Planning and Zoning Commission

It is noted for the record that a continued public hearing was held for Gary Bellard Special Exception Application for Restaurant and Liquor Store Expansion at 184 Route 81.

It is also noted for the record that a public hearing was held for a Petition for Amendment of Zoning Regulations regarding the addition of upland review areas in Sections 173 Appendix B, 61B Required Characteristics and 20 Definitions.

Present: C. Martens, Chairman, T. Lentz, J. Speicher, L. Annino, D. Hale, J. O'Brien, E. Hayash , (seated for L. Annino on the Gary Bellard application only) C. Jefferson, ZEO

C. Martens called the regular meeting to order at 10:08 PM immediately following the two above noted public hearings.

Motion by Mr. O'Brien, second by Mr. Hale, to approve the December 7, 2004 Minutes as written. SO VOTED.

(a) Certified Green Card Receipts for Petition for Amendment of Zoning Regulations (item 5(a) under Old Business) from Deep River, Madison, Chester, Westbrook, Durham, Haddam and Clinton Town Clerks, and Midstate, CRERPA and South Central CT Regional Water Authority Planning Agencies.

The following items are from the public hearing for the petition for amendment of the Zoning Regulations -

(e) Letter from South Central Connecticut Regional Water Authority dated December 20, 2004.

(f) Legal Notice Publications of the Notice of Public Hearing on December 9 and 16, 2004.

(g) Letter from Town of Deep River Planning & Zoning Commission dated December 15, 2004.

(h) Letter from Town of Clinton Planning & Zoning Commission dated December 15, 2004.

(j) Documents submitted by John Himmelman during his presentation - December 21, 2004 P&Z Hearing on Upland Review Regulation Changes, Considerations in Establishing Upland Review Areas and Minimum Buildable Lot Area calculations with No Upland Review Area figured in.

(l) Invoice from Technique Printers for the printing of Zoning Regulations ($160.00).

(m) Brochure on CBA Education & Training of Planning & Zoning, class to be held on March 5, 2005 at Wesleyan University.

(n) Copy of letter from Cathie Jefferson to Amerigas dated 12/10/04 Re Propane Tank Storage.

(o) Letter from Town of Clinton Planning & Zoning Commission dated December 15, 2004 Re Proposed Amendments to the Zoning and Subdivision Regulations.

(p) Fax from N. L. Jacobson & Associates dated December 20, 2004 Re Running Brook Farms, Papoosha Real Estate Investors, LLC, CT Route 80, Engineering Review.

(q) Memo to Killingworth Planning & Zoning Commission from R. E. Leighton, Code Official, dated December 11, 2004 Re Revised Drawings, November 30, 2004, Running Brook Farms Nursery/Landscape Facility, Route 80, Killingworth.

(r) Copy of letter from R. E. Leighton, Code Official, to James W. Foote dated December 19, 2004 Re Region 17, Proposed Middle School, Route 81, Killingworth Well Construction/Permit Application.

(s) Copy of Town of Clinton Planning & Zoning Commission Agenda for Decembe 13, 2004.

(t) Letter from Town of Deep River Planning & Zoning Commission dated December 10, 2004 Re Amendments to Deep River Zoning Regulations.

(u) Original letter from N. L. Jacobson & Associates dated December 6, 2004 Re Rachel's Court Subdivision, Review for Road Acceptance.

(v) Original letter from N. L. Jacobson & Associates dated November 16, 2004 (corrected December 7, 2004) Re Ridges at Deer Lake, Phase I, Beaver Dam Road, Review for Road Acceptance.

(w) Original letter from N. L. Jacobson & Associates dated December 7, 2004 Re Clarkson Cross Subdivision, Stevens and Roast Meat Hill Roads, Bond Estimates.

(a) Petition for Amendment of Zoning Regulations 173 Appendix B, 61B. Required Characteristics and Section 20 Definitions submitted by Killingworth Inland Wetlands & Watercourses Commission

Chairman Martens asked Commission members if they wished to vote on this tonight or wait until the next meeting, considering the hour.

Mr. Annino noted one of his concerns was that he didn't think this belonged in the Planning & Zoning Regulations. He felt the Inland Wetlands Commission should just say zero development in the regulated area and this would get the same results. Chairman Martens noted the impact of the proposed regulation would be larger lot sizes where those lots are influenced by wetlands and watercourses. It would be a planning tool for developers when they propose a subdivision. There would be different effects on different parcels of land depending on the presence of watercourses, wetlands and/or ponds. There would be a potential for lost lots. Mr. Annino noted the Town's Soil Based Zoning Regulations have been upheld, and he felt this regulation would compromise the validity of those regulations. Mr. Lentz noted the Planning & Zoning Commission actually proposed this back in May, and the Commission recognized it would produce a slightly larger lot size. He didn't feel that reduced property values, but rather the property values go up. This was done to protect the wetlands and it was consistent with the Town of Plan of Development.

C. Jefferson noted the problem lots are those that have wetlands running through the center of the lot. This pushes the developable land into a very small corner of the lot. The reality is they are trying to put big houses on lots that just don't have the room. So the Wetlands Commission was thinking that if they could cause the lots with wetlands in the middle of them to be larger lots, the development problems are eliminated. The developer can then draw the lot lines so that the wetlands will be in the open space or along boundaries of the lots. Ms. Jefferson noted it was more of a planning tool.

Mr. Annino noted he understood where the Wetlands Commission was coming from, but felt this could be done in other ways.

Mr. Hale noted this was not about lot size, but about sewer avoidance and water quality. The wetlands need to be protected because of water quality. This should be in the domain of the Wetlands Commission and not Planning & Zoning Commission.

Mr. O'Brien noted he had a concern with the fact that it was thought the minimum buildable area and the upland review area were one and the same, and they are not. Their upland review area is where they control development. The Planning & Zoning's minimum buildable area looks for an adequate amount of land. There is also a second safety valve of the Health Code. Septic systems must be done in accordance with the Public Health Code. Mr. O'Brien noted he felt the 25 percent would be a little restrictive on some lots, and most of the areas are in a 25 percent soil anyway. He felt this would be criticized as being over- regulated and reduces the potential for development.

There was discussion about whether it would be better to have a no build regulation in the regulated area.

Mr. Annino noted he was comfortable with what is on the books now and wouldn't change a thing. The existing regulations still maintain flexibility.

Mr. O'Brien asked if applicants come before Inland Wetlands for preliminary reviews as they do before Planning & Zoning. Ms. Jefferson replied they do but once the engineering work is done, an applicant is reluctant to change things.

Chairman Martens noted he agreed with the intent of the proposal in that if subdivisions were planned with the awareness of upland review areas that would be helpful for all.

Motion by Mr. Speicher, second by Mr. Annino, to approve the Petition for Amendment of Zoning Regulations 173 Appendix B, 61B Required Characteristics and 20 Definitions adding Upland Review Areas. Discussion followed. Mr. O'Brien noted Mr. Himmelman made a very good presentation, and in retrospect he felt Planning & Zoning made a mistake by presenting it back in May of 2004. The Wetlands Commission picked up the ball and proposed it again as they felt it was important. Chairman Martens noted this shows that members should not go into hearings with predisposition, but testimony should be listened to on both sides and then a decision made. Voting in favor - Martens, Lentz. Opposed - Speicher, O'Brien, Hale, Annino. Motion failed.

Chairman Martens noted the reasons for denial were mentioned during this discussion, and that everyone agreed that it did not fit in as a resource characteristic.

(b) Gary Bellard, Killingworth Village - Special Exception Application for Restaurant and Liquor Store Expansion at 184 Route 81 - continued public hearing for December 21, 2004

Chairman Martens noted the Connecticut Department of Health ruled in favor of the septic design. The lighting has been changed. It was agreed to move the dumpster location away from the residences as that they be placed on a commercial lot lines. Landscaping was reviewed, particularly the west boundary along Green Hill Road. Motion by Mr. O'Brien, second by Mr. Hayash, to approve the Gary Bellard, Killingworth Village Special Exception Application for Restaurant and Liquor Store Expansion at 184 Route 81 with the condition that he provide a landscaping plan addressing the screening on the entire west boundary along Green Hill Road prior to issuance of permits. Voting in favor - O'Brien, Hayash (voting for L. Annino), Lentz, Speicher, Hale, Martens. Opposed - none. Motion Carried.

(c) Papoosha Real Estate Investors LLC, Running Brook Farms - Special Exception #198 for Commercial Greenhouse and Extension of Existing Retail Use at 212 Route 80 - public hearing scheduled for January 4, 2005.

Chairman Martens noted there will be a public hearing for this application on January 4, 2005.

(a) C. Jefferson reviewed her letter to Amerigas noting she received a letter back from them indicating they have 706 propane tanks off the site. She indicated she was pleased with the progress.

(b) C. Jefferson noted Interstate Battery has received their Certificate of Occupancy.

Chairman Martens gave a report on NEMO activities. A workshop was scheduled prior to the January 18, 2005 meeting regarding fees in lieu of Open Space.

Motion by Mr. Hale, second by Mr. Annino, to go into Executive Session at 11:07 PM to discuss pending litigation. Voting in favor - Hale, Annino, Speicher, Lentz, O'Brien, Martens. Opposed - none. Motion Carried. Motion by Mr. Hale, second by Mr. Speicher, to come out of Executive Session at 11:16 PM. Voting in favor - Hale, Speicher, Lentz, O'Brien, Annino, Martens. Opposed - none. Motion Carried.

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Minutes of the Regular Meeting 858 of the Killingworth Planning and Zoning Commission Tuesday, December 7, 2004 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), C. Jefferson, ZEO

Motion by J. Speicher, second by D. Hale, to approve the November 16, 2004 Minutes as written. Voting in favor - Speicher, Hale, Annino, Lentz, O'Brien, Martens. Opposed - none. Motion Carried.

Bill Rayner, the individual who was going to do the clearing of the firewood on the Bob Scott property (Deer Lake LLC), was present. C. Jefferson read into the record a letter dated December 7, 2004 from Robert Scott requesting permission of the Planning & Zoning Commission to allow the removal of the tree tops from The Ridges at Deer Lake development site. Ms. Jefferson reminded the Commission that it had instructed Mr. Scott not to go in there with skidders or any large equipment until all the mapping had been done. According to the December 7 th letter, that has now been done and it is up to the Commission to decide whether the tree tops can be removed. Chairman Martens noted this will be discussed later in the meeting under new business. C. Jefferson will call Mr. Rayner on Thursday with the Commission's decision.

(1) Fax from Deer Lake II LLC to Killingworth Planning & Zoning Commission dated December 7, 2004 Re Firewood.

(2) Green Card Certified Receipts from Midstate Reg. Planning, CRERPA, So. Central CT Reg. Water Authority, and Town Clerks from the following towns - Deep River, Chester, Durham, Madison, Haddam, Clinton and Westbrook Re Petition for Amendment to Zoning Regulations submitted by Killingworth Inland Wetlands & Watercourses Commission.

(3) Return of mail (undeliverable) from Edward & Rose Smith Trust Re Killingworth Village Shopping Center Special Exception Application.

(4) Affidavit of Publication for Special Exception Application for Gary Bellard for Restaurant and Liquor Store Expansion.

(5) Copy of Killingworth Inland Wetlands & Watercourses Commission Minutes from November 9, 2004 .

(6) Copy of Killingworth Board of Selectmen Minutes and Record of the Vote from November 22, 2004 Meeting.

(7) Copy of Killingworth Inland Wetlands & Watercourses Commission Minutes from November 23, 2004 .

(8) Bill from Technique Printers for printing of Zoning Regulations in the amount of $160.00.

(9) Letter from Connecticut Siting Council dated November 12, 2004 enclosing letter from Robinson & Cole Re Cellco Partnership d/b/a Verizon Wireless notice of intent to modify existing telecommunications facility located at Route 80, Killingworth.

(10) Copy of letter from Connecticut DOT dated December 3, 2004 Re Proposed By-Pass, Killingworth Road (Routes 80 & 81), Town of Killingworth (Dowler property).

(11) Copy of letter from Richard E. Leighton, Code Official, to Brasile & Daughters, Inc. dated November 26, 2004 Re New Dwelling Under Construction, 69 Chittenden Road, Notice of Stop Work Order.

(12) Copy of letter from Richard E. Leighton, Code Official, to Robert Garamella dated December 4, 2004 Re Improper Construction.

(13) Copy of Petition to Amend the Westbrook Zoning Regulations dated November 23, 2004 to include Hotel and/or Conference Center .

(14) Copy of letter from Richard E. Leighton, Code Official, to Catherine H. Chase dated November 22, 2004 Re Training Donation (61 Spencer Hill Road).

(15) Copy of letter from Richard E. Leighton, Code Official, to Connecticut Department of Health dated November 22, 2004 Re Killingworth Town Hall, Water Quality Monitoring.

(16) Copy of letter from Richard E. Leighton, Code Official, to Connecticut Department of Health dated November 22, 2004 Re Killingworth Town Hall, Total Coliform Level Violation.

(17) Petition from Adam Zajac Re Amending the Zoning Regulations to include Child Day Care Center in the Commercial Districts.

(18) Letter from All Waste Inc. asking for copies of the Planning & Zoning Commission Minutes.

(19) Letter from W. David LeVasseur, Undersecretary of Office of Policy and Management dated December 1, 2004 Re Recommended Conservation and Development Policies Plan for Connecticut 2004-2009.

(20) Copy of letter from Richard E. Leighton, Code Official, to Industrial Construction Company Attn James Foote dated November 17, 2004 Re Region 17 Health Department Procedures.

(21) Copy of letter from Richard E. Leighton, Code Official, to Industrial Construction Company Attn James Foote dated November 17, 2004 Re Region 17 Building Department Procedures.

(22) Copy of letter from First Selectman David Denvir to Connecticut Civil Liberties Union Foundation dated December 6, 2004 in response to their letter of October 21, 2004 regarding campaign signs.

(23) Memo from Susan Adinolfo, Town Clerk, dated November 2, 2004 Re 2005 Meeting Schedules.

(24) Copy of letter from Richard E. Leighton, Code Official, to Connecticut Department of Public Health dated November 22, 2004 Re Killingworth Village Shopping Center, Request for Review.

(25) Letter from Deer Lake II LLC dated November 29, 2004 Re Extension to File Mylars.

(26) Original letter from N. L. Jacobson & Associates dated November 15, 2004 Re Gary Bellard - Building Addition, Killingworth Village Shopping Center , Special Exception Application, Engineering Review.

(27) Memo from Richard E. Leighton, Code Official, dated November 22, 2004 Re Running Brook Farms Nursery/Landscape Facility, Fire Protection Review/Approval.

(28) Memo from Richard E. Leighton, Code Official, dated November 22, 2004 Re Running Brook Farms Nursery/Landscape Facility, Sanitarian Review.

(29) Original letter from N. L. Jacobson & Associates dated November 12, 2004 Re Ridges at Deer Lake, Phase II, Buel Hill Road, Review for Road Acceptance.

(30) Fax from N. L. Jacobson & Associates dated November 16, 2004 (corrected December 7, 2004) Re Ridges at Deer Lake , Phase I, Beaver Dam Road , Review for Road Acceptance.

(31) Original letter from N. L. Jacobson & Associates dated November 12, 2004 Re Heft Brook Estates, Parker Hill Road , Bond Reduction.

(32) Original letter from N. L. Jacobson & Associates dated November 12, 2004 Re Surrey Ridge, Roast Meat Hill Road , Bond Reduction.

(33) Letter from Edward Coppola dated December 6, 2004 Re Papoosha Real Estate Investors, LLC Application enclosing 5 copies of sheet 7A titled Landscape Plan.

(a) Petition for Amendment of Zoning Regulations 173 Appendix B, 61B. Required Characteristics and Section 20 Definitions submitted by Killingworth Inland Wetlands & Watercourses Commission - public hearing scheduled for December 21, 2004

Chairman Martens noted that it is assumed John Himmelman will do the presentation at the hearing.

(b) Gary Bellard, Killingworth Village - Special Exception Application for Restaurant and Liquor Store Expansion at 184 Route 81 - continued public hearing for December 21, 2004

Chairman Martens noted this hearing has been continued until December 21, 2004 when hopefully additional information will be received.

(c) Town of Killingworth , Youth League - Municipal Improvement Special Exception #197 for Storage Shed at Rocco Reale Field

Bill Silas introduced himself as President of the Killingworth Youth League. He noted they would like to put a storage shed and concession at Rocco Reale Field in accordance with the same structure that is currently there owned by the Town. Chairman Martens noted there had been a question regarding the concession at the last meeting. Mr. Silas noted the concession would be soda, candy and a grill for outside use. There is no electricity. During the winter it will be storage for equipment. In the summer it will be for soda, candy, etc. Mr. Silas also requested that the Commission waive all application fees as they are a non-profit organization and don't receive any support from the Town. The location of the shed was reviewed. Mr. Silas noted it would be along the back fence. Motion by L. Annino, second by D. Hale, to approve Special Exception 197 for storage shed and concession, Town Of Killingworth , Youth League. Voting in favor - Annino, Hale, O'Brien, Lentz, Speicher, Martens. Opposed - none. Motion Carried. Motion by J. Speicher, second by L.Annino, to waive KYL application fees for this non-profit organization. Voting in favor - Annino, Hale, Speicher, Lentz, O'Brien, Martens. Opposed - none. Motion Carried.

(d) Papoosha Real Estate Investors LLC, Running Brook Farms - Special Exception #198 for Commercial Greenhouse and Extension of Existing Retail Use at 212 Route 80 - public hearing scheduled for January 4, 2005.

Chairman Martens noted this application is scheduled for public hearing on January 4, 2005 .

(a) With regard to the 90 day extension request of The Ridges at Deer Lake for filing the mylars, Ms. Jefferson noted the 90 days would be up before the next meeting so the Commission needs to act on that. The Statutes say that an extension can be granted equal to the amount of the first approval.

(b) C. Jefferson noted there were letters from Tom Harty regarding Buell Hill and Beaver Dam Roads. She also noted documents were received from Attorney Howard including the as-builts.

(c) C. Jefferson noted there was a request for acceptance of Rachel's Court but they still have to submit documentation and do a lot of things before acceptance.

(d) C. Jefferson noted she received a call from Interstate Battery requesting his Certificate of Occupancy. C. Jefferson indicated she needs to take a look at the roof.

(e) C. Jefferson noted there has been a lot of meetings regarding Region 17 and the pending lawsuit. She indicated Region 17 has obtained a new attorney, Tim Hollister. Ms. Jefferson noted she will be meeting with Attorneys Howard and Hollister on Friday to review documentation before the court date next week.

(f) C. Jefferson noted she would have a final map for the Buttendorfs that the Commission should review and vote on.

(g) J. O'Brien asked if there has been an accounting of the Killingworth employees' time in reference to Region 17. C. Jefferson noted she has not gotten any formal directive from the Town regarding this matter. J. O'Brien suggested an accounting be kept in the meantime of exactly how much time is being spent on this project.

(a) Chairman Martens reviewed the procedure for submitting a petition to change the Zoning Regulations. Adam Zajac has submitted a petition to amend the Zoning Regulations to add Child Day Care Center to the Commercial Districts. Chairman Martens noted the text of the change must go to the Regional Planning Agencies. The public hearing was scheduled for February 1, 2005 .

(b) Chairman Martens asked J. Speicher to write a letter to the individual at All Waste Inc. returning the stamped envelopes and advising that the minutes are available at killingworthtoday.com website.

(c) Chairman Martens read the letter from Deer Lake II LLC requesting a 90 day extension of filing the mylars. Motion by J. O'Brien, second by D. Hale, to give Deer Lake II LLC a 90 day extension to file the mylars for Phase III and IV. Voting in favor - O'Brien, Hale, Speicher, Lentz, Annino, Martens. Opposed - none. Motion Carried.

(d) Chairman Martens noted an application from True Value Hardware has been submitted to the Zoning Board of Appeals for a variance for a larger building. He briefly reviewed the application and plans. J. Speicher noted the applicant had come before Planning & Zoning a while ago to preliminarily discuss this matter and were given suggested alternatives that would have worked. T. Lentz noted he wasn't sure that ZBA should even be hearing the application as it was completely opposed to the Town Plan of Conservation and Development. T. Lentz will draft a letter voicing Planning & Zoning's opposition to this request, and Attorney Howard will be asked to accompany C. Jefferson to the ZBA meeting. The letter will be reviewed at the next meeting.

(e) Rachel's Court - C. Jefferson noted this was not ready for acceptance. They have a punch list of items that must be completed.

(f) Clarkson Crossing Subdivision - J. Speicher reviewed construction costs and erosion control costs as submitted by the Town Engineer. Motion by J. Speicher, second by D. Hale, to set Performance Bond at $315,300 and Soil & Erosion Bond at $8,000 for the Clarkson Crossing Subdivision. Voting in favor - Speicher, Annino, Hale, O'Brien, Lentz, Martens. Opposed - none. Motion Carried.

(g) The Ridges at Deer Lake , Beaver Dam Road , Phase I - J. Speicher noted there is still some work to be done, but the Town Engineer has no objection to the Town accepting the road with five conditions as stated in his letter of November 16, 2004 (corrected December 7, 2004 ). Motion by J. Speicher, second by T. Lentz, to recommend road acceptance for Beaver Dam Road contingent upon the 5 conditions in N. L. Jacobson & Associates letter dated November 16, 2004 (Corrected December 7, 2004) and to reduce the Maintenance Bond to $39,200 and the Caldwell Drive Performance Bond to $12,100. Voting in favor - Speicher, Lentz, O'Brien, Hale, Annino, Martens. Opposed - none. Motion Carried.

(h) The Ridges at Deer Lake, Buell Hill Road, Phase II - J. Speicher noted this is for road acceptance and the Town Engineer has advised the punch list of items from July 16 th have been adequately addressed as stated in his letter of November 12, 2004. Motion by J. Speicher, second by L. Annino, to recommend road acceptance for Buell Hill Road contingent upon the conditions in N. L. Jacobson & Associates letter dated November 12, 2004 and to set the maintenance bond at $28,500. Voting in favor - Speicher, Annino, Hale, O'Brien, Lentz, Martens. Opposed - none. Motion Carried.

Chairman Martens noted Bill Rayner appeared before the Commission as a visitor to request that he be allowed to remove tree tops from trees that are already cut. C. Jefferson will have Mr. Rayner fill out an application describing equipment and methods.

There was discussion relative to nominating officers. Jim O'Brien was nominated as Secretary, but Mr. O'Brien declined. Motion by T. Lentz, second by L. Annino, to re-elect the present slate of officers - Charles Martens - Chairman, Tom Lentz - Vice Chairman, John Speicher - Secretary. Voting in favor - Lentz, Annino, Hale, O'Brien, Speicher, Martens. Opposed - none. Motion Carried.

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Minutes of the Regular Meeting 857 of the Killingworth Planning and Zoning Commission Tuesday, November 16, 2004 at the Killingworth Town Office Building

It is noted for the record a public hearing was held for Gary Bellard, Killingworth Village - Special Exception Application for Restaurant and Liquor Store Expansion at 184 Route 81. The public hearing was continued until December 21, 2004 .

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

C. Martens called the meeting to order at 8:20 PM immediately following the above stated public hearing.

Motion by Mr. Lentz, second by Mr. Hale, to approve the October 19, 2004 Minutes amended as follows -

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

June Jaouen, owner of June's Outback Inn, noted she was told they were not allowed to use the back door. She noted both doors are open all the time. Some people who park in the back prefer to come in the back. That's also a fire exit. The back is closed most of the time and particularly when they have music. Ms. Jaouen noted she has been there for a total of 16 years, and have only had the police come 3 times to ask that the back door be shut. That was years ago. Chairman Martens asked Ms. Jaouen how often she has entertainment. She replied once a month or every other month, and they make sure the door is always shut. Chairman Martens referenced a memo of July 2, 1980 with conditions. Condition 4 stated that public entrance be located facing the interior of the shopping center. It doesn't say anything about not using the back door. Mr. Speicher noted he remembered past discussion about putting a panic bar on the back door and keeping it locked except for the event of a fire. Mr. Martens noted that could be interpreted that all people come in and out the front door rather than use the back door. Mr. Lentz noted the intent was to use the front door as the entrance.

Mr. Gomez from Green Hill Road noted he has nothing against the bar. He was not complaining in general about the noise from the café back door. His general complaint was that everyone parks in the back. It was his understanding the parking for that plaza was to be on the commercial side of the plaza itself. That's where the problem arises. People leaving are slamming doors and his family gets woken up during the night. Mr. Gomez noted his concern was not with Ms. Jaouen but with the concept of an approval of a commercial complex adjacent to a residential complex. He asked that the Commission consider this carefully in doing all it can to marry commercial and residential before an approval is given for an addition. Mr. Gomez also noted he would like to see a site lighting plan. Ms. Jefferson reminded everyone the public hearing was still open and there should be no discussion regarding the pending application. In summary, there is noise from June's Ouback Café because of where they are parking and how they are conducting themselves between midnight and 2:00 AM. Chairman Martens asked if there was any screening there. Mr. Gomez noted there are trees that lose their leaves. Chairman Martens noted at this point it is impossible for the Commission to outlaw parking in the back. Mr. Gomez noted the original approval required a barrier along the whole of Green Hill Road and that should be done at the very least. Chairman Martens noted that point will certainly be looked at.

Stacey ?, 11 year employee at June's Outback Inn, noted Mr. Gomez bought his house 5 years ago and knew there was a bar and commercial property there. One can't buy a house near an airport and not expect airplanes to land there. If Mr. Gomez had a problem, why didn't he walk over and speak to either June or her and they would have taken care of it. Stacey noted they urge their customers to keep the noise down. A lot of their customers are elderly and have problems walking. That area is zoned for parking and there is no reason why they can't park there. Chairman Martens noted he understands the problem and the Commission will work on some kind of screening solution.

(1) Letter from N. L. Jacobson & Associates to Planning & Zoning Commission dated November 15, 2004 Re Gary Bellard Building Addition Killingworth Village Shopping Center Special Exception Application Engineering Review.

(11) Copy of letter from Richard Leighton, Code Official, to Connecticut Water Company dated October 27, 2004 Re Killingworth Dam Project, Required Building Permits.

(12) Copy of letter from Richard Leighton, Code Official, to Osprey Environmental Engineering dated October 27, 2004 Re Proposed Site Plan, Lot 17 Lower Ledge, Proposed Sub-Surface Sewage Disposal System.

(13) Copy of letter from Richard Leighton, Code Official, to Industrial Construction Company dated October 27, 2004 Re Region 17 Proposed Middle School Sequence of Construction Modifications.

(14) Copy of letter from Connecticut Water Company to Wayne Addy dated October 28, 2004 Re Nursery/Landscaping Facility-Running Brook Farms, Route 80.

(15) Copy of Petition to Amend Zoning Regulations, Change to Section 2.6.1 Elderly from the Town of Clinton Planning & Zoning Commission.

(16) Copy of Proposal to Amend the Westbrook Zoning Map with respect to Assessor's Map 37, Lot E25A & E26 from the Town of Westbrook Zoning.

(17) Copy of letter from Cathie Jefferson to Gary Shettle dated 11/5/04 Re Status of Zoning Permit.

(18) Copy of letter from Killingworth Land Use Office to Gary Mala dated 10/28/04 Re Approvals and Permitting Process.

(19) Copy of email from William Howard to Richard R. Rendeiro dated November 9, 2004 Re RSD 17 Zoning Permit.

(20) Letter from Kishel Construction LLC to Planning & Zoning Commission dated November 5, 2004 Re bond reduction for Surrey Ridge Road.

(21) Fax from N. L. Jacobson & Associates to Planning & Zoning Commission dated November 12, 2004 (and enclosing copy of letter dated March 2, 2004) Re Heft Brook Estates, Parker Hill Road, Bond Reduction.

(22) Letter from AmeriGas to Cathie Jefferson dated November 8, 2004 Re AmeriGas Yard Tank Clean Up.

(23) Letter from Deer Lake II LLC to Planning & Zoning Commission dated November 24, 2004 Re Road Acceptance Ridges at Deer Lake.

(24) Original letter from N. L. Jacobson & Associates to Planning & Zoning Commission dated October 19, 2004 Re Clarkson Crossing Stevens and Roast Meat Hill Road Engineering Review.

(25) Copy of letter from Bellevue Construction to Building Department dated November 8, 2004 Re Performance Bond for Heft Brook Estates.

(26) Fax from N. L. Jacobson & Associates (enclosing copy of March 2, 2004 letter) to Planning & Zoning Commission dated November 12, 2004 Re Surrey Ridge Roast Meat Hill Road Bond Reduction.

(27) Letter from Rachel's Court LLC to Cathy Jefferson dated November 12, 2004 Re Acceptance of Road.

(28) Copy of letter from Connecticut Civil Liberties Union Foundation to David L. Denvir dated October 21, 2004 Re Town of Killingworth Political Sign Ordinance.

(b) Papoosha Real Estate Investors LLC, Running Brook Farms - Special Exception #198 for Commercial Greenhouse and Extension of Existing Retail Use at 212 Route 80

Ed Coppola noted a completed application was submitted on behalf of Running Brook Farms and he hoped a date would be set for a public hearing. Chairman Martens noted a public hearing would be set for January 4, 2005. Mr. Coppola noted the IWWC has approved this application with six conditions and will submit a copy of the notice of vote or the actual permit if issued by that time.

(b) Petition for Amendment of Zoning Regulations 173 Appendix B, 61B. Required Characteristics and Section 20 Definitions submitted by Killingworth Inland Wetlands & Watercourses Commission - public hearing scheduled for December 21, 2004

Chairman Martens noted this has been scheduled for a public hearing on December 21, 2004.

(c) Gary Bellard, Killingworth Village - Special Exception Application for Restaurant and Liquor Store Expansion at 184 Route 81

(a) C. Jefferson noted she will send a letter to AmeriGas thanking them for their plan and advising when she will come out to inspect the property.

(b) C. Jefferson noted the request for acceptance of Town road was received from Deer Lake . They have finished the roads as far as construction, but the Commission made a decision recently that no more roads would be accepted without the submission of the deeds and the as-builts because when left up to the Selectmen, this doesn't get followed up on. Ms. Jefferson noted the deeds and the as-builts have been submitted to Tom Harty and Attorney Howard. There should be a report forthcoming from the Town Attorney and Town Engineer in a couple of weeks.

(c) C. Jefferson gave an update on the school project. She noted it has been difficult to work with the school because everyone thinks they are in charge. A letter was sent out indicating the Town must know who the person is going to be that is communicating for Region 17 and this must be done in writing in order to keep track of what is happening. There has been much confusion about the permitting process and which permit comes first. No permits can be issued until the public drinking supply wells are installed and tested.

C. Jefferson noted she issued a permit specifically only for those wells. Chairman Martens noted there isn't any one person who knows all the parts of the plan.

(a) Town of Killingworth, Youth League - Municipal Improvement Special Exception #197 for Storage Shed at Rocco Reale Field

C. Jefferson noted the Youth Baseball League is requesting a storage shed for their equipment. There was some confusion as to what concession suggests. Chairman Martens noted the applicant will be asked to come to the next meeting to clarify the issue of concession.

Chairman Martens noted the previously approved changes to the regulations are being incorporated into the package.

Bond Committee Chair Speicher reviewed the bond reduction requests. Motion by Mr. Speicher, second by Mr. Hale, to reduce the Surrey Ridge Maintenance Cash Bond to $11,920 as recommended by N. L. Jacobson & Associates. Voting in favor - Lentz, Speicher, Hale, O'Brien, Hayash, Martens. Opposed - none. Motion Carried. Motion by Mr. Speicher, second by Mr. Hale, to set the Performance Bond for Heft Brook Estates at $55,900 and Erosion Control Bond at $5,300 as recommended by N. L. Jacobson & Associates. Voting in favor - Hale, Speicher, Lentz, O'Brien, Hayash, Martens. Opposed - none. Motion Carried.

Motion by Mr. Hale, second by Mr. Lentz, to go into Executive Session to discuss pending litigation at 9:20 PM. Voting in favor - Lentz, Hale, O'Brien, Speicher, Hayash, Martens. Opposed - none. Motion Carried. Motion by Mr. Speicher, second by Mr. O'Brien, to come out of Executive Session at 9:26 PM. Voting in favor - Speicher, O'Brien, Hale, Lentz, Hayash, Martens. Opposed - none. Motion Carried.

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Minutes of the Regular Meeting 856 of the Killingworth Planning and Zoning Commission Tuesday, October 19, 2004 at the Killingworth Town Office Building

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

2. Minutes of Regular Meeting No. 855 Held October 5, 2004
Motion by Mr. Hale, second by Mr. Speicher, to approve the October 5, 2004 Minutes as written. Voting in favor - Hale, Speicher, Lentz, Annino, O'Brien, Martens. Opposed - none. Motion Carried.

4. Communications and Bills
(a) Bill from Ciel, Incorporated in the amount of $3.00 for copy of map regarding The Ridges for Mrs. Caldwell who reimbursed the Town the $3.00.

(g) Copy of letter from Cathie Jefferson to David Kishel dated 10/7/04 Re Notice of Violation - Surrey Ridge.

(h) Copy of letter from Cathie Jefferson to Amerigas dated 10/15/04 Re Complaint.

(j) Original letter from N. L. Jacobson & Associates to Planning & Zoning Commission dated October 5, 2004 Re Clarkson Crossing Subdivision, Engineering Review.

(k) Copy of fax from N. L. Jacobson & Associates to Planning & Zoning Commission dated October 19, 2004 Re Clarkson Crossing Subdivision, Engineering Review.

(l) Letter from Town Clerk's Office to Cathie Jefferson dated October 4, 2004 Re Selling of Regulations.

(m) Copy of letter to Killingworth Land Conservation Trust from Maurice Woodworth dated 9/21/04 with a hand written note on the bottom from Bruce E. Dodson, President of the Land Trust.

5. Old Business
(a) Clarkson Crossing Subdivision Application #295, submitted by Larry Brown, 9 Lot Conservation Subdivision on 49.1 acres, corner of Stevens and Roast Meat Hill Roads
Maurice Woodworth submitted a revised set of plans. He reiterated this was a 48 acre parcel with 9 lots to be fed off a Town road. There would be no new curb cuts.

Mr. Woodworth indicated there should be a letter in the file from the Land Trust accepting the Open Space. Chairman Martens stated there was no such letter in the file. Mr. Woodworth submitted a copy of a letter he wrote to the Land Trust dated 9/21/04 with a hand written note of approval on the bottom of it signed by Bruce E. Dodson, President of the Land Trust, on 10/5/04.

Mr. Woodworth noted the Town Engineer's letter of October 19th contained four comments. The first one had to do with timber cutting and shade trees. He indicated the clearing limits are in fact shown on the site plans. He reviewed shade trees indicating some of the trees along the wall will remain. There are also some proposed street trees along the open field area on the east side. Mr. Woodworth stated construction cost estimates and legal documents will be furnished prior to the signing of any mylars. He indicated silt fencing has been added downstream of the proposed level spreader prior to any activity. With regard to the stormwater treatment structure comment, Mr. Woodworth stated that had been shown on the site development plan and has been added to the plan profile.

Chairman Martens noted the Inland Wetlands approval letter was in the file, but there didn't appear to be anything from the Code Official. C. Jefferson confirmed that those letters had been written and the project was approved. The letters will be located and put into the file.

Motion by Mr. O'Brien, second by Mr. Speicher, to approve the Clarkson Crossing Subdivision Application #295 with the condition that the construction cost estimates and legal documents used for conveying the road and open space parcels be provided prior to the signing of mylars. Voting in favor - O'Brien, Speicher, Hale, Lentz, Annino, Martens. Opposed - none. Motion Carried.

John Himmelman noted Inland Wetlands was asking Planning & Zoning to consider adding upland review areas to the resource characteristics table. The KIWWC came up with basically the same thing Planning & Zoning did back in May. Mr. Himmelman noted they took the entire area of review and rated it at 25 percent. Planning & Zoning had taken half the area of review and rated it at 25 percent. He also noted P&Z has used 250 feet from any vernal pool and they used 100 feet as they felt that was more realistic. KIWWC also added a Definition of Upland Review Area. Mr. Lentz noted there was opposition to this the last time. Mr. Himmelman stated there was support the last time from the KIWWC, CRERPA, Regional Water Authority, Mid-State Regional Planning, Town of Clinton and the CT Water Company.

Mr. Himmelman noted he went through this using a 20 acre sample and the reality is that maybe one lot might be lost. But that would be lost anyway when it goes to the Inland Wetlands. The reality is that IWWC will not allow any building within the Upland Review Area. Mr. Himmelman noted that what actually has been occurring would now be reflected in this new regulation. There was discussion regarding soils. Ms. Jefferson explained this would be more helpful in the layout of subdivisions than on original lots where a lot can be made a size where the house can be put in a number of different locations without encroaching on the wetlands.

Mr. Himmelman noted this would streamline the process a little, but not change the outcome.

The process for the petition was reviewed. Chairman Martens set December 21, 2004 for the public hearing.

(c) Gary Bellard, Killingworth Village - Special Exception Application for Proposed Restaurant at 184 Route 81 - public hearing scheduled for November 16, 2004.
Chairman Martens noted this application will be heard on November 16, 2004.

6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted she reviewed all the approvals and maps for the Shopping Center and couldn't find any notations about not expanding the site and not being able to build another building. The denial for the pharmacy in 1989 was because of concerns about the stormwater drainage system. Ms. Jefferson noted she couldn't find any records of their stating there was no ability to expand on that shopping center. There was further conversation about previous discussion about expansion on the northern end of the site. Several members remembered there had been discussion about it. Ms. Jefferson will keep looking for something in the records about this matter.

(b) C. Jefferson noted she met with the new manager at Amerigas who requested that a letter be written so he would something in writing to show management that they were not in compliance. Ms. Jefferson wrote such a letter and is waiting for a response.

(c) Mr. Annino asked for an update on Interstate Battery. C. Jefferson noted she hasn't heard anything and a C. O. has not been issued. There is still construction going on, trees haven't been put in and nothing has been done with the roof. C. Jefferson will follow up on this matter.

8. Report of Officers and Subcommittees
There was discussion about incorporating the changes into the regulations that were approved in June 2004.

9. Adjournment
There being no further business, the meeting adjourned at 8:40 PM.

Minutes of the Regular Meeting 855 of the Killingworth Planning and Zoning Commission Tuesday, October 5, 2004 at the Killingworth Town Office Building

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

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

2. Minutes of Regular Meeting No. 854 Held September 21, 2004
Motion by Mr. Hale, second by Mr. Annino, to approve the September 21, 2004 Minutes with the following amendment -
Page 4, 2nd paragraph should read "Mr. Stevens noted the applicant plans to give the cairns on Lot 50 to the Land Trust in fee."
Voting in favor - Speicher, Annino, Hale, O'Brien, Morgan, Lentz. Opposed - none. Motion Carried.

3. Visitors - none.

4. Communications and Bills
(1) Fax from Tom Harty, Nathan L. Jacobson & Associates, to Cathie Jefferson dated October 5, 2004 Re Clarkson Crossing Subdivision.

(2) Copy of Inland Wetlands & Watercourses Commission Minutes from September 14, 2004 meeting.

(3) Copy of three Proposed Amendment to the Clinton Zoning Regulations - Section 22 - Fees, Section 8.1.5 - Buffers and Section 8.8.6 - Front Setback and Section 8.8.10 Rear Setbacks (R-40 and R-30 Zones Only).

(4) Letter from Midstate Regional Planning Agency dated September 22, 2004 requesting a copy of the Town's regulations to update their files.

(5) Copy of letter from R. E. Leighton, Code Official, to Ronald & Nancy Faccazio dated September 27, 2004 Re Permit Application/Review.

(6) Three Affidavits of Publication pertaining to Applications #193, #194 and #293.

(7) Copy of Board of Selectmen Notice of Vote from September 27, 2004.

(8) Copy of Inland Wetlands & Watercourses Commission Notice of Vote from September 28, 2004.
(9) Letter from Richard E. Leighton to Planning & Zoning Commission dated September 29, 2004 Re Clarkson Crossing Subdivision, Fire Protection Review, Approved As Submitted.

(10) Letter from Richard E. Leighton to Planning & Zoning Commission dated September 29, 2004 Re Clarkson Crossing Subdivision, Sanitarian's Review, Reviewed with Comments/Conditions.

(11) Notice of 16th Annual Conference on Urban and Community Forestry in Connecticut to be held by the Connecticut Urban Forest Council, Inc. on Wednesday, November 3, 2004 at Mountainside Inn, Wallingford.

(12) Handwritten note from Dave Gumbart advising of the next NEMO meetings - October 18th at 7:30 PM (Roads/Reducing Runoff), November 15th at 7:30 PM (Natural Resources/Open Space and December 6th at 4:00 PM (Task Force).

(13) Copy of Notice of Public Hearing from the Chester Planning & Zoning Commission Re the extension of their moratorium on the subdivision of land.

(14) Copy of Board of Selectmen Minutes from September 27, 2004.

(15) Copy of Inland Wetlands & Watercourses Commission Minutes from September 28, 2004.

5. Old Business
(a) Clarkson Crossing Subdivision Application #295, submitted by Larry Brown, 9 Lot Conservation Subdivision on 49.1 acres, corner of Stevens and Roast Meat Hill Roads
C. Jefferson noted Maurice Woodworth was attending the Land Trust meeting to get their approval and would be arriving shortly. This item was delayed to the end of the meeting.

(c) Gary Bellard, Killingworth Village - Special Exception Application for Proposed Restaurant at 184 Route 81 - public hearing scheduled for November 16, 2004
Vice Chairman Lentz noted a public hearing has been scheduled for this at the November 16, 2004 meeting.

6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted she went through past Memorandums of Decision relating to the original approval of the shopping center. There were 10 conditions of approval and none of them stated that they couldn't expand in any shape, way or form. Ms. Jefferson reviewed a number of decisions but couldn't find anything regarding expansion. Mr. Annino stated he thought there was something written on a map about expansion. Ms. Jefferson indicated she would research this further to see if she could find something more.

(b) C. Jefferson noted she has a meeting on Thursday with the new manager at Amerigas.

(c) C. Jefferson noted she received a question from Bob Scott on The Ridges at Deer Lake 3 and 4. They had done a timber harvest a while ago on the property. Ned Bartlett, who recently passed away, had contracted to do the work but the work has not been done. There is only a couple of months where the tops of the trees can be taken down before they start to fall apart. Bob Scott wants to hire someone else to do this work but doesn't want to get in trouble with the commission because the work must be done ASAP. The Phase Two Study will not be started until November. Discussion followed. Commission members felt there would be disturbance. C. Jefferson will tell Mr. Scott to wait until after the Study is done and come back to talk with the Commission.

(d) September Permit Log was distributed.

7. New Business - none.

8. Report of Officers and Subcommittees
J. Speicher noted he went to the NEMO meeting, which was a good planning meeting. It was suggested that Tom Harty come to the meeting where there will be discussion regarding roads and swales, etc. C. Jefferson will contact Mr. Harty to ask him to come to the October 18, 2004 NEMO meeting.

5. Old Business
(a) Clarkson Crossing Subdivision Application #295, submitted by Larry Brown, 9 Lot Conservation Subdivision on 49.1 acres, corner of Stevens and Roast Meat Hill Roads
As Mr. Woodworth did not arrive and all other items of business had been dealt with, this agenda item will be put on the next meeting agenda.

9. Adjournment
There being no further business, the meeting adjourned at 7:48 PM.

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Minutes of the Regular Meeting 854 of the Killingworth Planning and Zoning Commission Tuesday, September 21, 2004 at the Killingworth Town Office Building

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

1. Call to Order
C. Martens called the meeting to order at 7:56 PM immediately following the two public hearings.

2. Minutes of Regular Meeting No. 853 Held September 7, 2004
Motion by Mr. Hale, second by Mr. Annino, to approve the September 7, 2004 Minutes amended as follows -
▪ Page 4, 4th paragraph on the page, last sentence should read "...Phase II Archeological Survey is done and the cairns significance is determined." Also, any reference to the "Phase II Study" should be changed to read "Phase II Survey."
Voting in favor - Lentz, Speicher, Annino, Hale, O'Brien, Martens. Opposed - none. Motion Carried.

3. Visitors
(a) Bob Dowler & Roger Nemergut, informal discussion, Lot 4 Town Center (garage lot)
Roger Nemergut noted Lot 4 of the Town Center has been before the Commission for informal discussion a number of times. The plan itself has not changed. He pointed out the residential/commercial line. The parcel has frontage on both Routes 81 and 80. The plan was to access a proposed commercial building off of Route 81. Mr. Nemergut thought the Commission felt this was okay in principal, but had a concern about northbound traffic on Route 81 making a left turn into the property encountering southbound traffic and stacking up cars. He explained they went back to the drawing board and came up with this solution. Mr. Nemergut noted they are proposing a northbound by-pass lane so that if traffic does stack up there will be a by-pass around to the right. They met with the Department of Transportation to review this concept. The DOT's field inspector and traffic engineer came to the site and both indicated this would be a workable solution. Mr. Nemergut noted they would like to finalize this with DOT and then come back with a formal special exception application for this Commission. Chairman Martens asked if the State's planned upgrading work on the roundabout would interfere with this. Mr. Nemergut noted the DOT representatives did not bring this up, but he will inquire about it. Mr. Speicher asked about the fire pond. Mr. Nemergut noted they would like to deepen it and do some plantings to make it look better. Members felt this would be a workable solution.

Roger Nemergut submitted a special exception application for a proposed addition to the north side of the liquor store in the Killingworth Village Shopping Center. That would enlarge the space for the liquor store and have room for a restaurant (probably a Subway) on the north side. The same access will be used. Parking was reviewed. Eight to ten spaces would be needed and were shown as an extension to the existing parking area. Chairman Martens noted a public hearing would be scheduled for October 19th. Mr. Annino raised an issue that he thought there had been a prior application for an additional building and it had been determined there was a restriction on the original development that didn't allow for an additional building. Mr. Nemergut indicated he would research that fact to see if he could find anything. C. Jefferson will also research the original approval for this parcel. Ms. Jefferson noted she thought the timeline for the public hearing might be a little ambitious, so the public hearing was changed to November 16, 2004.

Joe Gomez, 11 Green Hill Road (facing the rear of the Shopping Center), noted he has had issues with the Shopping Center for the last 5 to 6 years when they bought the property. He indicated the smell from the dumpster is terrible and feels the location of the dumpster should clearly be on the commercial side of the property and not the residential side. Mr. Gomez noted he researched the approval of the Shopping Center back in the 70's and it appeared there was some attention given to the commercial/residential aspect of the center. There have also been problems with patrons of June's Outback Café. Mr. Gomez indicated there are problems with the location of the entrance and the noise coming from the Outback Café. Lighting is also an issue. Mr. Gomez noted there was supposed to be a 6 foot high barrier along Green Hill Road. Chairman Martens agreed that the rear door of the Café was supposed to only be used as a fire door and otherwise kept closed. Chairman Martens noted this will be discussed further. Mr. Bellard noted he would contact the tenants to try and work out some of these issues. He also felt the new application scheduled for hearing on November 16th would also correct some of these issues.

4. Communications and Bills
(1) Legal Notice Publication for both public hearings this evening.

(2) Legal Notice Publication for Notice of Decision for The Ridges at Deer Lake Phase III.

(3) Copy of Inland Wetlands & Watercourses Commission Minutes from August 24, 2004.

(4) Copy of Board of Selectmen Record of the Vote and Minutes from September 13, 2004 Meeting.

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

(6) Copy of Literature from State of Connecticut DEP for Aquifer Protection Area Program Informational Workshops for Municipalities.

(8) Copy of Clinton Planning & Zoning Commission Legal Notice of Public Hearing for October 4, 2004.

(9) Copy of letter from Richard E. Leighton to Beatty & Beatty, LLC dated August 29, 2004 Re 24 Boulder Trail.

(10) Copy of letter from Maurice A. Woodworth to Killingworth Land Conservation Trust dated 9/21/04 Re Open Space Parcels, Clarkson Crossing Subdivision.

(11) Letter from Killingworth Inland Wetlands and Watercourses Commission to Planning & Zoning Commission dated 9/15/2004 Re Clarkson Subdivision.

(12) Letter from Maurice A. Woodworth to Killingworth Planning & Zoning Commission dated 9/21/04 Re Clarkson Crossing Subdivision - Archeological Report.

(13) Copy of letter from R. E. Leighton, Code Official, to Members of the Town Office Building Study Committee dated August 30, 2004 Re Pharmedica Building, Occupancy Considerations.

(14) Letter from Cindy S. Fazendeiro, Connecticut Water Company to Planning & Zoning Commission dated September 10, 2004 Re Agendas.

(15) Original Memorandum from N. L. Jacobson & Associates to Charles Martens, Chairman dated September 7, 2004 Re The Ridges at Deer Lake Sections 3 and 4.

(16) Letter from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated September 13, 2004 Re The Ridges at Deer Lake, Emergency Alternative Access.

(17) Copy of letter from State of Connecticut Traffic Commission to Gary Shettle, Regional School District 17 dated September 13, 2004 Re Town of Killingworth Intermediate/Middle School enclosing Certificate No. 1616.

(18) Letter from State of Connecticut DEP to Charles Martens dated September 7, 2004 Re Natural Diversity Database mapping generalized locations of State and Federally Listed Endangered, Threatened, and Special Concern Species and Significant Natural Communities as part of its Endangered Species Mapping for Municipalities project.

(19) Copy of letter from Attorney Michael J. Wells to Attorney Charles R. Andres dated September 16, 2004 Re Ridges at Deer Lake.

5. Old Business
(a) The Ridges at Deer Lake, Phase IV - Subdivision Application #294
Thomas Stevens introduced himself as the applicant's representative. He noted he was before the Commission a couple of weeks ago and there were some issues he was going to look into. One issue was the configuration of Open Space on Lots 40/41 relative to the cairns. A second issue was to further investigate the emergency access as shown on the plan. He indicated there was also an issue with the two cairns on Lot 50. Mr. Stevens reviewed the reconfiguration of Lots 40/41. He noted the Lot 40 line was pushed over to the stonewall. He reviewed the reconfiguration of the Open Space to include the cairns in fee. The letter from Attorney Wells to Attorney Andres dated September 16, 2004 was referenced (copy submitted to the Chairman). Mr. Stevens read said letter into the record. There was discussion regarding Parcel A and the Commission's legal authority to waive regulations. Mr. Lentz referenced Section 8-26 of the Connecticut Statutes having to do with waivers. He then reviewed the language for waivers in the Town of Killingworth Regulations, which was basically the same language as the State Statutes. There was discussion regarding whether the State Statutes refers to Subdivision Regulations or Zoning Regulations. Attorney Andres for the applicant noted the Statutes actually refer to the Subdivision Regulations. He indicated lot size is a function of the Zoning Commission and the Zoning Board of Appeals can vary a Zoning Regulation. Chairman Martens noted he spoke with Town Counsel regarding this matter and he didn't have any problem with what the Commission wanted to do. Basically, the Commission was attempting to provide protection for the cairns by keeping them all in Open Space and this was a unique situation. The Chairman further noted this would not impact any of the neighboring lots because they are all surrounded by Open Space. Mr. Lentz again referenced a portion of the Connecticut General Statutes. A lengthy discussion followed. Attorney Andres noted the applicant would agree as a condition of approval to apply for a variance of the lot size of Lot 41. Then either a resubdivision or lot line change would be needed, depending on circumstances at that time.

Mr. Stevens noted the applicant plans to give Lot 50 with the cairns to the Land Trust in fee.

Mr. Stevens read the letter from Richard Leighton dated September 13, 2004 having to do with the Emergency Access. Maintenance of the access was discussed. It was noted there is no required maintenance.

Mr. Stevens asked if the waiver of the cul-de-sac was necessary. Motion by Mr. Lentz, second by Mr. Hale, to approve the waiver request for the length of the cul-de-sac to minimize the impact on wetlands. Voting in favor - Lentz, Hale, O'Brien, Annino, Speicher, Martens. Opposed - none. Motion Carried.

Chairman Martens noted the required approvals are all in and the Commission has had discussion on all the raised issues.

Motion by Mr. O'Brien, second by Mr. Hale, to approve The Ridges at Deer Lake Phase IV, subject to the following conditions -

1) Phase II Archeological Survey be completed including mapping, photographs, and documentation in accordance with the standards of the Environmental Review Primer for CT Archeological Resources,

2) No improvements will be commenced until completion of the survey and its review by the Commission,

3) When completed, the Phase II Survey to be submitted to and reviewed by the Commission,

4) Following completion of the Archeological Survey, the applicant shall make reasonable efforts to preserve additional stone features. Such reasonable efforts shall include realignment of driveways, turnarounds, or house locations or such other actions designed to preserve the features,

5) Lot configuration per Exhibit A dated 9/21/04 -
Parcel A to have Historic Preservation for Stone Wall
Parcel A to have Conservation Easement in favor of the Land Trust
Parcel A to have Easement for Pedestrian Traffic,

6) Applicant to apply for variance of lot size of Lot 41 within 1 year of approval and prior to transfer of title of Lot 41, and

Discussion followed. Mr. Lentz noted the developer has been very cooperative. The Commission asked for the Buell Homestead site, stone walls, carriage road and the entire road adjacent to the State forest all be put into Open Space and they were. The Commission also asked that all the cairns be protected and a solution has been reached relative to that matter. The Open Space is exactly what the Commission asked for. Mr. Hale noted a lot of work has been done on the Open Space since Mr. Stevens has come in on the project. The cairns were discovered and are a very unique feature in the State of Connecticut. Mr. Hale also noted the developer has been very cooperative. Chairman Martens noted he agreed with those comments.

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

(b) Gary Belard - Special Exception Application #193 for new entrance and signage at Shopping Center
Chairman Martens noted the public hearing was held and closed. The requested sign is smaller than the present sign. Improvements were also requested for a decorative fence in the front. Motion by Mr. Annino, second by Mr. Hale, to approve the Gary Bellard Special Exception Application #193 for new entrance and signage at the Killingworth Village Shopping Center with a condition that the lighting be placed on a timing device and the lights turned off by 1:30 AM. Voting in favor - Annino, Hale, O'Brien, Speicher, Lentz, Martens. Opposed - none. Motion Carried.

(c) Mary Gonzalez - Special Exception Application #194 for Therapeutic Massage at 184 Route 81, Killingworth - public hearing scheduled for September 21, 2004
Chairman Martens noted the public hearing was held and closed. This application was very straight forward with low impact. Motion by Mr. Annino, second by Mr. Speicher, to approve the Mary Gonzalez Special Exception Application #194 for Therapeutic Massage at 184 Route 81, Killingworth. Voting in favor - Annino, Speicher, Hale, O'Brien, Lentz, Martens. Opposed - none. Motion Carried.

(d) Clarkson Crossing Subdivision Application #295, submitted by Larry Brown, 9 Lot Conservation Subdivision on 49.1 acres, corner of Stevens and Roast Meat Hill Roads
Ms. Jefferson noted this application was not ready yet. The applicant is still waiting for the Code Official's letter.

(e) Petition for Amendment of Zoning Regulations 173 Appendix B, 61B. Required Characteristics and Section 20 Definitions submitted by Killingworth Inland Wetlands & Watercourses Commission
Chairman Martens noted John Himmelman is planning on attending the Commission's October 19th meeting to review the petition for Amendment of Zoning Regulations submitted by the Inland Wetlands & Watercourses Commission.

(f) Lot Line Revision - McCormack and Water Company, 623 Route 148
C. Jefferson noted she contacted Attorney Howard on the question of whether or not this would be creating a subdivision. Attorney Howard clearly indicated that it has to be a parcel that is proposed for development. By being an interior lot with no frontage going to the Water Company, it is clearly Open Space and a lot line change and not a subdivision. Chairman Martens noted this has been reviewed now by the Code Official and the Town Attorney. There was a brief discussion as to whether something should be put on the mylar indicating this is not a developable lot. Motion by Mr. Speicher, second by Mr. Lentz, to approve the Lot Line Revision for McCormack and the Water Company as presented. Voting in favor - Speicher, Lentz, O'Brien, Hale, Martens. Opposed - Annino. Motion Carried.

6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted the Inland Wetlands Commission has approved the change in the stormwater management for Heft Brook Estates. They should be paving by Thursday and seeding and grading before winter and before the issuance of any permits.

(b) C. Jefferson noted Surrey Ridge is about 3 days behind and should be paving next week. The area has been stabilized and holding very well.

(c) C. Jefferson noted she had some pictures of a unobtrusive fence from Tom Hardy regarding the school. The school in the sample picture was located on Route 79 in Madison. The Commission suggested C. Jefferson ask for more information regarding this fence to see whether or not it is worth pursuing.

7. New Business
(a) Gary Bellard, Killingworth Village - Special Exception Application for Proposed Restaurant at 184 Route 81 - receipt of application.
Chairman Martens noted a public hearing has been scheduled for this for November 16, 2004.

8. Report of Officers and Subcommittees
Chairman Martens noted there was a NEMO meeting on September 20th. There was very good representation from Planning & Zoning. Mr. Martens felt this group would be very helpful to the Commission and well worthwhile. The next meeting of NEMO is Monday, October 4, 2004.

9. Adjournment
There being no further business, the meeting adjourned at 9:56 PM.

Minutes of the Regular Meeting 853 of the Killingworth Planning and Zoning Commission Tuesday, September 7, 2004 at the Killingworth Town Office Building

L. Annino, J. O'Brien, D. Hale, E. Hayash (seated for T. Lentz until Mr. Lentz arrived), S. Morgan (non-voting alternate), J. Adametz (non-voting alternate)

Motion by Mr. Speicher, second by Mr. Annino, to approve the August 17, 2004 Minutes as written. Voting in favor - Speicher, Annino, O'Brien, Hale, Hayash, Martens. Opposed - none. Motion Carried.

(6) Copy of Board of Selectmen Minutes reconvening from August 27, 2004 to August 31, 2004 .

(7) Memo from John McMahon, Board of Finance Chair, dated September 1, 2004 indicating the Annual Report submissions are due by October 15, 2004 .

(8) Copy of letter from Cathie S. Jefferson to Lawrence Brown dated 9/3/04 Re Notice of Violation at Parker Hill Road , Map 17 Lot 10E.

(9) Copy of Permit Waiver from State of Connecticut Department of Environmental Protection, Bureau of Water Management dated August 13, 2004 Re Waiver - MS24 Stormwater General Permit.

(10) Copy of Petition to Amend the Zoning Regulation, Section 2.6.1: Elderly, Town of Clinton Planning & Zoning Commission.

(11) Copy of Legal Notice of Public Hearing from Town of Clinton Planning & Zoning Commission for September 8, 2004 to change the Clinton Zoning Map.

(13) Copy of letter from Shipman & Goodwin to Susan Adinolfo, Town Clerk, dated August 20, 2004 Re Land Use Application filed with the Madison Planning & Zoning Commission proposing a multi-family residential development at 105 New Road, Madison (section 26A attached to letter).

(14) Copy of letter from State of Connecticut State Traffic Commission to Gary J. Shettle RSD 17 dated August 18, 2004 Re conditions for issuance of certificate for Intermediate Middle School in Town of Killingworth.

(15) Copy of fax from Nick Bellantoni to Cathie Jefferson dated 9/7/04 attaching copy of Historic Preservation Easement wording from Chuck Andres.

(16) Handwritten letter from Maurice Woodworth to Killingworth Planning & Zoning Commission dated 9/7/04 granting a 65 day extension for the Clarkson Crossing Subdivision.

(17) Correspondence from Middlesex Shoreline Association of Realtors, Inc. to Planning & Zoning Commission dated September 3, 2004 Re “Smart Growth: Is it Practical for Connecticut” Seminar to be held at La Luna Ristorante in Branford on October 27 th from 9 AM to Noon.

(18) Copy of fax from Thomas R. Harty, N. L. Jacobson & Associates to Charles Martens dated September 7, 2004 Re The Ridges at Deer Lake, Sections 3 and 4.

(19) Copy of letter from University of Connecticut , Connecticut Archaeology Center and Connecticut State Museum of Natural History dated September 7, 2004 to Charles Andres of Tyler , Cooper & Alcorm Re Proposal for Phase II Intensive Archaeological Survey (attached).

(20) Copy of notice regarding NEMO seminar to be held on Monday, September 20, 2004 at the Killingworth Town Office Building .

Chairman Martens asked if there was any objection to moving this agenda item to later in the meeting to allow Tom Lentz an opportunity to arrive. No one objected so Old Business Agenda Items (a) and (b) will be discussed later during the meeting.

(b) Gary Belard - Special Exception Application #193 for new entrance and signage at Shopping Center - public hearing scheduled for September 21, 2004

(c) Mary Gonzalez - Special Exception Application #194 for Therapeutic Massage at 184 Route 81, Killingworth - public hearing scheduled for September 21, 2004

Chairman Martens noted that both Agenda Items (c) and (d) were scheduled for public hearings on Tuesday, September 21, 2004 . There was no further discussion this evening.

(d) Clarkson Crossing Subdivision Application #295, submitted by Larry Brown, 9 Lot Conservation Subdivision on 49.1 acres, corner of Stevens and Roast Meat Hill Roads

Chairman Martens noted the Commission received a request for a 65 day extension on this application. Reports from the Code Official, Town Engineer and Inland Wetlands were still outstanding.

(e) Petition for Amendment of Zoning Regulations 173 Appendix B, 61B. Required Characteristics and Section 20 Definitions submitted by Killingworth Inland Wetlands & Watercourses Commission

Chairman Martens noted the Inland Wetlands Commission has undertaken this item. John Himmelman from the IWWC will be attending the Planning & Zoning Commission meeting on October 19 th to review this subject in more detail. No action was taken.

(a) C. Jefferson indicated a Notice of Violation was issued for the Heft Brook Subdivision. They had an approval for a Vortex System, but replaced it with a Stormceptor System without first obtaining approval from the Inland Wetlands Commission. The Town Engineer will be reviewing the information on the replacement system. A decision will be made at the next Inland Wetlands Commission meeting as to whether the replacement will be accepted or whether it will have to be removed.

(b) C. Jefferson noted Surrey Ridge will have the binder courses put down for the winter in a couple of weeks.

(c) C. Jefferson noted she met with the school representatives regarding their construction foreman who will be in charge of the school project.

(d) Mr. Annino asked what was happening on two lots on Iron Works Road . C. Jefferson noted these were old, pre-existing lots that never had anything done on them.

(e) C. Jefferson noted she met with Mr. Judge from Interstate Battery. She indicated Mr. Judge understands there are three things he must do before getting a Certificate of Occupancy - 1) planting of the trees, 2) cleaning out the vernal pool, and 3) doing the roof. Mr. Judge has met with the IWWC to see what he has to do with the vernal pool. He will also be planting the trees in September.

Chairman Martens noted Tom Lentz arrived at 7:52 PM . Chairman Martens noted the Commission would now discuss Old Business Agenda Items (a) and (b) as indicated earlier.

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

It is noted for the record that Mr. Lentz will be seated at this time and Mr. Hayash will be a non-voting alternate for the balance of the meeting.

Chairman Martens noted a lot of information has been received and the Commission should deal with Phase III first. Mr. Martens reviewed the archeological study and comments from Mr. Schwartz. He indicated all the necessary approvals were received from the Code Official. The rest of the application is basically all in order. A letter was received from the Land Trust. They would like to make sure all the deeds have been turned over. With regard to the cairns , Mr. Speicher asked what the Commission's duty was. Was it to see that the cairns are preserved or is the Commission supposed to render a decision as to its origin? Chairman Martens replied the Commission is not in a position to decide the cairns origin. The Commission received a letter from the State Archeologist indicating that the cairns are unique, significant and should be preserved. It had also been agreed there should be a Phase II Archeological Survey which would be mapped, documented and photographed. Chairman Martens reviewed what information and testimony should be considered when the Commission makes its decision. Mr. Martens noted anything discussed or submitted during the public hearing can be considered. There was discussion regarding the Phase II Archeological Survey and whether that becomes part of the application.

Mr. Lentz noted everyone agrees that the cairns should be preserved but he didn't feel the easements are sufficient to protect them. There should be another mechanism. Chairman Martens noted cairns 8, 9 and 10 are in Phase III. Mr. O'Brien suggested a condition that no cairns would be disturbed until after the Phase II is done and their value is determined. Chairman Martens noted he would suggest that no work is done until the Phase II Study is complete and documented.

Mr. Annino asked what happens if there are significant changes to what has been approved after the study has been complete. Isn't that a resubdivision scenario? Ms. Jefferson noted it would not be a resubdivision unless one were adding lots or changing lots. This Commission has always left itself the option of opening up another public hearing if there are major modifications.

Chairman Martens noted there is no differentiation made between piles of stone and significant cairns . That is why the whole study needs to be completed, mapped and photographed.

Mr. Speicher suggested each site should be made site specific as a result of the Phase II Study. Otherwise the study would not have any bearing. There was much discussion regarding the results of the Phase II Study and how the results should be handled. Lot development and house locations were reviewed.

Chairman Martens noted the purpose of the Phase II Survey is to document the stone piles and cairns on that property. It should be stated that no improvements are to be done before the survey is complete. The question then is how should the results of the survey be used by the Commission.

There was much discussion as to how an approval should be worded and how to incorporate the results of the survey.

Motion by Mr. O'Brien, second by Mr. Annino, to approve The Ridges at Deer Lake Resubdivision Phase III subject to the following conditions -

1) Phase II Archeological Survey be completed including mapping, photographs, and documentation in accordance with the standards of the Environmental Review Primer for CT Archeological Resources ,

2) No improvements will be commenced until completion of the Survey and its review by the Commission, and

3) When completed, the Phase II Survey to be submitted to and reviewed by the Commission.

A brief discussion followed regarding easements. Mr. Hale noted some easement language had been submitted for consideration.

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

Tom Stevens gave a presentation for The Ridges at Deer Lake , Phase IV. Mr. Stevens reviewed application documentation and approvals from appropriate town officials. He reviewed the location of the subdivision. Phase IV has a total acreage of 73.5 acres with 30 acres in Open Space. This subdivision will be developed in one phase. He reviewed access. Mr. Stevens reviewed Inland Wetlands approval. Driveways were reviewed. Mr. Stevens noted the 20,000 gallon fire protection water tank is being proposed on Lot 47 at the edge of the roadway. Mr. Stevens noted the Planning & Zoning Commission approved the concept of a conservation subdivision on November 20, 2001 and will be seeking approval of said subdivision. Mr. Harty's letters (Town Engineer) dated June 29, 2004 and July 19, 2004 were reviewed.

There was a brief discussion about who would maintain the emergency road. Chairman Martens indicated he didn't think the Town would want to maintain a road that it doesn't own. The location of the gate was reviewed. Chairman Martens noted this subject would most likely require further research and review.

Mr. Stevens reviewed soil types. He submitted two documents having to do with the soil types, one signed by Richard Snarski (Soil Scientist) and the second being the Conventional Resubdivision Layout. Mr. Stevens also submitted a document entitled “20. Landscaping Notes.”

Mr. Stevens reviewed the cairns on Lot 40. Chuck Andres introduced himself and submitted a sample Historic Preservation Easement for consideration. He also noted Attorney Wells from the Land Trust has also reviewed the easement and had one minor addition which he reviewed. Mr. Andres felt the easement had more power behind than a deed restriction. He felt this was very reasonable. Mr. Andres read a portion of the Historic Preservation Easement.

C. Jefferson noted the property was transferred to the Water Authority. This has already been approved by the Code Official. The house site will be just over 3 acres on Route 148 with the rest of the parcel going to the Water Company. C. Jefferson noted this has already been done and filed. There was some question as to whether this was a legal lot. It was noted this agenda item was tabled until the next meeting. C. Jefferson will obtain a legal opinion on this question.

Motion by Hale, second by Annino, to go into Executive Session at 10:15 PM to discuss pending litigation. SO VOTED. Motion by Lentz, second by Annino, to come out of Executive Session at 10:23 PM. SO VOTED. No action was taken.

The draft of the last set of proposed revised minutes will be reviewed at the next meeting.

Minutes of the Regular Meeting 851 of the Killingworth Planning and Zoning Commission Tuesday, August 3, 2004 at the Killingworth Town Office Building

IT IS NOTED FOR THE RECORD THAT THE PUBLIC HEARING WAS CANCELLED FOR SPECIAL EXCEPTION # 193 SUBMITTED BY GARY BELLARD FOR NEW SIGNAGE AT THE KILLINGWORTH SHOPPING CENTER AND SPECIAL EXCEPTION # 194 SUBMITTED BY MARY GONZALEZ FOR THERAPEUTIC MASSAGE AT 184 ROUTE 81. THE HEARINGS WILL BE RESCHEDULED FOR SEPTEMBER 21, 2004 .

Motion by Mr. Speicher, second by Mr. Annino to approve the July 6, 2004 minutes as submitted. Motion Carried.

• Visitors – Mr. Todd Wagner, owner of a Plumbing and Heating Company, addressed the Commission regarding his possible relocation into a commercial property on Route 81. The Commission agreed that his business would likely meet the zoning requirements however the woodworking and cabinetry making business would not. Mr. Wagner was then informed of the requirements for amending the regulations.

• Letter from N. Jacobson & Assoc. dated 7/16/04 RE Subdivision Phase II Buell Hill Rd.

• Letter from N. Jacobson & Assoc. dated 7/16/04 RE Subdivision Phase I Beaver Dam Road

• Letter from N. Jacobson & Assoc. dated 7/16/04 RE Subdivision Application #293 & #294

• Letter from N. Jacobson & Assoc. dated 7/19/04 RE Regional School District #17.

• Copy of Certification to Appeal from the State of Ct. Appellate Court dated 7/28/04

• Letter from Gary Bellard, dated 8/3/04 RE Request for extension of Public Hearing.

• Invoice from Technique Printers dated 7/27/04 RE 10 sets of Zoning Regulations.

• The Ridges at Deer Lake, Resubdivision Phase III, Subdivision Application #293, and The Ridges at Deer Lake, Phase IV – Subdivision Application #294. Public Hearing continued to August 17, 2004

The Commission requested that the ZEO forward the information received from Doug Schwartz, Doug Harris and Joan Lester to Dr. Nicholas Bellantoni, State Archaeologist for review.

• Gary Belard – Special Exception Application # 193 for new entrance and signage at Shopping Center. Public Hearing rescheduled for September 21, 2004 .

• Mary Gonzalez – Special Exception Application # 194 for Therapeutic Massage at 184 Route 81. Public Hearing rescheduled for September 21, 2004 .

• Clarkson Crossing Subdivision Application #295 submitted by Larry Brown, 9 Lot Conservation Subdivision on 49.1 acres.

Morris Woodworth, representing the applicant presented the subdivision located at the corner of Stevens Road and Roast Meat Hill Road . There are 9 proposed lots all fronting on the proposed 1000ft. town road. There will be no additional driveways on Stevens and Roast Meat Hill Rds. After meeting with the IWWC, the discharge from the new street will be moved from the east side of the road to the west side to minimize wetland impacts. Mr. Annino expressed concerns about the stone walls in the path of the drainage easement. Mr. Woodworth agreed to replace and rebuild any stone walls disturbed during road construction. Mr. Hale was concerned with the site line at the corner of Stevens and Roast Meat Hill Roads. There was discussion about the danger of turning north onto Roast Meat Hill from Stevens Road . The Town Engineer will be asked to review the intersection.

(a) C. Jefferson reported on the new directive from the D.E.P., which increased its fees collected by the Town from $20.00, an application to $30.00. as of July 1, 2004 . C. Martens recommended increasing the zoning application fee accordingly.

(b)She also reported that the letters from the Town Engineer regarding Deer Lake Phase I and II have been sent to the developer but the work has not been completed.

(d) C. Jefferson reported that she had listened to the tape from the Interstate Battery Public Hearing and that while the color of the roof was not directly addressed, the applicants representative stated that the new addition would match the existing building. Mr. Annino expressed concern that the roof color was not specifically mentioned. Mr. Hale, Mr. Speicher and Mr. Martens stated that they believed the roof color was understood to be included in the matching color scheme.

Motion by Mr. O'Brien, second by Mr. Lentz that the Zoning Enforcement Officer send a letter to Mr. Judge of Interstate Battery outlining the requirements for obtaining a Certificate of Occupancy/Zoning Compliance including the following:

• Improvements to the wetlands and vernal pool as required by the Killingworth IWWC are completed.

• The applicant will match the color of the new roof to the existing roof.

VOTING IN FAVOR - Martens, Lentz, Speicher, O'Brien, Annino, Hale. Motion Carried.

• Petition for Amendment of Zoning Regulation 173 Appendix B and Section 20 Definitions submitted by the Killingworth Inland Wetland and Watercourses Commission.

The Commission reviewed the Petition submitted by the IWWC. C. Martens noted that the petition should include modifications to Sec. 61B Required Characteristics also. It was noted that the petition listed wetland soils as 25% and 0% in the same section. L. Annino requested a more expansive comprehensive statement of reasons for the proposed changes. It was determined that the application was incomplete as submitted and that the applicant should rework some sections and resubmit.

• The Commission discussed the letter dated 7/28/04 from Heather Greenaway. They concurred with her concern regarding the appearance of the 8' fence along Route 81. C. Martens suggested that the Town Engineer could look into alternate types of fences and landscaping. He also stated that Mr. Tollefson of the school building committee had received the same letter and is willing to consider alternatives. C. Jefferson stated that the landscaping condition of approval would allow the Commission to require screening from neighbors along Route 81. It was decided to send the Town Engineer a copy of the letter from Ms. Greenaway and ask him to research unobtrusive alternatives.

Minutes of the regular meeting 850 of the Killingworth Planning and Zoning Commission Tuesday, July 20, 2004 at the Killingworth Town Office Building

IT IS NOTED FOR THE RECORD THAT A PUBLIC HEARING WAS HELD FOR SUBDIVISION APPLICATION # 293 SUBMITTED BY DEER LAKE II LLC FOR CONSTRUCTION OF A 16 LOT RESUBDIVISION “ THE RIDGES AT DEER LAKE” PHASE III LOCATED ON MAPS 27,32 LOTS 12A 41ZZ 53, KILLINGWORTH, CT. THE PUBLIC HEARING WAS CONTINUED UNTIL AUGUST 17, 2004.

Motion by Mr. Hale, second by Mr. Speicher to approve the July 6, 2004 minutes amended as follows –

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

• Visitors – Mr. Robert Judge, Owner of Interstate Battery . Mr. Judge requested clarification of the Commission's approval granted to Interstate Battery and his responsibilities for the concerns of neighbors regarding the roof color.

• Two Letters from Richard Leighton dated 7/18/04 RE Sanitation and Fire review for Ridges at Deer Lake Phase III.

• Minutes of the July 18, 2004 Commission site walk at Deer Lake Phases III & IV.

• Letter from N. Jacobson & Assoc. dated 7/16/04 RE Subdivision Phase II Buell Hill Rd.

• Letter from N. Jacobson & Assoc. dated 7/16/04 RE Subdivision Phase I Beaver Dam Road

• Letter from N. Jacobson & Assoc. dated 7/16/04 RE Subdivision Application #293 & #294

• Letter from Thomas Stevens representing Deer Lake LLC RE request for 65-day extension.

• Letter from Doug Harris, Deputy Tribal Historic Preservation Officer dated 7/20/04

• Letter from Wendy Goodfriend, Ct. River Coastal Conservation Dist. dated 7/6/04

• Letter from the Killingworth Land Trust dated 7/20/04 RE The Ridges at Deer Lake

• Two exhibits from Tom Stevens received at the Public Hearing RE proposed road shoulder grade and landscaping notes to be added to the plan.

• Exhibit received at Public Hearing listing clients of Archaeological Consulting Services.

• Exhibit received at Public Hearing listing staff members of Archaeological Consulting Services.

• Exhibit received at Public Hearing titled Native American Burials and Cemeteries in Eastern Ct.

• Exhibit received at Public Hearing titled The Mohegans: FortShantok State Park at Mohegan.

• Exhibit received at Public Hearing titled Analysis of the archaeological report by Doug Schwartz.

• Exhibit received at Public Hearing titled North – South alignments between mapped cairns.

• Letter from Terry McDermott dated 7/20/04 RE The Ridges at Deer Lake, Phase III.

• Letter from Terry McDermott dated 7/20/04 RE The Ridges at Deer Lake , Phase IV.

• Letter from Terry McDermott dated 7/20/04 RE Questions on the Ridges at Deer Lake subdivision applications.

• Gary Shettle, Director of Finance & Operations, Regional School District # 17 - Special Exception Application #192 to construct new public school.

The Commission discussed the most recent letter from the Town Engineer. Mr. Hale questioned whether an A-2 survey had been submitted with the application. C. Jefferson showed members the submitted survey. Mr. Annino questioned the applications compliance with the Plan of Development regarding public sewers. Chairman Martens stated he felt the Plan of Development addressed the Commissions concern regarding the use of sewers on town streets accessing individual homes.

Motion by Mr. Speicher, second by Mr. Lentz to approve Special Exception #192 to construct an Intermediate School located on Route 81with the following conditions –

• Applicant will submit a map as required in note #1 of the Town Engineer's letter dated July 19, 2004 .

• Applicant will provide the information requested in note #2 of the Town Engineer's letter dated July 19, 2004 .

• A landscaped buffer is required adjacent to the Hine, Golumbosky and Webber residential properties using Sec 130.A.7.C and 130.A.8 as minimum guidelines.

• Additional traffic controls shall be provided in accordance with note #4 of the Town Engineer's letter dated July 19, 2004 .

• The applicant will install an 8' chain link fence along the side of Field #1 adjacent to Route 81.

• The applicant will install a 6' chain link fence along the southern emergency vehicle access lane as mentioned in note #6 of the Town Engineer's letter dated July 19, 2004 .

• The applicant will comply with note # 9 of the Town Engineer's letter dated July 19, 2004 requesting advance notification of any pumping of the north detention basin to allow the Town to inspect erosion and sedimentation controls at the discharge location.

VOTING IN FAVOR - Martens, Lentz, Speicher, O'Brien. Opposed – Annino. Abstention – Hale. Motion Carried.

• The Ridges at Deer Lake, Resubdivision Phase III – Subdivision Application #293 and (b) The Ridges at Deer lake, Phase IV – Subdivision Application # 294.

The Public Hearing was continued to August 17, 2004 . Engineer Tom Stevens submitted a request for a 65 day extension for Phase IV commencing at the conclusion of the original 65 days.

Gary Bellard – Special Exception Application #193 for new entrance and signage at Shopping Center – public hearing scheduled for August 3, 2004 .

• Mary Gonzalez – Special Exception Application # 194 for Therapeutic Massage at 184 Route 81 – receipt of application.

• Clarkson Crossing Subdivision Application #295, submitted by Larry Brown, 9 Lot Conservation Subdivision on 49.1 acres, corner of Stevens and Roast Meat Hill Roads.

Applicant will attend the next regularly scheduled meeting to present the application.

C. Jefferson noted that she spoke with Mr. Judge from Interstate Battery and encouraged him to attend this meeting. C. Martens requested that she listen to the tape of the Public Hearing before the next meeting. C. Jefferson also referenced the letters from the Town Engineer regarding the remaining items to be completed on Buell Hill Rd. and Beaver Dam Rd. These will need to be completed as well as the documentation submitted for road acceptance before the Commission will recommend acceptance to the Board of Selectmen.

Minutes of the Regular Meeting 859 of the Killingworth Planning and Zoning Commission Tuesday, December 21, 2004 at the Killingworth Town Office Building

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