MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION SPECIAL MEETING/HEARING CONTINUATION OF WEDNESDAY, APRIL 17, 2013
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The Special Meeting of the Planning and Zoning Commission was called to order at 7:32 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
Karen Hubbell, Assistant Zoning Enforcement Officer
Hiram Peck, Planning Consultant
Kevin McSherry, Town Attorney
PUBLIC HEARING
• Application #2013-007 submitted by Green Haven Inc. pertaining to a proposed amendment to the Bethany Zoning Regulations to add Section 23 – Bethany Open Space Housing District.
Approximately 200 individuals were in attendance for the continuation of the public hearing for Application #2013-007 submitted by Green Haven Inc. for a proposed amendment to the Bethany Zoning Regulations to add Section 23 – Bethany Open Space Housing.
At 7:34 p.m., Chair Spear called to order the continuation of the public hearing on the above referenced application. The call for the public hearing was read. Chair Spear introduced the Commission and Staff.
John Paul Garcia, of 190 Fairwood Road, interjected with a point of order stating per the Connecticut State Statutes that Patsy Winer should not be seated on the Planning and Zoning Commission for this application as she is an abutting property owner to the property in subject. (Mr. Garcia submitted Exhibit 13A.)
Chair Spear reviewed the procedure that would be followed to conduct the public hearing continuation.
Anthony Esposito of 79 Meyers Road interjected with a point of order stating the continuation should start from where the public hearing left off at previous meeting, April 3, 2013, with public comments.
Kevin McSherry, Town Attorney, addressed procedural questions that were raised at the previous public hearing on April 3, 2013, regarding the process of this application.
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 - Letter from South Central Connecticut Regional Planning Commission, dated April 12, 2013, Re: Comments on Bethany Proposed Zoning Regulation Amendment to add Section 23- Bethany Open Space Housing District.
2) Exhibit 2A - Letter from Conservation Commission, dated April 14, 2013, Re: Amendment to prior statement submitted April 3, 2013, regarding proposed Open Space Housing District.
3) Exhibit 3A - Letter from Ronald Walters of the Regional Water Authority, dated April 15, 2013, Re: Comments on review of the revised Open Space Housing District Zoning Regulation.
4) Exhibit 4A - Letter from Thelma Lumpkin of 73 Sperry Road, dated April 4, 2013, Re: Comments on public hearing on April 3, 2013, on the amendment to add Open Space Housing District.
5) Exhibit 5A - Letter from Glen Barletta of 558 Litchfield Turnpike, submitted April 9, 2013, Re: Comments on proposed amendment to add Open Space Housing District.
6) Exhibit 6A - Letter from Eric and Kyoko Tischer of 344 Sperry Road, dated April 14, 2013, Re: New questions on proposed Zoning Regulation to add Section 23 – Open Space Housing District.
7) Exhibit 7A - Letter from Caltha Crowe of 932 Old Litchfield Turnpike, dated April 15, 2013, Re: Comments on proposed Open Space Housing District.
8) Exhibit 8A - 113 Blue Postcards to the Planning and Zoning Commission from Bethany Residents with 183 signatures regarding the proposed zoning change to establish Open Space Housing District in Bethany.
9) Exhibit 9A - Index card from Peter Stebinger of 615 Bethmour Road, submitted April 3, 2013, with a question on proposed zoning amendment.
10) Exhibit 10A - Index card with comment from Dori Ahern address unknown submitted April 3, 2013, Re: Green Haven proposal.
11) Exhibit 11A – Letter from Bill Shortell of West Hartford, submitted April 17, 2013, Re: Comments on Green Haven co-housing.
12) Exhibit 12A – Letter from Kristine Sullivan of 783 Amity Road, dated April 17, 2013, Re: Comments on Zoning Regulation Revision.
13) Exhibit 13A – Submitted by John Paul Garcia of 190 Fairwood Road, a copy of Connecticut State Statute Sec. 8-21- Disqualification of members in matters before planning or zoning commissions.
14) Exhibit 14A – Submitted by Anthony Esposito of 79 Meyers Road, copy of map entitled, “Properties Affected By The Proposed Zoning Change”.
15) Exhibit 15A – Submitted by Anthony Esposito of 79 Meyers Road, copy of “Protest Petition Against Change in Bethany Zoning Regulations”, one page.
16) Exhibit 16A – Submitted by Anthony Esposito of 79 Meyers Road, Audio File. CD.
17) Exhibit 17A – Submitted by Anthony Esposito of 79 Meyers Road, four pages of emails from Pat Stewart to Kathleen Schurman regarding publishing an article in the Bethany Bulletin.
18) Exhibit 18A – Submitted by Anthony Esposito, eleven pages of invoices from Hiram Peck, Planning Consultant for the Town of Bethany.
19) Exhibit 19A – Submitted by Anthony Esposito, 41 pages of a petition with signatures asking the Planning and Zoning Commission to disapprove the proposed zoning change.
20) Exhibit 20A – Letter submitted from David Tressel of 51 Hilltop Road, dated April 16, 2013, Re: Presentation comments on proposed amendment – Open Space Housing District.
21) Exhibit 21A – Copy of presentation submitted by Hiram Peck, Planning Consultant, dated April 17, 2013, Re: Response to Green Haven questions and comments.
Next to speak was Hiram Peck, Planning Consultant, who addressed the questions that were raised at the previous public hearing. (Mr. Peck submitted Exhibit 21A.)
Patricia Stewart of 79 Meyers Road interjected with a point of order stating the she feels the public is being worn down by more comments from Mr. Peck and the applicant.
The following individuals made a brief presentation at the continuation of the public hearing pertaining to the proposed amendment by Green Haven, Inc.:
• Jack Nork of 290 Beacon Road, Bethany, CT, member of the Green Haven Community.
• Attorney John Parese of Parrett, Porto, Parese & Colwell, Hamden, CT, representing the applicant, Green Haven, Inc., addressed the revisions which were made based upon comments and concerns mentioned at the previous public hearing.
The following residents spoke in opposition of the proposed amendment:
• Anthony Esposito of 79 Meyers Road. (Mr. Esposito submitted Exhibits 14A, 15A, 16A, 17A, 18A and 19A.)
• Norm Pattis of 36 Carrington Road.
• Joe Barletta of 71 Meyers Road.
• Allene Kelly of 208 Schaffer Road.
• Russ Von Beren of 134 Wooding Hill Road.
• David Tressel of 51 Hilltop Road. (Mr. Tressel submitted Exhibit 20A.)
• Ruth Beardsley of 820 Litchfield Turnpike.
• Bill Grieger of 185 Fairwood Road.
• CG Allison of 932 Litchfield Turnpike.
• Patricia Stewart of 79 Meyers Road read a letter from Thelma Lumpkin (Exhibit 4A) and spoke.
• Richard Podoloff of 20 Carrington Road.
• Andrew Liveten of 66 Carrington Road.
• Stuart Morgenstern of 17 Old Fairwood Road.
• Sharon Huxley of 340 Old Mill Road.
• Dennis Finneran of 28 Ralph Road.
• Andy Robinson of 27 Village Lane.
• Vincent Cofrancesco of Dayton Road.
• Aileen Magda of 28 Deerfield Road.
The following residents spoke in support of the proposed amendment:
• Carol Lambiase of 567 Carrington Road.
• Jean Swanson of 352 Amity Road.
• Brian Nitzer of 11 Carriage Drive.
• Marie Pulito of 6 Brookwood Road, member of the Green Haven Community.
Also speaking was Ronald Walters of the South Central Regional Water Authority who presented recommendations and submitted a letter, dated April 15, 2013. (Exhibit 3A)
Kevin McSherry, Town Attorney, stated the Commission has the authority to approve, modify or deny the application.
Patsy Winer asked a question about impervious surface and addressed the situation of her being on the Commission for this application and being an abutting property owner.
Attorney Parese answered a few more questions and ended his testimony.
After a brief discussion, it was the consensus of the Commission to close the public hearing.
There being no further discussion or questions at 10:14 p.m., it was moved by Brinton and seconded by Calhoun to close the public hearing. Unanimous approval.
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 10:15 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
