Friday, May 14, 2010

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, MAY 5, 2010 Page 1 of 10

The regular meeting of the Planning and Zoning Commission was called to order at 7:05 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 IV, Member
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member
Donald Shea Jr., Alternate Member
Nellie Rabinowitz, Alternate Member, seated as a voting member, as needed.

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 Ford and seconded by Winer to approve, as submitted, the minutes of the March 31, 2010, Special Meeting.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.

2. It was moved by Winer and seconded by Shurtleff to approve the minutes of the April 7, 2010, Regular Meeting, with the following correction:
· Page 4, Last Paragraph, Last Sentence – Reads “Maps in table of context not consistent and need to be fixed.” Change to “Maps in table of contents not consistent and need to be fixed.”
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from John Paul Garcia, dated May 4, 2010, Re: 443 and 447 Fairwood Road, requesting postponement of public hearing for 30 days.
2. Letter from John Paul Garcia, dated April 29, 2010, Re: 443 Fairwood Road, Response to request of potential uses of the property.
3. Copy of Inland Wetlands Permit #1134 for 437 and 443 Fairwood Road for the site development, approved on April 26, 2010.


4. Letter from Inland Wetlands Commission, dated April 29, 2010, Re: 860 Carrington Road, No Inland Wetlands Commission action required.
5. Letter from Quinnipiack Valley Health District, dated May 3, 2010, Re: Comments from review of proposal for 860 Carrington Road, Aqua Turf Irrigation with four attachments: QVHD letter dated April 30, 2010, Aqua Turf letter dated May 3, 2010, QVHD letter dated April 23, 2010, Water Analysis Report dated April 8, 2010.
6. List submitted by Marc D’Andrea, Re: Equipment List owned by Aqua Turf Irrigation for 860 Carrington Road.
7. Letter from South Central Connecticut Regional Water Authority, dated May 4, 2010, Re: Comments from review of Application 2010-008 and 2010-009, 860 Carrington Road.
8. Email from Eugene Livshits of SCRCOG, dated April 19, 2010, Re: RPC will review proposed amendments at the RPC meeting on May 13, 2010.
9. Email from Diane Ifkovic, DEP, dated April 21, 2010, Re: Review comments from notice of draft changes to the floodplain management regulations.
10. Email from Diane Ifkovic, DEP, dated April 28, 2010, Re: FEMA Flood Maps, revised effective date.
11. Letter from Isabel Kearns, ZEO, dated May 3, 2010, Re: 3 Northrop Road, fees collected and expended.
12. Letter from Isabel Kearns, ZEO, to First Selectman, dated April 12, 2010, Re: Town Sign at Airport property.
13. Letter from Ilber Ramadani dated April 28, 2010, Re: New owner of Bethany Restaurant and Pizza of 696 Amity Road.
14. Letter from RPC to Town of Beacon Falls, dated April 12, 2010, Re: Review comments on Town of Beacon Falls proposed zoning regulation amendments.
15. Email from Eugene Livshits of SCRCOG, dated April 20, 2010, Re: Town of Cheshire proposed amendments to Town’s Zoning Code with attachment from Town of Cheshire.


BILLS

1. It was moved by Shurtleff and seconded by Spear to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for April 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 April 7, 2010, from John McLeod (Court Stenographer) for recording services for public hearings (draft Town Plan of Conservation and Development, 443 Fairwood Road, 63 Downs Road).
Unanimous approval.





ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION


Isabel Kearns, ZEO, reported on the following:

185 Beacon Road, Cusano – Working with Cusano’s attorney to rectify violations and Cusano’s will not comply. The ZEO distributed a draft of the Cease and Desist order to be issued for the Commission to review.


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


NEW BUSINESS

1. 3 Northrop Road, Application #2010-010 submitted by Nadia Fainstein for a Special Exception Permit for an Accessory Apartment – Present to speak on behalf of this application was Isabel Kearns, ZEO, who prepared a letter to the Commission, dated May 3, 2010, pertaining to the application fees that were collected and expended from previous applications that were withdrawn. It was moved by Spear and seconded by Winer to approve the following ZEO recommendation:

With regard to recent applications for an accessory apartment at 3 Northrop Road, the Commission agrees with the ZEO’s determination that $247.06 should be refunded for the unused portion of Planning and Zoning Application #2009-032. Furthermore, the Commission agrees that the $360.00 Zoning Board of Appeals Application Fee be applied to the Planning and Zoning Application #2010-010, which is currently before the Commission. Unanimous approval.

It was moved by Shurtleff and seconded by Spear to schedule a public hearing date of Wednesday, June 2, 2010, for Application #2010-010 submitted by Nadia Fainstein for a Special Exception Permit for an Accessory Apartment. Unanimous approval.


PUBLIC HEARINGS

· 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 Outside Storage submitted by EMG Properties LLC/Nino Auto Service LLC –


At 8:02 p.m., Chairman Huxley called to order the continuation of the public hearing. The call for the public hearing was read. The hearing was opened on April 7, 2010.

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 – Letter from John Paul Garcia, dated April 29, 2010, Re: 443 Fairwood Road, Response to request for an explanation of potential uses of the property.
Exhibit 2B - Copy of Inland Wetlands Permit #1134 for 437 and 443 Fairwood Road for the site development, approved on April 26, 2010.
Exhibit 2C - Letter from John Paul Garcia, dated May 4, 2010, Re: 443 and 447 Fairwood Road, requesting postponement of public hearing for 30 days.

John Paul Garcia, P.E./L.S., representing the applicant, was not present for the public hearing continuation. Mr. Garcia submitted a letter, dated May 4, 2010, requesting a 30-day postponement of the public hearing so that the legal notice could be amended to include 437 Fairwood Road.

At 7:37 p.m., it was moved by Winer and seconded by Spear to recess the public hearing on the subject application and continue it to the next regular meeting on Wednesday, June 2, 2010, in the Commission Meeting Room of the Bethany Town Hall. Unanimous.


· 860 Carrington Road, Application #2010-008 submitted by Marc D’Andrea (Aqua Turf Irrigation) for a Special Exception Permit for Outside Storage –

At 7:39 p.m., Chairman Huxley called to order the public hearing on Application #2010-008 for a Special Exception Permit for Outside Storage. 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 Inland Wetlands Commission, dated April 29, 2010, Re: 860 Carrington Road, No Inland Wetlands Commission action required.
Exhibit 1B - Letter from Quinnipiack Valley Health District, dated May 3, 2010, Re: Comments from review of proposal for 860 Carrington Road, Aqua Turf Irrigation with four attachments: QVHD letter dated April 30, 2010, Aqua Turf letter dated May 3, 2010, QVHD letter dated April 23, 2010, Water Analysis Report dated April 8, 2010.
Exhibit 1C – List submitted by Marc D’Andrea, Re: Equipment List owned by Aqua Turf Irrigation for 860 Carrington Road, with dotted items proposed to be stored outside.
Exhibit 1D - Letter from South Central Connecticut Regional Water Authority, dated May 4, 2010, Re: Comments from review of Application 2010-008 and 2010-009, 860 Carrington Road.

Exhibit 1E – Submitted by Tom Cavaliere, who was representing the applicant, one aerial photograph of the subject property, 860 Carrington Road.

Present to speak on behalf of the applicant was Mr. Tom Cavaliere of 27 Virginia Rail Drive. Mr. Cavaliere stated the applicant, Marc D’Andrea, is out of state and Mr. D’Andrea instructed Mr. Cavaliere to call him if there are any questions from the Commission.

In discussion, Commission members noted:
That the applicant will be adding arborvitaes and mesh screening.
That the Quinnipiack Valley Health District is concerned about the bacteria in the well (Exhibit 1B).
That the two portable garages are not on the site plan and therefore, will not be allowed.
That the existing metal type building will not be altered (Exhibit 1E).
That the Commission will allow outside storage from the setback to the outside of the building, which is a larger area than requested.

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

At 8:05 p.m., Chairman Huxley closed the public hearing on the subject application.


· Proposed amendments to the Bethany Zoning Regulations to Section 1.2-Definitions and various changes in Section 18–Floodplain Management Regulations.

At 8:06 p.m., Chairman Huxley called to order the public hearing on the proposed amendments to Section 1.2 – Definitions and various changes in Section 18 – Floodplain Management Regulations. 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 – Email from Diane Ifkovic, DEP, dated April 21, 2010, Re: Review comments from notice of draft changes to the floodplain management regulations.
Exhibit 1B - Email from Diane Ifkovic, DEP, dated April 28, 2010, Re: FEMA Flood Maps, revised effective date.
Exhibit 1C – Email from Eugene Livshits of SCRCOG, dated April 19, 2010, Re: RPC will review proposed amendments at the RPC meeting on May 13, 2010.

In discussion, Commission members noted:
The SCC Regional Planning Commission asked if the Commission would leave the hearing record opened for their review comments. RPC Meeting scheduled for May 13, 2010.


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

At 8:12 p.m., Chairman Huxley recessed the public hearing on the subject application and continued it to the next regular meeting on Wednesday, June 2, 2010, in the Commission Meeting Room of the Bethany Town Hall.


OLD BUSINESS

1. 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 June 2, 2010. Tabled.

2. 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 June 2, 2010. Tabled.

3. 443 Fairwood Road, Application #2010-007 submitted by EMG Properties, LLC for a Special Exception Permit for Outside Storage – Public hearing continued to June 2, 2010. Tabled.


4. 860 Carrington Road, Application #2010-008 submitted by Marc D’Andrea for a Special Exception Permit for Outside Storage – Isabel Kearns, ZEO, prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Spear and seconded by Shurtleff to approve the following resolution for Application #2010-008:

Whereas, Marc D’Andrea applied on April 7, 2010, to the Bethany Planning and Zoning Commission for a Special Exception Permit for Outside Storage to operate Aqua Turf Irrigation at 860 Carrington Road;

Whereas, David Francesconi, owner of 860 Carrington Road, in a letter dated April 5, 2010, authorized Marc D’Andrea to apply to the Planning and Zoning Commission to operate Aqua Turf Irrigation from the subject property;

Whereas, the Commission opened a public hearing on this application on May 5, 2010, and the hearing was subsequently closed at the conclusion of testimony that same evening;





Whereas, the Commission, at its regular meeting of May 5, 2010, considered the application information, testimony and other pertinent information relating to a request for the Special Exception Permit for Outside Storage to operate Aqua Turf Irrigation at 860 Carrington 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) Lynn Fox of Quinnipiack Valley Health District signed off on the back of the application form on May 3, 2010, indicating approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on May 3, 2010, indicating his approval.
3) The Commission received a letter from Ronald Walters of the South Central Connecticut Regional Water Authority, dated May 4, 2010, in which he states 1) underground fuel storage tanks and piping should be
prohibited and fuel stored on site should be kept in secondary containment and be sheltered from precipitation; 2) all vehicle and equipment servicing should be conducted indoors on an impervious surface with no discharges of fluids or chemicals to the environment; 3) harmful chemicals should be stored indoors; 4) Regional Water Authority Inspectors should be granted access during the annual inspection program.
4) The Commission received a letter dated April 29, 2010, from Patricia McGregor, Chairman for the Inland Wetlands Commission, which states that the outside storage and change of use does not pose any adverse impacts to the environment. Therefore, no Inland Wetlands Commission action is required.

Now Therefore Be It Resolved, that pursuant to Section 5.1.B of the Bethany Zoning Regulations, amended to April 7, 2010, the Bethany Planning and Zoning Commission approves the Special Exception Permit for Outside Storage to operate Aqua Turf Irrigation at 860 Carrington Road based on the submitted plan entitled “Subsurface Sewage Disposal System and Site Plan” dated January 1986 prepared by Robert L. Jones & Associates, with hand drawn revisions prepared by the applicant and submitted April 7, 2010, and as modified by the Commission to allow a greater area of outside storage. The area for outside storage shall be the area from the south side of the driveway to the southerly building line, as shown on Exhibit 1E (aerial photograph). This approval is also based on the following conditions:
No outside storage shall be placed within the 70-foot front-yard setback area.
Screening of the outside storage, as per above-referenced map, shall be in place prior to on-site outdoor storage of equipment.
Vote: 5 to 0.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.

5. 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 – Isabel Kearns, ZEO, prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Ford and seconded by Shurtleff to approve the following resolution for Application #2010-009:

Whereas, Marc D’Andrea applied on April 7, 2010, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate Aqua Turf Irrigation, sports field and golf industry/turf construction and renovation, at 860 Carrington Road;

Whereas, David Francesconi, owner of 860 Carrington Road, in a letter dated April 5, 2010, authorized Marc D’Andrea to apply to the Planning and Zoning Commission to operate Aqua Turf Irrigation from the subject property;

Whereas, the Commission, at its regular meeting of May 5, 2010, considered the application information, statement of use dated April 6, 2010, testimony and other pertinent information relating to a request for the Change of Use Permit to operate Aqua Turf Irrigation at 860 Carrington 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) Lynn Fox of Quinnipiack Valley Health District signed off on the back of the application form on May 3, 2010, indicating approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on May 3, 2010, indicating his approval.
3) The Commission received a letter from Ronald Walters of the South Central Connecticut Regional Water Authority, dated May 4, 2010, in which he states 1) underground fuel storage tanks and piping should be
prohibited and fuel stored on site should be kept in secondary containment and be sheltered from precipitation; 2) all vehicle and equipment servicing should be conducted indoors on an impervious surface with no discharges of fluids or chemicals to the environment; 3) harmful chemicals should be stored indoors; 4) Regional Water Authority Inspectors should be granted access during the annual inspection program.
4) The Commission received a letter dated April 29, 2010, from Patricia McGregor, Chairman for the Inland Wetlands Commission, which states that the outside storage and change of use does not pose any adverse impacts to the environment. Therefore, no Inland Wetlands Commission action is required.





Now Therefore Be It Resolved that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to April 7, 2010, the Bethany Planning and Zoning Commission
approves the Change of Use Permit to operate Aqua Turf Irrigation at 860 Carrington Road 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.
Vote: 5 to 0.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.



6. Proposed amendments to the Bethany Zoning Regulations to Section 1.2-Definitions and various changes in Section 18-Floodplain Management Regulations – Public hearing continued to June 2, 2010. Tabled.


7. Proposed amendment to the Bethany Zoning Regulations to add Section 5A – Permitting, Construction, Operation, Maintenance and Abandonment of Small Wind Energy Systems – Hiram Peck, Planning Consultant, to contact Mike Okrent of the Clean Energy Committee. Tabled.


8. Revised Draft of the Town Plan of Conservation and Development – Hiram Peck, Planning Consultant, will consult with a company in Hartford on layout and also, Mr. Peck will bring in at the next regular meeting some final photographs.


9. Discuss increasing application fees – Chairman Huxley stated the fees should be based on the Town’s cost to recapture expenses. Karen Walton, Assistant ZEO, to obtain information for the next regular meeting. Tabled.


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


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


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



13. Update on Halter Estates – Tabled.



It was moved by Spear and seconded by Shurtleff to adjourn the regular meeting at 8:30 p.m. Unanimous approval.

Respectfully submitted,



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