MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, MAY 4, 2011 Page 1 of 10

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, Member
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member
Nellie Rabinowitz, Alternate Member, who arrived at 7:10 p.m.
Donald Shea Jr., Alternate Member

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


Chairman Huxley presented to Member Patricia Winer the Length of Service Award from the Connecticut Federation of Planning and Zoning Agencies. Chairman Huxley expressed the Commission’s appreciation for Patsy’s twelve years of continuous service to the Commission.


APPROVAL OF MINUTES

1. It was moved by Spear and seconded by Shurtleff to approve, as submitted, the minutes of the April 6, 2011, Regular Meeting.
Voting for: Huxley Spear, Ford Shurtleff, Adelberg.
Unanimous approval.

2. It was moved by Winer and seconded by Spear to approve, as submitted, the minutes of the April 23, 2011, Special Meeting/Site Visit.
Voting for: Huxley, Spear, Winer, Shurtleff, Shea.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from State of Connecticut, Department of Transportation, to John Paul Garcia, dated April 13, 2007, Re: Review of plans for 6 Sargent Drive.
2. Letter from State of Connecticut Department of Public Health to Mukesh Patel dated May 17, 2010, Re: CPCN Phase I-A Well Site Suitability Certification for Bethany Mart Well, 6 Sargent Drive.


3. Letter from Rod White, Fire Marshal, dated May 3, 2011, Re: Review of 6 Sargent Drive, proposed retail store and gas station.
4. Memo from Hiram Peck, Planning Consultant, dated May 1, 2011, Re: Review of applications for 6 Sargent Drive and 100 Miller Road and observations from site visit on April 22, 201l.
5. Letter from Land-Tech Consultants, Inc., dated April 28, 2011, Re: Application Review, Hopp Brook Resubdivision, Miller Road, Bethany, CT.
6. Letter from Rod White, Fire Marshal, dated May 3, 2011, Re: 100 Miller Road – Proposed two-lot resubdivision.
7. Letter from Quinnipiack Valley Health District, dated May 3, 2011, Re: Review of Plans for 100 Miller Road.
8. Letter from South Central Connecticut Regional Planning Commission to Woodbridge Planning and Zoning Commission, dated April 15, 2011, Re: Review of proposal from Town of Woodbridge: Proposed Zoning Regulations Amendments pertaining to Minimum Lot Size and Outdoor Eating Areas in the Business, Industrial, General Business and Development Districts.
9. Letter from State of Connecticut, Connecticut Siting Council, to Attorney Kenneth Baldwin, dated April 6, 2011, Re: Verizon Wireless notice of intent to modify an existing telecommunications facility located at 93 Old Amity Road, Bethany, Connecticut.


BILLS

1) It was moved by Shurtleff and seconded by Ford to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for April 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Voting were: Huxley, Spear, Shurtleff, Ford, Winer.
Unanimous approval.

2) It was moved by Shurtleff and seconded by Spear to approve the payment of a bill for $95.00, dated April 6, 2011, from John McLeod (Court Stenographer) for recording services for the public hearing (Zoning Regulations – Aquifer Protection Area).
Voting were: Huxley, Spear, Shurtleff, Ford, Winer.
Unanimous approval.

3) It was moved by Shurtleff and seconded by Ford to approve the payment of $1,780.00 for professional services rendered by Land-Tech Consultants, Inc., pertaining to Hopp Brook Subdivision, Miller Road.
Voting were: Huxley, Spear, Shurtleff, Ford, Winer.
Unanimous approval.






ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO, reported on the following:
· 185 Beacon Road – The ZEO stated she received complaints of dirt bike riding from this property to the Veteran’s Memorial Park (265 Beacon Road) and forwarded the complaint to the Park and Recreation Department. Also, the ZEO stated there is a follow-up court date in June pertaining to the court order from March 9, 2011, of no parking in the easements, no operating of the horse facility and no operation of tractor trailers on the property.
· 415 Fairwood Road – The ZEO noted she will be issuing a cease and desist order for operating a fencing company on the subject property without a permit and that the owner now has a dumpster on the property for his business materials.
· 20 Tawney Drive – The ZEO noted she will be issuing a cease and desist order for construction of a horse barn on the subject property without a permit.


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


NEW BUSINESS

1) 56 Clay Road, Application #2011-015 submitted by Pavel and Marina Shnyakin for a Home Occupation Permit to operate a office only for a handyman business (Home Comfort) -

The Commission formally received the application. No one was present to speak on behalf of this application. Isabel Kearns, ZEO, stated this application is for an office only.

Isabel Kearns, ZEO, prepared a draft resolution for Application #2011-015. Commission members discussed and proceeded to deliberate.

It was moved by Ford and seconded by Shurtleff to approve the following resolution for Application #2011-015:

Whereas, Pavel Shnyakin (Home Comfort) applied to the Planning and Zoning Commission (Application #2011-015) on May 4, 2011, for a home occupation permit to operate an office for a handyman business (Home Comfort) located at 56 Clay Road;

Whereas, the Commission at its regular meeting of May 4, 2011, considered the statement of use dated April 25, 2011, 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:
A. Lynn Fox, Quinnipiack Valley Health District representative, signed off on the back of the application form on May 3, 2011, indicating her approval.
B. Rod White, Fire Marshal, signed off on the back of the application form on May 3, 2011 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 April 15, 2011, the Bethany Planning and Zoning Commission approves the application of Pavel Shnyakin for a home occupation permit to operate a home office for Home Comfort (handyman business), as outlined in the Statement of Use dated April 25, 2011, including the following conditions:
a) No outside storage or visitors.
b) Only one company van will be stored on the property.
c) No employees.
Voting were: Huxley, Spear, Ford Shurtleff, Winer.
Vote 5 to 0.
Unanimous approval.


OLD BUSINESS

1. 437 and 443 Fairwood Road, Application #2011-012 submitted by EMG Properties for a Modification to Site Plan Approval for a Landscaping Plan Modification –

No one present to speak on behalf of this application.

Chairman Huxley stated the Commission conducted a site walk on April 23, 2011, and approved the minutes at this meeting.

Hiram Peck, Planning Consultant, stated that he visited the site on April 22, 2011. Mr. Peck presented his recommendations to the Commission:
Eliminate the plantings along the detention basin but the area needs to be stabilized as soon as possible. The applicant can plant grass and maintain it.
Three Sugar Maples (8 to 10 feet) to be planted in the front of the building.
At the corners of the driveway, three Pfitzer Junipers on each side.
Take proposed Dogwood (six feet) that is shown on the property elsewhere and put in the front corner of the building (southwest corner).
Prior to the issuance of the Certificate of Occupancy, the site should be inspected for stabilization.

In discussion, Commission members noted:
That the neighbors in back have a straight view of the building and suggesting to relocate some of the proposed landscaping that is being eliminated in other areas to the rear of the property on the slope.


That at the site visit, there was an observation of a lot of silt going into the detention basin.

Chairman Huxley asked Mr. Peck to prepare a draft resolution that addresses what the applicant is requesting and what Mr. Peck is recommending.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, June 1, 2011. Tabled.


PUBLIC HEARINGS

6 Sargent Drive, submitted by Mukesh Patel for the following applications:
· Application #2011-008 for a Locational Approval to construct a retail store and gas station.
· Application #2011-009 for a Special Exception Permit – gas filling station.
· Application #2011-010 for a Site Plan Approval to construct a retail store and gas station.
· Application #2011-011 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit

At 7:38 p.m., Chairman Huxley called to order the public hearing on the above referenced applications. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application files.

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 – Copy of map entitled, “Convenience Store & Gas Station, 6 Sargent Drive”, dated April 25, 2011, with no revisions, prepared by James T. Tuttle, Architect, Wolcott, Connecticut.
Exhibit 1B - Letter from State of Connecticut, Department of Transportation, to John Paul Garcia, dated April 13, 2007, Re: Review of plans for 6 Sargent Drive.
Exhibit 1C – Letter from State of Connecticut Department of Public Health to Mukesh Patel dated May 17, 2010, Re: CPCN Phase I-A Well Site Suitability Certification for Bethany Mart Well, 6 Sargent Drive.
Exhibit 1D – Letter from Rod White, Fire Marshal, dated May 3, 2011, Re: Comments from review of site plan for 6 Sargent Drive, proposed retail store and gas station.
Exhibit 1E - Memo from Hiram Peck, Planning Consultant, dated May 1, 2011, Re: Review of applications for 6 Sargent Drive and 100 Miller Road and observations from site visit on April 22, 201l.
Exhibit 1F – Copy of minutes from Special Meeting/Site Visit by the Bethany Planning and Zoning Commission, Saturday, April 23, 2011.
Exhibit 1G – Letter from John Paul Garcia, P.E./L.S., dated May 3, 2011, Re: Response to Hiram Peck memo dated May 1, 2011.


Exhibit 1H – Letter from State of Connecticut, Department of Transportation, Bureau of Highway Operations to John Paul Garcia, dated April 14, 2011, Re: Comments from review of plans dated March 14, 2011, for 6 Sargent Drive.

Present to speak on behalf of the applicant was John Paul Garcia, L.S./P.E., and Michael J. Fox, of Fox Consulting Services and is also the Executive Director of the Gasoline and Automotive Service Dealers of America. Both men were representing the applicant, Mukesh Patel, who was not present.

Mr. Garcia stated that the memo from Mr. Peck dated May 1, 2011, raised an issue of whether the subject applications comply with the Zoning Regulations. Mr. Garcia submitted Exhibit 1G.

Mr. Peck replied that the Zoning Regulations state that the application needs to meet all the requirements of the Town Plan of Conservation and Development and that the Commission needs to discuss this and make a finding.

Chairman Huxley stated the Commission cannot make a decision on the Special Exception application without hearing Mr. Garcia presentation. Chairman Huxley advised Mr. Garcia to proceed with his presentation.

Mr. Garcia reviewed the proposed project noting:
· That a 60’ by 60’ building and 31 parking spaces for cars is being proposed.
· That the application has been submitted to the Inland Wetlands Commission and has been approved.
· That this plan also shows the location of a potential drive-thru lane but was informed by the ZEO that this is not allowed and we will have to go to the Zoning Board of Appeals.
· That the State of Connecticut, Department of Transportation commented (Mr. Garcia submitted Exhibit 1H).
· That there is a request for signage on the building and for a freestanding sign. (Mr. Garcia stated for the larger gas sign they would have to go to ZBA for approval).
· That if approved, whoever signs a lease will have a major impact on the signage and color scheme.
· That for the gasoline station canopy we would be willing to come back to the Commission, as a condition of approval, pending final lease agreement with suppliers and vendors for the color scheme for the Commission’s final approval prior to any construction.
· That they would like to operate the gas station and store for 24 hours or 6 a.m. to 12 a.m. Mr. Garcia amended the applications as stated.
· That there will be no screening on the site.
· That there is a proposed propane filling station and an air filling station.

Mr. Michael Fox introduced himself and continued the presentation.


Mr. Fox reviewed the proposed project noting:
· That the attendant will be taking the propane tanks and filling them.
· That we can arrange the time when the tankers come in and fill the station with gas.
· That the pumps automatically shut off if there is an accident.
· That LED lighting is used and is much softer.
· That in regards to the sign and the color, they would like to give Commission full complete control over color and design and go back to tenant and say this is what we are going to do.

ZEO stated the comments from the Town Engineer, Dave Nafis, would be submitted for the next meeting.

In discussion, Commission members noted:
· The concern with pedestrian traffic.
· The concern with the underground tanks leaking. (Mr. Fox responded that there are very strict State and Federal Law requirements that must be followed and they will be monitored by the State of Connecticut.)
· The concern with gas and oil spills. (Mr. Garcia replied that for drainage a splitter tank will be setup to pick up most of the floatables or oil which will get trapped in a hooded catch basin and should be cleaned out once a year by the owner of the station.)
· That the applicant is asking for 30 parking spaces and with the nature of traffic through this type of facility with a drive-thru, it would be helpful to see traffic statistics for a typical drive-thru/retail store/gas station.
· The concern with light pollution/trespass lighting. (Mr. Garcia replied that if the Commission doesn’t like the outside canopy lighting it can be eliminated.)
· That the applicant will be providing pictures of canopies and color schemes for the next public hearing.
· That there will be siding on all four sides of the building and even the cooler that is on the outside. (Mr. Garcia replied the cooler is a nonpermanent structure and can be removed and it is up to the Commission if they want it to be sided and what color.)

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

Bruce Loomis, Chairman of the Conservation Commission – Mr. Loomis commented on the landscaping plan noting that the maple and birch trees can grow quite large and produce a lot of debris. Mr. Loomis recommended changing the species of the trees around the property. Mr. Loomis also commented on the propane station and recommended internal lighting be used for the signs.
Roger Hathaway of 350 Sperry Road – Mr. Hathaway expressed his disappointment in the proposed project being in the middle of town noting issues with the airport, traffic, lighting and architecture.


Mr. Peck commented to the Commission that the proposal at this particular site will have a long-term effect on the area and the Commission needs to look carefully at the issues with signage, parking, the amount of impervious area, and runoff.

Mr. Fox suggested to the Commission that he would submit day and night pictures and specifications on different canopies and lighting at the continuation of the public hearing.

At 9:43 p.m., Chairman Huxley recessed the public hearing and scheduled a Special Meeting to continue the public hearing on Tuesday, May 24, 2011, at 7:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.


Chairman Huxley recessed the meeting at 9:44 p.m. for a short break.
Chairman Huxley reconvened the meeting at 9:54 p.m.


100 Miller Road, submitted by Chris Stoyer for the following applications:
· Application #2011-007 for a Two-lot Resubdivision and waiver request for the provision of a water source for fire protection in the resubdivision.
· Application #2011-014 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit

At 9:55 p.m., Chairman Huxley called to order the public hearing on the above referenced applications. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application files.

Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
A. Exhibit 1A – Memo from Hiram Peck, Planning Consultant, dated May 1, 2011, Re: Review of applications for 6 Sargent Drive and 100 Miller Road and observations from site visit on April 22, 201l.
B. Exhibit 1B - Letter from Land-Tech Consultants, Inc., dated April 28, 2011, Re: Application Review, Hopp Brook Resubdivision, Miller Road, Bethany, CT.
C. Exhibit 1C – Letter from Rod White, Fire Marshal, dated May 3, 2011, Re: 100 Miller Road – Proposed two-lot resubdivision.
D. Exhibit 1D – Letter from Quinnipiack Valley Health District, dated May 3, 2011, Re: Review comments for 2-lot resubdivision, 100 Miller Road.

Present to speak on behalf of the applicant was Attorney Michael Alexander and James Sakonchick of Kratzert and Jones, representing the applicant, Mr. Chris Stoyer, who was not present.

Attorney Alexander noted they have not had the opportunity to respond to the Land-Tech Consultant letter dated April 28, 2011, and stated they will have their soil scientist, David Lord, present at the continuation of the public hearing.

Mr. Sakonchick reviewed the proposed project noting:
· That one lot has already been approved (Lot #1) and we are asking to resubdivide the remaining parcel into two lots.
· That the driveway would be shared in order to minimize impact on the environment (less cuts and fill required).
· That the property owner at 112 Miller Road has been contacted to share their driveway and they refused.
· That this proposal is all outside of the floodplain.
· That approximately 4.09 acres is being proposed to the Town for open space or 32 % of the entire subdivision including Lot 1.

In discussion, Commission members noted:
· That there is a discrepancy regarding the soils information on the site plan as reported in the letter from Bob Jontos from Land-Tech Consultants, dated April 28, 2011.
· That the total cuts and fills is about 4,000 cubic yards.
· That the proposed houses would not have basements.

Mr. Peck would like the applicant to address the issues in the Land Tech letter and would like to see fill calculations on the site plan.

The ZEO stated the comments from the Town Engineer, Dave Nafis, will be submitted for the next meeting. The Chairman asked that Exhibit 1A and 1B be faxed to the Town Engineer.

Chairman Huxley then asked if there were any comments from the public. The following individual spoke:
Bruce Loomis, Chairman of the Conservation Commission, commented on the relocation of the driveway noting that the Conservation Commission encourages saving the trees and the wall. Also Mr. Loomis noted that in regard to the open space and the conservation easement, the Conservation Commission has no objection to what is being proposed.

Mr. Sakonchick will submit an enlarged version of the septic and the houses as requested by the Commission for the next public hearing.

At 10:48 p.m., Chairman Huxley recessed the public hearing and scheduled a Special Meeting to continue the public hearing on Tuesday, May 24, 2011, at 7:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Also, the Commission scheduled a site visit at 6:00 p.m. on Tuesday, May 24, 2011. Commission members to meet at the subject property. Tabled.


OLD BUSINESS (Continued)

2. 6 Sargent Drive, Application #2011-008 submitted by Mukesh Patel for a Locational Approval to construct a 3,600 SF retail store and gas station – Public hearing continued to May 24, 2011. Tabled.


3. 6 Sargent Drive, Application #2011-009 submitted by Mukesh Patel for a Special Exception Permit – construct gas filling station and 3,600 SF retail store – Public hearing continued to May 24, 2011. Tabled.

4. 6 Sargent Drive, Application #2011-010 submitted by Mukesh Patel for a Site Plan Approval to construct a 3,600 SF retail store and gas station – Public hearing continued to May 24, 2011. Tabled.

5. 6 Sargent Drive, Application #2011-011 submitted by Mukesh Patel for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – Public hearing continued to May 24, 2011. Tabled.

6. 100 Miller Road, Application #2011-007 submitted by Chris Stoyer for a Two-Lot Resubdivision (Hopp Brook Subdivision) – Public hearing continued to May 24, 2011. Tabled.

7. 100 Miller Road, Application #2011-014 submitted by Chris Stoyer for a special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – Public hearing continued to May 24, 2011. Tabled.

8. Discussion with Mike Okrent of the Clean Energy Task Force regarding Small Wind Energy Systems – Mr. Okrent submitted an email to the ZEO stating he is not ready to move forward on this item and to remove him from the agenda at this time.

9. Discuss increasing application fees – Tabled.

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

11. Discuss Architectural Reviews – Tabled.

12. Proposed Town of Bethany Noise Control Ordinance – Tabled.

13. Update on Halter Estates – Tabled.


It was moved by Spear and seconded by Shurtleff to adjourn the regular meeting at 10:49 p.m. Unanimous approval.

Respectfully submitted,



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