Planning and Zoning Commission

It is noted for the record a public hearing was held for Special Exception Application #210 submitted by D. P. Hilton Associates (Robert Dowler), applicant and owner, for Commercial Building (Office/Retail) located at Northwest Corner of Routes 80 and 81, Killingworth, Connecticut, Tax Map 27, Parcel 8/14, Zoning District Large Business Commercial/Rural Residential.

Present - C. Martens, Chairman C. Jefferson, ZEO
T. Lentz
J. O’Brien
S. Morgan
E. Hayash (seated for L. Annino)
J. Adametz (seated for D. Hale)

1. Call to Order
C. Martens called the meeting to order at 8:48 PM immediately following the above noted public hearing.

2. Minutes of Regular Meeting No. 879 Held October 18, 2005
Motion by T. Lentz, second by E. Hayash, to approve the October 18, 2005 Minutes as written. SO VOTED.

3. Visitors
Elizabeth Bosco was present to discuss her boundary line with the new Intermediate/Middle School. She indicated she has lived at 459 Route 81 since 1952, which property adjoins the RSD 17 property. She noted the Memorandum of Decision condition #3 does not mention the “Bosco” property as one where a landscape buffer is required. Ms. Bosco reviewed the proximity of the soccer and softball fields to her property line and that once the trees were cut down, she can see all this. She also noted that currently the softball field next to her property is used for storing topsoil. Ms. Bosco asked how her property line got left off the listing of property lines on the Memorandum of Decision. Chairman Martens noted a school is a permitted use in a residential zone and there is nothing in the regulations that requires a buffer. He indicated the Commission can appreciate Ms. Bosco’s concerns about seeing this area and will have the ZEO talk with the engineer requesting his recommendation that some sort of buffer be added to the plan separating her common boundary line. He also suggested Ms. Bosco put up a buffer on her own property to afford additional protection. Ms. Bosco noted she has already planted 4 Rhododenrons. This will then be brought back to the Commission and it can decide what to do. Ms. Jefferson noted this will not be done soon, but probably when the landscaping it done. Any discussion regarding this issue will be in the Minutes.

4. Communications and Bills
(a) Letter from Attorney John S. Bennet dated November 14, 2005 Re Application of D. P. Hilton Associates, property at northwest corner of Routes 80 and 81.

(b) Copy of Legal Notice for D. P. Hilton Associates Special Exception Application.

(c) Copy of letter from State DOT to Roger Nemergut dated December 3, 2004 Re Proposed By-Pass Routes 80 & 81 Town of Killingworth.
(d) Fax from N. L. Jacobson & Associates dated November 10, 2005 Re Lot 4 Routes 80 & 81, Engineering Review.

(e) Copy of letter from Nicholas Bellantoni, Connecticut State Archaeologist, to Roger Nemergut dated October 27, 2005 Re Proposed Commercial Development, Killingworth.

(f) Memo from Richard E. Leighton, Code Official, to Planning & Zoning Commission, dated November 13, 2005 Re Fire Protection Review, Proposed Commercial Building, Lot 4 Town Center, Routes 80 & 81, Killingworth.

(g) Copy of Invitation for Susan S. Adinolfo Retirement Reception to be held on Sunday, November 20, 2005.

(h) Copy of Board of Selectmen Notice of Vote and Minutes from October 24, 2005 Meeting.

(j) Two Affidavits of Publication – one for Frohlich and one for Brasile and Okoniewski.

(k) Correspondence regarding Amerigas and Francis Dooley dating back to June of 2003.

(l) Copy of letter from Cathie Jefferson to Aart Van Willgen dated 11/4/05 Re Unregistered Motor Vehicles.

(m) Copy of letter from R. E. Leighton, Code Official, dated October 29, 2005, to William & Anna Brandt Re Notice to Abate Petroleum Contamination.

(n) Copy of letter from R. E. Leighton, Code Official, dated October 29, 2005, to Margaret Poulton Re Accessible Ramp Installation.

(o) Copy of letter from R. E. Leighton, Code Official, dated October 29, 2005, to Edward Hawes Re Outstanding Issues Construction Permit.

(p) Copy of letter from R. E. Leighton, Code Official, dated November 5, 2005, to Jonathan Moyer Re Building Permit Application, 3 Maple Hill Road, Disapproved-Design Problem.

(q) Copy of letter from R. E. Leighton, Code Official, dated November 6, 2005, to Peter J. Oddo, Re RSD 17, New Intermediate/Middle School Project, Required Testing Status.

(r) Copy of letter from R. E. Leighton, Code Official, dated November 6, 2005, to Peter J. Oddo, Re RSD 17, New Intermediate/Middle School Project, Fire Pump Installation Vault Facility.

(s) Copy of letter from R. E. Leighton, Code Official, dated November 6, 2005, to Peter J. Oddo, Re RSD 17, New Intermediate/Middle School Project, Required Electrical Panelboard Clearances.

(t) Copy of letter from R. E. Leighton, Code Official, dated October 17, 2005, to Peter J. Oddo, Re RSD 17, New Intermediate/Middle School Project, Required Testing.

(u) Original letter from N. L. Jacobson & Associates dated October 18, 2005 Re Lot 17 Lower Ledge Special Exception Application Engineering Review.

(v) Letter from R. E. Leighton, Code Official, to Planning & Zoning Commission dated November 6, 2005 Re Hammonasset River Estates LLC Fire Protection Review/Approval.

(w) Letter from R. E. Leighton, Code Official, to Planning & Zoning Commission dated November 6, 2005 Re Hammonasset River Estates LLC Sanitarian’s Review Comments/Conditions.

(x) Fax from N. L. Jacobson & Associates to Planning & Zoning Commission dated November 14, 2005 Re Hammonasset River Estates Engineering Review.

(y) Original letter from N. L. Jacobson & Associates to Planning & Zoning Commission dated November 1, 2005, Re Hammonasset River Estates Engineering Review.

(z) Letter from Connecticut River Estuary Regional Planning Agency to Planning & Zoning Commission dated November 8, 2005 Re Review of Old Saybrook Plan of Conservation & Development.

(bb) Letter from Killingworth Land Conservation Trust dated October 24, 2005 Re Hammonasset River Estates LLC.

(dd) Letter from Elizabeth Bosco dated November 8, 2005 (with attachments) Re New Intermediate/Middle School Project.

(ee) Two resignations letters from Planning & Zoning Commission alternates – Jere Adametz and Edward Hayash, Jr.

(gg) Handwritten note from Roger Nemergut dated 11/15/05 requesting continuance of the public hearing for D. P. Hilton Associates.

(hh) Letter from Hammonasset River Estates LLC to Planning & Zoning Commission dated November 11, 2005 Re Beckwith Road Subdivision and waiver of Section 7.5.2.f.3 changing road width from 20 feet to 18 feet.

(ii) Letter from John Himmelman, President of Land Trust, dated November 14, 2005 Re Open Space, Parkside Subdivision.

(jj) Letter from Nicholas Bellantoni, Connecticut State Archaeologist, dated October 27, 2005 Re Hammonasset River Estates Subdivision.

5. Old Business
(a) Hammonasset River Estates Subdivision Application #298 – 3 Lot Subdivision, Beckwith Road
Jay Berardino introduced himself as the representative for Hammonasset River Estates Subdivision. He submitted a letter seeking a waiver of Section 7.5.2.f.3 to change a 20 foot private road width to an 18 foot private road width. The private roadway provides access to only two lots and can never provide access to more than these two lots. Chairman Martens noted the Town Engineer reviewed this and indicated they had no objection to granting the waiver to reduce the proposed private road to 18 feet. Motion by Mr. Lentz, second by Mr. Adametz, to grant waiver of Section 7.5.2F.3 for Hammonasset River Estates Subdivision to reduce the private road width from 20 to 18 feet. Discussion followed. Mr. Lentz noted the narrow road has less impact. Chairman Martens noted it will only serve two lots and the Town Engineer does not object. SO VOTED.

Chairman Martens noted the application has all the required approvals that were necessary. Motion by Mr. O’Brien, second by Mr. Hayash, to approve Hammonasset River Estates Subdivision Application #298. SO VOTED.

Mr. Berardino thanked Ms. Jefferson for all her help and wished Chairman Martens lots of health and happiness in his retirement. A copy of the revised plans showing the 18 foot road reduction was submitted for the file.

(b) Special Exception No. 210 – D. P. Hilton Assoc. – commercial building on corner of
Routes 80 & 81
Chairman Martens noted Special Exception No. 210 for D.P. Hilton Associates has been continued until January 3, 2006.

(c) Subdivision Application #299 – Middlesex Development Corporation – 3 lot subdivision, Beckwith Ridge on Beckwith Road
Ms. Jefferson noted this application did not have all the required documentation submitted yet. She would contact them and advise them of this fact and that they would have to request an extension of time. This will be continued until the next meeting.

(d) Timber Harvest Application – James Nazur/Laurie Averill, 176 Chestnut Hill Road
Ms. Jefferson noted this application was received at the last meeting. She noted the second access was removed from the application and Wetlands approval has been received. Motion by Mr. O’Brien, second by Mr. Adametz, to approve Timber Harvest James Nazur/Laurie Averill application on recommendation of the ZEO. SO VOTED.

(e) Lot Line Change, Parkside Subdivision, Patrick Drive – applicant Gerald Ryan
Roger Nemergut noted the Parkside Subdivision was already approved and the Open Space will be dedicated to the Land Trust. He explained that as part of that approval it has been agreed to convey a portion of the new lot to the owner of Lot 10 of the Parkside Subdivision. Mr. Nemergut noted the applicant has filed for a lot line revision with the Building Official and his approval has been received. Chairman Martens noted a letter was also received from the Land Trust. Motion by Mr. Lentz, second by Ms. Morgan, to approve Lot Line Change, Parkside Subdivision. SO VOTED.

7. New Business
(a) Don Carlson (agent), S. Anderson (owner), W. Shumack (applicant), for 6 Lot Subdivision, property on Route 81, Map 37, Lot 3.
Don Carlson noted this property is on the west side of Route 81 by the cell tower and he has been before the Commission for preliminary discussions a couple of times already. The subdivision entitled “Sherwood Forest” consisted of 6 lots with a private road 1000 feet long. There have been discussions with the Wetlands Commission. There are two rear lots to be served by a long driveway with a bridge. They have received Wetlands approval and are awaiting the other approvals from Code Official, Town Engineer, etc. A site walk was scheduled for Saturday, November 19, 2005, at 9:30 AM.

(b) Lot Line Change – Richard Henreg
Richard Henreg, owner of Lot 9, explained he was trying to acquire the area in question from Lot 8. This triangle area would secure a little more privacy for the back of his property. Ms. Jefferson noted this was pretty straight forward and doesn’t create another lot. Chairman Martens also noted this has been reviewed and approved by the Code Official. Motion by Mr. Adametz, second by Ms. Morgan, to approve Lot Line Change for Richard Henreg, Lot 9. SO VOTED.

6. Zoning Enforcement Officer’s Report
(a) Ms. Jefferson reviewed a new State Statute Section 8-7A which says that all hearings, deliberations of hearings and meetings were decisions are acted upon applications are required to be recorded.

(c) Ms. Jefferson briefly reviewed the status of the school settlement with the neighbors and the Wetlands settlement regarding the particle separator.

(e) Ms. Jefferson noted the final argument for the Graf litigation will take place on Monday, November 21, 2005.

8. Report of Officers and Subcommittees
Mr. Lentz noted he is getting information together for the new Town Plan.

Paul McGuinness introduced himself as the new alternate to fill Mr. Morgan’s position. Chairman Martens congratulated all the newly elected members of the Commission. He noted he was really proud of the work the Commission has done and the results that have been accomplished. He indicated he has been most fortunate to have great Commission members. Mr. Martens wished everyone the best. Chairman Martens then briefly reviewed filling the alternate positions which the Commission can do itself. The Commission has 45 days to do that and then it will go to the Selectmen.

Minutes of the Regular Meeting 879 of the Killingworth Planning and Zoning Commission Tuesday, October 18, 2005 at the Killingworth Town Office Building

It was noted a Public Hearing was held for Special Exception Application #209 submitted by Gary and Mary Frohlich, applicant and owner, for Removal of Earth Products located at Lot 17 River Road, Lower Ledge Subdivision, Killingworth, Connecticut, Tax Map 35, Lot 7, Zoning District R.

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

1. Call to Order
C. Martens called the meeting to order at 8:06 PM immediately following the above noted public hearing.

2. Minutes of Regular Meeting No. 878 Held October 4, 2005
Motion by Lentz, second by Hale, to approve October 4, 2005 Minutes as presented. SO VOTED.

4. Communications and Bills
(1) Letter from Osprey Environmental Engineering to Killingworth Zoning Commission dated October 18, 2005 requesting waivers of Sections 114D.4 and 114D.5 of the Zoning Regulations for the Frohlich application.

(2) Fax from Jacobson & Associates to Planning & Zoning Commission dated October 18, 2005 Re Special Exception Application (Frohlich), Lot 17 Lower Ledge, Engineering Review.

(3) Affidavit of Publication and Legal Notice Publication for Frohlich Special Exception Application for Notice of Public Hearing.

(4) Certified Mail Return Receipt for Madison Town Clerk Re Frohlich Application.

(5) 3 Returned Mail Envelopes – 1 for The Cooking Company and 2 for Terry Brasile & Michael Okoniewski.

(8) Copy of Water Pollution Control Authority Minutes from September 7, 2005 and October 5, 2005.

(9) Copy of Inland Wetlands & Watercourses Commission Minutes from October 11, 2005 and September 27, 2005.

(11) Memo from John McMahon, BOF Chair dated October 7, 2005 Re Annual Town Report for period ending June 30, 2005.
(12) Copy of Public Act 05-205 for New Requirements for Plans of Conservation (T. Lentz is custodian of this document).

(13) Letter from First Selectman Denvir to Jeremiah Adametz dated October 14, 2005 Re Appointment as Planning & Zoning’s Representative to CRERPA.

(14) Letter from R. E. Leighton, Code Official, to Teresa & Tadeusz Pienkos dated October 10, 2005 Re Electrical Installation, Unlicensed Electrical Work.

(15) Letter from R. E. Leighton, Code Official, to Benjamin DeCrosta dated October 12, 2005 Re Outdooe Wood Burning Furnace, Compliance/Permits Required.

(16) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission, dated October 10, 2005 Re Re-subdivision Beckwith Ridge, Beckwith Road, Sanitarian’s Review.

(17) Memo from Richard E. Leighton, Code Official, to Killingworth Planning & Zoning Commission, dated October 10, 2005, Re Proposed Commercial Building, Lot 4 Town Center, Intersection Routes 80 & 81, Sanitarian’s Review.

5. Old Business
(a) Hammonasset River Estates Subdivision Application #298 – 3 Lot Subdivision, Beckwith Road
Jay Beradino introduced himself as the applicant’s representative. He noted this was a 3 lot subdivision on a private road (720 feet long). A site walk was done by Planning & Zoning. He indicated Wetlands approved this on September 13, 2005. Lot 3 was changed to a 4.6 acre minimum building land area. Plans were reviewed for the Town Engineer who made comments about the base of the private road. Chairman Martens noted there were two letters from the Code Official, dated September 11, 2005, regarding Sanitarian’s Review and Fire Protection Plan, which both indicated the applications were incomplete. There have been no subsequent letters from Mr. Leighton. Mr. Beradino noted the plans were revised for the Town Engineer and all comments were addressed. Chairman Martens noted the Town Engineer did not have any problems with the site plan. It was noted Mr. Leighton was out of state and therefore a final letter had not been submitted. It was noted this application will be continued until November 15th.

(b) Special Exception No. 209 – Gary Frohlich, Earth Removal, Lot 17 Lower Ledge Subdivision – 48 River Road
Chairman Martens noted a public hearing took place prior to this meeting. There was a request for two waivers of Sections 114D.4 and 114D.5 of the Zoning Regulations. Chairman Martens noted this would not be a steady operation, but one on as needed basis. It was suggested the hours be 7:00 AM to 5:00 PM Monday through Saturday. No Sunday work. The waivers were discussed during the hearing and should be dealt with first. It was also suggested a binder coat be put on the driveway at the end of the gravel operation.

Motion by O’Brien, second by Hale, to approve waivers of Sections 114D.4 and 114D.5 of the Killingworth Zoning Regulations for Special Exception 209, Gary Frohlich. SO VOTED.

Mr. Hale suggested a condition of approval regarding temporary signs at the entrance to the site as recommended by the Town Engineer in his letter of October 18, 2005.

Motion by O’Brien, second by Morgan, to approve Special Exception 209, Gary Frohlich, Earth Removal, Lot 17 Lower Ledge Subdivision with the following conditions –

1. Hours of Operation – Monday thru Saturday from 7:00 AM to 5:00 PM,
2. Detail of the Retaining Wall be added to the Site Plan that is acceptable to the Town Engineer,
3. Binder coat be put on the driveway at the end of the excavation.
Discussion followed. Mr. Annino asked if there was any requirement for bonding for an operation of this type. It was noted the signage did not need to be a specific condition as it was already shown on the site plan. SO VOTED.

(c) Special Exception No. 210 – D. P. Hilton Assoc. – commercial building on corner of
Routes 80 & 81 – public hearing scheduled for November 15, 2005
Chairman Martens noted a public hearing was scheduled for the November 15, 2005 meeting.

(d) Subdivision Application #299 – Middlesex Development Corporation – 3 lot subdivision, Beckwith Ridge on Beckwith Road
Derrick Schull, Professional Engineer and Licensed Land Surveyor, introduced himself. He noted Ms. Jefferson asked him to come before the Commission and do a presentation of the project. He also noted the Commission has shown an interest in doing a site walk. The subject property is a second piece of an original piece that was split that was discussed earlier (Hammonasset River Estates). The original piece has a house and two other lots. This piece was split off and is being proposed for 3 lots. Chairman Martens noted for the record this was a subdivision and not a resubdivision. Mr. Schull noted this was a 3 lot subdivision on 27.88 acres. Almost a third (9.2 acres) will be deeded to the Killingworth Land Conservation Trust. Lot 1 consists of 7.04 acres of which 3.73 is buildable area. Lot 2 is 4.69 of which 2.73 is buildable area. Lot 3 is 6.97 acres of which 3.32 is buildable area. They are currently before the Inland Wetlands Commission for a wetlands crossing for Lots 2 & 3 with a site walk scheduled for Saturday. Two lots are accessed from Beckwith Road and one from Abner Lane. Mr. Lentz asked if this property was in a watershed. Mr. Schull noted he would check on that. If so, the Connecticut Water Company in Clinton must be notified of the application. Chairman Martens suggested Mr. Schull send the Water Company a copy of the application. A site walk was scheduled for October 30, 2005 at 9:30 AM.

(e) Timber Harvest Application – James Nazur/Laurie Averill, 176 Chestnut Hill Road
No one was present.

7. New Business
(a) Lot Line Change, Parkside Subdivision, Patrick Drive – applicant Gerald Ryan
Roger Nemergut was present representing the applicant. Chairman Martens noted there was no letter from the Code Official. Mr. Nemergut noted the purpose of that letter is so that when a lot line is changed, one doesn’t make an existing house lot nonconforming. This particular lot line shift will not effect the house lots, but make the open space smaller. He questioned whether it was necessary to have that letter. Chairman Martens reiterated the Commission must have a letter from the Code Official. Mr. Nemergut noted the Killingworth Land Trust has approved this and he hoped the Commission had a letter from John Himmelman, KLCT President. Mr. Nemergut explained that as part of getting wetlands approval, one of the alternatives was to share a common drive with Lot 10. That property owner agreed to do so in exchange for enlarging his lot by taking some land from the original piece. This was contingent upon everyone else agreeing also. Mr. Nemergut pointed out where the stone wall was located that was involved in this lot line change. This will be on the next meeting agenda.

(b) Motion by Hale, second by Lentz, to reappoint Jere Adametz as CRERPA representative. SO VOTED.

Chairman Martens reminded everyone that there is a Charter Revision Committee meeting tomorrow evening at 7:00 PM for anyone who wished to attend.

9. Adjournment
There being no further business, the meeting adjourned at 9:01 PM.
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Minutes of the Regular Meeting 878 of the Killingworth Planning and Zoning Commission Tuesday, October 4, 2005 at the Killingworth Town Office Building

Minutes of Regular Meeting No. 877 of the Killingworth Planning & Zoning Commission Held on Tuesday, October 4, 2005, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut

Public Hearing - It is noted that a public hearing was held for an Amendment to original Special Exception #139, Terri Brasile & Michael Okoniewski, 26 Chittenden Road, for addition of business, Application No. 208

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

1. Call to Order
C. Martens called the regular meeting to order at 8:23 PM immediately following the above mentioned public hearing.

2. Minutes of Regular Meeting No. 877 Held September 20, 2005
Motion by Mr. O'Brien, second by Mr. Annino, to add Ed Hayash and Jere Adametz to list of attendees at the September 20, 2005 meeting. SO VOTED.

4. Communications and Bills
(1) Notice of Public Hearing for Special Exception Application #208.

(2) Legal Notice Publications for Special Exception Application #208 for publication on September 23 and 29, 2005.

(3) Letter from Francis J. Shanoff III, 40 Chittenden Road to the Killingworth Planning & Zoning Commission dated October 4, 2005 Re 26 Chittenden Road.

(7) Letter from Connecticut Water Company dated September 26, 2005 regarding sources of surface and groundwater public drinking water supplies located within the Town of Killingworth.

(8) Letter from Mary Webber to C. Jefferson and Planning & Zoning Commission dated 9/28/05 regarding personnel on the RSD 17 site after 7:30 PM.

(9) Letter from Jay Berardino dated September 30, 2005 to C. Jefferson requesting a 65 day extension for the Hammonasset River Estates Subdivision.

(10) Letter from Charles E. Martens, Jr. to John Speicher dated September 28, 2005 thanking Mr. Speicher for his many years of dedicated service.

5. Old Business
(a) Hammossett River Estates Subdivision Application #298 - 3 Lot Subdivision, Beckwith Road
Chairman Martens read into the record a letter from Jay Berardino dated September 30, 2005 requesting a 65 day extension in order to complete additional soil testing.

(b) Amendment to Special Exception #195 Gary Bellard for inclusion of 2 propane tanks at
184 Route 81
Roger Nemergut reviewed the revised location of the propane tank farm expansion. Chairman Martens read a letter from R. E. Leighton, Code Official, to the Planning & Zoning Commission dated September 21, 2005 approving the location of the tanks as revised. Mr. Leighton's letter indicates the revised plan meets all applicable codes. Motion by Mr. O'Brien, second by Mr. Annino, to approve the Amendment to Special Exception #195 Gary Bellard for inclusion of 2 propane tanks at 184 Route 81. SO VOTED.
(c) Amendment to original Special Exception #139, Terri Brasile & Michael Okoniewski, 26 Chittenden Road, for addition of business, Application No. 208
Chairman Martens noted a public hearing was held prior to this regular meeting. It was thought this might be more than just an amendment. Mr. Martens noted the applicant has a number of dumpsters already on site and wants to add several more. Mr. Lentz reviewed Sections 80A.1, 80A.2 and 90A.2. He felt this type of business should be conducted in an Industrial District as a Special Principal Use. Mr. Annino confirmed that in a Commercial District commercial vehicles are required to be garaged. Mr. Hale noted when this was first approved it was to be for a small landscaping company. He felt this was a use that had outgrown its site. Mr. Lentz noted it would be reasonable to have one or two dumpsters associated with a landscaping business, but not a stand alone separate business. Mr. O'Brien asked if this was an appropriate application or should it have been a separate application. Messrs. Martens and Lentz noted the procedure and outcome would be the same so it probably doesn't make any difference. Chairman Martens noted it was his opinion this business would be more appropriate in a commercial district. Motion by Mr. Lentz, second by Mr. Annino, to approve the Amendment to Original Special Exception #139, Terri Brasile and Michael Okoniewski, 26 Chittenden Road, for addition of business, Application No. 208. Discussion followed. Chairman Martens noted if this application is denied, any expansion of the original approval for the landscaping business would then have to be addressed. There would need to be a modification for the dumpsters or the dumpsters would have to be moved to another site. Voting in favor - none. Opposed - SO VOTED. APPLICATION DENIED.

Chairman Martens reiterated to the applicant that he should come in with a separate application addressing the dumpsters for the landscaping business.

6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted the new application came in for Gary Frohlich and a public hearing was scheduled for October 18, 2005.

(b) C. Jefferson noted she passed the letter from Mary Webber along to the construction company and Region District 17, but there isn't anything that says they can't work after 7:00 PM.

(d) C. Jefferson noted she spoke with Derrick Schull today regarding the Middlesex Development Corporation Subdivision Application #299. He was not able to be here this evening but asked if a site walk could be scheduled.

(f) C. Jefferson also noted she had a Brief from the Connecticut Law Journal regarding the Graff litigation that is scheduled now for the end of November.

7. New Business
(a) Special Exception No. 209 - Gary Frohlich, Earth Removal, Lot 17 Lower Ledge Subdivision - 48 River Road - receipt of application
Chairman Martens noted the public hearing has been scheduled for October 18, 2005.

(b) Special Exception No. 210 - D. P. Hilton Assoc. - commercial building on corner of
Routes 80 & 81 - receipt of application
Roger Nemergut represented the applicant noting this was a 2.2 acre parcel located on the west side of Route 81 just north of the commuter parking lot and south of the Country Store. It is a 7000 square foot office building, two story, 3500 square footprint. There would be 28 parking spaces accessing off of Route 81. A bypass lane is being proposed northbound just north of the circle to go around cars that are stopped entering the site. Plans have been submitted to the Connecticut DOT. Mr. Nemergut noted this has not been submitted to the Town Engineer yet, but it has been submitted to the Code Official. Chairman Martens noted the public hearing would be scheduled for November 15, 2005.

(c) Subdivision Application #299 - Middlesex Development Corporation - 3 lot subdivision, Beckwith Ridge on Beckwith Road
Chairman Martens noted Derrick Schull will be asked to come in and explain this application.

(d) Timber Harvest Application - James Nazur/Laurie Averill, 176 Chestnut Hill Road
This application was tabled until the next meeting.

(e) Lot Line Change - Michael Harkin, 78 Wolf Hollow Road
Mr. Harkin introduced himself noting the reason for the lot line change was because part of the foundation of the new house is within the building setback. Adjoining property owners have agreed to do an equal area property transfer of 1500 square feet. Chairman Martens noted the Code Official has approved this request and submitted a Certificate of Review. Motion by Mr. Annino, second by Mr. Lentz, to approve the Michael Harkin, 78 Wolf Hollow Road, lot line change as shown on map dated 9/20/05, Lots 14 and 16. SO VOTED.

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Minutes of the Regular Meeting 877 of the Killingworth Planning and Zoning Commission Tuesday, September 20, 2005 at the Killingworth Town Office Building

Minutes of Regular Meeting No. 877 of the Killingworth Planning & Zoning Commission Held on Tuesday, September 20, 2005, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut

Public Hearing - It was noted for the record that a public hearing was held for Special Exception Application #205 submitted by The Cooking Company for a Gourmet Take Out Prepared Food Market located at 187 Route 81, Killingworth, Connecticut, Tax Map 33, Parcel 21F.

Continued Public Hearing - It was noted the application for Special Exception Application #204 submitted by Gary and Mary Frohlich, applicant and owner, for Removal of Earth Products located at Lot 17 River Road, Lower Ledge Subdivision, Killingworth, Connecticut, Tax Map 35, Parcel 7Q, Zoning District R, was withdrawn.

Present: C. Martens, Chairman C. Jefferson, ZEO
T. Lentz
L. Annino
D. Hale
J. O'Brien
S. Morgan

1. Call to Order
C. Martens called the meeting to order at 8:05 PM immediately following the above noted public hearings.

2. Minutes of Regular Meeting No. 876 Held September 6, 2005
Motion by D. Hale, second by S. Morgan, to approve the September 6, 2005 Minutes as written. SO VOTED.

3. Visitors
Don Carlson was present regarding the Anderson property. He noted this is currently before Inland Wetlands who asked for a few modifications. C. Jefferson suggested to the applicant that the wetlands concerns were addressed before submitting to Planning & Zoning, but Mr. Carlson noted in the interest of moving things along that maybe a site walk could be scheduled. It was decided to set a site walk at the next meeting.

4. Communications and Bills
(1) Letter from Gary Frohlich dated 9/20/05 withdrawing Special Exception Application No. 204.

(4) Proposed amendments to the Deep River Zoning Regulations Re Section 7 scheduled for public hearing on October 20, 2005.

(5) Letter from Torrance Downes, CRERPA, to Town of Haddam dated September 13, 2005 Re Zoning Regulation Amendments - Lot Access Strips, Minimum Lot Area, Division of a Parcel and Zoning Permit Requirements for Non-conforming Lots, Extension of Commercial/Industrial Districts into Residential Districts.

(6) Letter from Richard E. Leighton, Code Official, to Tadeusz & Teresa Pienkos dated August 22, 2005 Re Notice of Stop Work, Second & Final Request to Contact Office.

(7) Letter from Cathie S. Jefferson, ZEO, to Michael Amato dated 9/13/05 Re complaints regarding landscaping business.

(8) Letter from Cathie S. Jefferson, ZEO, to Arthur Siegel dated 9/6/05 Re RV Storage - Second Notice, Cease & Desist.

(9) Letter from Cathie S. Jefferson, ZEO, to Benjamin DeCrosta dated 9/15/05 Re Setback Violation.

(10) Letter from RSD No. 17, Gary Shettle, to Cathy Jefferson, ZEO, dated August 2, 2005, Re Letter of July 29, 2005.

(11) Letter from Dr. Gerard and Barbara Irzyk to Cathie Jefferson, ZEO, et als dated September 10, 2005 Re installation and use of outdoor wood burning furnace at 10 Warwickshire Drive.

(12) Letter from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated September 11, 2005 Re Hammonasset River Estates LLC, Fire Protection Review Application Incomplete.

(13) Letter from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated September 11, 2005 Re Hammonasset River Estates LLC, Sanitarian Review Application Incomplete.

(14) Original letter from N. L. Jacobson & Associates to Planning & Zoning Commission dated September 6, 2005 Re Chittenden Meadows Subdivision Town Clerk Lane Review for Bond Release.

(15) Original letter from N. L. Jacobson & Associates to Planning & Zoning Commission dated September 6, 2005 Re Hammonasset River Estates, Beckwith Road & Abner Lane Engineering Review.

(16) Letter from Killingworth Land Conservation Trust to Planning & Zoning Commission dated September 12, 2005 Re acceptance of offer from John Fusulo III on Patrick Drive.

5. Old Business
(a) Special Exception No. 204 - Gary Frohlich, Earth Removal, Lot 17 Lower Ledge Subdivision - 48 River Road
Chairman Martens noted this application has been withdrawn and a new application will be submitted.

(b) Special Exception No. 205 - Cooking Company LLC, 187 Route 81, for gourmet take out of prepared foods and limited service
Chairman Martens noted there was a public hearing on this application prior to this meeting. He noted there didn't appear to be any concerns other than the septic system. Mr. Annino pointed out it will be metered and if it exceeds 220, it will have to be re-engineered. The application has a conditional approval for the septic system. Motion by Mr. O'Brien, second by Mr. Hale, to approve Special Exception Application No. 205 for The Cooking Company LLC with the conditions as noted in the Code Official's letter dated 7/23/05 and the hours of operation as stated in the application. SO VOTED.

(c) Hammonasset River Estates Subdivision Application #298 - 3 Lot Subdivision, Beckwith Road
Chairman Martens noted the applicant has to meet with the Code Official regarding Fire Protection and Sanitation approval as that Official has indicated those applications were incomplete. This will be on the next agenda. Mr. Martens indicated there was a letter from the Town Engineer stating his review was fine.

(d) Amendment to Special Exception #195 Gary Bellard for inclusion of 2 propane tanks at
184 Route 81
Chairman Martens noted this application will be placed on the next meeting agenda.

(e) Timber Harvest Application, Deorchis, 267 North Parker Hill Road
C. Jefferson noted she did a site walk on the property and there did not appear to be any road access issues or any problems. The Inland Wetlands approved it last week. There are no wetlands crossings. Motion by Mr. O'Brien, second by Mr. Hale, to approve the Timber Harvest application at 267 Parker Hill Road for Deorchis. SO VOTED.

(f) Amendment to original Special Exception #139, Terri Brasile & Michael Okoniewski, 26 Chittenden Road, for addition of business, Application No. 208 - public hearing scheduled for October 4, 2005
Chairman Martens noted this public hearing will be held on October 4, 2005.

6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted she has the revised plans for the Bethke Road Ballfield as noted at the last meeting.

(b) C. Jefferson noted there has been discussion about moving the fire protection tank off the Town's right-of-way for the Hammonaset River Estates Subdivision on to private property which puts it within a wetland area. They may have to spend more time on this one.

(c) C. Jefferson noted Michael Amato bought two of the Heft Brook Estates lots and was building himself a house on one of the lots and was storing business vehicles on the other lot. The neighbors have complained and Ms. Jefferson has since spoke with the property owner. Mr. Amato has indicated he is locating another piece of property to put his business on.

(d) C. Jefferson briefly reviewed the letter to the DeCrostas having to do with the Outdoor Wood Burning Furnace. The Code Official has indicated there will probably be more of these in town by virtue of the increase in fuel costs. C. Jefferson noted this particular property owner did not get a permit and is in violation of the setback. There is also the issue of the smoke stack on the property line. The property owner will have to work out the issue of the smoke stack with the Code Official and the Health Director.

(e) Mr. Annino brought up a real estate ad he saw in the newspaper for the sale of two homes on one lot on Tower Hill Road. C. Jefferson will research this matter.

7. New Business
Mr. Hale noted with regard to the Bellard Special Exception, he thought all the trash bins were to have been aggregated in one spot and that has not been done. C. Jefferson noted that will be done when it comes time to get a Certificate of Occupancy and all conditions have to be met.

Chairman Martens noted he received a copy of a letter from Sue Morgan resigning as alternate to the Planning & Zoning Commission as of September 8, 2005. Mr. Martens suggested waiting until after the upcoming Election to address this matter.

8. Report of Officers and Subcommittees
Chairman Martens gave a brief review of the NEMO Report. He noted the Conservation Commission will conduct and produce a community resource inventory with narrative and maps that will be available to Planning & Zoning for its use in planning.

Motion by Mr. Lentz, second by Mr. Hale, to have the Chairman write a resolution to acknowledge John Speicher for his years of dedicated service to the Planning & Zoning Commission. SO VOTED.

9. Adjournment
There being no further business, the meeting adjourned at 8:55 PM.

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Minutes of the Regular Meeting 876 of the Killingworth Planning and Zoning Commission Tuesday, September 6, 2005 at the Killingworth Town Office Building

It is noted for the record that the public hearing for The Cooking Company was rescheduled to Tuesday, September 20, 2005, due to a clerical error in the Notice of Public Hearing.

Present - C. Martens, Chairman C. Jefferson, ZEO
L. Annino
D. Hale
J. O'Brien
S. Morgan
J. Adametz (seated for T. Lentz)

2. Minutes of Regular Meeting No. 875 Held August 16, 2005
Motion by Mr. Hale, second by Mr. Annino, to approve the August 16, 2005 Minutes amended as follows -
• Page 2, 1st paragraph, second line should read, "It is unrealistic to think that some of the 400 cairns would not be dismantled"
SO VOTED. MOTION CARRIED.

4. Communications and Bills
(1) Affidavit of Publication for Frohlich public hearing commenced on August 16, 2005.

(2) Copy of Inland Wetlands & Watercourses Commission Minutes from August 9, 2005.

(3) Copy of Board of Selectmen Minutes and Notice of Vote from August 22, 2005 Meeting.

(5) Copy of letter from R. E. Leighton, Code Official, to Blaine Isakson dated August 20, 2005 Re Certificate of Occupancy Conditions.

(6) Copy of Cease & Desist Order issued by Cathie S. Jefferson to Arthur Siegel Re RV Storage dated 9/6/05.

(7) Copy of letter from R. E. Leighton, Code Official, to Marcelo Torres dated August 22, 2005 Re Construction Without Permits, Notice of Stop Work.

(8) Copy of letter from R. E. Leighton, Code Official, to Tadeusz & Teresa Pienkos dated August 22, 2005 Re Electrical Inspection, Notice of Stop Work.
(9) Copy of Notice of Tentative Determination from Connecticut DEP for application submitted by Robert Giannotti Jr. to repair dam at Fricks Pond in Killingworth.

(10) Copy of letter from Connecticut DOT to Roger Nemergut dated August 22, 2005 Re Proposed Single Resident Drive, Route 81, Killingworth.

(11) Copy of letter from Connecticut DOT to Roger Nemergut dated August 30, 2005 Re Proposed Day Care Facility, Route 81, Killingworth.

(12) Copy of letter from Connecticut DOT to Kati Drzewianowski dated August 30, 2005 Re Relocation of Alders Bridge Road.

(13) Letter from Inland Wetlands & Watercourses Commission confirming no activity concerning Little League Field on Bethke Road.

(14) Original letter from Jacobson & Associates to Planning & Zoning Commission dated August 30, 2005 Re Little League Baseball Field, Bethke Road, Site Plan Review.

(15) Original letter from Jacobson & Associates to Planning & Zoning Commission dated August 15, 2005 Re Hammonasset River Estates Engineering Review.

(16) Fax copy of letter from Jacobson & Associates to Planning & Zoning Commission dated September 6, 2005 Re Hammonasset River Estates, Engineering Review.

(17) Fax copy of letter from Jacobson & Associates to Planning & Zoning Commission dated September 6, 2005 Re Chittenden Meadows Subdivision, Town Clerk Lane, Review for Bond Release.

(18) Memo from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission dated August 20, 2005 Re Special Exception Modification, Killingworth Village Shopping Center, Proposed Subway Restaurant/Liquor Store Expansion, Propane Tank Farm Expansion, Approved with Conditions.

(19) Original letter from Jacobson & Associates to Planning & Zoning Commission dated August 11, 2004 (should be 2005) Re Special Exception Application Lot 17 Lower Ledge Engineering Review.

(20) Original letter from Jacobson & Associates to Planning & Zoning Commission dated September 2, 2005 Re Special Exception Application, Realignment of Alders Bridge Road.

(21) Copy of letter from Connecticut DOT to James Ward dated July 5, 2005 Re Relocation of Alders Bridge Road.

(22) Letter from Killingworth Inland Wetlands & Watercourses Commission to Planning & Zoning Commission dated August 30, 2005 Re Realignment of Alders Bridge Road.

5. Old Business
(a) Special Exception No. 204 - Gary Frohlich, Earth Removal, Lot 17 Lower Ledge Subdivision - 48 River Road - continued until September 20, 2005

Chairman Martens noted this hearing had been continued until September 20, 2005.

(b) Special Exception No. 205 - Cooking Company LLC, 187 Route 81, for gourmet take out of prepared foods and limited service

Chairman Martens reiterated this public hearing was rescheduled to September 20, 2005.

(c) Special Exception No. 206 - Town of Killingworth, Municipal Improvement, Realignment of Alders Bridge Road - continued

Howard Pfrommer noted the original letter from the DOT voiced concern for the proposed curb radii met with Route 148. Mr. Pfrommer reviewed the proposed curb radius in detail. Approval was finally received from Connecticut DOT (August 30, 2005 Letter).

Mr. Pfrommer noted another concern at the last meeting was who required that Alders Bridge Road be closed at Route 81. He submitted a letter from Connecticut DOT dated July 5th stating that Alders Bridge Road must be closed off at Route 81. Chairman Martens asked if that road being closed off could then be used as a driveway. Mr. Pfrommer indicated that he thought it could but the homeowner would have to go back to the State DOT and request a driveway permit as this is a State road. He submitted revised plans showing the connection of the driveway to the relocated roadway. Grading was reviewed.

Motion by Mr. Hale, second by Ms. Morgan, to approve Municipal Improvement for the Realignment of Alders Bridge Road in accordance with the plans dated August 24, 2005 with the condition that once construction has commenced, it will be completed within 12 months. Discussion followed. Mr. Annino asked about bonding. Ms. Jefferson explained the Town does not bond itself. SO VOTED. Motion Carried.

(d) Hammossett River Estates Subdivision Application #298 - 3 Lot Subdivision, Beckwith Road
Chairman Martens noted this application still requires inland wetlands and sanitarian approvals.

(e) Amendment to Special Exception #195 Gary Bellard for inclusion of 2 propane tanks at 184 Route 81

C. Jefferson noted the revised plans submitted were not approved by Dick Leighton, Code Official, so this will be tabled until the next meeting.

(f) Little League Field
Chairman Martens reviewed the recent letter from Jacobson & Associates dated August 30, 2005 regarding the chain link backstop and the protective fence cap on the proposed 4' high chain link fence. It was noted this application has already been approved. Roger Nemergut has indicated the applicant has agreed to meet the recommendations of Jacobson & Associates.

6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted the bond release for Town Clerk Lane is way overdue. They have been working on problems with the level spreader and that is now resolved.

(b) C. Jefferson gave an update on the cairn decisions regarding The Ridges at Deer Lake. She noted Mr. Bellantoni feels that Deer Lake is the best preservation subdivision in the State for having addressed historical considerations. Mr. Bellantoni has nothing but the highest praise for those who worked on this subdivision.

(d) There was a brief discussion regarding replacement of mobile homes at Jensens.

7. New Business
(a) Timber Harvest Application, Deorchis, 267 North Parker Hill Road

C. Jefferson noted this application is currently before Inland Wetlands and should be tabled until the next meeting.

(b) Amendment to original Special Exception #139, Terri Brasile & Michael Okoniewski, 26 Chittenden Road, for addition of business, Application No. 208 - receipt of application

(c) Chittenden Meadows Bond Release - Chairman Martens reviewed the recommendation letter from Jacobson & Associates. Motion by Mr. O'Brien, second by Mr. Hale, to approve the release of the Chittenden Meadows Subdivision, Town Clerk Lane, maintenance bond. SO VOTED. Motion Carried.

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Minutes of the Regular Meeting 875 of the Killingworth Planning and Zoning Commission Tuesday, August 16, 2005 at the Killingworth Town Office Building

It is noted for the record that a public hearing was held for Special Exception Application #204 submitted by Gary and Mary Frohlich, applicant and owner, for Removal of Earth Products located at Lot 17 River Road, Lower Ledge Sudivision, Killingworth, Connecticut, Tax Map 35, Parc3l 7Q, Zoning District R. This hearing was continued until September 20, 2005.

Present - C. Martens, Chairman
T. Lentz
J. Speicher
L. Annino
D. Hale
E. Hayash
S. Morgan
J. Adametz

1. Call to Order
C. Martens called the meeting to order at 8:05 PM immediately following the public hearing noted above.

2. Minutes of Regular Meeting No. 874 Held August 2, 2005
Motion by Mr. Lentz, second by Mr. Annino, to approve the August 2, 2005 Minutes amended as follows -
• Page 4, 1st paragraph, 11th sentence, change to read "Lot 3 would have legal frontage on the private road and frontage on Beckwith Road also."
SO VOTED.

3. Visitors
Doug Harris, Senior Deputy Tribal Historic Preservation Officer with the Narragansett Indian Tribe, introduced himself. He noted he submitted a letter two weeks ago having to do with his concerns about the preservation of cairns in the roadway at The Ridges at Deer Lake. His issue was the Tribe had not been a component of the determination process. He noted that as a result yesterday morning two very significant cultural ceremonial structures were destroyed. Mr. Harris noted he had met with the State Archeologist and presented his concerns as previously suggested by this group. It was then agreed between the State Archeologist, Mr. Venuti and the developer's engineer that it was feasible to make some changes in the road, possibly a median that the two cairns could sit on and not be destroyed, or a slight adjustment in the roadway. The State Archeologist was going to send out a memo to that effect, but ultimately no memo has been received. Mr. Harris then noted it was communicated to him that it would be too difficult to do that. Mr. Harris reviewed Stipulation #4 from the September 21, 2004 determination. He again stated his concerns about preserving the cairns. He reiterated they want to continue to work with the Commission, the developer and the State Archeologist in firming up a plan that can in fact protect and preserve these ceremonial structures. They may include working with the Land Trust to try and acquire some of the lots. Lots 52, 40 and 43 have serious problems in terms of likelihood of destruction of significant cairns. Mr. Harris reiterated they would like to be a part of that process as stated in the letter he presented two weeks ago. This is a place of great significance and they are asking that that not be allowed to be dismantled. Chairman Martens commented that he felt the Commission has tried very hard to work with this matter and that the majority of the cairns will be preserved. It is unrealistic to think that all 400 of the cairns would not be dismantled. Chairman Martens noted Mr. Harris' input was welcome, but the final decision is up to the State Archeologist and the developer's engineer. Every effort will be made to avoid the cairns if at all possible. Tom Stevens, the developer's engineer, noted they have reviewed the 400 cairns with 27 being highlighted by the State Archeologist as being significant. He noted there were 4 or 5 cairns that there was no way to avoid. He further noted any cairns on individual lots would be avoided if at all possible to do so by making adjustments. Mr. Harris noted he would like to meet with Mr. Stevens regarding those 27 cairns. Mr. Harris further noted the Tribe has not participated with anyone in a cultural significance meeting. In conclusion, he mentioned the very cultural significance of the cairns on Lot 40 where those cairns will be destroyed if they are in fact close to the activity of someone's home. This area should possibly be donated to the Land Trust to preserve or bought from the developer.

Ann Taurausi noted it would be nice if Commission members introduced themselves so the public knows who is speaking. Chairman Martens introduced the members.

4. Communications and Bills
(1) Fax copy of letter from Jacobson & Associates dated August 12, 2005 to Planning & Zoning Commission Re Special Exception Application Lot 17 Lower Ledge Engineering Review.

(2) Certified Mail Receipt to Madison Town Clerk (Frohlich Special Exception Application).

(3) Affidavit of Publication for Cindy Zajac & Erin Torensio for Notice of Public Hearing for publication on July 29, 2005.

(4) Legal Notice Publications for Notice of Public Hearing for Gary & Mary Frohlich on August 4 and 11, 2005.

(5) Copy of Inland Wetlands & Watercourses Commission Minutes from July 26, 2005 and July 28, 2005.

(8) Letter from Town of Deep River Planning & Zoning Commission dated August 9, 2005 Re Amendments to the Deep River Zoning Regulations, public hearing scheduled for September 15, 2005.

(9) Fax copy of letter from Jacobson & Associates to Planning & Zoning Commission dated August 15, 2005 Re Hammonasset River Estates, Beckwith Road & Abner Lane, Engineering Review.

(10) Original letter from Jacobson & Associates to Planning & Zoning Commission dated August 1, 2005 Re The Ridges at Deer Lake - Phase IV, Buell Hill Road, Bond Estimate.
(11) Original letter from Jacobson & Associates to Planning & Zoning Commission dated August 1, 2005 Re Killingworth Kid's Center Day Care, 155 Route 81, Site Plan Review.

(12) Copy of Notice of Public Hearing received from Jackie Cost regarding incorrect name and requested change.

(13) Handwritten request from J. Howard Pfrommer, Jacobson & Associates, dated 8/16/05, asking for a 35 day extension for the Realignment of Alders Bridge Road application.

(14) Letter from Roger Nemergut to Planning & Zoning Commission dated August 16, 2005 Re Bethke Road Ball Field asking for a waiver of the application fee.

5. Old Business
(a) Special Exception No. 204 - Gary Frohlich, Earth Removal, Lot 17 Lower Ledge Subdivision - 48 River Road
Chairman Martens noted this public hearing was continued until September 20, 2005.

(b) Special Exception No. 205 - Cooking Company LLC, 187 Route 81, receipt of application for gourmet take out of prepared foods and limited service - public hearing scheduled for September 6, 2005
Chairman Martens noted this public hearing had been scheduled for September 6, 2005.

(c) Special Exception No. 206 - Town of Killingworth, Municipal Improvement, Realignment of Alders Bridge Road - Presentation on August 16, 2005
Howard Pfrommer with Jacobson & Associates (Town Engineer) introduced himself noting he was representing the Town of Killingworth regarding this roadway municipal infrastructure project to realign Alders Bridge Road where it comes out to Route 81. He briefly reviewed the location of Alders Bridge Road noting the Town would like to close that intersection and reroute Alders Bridge Road to the South coming out on to Route 148. The proposed road would be 24 feet wide and the first 100 feet would be paved. The remainder of the road would be left gravel. The work would be performed by Town forces. Eventually the Town wants to improve Alders Bridge Road from this section to about 700 feet west, but that's not part of this application. Mr. Pfrommer noted they are currently before the Wetlands Commission. He reviewed the storm drainage system. There are no curbs except in the immediate vicinity of the catch basins. Mr. Speicher asked if this would be two way. Mr. Pfrommer replied yes. Mr. Speicher asked about access to the road for the neighbor to the east. Mr. Pfrommer noted the Town is working with that neighbor to decide where that property would connect to Alders Bridge Road. There was a brief discussion regarding the unimproved section of the road. Mr. Adametz noted he was told the radius on the new portion of Alders Bridge Road would not encroach on the frontage of his property. Mr. Pfrommer noted they have contacted the State DOT and were asked to take a look at decreasing the radius so that it would not occur in front of the adjacent property. At the same time they have also told them to be sure they can turn a WD50 vehicle in and out of the road without going into the opposite lane. Mr. Pfrommer noted the two requirements don't work and they are trying to set up a field meeting with DOT to come to a resolution. Right now the radius shows as coming out in front of both the adjacent properties and that issue must be worked through with DOT. There was further discussion regarding the DOT's policy on encroachment adjacent properties. There was discussion about using the existing road that comes out on to Route 81 as a driveway for the Adametz property. Mr. Adametz noted that section of the road was going to be abandoned by the Town. It was noted Mr. Adametz would have to discuss this issue with the Town. Mr. Pfrommer submitted a written request for a 35 day extension in order to go through the Inland Wetlands process and to work out details with the DOT as mentioned above. Motion by Mr. Hayash, second by Mr. Annino, to accept the 35 day extension request dated 8/16/05 for the Alders Bridge Realignment. SO VOTED.

(d) Hammossett River Estates Subdivision Application #298 - 3 Lot Subdivision, Beckwith Road
Chairman Martens noted there is nothing new regarding this application. The applicant was not present.

(e) Amendment to Special Exception #195 Gary Bellard for inclusion of 2 propane tanks at
184 Route 81
Roger Nemergut noted the applicant submitted an application to the Code Official about 10 days and was waiting for a response. The Code Official indicated he would have to research this matter.

6. Zoning Enforcement Officer's Report
Chairman Martens noted the ZEO was on vacation and no report was available.

7. New Business
(a) Special Exception No. 207 - Municipal Improvement, Bethke Road Fields
Roger Nemergut noted he was representing the applicant for the Bethke Road Fields Municipal Improvement. This would be a Little League Practice Field. Part of the application was a waiver request for Sections 120C.5 (Topography within 300 feet of the site) and 120C.9 (Fire Protection). Mr. Nemergut reviewed the chain link fencing on the site which would incorporate a backstop. He reviewed signage, portable toilets, trash cans, etc. He indicated there was no proposal for bleachers, lighting, public address system, dugouts, no physical structures other than fencing and backstop. Mr. Nemergut noted an application had been submitted to the Wetlands Commission and they have indicated there was no impact. The Land Trust has acknowledged that they would proceed with the transfer of this property upon the applicant receiving approvals. There is also correspondence indicating the Board of Selectmen were willing to take the property over. The plan is to create one or more soccer or ball fields to be used as practice fields. Hopefully it could be completed in time for seeding later this year and in operation for next spring. Mr. Hale asked what the oblong items along the base line were. Mr. Nemergut noted they were coaches boxes. They are proposing to bring in temporary benches for the players. It was noted the transfer of property would be for 2 acres and the Land Trust would retain the 7.9 acres.

Chairman Martens noted there was a letter from Mr. Nemergut requesting a waiver of the application fee and Sections 120C.5 (Surrounding Features within 300 feet of each boundary line) and 120C.9 (Fire Protection). Motion by Mr. Annino, second by Mr. Hale, to approve the request of waivers 120C.5, 120C.9 and the fee requirement for Special Exception Application No. 207, Municipal Improvement, Bethke Road Fields. SO VOTED. Motion by Mr. Annino, second by Mr. Hale, to approve the Special Exception Application No. 207 for Little League Practice Ball Field on Bethke Road. SO VOTED.

(b) Lot Line Change, Larry Brown/Charles Caldwell, 302 Route 80
Tom Stevens, Professional Engineer and Land Surveyor, noted he was representing Larry Brown and the Caldwells with regard to a lot line change. The application was to append a triangular portion of land (approx. ¼ acre) to the Caldwells' existing property to provide them access on Buell Hill Road. This would provide them the 200 foot frontage required by Zoning to relocate a portion of their driveway. The intent is to preserve the existing driveway. Mr. Stevens indicated that Don Venuti had talked with Mr. Leighton about relocating the fire tank and it was shown on the plan as suggested by Ms. Jefferson. The proposed fire tank location would then go across the street to the west side of Buell Hill Road. Mr. Lentz asked if this affected any of the cairns. Mr. Stevens replied no. Chairman Martens noted a Certificate of Review was signed by Mr. Leighton with no limitations stated. Motion by Mr. Annino, second by Mr. Hale, to approve the lot line change represented on the map entitled Lot Line Revision Map Record dated 8/1/05 revised 8/16/05. SO VOTED. Motion by Mr. Annino, second by Mr. Hale, to approve the relocation of the fire tank from Lot 39 to Lot 38 as indicated on the Lot Line Revision Map Record dated 8/1/05, revised 8/16/05 to represent the correct "N"arrow. SO VOTED.

8. Report of Officers and Subcommittees
Chairman Martens noted he received a letter from the Charter Revision Commission requesting he attend an October 19th meeting of that Commission at the Town Hall at 7:00 PM. He urged any other members to also attend that meeting. Chairman Martens reviewed the topics and concerns that the Commission will be covering. Mr. Lentz noted the only item of concern he saw was the possible splitting of the Commission into separate Planning and Zoning Commissions. He indicated this is done usually by large towns where the work load is so great that two commissions are needed. It should be made clear that the Planning & Zoning Commission remain as one commission. Chairman Martens reviewed a portion of a recent NEMO meeting where Jim Gibbons had indicated he thought it would be better to keep Planning & Zoning as one unit in the Town of Killingworth, but possibly more time could be spent on Planning.

Mr. Annino asked if an update could be given at the next meeting regarding as to whether or not the school's engineer has confirmed that all P&Z conditions of approval were included in the bid package and identified where those were in the bid package.

9. Adjournment
There being no further business, the meeting adjourned at 9:23 PM.

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Minutes of the Regular Meeting 874 of the Killingworth Planning and Zoning Commission Tuesday, August 2, 2005 at the Killingworth Town Office Building

It is noted for the record that a public hearing was held for Special Exception Application #203 submitted by Cindy Zajac & Erin Terenzio for Special Principal Use, Commercial District for Day Care Center located at 155 Route 81, Killingworth, Connecticut.

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

1. Call to Order
C. Martens called the regular meeting to order at 7:54 PM immediately following the above noted public hearing.

2. Minutes of Regular Meeting No. 873 Held July 19, 2005
Motion by Mr. Speicher, second by Mr. Lentz, to approve the July 19, 2005 Minutes
• Page 2, 2nd paragraph, 7th sentence, change "effect" to "affect" and last sentence change "effected" to "affected".
• Page 3, 6(c), correct 1st sentence to read "...Cease & Desist Order was issued by IWWC to Region 17...".
SO VOTED.

4. Communications and Bills
(1) Memo from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission, dated July 23, 2005, Re Killingworth Kid's Day Care Center, Fire Protection Review-Approval.

(2) Memo from R. E. Leighton, Code Official, to Killingworth Planning & Zoning Commission, dated July 23, 2005, Re Killingworth Kid's Center Day Care, Sanitarian Review and Conditional Approval.

(3) Legal Notice Publication and Affidavit of Publication for Killingworth Kid's Center Day Care for Notice of Public Hearing.

(4) Fax from N. L. Jacobson & Associates, Inc. to Planning & Zoning Commission, dated August 1, 2005, Re Killingworth Kid's Center Day Care, 155 Route 81, Site Plan Review.

(6) Invoice from Technique Printers in the amount of $82.50.
(7) Affidavit of Publication for Notice of Decision for Abner Lane Road Scenic Rural Road designation.

(11) Copy of letter from Cathie S. Jefferson to Jim Foote, Industrial Construction Co., Inc. dated 7/29/05 Re: Planning & Zoning Conditions of Approval.

(12) Copy of memo from Wendy Goodfriend to Cathie Jefferson dated July 21, 2005 Re RSD 17 New Intermediate/Middle School Memorandum of Decision.

(13) Two Memos from R. E. Leighton, Code Official, dated July 23, 2005, to Killingworth Planning & Zoning Commission Re The Cooking Company, LLC, Fire Protection Review - Approval and Sanitarian Review and Conditional Approval.

(14) Fax from N. L. Jacobson & Associates to Planning & Zoning Commission dated August 1, 2005 Re The Ridges at Deer Lake - Phase IV, Buell Hill Road, Bond Estimate.

5. Old Business
(a) Special Exception No. 203 - Killingworth Kids Day Care Center, 155 Route 81
Chairman Martens noted the Commission held and concluded a public hearing for this application prior to this meeting. All the necessary approvals have been received. There are conditions on the sanitarian report. There also are some concerns in the Town Engineer's report that Mr. Nemergut will need to address.

Motion by Mr. O'Brien, second by Mr. Hale, to approve the Killingworth Kids Day Care Center application with the following conditions -

1. Two conditions as stated in the Code Official's Letter dated July 23, 2005 for Sanitarian
Review and Conditional Approval be met,

2. Six comments as stated in the Town Engineer's Letter dated August 1, 2005 for Site
Plan Review shall be addressed, and

(b) Special Exception No. 204 - Gary Frohlich, Earth Removal, Lot 17 Lower Ledge Subdivision - 48 River Road - public hearing scheduled for August 16, 2005
Chairman Martens noted the public hearing for this application is scheduled for Tuesday, August 16, 2005. C. Jefferson noted the Town Engineer is still reviewing the application.

(c) Special Exception No. 205 - Cooking Company LLC, 187 Route 81, receipt of application for gourmet take out of prepared foods and limited service - public hearing scheduled for September 6, 2005

Chairman Martens noted this public hearing is scheduled for Tuesday, September 6, 2005.

(d) Special Exception No. 206 - Town of Killingworth, Municipal Improvement, Realignment of Alders Bridge Road - Presentation on August 16, 2005

Chairman Martens noted Howard Pfrommer, Town Engineer, will be doing a presentation on August 16, 2005. C. Jefferson noted the Town Engineer's office asked if there was any interest in doing a site walk before the presentation. It was felt a site walk was not necessary.

6. Zoning Enforcement Officer's Report
(a) C. Jefferson gave an update on the cairn situation at The Ridges at Deer Lake. Nothing has been done with regard to the cairns in the cul-de-sac. There is a meeting tomorrow morning (August 3rd) at 8:30 AM with Nick Bellantoni, Joe Dillon, Larry Brown and the Venutis to decide what to do with these cairns. Larry Brown has indicated they will not redesign the whole road to go around them. There will be discussion as to the disposition of these cairns tomorrow morning. Chairman Martens noted the cairn in the middle of the cul-de-sac will stay. He also noted Nick Bellantoni has the final say in this matter. C. Jefferson noted Larry Brown is planning on coming to the next meeting with copies of the deed restrictions and the final plans for the cairns.

(b) C. Jefferson noted the IWWC had the Show Cause Hearing for RSD 17 Vortechnics installation on Tuesday of last week. A meeting of the IWWC was then held on Thursday at which the IWWC voted to uphold the Cease & Desist Order.

(d) With regard to the new garage on Route 148, the property owner's survey shows that it is off about 14 feet from the property line. C. Jefferson noted the property line was 25 feet off the edge of pavement which is unusual. The property owner may apply to ZBA for a variance.

7. New Business
(a) Hammonassett River Estates Subdivision Application #298 - 3 Lot Subdivision, Beckwith Road

Pat Benjamin, Bascom & Benjamin Engineers, introduced himself. He noted he was a professional engineer representing Hammonasett River Estates. Jay Beradino and his attorney were also present. The applicant has applied for a permit to subdivide 17.9 acres into 3 residential lots. Mr. Benjamin noted there is an existing house, well and septic system on the property. There are numerous wood roads throughout the property. There is also an existing barn and two garages. He reviewed existing wetlands. Mr. Benjamin noted the applicant is proposing a private road. Lot 1 would have frontage on Beckwith Road (630 feet). Lot 2 would have 200 feet of frontage on the private road. Lot 3 would have frontage on Beckwith Road also. Lot 1 is 4.08 acres, Lot 2 is 7.54 acres and Lot 3 is 5.55 acres. The net buildable area for Lot 1 is 2.17, Lot 2 is 5.65 and Lot 3 is 3.47. Chairman Martens reviewed the subject of legal frontage when a lot has frontage on two roads. It was noted a lot line change will be requested for Lot 3 in order to have 4 acres and meet the legal frontage requirements. Mr. Benjamin noted the only thing they are doing to the road is adding 8 feet to the inlet of the existing culvert. There is also going to be a 100 foot conservation easement around the vernal pool area. A site walk was scheduled for Tuesday, August 9, 2005 at 5:00 PM.

(b) Amendment to Special Exception #195 Gary Bellard for inclusion of 2 propane tanks at
184 Route 81

C. Jefferson noted the Commission needs to decide whether this can be considered an amendment to the original special exception or should it be a separate special exception by itself. Roger Nemergut noted the applicant filed a modification to Special Exception #195 issued last December. Mr. Nemergut indicated the applicant is requesting permission to add two propane tanks for the businesses. Chairman Martens asked what currently existed. Mr. Nemergut noted there was one tank now that services the Chinese Restaurant. It was noted the regulations state the maximum single tank size was 1,000 gallons. Chairman Martens suggested this subject be referred to Richard Leighton, Code Official, having to do with the fire hazards and codes, etc. Once comments are received from Mr. Leighton, Planning & Zoning can then make a judgment.

(c) Landscaping business at Route 81/Chittenden Road
T. Lentz noted this property is full of dumpsters. C. Jefferson noted she received a complaint about parking across the street. C. Jefferson noted she will contact the property owner.

(d) The issue of having traffic studies done when certain applications come in was discussed. Chairman Martens noted that when an application comes in with heavy traffic usage it was certainly a possibility to ask for a traffic study.

8. Report of Officers and Subcommittees
Bond Committee Chairman Speicher reviewed the letter from N. L. Jacobson & Associates regarding the bond estimate for The Ridges at Deer Lake-Phase IV-Buell Hill Road, dated August 1, 2005. Motion by Speicher, second by Hale, to approve The Ridges at Deer Lake, Phase IV Performance Bond in the amount of $220,500 and Erosion Control Bond in the amount of $9,100 as recommended by N. L. Jacobson & Associates letter dated August 1, 2005. SO VOTED.

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

Minutes of the Regular Meeting 873 of the Killingworth Planning and Zoning Commission Tuesday, July 19, 2005 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)

2. Minutes of Regular Meeting No. 872 Held July 5, 2005
Motion by Mr. Annino, second by Mr. Speicher, to approve the July 5, 2005 Minutes as written. SO VOTED.

3. Visitors
Mike Reznick noted he was before the Commission for a lot line revision between Lots 27 and 28, Fox Run Lane. He then explained that after the lot was sold they determined the turnaround for the driveway for Lot 27 was 5 feet into the abutting lot 28 which Mr. Reznick owns. His proposal was to take 1600 square feet away from Lot 28 and give it to Lot 27 and take 1600 square feet away from Lot 27 and give to Lot 28. Commission members reviewed the map of where the swap was going to take place. Mr. Speicher noted this was a good resolution. Motion by Mr. O'Brien, second by Mr. Speicher, to put Fox Run Lane Lot Line Revision on the agenda under New Business. SO VOTED. It was noted Mr. Reznick would bring the mylars into C. Jefferson for signing and then he would file them on the land records.

Doug Harris, Deputy Tribal Historic Preservation Officer of the Narragansett Indian Tribe introduced himself. He submitted a letter from the Narragansett Indian Tribal Historic Preservation Office dated July 19, 2005 to the Killingworth Planning & Zoning Commission. Mr. Harris asked if Commission members had a chance to review the entire Phase II Archeological Report. He indicated the Federally Recognized Indian Tribe was concerned because they were not notified of the KP&ZC meeting where it discussed recommendations of the report and appears to have given go ahead for road work to begin. Vice Chairman Lentz noted it is not the responsibility of the Commission to notify everybody except where specified in the regulations. Anyone interested is welcome to get a copy of the agenda and attend any meeting. Mr. Harris reviewed Section 7.11 of the Regulations having to do with Historical and Archeological Features Preservation Plan. He indicated that to his understanding such a plan had not been put forth and if so, a component of that would be a communication plan with the Indian Tribe that has knowledge about what is and isn't significant. The Tribe is very much concerned that road work is going on and that cairns have been destroyed. Vice Chairman Lentz noted there is a plan and there are four categories of how the cairns will be dealt with. Mr. Harris noted he would ask those people who participated in determination of what was significant, and less significant, of how many of them have any idea of the spiritual significance and by what criteria was that determination made. Did they consult with parties who might have that knowledge? Vice Chairman Lentz noted Mr. Harris should consult with Nick Bellantoni about those issues. Mr. Annino noted that he thought all parties participated in the development of that plan and that if that had not taken place, that is a separate issue that has nothing to do with the regulatory responsibility of this body. He also added that when the Commission gave approvals to move forward with certain aspects of the project, it was not complete freedom to complete the site development, but only the road development. Mr. Annino felt the Commission had covered all the bases that were agreed to in the original approval. Vice Chairman Lentz reiterated that Mr. Harris should work with Mr. Bellantoni if he has some concerns about specific cairns and if necessary, Mr. Bellantoni should send the Commission another report. The Commission is not in a position to judge the individual cairns. Mr. Speicher noted the Commission puts its faith in Mr. Bellantoni as he is the professional that the Commission must rely on. Vice Chairman Lentz noted the Town Engineer and C. Jefferson will monitor things as they proceed and the Commission was assured that the road would not destroy any cairns. Mr. Harris asked if he could go on the site tomorrow and look to see if any of the cairns have been destroyed. It was noted Mr. Harris would have to have the permission of the property owner to do that. Vice Chairman Lentz noted the Commission is very concerned about preserving those cairns and will assure that the plan is adhered to. Mr. Harris was given the name and phone number of the property owner and noted he would contact that individual to see if he could visit the property.

Terry McDermott introduced himself. He noted the plan just categorized the cairns and did not contain an action plan for the road. He further noted the regulations say an action plan is necessary when unusual features are found. Vice Chairman Lentz noted each of the four categories was a plan. He indicated that to the Commission's knowledge there weren't any cairns in the road. Mr. Annino asked if the specific cairns identified by Mr. Harris were gone. He indicated the plan as it was laid out did not effect any of those cairns except those specifically identified on the plan as being protected. Therefore, the Commission approved a road that would not affect cairns identified in that report. Beyond that, the Commission did not approve anything else. Vice Chairman Lentz briefly reviewed the plan and noted some cairns categorized as an acceptable impact category can be effected by development.

Karen McDermott introduced herself. She reviewed some of the specific cairns that were identified as being in the road. Vice Chairman Lentz noted there were 10 remaining cairns in Category 4 that may be affected by the proposal and that a plan is to be submitted to the Commission having to do with those cairns.

4. Communications and Bills
(1) Letter from Narragansett Indian Tribal Historic Preservation Office dated July 19, 2005 Re Ridges at Deer Lake Archaeological Report and Determinations.

(3) Original letter from Crosby and Cronan, LLC dated July 1, 2005 Re Pharmedica Buildings.

(4) State of Connecticut DEP letter to State of Connecticut DOT dated June 27, 2005 Re General Permit for Utilities and Drainage for captioned Drainage Maintenance Plan.
(5) "Smart Growth" Seminar Registration Form for September 16, 2005 sponsored by several groups.

(6) Letter from Town of Westbrook Zoning to Killingworth Town Clerk dated July 8, 2005 Re Proposed Amendments to Westbrook Zoning Regulations.

(7) Copy of Killingworth Inland Wetlands Commission Cease & Desist to Region #17 dated 7/15/05.

(8) Legal Notice of Publication for notice of decision for designation of Abner Lane Road as Scenic Rural Road.

(9) Letter to James Ward from John DeCastro, Connecticut DOT, dated July 5, 2005 Re Relocation Alders Bridge Road.

5. Old Business
(a) Special Exception No. 203 - Killingworth Kids Day Care Center, 155 Route 81 - public hearing scheduled for August 2, 2005
Vice Chairman Lentz noted a public hearing was scheduled for this application on Tuesday, August 2, 2005, the Killingworth Town Office Building, 323 Route 81, Killingworth at 7:30 PM.

(b) Special Exception No. 204 - Gary Frohlich, Earth Removal, Lot 17 Lower Ledge Subdivision - 48 River Road - public hearing scheduled for August 16, 2005
Vice Chairman Lentz noted a public hearing was scheduled for this application on August 16, 2005 at the Killingworth Town Office Building, 323 Route 81, Killingworth, at 7:30 PM. C. Jefferson noted she was slowly receiving the missing application information.

6. Zoning Enforcement Officer's Report
(a) C. Jefferson noted the Municipal Improvement Application came in today and the Commission has only 35 days to act. The engineers presenting this application are only available on August 16, 2005. This will be put on the August 16, 2005 Agenda.

(b) C. Jefferson reviewed the garage being put in on Route 148 that was very close to the road. The property owner is contacting a surveyor and will then probably apply to the Zoning Board of Appeals for a variance. It seems the property owner was confused between the setback line, boundary line and pavement line and a mistake was made.

(c) C. Jefferson noted a Cease & Desist Order was issued to Region 17 for the new Middle School regarding the Vortechnics Particle Separator. She indicated there will be a hearing for the Inland Wetlands Commission next Tuesday to review this situation. Ms. Jefferson noted the Cease & Desist Order only applies to the installation of the particle separator and not the whole school project. There was discussion regarding conditions of approval. Ms. Jefferson noted the plans submitted to Planning & Zoning were revised to show a Vortechnics Unit which was a condition of approval from the Inland Wetlands Commission. It did not, however, get followed through in the bid process and the bid documents said a Vortechnics or downstream defender. Ms. Jefferson noted the Town Engineer has reviewed this and will not recommend a change from the Vortechnics Unit to a downstream defender. Mr. O'Brien noted it would be within the Planning & Zoning's rights to have the school's engineer to confirm that all the P&Z conditions of approval were included in the bid package and identify where these are in the bid package.

(d) C. Jefferson noted she would contact Larry Brown regarding the cairns. Mr. Brown had already met with Tom Stevens to identify the cairns they were going to protect, but there were a couple that could not be protected because they fell right in the cul-de-sac. Their attorney is also working on the easements that will be placed on all the lots. C. Jefferson will contact the Town Engineers to see how often they are checking on the cairns.

7. New Business
(a) Special Exception No. 205 - Cooking Company LLC, 187 Route 81, receipt of application for gourmet take out of prepared foods and limited service
C. Jefferson noted there would be no new construction. This application was a similar type take out to Moongate Foods. The applicant was contemplating doing a sit down, but is currently still talking with Mr. Leighton, Code Official, regarding this matter. A public hearing was scheduled for September 6, 2005.

(b) Special Exception No. 206 - Town of Killingworth, Municipal Improvement, Realignment of Alders Bridge Road
There will be a presentation of this application on August 16, 2005.

(c) Lot Line Revision, Lots 27 and 28, Fox Run Lane
Vice Chairman Lentz noted this seemed pretty straight forward as explained earlier in the meeting by Mr. Reznick. Motion by Mr. O'Brien, second by Mr. Speicher, to accept the Lot Line Revision for Lots 27 and 28, Fox Run Lane, as presented. SO VOTED.

8. Report of Officers and Subcommittees
There was a very brief discussion regarding the Phase II Archeological Report and Maps having to do with The Ridges at Deer Lake. C. Jefferson noted the report will be available in her office for review. Anyone wishing to have a copy may request such copy but there will be a charge because of the extent of the report and maps.

9. Adjournment
There being no further business, the meeting adjourned at 8:35 PM.

Minutes of the Regular Meeting 872 of the Killingworth Planning and Zoning Commission Tuesday, July 5, 2005 at the Killingworth Town Office Building

It is noted for the record a public hearing was held for a Scenic Rural Road Petition to designate Abner Lane Road from Beckwith Road at Route 148 to North Chestnut Hill Road as a scenic rural road.

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 7:45 PM immediately following the public hearing noted above.

2. Minutes of Regular Meeting No. 871 Held June 21, 2005
Motion by Mr. Annino, second by Mr. O'Brien, to approve the June 21, 2005 Minutes as written. SO VOTED.

3. Visitors
(a) Don Carlson, Anderson Property, Route 81
Don Carlson introduced himself. He noted they would like to take parcel A as a free split but they were using it as one of the front lots towards the rear lot ratio. They reworked Lot 2 so it has 150 feet of frontage on the cul-de-sac. It would still be an 11 acre lot with 7.76 net buildable area. Mr. Carlson noted the reason for doing the free split now was because they can't do soil testing until February. They would take the free split now and do a 5 lot subdivision later. Commission members didn't see any objection to doing that. Mr. Carlson noted the road would remain the same.

(b) Larry Brown, Deer Lake
Larry Brown noted he would like to get started on the road for Deer Lake. He had copies of the letter from Nick Bellantoni and the SEC Bond Estimate. Chairman Martens noted this will be taken up under Old Business.

4. Communications and Bills
(1) Copy of Notice of Public Hearing from South Central Connecticut Regional Water District to consider the Regional Water Authority's application for approval of a project to renovate the Lake Saltonstall Water Treatment Plant on July 21, 2005.

(3) Copy of Inland Wetlands & Watercourses Commission Minutes from June 14, 2005.

(4) Copy of Memo to First Selectman David Denvir dated June 19, 2005 from R. E. Leighton, Code Official, Re Request for Fee Reimbursement, 140 Little City Road.

(5) Copy of Memo to First Selectman David Denvir dated June 19, 2005 from R. E. Leighton, Code Official, Re Request for Fee Reimbursement, 56 Wolf Hollow Road.

(6) Copy of letter to Edward & Cynthia Sampson dated June 24, 2005 from R. E. Leighton, Code Official, Re Bedroom Determination.

(7) Letter from National Lumber, Inc. (William Ryan?) dated July 1, 2005 Re Parkside Resubdivision, Patrick Drive, to Cathie Jefferson requesting two 90 days extensions for filing of mylars.

(8) Memo from John Himmelman, IWWC Vice Chairman, dated June 28, 2005, to P & Z Re Killingworth Kids for Day Care.

(9) Copy of Certificate of Review, Property Lot Line Revision, from R. E. Leighton, Building Official, dated 6/11/05 Re Mary Hotchkiss, 160 Cow Hill Road.

(10) Copy of letter from Nicholas F. Bellantoni, PhD, State Archeologist, to Robert Scott dated July 5, 2005 Re Deer Lake II Subdivision, Phase II Archaeological Survey.

(11) Original letter from N. L. Jacobson & Associates to Planning & Zoning Commission dated July 1, 2005, Re The Ridges at Deer Lake, Phase III, Buell Hill Road & Beaver Dam Road, Bond Estimates.

5. Old Business
(a) Scenic Rural Road Petition to designate Abner Lane Road from Beckwith Road at Route 148 to North Chestnut Hill Road as a scenic rural road.

Chairman Martens noted the petition has been deemed legal and a public hearing was held. He referenced Section 3E of the Ordinance indicating that if there is no evidence contrary to designation then it is the responsibility of the Commission to designate it a scenic rural road stating the reasons for such designation. Mr. Speicher noted this is probably the first time a road has actually met every criteria for designation and no one spoke against it. Motion by Mr. Lentz, second by Mr. Annino, to designate Abner Lane Road from Beckwith Road at Route 148 to North Chestnut Hill Road as a scenic rural road based on the following 12 characteristics of the road as listed in the petition -
1. Abner Lane Road, from Beckwith Road at Route 148 to North Chestnut Hill Road,
is an unapproved road;

2. The area served by that portion of the road is rural in character and is an area of
great natural beauty;

3. In its present condition, that portion of Abner Lane Road serves the abutting property
owners while enhancing the beauty of a sparsely developed portion of Killingworth;

4. There is no commercial development along the road and the abutting property is
zoned for residential use;

(b) Lot Line Change - Mary Hotchkiss, 160 Cow Hill Road
Roger Nemergut briefly reviewed this property which is at the town line of Clinton/Killingworth and which was discussed at the last meeting. The last remaining item to be received was the Code Official's Lot Line Review that has now been received. Mr. Nemergut noted there was a question at the last meeting as to whether in the future an additional lot could be created in Killingworth. He indicated the applicant has no intention to do that but nobody can predict the future. Mr. Nemergut noted he discussed this issue with C. Jefferson and came to the conclusion that a conforming building lot could not be created because it would lack the required net buildable area. Chairman Martens noted this was pretty thoroughly discussed at the last meeting and the Lot Line Review approval has been received from the Code Official. Motion by Mr. Speicher, second by Mr. Hale, to approve the Lot Line Change for Mary Hotchkiss, 160 Cow Hill Road, per Arthur Barden Land Surveyor map dated May 27, 2005 revised June 9, 2005. SO VOTED.

(c) Special Exception No. 203 - Killingworth Kids Day Care Center, 155 Route 81 - public hearing scheduled for August 2, 2005

Chairman Martens noted this public hearing has been scheduled for August 2, 2005.

(d) Special Exception No. 204 - Gary Frohlich, Earth Removal, Lot 17 Lower Ledge Subdivision - 48 River Road - public hearing scheduled for August 16, 2005

Chairman Martens noted this public hearing has been scheduled for August 16, 2005. He asked Ms. Jefferson if she received any additional application information since the last meeting. Ms. Jefferson noted she spoke with the applicant's office outlining the information lacking, but has not received anything yet. She noted the application fee has not been received.

(e) The Ridges at Deer Lake, Phase III and IV
Chairman Martens reviewed the Memorandums of Decision for The Ridges at Deer Lake, Phase III and IV. He noted he has reviewed the Phase II Archeological Survey as well as Tom Lentz who will explain the survey. Mr. Lentz proceeded to review the letter from Nick Bellantoni, State Archeologist dated July 5, 2005. He noted they have mapped and identified about 400 stone structures putting them into four categories of preservation. The first category is 136 in Open Space. The second category was 158 identified within designed house lots, but based on the plans they shouldn't be affected by building. It was recommended these lots have covenants describing locations and significance of the stone piles. The third category was 60 stone piles deemed to be not significant and presumably can be destroyed if need be. The fourth category was 27 stone piles that are of cultural significance and should be avoided. Seventeen will be avoided by the current plan if strictly observed, leaving 10 that may be threatened. It is recommended they avoid these features working on a lot-by-lot basis to consider all possibilities to preserve them in place. There should be a plan to preserve these remaining 10 stone piles. Mr. Lentz noted in summary, that the current subdivision plans will preserve 311 stone piles, with flexibility to preserve the remaining 10 significant features on a lot-by-lot basis. Mr. Speicher noted the reference to "working on a lot-by-lot basis" would indicate to him that they are on a lot and not on a road. Mr. Annino noted he was more concerned with the 158 stone piles because that was based on a hypothetical location of the house and septic on each one of those lots. There was discussion about posting the E&S Bond. C. Jefferson noted they would be working on the road and the lots won't be done for awhile. Chairman Martens noted the Commission would need a plan from the applicant's attorney addressing the concerns of the state archeologist. He indicated the remaining 10 stone features identified in Note #4 would have to be identified and a plan set up to take care of them. Motion by Mr. Annino, second by Mr. Hale, to authorize the owners to proceed with the road construction of Phase III and IV only. SO VOTED. It was reiterated the Commission needs a plan to protect the 10 cairns mentioned in the report, covenants with the deeds, etc. and that C. Jefferson will work with the owner's attorney regarding the covenants and submission of a plan to address concerns. Don Venuti noted that he believes the significant cairns won't be affected by the road construction.

6. Zoning Enforcement Officer's Report
(a) C. Jefferson distributed the June permit log.

(b) C. Jefferson distributed and reviewed a sample fee schedule from the Town of Chester based on the amount of the scope of the project.

(c) Mr. Annino asked about the house on Route 148 that filled in the back yard. C. Jefferson noted the property owner received a notice of violations from the Wetlands Commission. The property owner will be attending the next meeting.

7. New Business
(a) Patrick Drive
Roger Nemergut noted there is a 90 day requirement for filing the mylar and things are not in order yet. There was an agreement with the neighbor for use of the driveway and it seems there is a question about the line. The neighbor has asked that the line be shifted into the Land Trust property so that the stone wall could be the property line. It would amount to about ¾ acre. Mr. Nemergut suggested the neighbor talk with the Land Trust and then if they agreed, a lot line change would be necessary. Motion by Mr. Speicher, second by Mr. Annino, to grant the request to extend mylar filing requirement for Parkside Resubdivision (property of Fasulo) for 180 days (2 extensions). SO VOTED. Mr. Nemergut asked what the proper procedure would be if the Land Trust agreed to the lot line change. Chairman Martens noted an application for a Lot Line Change would be required at that time.

8. Report of Officers and Subcommittees
Chairman Martens reviewed the letter from N. L. Jacobson & Associates dated July 1, 2005 Re The Ridges at Deer Lake, Phase III, Buell Hill Road & Beaver Dam Road, Bond Estimates. Motion by Mr. Speicher, second by Mr. Hale, to set the Performance Bond for The Ridges at Deer Lake, Buell Hill Road & Beaver Dam Road, at $1,166,600 and an Erosion Control Bond in the amount of $25,400 as recommended by the Town Engineer. SO VOTED.

December minutes will be updated when available

Minutes of the Regular Meeting 880 of the Killingworth Planning and Zoning Commission Tuesday, November 15, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 879 of the Killingworth Planning and Zoning Commission Tuesday, October 18, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 878 of the Killingworth Planning and Zoning Commission Tuesday, October 4, 2005 at the Killingworth Town Office Building

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Minutes of the Regular Meeting 877 of the Killingworth Planning and Zoning Commission Tuesday, September 20, 2005 at the Killingworth Town Office Building

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Minutes of the Regular Meeting 876 of the Killingworth Planning and Zoning Commission Tuesday, September 6, 2005 at the Killingworth Town Office Building

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Minutes of the Regular Meeting 875 of the Killingworth Planning and Zoning Commission Tuesday, August 16, 2005 at the Killingworth Town Office Building

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Minutes of the Regular Meeting 874 of the Killingworth Planning and Zoning Commission Tuesday, August 2, 2005 at the Killingworth Town Office Building

It is noted for the record that a public hearing was held for Special Exception Application #203 submitted by Cindy Zajac & Erin Terenzio for Special Principal Use, Commercial District for Day Care Center located at 155 Route 81, Killingworth, Connecticut.

Minutes of the Regular Meeting 873 of the Killingworth Planning and Zoning Commission Tuesday, July 19, 2005 at the Killingworth Town Office Building

Minutes of the Regular Meeting 872 of the Killingworth Planning and Zoning Commission Tuesday, July 5, 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

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