Friday, January 15, 2010

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, JANUARY 6, 2010 Page 1 of 9


The regular meeting of the Planning and Zoning Commission was called to order at 7:10 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, arrived at 7:33 p.m.
John Ford, Member, arrived at 7:37 p.m.
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member, seated as first alternate as needed.
Donald Shea Jr., Alternate Member
Nellie Rabinowitz, Alternate Member, seated as second alternate as needed.

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


APPROVAL OF MINUTES

1. It was moved by Winer and seconded by Shea to approve, as submitted, the minutes of the December 2, 2009, Regular Meeting.
Voting for: Huxley, Shurtleff, Winer, Shea and Adelberg.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Bethany Volunteer Fire Department, dated November 30, 2009, Re: Review of plans for thirteen-lot subdivision located at 26 and 46 Mesa Drive.
2. Letter from South Central Connecticut Regional Planning Commission, dated December 11, 2009, Re: Review of proposed thirteen-lot subdivision located at 26 and 46 Mesa Drive.
3. Letter from NOK, dated November 30, 2009, Re: Response to review letter dated October 20, 2009, revised to October 31, 2009, prepared by Hiram Peck with attached materials.
4. Letter from Nadia Fainstein of 3 Northrop Road, dated December 30, 2009, Re: Withdrawal of Application #2009-032 for an accessory apartment located at 3 Northrop Road and refund of application fees.
5. Letter from Rod White, Fire Marshal, dated December 21, 2009, Re: Review of application #2009-032 for 3 Northrop Road.
6. Letter from Gail Vallillo of 788 Amity Road, dated January 5, 2010, Re: Withdrawal of Application #2010-001 for 788 Amity Road, modular building approval.



7. Letter from Roger and MaryEllen Simon of 63 Downs Road, submitted January 6, 2010, Re: Withdrawal of Application #2010-002 for property located at 63 Downs Road.
8. Letter from Karen Walton, Assistant ZEO, to Todd Ryker of 2 Clay Road, dated December 7, 2009, Re: Notice of Violation of the Zoning Regulations, Sections 6.9, 6.14, 4.2A and 4.3.D.4.b for the property located at 2 Clay Road.
9. Letter from Isabel Kearns, ZEO, to Daniel Cusano of 185 Beacon Road, Dated December 7, 2009, Re: Notice of Violation of the Zoning Regulations, Sections 4.1A, 4.2A, 4.3, 4.3.C, and 4.4.E.
10. Letter from Karen Walton, Assistant ZEO, to Mr. Mrs. David Logue of 29 Miller Road, dated January 5, 2010, Re: Notice of Violation, Final Notice, of the Zoning Regulations, Section 4.2.A.3.


PUBLICATIONS AND WORKSHOPS

1. Invitation from the South Central Regional Council of Governments to the Regional Planning Commission’s Annual Dinner on Thursday, January 14, 2010, at 6:00 p.m., Meriden, Connecticut.
2. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Fall 2009.
3. Connecticut Technology Transfer, Winter 2009.
4. The Connecticut Landscape Architect, Holiday Issue 2009.


BILLS

1. It was moved by Shurtleff and seconded by Adelberg to approve the payment of $1,273.50 (monthly pro rata basis), for services rendered for December 2009, by Hiram W. Peck III, AICP, Planning Consultant, and includes cost of POCD graphics ($273.50).
Unanimous approval.

2. It was moved by Winer and seconded by Shurtleff to approve the payment of a bill for $95.00, dated January 6, 2010, from John McLeod (Court Stenographer) for recording services for the public hearing (26 and 46 Mesa Drive).
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT

The Commission reviewed the letters in correspondence for Zoning Violations for the properties located at 2 Clay Road, 185 Beacon Road and 29 Miller Road.


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


NEW BUSINESS

1. 788 Amity Road, Application #2010-001 submitted by East Coast, LLC – Connecticut Canine Services for a Site Plan Modification to place a modular building at the end of the existing kennel for training purposes only – The Commission received a letter dated January 5, 2010 from Gail Vallillo, 788 Amity Road property owner, withdrawing Application #2010-001. Isabel Kearns, ZEO, stated the applicant would like to install bathrooms which will need Quinnipiack Valley Health District approval.

2. 63 Downs Road, Application #2010-002 submitted by Roger and Mary Ellen Simon for a Site Plan Modification – The Commission received a letter submitted January 6, 2010, from Mary Ellen Simon, 63 Downs Road property owner, withdrawing Application #2010-002. Isabel Kearns, ZEO, stated the applicant will be installing bathrooms in the barn which will need Quinnipiack Valley Health District approval.

3. Discuss increasing application fees – Isabel Kearns, ZEO, stated the Town is paying for some of the cost (legal notice in newspaper) for public hearings because the application fees are low. Chairman Huxley stated that the Board of Selectmen has to make this change. Isabel Kearns, ZEO, will obtain other town’s fee schedules and Hiram Peck, Planning Consultant, will research the legal perimeters on behalf of the Commission. Both Hiram and Isabel will report back to the Commission at the next meeting on February 3, 2010.


PUBLIC HEARINGS

· 26 and 46 Mesa Drive, Application #2009-026 for a Special Exception Permit for Two (2) Rear Lots, Application #2009-027 for a Thirteen Lot Subdivision (Woodward Estates), Application #2009-028 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit submitted by Alan Shepard P.E. for James W. Woodward Jr.

At 8:02 p.m., Chairman Huxley called to order the public hearing on Applications #2009-026, #2009-027 and #2009-028. Chairman Huxley stated it will be one hearing on all three applications. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application files.

Marc Adelberg, Alternate member, recused himself due to the fact he is an abutting property owner, 29 Mesa Drive.

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 Bethany Volunteer Fire Department, dated November 30, 2009, Re: Comments from review of plans for thirteen-lot subdivision located at 26 and 46 Mesa Drive.



Exhibit 1B – Letter from South Central Connecticut Regional Planning Commission, dated December 11, 2009, Re: Comments from review of proposed thirteen-lot subdivision located at 26 and 46 Mesa Drive.
Exhibit 1C – Letter from Nowakowski, O’Bymachow, Kane & Associates, dated November 30, 2009, Re: Response to review letter from Hiram Peck, Planning Consultant, dated October 20, 2009, revised to October 31, 2009, with attached related materials.
Exhibit 1D – Submitted by Al Shepard, colored map entitled, “Overall Site Plan (100 Scale)” dated January 4, 2008, revised to December 15, 2009, prepared by NOK.
Exhibit 1E – Submitted by Al Shepard, colored map entitled, “Presentation Drawing for Detention Basin A-2”, dated February 14, 2008, revised to January 5, 2010, prepared by NOK.
Exhibit 1F – Submitted by Al Shepard, colored map entitled, “Open Space Phase Plan”, dated November 30, 2006, revised to December 24, 2009, prepared by NOK.
Exhibit 1G – Letter from Quinnipiack Valley Health District, dated December 22, 2009, Re: Comments from review of plans for Woodward Estates Subdivision, 26 and 46 Mesa Drive.
Exhibit 1H – Submitted by Al Shepard, thirty-six (36) Green Return Receipt cards received back from property owners within 500 feet of any portion of the property upon which the proposed activity will take place.
Exhibit 1”I” – Revised set of plans prepared by Nowakowski, O’Bymachow, Kane & Associates, Shelton, Connecticut:
1) “Record Subdivision Map (1 of 5) prepared for Woodward Estates”, dated January 4, 2008, revised to January 5, 2010.
2) “Record Subdivision Map (2 of 5) prepared for Woodward Estates”, dated January 4, 2008, revised to January 5, 2010.
3) “Record Subdivision Map (3 of 5) prepared for Woodward Estates”, dated January 4, 2008, revised to January 5, 2010.
4) “Record Subdivision Map (4 of 5) prepared for Woodward Estates”, dated January 4, 2008, revised to January 5, 2010.
5) “Record Subdivision Map (5 of 5) prepared for Woodward Estates”, dated January 4, 2008, revised to January 5, 2010.
6) “Overall Site Plan (200 Scale) prepared for Woodward Estates”, dated January 4, 2008, revised to December 15, 2009.
7) “Overall Site Plan (100 Scale) prepared for Woodward Estates”, dated January 4, 2008, revised to December 15, 2009.
8) “Site Development Plan (1 of 5) prepared for Woodward Estates”, dated January 4, 2008, revised to December 15, 2009.
9) “Site Development Plan (2 of 5) prepared for Woodward Estates”, dated January 4, 2008, revised to December 15, 2009.
10) “Site Development Plan (3 of 5) prepared for Woodward Estates” dated January 4, 2008, revised to December 15, 2009.
11) “Site Development Plan (4 of 5) prepared for Woodward Estates”, dated January 4, 2008, revised to December 15, 2009.


12) “Site Development Plan (5 of 5) prepared for Woodward Estates”, dated January 4, 2008, revised to December 15, 2009.
13) “Plan & Profile – Clifford Drive prepared for Woodward Estates”, dated January 4, 2008, revised to December 15, 2009.
14) “Plan & Profile – Silsby Road (1 of 2) prepared for Woodward Estates”, dated January 4, 2008, revised to December 15, 2009.
15) “Plan & Profile – Silsby Road (2 of 2) prepared for Woodward Estates”, dated January 4, 2008, revised to December 15, 2009.
16) “Detention Basin Detail for Basin A prepared for Woodward Estates” dated January 4, 2008, revised to December 15, 2009.
17) “Construction Details prepared for Woodward Estates”, dated January 4, 2008, revised to September 16, 2009.
18) “Fire Hydrant Plan prepared for Woodward Estates”, dated January 4, 2008, revised to January 5, 2009.
19) “Soil Test Data (Sheet 1 of 5) prepared for Woodward Estates”, dated January 4, 2008, revised to September 16, 2009.
20) “Soil Test Data (Sheet 2 of 5) prepared for Woodward Estates”, dated January 4, 2008, revised to September 16, 2009.
21) “Soil Test Data (Sheet 3 of 5) prepared for Woodward Estates”, dated January 4, 2008, revised to September 16, 2009.
22) “Soil Test Data (Sheet 4 of 5) prepared for Woodward Estates”, dated January 4, 2008, revised to September 16, 2009.
23) “Soil Test Data (Sheet 5 of 5) prepared for Woodward Estates”, dated January 4, 2008, revised to September 16, 2009.
24) “Road Soil Erosion & Sedimentation Control Plan – Phase 1 prepared for Woodward Estates”, dated January 4, 2008, revised to August 13, 2009.
25) “Road Soil Erosion & Sedimentation Control Plan – Phase 2 prepared for Woodward Estates”, dated January 4, 2008, revised to September 16, 2009.
Exhibit 1J – Letter from Nowakowski, O’Bymachow, Kane & Associates, dated January 5, 2010, Re: Response to review letter from Michael Katzmark, BVFD Representative, dated November 30, 2009, with attached letter from Nowakowski, O’Bymachow, Kane & Associates, dated January 5, 2010, Re: Draft Lot Restrictions and Open Space Dedication.
Exhibit 1K – Memo from Bethany Conservation Commission, dated January 6, 2010, Re: Open space goals and other concerns for proposed Woodward Estates Subdivision.

Present to speak on behalf of the application was Alan Shepard, P.E., and partner with the firm Nowakowski, O’Bymachow and Kane, Shelton, CT, representing the owner of record, Mr. James W. Woodward, Jr.

Mr. Shepard reviewed the proposed project noting:
Ø There will be construction of two roads into the parcel.
Ø The project fronts along Mesa Drive.



Ø Submitted revised plans with changes to open space and the walking space trail. (Exhibit 1”I”)
Ø Would like to conduct the project in three phases. As phases completed will file map which includes the open space for that phase.
Ø QVHD has looked at project again and commented in letter. (Exhibit 1G)
Ø The two rear lots are Lot #9 and Lot #13. Lot #13 is a building lot but owner has no plans to build on it.
Ø Reviewed Exhibit 1C which was in response to Mr. Peck’s letter dated October 31, 2009.
Ø Reviewed Exhibit 1J which was in response to the BVFD letter dated November 30, 2009.
Ø At this time, there is no land being subdivided in Beacon Falls and doesn’t feel access will be used but it offers a potential to get to Beacon Falls.
Ø Have submitted draft easements for review.
Ø Will submit information for the soil erosion and excavation plan that is required for the Special Exception Earth Removal permit.

Hiram Peck, Planning Consultant, asked Mr. Shepard if he is asking for an approved phased subdivision. Mr. Shepard responded yes. Mr. Peck addressed the Commission and stated the Commission needs to look at the complete subdivision not just Phase 1.

In discussion, Commission members noted:
· Need a list of people that were notified of the application. (Mr. Shepard will provide.)
· The applicant is missing information needed for the Special Exception Earth Removal Application. The Commission asked the applicant to reread Section 8 of the Zoning Regulations and submit missing information.
· There are two roads parallel to each other. Two lots with roads on both sides.
· Why didn’t you try to connect the two roads? (Mr. Shepard responded the land is to steep to connect.)
· Proposed roads will be access to Beacon Falls property.
· Will schedule site visit.

Chairman Huxley then asked if there were any comments from the public. The following public members spoke:

1) Don Murphy of 67 Tawney Drive – Mr. Murphy questioned the timing to complete the subdivision and will it be one builder for the subdivision or individual lot sales. Also, Mr. Murphy commented on the open space, the two proposed roads and the traffic that will be created on Tawney Drive.
2) Carol Reed of 70 Tawney Drive – Mrs. Reed questioned the phasing of the open space.







3) Mark Cullen of 69 Tawney Drive – Mr. Cullen would like to listen to more information about the earth removal application. Mr. Cullen asked if Mesa Construction will be doing the excavation work and stated that Mesa is still operating a gravel operation on two lots in the Mesa Drive area that Mesa did not sell. Mr. Cullen also asked the Commission to consider the amount of traffic that will transpire from the proposed subdivision.
4) Diane Betkowski of 133 Blackberry Hill, Beacon Falls - Mrs. Betkowski asked for clarification on the open space and the amount of property that borders Beacon Falls.
5) Barbara Parente of 12 Mesa Drive – Mrs. Parente spoke in favor of the proposed subdivision and stated the land has been used and abused and should be developed.
6) Marc Adelberg of 29 Mesa Drive – Mr. Adelberg questioned if there were other options or configurations for the roads and feels roads are close together. Also, Mr. Adelberg commented on the development of the Beacon Falls property and the amount of clear cutting.
7) Robert Betkowski of 231 Blackberry Hill, Beacon Falls – Mr. Betkowski indicated that he has a property line issue. Mr. Betkowski believes his property was clear cutted and is working with Surveyor Mike Horbel, who confirmed clear cutting was done on his property.
8) Don Charboneau of 141 Northrop Road – Mr. Charboneau commented that Lot 13 wraps around Lot 8.


Ken Martin, Chairman of the Conservation Commission, submitted Exhibit 1K, pertaining to the open space goals and other concerns for the proposed Woodward Estates Subdivision, and reviewed with the Commission. Mr. Martin stated he will review the rest of the details at the next hearing date after the site walk.

The commission scheduled a Continuation of the Public Hearing/Site Visit on Sunday, January 17, 2010, at 11:00 a.m. The Commission members will meet at the subject property.

At 10:07 p.m., Chairman Huxley recessed the public hearing and continued it to the next regular meeting on Wednesday, February 3, 2010, in the Commission Meeting Room of the Bethany Town Hall.


OLD BUSINESS

1. 26 and 46 Mesa Drive, Application #2009-026, submitted by Al Shepard, P.E. For J. Woodward for a Special Exception Permit for Two Rear Lots – Public hearing continued to February 3, 2010. Tabled.

2. 26 and 46 Mesa Drive, Application #2009-027, submitted by Al Shepard, P.E. For J. Woodward for a Thirteen-Lot Subdivision – Public hearing continued to February 3, 2010. Tabled.


3. 26 and 46 Mesa Drive, Application #2009-026, submitted by Al Shepard, P.E. For J. Woodward for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – Public hearing continued to February 3, 2010. Tabled.

4. 3 Northrop Road, Application #2009-032 submitted by Nadia Fainstein for a Special Exception Permit for an Accessory Apartment – The Commission received a letter dated December 30, 2009, from Nadia Fainstein, 3 Northrop Road property owner, withdrawing Application #2009-032.

5. Proposed Zoning Amendments – Section 8 and Section 14 – Public hearing scheduled for February 3, 2010.

6. Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.

7. Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Hiram Peck, Planning Consultant, recommended going to public hearing with the amendment. The Commission scheduled a public hearing date of Wednesday, March 3, 2010, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.

8. Town Plan Revision – Discussion and possible action – Hiram Peck, Planning Consultant, incorporated changes submitted at the previous meeting (December 2, 2009) and distributed revised copies to Commission members, discussed and Commission members made recommendations. Mr. Peck will make changes and report back at next meeting, February 3, 2010. Tabled.

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

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

11. Update on Halter Estates – Tabled.


It was moved by Spear and seconded by Shurtleff to adjourn the regular meeting at 10:08 p.m.
Unanimous approval.

Respectfully submitted,


Antonia Marek, Clerk
For the Planning and Zoning Commission