MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, DECEMBER 2, 2009 Page 1 of 6
The regular meeting of the Planning and Zoning Commission was called to order at 7:36 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, arrived at 7:40 p.m.
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member
Donald Shea Jr., Alternate Member, seated as a voting member as needed
The following Commission members were absent or excused:
Nellie Rabinowitz, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Hiram Peck, Planning Consultant
Chairman Huxley explained that in reference to Applications #2009-026, #2009-027, and #2009-028 submitted by Mr. James Woodward for 26 and 46 Mesa Drive (Woodward Estates Subdivision), the public hearing scheduled for this evening will not be opened and that Mr. Woodward submitted a letter of consent to an extension of 35 days to begin the public hearing. The public hearing will be re-noticed for Wednesday, January 6, 2010. Chairman Huxley also stated the site walk scheduled for Sunday, December 6, 2009 will be cancelled.
APPROVAL OF MINUTES
1. It was moved by Shurtleff and seconded by Winer to approve, as submitted, the minutes of the November 4, 2009, Regular Meeting.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Email from Eugene Livshits of SCRCOG, dated November 20, 2009, Re: Referral received for proposed Woodward Estates Subdivision and will be review by Regional Planning Commission will review during their December 10, 2009 meeting.
2. Letter from SCC Regional Water Authority, dated December 1, 2009, Re: 820 Litchfield Turnpike, request for home office use, not located within RWA public water supply watershed area.
3. Letter from Inland Wetlands Commission, dated December 2, 2009, Re: 443 Fairwood Road, Inside Storage, no IWC action required.
4. Letter from SCC Regional Water Authority, dated December 1, 2009, Re: 3 Northrop Road, permit for accessory apartment, no review comments.
5. Letter from Robert Walsh, Bethany Building Inspector, dated November 23, 2009, Re: Small Wind Energy Systems under Chapter 17 of the National Building Code.
6. Letter from Nancy McCarthy, Town Clerk, dated November 19, 2009, Re: Request for schedule of PZC regular meetings for 2010 with attached draft schedule prepared by clerk. It was the consensus of the Commission to change the meeting start time to 7:00 p.m. and public hearing start time to 7:30 p.m. Clerk will revise letter and submit to Town Clerk.
7. Letter from James and Linda Chiaraluce of 48 Valley Road, dated November 4, 2009, Re: Purchase of 742 Amity Road (Billy’s Ice Cream/ Nonnie’s and the Post Office).
8. Letter from SCC Regional Planning Commission, to Hamden Government Center, dated November 13, 2009, Re: Town of Hamden: Proposed Zoning Regulation and Map Amendment.
BILLS
1. It was moved by Shurtleff and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis) for services rendered for November 2009, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, ZEO, stated she will be issuing violation and enforcement letters to 185 Beacon Road (Cusano), 2 Clay Road (Ryker), and 10 Round Hill Road (Ciola).
NEW BUSINESS
1. 820 Litchfield Turnpike, Application #2009-030 submitted by Ruth Beardsley for a Home Occupation Permit to conduct a part time business of drafting documents and legal research - The Commission formally received the application. Present to speak on behalf of the application was Ruth Beardsley, applicant and owner of record.
Ms. Beardsley reviewed the proposed project noting:
· There will be no client visits.
In discussion, Commission members noted:
· The application has been reviewed by QVHD and the Fire Marshal.
· The Commission received a letter from the RWA dated December 1, 2009, stating that the property is not located within the RWA public water supply watershed area.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Spear and seconded by Shurtleff to approve the following resolution for Application #2009-030 for property located at 820 Litchfield Turnpike:
Whereas, Ruth Beardsley, owner of 820 Litchfield Turnpike, applied to the Planning and Zoning Commission for a professional law office permit to operate a law office at 820 Litchfield Turnpike;
Whereas, the Commission at its regular meeting of December 2, 2009, considered the statement of use, narrative, testimony and other pertinent application information relating to this professional office application;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
Lynn Fox, Quinnipiack Valley Health District representative, signed off on the back of the application form on November 6, 2009 indicating her approval.
Rod White, Fire Marshal, signed off on the back of the application form on December 2, 2009, indicating his approval.
The Commission received a letter dated December 1, 2009, from Ronald Walters of the SCC Regional Water Authority in which he states this property is not located within the RWA public water supply watershed area.
Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4(a) of the Town of Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves Application #2009-030 submitted by Ruth Beardsley to operate a professional law office in her home located at 820 Litchfield Turnpike as outlined in the Statement of Use and with the following condition of approval:
1) As outlined in the Statement of Use dated November 6, 2009, there shall not be employees.
Voting were: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
2. 443 Fairwood Road, Application #2009-031 submitted by Bill and Wendy Grieger for a Change of Use – Acquire inside storage of machinery, equipment, tools and vehicles - The Commission formally received the application. Present to speak on behalf of the application was William Grieger, applicant and owner of record.
Mr. Grieger reviewed the proposed project noting:
· We will be renovating the buildings to make them look like residential homes.
· A roofing company would like to use one of the buildings for inside storage only.
· We submitted an application to the Zoning Board of Appeals to allow a commercial garage in a residential zone and it has not been approved at this time.
In discussion, Commission members noted:
· This application is for inside storage only.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Shurtleff and seconded by Spear to approve the following resolution for Application #2009-031 for property located at 443 Fairwood Road:
Whereas, Bill and Wendy Grieger applied on December 2, 2009, to the Bethany Planning and Zoning Commission for a Change of Use Permit to allow the inside storage of tools, equipment, machinery and vehicles at of 443 Fairwood Road;
Whereas, the Commission at its regular meeting of December 2, 2009, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to allow the inside storage of tools, equipment, machinery and vehicles at 443 Fairwood Road;
Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;
Now Therefore the Commission makes the following findings of fact:
1) John Laudano of the Quinnipiack Valley Health District signed off on the back of the application form on November 20, 2009, indicating his approval, as there would be no on-site employees and no envelope increase.
2) Rod White, Fire Marshal, signed off on the back of the application form on December 2, 2009, indicating his approval.
3) The Commission received a letter dated December 2, 2009, from the Inland Wetlands Commission which states that no Inland Wetland Commission action is required for the change of use to inside storage of tools, equipment, machinery and vehicles. However, the IWC requests to be notified of any future activity conducted outside of the building.
Now Therefore Be It Resolved, that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves the Change of Use Permit to allow the inside storage of tools, equipment, machinery and vehicles at 443 Fairwood Road (Application #2009-031), as presented in the application, statement of use and testimony and with the following conditions:
1) A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
2) The Fire Marshal must sign off prior to a certificate of occupancy.
3) There shall be NO outside storage of any kind on the property.
4) Prior to occupancy by any tenant, the owner shall submit to the ZEO, in writing, the name of the business(es) to occupy the buildings and the nature of the work they perform for her approval.
Voting were: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
3. 3 Northrop Road, Application #2009-032 submitted by Nadia Fainstein for a Special Exception Permit for an Accessory Apartment - The Commission formally received the application. No one was present to speak on behalf of the application. Chairman Huxley asked the ZEO if the application was complete. The ZEO, Isabel Kearns, responded that it was and recommended the Commission schedule a public hearing. The public hearing is scheduled for Wednesday, January 6, 2010, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road. Tabled.
4. Discussion with ZEO regarding proposed Zoning Regulation Amendment to Section 14, ZBA – Isabel Kearns, ZEO, distributed to Commission members the proposed Zoning Regulation Amendments for Section 14.3.C. and 14.1.B.5.e. pertaining to the notice requirements for ZBA applications to abutting property owners. The Commission scheduled a public hearing for Wednesday, February 3, 2010, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
OLD BUSINESS
1. Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.
2. Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Tabled.
3. Town Plan Revision – Discussion and possible action – A revised draft containing photographs of the Town Plan was distributed to all Commission Members. Commission members reviewed and discussed. 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. Update on Halter Estates – Tabled.
It was moved by Winer and seconded by Spear to adjourn the regular meeting at 8:59 p.m.
Unanimous approval.
Respectfully submitted,
Antonia Marek, Clerk
For the Planning and Zoning Commission
