Friday, July 29, 2011

BOARD OF SELECTMEN
JULY 25, 2011
Page 1 of 2

Attendance: First Selectwoman Gorski, Selectman Donald Shea, Selectman Steven Thornquist

Visitors: Attorney Kevin McSherry

First Selectwoman Gorski called the meeting to order at 7:30 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance. The Selectmen signed the accounts payable checks.

APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion to approve the minutes of the meeting of July 11, 2011. The motion of approval was moved by Selectman Thornquist and seconded by Selectman Shea. The vote was called. The vote was unanimous.

OLD BUSINESS
REQUEST TO WAIVE RENTAL FEE FOR USE OF LAKEVIEW LODGE
B & B Transportation had requested either waiving of the rental fee or reduction in the fee for use of Lakeview Lodge in a letter to the Board of Selectmen read at the Board of Selectmen’s meeting on June 13, 2011. The decision was tabled pending receipt of further information. The Selectmen discussed use of the lodge by non-profit organizations, and for profit companies, with regard to waiving or reduction of the rental fee. It was determined that since B & B Transportation is a business providing service to the Town of Bethany, that a reduction in the rental fee would be appropriate. Selectman Thornquist moved to reduce the rental fee to $150 to B & B Transportation for use of the Lakeview Lodge for bus driver training. Selectman Shea seconded the motion. The vote taken was unanimous.

LAND TRUST REQUEST FOR DRIVEWAY PURSUANT TO SCENIC ROAD ORDINANCE 168-4C DISCUSSION AND DECISION
The request of the Bethany Land Trust for a driveway pursuant to Scenic Road Ordinance 168-4C for 152 Downs Road was discussed. The Selectmen determined that the opening in the stone wall for a driveway should only be 32 – 36 inches wide, only allowing walking access for human and equestrian traffic. Selectman Shea moved the motion to allow for a 32-36 inch opening in the stone wall at 152 Downs Road pursuant to Scenic Road Ordinance for equestrian and human access only. Selectman Thornquist seconded the motion. The vote taken was unanimous.

NEW BUSINESS
TAX REFUNDS
Selectman Thornquist moved to refund to the following a total of $2,397.26 all for overpayment of taxes.
Cab East, LLC $1,482.27
Clare T. Miller $ 63.13
D. L. Peterson Trust $ 195.10
Frank Cusello $ 29.94
GMAC Automotive Bank $ 194.62
Irena Ashton $ 74.30
Jeffrey A. Gruskay $ 36.51
Jo Wynschenk $ 3.64
Louise S. Guglotti $ 37.65
Lynn R. Leite $ 15.87
Peter or Denise Kukiel $ 20.63
Plastic Assembly Systems $ 33.22
Rebecca Spillane $ 28.82
Robert Cuneo $ 57.42
Ruth or Jason Ornstein $ 32.75
Wayne or JoAnne Bruno $ 91.39

Selectman Shea seconded the motion. The vote taken was unanimous.

CORRESPONDENCE
First Selectwoman Gorski reported that Sandy Breslin had dropped off correspondence from the South Central Regional Policy Board for the Selectmen. First Selectwoman Gorski will forward this information to the Selectmen.

ADJOURNMENT
Adjournment was called at 7:45 p.m. after a motion by Selectman Shea and seconded by Selectman Thornquist. The vote was unanimous.


Respectfully submitted,


June G. Riley
Secretary, Board of Selectmen
Bethany Conservation Commission

July 14, 2011

The meeting was called to order at 8:20 by Bruce Loomis. Also in attendance were Brian Eitzer and Cathy Rives.

Brian moved and Bruce seconded a motion to accept the April 14, 2011 minutes. The motion passed.

The May 11, 2011 minutes were presented but not approved as there were insufficient commission members present whom were at that meeting.

Nominations for chair were opened. Brian moved that Bruce continue as chairman, Cathy seconded. Motion passed unanimously.

Two pieces of correspondence were mentioned. The first was a dues notice from CACIWC. The second a thank you note from Neha Pashankar, winner of the 2011 student award.

There was a discussion on the 100 Miller Road development whose plan for open space was recently accepted by planning and zoning. After discussion Cathy made the following motion “The conservation commission requests clarification as to what section of subdivision regulations provides the wording to approve the open space plan as proposed by the applicant and furthermore would like to have the decision reviewed by the town attorney”. Brian seconded, and the motion passed unanimously.

There was no new business. Cathy moved to adjourn at 9:00 and Bruce seconded.


Respectfully submitted,

Brian Eitzer
Secretary pro-tempore

Tuesday, July 12, 2011

Bethany Conservation Commission
May 11, 2011
The meeting was called to order at 8:05 by Bruce Loomis. Also in attendance were Audrey Eisenstadt and Cathy Rives. The minutes of the April 14 meeting were reviewed but approval of minutes was tabled until next meeting since not enough members were present. Minutes of the special meeting were reviewed but approval was also tabled until next meeting.
The proposed subdivision at 100 Miller Road was reviewed. The easement property being proposed has poor access and poor 'usability'. Audrey suggested that we ask for a 'fee in lieu' instead of asking for open space or conservation easements. Bruce made the motion, all were in favor and the motion unanimously passed. Bruce will call Izzy to proceed with the suggestion.
The Atwater proposal was reviewed. As planned, the proposal has two rear lots. This is unacceptable. Open Space is limited. Bruce suggested that if the current layout continues to be the one proposed, in addition to Open Space, the Commission would like trail easement through the lots that would allow access to from Atwater to Carriage Drive.
Bruce moved to adjourn, Cathy seconded and the meeting was adjourned at 8:30.
Respectfully submitted,
Cathy Rives
Secretary pro-tempore
Bethany Conservation Commission
April 14, 2011
The meeting was called to order at 8:10 by Bruce Loomis. Also in attendance were Brian Eitzer and Cathy Rives. Property owner Derek Iwaszkiewicz and his attorney, Joseph Kubic were present to discuss their proposed subdivision.
The commission reviewed the 43 Atwater Road subdivision for CT Housing Restoration LLC for open space issues. A four lot subdivision has been proposed. The commission will schedule a property walk to ensure that the proposed open space is appropriate.
The minutes from the last meeting were reviewed. Brian moved to accept and Cathy seconded. The motion passed.
Conservationist of the Year - after a brief discussion, it was decided that the award will not be issued this year.
Community School Conservation Award - Brian moved to continue the award, Cathy seconded and the motion passed.
The commission reviewed the 100 Miller Road subdivision plan. A three lot subdivision has been proposed. The actual open space as drawn is only 10% (not the 20% called for by regulation). The Board will schedule a property walk in the near future.
Brian moved to adjourn, Bruce seconded and the meeting was adjourned at 9pm.
Respectfully submitted,
Cathy Rives
Secretary pro-tempore

Friday, July 8, 2011

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION SPECIAL MEETING OF WEDNESDAY, JUNE 29, 2011 Page 1 of 15

The special meeting of the Planning and Zoning Commission was called to order at 7:11 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
Nellie Rabinowitz, Alternate Member

Also present were:
Isabel Kearns, Zoning Enforcement Officer
Hiram Peck, Planning Consultant
Derrylynn Gorski, First Selectman


1. 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 2-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.


a) Application #2011-007 for a 2-Lot Resubdivision and a waiver request for the provision of a water source for fire protection in the resubdivision located at 100 Miller Road.

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.

It was moved by Spear and seconded by Shurtleff to approve the following resolution for Application #2011-007:

Re: Requested Waiver:

1) Waiver of Fire Suppression Water Source: This application reflects a request for a waiver of the fire suppression water source as required by the Subdivision Regulations. Roderick White, Fire Marshal, in a letter dated May 03, 2011, did not recommend the waiver of the fire suppression water source. However, in a subsequent letter dated June 21, 2011, Mr. White reversed his decision for safety reasons which are unclear to the Commission. He now recommends the waiver of the fire suppression water tank, as the property falls under the five or fewer category and will cause undue financial hardship. However, the Commission is not waiving the requirement at this time and will not do so unless or until the applicant comes back to the Commission with proof that they have satisfied the criteria in Section 11.5.A.1 and 11.5.A.2 of the Subdivision Regulations. Therefore, the request for the waiver is denied at this time. No zoning signoff for any building permits for either lot will be issued until this matter is resolved to the Commission’s satisfaction.

Re: 2-Lot Resubdivision:

Whereas, Bear Hill Construction, owner of the subject property authorized Chris Stoyer to act as their agent/applicant in a document dated February 12, 2011, and February 24, 2011;

Whereas, Chris Stoyer applied for a 2-Lot Resubdivision of 100 Miller Road on June 1, 2011;

Whereas, a public hearing was held in conjunction with the Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Application (#2011-014) and was opened on May 4, 2011, and recessed three times -- until May 24, 2011, June 1, 2011, and June 21, 2011. The hearing was closed on the evening of June 21, 2011, at the conclusion of testimony;

Whereas, the Commission, at a Special Meeting held on June 29, 2011, considered the maps, testimony, and other pertinent application information relating to a request for a 2-Lot Resubdivision of 100 Miller Road;

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

1) The Planning and Zoning Commission received a letter dated May 24, 2011, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District approving 4-bedroom homes on Lots 1 and 3 and a three-bedroom home on Lot 2 of the subject resubdivision. The submission of engineered subsurface sewage disposal system plans are to be submitted to and reviewed and approved by Quinnipiack Valley Health District prior to any construction. This means that prior to the required zoning signoff and prior to the issuance of any building permits, a copy of the Quinnipiack Valley Health District approval is to be submitted to the Zoning Enforcement Officer.

2) Inland Wetlands Permit #887-M-3 to revise the map of record for the 3-Lot Resubdivision of 100 Miller Road was approved by the Inland Wetland Commission on June 6, 2011.
3) The Planning and Zoning Commission received a letter dated April 28, 2011, from Robert Jontos of Land-Tech Consultants, Inc. in which he detailed various environmental characteristics of the site.
4) The Planning and Zoning Commission received a letter dated May 11, 2011, from David Nafis, Town Engineer, in which he raised concern about how a net zero increase in runoff will be obtained and also mentioned that the footing drain on Lot 2 exits on the reserve septic system.
5) The Planning and Zoning Commission received a letter dated May 23, 2011, from David Lord, Certified Soil Scientist of Soil Resource Consultants, in which he commented on the information in the Land-Tech memo.
6) The Planning and Zoning Commission received correspondence dated June 3, 2011, from Martin Brogie, Certified Soil Scientist, in which he concurs with the delineation completed by Mr. Lord regarding the shallow bowl of standing water located on Lot 2.
7) The Planning and Zoning Commission received an e-mail, dated May 13, 2011, from Bruce Loomis, Conservation Commission Chairman, in which he does not endorse the open space set aside as presented, as the Conservation Commission would prefer to use the fee in lieu of open space option in the subdivision regulations, as found in Section 11.4.f.8 of the Subdivision Regulations, rather than the proposed conservation easement.
8) The Planning and Zoning Commission finds that Section 6.4 of the Subdivision Regulations requires that lots be served by a combined driveway to limit potential traffic hazards on roads. It also finds that the definition of a “common driveway” in the Zoning Regulations allows a maximum of three lots to share a common driveway.

Now Therefore Be It Resolved, that pursuant to the Subdivision Regulations of the Town of Bethany, amended to September 15, 2008, Application #2011-007, from Chris Stoyer for a 2-Lot Subdivision of 100 Miller Road located in the R-65 Zone, is approved in accordance with the following submitted plans prepared by Kratzert, Jones & Associates, Inc., Milldale, Connecticut:
A. “Property Map for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to March 22, 2011, Drawing No. B-1.
B. “Plan of Abandoned Road for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to February 3, 2011, Drawing No. B-2.
C. “Resubdivision Map for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to May 13, 2011, Drawing No. S-1.
D. “Grading and Erosion Control Plan for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to May 17, 2011, Drawing No. G-1.
E. “Grading and Erosion Control Plan for Hopp Brook Resubdivision”, dated May 17, 2011, with no revisions, Drawing No. G-2.
F. “Driveway Plan & Profile for Hopp Brook Resubdivision”, dated May 17, 2011, with no revisions, Drawing No. P-1.
G. “Detail Sheet for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to February 3, 2011, Drawing No. D-1.


And with the following modifications:

1) The conservation easement shall encompass the open space, the area cited as the conservation and trail easement in the southeast portion of the property, as well as the trail easement along the northerly property line. This conservation easement shall reflect that invasive species can be removed, if necessary. Said conservation easement language must be acceptable to Town Counsel and filed in Town Clerk’s office at the same time as the filing of the Record Subdivision Map.
2) Sheets S-1 and G-1 shall be changed to reflect the conservation easement, as stated in Item #1 above.
3) A conservation easement shall be prepared describing the right of access over the northerly portion of the common driveway. Said easement must be acceptable to Town Counsel and filed on the land records in the Town Clerk’s office at the same time as the filing of the Record Subdivision Map.
4) Permanent driveway maintenance agreement, which includes the maintenance of the catch basins along the common driveway; driveway access easements and grading and permanent location shown on map sheets S-1 and G-1 must be acceptable to Town Counsel and filed in the Town Clerk’s office at the same time as the filing of the Record Subdivision Map.
5) A note shall be placed on the mylar stating, “No zoning or building permits shall be issued for any lots until the common driveway is installed per the approved plans or a bond and surety is in place. The amount of the bond must be approved by the Town Engineer and in a form acceptable to Town Counsel.”
6) Iron pins shall be located at all corners or angles of the lots. An estimate for the cost of the installation of pins shall be submitted and must be approved by the Town Engineer, Nafis & Young. The amount of the bond for the iron pins must be approved by Town Engineer and be in a form acceptable to Town Counsel.
7) The conservation easement shall have clearly defined borders with permanent concrete monuments placed thereon at all corners or angles of the property. Boundaries longer than 200 feet shall have permanent interim markers no greater than every 200 feet as necessary so that laypersons can accurately locate and mark the boundary. Additionally, trail easements of 20 feet or less in width shall be marked at no more than 100 foot intervals. A survey map of the set aside with depicting location of monuments must be presented to the Zoning Enforcement Officer.
8) A note shall be placed on the mylar stating, “Any deviations from the site plans shall result in the need for a new site plan review and approval from the Planning and Zoning Commission”.
9) Ray Pantalone, Tree Warden, is to review any proposed tree removal within the Town road right-of-way prior to any tree removal.
10) A drainage easement to the Town of Bethany for drainage from Miller Road must be prepared, as shown on the Record Subdivision Map. It must be acceptable to Town Counsel and filed in the Town Clerk’s office at the same time as the Record Subdivision Map.
11) An estimate for the public improvements (drainage along Miller Road) should be provided by the applicant. Said bond should be held for a one-year period after construction to insure the proper functioning of the proposed drainage once it is installed. The amount of the bond will be set by the Town Engineer in a form acceptable to Town Counsel.
12) Prior to the construction of driveway to Lot 1, the applicant shall present to the ZEO evidence prepared by an engineer attesting that the site-line distance for the driveway is adequate based on the posted speed limit on Miller Road. This evidence shall come with the live seal or stamp of a professional engineer.
13) The design engineer shall submit evidence indicating compliance with the requirement for zero increase in the rate of runoff from the site. This evidence shall come with a live seal or stamp of a professional engineer.
14) Certification of erosion control measures as required by Section 11 of the Bethany Zoning regulations cannot be completed until Item #13, listed above, has been completed.

Voting were: Huxley, Ford, Spear, Shurtleff and Winer.
Vote: 5 to 0.
Unanimous approval.


b) Application #2011-014 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit.

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.

It was moved by Winer and seconded by Ford to approve the following resolution for Application #2011-014:

Whereas, Bear Hill Construction, owner of the subject property authorized Chris Stoyer to act as their agent/applicant in a document dated February 12, 2011, and February 24, 2011;

Whereas, Chris Stoyer applied for a Special Exception Earth Removal, Excavation, Filling Stockpiling and Grading Permit associated with the 2-Lot Resubdivision of 100 Miller Road on June 1, 2011;

Whereas, the applicant proposes to disturb 4,000 cubic yards of earth material for the development of these lots;

Whereas, the public hearing was held in conjunction with the public hearing for the 2-Lot Resubdivision (Application #2011-007) and was opened on May 4, 2011, and recessed three times -- until May 24, 2011, June 1, 2011 and June 21, 2011. The hearing was closed on the evening of June 21, 2011, at the conclusion of testimony;

Whereas, the Commission, at a Special Meeting held on June 29, 2011, considered the maps, testimony, and other pertinent application information relating to a request for a Special Exception Earth Removal, Excavation, Filling Stockpiling and Grading Permit associated with the 2-Lot Resubdivision of 100 Miller Road;

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

1) The Planning and Zoning Commission received a letter dated May 24, 2011, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District approving 4-bedroom homes on Lots 1 and 3 and a three-bedroom home on Lot 2 of the subject resubdivision. The submission of engineered subsurface sewage disposal system plans are to be submitted to and reviewed and approved by Quinnipiack Valley Health District prior to any construction. This means that prior to the required zoning signoff and prior to the issuance of any building permits, a copy of the Quinnipiack Valley Health District approval is to be submitted to the Zoning Enforcement Officer.

2) Inland Wetlands Permit #887-M-3 to revise the map of record for the 3-Lot Resubdivision of 100 Miller Road was approved by the Inland Wetland Commission on June 6, 2011.
3) The Planning and Zoning Commission received a letter dated April 28, 2011, from Robert Jontos of Land-Tech Consultants, Inc. in which he detailed various environmental characteristics of the site.
4) The Planning and Zoning Commission received a letter dated May 11, 2011, from David Nafis, Town Engineer, in which he raised concern about how a net zero increase in runoff will be obtained and also mentioned that the footing drain on Lot 2 exits on the reserve septic system.
5) The Planning and Zoning Commission received a letter dated May 23, 2011, from David Lord, Certified Soil Scientist of Soil Resource Consultants, in which he commented on the information in the Land-Tech memo.
6) The Planning and Zoning Commission received correspondence dated June 3, 2011, from Martin Brogie, Certified Soil Scientist, in which he concurs with the delineation completed by Mr. Lord regarding the shallow bowl of standing water located on Lot 2.

Now Therefore Be It Resolved, that pursuant to Section 8 of the Zoning Regulations of the Town of Bethany, amended to April 6, 2011, Application #2011-014, from Chris Stoyer for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit in association with the site development of 100 Miller Road located in the R-65 Zone, is approved in accordance with the following submitted plans prepared by Kratzert, Jones & Associates, Inc., Milldale, Connecticut:
A. “Property Map for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to March 22, 2011, Drawing No. B-1.
B. “Plan of Abandoned Road for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to February 3, 2011, Drawing No. B-2.
C. “Resubdivision Map for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to May 13, 2011, Drawing No. S-1.
D. “Grading and Erosion Control Plan for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to May 17, 2011, Drawing No. G-1.
E. “Grading and Erosion Control Plan for Hopp Brook Resubdivision”, dated May 17, 2011, with no revisions, Drawing No. G-2.
F. “Driveway Plan & Profile for Hopp Brook Resubdivision”, dated May 17, 2011, with no revisions, Drawing No. P-1.
G. “Detail Sheet for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to February 3, 2011, Drawing No. D-1.

And with the following modifications:

1) An estimate for erosion control measures and reclamation of the site must be presented.
2) A cash bond shall be received for erosion control measures and must be in an amount acceptable to the Town Engineer.
3) A bond for reclamation of the site must be in an amount acceptable to Town Engineer and in a form acceptable to Town Counsel.
4) Prior to commencement of work, the ZEO shall inspect and approve ALL erosion control measures.
5) There shall be no burial of stumps on the property.
6) Operation of this Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit shall be in conformance with Section 8 of the Zoning Regulations.
7) There shall be no operation of trucks on the roads during the hours before 8:30 a.m. and between 2:20 p.m. – 4:00 p.m.
8) There shall be no operation, maintenance or running of machinery or vehicles associated with the operation on weekends or holidays as stated in Section 8.7.A.3.a. of the Zoning Regulations.

Voting were: Huxley, Ford, Spear, Shurtleff and Winer.
Vote: 5 to 0.
Unanimous approval.


Chairman Huxley suggested that the Commission wait until the revised plans are submitted before certifying the Soil Erosion and Sedimentation Control Plan and to request a 30-day extension from the applicant.











2. 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.

a) Application #2011-008 for a Locational Approval to construct a retail store and gas station.

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.

It was moved by Ford and seconded by Shurtleff to approve the following resolution for Application #2011-008:

Whereas, the owner of the property, Mukesh Patel, in a document dated March 28, 2011, authorized John Paul Garcia & Associates to apply for the necessary zoning and building permits associated with the location and construction of a gasoline filling station and convenience store located at 6 Sargent Drive;

Whereas, John Paul Garcia applied on April 6, 2011 to the Bethany Planning and Zoning Commission for a Locational Approval for a Gasoline Filling Station located at 6 Sargent Drive (#2011-008);

Whereas, the applicant is proposing a gasoline filling station at this location, as shown on a submitted site plan dated May 24, 2011; The site plan shows a detached 3,600 square foot retail convenience store, several gasoline pumps on proposed islands, a canopy covering the proposed gasoline pumps, and a propane filling station;

Whereas, the Commission also notes that the site plan also shows several other activities on the subject site but that those activities are not addressed as part of this resolution;

Whereas, the public hearing for the Locational Approval for a Gasoline Filling Station (#2011-008) was held in conjunction with the public hearings for Application #2011-009 - Special Exception Gasoline Filling Station, Application #2011-010 - Site Plan Approval and Application 2011-011- Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit;

Whereas, the public hearings for the Locational Approval commenced on May 4, 2011 and concluded on June 1, 2011;

Whereas, the Commission conducted a site walk of the subject property on April 23, 2011;

Whereas, at two Special Meetings held on June 21, 2011 and June 29, 2011, the Commission considered the plans, testimony and other pertinent application information relating to this Locational Approval for a Gasoline Filling Station at 6 Sargent Drive;

Whereas, the Commission finds the following regarding this application:

The Commission finds that with regard to Section 5.1.B.2. and Section 5.2.B.1. of the Bethany Zoning Regulations, a gasoline filling station at this location, in the Business and Industrial Zone is a permissible use at this location.

The Commission received correspondence dated May 3, 2011, from Roderick White, Fire Marshal, in which he stated he approves of this site for the proposed gasoline filling station.

The location of the gasoline filling station is able to be accommodated at this location in that the width of the highway will not adversely impact public travel or traffic conditions at this location.

Based on the Commission’s knowledge of the Town and with the location and characteristics of the subject property, the Commission finds that the record supports issuing the requested Certificate of Locational Approval for the gasoline filling station.

Therefore Be It Resolved, that pursuant to Section 14-321 of the Connecticut General Statutes, the Bethany Planning and Zoning Commission approves the request for a Locational Approval for a Gasoline Filling Station located at 6 Sargent Drive (#2011-008). This property is shown as Assessor’s Map 117, Lot 11X.

Voting were: Huxley, Ford, Spear, Shurtleff and Winer.
Vote: 5 to 0.
Unanimous approval.


c) Application #2011-010 for a Site Plan Approval to construct a retail store and gas station.

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 #2011-010:

Whereas, the owner of the property, Mukesh Patel, in a document dated March 28, 2011, authorized John Paul Garcia & Associates to apply for the necessary zoning and building permits associated with the location and construction of a gasoline filling station and convenience store located at 6 Sargent Drive;

Whereas, John Paul Garcia applied on April 6, 2011, to the Bethany Planning and Zoning Commission for Site Plan Approval for a gasoline filling station, convenience store and propane filling station located at 6 Sargent Drive (#2011-010);

Whereas, the applicant is proposing a canopied gasoline filling station and a detached 3,600 square foot retail convenience store;

Whereas, public hearings were held on this Site Plan Approval (#2011-010) in conjunction with the public hearings for Application #2011-011 - Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit, Application #2011-009 - Special Exception Filling Station and Application #2011-008 - Locational Approval for a Gas Filling Station;

Whereas, said public hearings for all of the aforementioned applications commenced on May 4, 2011, and concluded on June 1, 2011, and this resolution applies only to the subject site plan application;

Whereas, the Commission conducted a site walk of the subject property on April 23, 2011;

Whereas, at two Special Meetings held on June 21, 2011, and June 29, 2011, the Commission considered the plans, testimony and other pertinent application information relating to the Site Plan Approval for a gasoline filling station, convenience store and propane filling station located at 6 Sargent Drive;

Whereas, the Commission notes that the applicant stated clearly on the record several times that they would leave site details, including architectural and building details, canopy design, signage details, parking details and lighting, including lighting levels, up to the Commission’s determination;

Whereas, the Commission makes the following findings regarding this application:

1) The Commission finds that the site plan clearly depicts the filling station canopy as encroaching on the 70-foot front yard setback along Amity Road.
2) The Town of Bethany Zoning Regulations do not permit “drive-thru” facilities as requested on the proposed site plan.
3) The site plan depicts signs which do not comply with the existing Bethany Zoning Regulations.
4) The Commission received correspondence dated May 3, 2011, from Roderick White, Fire Marshal, in which he stated he has no issues as far as the site plan is concerned.
5) The Commission received correspondence dated May 11, 2011, from David Nafis, Town Engineer, in which he stated that the application will require a State of Connecticut, Department of Transportation permit. He also raised concern about any potential spills that may occur.
6) The Commission received Inland Wetlands Permit #1070-M-1 dated April 6, 2011, for a retail store and gas station.
7) The Commission received a letter dated April 4, 2011, from Ronald Walters of the South Central Connecticut Regional Water Authority in which he states that the application was the subject of several previous review letters and that the revised site plans have addressed all previous concerns. He also states that the stormwater detention basin should be inspected and maintained on a regular basis.
8) The Commission received a letter dated May 20, 2011, from John Laudano of Quinnipiack Valley Health District in which he stated that the design meets the requirements of the State of Connecticut Public Health Code.

Now Therefore Be It Resolved, that pursuant to Section 5.2.B of the Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission denies the submitted Site Plan for a gasoline filling station, convenience store and propane filling station located at 6 Sargent Drive, as shown on the following plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
· “Site Development Plan”, dated March 14, 2007, revised to March 14, 2011, Drawing No. C-1.
· “Site Development Plan”, dated May 24, 2011, with no revisions, Drawing No. C-1a.
· “Site Drainage and Layout Plan”, dated March 14, 2007, revised to March 14, 2011, Drawing No. C-2.
· “Erosion and Sediment Control Plan”, dated March 14, 2007, revised to March 14, 2011, Drawing No. C-3.
· “Lighting and Landscaping Plan”, dated March 14, 2007, revised to May 24, 2011, Drawing No. C-4.
· “Septic Layout”, dated March 14, 2007, revised to May 3, 2011, Drawing No. C-5.
· “Typical Details”, dated March 14, 2007, revised to January 31, 2011, Drawing No. C-6.
· “Drainage Details”, dated March 14, 2007, revised to January 31, 2011, Drawing No. C-7.
· “Typical Details”, dated March 14, 2007, revised to January 31, 2011, Drawing No. C-8.

And for the following reasons:

1) The canopy does not meet the existing setback requirements found in Section 3.4 of the Zoning Regulations, nor does it meet Section 10.2.A of the Zoning Regulations, which requires that the development be in conformance with the purpose, intent, policies and programs of the Town of Bethany Plan of Conservation and Development, specifically, No. 3 of the Development Policies found of Page 30 in the 2010 Plan of Conservation & Development for the Town of Bethany.
2) Architectural renderings lacked sufficient detail, per Section 10.1 of the Zoning Regulations.
3) The drive-thru and order board are not listed as permitted uses in the Zoning Regulations and are, therefore, prohibited per Section 5.1 of the Zoning Regulations.
4) The sign does not meet the requirements of Section 10.2.K of the Zoning Regulations.

The Commission recommends the applicant meet with Town Staff to discuss possible revisions to the site plan that might make the plan more acceptable to the Commission. While the Commission discussed many possible revisions to the submitted plan, it was ultimately determined that such a significant number of revisions would essentially constitute a completely new site plan, thus the strong recommendation is to meet with staff to discuss possible site plan revisions.

Voting were: Huxley, Ford, Spear, Shurtleff and Winer.
Vote: 3 to 2.
In Favor: Spear, Shurtleff, Winer.
Opposed: Huxley, Ford.

Member John Ford stated for the record that he was opposed to the denial because he thought it should have gone the other way and the Commission should have given them an approved site plan with modifications.

Chairman Huxley stated for the record that she voted no because she does believe it meets the development goals of the town and that it would be a better process to give them an approved site plan with modifications.


b) Application #2011-009 for a Special Exception Permit – gas filling station.

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.

It was moved by Spear and seconded by Winer to approve the following resolution for Application #2011-009:

Whereas, the owner of the property, Mukesh Patel, in a document dated March 28, 2011, authorized John Paul Garcia & Associates to apply for the necessary zoning and building permits associated with the location and construction of a gasoline filling station located at 6 Sargent Drive;

Whereas, John Paul Garcia applied on April 6, 2011 to the Bethany Planning and Zoning Commission for Special Exception – Gasoline Filling Station located at 6 Sargent Drive (#2011-009);

Whereas, they are proposing a canopied gasoline filling station along with a detached 3,600 square foot retail convenience store;

Whereas, the public hearing for the Special Exception – Gasoline Filling Station (#2011-009) was held in conjunction with the public hearings for Application #2011-008 – Locational Approval for a Gasoline Filling Station, Application #2011-010 - Site Plan Approval and Application 2011-011 - Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit;

Whereas, said public hearings commenced on May 4, 2011 and concluded on June 1, 2011;

Whereas, the Commission conducted a site walk of the subject property on April 23, 2011;

Whereas, at two Special Meetings held on June 21, 2011, and June 29, 2011, the Commission considered the plans, testimony and other pertinent application information relating to this Special Exception – Gasoline Filling Station located at 6 Sargent Drive;

Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) Per Section 5.2.B.1 and Section 5.1.B.2 of the Zoning Regulations, the Commission finds that the use of a gas filling station and convenience store in the Business and Industrial Zone is a permissible use.
2) The Commission received correspondence dated May 3, 2011, from Roderick White, Fire Marshal, in which he states he has no issues as far as the site plan is concerned.
3) The Commission received a letter dated April 4, 2011, from Ronald Walters of the South Central Connecticut Regional Water Authority in which he states that the application was the subject of several previous review letters and that the revised site plans have addressed all previous concerns. He also states that the stormwater detention basin should be inspected and maintained on a regular basis.
4) The Commission received a letter dated May 20, 2011, from John Laudano of Quinnipiack Valley Health District in which he stated that the design meets the requirements of the Connecticut Public Health Code.

Now Therefore Be It Resolved, that the Bethany Planning and Zoning Commission denies the Special Exception – Gasoline Filling Station due to the lack of an acceptable site plan at this time. The required site plan was not approved.

The applicant should note the recommendation made by the Commission for the applicant to meet with staff regarding any proposed revisions to this application.

Voting were: Huxley, Ford, Spear, Shurtleff and Winer.
Vote: 5 to 0.
Unanimous approval.


d) Application #2011-011 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit.

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 for Application #2011-011:

Whereas, the owner of the property, Mukesh Patel, in a document dated March 28, 2011, authorized John Paul Garcia & Associates to apply for the necessary zoning and building permits associated with the location and construction of a gasoline filling station, convenience store and propane filling station located at 6 Sargent Drive;

Whereas, John Paul Garcia applied on April 6, 2011, to the Bethany Planning and Zoning Commission for Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit located at 6 Sargent Drive (#2011-011);

Whereas, the applicant is proposing a canopied gasoline filling station and a detached 3,600 square foot retail convenience store and propane filling station, which are not part of this resolution;

Whereas, public hearings were held on this Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit (#2011-011) in conjunction with the public hearings for Application #2011-009 - Special Exception – Gasoline Filling Station, Application #2011-010 - Site Plan Approval and Application #2011-008 – Locational Approval for a Gasoline Filling Station;
Whereas, said public hearings for all of the aforementioned applications commenced on May 4, 2011 and concluded on June 1, 2011;

Whereas, the Commission conducted a site walk of the subject property on April 23, 2011;

Whereas, at two Special Meetings held on June 21, 2011, and June 29, 2011, the Commission considered the plans, testimony and other pertinent application information relating to this Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit located at 6 Sargent Drive;

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

1) The Commission received correspondence dated May 11, 2011, from David Nafis, Town Engineer, in which he stated that the application will require a State of Connecticut Department of Transportation permit. He also raised concern about any potential spills that may occur.
2) The Commission received Inland Wetlands Permit #1070-M-1 dated April 6, 2011, for a retail store and gasoline station.
3) The Commission received a letter dated April 4, 2011, from Ronald Walters of the South Central Connecticut Regional Water Authority in which he states that the application was the subject of several previous review letters and that the revised site plans have addressed all previous concerns. He also states that the stormwater detention basin should be inspected and maintained on a regular basis.
4) The Commission received a letter dated May 20, 2011 from John Laudano of Quinnipiack Valley Health District in which he stated that the design meets the requirements of the State of Connecticut Public Health Code.

Therefore Be It Resolved, that the Bethany Planning and Zoning Commission denies this application for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit because the site plan was not approved and there is no reason to conduct any earth work.

Voting were: Huxley, Ford, Spear, Shurtleff and Winer.
Vote: 5 to 0.
Unanimous approval.



It was moved by Spear and seconded by Winer to adjourn the regular meeting at 9:27 p.m. Unanimous approval.

Respectfully submitted,



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

Tuesday, July 5, 2011

Bethany Conservation Commission
July 8, 2010

The meeting was called to order at 8:06 by Ken Martin. Also in attendance were Brian Eitzer, Bruce Loomis and Cathy Rives.
Cathy Rives was appointed secretary pro-tempore and was appointed to vote in place of Audrey Eisenstadt, who was absent. The minutes of the June 10, 2010 meeting were reviewed. Ken moved to accept the minutes as read, Bruce seconded the motion and the minutes were approved by unanimous vote.
Ken had noticed an undeveloped parcel of land at Pine Brook Crossing that abuts the Woodbridge town line. It is approximately 3.75 acres. It is uncertain if it will go to auction and we wondered if the town would be interested in buying it for the Open Space? After thorough examination of site maps, the committee decided that it would not be a good investment.
The committee went into Executive Session at 8:16 to discuss a possible Open Space Acquisition. The committee left Executive Session at 8:35. No votes were taken but the group agreed to pursue this possible Open Space opportunity.
It was noted that at present there are no Republicans on the Conservation Commission. This will be a consideration when looking to fill vacancies.
It was noted that the opening to the trail at the old recycling center is littered with debris of all sorts, so much so that it can't be entered safely. Ken will confirm if there is other access to this trail and look for maps. This issue needs to be dealt with.
Another area of concern is on Mesa Drive. Trails there are covered with ATV tracks that are filled with water. Bruce spoke to Trooper Merriam to speak to the possible offenders. A similar situation is happening at the Falls Road trail. It was noted that this property is owned by the town and so the town should enforce the ATV troubles.
Brian moved to adjourn, Ken seconded, the motion passed unanimously and the Commission adjourned at 9:04.
Cathy Rives
Secretary pro-tempore
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, JUNE 27, 2011 Page 1 of 3

The regular meeting of the Inland Wetlands Commission was called to order at 7:35 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following members of the Commission were present:
Alexandra Breslin, Vice-Chairman, Acting as Chair
Kristine Sullivan, Member
Brian Smith, Alternate Member

The following members of the Commission were absent or excused:
John Kane, Member
Jack Ellison, Member
Patricia McGregor, Chairman

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


ELECTION OF OFFICERS AND APPOINTMENT OF STAFF

It was the consensus of the Commission to table this discussion until the Commission has obtained more members. Tabled.


APPROVAL OF MINUTES

1. It was moved by Sullivan and seconded by Smith to approve the minutes of the May 23, 2011, Regular Meeting as proposed to be amended.
Voting were: Breslin, Sullivan, Smith.
Unanimous approval.

2. It was moved by Sullivan and seconded by Smith to approve the minutes of the June 6, 2011, Special Meeting as proposed to be amended.
Voting were: Breslin, Sullivan, Smith.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Patricia McGregor, Chairwoman of the Inland Wetlands Commission, dated June 27, 2011, Re: Resignation as Chairwoman of the Inland Wetlands Commission effective June 27, 2011.
2. Letter from Jack Ellison, Member of the Inland Wetlands Commission, dated June 24, 2011, Re: Resignation as Member of the Inland Wetlands Commission.



BILLS

1. It was moved by Sullivan and seconded by Smith to approve the payment of $495.00 for professional services on June 2, 2011, rendered by Martin Brogie, Inc. Environmental Services for Site Inspection and Letter Report, 100 Miller Road.
Voting were: Breslin, Sullivan, Smith.
Unanimous approval.


OLD BUSINESS

1. 122 and 123 Valley Road, Application #1165 submitted by the Town of Bethany for an Inland Wetlands Permit to replace a cross pipe –

No one was present to speak on behalf of this application.

Commission members discussed and proceeded to deliberate.

It was moved by Sullivan and seconded by Smith to accept and approve Application #1165 submitted by the Town of Bethany for an Inland Wetlands Permit to replace three cross pipes on 122 and 123 Valley Road, as shown on the revised map, submitted on May 4, 2011, received on May 23, 2011, and is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
This permit is subject to the use of Cape Cod Curbing.
As necessary, the applicant is to seed and loam any disturbed areas along the sides of the road once the site work is complete.

It is suggested that this permit be approved because the repairs are necessary and if done in accordance with the plan and what was discussed in the field with the applicant, there should be minimal or no impact to the wetlands.

The Commission also noted that the applicant had placed silt fabric in all of the catch basins.

Voting were: Breslin, Sullivan, Smith.
Unanimous approval.

2. Discussion regarding revising the wording on the Conservation Area Signs –

The Commission made changes to the proposed sign. It was moved by Sullivan and seconded by Smith to approve the purchase of an appropriate number of Inland Wetlands Review Area signs as modified by the Acting Chair.
Voting were: Breslin, Sullivan, Smith.
Unanimous approval.




ENFORCEMENT OFFICER’S REPORT

Isabel Kearns, Inland Wetlands Enforcement Officer, presented a copy of Public Act No. 11-5, An Act Extending the Time of Expiration of Certain Land Use Permits and suggested to the Commission that they amend the Inland Wetland Regulations to reflect this new bill. It was the consensus of the Commission to review this act further at the next meeting on July 25, 2011. Tabled.

444 Sperry Road (Route 69) – Karen Hubbell, Assistant IWEO, visited site to inspect runoff that was reported and stated there was no activity taking place.



It was moved by Sullivan and seconded by Smith that the Commission formulates an appropriate acknowledgement of Pat McGregor’s years of service and the Commission can vote on this at the July meeting and this would be incorporated in the minutes of the July meeting for a permanent record.
Voting were: Breslin, Sullivan, Smith.
Unanimous approval.


It was moved by Sullivan and seconded by Smith to adjourn the regular meeting at 8:22 p.m. Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
for the Inland Wetlands Commission