Monday, December 31, 2012

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, DECEMBER 5, 2012                                            Page 1 of 6

The regular meeting of the Planning and Zoning Commission was called to order at 7:03 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
            Michael Calhoun, Member
            Kimberly McClure Brinton, Member
            Patricia Winer, Member
            Nellie Rabinowitz, Alternate Member
            Donna Shea, Alternate Member

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


APPROVAL OF MINUTES

1.      It was moved by Winer and seconded by Shurtleff to approve the minutes of
the November 15, 2012, Regular Meeting with the following amendments:
·         Page 4, Second Paragraph, Second Bullet – Reads “The ZEO stated all her comments
have been addressed in her memo dated September 20, 2012.” Change to “The ZEO stated all the comments listed in her memo dated September 20, 2012, have been addressed by the applicant.”
·         Page 5, Item 1), First Paragraph, First Sentence – Reads “Hiram Peck, Planning Consultant, stated this is not a public hearing, there is no application and that this is just an informational gathering to provide the Commission with a potential project.” Change to “Hiram Peck, Planning Consultant, stated this is not a public hearing, there is no application and that this is just an informational gathering to provide the Commission with information regarding a potential project.”
·         Page 5, Item 1), Second Paragraph, Fifth Bullet – Reads “Attorney John Parese or Parrett, Porto, Parese & Colwell, Hamden, CT” Change to “Attorney John Parese of Parrett, Porto, Parese & Colwell, Hamden, CT.
Voting for:  Spear, Shurtleff, Calhoun, Winer.
Brinton abstained, as she was not present at meeting.
Unanimous approval.


BILLS

1)      It was moved by Calhoun and seconded by Shurtleff to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for November 2012, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for:   Spear, Shurtleff, Brinton, Calhoun, Winer.
Unanimous approval.

2)      It was moved by Calhoun and seconded by Shurtleff to approve the payment of a bill for $95.00, dated December 5, 2012, from Anne Sohon for recording services for the public hearing (88 Beacon Road).
Voting were:  Spear, Shurtleff, Brinton, Calhoun, Winer.
Unanimous approval.


GENERAL CORRESPONDENCE

1.      Letter from Quinnipiack Valley Health District, dated November 29, 2012, Re:  Review comments on 88 Beacon Road, proposed detached utility building.
2.      Letter from Town Clerk Nancy McCarthy, dated November 20, 2012, Re:  Request for 2013 Meeting Schedule with attached 2013 meeting scheduled prepared to PZC clerk.
It was moved by Brinton and seconded by Winer to approve the adoption of the January 2013 through January 2014 schedule of Planning and Zoning Commission Meetings as presented to the Commission by the Clerk.
Voting for:   Spear, Shurtleff, Brinton, Calhoun, Winer.
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO, noted the following:
  • Working with Town Attorney on citation and fine for property located at 27 Hamilton Drive.


PUBLIC HEARING

88 Beacon Road (Albers Foundation), Application #2012-024 submitted by Hunter Smith Associates for a Special Exception Permit for a utility building

At 7:16 p.m., Chair Spear called to order the public hearing on Application #2012-024.  The call for the public hearing was read.  Chair Spear reviewed the complete contents of the application file.

Chair Spear then noted that the Commission has received the following items relative to the subject application.  Exhibit identification was assigned as noted:
  1. Exhibit 1A – Narrative from Hunter Smith Associates, dated November 2012, Re:  The Josef and Anni Albers Foundation, 88 Beacon Road.
  2. Exhibit 1B – Letter from the Inland Wetlands Commission dated November 1, 2012, Re:  Review comments on 88 Beacon Road (Albers Foundation), proposed building.



  1. Exhibit 1C – Letter from the Quinnipiack Valley Health District, dated November 2, 2012, Re:  Review of proposed detached utility/storage building, no water or sewage service.
  2. Exhibit 1D – Email from Ron Walters of the South Central Connecticut Regional Water Authority, dated November 20, 2012, Re:  88 Beacon Road is off the public water supply watershed.
  3. Exhibit 1E – not assigned.
  4. Exhibit 1F – Letter to Hunter Smith, dated November 26, 2012, Re:  Notification of public hearing scheduled to 88 Beacon Road on December 5, 2012.
  5. Exhibit 1G – Set of plans prepared by John Paul Garcia & Associates, Bethany, Connecticut, entitled as follows:
    • “As-Built Site Plan”, dated December 26, 1994, revised to November 1, 2012, Drawing No. AB-1.
    • “Erosion Control Plan”, dated November 1, 2012, with no revisions, Drawing   No. EC-1.
  1. Exhibit 1H - Letter from Quinnipiack Valley Health District, dated November 29, 2012, Re:  Review comments on 88 Beacon Road, proposed detached utility building.

Present to speak on behalf of the application was Hunter Smith, Hunter Smith Architects of Hamden, CT, representing the applicant.  Also present was Fritz Horztman, Facilities Manager of The Albers Foundation.

The following are some items Mr. Smith noted during his presentation at the public hearing:
  • There will be no bathrooms or sinks in proposed building.
  • A partial basement is being proposed to store crates under the same environmental controls.
  • The building will operate air conditioning, heating and humidification and there will have to be some type of water brought into the building.

Commission members asked questions and determined a site visit was not necessary at this time for this application.

Chair Spear then asked if there were any comments from the public.  There were no comments from the public. 

At 7:39 p.m., the hearing was closed on the subject application.


NEW BUSINESS

1)      63 Sargent Drive, Application #2012-025 submitted by Paul Dispazio for a Site Plan Approval

The Commission formally received the application.  No one was present to speak on behalf of this application.

Isabel Kearns, ZEO, recommended the Commission schedule a public hearing. 

Hiram Peck, Planning Consultant, asked if architectural and landscaping plans were submitted.  The ZEO will work with the applicant to make sure application is complete.

The Commission scheduled a public hearing at the next scheduled regular meeting on Wednesday, January 2, 2013, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall.  Tabled.


2)      63 Sargent Drive, Application #2012-026 submitted by Paul Dispazio for a Special Exception for Outside Storage and for an Accessory Apartment

The Commission formally received the application.  No one was present to speak on behalf of this application.

Isabel Kearns, ZEO, recommended the Commission schedule a public hearing. 

Hiram Peck, Planning Consultant, asked if architectural and landscaping plans were submitted.  The ZEO will work with the applicant to make sure application is complete.

The Commission scheduled a public hearing at the next scheduled regular meeting on Wednesday, January 2, 2013, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall.  Tabled.


3)      63 Sargent Drive, Application #2012-027 submitted by Paul Dispazio for a Special Exception for Earth Removal, Excavation, Filling, Stockpiling and Grading Permit -

The Commission formally received the application.  No one was present to speak on behalf of this application.

Isabel Kearns, ZEO, recommended the Commission schedule a public hearing. 

Hiram Peck, Planning Consultant, asked if architectural and landscaping plans were submitted.  The ZEO will work with the applicant to make sure application is complete.

The Commission scheduled a public hearing at the next scheduled regular meeting on Wednesday, January 2, 2013, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall.  Tabled.





OLD BUSINESS

1.      88 Beacon Road (Albers Foundation), Application #2012-024 submitted by Hunter Smith Associates for a Special Exception Permit for a utility building

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

It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2012-024:

Whereas, in a document dated October 31, 2012, the Josef Albers Foundation, owner of     88 Beacon Road, authorized Hunter Smith to act on its behalf to obtain a special exception permit to construct a utility building located at 88 Beacon Road;

Whereas, Hunter Smith applied for a special exception permit to construct a utility building located at 88 Beacon Road on November 5, 2012;

Whereas, the Commission opened a public hearing on this application on December 5, 2012 and closed the public hearing at the conclusion of testimony that same evening;

Whereas, the Commission, at its regular meeting also held on December 5, 2012, considered the maps, testimony and other pertinent application information relating to a request for a special exception permit to construct a utility building located at 88 Beacon Road;

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

1)                  The Commission received a letter dated November 29, 2012, from Lynn Fox and Leslie Balch, Quinnipiack Valley Health Districts representatives, in which they state that they can recommend approval of the proposed utility building, but that the building cannot be served by a water supply.
2)                  The Planning and Zoning Commission received correspondence from the Inland Wetlands Commission dated November 1, 2012, stating that no Inland Wetlands Commission action is required for the proposed activity.
3)                  The Planning and Zoning Commission received a copy of an e-mail from Ron Walters of the South Central Connecticut Regional Water Authority dated   November 20, 2012, in which he indicates that this property is off the public water supply watershed.
4)                  Rod White, Fire Marshal, signed off on the back of the application form on  December 4, 2012, indicating his approval.

Now Therefore Be It Resolved, that pursuant to Section 4.4.A. of the Zoning Regulations of the Town of Bethany, adopted to December 7, 2011, the Bethany Planning and  Zoning Commission hereby approves Application #2012-024 from Hunter Smith/Albers Foundation, for a special exception permit to construct a utility building located at 88 Beacon Road in accordance with the following submitted plans prepared by John Paul Garcia and Associates, Bethany, Connecticut:
A.    “As-Built Site Plan”, dated December 26, 1994, revised to November 1, 2012, Drawing No. AB-1.
B.     “Erosion Control Plan”, dated November 1, 2012, with no revisions, Drawing        No. EC-1.

And with the following conditions:
1)      All exterior lighting shall be full cut off.
2)      The building cannot be served by a water supply unless approved by the Quinnipiack Valley Health District.
3)      There will be no sinks or bathrooms in the building as per the applicants testimony during the public hearing on December 5, 2012.
Vote 5 to 0.
Voting for:  Spear, Shurtleff, Brinton, Calhoun, Winer.
Unanimous approval.

It was moved by Winer and seconded by Shurtleff to approve the request for a waiver of architectural drawings due to the fact the utility shed will not be visible from Beacon Road or any of the surrounding residential properties.
Vote 5 to 0.
Voting for:  Spear, Shurtleff, Brinton, Calhoun, Winer.
Unanimous approval.

2.      Green Haven, Inc., for an informal discussion regarding possible development on 4 and 21 Meyers Road, known as Halter Estates – Special Meeting scheduled for December 12, 2012, at 6:00 p.m.  Tabled.

3.      Continue discussion and possible action to set public hearing date regarding proposed amendments to the Zoning Regulations on accessory buildings, signage for larger parcels, home occupation permits, etc. -  Special Meeting scheduled for Wednesday, December 12, 2012, at 6:00 p.m.   Tabled.

4.      Continue discussion on Village Districts – Special Meeting scheduled for Wednesday, December 12, 2012, at 6:00 p.m.  Tabled.

5.      Discuss increasing application fees  Tabled.

There being no further business to come before the Commission, it was moved by Shurtleff and seconded by Winer to adjourn the regular meeting at 8:10 p.m.  Unanimous approval.

Respectfully submitted,


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