Monday, April 20, 2009

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, APRIL 1, 2009 Page 1 of 6

The regular meeting of the Planning and Zoning Commission was called to order at 7:34 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
Melissa Spear, Vice-Chairman
John Ford, Member
Mary Shurtleff, Member, arrived at 8:41 p.m.
Patricia Winer, Member
Marc Adelberg, Alternate Member
Nelly Rabinowitz, Alternate Member, seated as a regular member as needed.
Donald Shea Jr., Alternate Member

Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Land Use Assistant
Hiram Peck, Planning Consultant


APPROVAL OF MINUTES

1. It was moved by Winer and seconded by Spear to approve the minutes of the March 4, 2009, Regular Meeting, with the following correction:
· Page 5, Old Business, Item #1, Second Sentence – Reads “Mr. Katzmark stated that the BVFD needs to improve the specifications to meet the obligations to provide for the Town.” Change to “Mr. Katzmark stated that the BVFD needs to improve the specifications to meet the obligations to provide fire protection for the Town.”
Voting were Huxley, Spear, Ford, Winer, Rabinowitz.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from QVHD, dated March 12, 2009, Re: Review of plans revised to March 5, 2009, for 523 Carrington Road.
2. Letter from RWA to IWC, dated March 23, 2009, Re: Review of project for 523 Carrington Road, three-lot resubdivision.
3. Letter from State of Connecticut, Department of Transportation, to John Paul Garcia, dated March 10, 2009, Re: Comments on traffic and drainage for project at 523 Carrington Road, Route 69.
4. Letter from Derrylyn Gorski, First Selectwoman, dated March 31, 2009, Re: Withdrawal of Applications #2009-005, #2009-006 and #2009-007, 761 Amity Road.
5. Letter from Neighbor Works, New Horizons, to Isabel Kearns, ZEO, dated March 19, 2009, Re: Requesting waiver for fees for applications for 761 Amity Road, Fairwood Place.


6. Letter from Neighbor Works, New Horizons, to Isabel Kearns, ZEO, dated March 6, 2009, Re: Fairwood Place of Bethany, 761 Amity Road, Development Description with 11 pages attached.
7. Letter from IWC, dated April 1, 2009, Re: No IWC action required for 667 Amity Road, sign permit.
8. Letter from RWA dated March 23, 2009, Re: Review of application for 845 Carrington Road, for horse manure composting.
9. Letter from Isabel Kearns, ZEO, to William Grieger of 10 Hamilton Drive, dated March 5, 2009, Re: Notice of Violation, 10 Hamilton Drive, outside storage of equipment.
10. Letter from Isabel Kearns, ZEO, to Cathy Goodenow owner of 98 Northrop Road, dated March 23, 2009, Re: Notice of Violation at 98 Northrop Road.

Other Business

Chairman Huxley stated she received a referral from the RPC that Beacon Falls has a proposal to change their zoning regulations and zoning map pertaining to Chatfield Farms adaptive use regulation. It was moved by Winer and seconded by Spear to authorize Hiram Peck, Planning Consultant, to review the referral and prepare a draft response. Unanimous approval.


BILLS

1. It was moved by Spear and seconded by Rabinowitz to approve the payment of $90.00 for Membership dues through March 31, 2010, to the Connecticut Federation of Planning and Zoning Agencies.
Unanimous approval.

2. It was moved by Spear and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis) for services rendered for March 2009, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT

Isabel Kearns, ZEO, reported on the following:

98 Northrup Road – Notice of Violation, dated March 23, 2009, neighbor complaint pertaining to “Junk” on property.







PUBLIC HEARINGS

· 523 Carrington Road (Woodlot Farm), Application #2009-001 for a Special Exception Permit for one rear lot and Application #2009-002 for a Three-Lot Resubdivision with waiver requests for open space and fire protection submitted by John Paul Garcia

At 8:18 p.m., Chairman Huxley called to order the public hearing on Applications #2009-001 and #2009-002. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.

Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Letter from QVHD, dated March 12, 2009, Re: Review of plans revised to March 5, 2009, for 523 Carrington Road.
Exhibit 1B - Letter from RWA to IWC, dated March 23, 2009, Re: Review of project for 523 Carrington Road, three-lot resubdivision.
Exhibit 1C - Letter from State of Connecticut, Department of Transportation, to John Paul Garcia, dated March 10, 2009, Re: Comments on traffic and drainage for project at 523 Carrington Road, Route 69.
Exhibit 1D – Submitted by Ken Martin, Chairman of the Conservation Commission, dated April 1, 2009, Re: Review and recommendations pertaining to Applications #2009-001 and 2009-002 for 523 Carrington Road, with attached map that has colored coded markings.

Present for this application was Mr. John Paul Garcia, P.E./L.S., who is the applicant. Mr. Garcia presented an overview of the proposed resubdivision and then reviewed the comments from the ZEO in a memo dated March 3, 2009. Mr. Garcia stated he has submitted an application to the IWC and they will be conducting a site visit. Also, Mr. Garcia stated he has spoken with the Conservation Commission, QVHD, RWA and DOT. Chairman Huxley would like revised plans sent to our Town Engineer, Nafis and Young.

Some Commission Members had a question or concern pertaining to the following:
A common driveway for all three lots would save a lot of grading and excavation.
Submit a proposed drainage layout.

Mr. Garcia will submit the Alternate Plan for the common driveway and the preliminary plan for the 8-lot layout.

Ken Martin, Chairman of Conservation Commission, submitted Exhibit 1D and reviewed with the Commission. Mr. Martin stated that the Conservation Commission recommends that the request for open space not be granted.

Commission members will visit the site individually.



Chairman Huxley then asked if there were any comments from the public. There were no comments.

At 9:00 p.m., Chairman Huxley recessed the public hearing until the next regular meeting scheduled for May 6, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.


NEW BUSINESS

1. Discussion with Brian Laubstein of 21 Tollgate Road pertaining to poultry/livestock in residential areas and lack of zoning regulations – Present for this discussion was Brian Laubstein of 21 Tollgate Road. Mr. Laubstein stated his neighbor has poultry and a ram that trespass onto his property. Mr. Laubstein stated that the Town of Bethany does not have any regulations pertaining to poultry or livestock and feels the Town of Bethany should address this for health reasons and limit the amount and make requirements for keeping them in your own yard. Chairman Huxley stated Mr. Laubstein should go to the Board of Selectmen. Mr. Laubstein stated he did and they sent him to the Planning and Zoning Commission. Hiram Peck and Isabel Kearns will review.

2. 761 Amity Road, Application #2009-006 submitted by Mutual Housing Association of South Central CT, Inc. for a Special Exception Permit – First Selectman Derrylyn Gorski submitted a letter of withdrawal dated March 31, 2009.

3. 761 Amity Road, Application #2009-007 submitted by Mutual Housing Association of South Central CT, Inc. for a Zoning Map Amendment – First Selectman Derrylyn Gorski submitted a letter of withdrawal dated March 31, 2009.

4. Discussion with Pat Stewart pertaining to “Beautiful Bethany” (litter cleanup) – Present for this discussion was Pat Stewart of Meyers Road. Pat Stewart stated she has been working on a project for the Town with Liz Appeal to organize a voluntary “Spring Clean-up” in Bethany on Saturday, April 18 and Sunday, April 19, 2009. Ms. Stewart wanted the Commission to be aware of the event and to be supportive of it.

5. 184 Sperry Road, Preliminary review with John Paul Garcia pertaining to proposed barn/riding arena – Present for this application was John Paul Garcia, P.E./L.S., representing the property owner. Chairman Huxley recused herself. Mr. Garcia wanted to clarify what is allowed in the Zoning Regulations for a private use barn before going to the Zoning Board of Appeals for a variance. Mr. Peck suggested that Mr. Garcia write down the specific things he is asking the Commission for and he will review with the ZEO and then he can submit an application to the ZBA. Mr. Garcia will do so and return at the next meeting, May 6, 2009. Tabled.




6. 667 Amity Road, Application #2009-008 submitted by Rev. Nathan L. Page for a Sign Permit – No one was present for this application. Isabel Kearns, ZEO, recommended to the Commission to authorize her to review and approve. The Commission discussed and proceeded to deliberate. It was moved by Spear and seconded by Ford to authorize Isabel Kearns, to review and approve Application #2009-008 submitted by Rev. Nathan L. Page for a Sign Permit located at 667 Amity Road for Full Faith Outreach Ministries. Unanimous approval.

7. 845 Carrington Road, Application #2009-009 submitted by Acorn Traders LLC for Zoning Permit for an additional business use - composting horse manure – Present for this application was Theron Simons, applicant and owner of record. Mr. Simons reviewed with the Commission the proposed business use. Mr. Simon stated the State of Connecticut, Department of Environmental Protection has walked the property. The Commission had questions pertaining to additional noise and odor. Mr. Simon stated he has not received any complaints of noise so far and if the manure is treated properly it will not smell. Hiram Peck, Planning Consultant, reviewed Section 5.2.B.7 of the Zoning Regulations. Mr. Peck explained the fact this is a Special Exception for a modification of the site plan and a new application should be submitted.

It was moved by Spear and seconded by Winer to amend the agenda to accept and receive the new application for a Special Exception Permit for a modification of the site plan. Unanimous approval.

The Commission scheduled a public hearing dated for Wednesday, May 6, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.


OLD BUSINESS

1. 761 Amity Road, Application #2009-005 submitted by Mutual Housing Association of South Central CT, Inc. for a Site Plan Approval for 12 rental senior affordable dwellings and 1 caretaker’s unit – First Selectman Derrylyn Gorski submitted a letter of withdrawal dated March 31, 2009.

2. 523 Carrington Road, Application #2009-001 submitted by John Paul Garcia for a Special Exception Permit for one rear lot – Hearing continued to May 6, 2009. Tabled.

3. 523 Carrington Road, Application #2009-002 submitted by John Paul Garcia for a Three-Lot Resubdivision with waiver requests for the provision of open space and a water source for fire protection – Hearing continued to May 6, 2009. Tabled.

4. Bethany Volunteer Fire Department revised Water Source Specifications – The ZEO will contact Mike Katzmark, Representative for the BVFD. Tabled.



5. Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Mr. Peck will gather more information on windmills and work with the Clean Energy Task Force. Tabled.

6. Town Plan Revision – Discussion and possible action – Special meeting scheduled for April 15, 2009.

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

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

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

10. Update on Halter Estates – Tabled.


It was moved by Spear and seconded by Winer to adjourn the regular meeting at 9:45 p.m.
Unanimous approval.

Respectfully submitted,

Antonia Marek, Clerk
For the Planning and Zoning Commission