Thursday, April 15, 2010

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, APRIL 7, 2010 Page 1 of 16


The regular meeting of the Planning and Zoning Commission was called to order at 7:07 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 7:16 p.m.
John Ford IV, Member
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member, seated as a voting member, as needed.
Donald Shea Jr., Alternate Member
Nellie Rabinowitz, Alternate Member

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


APPROVAL OF MINUTES

1. It was moved by Winer and seconded by Shurtleff to approve the minutes of the March 3, 2010, Regular Meeting with the following correction:
Page 3, Under BILLS, Item #2 – Reads “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 January 2010” Change to “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 February 2010”.
Voting for: Huxley, Ford, Shurtleff, Winer, Adelberg.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from South Central Connecticut Regional Planning Commission, dated March 12, 2010, Re: Review comments on the Town of Bethany: Proposed Plan of Conservation and Development.
2. Letter from Regional Water Authority, dated April 6, 2010, Re: Review of the revised draft Town Plan of Conservation and Development.
3. Letter from concerned Fairwood Road resident, dated March 29, 2010, Re: Outside storage at 435 Fairwood Road.
4. Letter from Rod White, Fire Marshal, dated March 31, 2010, Re: 443 Fairwood Road, proposed Commercial Auto Repair Facility.


5. Letter from Quinnipiack Valley Health District, dated March 30, 2010, Re: Review comments for 443 Fairwood Road, Commercial Auto Repair Facility.
6. Copy of Inland Wetlands Permit #1022-M-2 for 63 Downs Road to construct a septic system, approved on March 22, 2010.
7. Letter from Marc D’Andrea, dated March 29, 2010, Re: Statement of Use for 860 Carrington Road.
8. Email from Town Attorney Kevin McSherry to Isabel Kearns, ZEO, dated March 10, 2010, Re: Proposed Zoning Regulation Amendment to Section 14.1.B.5.e – Zoning Board of Appeals.
9. Email from Town Attorney Kevin McSherry to Karen Walton, Assistant ZEO, dated March 22, 2010, Re: 2 Clay Road, compliance request to be handled by the Town Attorney.
10. Letter from Karen Walton, Assistant ZEO, to Mr. Mrs. Ryker of 2 Clay Road, dated March 4, 2010, Re: Voluntary compliance with acquired inventory at 2 Clay Road pertaining to zoning violations.
11. Letter from Isabel Kearns, ZEO, to MWP, LLC of 99 and 100 Mesa Drive, dated March 5, 2010, Re: Notice of Violation of Section 8 of Zoning Regulations at 99 and 100 Mesa Drive.
12. Letter from anonymous Bethany resident, submitted March 18, 2010, Re: Contamination to water and school’s wells from the Verib Property on Peck and Bethmour Road.
13. Letter from State of Connecticut, Department of Consumer Protection, dated March 1, 2010, Re: Statement to protect the public by providing guidance to authorities concerning which GIS data elements might fall under the definition of Land Surveying.
14. Letter from Land-Tech Consultants, Inc., dated March 18, 2010, Re: Erosion and Sediment Control of Stormwater Management Monitoring.
15. Letter from King’s Mark Resource Conservation and Development Area, Inc., dated March 2010, Re: Environmental Review Team Program.
16. Letter from South Central CT Regional Planning Commission, dated March 12, 2010, Re: Review of Town of Cheshire: Proposed Zoning Regulation Amendments to Section 31-Prohibited Uses and Section 46-Flood Plain Management Regulations.
17. Letter from South Central CT Regional Planning Commission, dated March 12, 2010, Re: Review of Town of Cheshire: Proposed Zoning Regulation Amendments to Sections 24.4, 30, 33, 40.2.1 and 41.2.1.
18. Letter from South Central CT Regional Planning Commission, dated March 12, 2010, Re: Review of Town of Hamden: Proposed Zoning Regulation Amendment to Section 724-Temporary Permits.
19. Letter from Town of Beacon Falls, submitted April 7, 2010, Re: Public hearing May 20, 2010, regarding proposed amendment to Section 10 of Beacon Falls Zoning Regulations.





PUBLICATIONS AND WORKSHOPS

1. Connecticut Technology Transfer, Spring 2010.
2. Soil and Water, Southwest Conservation District Newsletter, Spring 2010.
3. CLEARscapes, A newsletter of the Center for Land Use Education and Research at the University of Connecticut, Spring 2010.
4. The Connecticut Landscape Architect, Winter 2010.


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 March 2010, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.

2. It was moved by Shurtleff and seconded by Winer to approve the payment of a bill for $95.00, dated March 3, 2010, from John McLeod (Court Stenographer) for recording services for the public hearing (63 Downs Road, 26 and 46 Mesa Drive and proposed amendments to Zoning Regulations).
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO, reported on the following:

185 Beacon Road/Cusano – Will be meeting with Town Attorney and Cusano’s Attorney.


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


NEW BUSINESS

1. 3 Northrop Road – Discussion with ZEO regarding accessory apartment – Present to speak for this discussion was Isabel Kearns, ZEO. Also present was Nadia Fainstein, owner of record for 3 Northrop Road. The ZEO stated that Mrs. Fainstein is requesting a refund of monies submitted for applications submitted to PZC and ZBA through her guidance which was incorrect and the applications were withdrawn. The Commission requested the ZEO prepare two motions for the unexpended fees and submit to the Commission for the next regular meeting on May 5, 2010.


2. 860 Carrington Road, Application #2010-008 submitted by Marc D’Andrea for a Special Exception Permit for Outside Storage –
The Commission formally received the application. No one was present to speak on behalf of the application. Isabel Kearns, ZEO, recommended the Commission schedule a public hearing date. The Commission scheduled a public hearing for Wednesday, May 5, 2010. Tabled.

3. 860 Carrington Road, Application #2010-009 submitted by Marc D’Andrea for a Change of Use Permit – sports field and golf industry/turf construction and renovation –
The Commission formally received the application. No one was present to speak on behalf of the application. Tabled.


PUBLIC HEARINGS

· The revised draft of the Bethany Town Plan of Conservation and Development –

At 7:38 p.m., Chairman Huxley called to order the public hearing on the revised draft. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.

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

1) Randy Raddatz of 22 Bethridge Road – Mr. Raddatz expressed his concern with the potential village district located along Amity Road from Old Amity Road to north of Village Lane.
2) Linda Francois of 128 Brooks Road – Ms. Francois stated she was pleased with the proposed plan and the implementation of the goals of the Open Space Plan.
3) Ken Martin of 344 Sperry Road and Chairman of the Conservation Commission – Mr. Martin stated he is in favor of the concept of the village district. Also, Mr. Martin stated the pictures in the plan are a positive force in what needs to be preserved in the Town of Bethany.
4) First Selectman Derrylyn Gorski – First Selectman Gorski complimented the Commission for a job well done preparing the draft Town Plan.

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 South Central Connecticut Regional Planning Commission, dated March 12, 2010, Re: Review comments on the Town of Bethany: Proposed Plan of Conservation and Development. Maps in table of context not consistent and need to be fixed.



Exhibit 1B - Letter from Regional Water Authority, dated April 6, 2010, Re: Review of the revised draft Town Plan of Conservation and Development.

Hiram Peck, Planning Consultant, presented a brief summary of the proposed draft of the Town Plan of Conservation and Development. Mr. Peck stated it was a pleasure working with the Commission and Mr. Ken Martin of the Conservation Commission.

The Commission members thanked Mr. Peck for the hours he spent on this project.

At 8:01 p.m., Chairman Huxley closed the public hearing on the subject application.


· 443 Fairwood Road, Application #2010-005 for a Special Exception Permit to locate a Commercial Auto Repair Facility, Application #2010-006 for a Site Plan for a Commercial Auto Repair Facility and Signage, Application #2010-007 for a Special Exception Permit for Temporary Outside Storage submitted by EMG Properties LLC/Nino Auto Service LLC –

At 8:02 p.m., Chairman Huxley called to order the public hearing. 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 – Submitted by John Paul Garcia, a copy of a map, untitled, with handwritten notes concerning the location of the outside storage, submitted April 1, 2010.
Exhibit 1B – Submitted by John Paul Garcia, a map entitled, “Site Development Plan, EMG Properties LLC, 443 & 437 Fairwood Road, Bethany, Connecticut 06524”, dated December 16, 2009, revised to February 17, 2010, prepared by John Paul Garcia & Associates, Bethany, Connecticut.
Exhibit 1C - Letter with three photographs of 256 Amity Road, Nino Performance, from a concerned Fairwood Road resident, dated March 29, 2010, Re: Outside storage at 435 Fairwood Road.
Exhibit 1D - Letter from Rod White, Fire Marshal, dated March 31, 2010, Re: 443 Fairwood Road, proposed Commercial Auto Repair Facility.
Exhibit 1E - Letter from Quinnipiack Valley Health District, dated March 30, 2010, Re: Review comments for 443 Fairwood Road, Commercial Auto Repair Facility.

Present to speak on behalf of the application was John Paul Garcia, P.E./L.S., representing the applicant, William Grieger, who was also present. Mr. Garcia reviewed the proposed project. Mr. Garcia asked to modify the application (#2010-007) for a Special Exception Permit for Temporary Outside Storage to Permanent Outside Storage.


Hiram Peck, Planning Consultant, advised the Clerk to renotice the public hearing for a Special Exception Permit for Outside Storage.

Mr. Garcia also stated his client would like to be allowed to work on heavy equipment. Chairman Huxley advised Mr. Garcia that he will need to clarify exactly what type of facility his client is asking for and exactly what will be stored outside. Mr. Garcia will submit the information requested for the next public hearing.

Chairman Huxley then asked if there were any comments from the public. The following public member spoke:
1) John Norbach of 817 Amity Road – Mr. Norbach stated he just learned of this proposal and would like to review the plans. Mr. Garcia gave Mr. Norbach a copy of the plans.

At 8:35 p.m., Chairman Huxley recessed the public hearing on the subject application and continued it to the next regular meeting on Wednesday, May 5, 2010, in the Commission Meeting Room of the Bethany Town Hall. Tabled.


· 63 Downs Road, Application #2010-003 submitted by Roger and Mary Ellen Simon for a Site Plan Modification -

At 7:32 p.m., Chairman Huxley called to order the continuation of the public hearing on the subject application. The call for the public hearing was read.

Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 2A – Copy of Inland Wetlands Permit #1022-M-2 for 63 Downs Road to construct a septic system, approved on March 22, 2010.

Present to speak on behalf of the application was John Paul Garcia, P.E./L.S., representing the applicants, Roger and Mary Ellen Simon. Mr. Garcia stated the Commission was waiting for the Inland Wetlands Approval, which has been received and has been given an exhibit number (Exhibit 2A).

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

At 7:37 p.m., Chairman Huxley closed the public hearing on the subject application.







OLD BUSINESS

1. Discussion with ZEO regarding proposed amendments to the Floodplain Management Regulations – Present to speak regarding the proposed amendments to the Floodplain Management Regulations was Isabel Kearns, ZEO. The ZEO recommended the Commission schedule a public hearing date. The Commission scheduled a public hearing date of Wednesday, May 5, 2010, at the regular meeting. Tabled.

2. Discussion with ZEO regarding Signage at Airport – Present to speak regarding the Signage at the Airport was Isabel Kearns, ZEO. The ZEO stated there is confusion with the Bethany Lions Club as to who is requesting the sign. Hiram Peck, Planning Consultant, reviewed some possibilities of types of signs. Chairman Huxley stated this needs to be forwarded to the Board of Selectman and asked the ZEO to prepare a letter to the Board of Selectman. Tabled.


Nellie Rabinowitz, Alternate Member, left the meeting at 9:06 p.m.
Marc Adelberg recused himself at 9:06 p.m.

3. 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 –
4. 26 and 46 Mesa Drive, Application #2009-027, submitted by Al Shepard, P.E. For J. Woodward for a Thirteen-Lot Subdivision –
5. 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 –

Hiram prepared at draft resolution. Commission members reviewed and then proceeded to deliberate.

Re: Application of James W. Woodward Jr., owner as submitted by Alan Shepard, P.E. agent, for a 13 lot subdivision of 82.01 acres of property in Bethany, CT with road frontage on Mesa Drive and Northrop Road as shown on submitted maps and plans as referenced on the attachment to this resolution; and

Re: Application of James W. Woodward Jr., owner as submitted by Alan Shepard, P.E. agent, for a Special Exception for 2 rear lots as part of a 13 lot subdivision of 82.01 acres of property in Bethany, CT with road frontage on Mesa Drive and Northrop Road as shown on submitted maps and plans; and

Re: Application of James W. Woodward Jr., owner as submitted by Alan Shepard, P.E. agent, for a Special Exception for earth removal, excavation, filling, stockpiling and grading on property as shown on submitted maps and plans.



At a regular meeting held on April 7, 2010, the Bethany Planning and Zoning Commission considered the above referenced applications and took the following action:

Upon a motion regarding the 13 lot subdivision as referenced above, made by Commissioner Ford and seconded by Commissioner Spear, the following resolution was (unanimously) adopted. Voting on this application: Huxley, Spear, Ford, Shurtleff, and Winer.
Note: Commissioner Adelberg has recused himself from this application.

Whereas, the Commission held a public hearing which was opened on January 6, 2010, continued to February 3, 2010, and closed on March 3, 2010, and took all testimony as required by law; and

Whereas, the Commission finds, based on information at the public hearing and confirmed by the Town’s consulting engineer that the proposed location of the intersections of Clifford Drive and Silsby Road with existing Mesa Drive does not meet the established Town Road Specifications § 166-11. Intersections. The minimum separation distance of 400 feet is not met; and

Whereas, the Planning and Zoning Commission share joint jurisdiction with the Board of Selectmen in subdivision road standards and requirements; and

Whereas, no request has been made to the Planning and Zoning Commission to waive or vary this requirement;

Therefore, be it resolved that any portion of the proposed 13 lot subdivision relying on access from Clifford Drive or Silsby Road is hereby denied. This denial includes all activities as shown on the submitted maps and plans and also includes any grading activity in this area.

However, the Commission finds that access to proposed lots 5, 6 and 7 may be obtained either by proposing access directly from existing Mesa Drive or by means of a properly designed driveway from existing Mesa Drive to the proposed location of the proposed access from the land shown as the right of way for Silsby Road at this time.

Therefore, the Commission approves the location and boundaries of lots 5, 6 and 7, as shown on the record subdivision map with the modification that the applicant is required to return to the Commission for approval and certification of the erosion and sedimentation control plan associated with the proposed development of any of these lots prior to the issuance of a building permit for any of these lots.





Finally as to this application, the Commission finds, based on information and testimony from the Conservation Commission, that the open space dedication, phased as proposed is unacceptable at this time and therefore, requires the full dedication of the required 20% open space of the 82.01 acres proposed for the subdivision at this time as shown on the submitted maps and plans.

Therefore, the required open space dedication shall be shown on any record map showing lots 5, 6 and 7, which is submitted for signing by the Chairman and proposed for filing on the Bethany Land Records. Furthermore, the open space demarcation and delineation shall be shown on any such record map and so demarcated and delineated in the field in accordance with the standards of the Bethany Land trust.

Furthermore,

In consideration of the above denial of the location of the proposed subdivision roads, and upon a motion regarding the application for 2 rear lots as referenced above and as shown on submitted maps and plans, made by Commissioner Shurtleff and seconded by Commissioner Ford, the following resolution was (unanimously) adopted. Voting on this application: Huxley, Spear, Ford, Shurtleff, and Winer.
Note: Commissioner Adelberg has recused himself from this application.

Whereas, the Commission finds that proposed lot 9 is shown as one of the 2 proposed rear lots; and

Whereas, the Commission finds that no other rear lot is shown on the subject application maps or plans; and

Whereas, the application for 2 rear lots cannot be approved as 2 rear lots are not presented as part of the subject application. The application for rear lot number 9 is denied at this time until properly graded and approved access can be shown for such lot and is approved as part of an overall revised subdivision and grading plan. Without proper access the rear lot cannot be approved.

Therefore, be it resolved that the application of James W. Woodward Jr., owner as submitted by Alan Shepard, P.E. agent, for a Special Exception for 2 rear lots as part of a 13 lot subdivision of 82.01 acres of property in Bethany, CT with road frontage on Mesa Drive and Northrop Road as shown on submitted maps and plans is hereby denied.

Upon a motion regarding the application for earth removal, excavation, filling, stockpiling and grading as referenced above and as shown on submitted maps and plans, made by Commissioner Ford and seconded by Commissioner Shurtleff, the following resolution was (unanimously) adopted. Voting on this application: Huxley, Spear, Ford, Shurtleff, and Winer.
Note: Commissioner Adelberg has recused himself from this application.


Whereas, according to the submitted maps, plans and calculations, the applicant proposes to remove 28,980 cubic yards of earth material from the property with a net removal shown for proposed phase 1 of 2,130 cubic yards and a net removal of 11,250 cubic yards from proposed phase 2a and a net removal of 11,600 cubic yards from proposed phase 2b and a net removal of 4,000 cubic yards from proposed phase 3; and

Whereas, the location of the proposed roads and therefore any activity including any excavation, grading and stockpiling in connection with Clifford Drive and Silsby Road has been denied; and

Whereas, the grading for the remaining lots has been proposed on the submitted maps and plans as follows:

1. Proposed phase 1 of the subdivision includes lots 5, 6 and 7 and whereas, these lots may be accessed as proposed without the construction of approximately 400 lineal feet of Silsby Road, but could instead be accessed directly from Mesa Drive or from a driveway along the proposed Silsby Road right of way. These 3 lots are therefore approved in the configurations shown.

2. Proposed phase 2 of the subdivision as shown on submitted maps and plans includes lots 1, 2 and 4 and Clifford Road. Lots 1, 2 and 4 are not able to be accessed as both Silsby Road and Clifford Drive have been denied

3. Proposed phase 3 of the subdivision as shown on submitted maps and plans includes lots 3, 8, 9, 10, 11, 12, 13, Silsby Road and Open Space. The Commission finds this unacceptable at this time due to the fact that the access to these lots has been denied.

Whereas, the Commission notes that the applicant has agreed, during the public hearing to grade the side slopes in accordance with either the Town Road Specifications or alternatively at a 2:1 side slope as suggested by item 3.f. of the Nafis and Young memo dated January 28, 2010. The Commission may tend to accept such a proposal if proper information were submitted. However, the applicant has not submitted any information regarding the change in earth removal, excavation, filling and stockpiling calculations as part of this request. Hence, while the Commission might view this revision to the application (maps, calculations and plans) in a positive light, there is no information as part of this application upon which to base such a finding; and

Whereas, the Commission specifically also finds that the proposal to place a temporary rock crushing operation in the cul-de-sac of the proposed Clifford Drive is not acceptable as Clifford Drive has been denied as it does not meet the required separation standards for Town Roads in the Town of Bethany, thus eliminating this aspect of the earth removal operation; and



Whereas, the Commission also finds that no plans have been submitted as part of this application which would allow the Commission to determine an alternate, acceptable location for a temporary rock crushing operation on the subject site. The placement of a temporary rock crushing operation on this site is hereby denied; and

Whereas, the Commission also finds that the plans for grading the site in the overlapping fashion do not comply with the request for clarification of the grading sequence which was requested during the public hearing, thus leaving the Commission with inconsistent and conflicting information regarding the phasing of the proposed earth excavation operation at this site.

Therefore, be it resolved that the application of James W. Woodward Jr., owner as submitted by Alan Shepard, P.E. agent, for a Special Exception for earth removal, excavation, filling, stockpiling and grading on property as shown on submitted maps and plans is hereby denied.

It should be noted that the Commission finds that the proposed phased dedication of open space does not correlate with the proposed phasing of the subdivision or the proposed phasing of the grading and excavation. As a result, the Commission suggests that if the application is reformulated and resubmitted that the open space dedication be proposed to be done simultaneously with the filing of the subdivision map. The layout, allocation and logic of the proposed open space phasing has been found to be unacceptable to the Conservation Commission, which the Planning and Zoning Commission finds instructive and persuasive in this matter.

The Commission would also like the applicant to note that it strongly recommends the application, especially the road and lot layout be reformulated. The Commission believes the allocation of the proposed open space and the possible amendment of any open space allocation agreement be carefully considered in consultation with the Conservation Commission and the Planning and Zoning Commission before any formal resubmission is made. The Commission would welcome future informal and nonbinding discussions on these matters as is provided for under CGS.

Attachment:
The latest maps and plans which were submitted as part of this application are as follows:

Set of plans submitted on March 3, 2010, prepared by Nowakowski – O’Bymachow – Kane & Associates

1) Record Subdivision Map (1 of 5) (100 scale), dated January 4, 2008, last revised February 11, 2010.
2) Record Subdivision Map (2 of 5) (100 scale), dated January 4, 2008, last revised February 11, 2010.



3) Record Subdivision Map (3 of 5) (100 scale), dated January 4, 2008, last revised February 11, 2010.
4) Record Subdivision Map (4 of 5) (100 scale), dated January 4, 2008, last revised February 11, 2010.
5) Record Subdivision Map (5 of 5) (100 scale), dated January 4, 2008, last revised February 11, 2010.
6) Overall Site Plan (200 scale), dated January 4, 2008, last revised February 11, 2010.
7) Overall Site Plan (100 scale), dated January 4, 2008, last revised February 11, 2010.
8) Site Development Plan (1 of 5), dated January 4, 2008, last revised February 11, 2010.
9) Site Development Plan (2 of 5), dated January 4, 2008, last revised February 11, 2010.
10) Site Development Plan (3 of 5), dated January 4, 2008, last revised February 11, 2010.
11) Site Development Plan (4 of 5), dated January 4, 2008, last revised February 11, 2010.
12) Site Development Plan (5 of 5), dated January 4, 2008, last revised February 11, 2010.
13) Plan & Profile – Clifford Road, dated January 4, 2008, last revised February 11, 2010.
14) Plan & Profile – Silsby Road (1 of 2), dated January 4, 2008, last revised February 11, 2010.
15) Plan & Profile – Silsby Road (2 of 2), dated January 4, 2008, last revised February 11, 2010.
16) Detention Basin Detail For Basin A, dated January 4, 2008, last revised February 11, 2010.
17) Construction Details, dated January 4, 2008, last revised February 11, 2010.
18) Fire Hydrant Plan, dated January 4, 2008, last revised January 5, 2009.
19) Road Soil Erosion & Sedimentation Control Plan – Phase 2, dated January 4, 2008, last revised February 11, 2010.
20) Road Soil Erosion & Sedimentation Control Plan – Phase 3, dated January 4, 2008, last revised February 2, 2010.


6. Proposed amendments to the Bethany Zoning Regulations in Section 8 – Earth Removal, Excavation, Filling, Stockpiling and Grading under Section 8.3.B.3 – Notice to Abutting Property Owners and Section 14 – Zoning Board of Appeals under Section 14.1.B.5.e – Zoning Variances and Section 14.3 – Public Hearings – Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.






It was moved by Shurtleff and seconded by Winer to approve the following resolution:

Whereas, the Planning and Zoning Commission of the Town of Bethany proposed Zoning Regulation Amendments to Section 8 – Earth Removal, Excavation, Filling, Stockpiling and Grading (specifically, Section 8.3.B.3) and Section 14 – Zoning Board of Appeals (specifically, Sections 14.1.B.5.e and 14.3), as follows:

Section 8.3.B.3 - Notice to Abutting Property Owners:
Delete A. and B.
and replace with:
Special Exception Permit. The applicant shall notify surrounding property
owners within (500) feet of the boundaries of the subject property of the
applicant’s name and time, date, place and purpose of the public hearing and
shall do so by first class mail on forms provided by the Commission. Said notice
shall be mailed at least ten (10) days prior to the public hearing date, not
including the date of the mailing and the date of the hearing. The applicant or
the applicant’s agent shall provide a “certificate of mailing” at the time of the
public hearing, as part of the applicant’s record.

Section 14 – Zoning Board of Appeals
Change to read as follows:
Section 14.1.B.5.e. Approval of a variance shall be conditioned upon the applicant's filing of a copy of the variance in the Town Clerk's Office and the recording of a Board-certified copy of the variance on the Bethany Land Records. The filing and recording shall not be valid until a copy of the variance is filed on the land records.

Change to read as follows:
Section 14.3.C. The applicant shall notify surrounding property owners within one hundred (100) feet of the boundaries of the subject property of the applicant’s name and time, date, place and purpose of the public hearing and shall do so by first class mail on forms provided by the Commission. Said notice shall be mailed at least ten (10) days prior to the public hearing date, not including the date of the mailing and the date of the hearing. The applicant or the applicant’s agent shall provide a “certificate of mailing” at the time of the public
hearing, as part of the applicant’s record.

Whereas, advertisement for the public hearing on the adoption of these proposed Zoning Regulations was duly noticed and copies of the same Regulations were on file in the Town Clerk’s Office as per the State Statutes;





Whereas, the Commission opened a public hearing to discuss the proposed Zoning Regulation Amendments to Sections 8 and 14 on February 3, 2010. Said hearing was subsequently recessed until March 3, 2010, and closed at the conclusion of testimony that evening;

Whereas, the Commission received two letters from the Valley Council of Governments dated January 19, 2010, and January 29, 2010. The letters stated there was no inter-municipal impact regarding the proposed zoning regulation amendments with no negative regional impact.

Whereas, the Commission at its regular meeting held on April 7, 2010, considered the adoption of these proposed regulations and the testimony regarding the same;

Now Therefore Be It Resolved, that pursuant to Section 8-3 of the Connecticut General State Statutes, the Planning and Zoning Commission adopts the proposed Zoning Regulation Amendments to Sections 8.3.B.3, Section 14.1.B.5.e and Section 14.3, as stated above. The adopted regulation amendments shall become effective May 1, 2010.
Unanimous approval.

7. Proposed amendment to the Bethany Zoning Regulations to add Section 5A – Permitting, Construction, Operation, Maintenance and Abandonment of Small Wind Energy Systems – Public hearing closed March 3, 2010. Tabled.

8. 63 Downs Road, Application #2010-003 submitted by Roger and Mary Ellen Simon for a Site Plan Modification for proposed barn – Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.

It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2010-003:

Whereas, Roger and Mary Ellen Simon applied to the Planning and Zoning Commission on January 6, 2010, for a site plan modification to construct a 72’ x 32’ barn at 63 Downs Road (#2010-003);

Whereas, the Commission at its meeting of April 7, 2010, considered the application information, testimony and other pertinent information relating to a site plan modification for a 72’ x 32’ barn at 63 Downs Road;

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

1) Rod White, Fire Marshal, signed off on the back of the application form indicating his approval on February 29, 2010.



2) Inland Wetland Permit #1022-M-2 was issued on March 22, 2010, for this site plan modification for the construction of a barn (septic added).
3) John Laudano, Quinnipiack Valley Health District representative, signed off on the back of the application form on January11, 2010, indicating that the proposed structure shall have only one toilet and one sink, no bathing facilities and no sleeping rooms.
4) Robert Walsh, Building Official, submitted correspondence dated October 18, 2005, which stated that the application is approved for a utility use only. Current or future residential use is not approved. Barn is to be used for storage only. The application, as submitted, is not approved for living or sleeping space.
5) In an e-mail dated February 20, 2010, from Hiram Peck to the Commission, Mr. Peck, Town Planner, stated that he did not see any evidence of drainage or stormwater scour from the subject property onto Downs Road in the area of the subject property on the morning of the inspection, February 20, 2010.

Now Therefore Be It Resolved, that pursuant to the Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves Application #2010-003 submitted by Roger and Mary Ellen Simon for a site plan modification to construct a 72’ x 32’ barn (septic included) located at 63 Downs Road as shown on the following plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
a) “Proposed Site Plan”, dated January 13, 2005, last revised November 29, 2005, Drawing No. C-1.
b) “Proposed Site Plan”, dated November 29, 2005, with no revisions, Drawing No. C-2.

And with the following conditions:

1) The building may not be used for commercial activity or living or sleeping space.
2) All equipment stored in the building will only be used to maintain the property and will not leave the property.
3) No office or business will operate within the structure.
4) The driveway to the barn shall be 14 feet wide and have clearance of 14 feet in height.
5) A “Notice” shall be placed on the land records stating that the barn may not be used for commercial activity or living or sleeping space and shall have only one toilet and one sink and no bathing facilities.
Unanimous approval.







9. Revised Draft of the Town Plan of Conservation and Development – Mr. Peck will add more pictures to the draft and organize the maps. Tabled.

10. 443 Fairwood Road, Application #2010-005 submitted by EMG Properties, LLC for a Special Exception Permit to locate a Commercial Auto Repair Facility – Public hearing continued to May 5, 2010. Tabled.

11. 443 Fairwood Road, Application #2010-006 submitted by EMG Properties, LLC for a Site Plan for Commercial Auto Repair Facility and Signage – Public hearing continued to May 5, 2010. Tabled.

12. 443 Fairwood Road, Application #2010-007 submitted by EMG Properties, LLC for a Special Exception Permit for Temporary Outside Storage – Public hearing continued to May 5, 2010. Tabled.

13. Discuss increasing application fees – Karen Walton, Assistant ZEO, prepared a Land Use Fee Schedule Comparison and handed out to Commission members for review. Tabled.

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

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

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

17. Update on Halter Estates – Tabled.



It was moved by Shurtleff and seconded by Ford to adjourn the regular meeting at 9:25 p.m.
Unanimous approval.

Respectfully submitted,


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