Wednesday, July 25, 2012

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION SPECIAL MEETING OF WEDNESDAY, JULY 18, 2012                Page 1 of 4

The special meeting of the Planning and Zoning Commission was called to order at      6:30 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, Chairman
            Mary Shurtleff, Vice-Chairman
            Michael Calhoun, Member
            Patricia Winer, Member
            Donna Shea, Alternate Member, seated as a voting member.

The following Commission members were absent or excused:
            Kimberly McClure Brinton, Member
            Nellie Rabinowitz, Alternate Member

Also present were:
            Isabel Kearns, Zoning Enforcement Officer


·         Public Hearing Continuation pertaining to the following application for property located at 324 Wooding Hill Road, Application #2012-012 submitted by Megan Robertson for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit -

At 6:35 p.m., Chair Spear called to order the public hearing continuation on       Application #2012-012.  The call for the public hearing continuation was read. 

Chair Spear stated for the record that she did not attend the site visit on July 15, 2012, but walked the site on her own.  Chair Spear noted that all the Commission members in attendance this evening attended the site visit on July 15, 2012.

Chair Spear noted that the Commission has received the following items relative to the subject application.  Exhibit identification was assigned as noted:
A.    Exhibit 2A – Email from Alexis Rinaldi, RS from the Quinnipiack Valley Health District, dated July 16, 2012, Re:  Approval of the site plan revised to July 5, 2012, for 324 Wooding Hill Road.
B.     Exhibit 2B – Copy of Inland Wetlands Permit #1188 for a residential site development located at 324 Wooding Hill Road, approved July 16, 2012.
C.     Exhibit 2C  Copy of “Long Term Maintenance Schedule – 324 Wooding Hill Road”, dated July 16, 2012 prepared by the applicant.

Present to speak on behalf of the application was Mr. Fern Tremblay, P.E. from Angus McDonald/Gary Sharpe & Associates. 

In discussion, some Commission members noted:
·         Applicant is going try to preserve the wolf tree that was viewed at the site visit.
·         Applicant might be removing any unused material after site is completed so there will be no stockpiling.

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

At 6:45 p.m., Chair Spear closed the public hearing on the subject application.

Isabel Kearns, Zoning Enforcement Officer,  prepared a draft resolution.  Commission members reviewed and proceeded to deliberate.

It was moved by Shurtleff and seconded by Calhoun to approve the following resolution for Application #2012-012:

Whereas, the owner of the property, Joleslie Oudeh (Harold Michael Trust) authorized Megan Robertson to act as the agent for this application in a letter dated March 26, 2012;

Whereas, Megan Robertson applied on May 2, 2012, to the Bethany Planning and Zoning Commission for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit for site work associated with the development of 324 Wooding Hill Road;

Whereas, the applicant proposes to disturb 1.90 acres, including 3,911 cubic yards of cuts and 1,087 cubic yards of fill in conjunction with the development of this lot;

Whereas, the Commission held public hearings on June 6, 2012, July 11, 2012 and       July 18, 2012, on this application (#2012-012);

Whereas, the Commission closed the public hearing at the conclusion of the testimony on July 18, 2012;

Whereas, the Commission at its special meeting of July 18, 2012, considered the plans, testimony and other pertinent application information associated with this Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading application for the site development of 324 Wooding Hill Road;

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

  1. The Commission received an e-mail from Alexis Rinaldi, Quinnipiack Valley Health District Representative, in which she states that she has approved the Site Development Plan with a revision date of July 5, 2012.
  2. The Commission received Permit #1188 from the Inland Wetlands Commission which was approved on July 16, 2012.
  3. The Commission received a letter dated June 5, 2012, from Ronald Walters, representative of the South Central Connecticut Regional Water Authority, in which he provides some general comments regarding erosion control, septic system maintenance, etc.




  1. The Commission received two letters from Nafis & Young Consulting Engineers (Town Engineer) dated June 6, 2012, and June 24, 2012.  Per the letter dated      June 24, 2012, the driveway drainage shall be inspected after installation and after several storm events to insure everything is functioning properly.
  2. The Commission received a document entitled, Long-Term Maintenance Schedule (dated July 16, 2012) from Angus McDonald, Jr., the applicant’s engineer.
  3. The Commission finds that the Erosion and Sedimentation Control Plan is acceptable and is hereby approved as shown on the Overall Site Development Plan and Site Development Plan prepared by Angus McDonald, Gary Sharpe and Associates both dated March 23, 2012, last revised July 5, 2012 and as reflected in the Long Term Maintenance Schedule – 324 Wooding Hill Road, Bethany, CT dated July 16, 2012.
  4. The Commission received letters dated June 22, 2012, and July 5, 2012, from Evans Associates Environmental Consulting.  Ms. Evans suggestions have been incorporated in the approved plan revised to July 5, 2012.

Now Therefore Be It Resolved, that pursuant to Section 8 of the Bethany Zoning Regulations, amended to December 11, 2011, the Bethany Planning and Zoning Commission approves the Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit for the development of 324 Wooding Hill Road, as presented in the application and in association with the testimony given, and in accordance with the following submitted plans prepared by Angus McDonald/Gary Sharpe & Associates, Inc., Old Saybrook, Connecticut, entitled:
·         “Overall Site Development Plan”, dated March 23, 2012, revised to July 5, 2012.
·         “Site Development Plan”, dated March 23, 2012, revised to July 5, 2012.

And with the following conditions:

1)      An estimate for a bond for erosion control measures must be received and reviewed by Town Engineer.
2)      Said bond must be in an amount acceptable to Town Engineer and in a form acceptable to Town Counsel.
3)      Prior to the commencement of work, the Zoning Enforcement Officer shall inspect and approve ALL erosion control measures.
4)      The driveway drainage must be inspected and approved by the Town prior to a certificate of occupancy being issued.
5)      A bond shall be held for a period of one year to assure the driveway drainage functions adequately.
6)      As agreed to by the applicant, the applicant/homeowner/future owners will be responsible for the long-term maintenance of the driveway drainage as outlined in the long-term stormwater maintenance document dated July 16, 2012.  Should the applicant/owner fail to properly maintain the drainage structures, the Town shall have the absolute right to conduct such work to comply with the long-term maintenance plan.  If the Town is required to do said work, the Town shall be privileged to place a lien on the property for the cost of the work performed, any legal fees, engineering fees or any other such cost associated with the maintenance

and placing of the lien on the property.  Said maintenance agreement is specifically to insure that to the extent possible the work being performed to create the new driveway will not adversely affect the pond and associated wetlands located on the abutting property, 304 Wooding Hill Road.  Also, that the maintenance agreement is being required so as to insure that the existing town drainage system in the area is not adversely affected by the construction of the new driveway or any erosion and sedimentation over time from the same driveway, side slopes or grading.
7)      A notice shall be placed on the land records to assure that future owners are aware of the long-term maintenance obligation of the stormwater management system.
8)      A minimal amount of material may be trucked offsite in order to avoid stockpiling of any excess material related to the site development.  However, select fill may be introduced to the site for the septic system.

Voting in favor:  Spear, Shurtleff, Calhoun, Winer, Shea.
Voting opposed:  None.
Vote 5 to 0.
Unanimous approval.

     
There being no further business to come before the Commission, it was moved by Shurtleff     and seconded by Shea to adjourn the special meeting at 6:59 p.m.  Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
For the Planning and Zoning Commission
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION SPECIAL MEETING OF MONDAY, JULY 16, 2012                                                     Page 1 of 4

The special meeting of the Inland Wetlands Commission was called to order at 7:36 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, Chair
            Kristine Sullivan, Vice-Chair
            Roger Hathaway, Member

The following members of the Commission were absent:
            Brian Smith, Member
            Lisa Gaw, Member

Also present was:
            Isabel Kearns, Inland Wetlands Enforcement Officer


1.      Discussion and possible action regarding 63 Sargent Drive, Application #1182 submitted by Paul Dispazio for the construction of 182’ by 80’ storage building and parking area

Present for this application was John Paul Garcia, P.E./L.S. representing the applicant.            Mr. Garcia submitted a consent to an extension of 35 days to act on the subject application.     Mr. Dispazio has not paid the outstanding fees.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, August 27, 2012.  Tabled.


2.      Discussion and possible action regarding 63 Downs Road, Application #1187 submitted by Roger and MaryEllen Simon for the replacement of a bridge across the spillway

Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicants, Roger and MaryEllen Simon.  Mr. Garcia submitted a letter dated June 27, 2012, from the applicants giving him authorization to represent them in their absence.

Mr. Garcia also submitted three pages of sketches of the proposed new bridge prepared by Roger Simon, submitted July 10, 2012.  Commission members discussed and proceeded to deliberate. 

It was moved by Sullivan and seconded by Hathaway to approve Application #1187 submitted by Roger and MaryEllen Simon for the replacement of the existing bridge across the outflow channel in accordance with the pertinent application information submitted and the three sketches prepared by Roger Simon submitted July 10, 2012;

And with the following conditions in addition to the standard conditions found on the Land Records, Volume 93, Page 802 and Page 803:
  1. The existing concrete pad shall be removed from the site and will not be broken up in the area.

  1. The timing of the building of the concrete abutment walls to be field and weather checked by the Inland Wetlands Enforcement Officer so that the work is completed in dry conditions.
  2. Washing of any concrete machinery shall not be done in any proximity to the watercourse/wetlands.
  3. Compliance with conditions 1 through 3 listed in a letter from South Central Connecticut Regional Water Authority to Isabel Kearns, dated  June 11, 2012.
  4. Any proposed work on the hall road will be subject to a permit modification.

The Commission’s decision was based on the fact that if all the conditions of this permit are adhered to there should be no disturbance to the onsite watercourse/wetlands.
Voting in favor:  Breslin, Sullivan, Hathaway.
Voting opposed:  None.
Vote 3 to 0.
Unanimously approved.


3.      Discussion and possible action regarding 324 Wooding Hill Road, Application #1188 submitted by MLR Properties, LLC for a residential site development

Present to speak on behalf of this application was Angus McDonald, L.S., representing the applicant Megan Robertson, who was also present. 

Mr. McDonald briefly reviewed the revised plans that address the concerns of Evans Associates in a letter dated July 5, 2012, to Barbara Welker.  Mr. McDonald submitted an email dated     July 10, 2012, from Ms. Evans stating she appreciates Mr. McDonald’s willingness to change the plans and cooperation with the concerns of the pond on Mrs. Welker’s property.

Mr. McDonald submitted to the Inland Wetlands Commission a copy of the “Long Term Maintenance Schedule Agreement” which was suggested by the Planning and Zoning Commission.

Mrs. Barbara Welker was also present and spoke briefly.

Commission members discussed and proceeded to deliberate.

It was moved by Sullivan and seconded by Hathaway to approve Application #1188 submitted by MLR Properties, LLC for a residential site development located at 324 Wooding Hill Road in accordance with the following submitted plans prepared by Angus McDonald/Gary Sharpe & Associates, Inc., Old Saybrook, Connecticut:
  1. “Overall Site Development Plan”, dated March 23, 2012, revised to July 5, 2012.
  2. “Site Development Plan”, dated March 23, 2012, revised to July 5, 2012.




And with the following conditions in addition to the standard conditions found on the Land Records, Volume 93, Page 802 and Page 803:
a)      The proposed grading on the east side of the driveway, which is shown on the approved site plans, is an integral part of the protection of the pond and associated adjacent wetlands located on the abutting property 304 Wooding Hill Road n/f owned by Barbara Welker.
b)      The applicant/homeowner is responsible for the long-term maintenance of the driveway drainage as outlined in the long-term stormwater maintenance document.  Should the applicant/owner fail to properly maintain the drainage structures, the Town shall have the absolute right to conduct such work to comply with the long-term maintenance plan.  If the Town is required to do said work, the Town shall be privileged to place a lien on the property for the cost of the work performed, any legal fees, engineering fees or any other such cost associated with the maintenance and placing of the lien on the property.
c)      The applicant shall record a copy of this Inland Wetlands Permit #1188 on the Land Records, and furnish a copy of that recording to the Commission for its records.
d)     The construction of the berm and swale shall be reviewed and approved by the designing engineer to assure they have been constructed in accordance with the approved plan.

The Commission’s decision is based on the best engineering practices and the comments submitted by Beth Evans in a letter dated July 5, 2012, and should be protecting the pond associated with the adjacent wetlands there should be no adverse impact on the adjacent wetlands.
Voting in favor:  Breslin, Sullivan, Hathaway.
Voting opposed:  None.
Vote 3 to 0.
Unanimously approved.


4.      Discussion and possible action regarding 168/170 Beacon Road, Application #1190 submitted by William Marek for a two-lot subdivision -

No one was present for this application.

Commission members discussed and proceeded to deliberate.

It was moved by Sullivan and seconded by Hathaway to approve Application #1190 submitted by William Marek for a two-lot subdivision in accordance with the following submitted plans prepared by D’Amico Associates, Oxford, Connecticut, in addition to the standard conditions found on the Land Records, Volume 93, Page 802 and Page 803:
  1. “Record Subdivision Map for Parcel B, Robert & Helen Marek”, dated June 25, 2012.
  2. “Site Development Map”, dated June 25, 2012.






The Commission’s decision is based on the fact that the lots, as they are configured on the site development map, have been developed appropriately and also with the recommendation to the Planning and Zoning Commission that a maintenance agreement for the driveway be provided and in a form and content acceptable to Town Counsel.
Voting in favor:  Breslin, Sullivan, Hathaway.
Voting opposed:  None.
Vote 3 to 0.
Unanimously approved.


ADJOURNMENT

There being no further business to come before the Commission, it was moved by Sullivan         and seconded by Hathaway to adjourn the special meeting at 8:12 p.m.  Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
for the Inland Wetlands Commission
Bethany Conservation Commission
May 10, 2012
Bruce Loomis called the meeting to order at 8:10. Also in attendance were Brian Eitzer, Lisa Tavolacci and Cathy Rives
Brian moved to accept the minutes of the April 12 meeting, Bruce seconded  and the motion passed.
Bruce shared information from Elizabeth Moore about Open Space Preservation and Development. We will be looking at many systems while developing our own for the town. A list of town properties was shared that we will need to look at and assess to place into a rating system of our own.
There was a discussion as to what type of award the Conservationist of the Year should receive. Brian moved that the winner be allowed to choose where a donation of fifty dollars goes:  to the Land Trust Society or to the Historical Society. Lisa seconded the motion and the motion passed.
The Commission moved into Executive Session at 8:45 to discuss Conservationist of the Year. Executive Session ended at 8:55.
Bruce moved to adjourn at 9pm, Lisa seconded and the motion passed.
Respectfully submitted,
Cathy Rives
Secretary pro-tempore

Monday, July 23, 2012


Bethany Conservation Commission

June 14, 2012

The meeting was called to order at 8:00 by Bruce Loomis. Also in attendance were Brian Eitzer, and Cathy Rives.

Stacy Stone made a presentation about the Bethany Community Energy Neighbor to Neighbor Challenge. She mentioned that the free lighting program ends June 30th but the Home Energy Solutions program was renewed for another year.

Bruce moved to accept the May 10 minutes and Brian seconded. One amendment noted the minutes should read “Bethany Land Trust” not “Land Trust Society”. The amended minutes passed unanimously.

Bruce shared some new correspondence regarding the Naugatuck State Forest Plan. The plan was discussed as it impacts Bethany.

Bruce noted that bills for the Conservationist of the Year award were minimal. Also it was noted that Kimberly McClure who won the award chose to give the awards donation to the Bethany Historical Society.

There was a discussion of the minutes from the Inland Wetlands and Planning and Zoning Committees.

Bruce moved that we renew our membership in CACIWCalong with Inland Wetlands. Kathy seconded the motion and the motion passed.

There was a discussion of Farmland Preservation Ratings Systems. It was determined that we will need to come up with our own but several examples from other towns were shown.

It was discussed as to whether or not we would meet this summer but it was decided to not yet cancel the summer meetings.

Brian moved to adjourn at 8:40, Kathy seconded and the motion passed.


Respectfully submitted,

Brian Eitzer

Secretary pro-tempore







MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JULY 11, 2012                                                         Page 1 of 8

The regular meeting of the Planning and Zoning Commission was called to order at 7:01 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

Kimberly McClure Brinton, Member

Michael Calhoun, Member

Donna Shea, Alternate Member, seated as a voting member

Nellie Rabinowitz, Alternate Member, seated until Member Brinton arrived at 7:05 p.m.

The following Commission Member was absent or excused:

Patricia Winer, 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 June 6, 2012, Regular Meeting.

Voting for: Spear, Shurtleff, Calhoun, Rabinowitz, Shea.

Unanimous approval.

GENERAL CORRESPONDENCE

1. Letter from Barbara Welker of 304 Wooding Hill Road, dated June 6, 2012, Re: Concern with application for 324 Wooding Hill Road pertaining to pond on 304 Wooding Hill Road with five photographs attached.

2. Letter from Nafis & Young, Town Engineer, dated June 6, 2012, Re: Review of plans dated June 4, 2012, for 324 Wooding Hill Road.

3. Letter from Nafis & Young, Town Engineer, dated June 24, 2012, Re: Review of supplemental information for 324 Wooding Hill Road.

4. Letter from Evans Associates to Barbara Welker, dated June 22, 2012, Re: Site Inspection of 17 Acre Property, Wooding Hill Road, Bethany.

5. Letter from Evans Associates to Barbara Welker, dated July 5, 2012, Re: Recommendations to Protect Wetland/Pond, Wooding Hill Road.

6. Email from John Laudano, Quinnipiack Valley Health District Representative, dated July 10, 2012, Re: Approval of proposed food service business at 777 Amity Road (Chubby Oven).

7. Email from Ron Walters, South Central Connecticut Regional Water Authority, dated July 11, 2012, Re: 777 Amity Road and 53 Lacey Road are off the public water supply watershed.

8. Letter from Neighbors of 1052 Amity Road, dated June 28, 2012, Re: Concerned with activity of resident at 1052 Amity Road, dirt bike race and jumping course with attached photographs.

The Commission discussed Section 6.19 of the Zoning Regulations, and will use this Section in a letter which Hiram Peck, Planning Consultant, will draft to forward to property owner.

9. Letter from Isabel Kearns, ZEO, to Liz Doering of 184 Sperry Road, dated July 3, 2012, Re: Use of Property at 91 Bethway Road.

10. Letter from The Connecticut Environmental Review Team, date June 2012, Re: Free service to municipalities of CT in making land use decisions.

11. Email from SCRCOG with attached information, dated June 26, 2012, Re: Town of Hamden proposed Zoning Regulation Amendments.

12. Email from SCRCOG with attached information, dated June 26, 2012, Re: Town of Cheshire proposed Zoning Regulation Amendments.

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 June 2012, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for: Spear, Shurtleff, Calhoun, Rabinowitz, Shea.

Unanimous approval.

2) It was moved by Shurtleff and seconded by Spear to approve the payment of a bill for $95.00, dated July 11, 2012, from John McLeod for recording services for the public hearing (324 Wooding Hill Road).

Voting were: Spear, Shurtleff, Calhoun, Brinton, Shea.

Unanimous approval.

ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO, discussed the following:

• Letter to Liz Doering, dated July 3, 2012, property at 91 Bethway Road – Ms. Doering purchased 91 Bethway Road and a new business will be coming in. In the Zoning Regulations, Section 4.4.E. states the residents who dwell on the property need to operate the business. The owner does not have to live on the property.

• Last month sent out violation letters from the list prepared December 7, 2011. Ms Kearns stated she has had many responses to work towards compliance. For those who did not reply, Ms. Kearns will send out a second letter.

PUBLIC HEARING

324 Wooding Hill Road, Application #2012-012 submitted by Megan Robertson for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit –

At 7:30 p.m., Chair Spear called to order the public hearing on Application #2012-012. The call for the public hearing was read. Chair Spear reviewed the complete contents of the application file.

Chair Spear noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:

A. Exhibit 1A – Letter from Barbara Welker of 304 Wooding Hill Road, dated June 6, 2012, Re: Concern with application for 324 Wooding Hill Road pertaining to pond on 304 Wooding Hill Road with five photographs attached.

B. Exhibit 1B – Letter from Nafis & Young, Town Engineer, dated June 6, 2012, Re: Review of plans dated June 4, 2012, for 324 Wooding Hill Road.

C. Exhibit 1C – Letter from Nafis & Young, Town Engineer, dated June 24, 2012, Re: Review of supplemental information for 324 Wooding Hill Road.

D. Exhibit 1D – Letter from Evans Associates to Barbara Welker, dated June 22, 2012, Re: Site Inspection of 17 Acre Property, Wooding Hill Road, Bethany with attached map hand marked with blue highlighter.

E. Exhibit 1E – Letter from Evans Associates to Barbara Welker, dated July 5, 2012, Re: Recommendations to Protect Wetland/Pond, Wooding Hill Road with attached map hand marked with red pencil.

F. Exhibit 1F – Letter from New England Environmental Service, Richard Snarski, Certified Soil Scientist, to Angus McDonald, Jr., L.S., dated June 18, 2012, Re: Review comments on surface drainage swale and man-made pond on abutting property.

Isabel Kearns, ZEO, stated the Inland Wetlands Commission has not acted on this application at this time but the Wetlands Commission has scheduled a Special Meeting on Monday, July 16, 2012.

Present to speak on behalf of the application was Mr. Fern Tremblay, P.E. from Angus McDonald/Gary Sharpe & Associates. Mr. Tremblay submitted revised plans prepared by Angus McDonald/Gary Sharpe & Associates, Old Saybrook, Connecticut, entitled as follows:

a. “Overall Site Development Plan”, dated March 23, 2012, revised to July 5, 2012.

b. “Site Development Plan”, dated March 23, 2012, revised to July 5, 2012.

Mr. Tremblay reviewed the proposed project. Some of topics Mr. Tremblay noted are:

• The grading around the proposed house will be minimal.

• Soil testing has been completed with Quinnipiack Valley Health District in January 2012 and the septic system has been approved.

• The revised plans address the concerns mentioned in the Evans Associates letters dated June 22, 2012 and July 5, 2012.

• Letter from Soil Scientist Richard Snarsky, dated June 18, 2012, states the wetlands (pond) are off the subject property.

In discussion, some Commission members noted:

• Concerned with sheet flow from proposed driveway and if catch basin can handle volume of water.

• The property owner shall be responsible to maintain catch basin but if property owner doesn’t Town should have permission to do so.

• Maintenance of swale, berm and catch basin will be very critical.

• Fill will not be trucked off site.

• Need Inland Wetlands Approval before Planning and Zoning Commission can act on this application.

Chair Spear then asked if there were any comments from the public. The following members of the public presented their concerns with the volume of the water runoff from the proposed driveway and the catch basin that is being proposed to handle the water runoff:
A. John Hackett of 328 Wooding Hill Road

B. Linda Wooster of 312 Wooding Hill Road

C. Barbara Welker of 304 Wooding Hill Road – (concerned with the contamination of the vernal pool on her property which abuts the subject property.)

D. Karen Hacket of 328 Wooding Hill Road
The Commission scheduled a Site Visit for Sunday, July 15, 2012, at 9 a.m.
The Commission scheduled a continuation of the public hearing for Wednesday, July 18, 2012, at 6:30 p.m. in the Commission Meeting Room.
At 8:46 p.m., Chair Spear recessed the public hearing and continued the public hearing to July 15, 2012 Site Visit and then July 18, 2012, Special Meeting in the Commission Meeting Room of the Bethany Town Hall.
NEW BUSINESS

1) 53 Lacey Road, Application #2012-013 submitted by Andrew Eaves for a Home Occupation Permit for an online business and health care consulting practice –
The Commission formally received the application. No one was present to speak on behalf of this application.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Calhoun and seconded by Brinton to approve the following resolution for Application #2012-013:
Whereas, Andrew Eaves applied to the Planning and Zoning Commission on July 11, 2012, for a home occupation permit to operate an on-line retail business and home-based health care consultant practice at 53 Lacey Road;
Whereas, the Commission at its regular meeting of July 11, 2012, considered the statement of use dated June 20, 2012, 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:

1) Lynn Fox, Quinnipiack Valley Health District representative, signed off on the back of the application form on June 20, 2012, indicating her approval.

2) Rod White, Fire Marshal, signed off on the back of the application form on June 21, 2012, indicating his approval.

3) In an e-mail dated July 11, 2012, from Ron Walters, South Central Connecticut Regional Water Authority representative, to Isabel Kearns, ZEO, Mr. Walters stated that the subject property is off of the public water supply watershed area.

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, effective December 7, 2011, the Bethany Planning and Zoning Commission approves the application of Andrew Eaves for a home occupation permit to operate an on-line retail business and home-based health care consultant practice at 53 Lacey Road, as outlined in the Statement of Use dated June 20, 2012.

Voting were: Spear, Shurtleff, Calhoun, Brinton, Shea.

Unanimous approval.

2) 777 Amity Road, Application #2012-014 submitted by Marisa Faleri for a Change of Use to operate Chubby Oven, LLC (pizza making business) –

The Commission formally received the application. Present to speak on behalf of this application was Marisa and Stefano Faleri, applicant..

Isabel Kearns, ZEO, stated Marisa’s father operated an eyelet factory and no longer do that. Chubby Oven will prepare just the dough at this location. There will be no cooking. They did receive approval from Quinnipiack Valley Health District.

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

It was moved by Brinton and seconded by Shurtleff to approve the following resolution for Application #2012-014:

Whereas, Marisa Faleri applied on July 11, 2012, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate a kitchen for the Chubby Oven, LLC located at 770 Amity Road;

Whereas, in a letter dated July 2, 2012, Joseph and Barbara Gabriele, owners of 777 Amity Road, authorized Marisa Faleri and Stefano Faleri to apply for the necessary land-use applications to operate Chubby Oven, LLC from the subject property;

Whereas, the Commission, at its regular meeting of July 11, 2012, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate Chubby Oven, LLC located at 777 Amity Road;

Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;

Now Therefore the Commission makes the following findings of fact:

1) John Laudano, Quinnipiack Valley Health District representative, sent an e-mail dated July 10, 2012, stating that he has approved the food service business (Chubby Oven, LLC) to operate at 777 Amity Road.

2) Rod White, Fire Marshal, signed off on the back of the application form on July 3, 2012, indicating his approval of this application.

3) The Commission received an e-mail dated July 11, 2012, from Ron Walters of the South Central Connecticut Regional Water Authority to Isabel Kearns, ZEO, in which he states that the subject property is not on the public water supply watershed area.

Now Therefore Be It Resolved, that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate Chubby Oven, LLC at 770 Amity Road, as presented in the application, statement of use and testimony with the following condition:

1) A building permit for an Interior-Fit-Out must be approved by the Building Official and the Fire Marshal prior to any renovations to or occupancy of the building.

Voting were: Spear, Shurtleff, Calhoun, Brinton, Shea.

Unanimous approval.

3) 168/170 Beacon Road, Application #2012-015 submitted by William Marek for a two-lot subdivision –

The Commission formally received the application. The applicant submitted a letter of withdrawal dated July 11, 2012. Applicant needs to go to Zoning Board of Appeals first.

4) 61 Russell Road, Application #2012-016 submitted by Mark Romano for a two-lot subdivision –

The Commission formally received the application. 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.

Mr. Garcia briefly reviewed his proposal with the Commission noting:

• There are no wetlands on the site.

• Need to receive determination from the Inland Wetlands Commission.

The Commission scheduled a site visit for Sunday, July 15, 2012.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, August 1, 2012. Tabled.

5) 327 Litchfield Turnpike – Preliminary discussion regarding nonprofit agricultural endeavor including home office and farming land –

Present for this discussion was Toby Fischer. Mr. Fischer briefly reviewed the proposed project to create a small agricultural non-profit endeavor which uses a vegetable farm to facilitate learning experiences and provide food for the local community. Mr. Fischer submitted a brief outline, dated July 1, 2012, of the proposed activity with a map attached.

Commission members asked questions and determined Mr. Fischer needs to submit an application for a home occupation permit for office for proposed activity.

Isabel Kearns, ZEO, will work with Mr. Fischer to prepare application for the next meeting on August 1, 2012.

OLD BUSINESS

1) 324 Wooding Hill Road, Application #2012-012 submitted by Megan Robertson for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – Public hearing continued to July 15, 2012, Site Visit and then July 18, 2012, Special Meeting in Commission Room.

2) Discussion and possible action to set public hearing date regarding proposed amendments to the Zoning Regulations on accessory buildings and signage for larger parcels -

Hiram Peck, Planning Consultant prepared and distributed draft wording for consideration for Zoning Regulation Revisions, draft addition to Zoning and Subdivision Regulations for Digital Mapping Data Submission Requirements and draft on accessory building amendments. Mr. Peck asked Commission members to review and forward any corrections to him. Tabled.

3) 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 9:15 p.m. Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk

For the Planning and Zoning Commission