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.
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.
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.
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.
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.
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.
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.
ZONING ENFORCEMENT OFFICER’S REPORT
There was no ZEO report.
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.
Antonia Marek, Clerk
For the Planning and Zoning Commission