Tuesday, June 28, 2011

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION SPECIAL MEETING OF TUESDAY, JUNE 21, 2011 Page 1 of 3

The special meeting of the Planning and Zoning Commission was called to order at 7:04 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
Donald Shea Jr., Alternate Member
Marc Adelberg, Alternate Member

The following Commission member was absent or excused:
Nellie Rabinowitz, Alternate Member

Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Hubbell, Assistant Zoning Enforcement Officer


1. Public Hearing Continuation pertaining to the following applications submitted by Chris Stoyer, which will be heard together, for the property located at 100 Miller Road:
a) Application #2011-007 for two-lot resubdivision and waiver request for the provision of a water source for fire protection in the resubdivision.
b) Application #2011-014 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit.

At 7:04 p.m., Chairman Huxley called to order the public hearing continuation on the above referenced applications. 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:
A. Exhibit 4A – Letter from Martin Brogie, Inc., Environmental Services, to Isabel Kearns, IWEO, dated June 3, 2011, Re: Lot 2 Inland Wetlands Delineation Evaluation, Proposed 3 Lot Subdivision – Miller Road.
Exhibit 4B - Copy of Inland Wetlands Permit #887-M-3, 100 Miller Road, approved on June 6, 2011.
Exhibit 4C - Memo from Hiram Peck, Planning Consultant, dated June 15, 2011, Re: Comments on 100 Miller Road that the applicant needs to address.
Exhibit 4D - Letter from Michael Alexander, Attorney, dated June 19, 2011, Re: Response to memo dated June 15, 2011, regarding 100 Miller Road.
Exhibit 4E - Memo from Hiram Peck, Planning Consultant, dated June 18, 2011, Re: Background information on proposed resubdivision of property at 100 Miller Road.
Exhibit 4F - Letter from Rod White, Fire Marshal, dated June 21, 2011, Re: 100 Miller Road, waiver request for the provision of a water source for fire protection in the resubdivision.
G. Exhibit 4G – Submitted by Attorney Michael Alexander a package that includes copies of the proposed draft warranty deed, proposed draft drainage easement, proposed draft permanent private conservation agreement and proposed draft quit-claim deed.
H. Exhibit 4H – Submitted by Attorney Michael Alexander a copy of the proposed draft Permanent Private Walking Easement Agreement.

Chairman Huxley noted that since there was reference to previous applications regarding this parcel that the Commission will incorporate all the records of previous applications for this property into the hearing record.

Present to speak on behalf of the applicant was Attorney Michael Alexander and James Sakonchick, P.E./L.S. of Kratzert and Jones, representing the applicant, Mr. Chris Stoyer, who was also present.

Attorney Alexander presented Exhibits 4G and 4H and reviewed with the Commission.

Mr. Sakonchick reviewed the details of the road as requested in Hiram Peck’s letter dated June 15, 2011. Also, Mr. Sakonchick discussed the driveway and the trail easements and access to the trails.

Chairman Huxley then asked if there were any comments from the public. There were none.

At 8:06 p.m., Chairman Huxley closed the public hearing on the subject applications.


2. Discussion and possible action pertaining to the following applications submitted by Chris Stoyer for the property located at 100 Miller Road:
a) Application #2011-007 for two-lot resubdivision and waiver request for the provision of a water source for fire protection in the resubdivision.
b) Application #2011-014 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit.

The Commission continued with the deliberating process.

Isabel Kearns, Zoning Enforcement Officer, was directed to prepare draft resolutions from the recommendations of the Commission and work with Hiram Peck, Planning Consultant to complete.

The Commission scheduled a Special Meeting for Wednesday, June 29, 2011, at 7:00 p.m. in the Commission Meeting Room. Tabled.



3. Discussion and possible action pertaining to the following applications submitted by Mukesh Patel for the property located at 6 Sargent Drive:
a) Application #2011-008 for a Locational Approval to construct a retail store and gas station.
b) Application #2011-009 for a Special Exception Permit – gas filling station.
c) Application #2011-010 for a Site Plan Approval to construct a retail store and gas station.
d) Application #2011-011 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit.

The Commission continued with the deliberating process.

Isabel Kearns, Zoning Enforcement Officer, was directed to prepare draft resolutions from the recommendations of the Commission and work with Hiram Peck, Planning Consultant to complete.

The Commission scheduled a Special Meeting for Wednesday, June 29, 2011, at 7:00 p.m. in the Commission Meeting Room. Tabled.



It was moved by Shea and seconded by Shurtleff to adjourn the regular meeting at 10:24 p.m. Unanimous approval.

Respectfully submitted,



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