Wednesday, January 23, 2013

Bethany Conservation Commission


Minutes - January 10, 2013



The meeting was called to order by Bruce Loomis at 8:00pm. Also in attendance were Cathy Rives and Lisa Tavolacci.

The minutes of the Dec. 13, 2012 meeting were tabled as they were not available due to Brian Eitzer’s absence.

Bruce introduced the mail correspondence of the Connecticut Land Conservation Council with their request for funding assistance through membership. The suggested membership levels ranged from $100.00 to $2,000.00. The decision was taken under advisement until Bruce contacts June Riley about the current usage level of our modest budget.

Bruce introduced the topic of GIS mapping and its potential accord with the designation of properties against our own physical map. This comparison was tabled due to Brian’s absence until the next meeting.

Bruce opened an Executive Session to discuss a land issue at 8:08pm. At 8:22pm the session concluded.

Cathy Rives moved to adjourn the meeting at 8:25pm and Lisa seconded and the motion passed.





Respectively Submitted,

Lisa Tavolacci secretary pro-tempore

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JANUARY 2, 2013                                            Page 1 of 4

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,

Michael Calhoun, Member

Kimberly McClure Brinton, Member

Patricia Winer, Member

Nellie Rabinowitz, Alternate Member, seated as a voting member.

Donna Shea, Alternate Member



The following Commission Member was either absent or excused:

Mary Shurtleff, Vice-Chair



Also present were:

Isabel Kearns, Zoning Enforcement Officer

Hiram Peck, Planning Consultant





APPROVAL OF MINUTES



1. It was moved by Brinton and seconded by Calhoun to approve the minutes of the December 5, 2012, Regular Meeting with the following amendment:

Page 3, Second bullet – Reads “A partial basement is being proposed to store crates under the same environmental controls.” Change to “A partial basement is being proposed to store crates under controlled environmental conditions.

Voting for: Spear, Brinton, Calhoun, Winer, Rabinowitz.

Unanimous approval.



2. It was moved by Brinton and seconded by Calhoun to approve, as submitted, the minutes of the December 12, 2012, Special Meeting.

Voting for: Spear, Brinton, Calhoun, Winer, Rabinowitz.

Unanimous approval.





BILLS



1) It was moved by Calhoun and seconded by Brinton to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for December 2012, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for: Spear, Brinton, Calhoun, Winer, Rabinowitz.

Unanimous approval.











GENERAL CORRESPONDENCE



1. Email from John Paul Garcia, dated December 20, 2012, Re: Withdrawal of applications for 63 Sargent Drive, Application #2012-025/026/027.

2. Letter from Isabel Kearns, ZEO, to Elizabeth Doering dated December 6, 2012, Re: 91 Bethway Road, closing of case.

3. Letter from Isabel Kearns, ZEO, to Elizabeth Doering, dated December 7, 2012, Re: Notice of Violation at 184 Sperry Road.

4. Copy of Staff Referral Report from Town of Prospect, dated December 13, 2012, Re: Zoning Text Amendment.





ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION



Isabel Kearns, ZEO, noted the following:

• 184 Sperry Road – Notice of Violation, dated December 7, 2012.





NEW BUSINESS



1) 52 Glenwood Court, Application #2013-001 submitted by Steven Gomez for a Home Occupation Permit for an Office and Recording Studio –



The Commission formally received the application. Present to speak on behalf of this application was Steven Gomez, applicant.



Isabel Kearns, ZEO, stated she visited the site and tested the noise level of the recording studio in operation from the outside of the house and did not have any concerns.



Commission members reviewed the application file, discussed and proceeded to deliberate.



It was moved by Winer and seconded by Calhoun to approve the following resolution for Application #2013-001:



Whereas, Edward Sobuletsky, owner of 52 Glenwood Court, authorized Steven Gomez to apply to the Planning and Zoning Commission for a home occupation permit to operate a recording studio and home office for property located at 52 Glenwood Court;



Whereas, Steven Gomez applied to the Planning and Zoning Commission on December 24, 2012, for a home occupation permit to operate a sound recording studio and home office for property located at 52 Glenwood Court;



Whereas, the Commission at its regular meeting of January 2, 2013, considered the statement of use, 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, submitted an email dated December 31, 2012, in which she states there can be a maximum of 14 people per week.

2. Rod White, Fire Marshal, signed off on the back of the application form on December 31, 2012, indicating his approval.



Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the Application #2013-001 of Steven Gomez for a home occupation permit to operate a sound recording studio and home office located at 52 Glenwood Court, as outlined in the statement of use, testimony and other pertinent application information and with the following conditions:

1) In the event that the Commission receives any complaints regarding noise from this recording studio, the Commission reserves the right to revisit this matter at any time the future.

2) Windows will remain closed while studio is in use.

3) A maximum of 14 people can record in the studio each week (an average of 2 people per day).

Vote 5 to 0.

Voting for: Spear, Brinton, Calhoun, Winer, Rabinowitz.

Unanimous approval.





OLD BUSINESS



1) 63 Sargent Drive, Application #2012-025 submitted by Paul Dispazio for a Site Plan Approval – John Paul Garcia submitted an email, dated December 20, 2012, withdrawing all three applications for 63 Sargent Drive.





2) 63 Sargent Drive, Application #2012-026 submitted by Paul Dispazio for a Special Exception for Outside Storage and for an Accessory Apartment – John Paul Garcia submitted an email, dated December 20, 2012, withdrawing all three applications for 63 Sargent Drive.





3) 63 Sargent Drive, Application #2012-027 submitted by Paul Dispazio for a Special Exception for Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – John Paul Garcia submitted an email, dated December 20, 2012, withdrawing all three applications for 63 Sargent Drive.



4) Green Haven, Inc., for an informal discussion regarding possible development on 4 and 21 Meyers Road, known as Halter Estates – In the near future, Green Haven will be submitting an application for a proposed amendment to the Zoning Regulations for Open Space Housing.



5) 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, January 16, 2013 at 6:30 p.m. Tabled.



6) Continue discussion on Village Districts – Special Meeting scheduled for Wednesday, January 16, 2013 at 6:30 p.m. Tabled.



7) Discuss increasing application fees – Tabled.





There being no further business to come before the Commission, it was moved by Brinton and seconded by Winer to adjourn the regular meeting at 8:37 p.m. Unanimous approval.



Respectfully submitted,





Antonia R. Marek, Clerk

For the Planning and Zoning Commission