MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, DECEMBER 1, 2010 Page 1 of 4
The regular meeting of the Planning and Zoning Commission was called to order at 7:02 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
Marc Adelberg, Alternate Member, seated as first voting member as needed.
Nellie Rabinowitz, Alternate Member, seated as second voting member as needed.
The following Commission members were excused or absent:
Patricia Winer, Member
Donald Shea Jr., Alternate Member
Also present were:
Hiram Peck, Planning Consultant
APPROVAL OF MINUTES
1. It was moved by Shurtleff and seconded by Rabinowitz to approve the minutes of the November 3, 2010, Regular Meeting with the following changes:
· Page 2, Item 3), First Sentence – Reads “Isabel Kearns, ZEO, stated the First Selectman received an email from a concerned resident regarding the toxic emissions from an outdoor wood burning furnace and if Bethany would consider banning this type of outdoor furnace.” Change to “Isabel Kearns, ZEO, stated the First Selectman received an email from a concerned resident regarding the toxic emissions from an outdoor wood burning furnace and inquiring if Bethany would consider banning this type of outdoor furnace.”
· Page 3, First Sentence – Reads “Derrylyn Gorski, First Selectman, arrived at 7:25 p.m. and stated the resident sited in the email an address (Pleasant Drive) that has an outdoor furnace and Ms. Gorski would like the Commission to be aware of this inquiry.” Change to “Derrylyn Gorski, First Selectman, arrived at 7:25 p.m. and stated the resident who wrote the email cited an address on Pleasant Drive that has an outdoor furnace, and Ms. Gorski would like the Commission to be aware of this inquiry.”
Voting for: Huxley, Shurtleff, Rabinowitz.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from QVHD dated November 30, 2010, Re: Outdoor Wood Burning Furnaces.
2. Copy of letter from PZC to Board of Selectmen, dated November 4, 2010, Re: Status of Noise Ordinance and Architectural Review Board.
3. Letter from Town Clerk, dated November 8, 2010, Re: Schedule of regular meetings for 2011. It was moved by Shurtleff and seconded by Rabinowitz to approve the proposed Schedule of Regular Planning and Zoning Meetings for 2011. Unanimous approval.
4. Copy of letter from Pullman & Comley Attorneys to Connecticut Siting Council, dated November 17, 2010, Re: Petition for Declaratory Ruling, 3.2 MW Wind Generation Project, 178 New Haven, Prospect, Connecticut with 3 binders of material. Mr. Peck will review the materials and report back to the Commission at the January 5, 2011, regular meeting.
5. Email from SCRCOG dated November 12, 2010, Re: Notification of Town of Woodbridge Referral – Liquor Establishments (Distance Requirements).
6. Copy of letter from SCRCOG to Town of Woodbridge dated November 19, 2010, Re: Resolution letter for Liquor Establishments (Distance Requirements).
7. Email from SCRCOG dated November 12, 2010, Re: Notification of Town of Hamden Referral – Special Flood Hazard Areas.
8. Copy of letter from SCRCOG to Town of Hamden dated November 19, 2010, Re: Resolution letter for Special Flood Hazard Areas.
9. Email from SCRCOG dated November 12, 2010, Re: Notification of Town of Hamden Referral – Special Flood Hazard Areas.
10. Copy of letter from SCRCOG to Town of Hamden dated November 19, 2010, Re: Resolution letter for Special Flood Hazard Areas.
11. Copy of letter from SCRCOG to Town of Prospect dated November 19, 2010, Re: Resolution letter for Flood Plains and Flood Hazard Areas.
12. Copy of letter from SCRCOG to Town of Cheshire dated November 19, 2010, Re: Resolution letter for Flood Plain Management Regulation.
13. Email from SCRCOG dated November 22, 2010, Re: Invitation to Office of Policy and Management Regional Workshop on “Cross-Acceptance Process” on December 9, 2010.
14. Email from SCRCOG dated November 30, 2010, Re: Notification of Town of Prospect Referral – Amendments to Sec. 3.1 – Uses By District and Section 2.2 – Definitions.
BILLS
1. It was moved by Shurtleff and seconded by Rabinowitz to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for November 2010, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
ZEO not present.
NEW BUSINESS
No new business.
OLD BUSINESS
1) 99 Mesa Drive, Application #2010-019 submitted by MWP, LLC to modify the subdivision approval for drainage easement relocation –
There was no one present to speak on behalf of the application.
Chairman Huxley stated the Inland Wetlands Commission is reviewing this application for approval.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, January 5, 2011 Tabled.
2) 187 Beacon Road, Application #2010-020 submitted by Beth Gaetano AKA: Gaetano Family Farm for a Home Occupation Permit for the sale of chicken eggs and chickens at farm markets and online –
There was no one present to speak on behalf of the application.
Chairman Huxley stated that the applicant is farming her chickens in Cheshire. Chairman Huxley also stated the application has been approved by QVHD on November 4, 2010, with a statement from QVHD that the operation was approved by the Department of Agriculture.
The Commission reviewed and discussed the proposed draft and proceeded to deliberate. It was moved by Shurtleff and seconded by Ford to approve the following resolution for Application #2010-020:
Whereas, Beth Gaetano (aka Gaetano Family Farm) applied to the Planning and Zoning Commission on November 3, 2010, for a home occupation permit to operate an office for the sale of chicken eggs and chickens at farmers’ markets and online;
Whereas, the Commission at its regular meeting of December 1, 2010, considered the statement of use dated November 2, 2010, narrative, testimony and other pertinent application information relating to this home occupation application;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) Lynn Fox, QVHD representative, signed off on the back of the application form on November 2, 2010, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on November 4, 2010 indicating his approval.
Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4(b) of the Town of Bethany Zoning Regulations, effective to May 1, 2010, the Bethany Planning and Zoning Commission approves the application of Beth Gaetano (aka Gaetano Family Farm) for a home occupation permit to operate a home office only for the sale of chicken eggs and chickens at farmers’ markets and online as outlined in the Statement of Use dated November 2, 2010, and with the following condition:
1) No chickens shall be raised on site for the purposes of the business.
Spear abstained
Voting were: Huxley, Shurtleff, Ford, Rabinowitz, Adelberg.
Unanimous approval.
3) Discussion regarding Outdoor Wood Burning Furnaces –
Hiram Peck, Planning Consultant, stated he would incorporate the letter from QVHD, dated November 30, 2010, into his evaluation of outdoor wood burning furnaces. Mr. Peck would like to get feedback from QVHD, State Department of Public Health, DEP Forestry, Yale School of Forestry, and other sources to obtain the most correct and clear information to forward to the Commission.
Tabled.
4) Discuss increasing application fees – Tabled.
5) Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.
6) Discuss Architectural Reviews – Isabel Kearns, ZEO, forwarded a memo, dated November 4, 2010, to the First Selectmen as to the status of this subject. Tabled.
7) Proposed Town of Bethany Noise Control Ordinance – Isabel Kearns, ZEO, forwarded a memo, dated November 4, 2010, to the First Selectmen as to the status of this subject.
8) Update on Halter Estates – Tabled.
It was moved by Ford and seconded by Shurtleff to adjourn the regular meeting at 7:31 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
