MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, SEPTEMBER 5, 2012 Page 1 of 5
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:
Melissa Spear, Chair,
Mary Shurtleff, Vice-Chair
Patricia Winer, Member
Kimberly McClure Brinton, Member
Michael Calhoun, Member
Donna Shea, Alternate Member
Nellie Rabinowitz, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Hiram Peck, Planning Consultant
APPROVAL OF MINUTES
1. It was moved by Shurtleff and seconded by Calhoun to approve, as submitted, the minutes of
the August 1, 2012, Regular Meeting.
Spear abstained.
Voting for: Shurtleff, Winer, Brinton, Calhoun, Shea.
Unanimous approval.
2. It was moved by Winer and seconded by Calhoun to approve, as submitted, the minutes
of the August 22, 2012, Special Meeting/Site Visit with the following amendments:
• Change Mary Carrington to Kim Carrington.
• Remove the name Mark Hawes, abutting property owner.
Voting for: Spear, Shurtleff, Brinton, Calhoun, Winer.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Bruce Loomis, Chairman Conservation Commission, dated September 4, 2012, Re: Subdivision proposals for 168/170 Beacon Road and 61 Russell Road, request for open space waiver.
2. Memo from Hiram Peck, Planning Consultant to Isabel Kearns, ZEO, dated August 22, 2012, Re: Review comments of plans for 4 Peck Road.
3. Memo from Jim Sakonchick, dated September 2, 2012, Re: Response comments to memo from Hiram Peck, Planning Consultant dated August 22, 2012, regarding 4 Peck Road.
4. Letter from Inland Wetlands Commission, dated August 31, 2012, Re: 61 Russell Road, proposed two-lot subdivision, no Inland Wetlands Permit required.
5. Letter from Inland Wetlands Commission, dated August 31, 2012, Re: 327 Litchfield Turnpike, proposed nonprofit agricultural activity, no Inlands Wetland action necessary.
6. Letter from Isabel Kearns, ZEO, to Todd Ryker of 2 Clay Road, dated July 16, 2012, Re: 2 Clay Road, bringing property in compliance with Zoning Regulations.
7. Email from Eugene Livshits of SCRCOG, dated August 31, 2012, Re: Town of Prospect Referral with proposed Zoning Regulation amendments attached.
8. Email from Eugene Livshits of SCRCOG, dated August 31, 2012, Re: Town of Hamden Referral with proposed Zoning Regulation amendments attached.
PUBLICATIONS AND WORKSHOPS
1. 30th Annual Connecticut Conference of Municipalities Convention and Exposition, October 23, 2012.
BILLS
1) It was moved by Shurtleff and seconded by Calhoun to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for August 2012, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Calhoun, Brinton, Winer.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO, noted the following:
• Mr. Dan Cusano of 185 Beacon Road - As a result of an enforcement letter for the non-permitted barn, Mr. Cusano is in discussion with the Inland Wetlands Commission and a site visit has been scheduled for Saturday, September 8, 2012, with the Inland Wetlands Commission.
• Liz Doering of 91 Bethway Road – Ms. Kearns stated she will be sending a letter of violation regarding the transfer of the permits of the previous farm and she will inquire about the existing apartment over the garage.
NEW BUSINESS
1) Discussion with Mark Hawes of 314 Sperry Road regarding proposed project at 327 Litchfield Turnpike (nonprofit agricultural) –
Present for this discussion were Susan Holbrook and Mark Hawes of 314 Sperry Road.
Hiram Peck, Planning Consultant, prepared a list of responses, dated August 30, 2012, to the questions submitted by Susan Holbrook and Mark Hawes received August 1, 2012, and distributed copies. Mr. Peck reviewed and discussed with the Commission.
Chairman Spear stated there will be more discussion when the Application #2012-017 comes up in old business for the proposed project located at 327 Litchfield Turnpike.
2) 168 and 170 Beacon Road, Application #2012-018 submitted by William Marek for a two-lot subdivision –
The Commission formally received the application. Present to speak on behalf of this application was Fred D’Amico, P.E./L.S. of D’Amico Associates, Oxford, Connecticut, representing the applicant, William Marek who was also present.
Isabel Kearns and Mr. D’Amico briefly reviewed the proposed two-lot subdivision stating that two houses were built on one lot under the old regulations and that the applicant has received a permit from the Inland Wetlands Commission and variances from the Zoning Board of Appeals.
Chair Spear stated the applicant has asked for a waiver for open space requirement and a waiver for a water supply source. The Commission did receive a response from the Bethany Volunteer Fire Department on the waiver for the water supply source but not from the Conservation Commission on the waiver for open space. Chair Spear stated a letter, dated September 4, 2012, was received from the Conservation Commission stating the Commission will not be able to review this application until their next regularly scheduled meeting on September 13, 2012.
Further discussion and appropriate action on the application was deferred until the PZC Special Meeting scheduled for Thursday, September 13, 2012. Tabled.
3) 4 Peck Road, Discussion regarding proposal for second home –
Present for this discussion was Jim Sakonchick, owner of 4 Peck Road.
Mr. Sakonchick submitted proposed site plans, dated April 13, 2012, revised to July 14, 2012, to the Zoning Enforcement Officer for two dwellings on one lot (historic house exists) located at 4 Peck Road. Hiram Peck, Planning Consultant, reviewed and submitted comments dated August 22, 2012.
Mr. Sakonchick addressed Mr. Peck’s comments and submitted his response in a letter dated September 2, 2012.
Mr. Sakonchick is looking for guidance from the Commission as to how to handle this proposed project.
Commission members discussed and determined comments from the Town Engineer are needed and the proposed plans do not meet the zoning regulations.
Mr. Sakonchick will take all comments into consideration.
The ZEO told Mr. Sakonchick to not revise plans until comments are received from the Town Engineer.
4) 667 Amity Road, Application #2012-019 submitted by Eric Soltis for a Sign Permit to advertise haunted attraction –
The Commission formally received the application.
Isabel Kearns, Zoning Enforcement Officer, recommended that the Commission authorize her to act on the subject application for compliance with the zoning regulations.
Commission members discussed and proceeded to deliberate.
It was moved by Winer and seconded by Calhoun to authorize the Zoning Enforcement Officer to review and approve Application #2012-019 submitted by Eric Soltis for a Sign Permit to advertise a haunted attraction located at 667 Amity Road.
Vote: 5 to 0.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
OLD BUSINESS
1) 61 Russell Road, Application #2012-016 submitted by Mark Romano for a two-lot subdivision –
Present to speak on behalf of this application was John Paul Garcia, P.E./L.S. representing the applicant, Mark Romano, who was also present.
Chair Spear stated the applicant has asked for a waiver for the open space requirement and a waiver for a water supply source. The Commission did receive a response from the Bethany Volunteer Fire Department on the waiver for the water supply source but not from the Conservation Commission on the waiver for open space. Chair Spear stated a letter, dated September 4, 2012, was received from the Conservation Commission stating the Commission will not be able to review this application until their next regularly scheduled meeting on September 13, 2012.
Further discussion and appropriate action on the application was deferred until the PZC Special Meeting scheduled for Thursday, September 13, 2012. Tabled.
2) 327 Litchfield Turnpike, Application #2012-017 submitted by Toby Fischer for a Home Occupation Permit for a home office for nonprofit agricultural endeavor -
Present to speak on behalf of this application was Toby Fischer, applicant. In discussion, some Commission members noted:
• Education programs will create more traffic.
• Farming is a permitted use.
• Residents that live on farm are the employees.
• Applicant would like to use farm as educational tool in community.
The following residents were in attendance and had concerns for the safety of their children in regard to people and volunteers entering the subject property:
• Susan Holbrook and Mark Hawes of 314 Sperry Road
• Kim Carrington of 332 Sperry Road
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, October 3, 2012. Tabled.
3) Discussion and possible action to set public hearing date regarding proposed amendments to the Zoning Regulations on accessory buildings and signage for larger parcels - Tabled.
4) Discuss increasing application fees – Tabled.
There being no further business to come before the Commission, it was moved by Brinton and seconded by Calhoun to adjourn the regular meeting at 9:05 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
