Copy of letter from Richard E. Leighton, Code Official, to Supreme Industries dated February 14, 2005 Re Region 17 Intermediate School, Fire Protection Water Source Installations.

(12) Notice of Open Space Planning Meeting from Killingworth Conservation Commission for Monday, February 21, 2005, at the Old Town Hall at 7:30 PM.

(13) Copy of memo from R. E. Leighton, Code Official, to David Denvir, dated February 7, 2005 Re Lot 17 Lower Ledge Subdivision, Request for Fee Reimbursement.

(14) Memorandum from N. L. Jacobson & Associates to Charles Martens, dated February 10, 2005, Re The Ridges at Deer Lake, Sections 3 and 4.

(15) Original letter from N. L. Jacobson & Associates to Planning & Zoning Commission dated February 11, 2005 Re Release of Maintenance Bond, Ely Lane, Ely Group Subdivision.

(17) Memo from Town of Chester, Planning & Zoning Commission, to Killingworth Town Clerk dated February 14, 2005 Re Changes to Regulations.

(18) Return of 3 envelopes for the Lesley Alderton application as undeliverable.

(a) Special Exception #199, Lesley Alderton, Curves for Women at 176 Route 81, Building 1, Unit B

Chairman Martens noted a public hearing was held prior to this regular meeting. This is a permitted use and has received all the approvals that were necessary. Mr. Speicher asked if the hours of operation were included in the application. Chairman Martens replied yes. Motion by Mr. Speicher, second by Mr. Hayash, to approve the Special Exception Application #199 submitted by Lesley Alderton, Leslian LLC, for a Special Principal Use, Commercial District as Health and Exercise Facility. SO VOTED.

(a) C. Jefferson noted the well testing for the new school has been completed and information has been sent off to the Health Department. There has not been an agreement yet between the Board of Selectmen and Region 17 regarding the payment of fees. No permits will be issued until there is an agreement between the two parties. Chairman Martens noted the Killingworth Board of Selectmen have voted to not waive the fees. Ms. Jefferson noted the silt fencing has been installed and inspected in the area of the wells.

(b) C. Jefferson gave an update of the Graff litigation. The appeal of the decision made by the Town has now been picked up by the State Supreme Court. The Court will be taking a look at this whole matter.

(c) C. Jefferson noted a landscaping plan was submitted for Gary Bellard along Green Hill Road . Commission members should review this. The original proposal of trees are still there and a 300 foot, 6 foot high, fence at the back of the building. The fence will do more for noise control. Chairman Martens noted he looked at this and felt this was the way to go.

(d) C. Jefferson briefly reviewed the Memorandum from Tom Harty regarding The Ridges at Deer Lake , Sections 3 and 4, noting that his comments from the July 19, 2004 letter have been addressed.

There was a brief discussion regarding the submission of the landscaping plan for The Killingworth Village dated 2/8/05. Motion by Mr. Lentz, second by Mr. Speicher, to approve the Landscaping Plan for The KillingworthVillage dated 2/8/05. SO VOTED.

Bond Subcommittee Chairman Speicher reviewed the letter from Tom Harty dated February 11, 2005 pertaining to the Release of Maintenance Bond for Ely Lane. Motion by Mr. Speicher, second by Mr. Hayash, to release the $13,500 Maintenance Bond for Ely Lane as recommended by Tom Harty. SO VOTED.

Minutes of the Regular Meeting 862 of the Killingworth Planning and Zoning Commission Tuesday, February 1, 2005 at the Killingworth Town Office Building

It is noted for the record that a public hearing was held for a petition submitted by Adam Zajac, 103 Roast Meat Hill Road, Killingworth to add Section 80A.2.L to the Zoning Regulations - Special Principal Uses, L. Child Day Care Center, whether or not operated for profit but not including a camp operated for profit.

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

C. Martens called the meeting to order at 7:43 PM immediately following the above noted public hearing.

Motion by Mr. Hale, second by Mr. Speicher, to approve the January 18, 2005 Minutes amended as follows -

(1) Statement from Technique Printers for printing of regulations in the amount of $190.30.

(2) Affidavit of Publication for Papoosha Real Estate Investors LLC Notice of Decision from January 4, 2005.

(4) Town of Clinton Planning & Zoning Commission Proposed Amendment to Subdivision Regulations Section 5.9.8(e): Dead End Streets.

(5) Town of Clinton Planning & Zoning Commission Notice of Public Hearing for January 31, 2005.

(6) Copy of letter to Lou Annino From Connecticut DOT dated January 18, 2005 RE Proposed Driveway, Route 148, Town of Killingworth.

(7) Copy of Connecticut DEP Permit for DOT Project 69074, Inland Wetlands and & Watercourses, for replacement of Route 81 bridge over unnamed brook.

(8) Original letter from N. L. Jacobson & Associates dated January 19, 2005 (with attached copies of February 1, 2000 and November 12, 2004 letters) to Charles Martens, Chairman, Re Deer Lake Subdivision, Buell Hill Road, Maintenance Bond.

(9) Literature Re "Smart Growth: Is It Practical for Connecticut?" to be held on February 11, 2005.

The following correspondence items pertain to the above mentioned public hearing:

(10) Affidavit of Publication and Legal Notice Publications for Notice of Public Hearing.

(11) Letter from South Central Connecticut Regional Water Authority dated January 25, 2005.

(12) Letter from Town of Clinton, Zoning & Wetlands Enforcement Officer dated January 27, 2005 Re Proposed Changes to Killingworth Zoning Regulations Section 80A.2.L, Child Day Care Center.

(13) Certified mail receipts (green cards) for Town Clerks and Regional Planning Agencies.

(a) Amendment to Zoning Regulations submitted by Adam Zajac to add 80A.2 Special Principal Uses, L. Child Day Care Center, etc.

Chairman Martens noted all the mailings went out to the Regional Planning Agencies and a letter was received from the Regional Water Authority. Ms. Jefferson noted she received a phone call from CRERPA indicating they did not have any concerns. Mr. Annino asked why this wasn't considered for the commercial district before. Chairman Martens noted day care centers usually grew out of customary home occupations and there probably has never been a reason for it. Mr. Lentz noted he felt it would be better in the commercial district because of traffic. Mr. Lentz asked whether this should be considered a school. After reviewing the definition of school, it was felt a day care was different from a school. There was discussion regarding the number of children that would be allowed. It was felt this would be governed by the size of the building and State regulations. Motion by Mr. Speicher, second by Mr. Hale, to approve the amendment to the Zoning Regulations, to add Section 80A.2.L, Child Day Care Centers. SO VOTED.

(b) Special Exception #199, Lesley Alderton, Curves for Women at 176 Route 81, Building 1, Unit B - public hearing scheduled for February 15, 2005

Chairman Martens noted this was scheduled for a public hearing on February 15, 2005.

(a) C. Jefferson gave a brief update on the new Middle School. There have been discussions between the Building Committee and the Selectmen regarding payment of fees for the Zoning/Building Officials, Engineering individuals and application fees. The Building Committee indicated they would not pay any fees for time incurred by these individuals, and subsequently the Killingworth Board of Selectmen voted that that was unacceptable. The Town of Haddam doesn't feel they should have to pay for anything. The Board of Selectmen will have to deal with this matter and come up with an acceptable solution.

(b) C. Jefferson noted she has met with Supreme Industries who is doing the site work at the new Middle School to review the phasing plan. A revision is forthcoming that outlines more clearly the phases, etc. It doesn't change anything with Planning & Zoning.

(d) C. Jefferson noted the ZBA application for True Value Hardware was tabled pending consultation with legal counsel by the Board.

(e) C. Jefferson noted the Judge denied the injunction against construction of the new Middle School. The lawsuit against the Town is still going forward.

Motion by Mr. Speicher, second by Mr. Hale, to release two $10,500 maintenance bonds for Buell Hill Road, The Ridges, Phase II in accordance with Memorandum from N. L. Jacobson & Associates dated January 19, 2005. SO VOTED.

Minutes of the Regular Meeting 861 of the Killingworth Planning and Zoning Commission Tuesday, January 18, 2005 at the Killingworth Town Office Building

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

Motion by Mr. Lentz, second by Mr. Annino, to approve January 4, 2005 Minutes amended as follows -

Page 2, under 5(a), 2 nd paragraph, change 1 st sentence to read, "Mr. Annino asked whether the proposed square footage meets the current Zoning Regulations in the commercial district and it was determined that it does."

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

With regard to Running Brook Farms, Ed Coppola noted at the last meeting there was discussion about using a different color for the roof and a decision was not made as to what would be preferred. Mr. Papoosha talked with the manufacturer and it was his feeling that a gray may be more in line with the architecture than the galvanized steel. It was agreed the less obtrusive it is the better. One's eye should not be drawn to the roof.

Ed Coppola noted he was present for a preliminary discussion on the Wetterman property on Pond Meadow Road (44 acres). Mr. Wetterman's son, Bruce, would like to build a house on the property. Mr. Coppola reviewed the property location which was near the Cranberry Bog. He noted a free split has already been done for another son, Frank. After looking at the property back in June, Mr. Coppola determined this would have to be subdivided. He reviewed the proposal for a private road and driveway going back to what would be Lot 2 or other land of Bruce Wetterman . Wetlands have been flagged. He pointed out where the frontage would be located. Mr. Coppola reviewed the road regulations having to do with the 25 foot radius. He indicated there would not be enough frontage for 25 feet at the right-of-way, so they would be asking for a waiver of that regulation. Mr. Lentz asked what the total frontage was on Pond Meadow. Mr. Coppola replied it was 285 feet, and 300 feet would be needed to have the two radiuses. Discussion followed as to what was required for the radius. Mr. Coppola noted he spoke with the Town Engineer relative to this and he didn't see any problem. Chairman Martens suggested Mr. Coppola get a letter from the Town Engineer stating that to be submitted with the application. Mr. Coppola also noted they would be asking for a waiver of Open Space. C. Jefferson pointed out there wasn't a problem with Open Space if five lots or less go to family members. The State Statutes say Open Space does not have to be dedicated if five lots or less are all going to family members. Chairman Martens indicated a note should be placed on the map with regard to Open Space and any further division of the property. With regard to submission of plans, Mr. Coppola noted the regulations call for 40 scale. He asked if they could submit 100 scale for the overall, and then 40 scale on the area that is potentially going to be developed. Chairman Martens noted that would also require a waiver and he didn't think there would be any strong objection to it. There was discussion about the two foot contours. It was noted the two foot contours would be required in all the improvement areas, but not the whole property. There was discussion about whether CGS datum was required. Mr. Coppola noted it wasn't in the Killingworth Zoning Regs but was in the surrounding towns.

(1) Certified green card receipts for the Proposed Amendment to the Zoning Regulations being heard on February 1, 2005 .

(2) Copy of Board of Selectmen Record of the Vote and Minutes from January 10, 2005 Meeting.

(3) Legal Notice Publications and Affidavit of Publication for Notice of Public Hearing for January 4, 2005 Papoosha Real Estate Investors, LLC.

(5) Original letter from N. L. Jacobson & Associates dated January 3, 2005 Re Running Brook Farms, Papoosha Real Estate Investors LLC, Route 80, Engineering Review.

(6) Copy of letter from R. E. Leighton, Code Official, to Connecticut Department of Public Health Re Region 17 Proposed Middle School, Well Construction/Well Site Approvals.

(7) Copy of letter from R. E. Leighton, Code Official, to Industrial Construction Company, Inc. dated January 1, 2005 Re Region 17 Proposed Middle School, Well Permit Approvals with Conditions.

(8) Memo from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated January 15, 2005 Re Leslian, LLC, Proposed Leasehold Improvements, Building #1, Unit B, Route 81, Fire Protection Review/Approval.

(9) Memo from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commisison dated January 15, 2005 Re Leslian, LLC, Proposed Leasehold Improvements, Building #1, Unit B, Route 81, Sanitarian Review/Approval.

(10) Copy of letter from R. E. Leighton, Code Official, to Industrial Construction Company, Inc. dated December 31, 2004 Re Region 17, Proposed Middle School, Construction Site Plan Modifications.

(11) Copy of letter from Cathie S. Jefferson to Jim Foote, Industrial Construction Co., Inc. dated 1/6/04 (should be 05) Re Meeting to Discuss Phases (for Middle School).

(a) Amendment to Zoning Regulations submitted by Adam Zajac to add 80A.2 Special Principal Uses, L. Child Day Care Center, etc. - public hearing scheduled for February 1, 2005

Chairman Martens noted this application is scheduled for public hearing at the February 1, 2005 meeting.

(a) C. Jefferson noted she received a copy of the Memorandum of Decision from Attorney Howard where the Judge denied the restraining order from the Webers. As soon as the wells are done, Region 17 will be able to start construction.

(a) Special Exception #199, Lesley Alderton, Curves for Women at 176 Route 81, Building 1, Unit B - receipt of application

C. Jefferson noted a public hearing needs to be scheduled for this special exception application. The applicant will be occupying an existing space at The Court Yard. February 15, 2005 was set as the public hearing date.

Mr. Hale briefly reviewed an article in The Hartford Courant having to do with Open Space and affordable housing in East Lyme .

With regard to the earlier discussion with Ed Coppola and the CGS datum, Mr. O'Brien noted he found in the Subdivision Regulations where it states one has to put the survey relationship of proposed roads to monument town roads or state highways where practical. So, it does have to be tied into the GIS coordinate system.

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Minutes of the Regular Meeting 860 of the Killingworth Planning and Zoning Commission Tuesday, January 4, 2005 at the Killingworth Town Office Building

It is noted for the record a public hearing was held for Papoosha Real Estate Investors LLC, Running Brook Farms - Special Exception #198 for Commercial Greenhouse and Extension of Existing Retail Use at 212 Route 80.

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

C. Martens called the meeting to order at 8:43 PM immediately following the above noted public hearing.

Motion by Mr. Speicher, second by Mr. Annino, to approve the December 21, 2004 Minutes as written. SO VOTED. Motion Carried.

The following items were from the Papoosha Real Estate Investors LLC public hearing -

(2) Copy of West Driveway Revision SK-1 dated 12/29/04 from Edward J. Coppola, P.E.

(3) Fax from N. L. Jacobson & Associates to Planning & Zoning Commission dated January 3, 2005 Re Running Brook Farms, Papoosha Real Estate Investors, LLC, CT Route 80, Engineering Review.

(4) Copy of letter from Edward J. Coppola to Richard Leighton dated January 4, 2005 Re Project Evaluation, Papoosha Real Estate Investors, LLC.

(5) Copy of letter from CT Department of Transportation to Edward J. Coppola dated December 29, 2004 Re Running Brook Farms, Route 80, Killingworth.

(6) Copy of letter from Edward J. Coppola to Tom Harty, N. L. Jacobson & Associates dated December 22, 2004 Re P & Z Application, Papoosha Real Estate Investors, LLC, Route 80, Killingworth.

(7) Original letter from N. L. Jacobson & Associates to Planning & Zoning Commission dated December 20, 2004 Re Running Brook Farms, Papoosha Real Estate Investors, LLC, Route 80, Engineering Review.

(9) Copy of Killingworth Board of Selectmen Minutes from December 16, 2004 Special Meeting and December 27, 2004 Regular Meeting.

(10) Copy of CT Department of Environmental Protection Notice of Tentative Determination and Intent to Waive Public Hearing to replace a bridge on Route 81 (DOT Project Number 69-74).

(11) Affidavit of Publication pertaining to the proposed amendments to the regulations for the upland review areas.

(12) Letter from Peg Scofield, KillingworthToday.com, dated December 27, 2004 regarding a series of monthly articles called "Town Works" targeted to middle school age children. It is noted D. Hale volunteered to meet with Ms. Scofield.

(a) Papoosha Real Estate Investors, LLC, Running Brook Farms - Special Exception #198 for Commercial Greenhouse and Extension of Existing Retail Use at 212

Chairman Martens noted the applicant has all the necessary approvals from the Code Official, CT Department of Transportation. Questions were answered regarding lighting. There will be no night lights. Deliveries will be before business hours. It was noted there had been concerns about tailgates slamming and back up alarms. Chairman Martens noted he didn't know of a practical way that those can be controlled. Mr. Lentz noted hours could be set as this is a mixed residential zone. Chairman Martens asked members if they wished to consider some sort of a landscape buffer on the western boundary.

Mr. Annino asked about square footage. The small commercial zone is limited to 5000 square feet. How does the greenhouse in the residential zone impact that. Mr. Lentz replied that he wasn't sure there was a limit. Chairman Martens noted the question whether there is a limitation of how many commercial greenhouses can be in the residential zone. He didn't think this was addressed. Chairman Martens noted greenhouses were permitted in the residential zone as a general principal use, but the number wasn't clear.

There was discussion regarding a buffer on the western boundary. Chairman Martens noted buffers are referenced in the regulations, but did indicate that there currently was no activity on the adjoining property. It could be addressed now or later. It would be easier to deal with this now, rather than wait until a complaint is received from a neighbor. Mr. Speicher noted the applicant was willing to install a buffer at this time.

Mr. Lentz asked if all engineering items had been addressed. Chairman Martens replied yes and briefly reviewed the issues that have been satisfactorily addressed, such as parking, landscaping, etc.

Motion by Mr. Speicher, second by Mr. Hale, to approve Special Exception #198 for Papoosha Real Estate Investors, LLC, Running Brook Farms, with the following conditions -

(2) Commercial hours of operation will be 7:00 AM to 5:00 PM, Monday-Friday,

Chairman Martens noted there will be a NEMO Workshop at 6:00 PM before the next meeting on January 18, 2005. Jim Gibbons and John Rosen will be present. The topic for discussion will be accepting fees in lieu of open space.

Motion by Mr. Annino, second by Mr. Speicher, to go into Executive Session at 9:17 PM to discuss personnel. SO VOTED.

Motion by Mr. Speicher, second by Mr. Hale, to come out of Executive Session at 9:23 PM. SO VOTED.

Minutes of the Regular Meeting 871 of the Killingworth Planning and Zoning Commission Tuesday, June 21, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 870 of the Killingworth Planning and Zoning Commission Tuesday, June 7, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 869 of the Killingworth Planning and Zoning Commission Tuesday, May 17, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 868 of the Killingworth Planning and Zoning Commission Tuesday, May 3, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 867 of the Killingworth Planning and Zoning Commission Tuesday, April 19, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 866 of the Killingworth Planning and Zoning Commission Tuesday, April 5, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 865 of the Killingworth Planning and Zoning Commission Tuesday, March 15, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 864 of the Killingworth Planning and Zoning Commission Tuesday, March 1, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 863 of the Killingworth Planning and Zoning Commission Tuesday, February 15, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 862 of the Killingworth Planning and Zoning Commission Tuesday, February 1, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 861 of the Killingworth Planning and Zoning Commission Tuesday, January 18, 2005 at the Killingworth Town Office Building

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Minutes of the Regular Meeting 860 of the Killingworth Planning and Zoning Commission Tuesday, January 4, 2005 at the Killingworth Town Office Building

Planning and Zoning Commission

Charles E. Martens, Jr.(C)
Thomas L. Lentz
Louis C. Annino, Jr.
James O'Brien
David Hale
John R. Speicher

Non-voting Members

Edward Hayash, Jr.
Jere G. Adametz
Susan J. Morgan

ARCHIVES

Minutes of the Regular Meeting 871 of the Killingworth Planning and Zoning Commission Tuesday, June 21, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 870 of the Killingworth Planning and Zoning Commission Tuesday, June 7, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 869 of the Killingworth Planning and Zoning Commission Tuesday, May 17, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 868 of the Killingworth Planning and Zoning Commission Tuesday, May 3, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 867 of the Killingworth Planning and Zoning Commission Tuesday, April 19, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 866 of the Killingworth Planning and Zoning Commission Tuesday, April 5, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 865 of the Killingworth Planning and Zoning Commission Tuesday, March 15, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 864 of the Killingworth Planning and Zoning Commission Tuesday, March 1, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 863 of the Killingworth Planning and Zoning Commission Tuesday, February 15, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 862 of the Killingworth Planning and Zoning Commission Tuesday, February 1, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 861 of the Killingworth Planning and Zoning Commission Tuesday, January 18, 2005 at the Killingworth Town Office Building

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Minutes of the Regular Meeting 860 of the Killingworth Planning and Zoning Commission Tuesday, January 4, 2005 at the Killingworth Town Office Building

Planning and Zoning Commission

Charles E. Martens, Jr.(C) Thomas L. LentzLouis C. Annino, Jr.James O'BrienDavid HaleJohn R. Speicher

Non-voting Members

Edward Hayash, Jr. Jere G. Adametz Susan J. Morgan

ARCHIVES

Charles E. Martens, Jr.(C)
Thomas L. Lentz
Louis C. Annino, Jr.
James O'Brien
David Hale
John R. Speicher

Edward Hayash, Jr.
Jere G. Adametz
Susan J. Morgan