Tuesday, December 9, 2008

2008-12-03 BETHANY PLANNING AND ZONING COMMISSION

The meeting is scheduled to begin at 7:30 p.m. with the following agenda:
1) Review and approval of previous meeting(s) minutes.
2) Correspondence and bills and appropriate commission action.
3) Enforcement Officer’s report and appropriate commission action.
4) NEW BUSINESS
The following are items either being submitted to the Commission for formal receipt and appropriate action or discussion with the Commission.

1.) NAME OF APPLICANT Marc D’Andrea

APPLICATION # 2008-035

APPLICATION FOR Site Plan Modification – Locate Storage Shed (18’ x 30’)

LOCATION 161 Falls Road

2.) NAME OF APPLICANT Gina McCaffrey

APPLICATION # 2008-036

APPLICATION FOR Change of Business Use (The Learning Collaborative & The Graduate Institute)

LOCATION 171 Amity Road

5) OLD BUSINESS
Business scheduled by the Commission that has previously been before the Commission and is either to be
acted on, updated, discussed or schedule a public hearing date.
1.) 78 Schaffer Road, Application #2008-030 (Comm. Recd. 11/5/08-65 Days Up 1/9/09)
Paul C. Crotta III, Administrative Earth Removal, Excavation, Filling, Stockpiling & Grading

2.) 11 Emerald Lane, Application #2008-031 (Comm. Recd. 11/5/08-65 Days Up 1/9/09)
Paul C. Crotta III, Administrative Earth Removal, Excavation, Filling, Stockpiling & Grading

3.) 21 Emerald Lane, Application #2008-032 (Comm. Recd. 11/5/08-65 Days Up 1/9/09)
Paul C. Crotta III, Administrative Earth Removal, Excavation, Filling, Stockpiling & Grading

4.) 31 Emerald Lane, Application #2008-033 (Comm. Recd. 11/5/08-65 Days Up 1/9/09)
Paul C. Crotta III, Administrative Earth Removal, Excavation, Filling, Stockpiling & Grading

5.) 41 Emerald Lane, Application #2008-034 (Comm. Recd. 11/5/08-65 Days Up 1/9/09)
Paul C. Crotta III, Administrative Earth Removal, Excavation, Filling, Stockpiling & Grading

6.) Town Plan of Conservation and Development – General discussion and possible action

7.) Discuss Architectural Reviews – Forwarded to Board of Selectmen

8.) Proposed Town of Bethany Noise Control Ordinance – Forwarded to Town Attorney

9.) Ordinance Establishing Citation Procedures and Fines for Zoning Violations – Forwarded to Board
of Selectmen

10.) Update on Halter Estates

6) OTHER BUSINESS
7) ADJOURNMENT

Monday, December 1, 2008

2008-11-24 INLAND WETLANDS COMMISSION - NOTICE OF A SPECIAL MEETING

November 24, 2008



NOTICE OF A SPECIAL MEETING OF THE BETHANY INLAND WETLANDS COMMISSION ON MONDAY, DECEMBER 1, 2008

Notice is hereby given of a Special Meeting to be held by the Bethany Inland Wetlands Commission on Wednesday, December 1, 2008, at 7:00 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, with the following agenda:

Inland Wetlands Regulation Review.
Discussion pertaining to “Illicit Discharge and Connection Stormwater Regulation (Ordinance)” and “Post-Construction Stormwater Regulation (Ordinance)”.

Respectfully submitted,



Antonia R. Marek, Clerk
For the Planning and Zoning Commission

2008-11-24 Board of Selectmen

Attendance: First Selectwoman Derrylyn Gorski, Selectman Walter Briggs, Selectman Steven Thornquist

Visitors: Attorney Kevin McSherry, John Lish, Rhani Mehta, Randy Raddatz, Rhoda Geogheghan, Patrick Geogheghan, Randy Raddatz, Arnold Riley

First Selectwoman Gorski called the meeting to order at 7:36 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was check signing. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.

APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of October 27, 2008. The motion of approval was moved by Selectman Thornquist and seconded by First Selectwoman Gorski. The motion was called. The vote was two yes for approval as submitted. Selectman Briggs abstained from voting as he was absent from that meeting.

SET DATE FOR SPECIAL TOWN MEETING
First Selectwoman Gorski announced that no date would be set at this time for a special Town Meeting. Matters pending can wait until after the holidays when a date will be set.

APPOINTMENT TO SENIOR HOUSING COMMITTEE
Selectman Thornquist moved to appoint Meghan Carbone as a member of the Senior Housing Committee. Selectman Briggs seconded the motion. The vote taken was unanimous.

UPDATE CRRA
First Selectwoman Gorski gave the Selectmen an update on her meetings with CRRA and the contract extension negotiated with them by First Selectwoman Gorski, for the Town of Bethany, for a five and one half year period. The first year of the contract will cost the Town $63.00 per ton for disposal. Presently we are paying $80.00 per ton. This re-negotiation will save the Town approximately $30,000 next fiscal year for trash disposal.

ADDITION TO AGENDA
First Selectwoman Gorski called for a motion to add Tax Refunds to the agenda of this meeting. The motion was moved by Selectman Thornquist and seconded by Selectman Briggs. The vote taken was unanimous.

TAX REFUND
Selectman Briggs moved to refund to Joseph Frouge the sum of $57.21, to Marc Pantalone the sum of $362.73, to Toyota Motor Credit the sum of $259.89 and to VW Credit the sum of $413.51 all for overpayment of taxes. Selectman Thornquist seconded the motion. The vote taken was unanimous.



ROAD APPROVAL MESA DRIVE AND WEST VIEW DRIVE
A letter from Paul Crotta, to the Board of Selectmen, is requesting release of final Road Bond and acceptance of Mesa Drive and West View Drive by the Town of Bethany. Correspondence received by the Selectmen from Isabel Kearns indicates that both roads have been inspected by the engineers, Alan Green, Road Foreman and Isabel Kearns and all are recommending Town acceptance. Selectman Thornquist moved to accept Mesa Drive and West View Drive and release all bonds being held by the Town. Selectman Briggs seconded the motion. The vote taken was unanimous.


LATICRETE INTERNATIONAL NOISE PROBLEM
Patrick Geogheghan, representing the residents of Bethridge Road, was again at the meeting to give the Selectmen an update on the noise problem at Laticrete International, and to see what progress is being made by the Selectmen with this problem. Geogheghan was questioning whether this noise is acceptable by DEP, for operation within a BI zone that abuts a residential area. Randy Radditz believes it is not, as he has been in touch with Yale and their interpretation is only a whisper in a library, or the rustle of leaves is acceptable. First Selectwoman Gorski has been in touch with Jim Bolden, Plant Manager about this matter and indicated that any correspondence from the concerned residents should be given to her and she would turn it over to Laticrete International. First Selectwoman Gorski also suggested that Mr. Geogheghan set up a committee of about three residents from that area to meet with Laticrete.

ADJOURNMENT
Adjournment was called at 8:30 p.m. after a motion was moved by Selectman Briggs and seconded by Selectman Thornquist. The vote taken was unanimous.


Respectfully submitted,


June G. Riley
Secretary, Board of Selectmen

2008-11-17 Inland Wetlands Commission

The regular meeting of the Inland Wetlands Commission was called to order at 7:41 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following members of the Commission were present:
Patricia McGregor, Chairman
Alexandra Breslin, Vice-Chairman
Jack Ellison, Member
John Kane, Member
Jon Painter, Member

Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer


APPROVAL OF MINUTES

1. It was moved by Kane and seconded by Breslin to approve, as submitted, the minutes of the October 20, 2008, Regular Meeting.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Nafis & Young dated October 28, 2008, Re: Report from site visit on October 28, 2008 to 268, 270 and 282 Wooding Hill Road.
2. Letter from Isabel Kearns, IWEO, to Daniel Cusano of 185 Beacon Road, dated October 21, 2008, Re: Notice of Violation at 185 Beacon Road.
3. Letter from Clarke & Pearson dated October 10, 2008, Re: 48 Clay Road, proposed house and garage.
4. Letter from Isabel Kearns, IWEO, to Kathy Consoli of 234 Amity Road, dated October 24, 2008, Re: 234 Amity Road, Site Grading near wetlands.
5. Letter from Kathy Consoli of 234 Amity Road, dated October 27, 2008, Re: Apology pertaining to site grading on property at 234 Amity Road. The Commission would like Kathy Consoli to submit an application for an Inland Wetlands Permit for the site work.
6. Letter from Isabel Kearns, IWEO, to John Kaluzynski of 204 Falls Road, dated October 28, 2008, Re: Sedimentation and erosion from driveway at 204 Falls Road. Working with Al Green.
7. Letter from State of Connecticut, Department of Environmental Protection, dated October 14, 2008, Re: 2008 Legislation and Regulations Advisory. The Commission scheduled a Special Meeting for Monday, December 1, 2008, at 7:00 p.m. to discuss the new legislation.


PUBLICATIONS AND WORKSHOPS

1. Pipeline Awareness, Safety Information for Public Officials, Fall 2008.



NEW BUSINESS

1. Discussion with Larry Secor of Nafis & Young regarding implementation of Illicit Discharge Ordinance. – Present for this discussion was Larry Secor of Nafis & Young. Mr. Secor distributed to the Commission members a copy of a proposed Bethany Inland Wetlands and Watercourses Application for Stormwater Management Plan Review. Mr. Secor reviewed the application and asked the Commission to review and consider the proposed application in relation to the following ordinances passed by the Town of Bethany:
· Illicit Discharge and Connection Stormwater Regulation (Ordinance)
· Post-Construction Stormwater Regulation (Ordinance)

The Commission scheduled a Special Meeting for Monday, December 1, 2008, at 7:00 p.m. to discuss these ordinances.

2. 33 Old Amity Road, Application #1115 submitted by Joseph Dellaselva (Nino Performance) for an Inland Wetlands Permit to construct an automobile service center - Present for this application was John Paul Garcia, P.E. L.S., representing the applicant. The Commission received the application. Mr. Garcia reviewed the proposed construction for an automobile service center. Mr. Garcia submitted with the application the “Site Stormwater Management Plan” dated October 30, 2008. Mr. Garcia stated a lot line revision is required for the placement of the septic system. The Commission scheduled a site visit for Saturday, November 22, 2008, at 8:30 a.m. Commission members to meet at the Teddy B’s parking lot (136 Amity Road). Tabled.


It was moved by Breslin and seconded by Kane to amend the agenda to discuss a proposed application submitted by Marc D’Andrea to locate a storage shed at 161 Falls Road. Mr. D’Andrea stated he would like to store his equipment for his hayfield and fruit trees in the proposed shed. It was determined by the Commission that the use is an agricultural use and a permit is not necessary. The Commission directed the Clerk to prepare the appropriate letter to communicate to the Planning and Zoning Commission that there is no IWC action required due to the agricultural use.


It was moved by Kane and seconded by Breslin to amend the agenda to accept and receive an application submitted by Joseph and Kathleen Gorman for an Inland Wetlands Permit to construct a 30 foot by 30 foot detached garage located at 169 Schaffer Road. Tabled.


OLD BUSINESS

1. North of 861 Litchfield Turnpike, Application #1114 submitted by Town of Bethany for an Inland Wetlands Permit to install one new 36” PVC pipe across Litchfield Turnpike - No one was present for this application. Commission members discussed and proceeded to deliberate. It was moved by Kane and seconded by Ellison to approve Application #1114 submitted by the Town of Bethany for an Inland Wetlands Permit to install one new 36-foot PVC pipe across Litchfield Turnpike in accordance with the submitted plan, untitled, submitted October 10, 2008, with hand-drawn markings prepared by Alan Green, Public Works Director, and with the standard conditions found on the Land Records Volume 93, Page 802 and Page 803.


2. 268 Wooding Hill Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Desist Order issued to Mr. and Mrs. Bruce Hitchcock of 268 Wooding Hill Road, dated October 5, 2007 – See Item 3. Tabled.
3. 270 Wooding Hill Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Desist Order issued to William Palmieri and Kathryn Sylvester of 270 Wooding Hill Road, dated October 5, 2007 – Isabel Kearns, Inland Wetlands Enforcement Agent, stated the project has not been completed at this time. Tabled.

4. 185 Fairwood Road, Reconvene “Show Cause” Hearing pertaining to the Cease & Restore Order Issued to William Grieger, dated May 1, 2007 – No one was present. Tabled.

5. 185 Beacon Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Restore Order Issued to Daniel Cusano, dated June 20, 2006 – No one was present. The Commission directed the Inland Wetlands Enforcement Agent to move forward with the Town Attorney pertaining to this property. Pat McGregor and Sandy Breslin stated they would like to have a conference call with the Town Attorney. Tabled.

6. 27 Hamilton Drive, Reconvene “Show Cause” Hearing pertaining to the order to Cease Activity Issued to Daniel Dinas and Angela Cunha, dated May 9, 2006 – No one was present. Tabled.

7. Continue review and adoption process for the new Inland Wetlands Regulations (Adopt new Inland Wetlands Regulations at the same time as proposed Stormwater Regulations.) – Tabled.


OTHER BUSINESS

A. Discussion with IWEO pertaining to proposed “General Permit” for proposed activity for minor maintenance work with the Public Works Department of the Town of Bethany. The Commission would like to continue with the same application process with the Public Works Department as they have done in the past.


B. Appropriate letters to be prepared by the Clerk to communicate to the Planning and Zoning Commission that there is no IWC action required for the following properties:
· 78 Schaffer Road
· 11 Emerald Lane
· 21 Emerald Lane
· 31 Emerald Lane
· 41 Emerald Lane

WETLANDS ENFORCEMENT OFFICER’S REPORT

The following sites were inspected to determine whether IWC action is required for the proposed activities:
1) 350 Amity Road No IWC Action Required.
2) 169 Schaffer Road IWC Action Required.

The following sites were inspected for permit compliance during construction:
1) 88 Litchfield Turnpike Site Work not started.
2) 892 Amity Road Re-Inspection required.



It was moved by Ellison and seconded by Painter to adjourn the regular meeting at 9:02 p.m.
Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
for the Inland Wetlands Commission

2008-10-20 Inland Wetlands Commission

The regular meeting of the Inland Wetlands Commission was called to order at 7:48 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following members of the Commission were present:
Patricia McGregor, Chairman
Alexandra Breslin, Vice-Chairman
John Kane, Member

The following members of the Commission were absent:
Jack Ellison, Member
Jon Painter, Member

Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer


APPROVAL OF MINUTES

1. It was moved by Kane and seconded by Breslin to approve, as submitted, the minutes of the September 15, 2008, Regular Meeting.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Stephen Burt, 286 Carrington Road, submitted September 26, 2008, Re: Sediment control and silt barriers are in place for dredging at pond located at 286 Carrington Road.
2. Letter from SCC Regional Water Authority, dated October 6, 2008, Re: Review of application for residential site development, 31 Emerald Lane.
3. Letter from State of Connecticut, Department of Environmental Protection, dated September 16, 2008, Re: Copy of “Stream Crossing Guidelines”.


PUBLICATIONS AND WORKSHOPS

1. Sound Outlook, October 2008.
2. The Habitat, Summer 2008.
3. College of Agriculture and Natural Resources, Fall 2008.
4. Connecticut Wildlife, September/October 2008.


NEW BUSINESS

1. North of 861 Litchfield Turnpike, Application #1114 submitted by Town of Bethany for an Inland Wetlands Permit to install one new 36” PVC pipe across Litchfield Turnpike - Present for this application was Alan Green, Director of Public Works, who will be supervising the work being performed. The Commission received the application. Mr. Green reviewed with the Commission the water problem on Litchfield Turnpike, the proposed corrective work to be completed and he stated the project will not commence until November. It was the consensus of the Commission to allow the start of construction if needed under the supervision of the Inland Wetlands Enforcement Officer. Tabled.


OLD BUSINESS

1. 48 Clay Road, Application #1113 submitted by Tom Relihan – Baldwin Development for an Inland Wetlands Permit for a Residential Site Development – Present for this application were Tom Relihan, applicant and owner of record and Alan Green, Director of Public Works. The Commission received a letter from Nafis & Young, dated October 20, 2008, with their comments on the subject application. Also, the Commission received revised plans, dated October 17, 2008, from the applicant. Mr. Green reviewed the drainage issues. Commission members discussed and proceeded to deliberate. It was moved by Breslin and seconded by Kane to approve Application #1113 submitted by Tom Relihan of Baldwin Development for an Inland Wetlands Permit for a residential site development associated with drainage improvements being directed by the Town of Bethany Public Works Department and the Inland Wetlands Enforcement Officer in accordance with the submitted plan entitled, “Site Development Map”, dated August 11, 2006, revised to October 17, 2008, prepared by Clarke & Pearson Associates, Ansonia, Connecticut and with the following conditions in addition to the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
a) The rain gardens are an integral part of this permit and must be maintained so they are functional at all times. Refer to Volume 177, Page 0068 on the Land Records in Town Clerk’s office for maintenance procedures.
b) Rain gardens to be inspected by the Inland Wetlands Enforcement Officer each spring to assure maintenance and functionality.
c) This permit is contingent upon the receipt of a letter from the applicant’s design engineer stating that if the drainage is installed properly as shown on the plan this will not worsen the current drainage situation but improve the drainage.
Unanimous approval.


2. 268 Wooding Hill Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Desist Order issued to Mr. and Mrs. Bruce Hitchcock of 268 Wooding Hill Road, dated October 5, 2007 – See Item 3. Tabled.


3. 270 Wooding Hill Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Desist Order issued to William Palmieri and Kathryn Sylvester of 270 Wooding Hill Road, dated October 5, 2007 – Isabel Kearns, Inland Wetlands Enforcement Agent, Alan Green, Director of Public Works and Dave Nafis of Nafis & Young visited the site today, October 20, 2008. Isabel Kearns stated that the drainage is being installed and she will continue to monitor. Tabled.

4. 185 Fairwood Road, Reconvene “Show Cause” Hearing pertaining to the Cease & Restore Order Issued to William Grieger, dated May 1, 2007 – No one was present. Tabled.

5. 185 Beacon Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Restore Order Issued to Daniel Cusano, dated June 20, 2006 – No one was present. Tabled.

6. 27 Hamilton Drive, Reconvene “Show Cause” Hearing pertaining to the order to Cease Activity Issued to Daniel Dinas and Angela Cunha, dated May 9, 2006 – No one was present. Tabled.

7. Continue review and adoption process for the new Inland Wetlands Regulations (Adopt new Inland Wetlands Regulations at the same time as proposed Stormwater Regulations.) – Tabled.


OTHER BUSINESS

Isabel Kearns, Inland Wetlands Enforcement Officer, distributed copies of a sample blanket permit with the Public Works Department for the City of Middletown, Connecticut and discussed with Commission members as a proposal for the Town of Bethany Public Works Department. Commission members will review and discuss at the next regular meeting scheduled for November 17, 2008.

WETLANDS ENFORCEMENT OFFICER’S REPORT

The following sites were inspected to determine whether IWC action is required for the proposed activities:
1) 4 Old Fairwood Road No IWC Action Required.

The following sites were inspected to authorize IWC approval for Certificate of Occupancy:
1) 71 Mesa Drive Okay to Issue C.O.
2) 112 Schaffer Road Okay to Issue C.O.


The following sites were inspected for permit compliance during construction:
1) 117 Litchfield Turnpike Okay.
2) 88 Litchfield Turnpike Site Work not started.
3) 226 Fairwood Road Re-inspection required.
4) 286 Fairwood Road Re-inspection required.
5) Wooding Hill (Palmieri/Hitchcock) Re-inspection required.
6) 832 Amity Road Re-inspection required.
7) 244 Amity Road Okay.
8) 96 Litchfield Turnpike Re-inspection required.
9) 64 Schaffer Road Re-inspection required.


It was moved by Kane and seconded by Breslin to adjourn the regular meeting at 8:47 p.m.
Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
for the Inland Wetlands Commission

2008-10-14 Zoning Board of Appeals

The regular meeting of the Zoning Board of Appeals was called to order at 8:02 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Board members were present:
Carol Goldberg, Chair
Arnold Sabatelli, Vice-Chair
David Forman, Member
Rudolph Beckert, Jr., Member
Steven Massey, Member
James Foley, Alternate Member, seated as a Regular Member.
Ruth Beardsley, Alternate Member

The following Board members were absent:
Brian Sackett, Alternate Member

Also present was:
Isabel Kearns, Zoning Enforcement Officer


MINUTES

It was moved by Beckert and seconded by Sabatelli to approve, as submitted, the minutes of the August 11, 2008, regular meeting.
Unanimous approval.


BILLS

1. It was moved by Forman and seconded by Sabatelli to approve the payment of a bill for $95.00, dated October 14, 2008, from John McLeod (Court Stenographer) for recording services for public hearing (27 Woods Road).
Unanimous approval.

2. It was moved by Beckert and seconded by Sabatelli to approve the payment of a bill for $50.00, dated September 12, 2008, from John McLeod (Court Stenographer) for copies of two tape recordings of ZBA public hearings of May 12, 2008 and June 9, 2008 (325 Amity Road).
Unanimous approval.


COMMUNICATIONS

A. Letter from Planning and Zoning Commission, dated September 30, 2008, Re: Proposed Town of Bethany Ordinance Establishing Fines for Land Use Violations.
Board members discussed and will be forwarding comments to the Town Attorney.


David Forman and Ruth Beardsley recused themselves from the public hearing.


PUBLIC HEARING: 27 Woods Road

Chair Goldberg opened the public hearing at 8:07 p.m.

Chair Goldberg read the legal notice for the public hearing for the application submitted by Carol Cangiano and Edward Fletcher for property located at 27 Woods Road for a 41-foot variance of the side yard setback and a 29.6-foot variance of the front yard setback for the construction of a detached garage.

Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.

Chair Goldberg asked the applicants for the proof of notification to the property owners within 100 feet of the boundaries of the subject property. Carol Cangiano submitted green return receipt cards and the certified mail receipts (Exhibit 1A and Exhibit 1B).

Isabel Kearns, ZEO, stated she received a call from Mr. Russ Smith owner of 22 Woods Road and he inquired as to what the applicants were proposing and he was aware of the public hearing.

The following Board Members stated for the record that they visited the site: Goldberg, Massey, Sabatelli, Beckert and Foley.

Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1 – Ten Green Return Receipt cards from neighbors within 100 feet of the subject property with proof of receipt of notice of the ZBA application.
b) Exhibit 2 – Thirteen Certified Mail Receipts to neighbors within 100 feet of the subject property for proof of mailing.
c) Exhibit 3 – Two letters returned from the Post Office; one is typed addressed to Eugene Chang and Kathryn Lilley and the second letter is handwritten to the same and both were returned to sender.
d) Exhibit 4 – Letter from Douglas and Patricia Hildreth of 51 Woods Road pertaining to their support for the construction of a garage at 27 Woods Road.
e) Exhibit 5 – Letter from John Donahue and Amy Porter of 32 Woods Road pertaining to their support for the construction of a garage at 27 Woods Road.
f) Exhibit 6 - Letter from South Central Connecticut Regional Water Authority, dated October 9, 2008, Re: Review of application for 27 Woods Road. Chair Goldberg read this letter into the hearing record.

Presenting the application were Carol Cangiano and Edward Fletcher, applicants and owners of record. Carol explained their desire to construct a 24’ by 36’ garage and that there is a topographical hardship and extreme ledge on the property. Carol stated they want to keep the garage consistent with the home and do not want to attach the garage to their home because that would destroy the historic value of the home.

Some of the Board Members questioned or commented on the following items:
Is there any other location for the proposed garage on the property? (Carol answered no due to ledge.)
What is the height of the proposed garage? (Carol answered they want to keep it consistent with the home.)

Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were none.

Chair Golderg asked if there were any public members who would like to speak in opposition of this application. There were none.

At 8:54 p.m., Chair Goldberg closed the public hearing on the subject application.


DELIBERATION & DECISION MAKING SESSION

Board members proceeded to discuss the application and deliberate.

27 Woods Road – It was moved by Beckert and seconded by Foley to grant the approval of the application submitted by Carol Cangiano and Edward Fletcher for property located at 27 Woods Road, and shown on Assessor’s Map #122, Lot #36, requesting a variance of Sections 4.1.B, 4.1.C, and 3.4 of the Bethany Zoning Regulations, specifically for a 41-foot variance of the side yard setback to allow a 9-foot side yard setback and for a 29.6-foot variance of the front yard setback to allow a 20.4-foot front yard setback for the construction of a detached garage. Special conditions and circumstances exist which are unique to the subject property and which do not affect generally the district to which it is situated. These conditions and circumstances are the topography of the land and the extreme ledge on the property. Granting the variance will not confer upon the applicant or the property owner any special privilege that is denied by the Bethany Zoning Regulations to other land in the same district. The variance will be in harmony with the general purpose and intent of the Zoning Regulations. Due consideration has been given to conserving the public health, safety, convenience, welfare, and property values. This motion carries with the stipulation that the letter containing recommendations from the South Central Connecticut Regional Water Authority, dated October 9, 2008, be complied with by the applicants.
Voting were Goldberg, Sabatelli, Beckert, Massey, Foley.
Unanimous approval.


ADJOURNMENT

It was moved by Sabatelli and seconded by Forman to adjourn the regular meeting at 9:43 p.m.
Unanimous approval.

Respectfully submitted,

Antonia R. Marek, Clerk
For the Zoning Board of Appeals

2008-10-01 Planning and Zoning Commission

The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Commission members were present:
Sharon Huxley, Chairman
John Ford IV, Member
Mary Shurtleff, Member
Marc Adelberg, Alternate Member, seated as a regular member.
Donald Shea Jr., Alternate Member, seated as a regular member.

The following Commission members were excused or absent:
Melissa Spear, Vice-Chairman
Patricia Winer, Member
Nelly Rabinowitz, Alternate Member

Also present were:
Hiram Peck, Planning Consultant
Isabel Kearns, Zoning Enforcement Officer


It was moved by Shurtleff and seconded by Shea to move to the items of New Business.
Unanimous approval.


NEW BUSINESS

1. 161 Falls Road, Application #2008-028 submitted by Marc D’Andrea for a Site Plan Modification – Present for this application was Marc D’Andrea, applicant and owner of record. The Commission received the application. Mr. D’Andrea stated he would like to build a larger barn for the purpose of storing equipment to be used for agricultural purposes and then at some point in the future, after home is constructed, convert the agricultural use over to a 10-stall boarding facility. Chairman Huxley stated the Special Exception Permit to operate a boarding stable, approved on April 13, 2005, will stay in place and all the conditions. Isabel Kearns, ZEO, stated that one of the conditions of the Special Exception Permit was to submit a Site Plan for the barn. Commission members discussed and proceeded to deliberate. It was moved by Shurtleff and seconded by Ford to approve the following resolution for Application #2008-028:

Whereas, Marc D’Andrea applied for a site plan modification to locate a 36’ x 60’ barn (2,160 square feet) located at 161 Falls Road on October 1, 2008;

Whereas, the Commission at its regular meeting also held on October 1, 2008, considered the maps, testimony and other pertinent application information relating to a request to construct a 36’ x 60’ barn (2,160 square feet ) located at 161 Falls Road;



Now Therefore, the Commission makes the following findings of fact and decision regarding the application:

1) Inland Wetlands Permit #1023 was approved on March 21, 2005 for the development of this lot, including the barn.
2) The Planning and Zoning Commission received correspondence from Michael Guaglianone of the South Central Connecticut Regional Water Authority dated September 30, 2008, in which he made comments regarding routine septic maintenance and the storage of hazardous household chemicals.

Now Therefore Be It Resolved, that pursuant to Section 4.1.A of the Zoning Regulations of the Town of Bethany, amended to August 27, 2008, the Planning and Zoning Commission approves Application #2008-028, submitted by Marc D’Andrea, for a site plan modification to locate a 36’ x 60’ barn (2,160 square feet) located at 161 Falls Road, located in the R-65 Zone, as shown on the submitted plan entitled, “Proposed Site Plan, 161 Falls Road”, dated January 18, 2008, hand revised to October 1, 2008, by the applicant and with the following condition:

1) The Conditions 1 through 5 and Condition 7 from the approval of Application 2005-008 will remain in full force and effect.
Unanimous approval.


APPROVAL OF MINUTES

1. It was moved by Ford and seconded by Shea to approve, as submitted, the minutes of the August 27, 2008, Special Meeting.
Voting were Huxley, Ford, Shurtleff, Shea.
Unanimous approval.

2. It was moved by Ford and seconded by Adelberg to approve, as submitted, the minutes of the September 3, 2008, Regular Meeting.
Voting were Huxley, Ford, Adelberg, Shea.
Unanimous approval.

3. It was moved by Ford and seconded by Shurtleff to approve, as submitted, the minutes of the September 10, 2008, Special Meeting.
Voting were Huxley, Ford, Shurtleff, Adelberg, Shea.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from SCC Regional Water Authority, dated September 30, 2008, Re: Review of Application #2008-028 for 161 Falls Road.
2. Letter to Chuhua Wan of 44 Sabrina Drive, from Isabel Kearns, ZEO, dated September 4, 2008, Re: Application #2008-023 for a Home Occupation Permit, Incomplete.
3. Letter from Quinnipiack Valley Health District, dated September 30, 2008, Re: Review of Application #2008-026 for 48 Clay Road.
4. Letter to Joseph Kyc, 892 Amity Road, from Isabel Kearns, ZEO, dated September 23, 2008, Re: Cease and Desist Order for property located at 892 Amity Road.
5. Letter from Derrylyn Gorski, First Selectman, dated September 10, 2008, Re: Wooding Hill Road, Drainage and runoff problem.
6. Letter from Kenneth Hardy owner of 41 Village Lane, dated September 26, 2008, Re: 41 Village Lane, Units 104 and 105, ending lease with Neuron Group, new tenant Sonic Golf Inc.
7. Letter from Planning and Zoning Commission to Southwest Conservation District, dated September 8, 2008, Re: Services and expertise offered by the District with membership.
8. Letter from Roald Haestad, Inc. for FEMA, dated September 22, 2008, Re: Digital Flood Insurance Rate Map and Flood Insurance Study Report for New Haven County, Connecticut.


PUBLICATIONS AND WORKSHOPS

1. Brochure from the Conservation Commission of Beacon Falls, Connecticut.


BILLS

1. It was moved by Shurtleff and seconded by Adelberg to approve the payment of $1,000.00 (monthly pro rata basis) for services rendered for September 2008, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.



ZONING ENFORCEMENT OFFICER’S REPORT

There was no ZEO report.



OLD BUSINESS

1. 44 Sabrina Drive, Application #2008-023 submitted by Chuhua Wan for a Home Occupation Permit to operate an online shopping business – No one was present for this application. Isabel Kearns, ZEO, sent a letter which was dated September 4, 2008, to the applicant requesting her presence at this meeting and received no response. It was moved by Ford and seconded by Shea to deny, without prejudice, Application #2008-023 submitted by Chuhua Wan for a Home Occupation Permit to operate an online shopping business due to an incomplete application. Unanimous approval.

2. 48 Clay Road, Application #2008-026 submitted by Baldwin Development LLC, Tom Relihan for a Site Plan Approval for a residential dwelling – No one was present for this application. Isabel Kearns, ZEO, stated the applicant has not received Inland Wetlands Commission approval at this time. Tabled.

3. Town Plan Revision – The Commission scheduled Special Meetings for Wednesday, October 15 and October 29, 2008, at 7:30 p.m. Tabled.

4. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.

5. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.

6. Proposed Ordinance Establishing Citation Procedures and Fines for Zoning Violations – Draft forwarded to the Board of Selectmen. Tabled.

7. Update on Halter Estates – Tabled.


It was moved by Shurtleff and seconded by Ford to adjourn the regular meeting at 8:35 p.m.
Unanimous approval.

Respectfully submitted,


Antonia Marek, Clerk
For the Planning and Zoning Commission