Wednesday, February 26, 2014


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION SPECIAL MEETING/PUBLIC HEARING OF WEDNESDAY, FEBRUARY 12, 2014

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The Special Meeting/Public Hearing of the Bethany Planning and Zoning Commission was called to order at 7:05 p.m. in the Commission Meeting Room of the Bethany Town Hall,         40 Peck Road, Bethany, Connecticut.

 

The following Commission Members were present:

            Kimberly McClure Brinton, Chairman

            Salvatore Amadeo, Vice-Chairman

            Michael Calhoun, Member and Secretary

            Douglas Goldner, Member

            Michael Sullivan, Member

            Donna Shea, Alternate Member

            Bradford Buchta, Alternate Member

            James Gugliotti, Alternate Member

 

Also present were:

            Isabel Kearns, Zoning Enforcement Officer

            Karen Hubbell, Assistant Zoning Enforcement Officer

            Hiram Peck, Planning Consultant

            Peter Olson, Special Counsel

 

Chair Brinton reminded the public that if they would like to speak to please sign up on sheet on table in hallway.

 

 

PUBLIC HEARING

 

·         Application #2014-006 for zoning text amendments to the Bethany Zoning Regulations to amend the title of the existing Section 9A by adding “Age Restricted” and to create a new Section 9B - “Housing Opportunity Development” (HOD) District.

·         Application #2014-007 to change the zone district designation of 4 Meyers Rd (Assessor’s May 119, Lot 7) & 21 Meyers Rd (Assessor’s Map 119, Lot 4), Bethany, Connecticut from HOD (Section 9A) to new proposed Section 9B (HOD).

·         Application #2014-008 to obtain a site plan approval for new construction of 30 homes & related improvements for a housing development to be named Rocky Corner, at 4 Meyers Rd (Assessor’s May 119, Lot 7) & 21 Meyers Rd (Assessor’s Map 119, Lot 4), Bethany, Connecticut.

 

Approximately 240 individuals were in attendance for the public hearing for Applications   #2014-006, #2014-007, and #2014-008 submitted by Green Haven Inc. for the property located at 4 and 21 Meyers Road.

 

At 7:06 p.m., Chair Brinton read the call for the public hearing.

 

Chair Brinton reviewed the procedure that would be followed to conduct the public hearing.

 

Each member of the Planning and Zoning Commission introduced themselves.

 

Chair Brinton made a disclosure on the hearing record that she is a property owner near the subject property but does not have a conflict.

 

Chair Brinton read the list of correspondence that has been received as follows:

  1. Copy of Memorandum of Decision, State of CT, Superior Court, dated May 3, 2007, Halter Estates Senior Community, LLC v. Planning and Zoning Commission of the Town of Bethany.
  2. Copy of Order, Superior Court, dated July 3, 2007, Halter Estates Senior Community, LLC v. Planning and Zoning Commission.
  3. Letter from Christopher Smith of Shipman & Goodwin, dated January 16, 2014, Re:  Conversation with Toni Marek, PZC Clerk, in regard to application form amendment.
  4. Email from Eugene Livshits, dated January 14, 2014, Re:  Proposed amendment to be reviewed at RPC meeting on February 13, 2014.  Would like public hearing continued for RPC comments.
  5. Email from Sam Gold, Executive Director, COG of the Central Naugatuck Valley, dated January 15, 2014, Re:  In receipt of zone text amendment, no comments.
  6. Letter from Valley COG, dated January 30, 2014, Re:  Referral from Town of Bethany with attached comments/recommendations.
  7. Memo from Quinnipiack Valley Health District dated January 8, 2014, Re:  Comments on review of drawings revised to December 13, 2013.
  8. Memo from Quinnipiack Valley Health District dated January 15, 2014, Re:  Second letter of comments on review of drawings revised to December 13, 2013.
  9. Letter from Nafis & Young dated January 16, 2014, Re:  Comments on review of plans and specifications for “Rocky Corner” revised to January 9, 2014.(should be January 7, 2014)
  10. Memo from Bethany Staff and Special Counsel dated February 4, 2014, Re:  Pending Green haven Applications for property located at 4 and 21 Meyers Road.
  11. Letter from Fire Marshal Rod White, submitted February 4, 2014, Re:  Comments on review of 4 and 21 Meyers Road.
  12. Letter from Bethany Volunteer Fire Department, dated February 3, 2014, Re:  Comments on review of applications for 4 and 21 Meyers Road pertaining to water supply.
  13. Letter from Conservation Commission, dated February 10, 2014, Re:  Review comments on Green Haven application for Meyers Road properties.
  14. Letter from South Central Connecticut Regional Water Authority, dated February 11, 2014, Re:  Review comments on Applications #2014-006 and 2014-007, zoning amendment and zone change for 4 and 21 Meyers Road.
  15. Email from Rod White, Fire Marshal, dated February 12, 2014, Re:  Minutes from the meeting with architect and engineer for the Green Haven complex and Mike Katzmark, BVFD.

 

 

 

 

Correspondence received from the Community

 

1.      Received 247 blue cards with signatures regarding the proposed zoning change permitting cluster housing on the former Halter Farm.

2.      Email from Anton Glenbovitch of 56 Deerfield Lane, dated November 7, 2013.

3.      Letter from Irene Yurczyk of 96 Bear Hill Road, submitted December 13, 2013.

4.      Letter from Edward and Marie Zenishy of Bethany, dated December 16, 2013.

5.      Letter from Dr. Gale Ridge of 139 Lebanon Road, dated January 14, 2014.

6.      Letter from Frances Doba of 980 Amity Road, dated February 10, 2014.

7.      Letter from Miriam Niederman of 429 Sperry Road, dated February 12, 2014.

8.      Letter from Scott Shurtleff of 34 Virginia Rail Drive, dated February 10, 2014.

9.      Letter from Gilda Outremont of 329 Downs Road, dated February 6, 2014.

10.  Letter from David Forman of 329 Downs Road, dated February 10, 2014.

 

 

The following individuals, representing Green Haven, made a presentation during the public hearing pertaining to the subject applications for 4 and 21 Meyers Road:

  • Christopher Smith, Land Use Attorney, and Partner of Law Firm, Shipman and Goodwin.
  • Thomas Daly, P.E. and Principal of Milone & MacBroom.
  • James Childress of Centerbrook Architects.
  • Melissa Kops of Centerbrook Architects (did not speak but was present)
  • Ethan Roland of AppleSeed Permaculture LLC.
  • David Spear, P.E. of DLS Traffic Engineering LLC.

 

Attorney Smith submitted for the hearing record the following:

  1. Notice letter that was sent to the 500 Foot Abutters List with the attached 18 green return receipt cards and 24 certified mail receipts. 
  2. Email dated February 12, 2014, from Angela Santacroce, Re:  Email to Kamm Realty in Florida, receipt of notification of public hearing and no objections.
  3. Notice letter that was sent to the Regional Water Authority with attached green return receipt card and certified mail receipt.
  4. Notice letter that was sent to Connecticut Department of Public Health with attached green return receipt card and certified mail receipt.

 

Also, Attorney Smith distributed to each member a blue packet entitled, “Packet in Support of Applications to the Planning and Zoning Commission Concerning a Proposed Residential Community on Real Properties Known As 4 and 21 Meyers Road, Bethany, Connecticut, dated February 12, 2014.”

 

Attorney Smith presented an overview of the three separate applications:  Zone text amendment, request for zone change and site plan application referring back to some of the Exhibits in the blue packet submitted.

 

Next to speak was Mr. Tom Daly who reviewed the overall site development.  Mr. Daly reviewed the topography of the property, site development plan, storm water management plan, septic systems and site utilities referring back to Exhibits L, M, N, O, and P in the blue packet submitted.

 

Next was Jim Childress who reviewed the architectural portion of the development referring back to Exhibit Q in the blue packet submitted.

 

Next was Ethan Roland who reviewed the organic farm, diversity of crops and how the farm will enhance the open space referring back to Exhibits R, S and T.

 

At 8:31 p.m., Chair Brinton recessed the public hearing for a brief break.  The hearing commenced at 8:40 p.m.

 

Next to speak was David Spear who reviewed the traffic study referring back to Exhibit U in the blue packet submitted.

 

Attorney Smith then summed up the presentation and concluded the applicant’s portion of the public hearing for this evening.

 

Chair Brinton then stated that Hiram Peck, Planning Consultant, will read in order the names on the sign-up sheets so that the public can comment.  Public comment started at 8:48 p.m.  The following public individuals spoke:

  • Kerry Triffin of 132 Downs Road.
  • Anthony Esposito of 79 Meyers Road also submitted the following for the hearing record:

1.      Protest Petition against Change in Bethany Zoning Regulations.

2.      38 sheets of copies of card to Planning and Zoning Commission with signatures.

3.      6 sheets of names from online petition.

4.      22 sheets of names from online petition.

5.      42 sheets of signatures for petition to Planning and Zoning Commission.

  • Bruce Loomis of 11 Sabrina Drive.
  • Ona May Slauson of 74 Russell Road.
  • Patricia Stewart of 79 Meyers Road.
  • Joe Barletta of 71 Meyers Road.
  • Craig Barletta of 139 Woodcutters Drive.
  • Louise Harter of 64 Meyers Road.
  • Fran Doba of 98 Amity Road
  • Mary Shurtleff of 34 Virginia Rail Drive.
  • Stewart Morgenstern of 17 Old Fairwood
  • Richard Barnes of 534 Bethmour Road.
  • James Stirling of 20 Miller Road.

 

After Mr. Stirling spoke, Chair Brinton concluded public comments for the evening and continued them to the next public hearing on February 26, 2014, at 7:00 p.m.

 

Chair Brinton stated the Commission will conduct a site walk on March 15, 2014 and then the hearing will be continued again to March 19, 2014.

 

At 10:04 p.m., Chair Brinton recessed the public hearing and continued it to a Special Meeting on Wednesday, February 26, 2014, at 7:00 p.m. in the Gymnasium. 

 

 

There being no further business to come before the Commission, it was moved by Calhoun      and seconded by Sullivan to adjourn the special meeting at 10:05 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning Commission

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, FEBRUARY 5, 2014                                      Page 1 of 13

 

The regular meeting of the Planning and Zoning Commission was called to order at 7:06 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

The following Commission Members were present:

            Kimberly McClure Brinton, Chairman

            Salvatore Amadeo, Vice-Chairman

            Michael Calhoun, Member

            Michael Sullivan, Member

            Donna Shea, Alternate Member, was seated as a Voting Member

            Bradford Buchta, Alternate Member

 

The following Commission Members were absent or excused:

            Douglas Goldner, Member

            James Gugliotti, Alternate Member

 

Also present was:

            Hiram Peck, Planning Consultant

            Isabel Kearns, Zoning Enforcement Officer

 

 

APPROVAL OF MINUTES

 

1.      It was moved by Calhoun and seconded by Sullivan to approve the minutes of the January 8, 2014, Regular Meeting with the following amendments:

·         Page 9, Last Paragraph under Item 8), Second Sentence - Reads “The Commission also choice an alternate date…” Change to “The Commission also chose an alternate date…”

·         Page 9, Last Paragraph under Item 9), Second Sentence - Reads “The Commission also choice an alternate date…” Change to “The Commission also chose an alternate date…”

·         Page 10, Last Paragraph under Item 9), Second Sentence - Reads “The Commission also choice an alternate date…” Change to “The Commission also chose an alternate date…”

      Voting for:  Brinton, Amadeo, Calhoun, Sullivan, Shea.

      Unanimous approval.

 

 

BILLS

 

1.      It was moved by Shea and seconded by Calhoun to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for January 2014, by Hiram W. Peck III, AICP, Planning Consultant.

      Voting for:  Brinton, Amadeo, Calhoun, Sullivan, Shea.

Unanimous approval.

 

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from John Paul Garcia & Associates, dated January 7, 2014, Re:  Description of revisions made to plans in response to letter from Nafis & Young dated January 1, 2014,   788 Amity Road, Jonia Court.

2.      Letter from Nafis & Young, dated February 4, 2014, Re:  Review comments on revised plans dated to January 30, 2014, 788 Amity Road, Jonia Court.

3.      Letter from Fire Marshal Rod White, dated February 4, 2014, Re:  Comments on request for waiver of water source for fire protection located at 788 Amity Road, with attached letter from Fire Marshal received December 4, 2013.

4.      Letter from South Central Connecticut Regional Water Authority, dated January 6, 2014, Re:  Comments on review of application for 112 Old Amity Road, paving and excavating company and apartment.

5.      Letter from South Central Connecticut Regional Water Authority, dated January 7, 2014, Re:  Comments on review of application for 91 Bethway Road, addition to indoor riding facility.

6.      Email from Cindy Gaudino of Connecticut Water Company, dated January 29, 2014, Re:  860 Carrington Road, proposed sign, no concerns.

7.      Letter from South Central Connecticut Regional Water Authority, dated January 30, 2014, Re:  Comments on review of 44 Valley Road, home occupation for office for lawyer, no comment.

8.      Cease and Desist Order from Isabel Kearns, Zoning Enforcement Officer, dated January 14, 2014, Re:  5 Amity Road and 10 Round Hill Road zoning violations.

9.      Cease and Desist Order from Isabel Kearns, Zoning Enforcement Officer, dated January 14, 2014, Re:  77 Cheshire Road zoning violations.

10.  Email from Connecticut Department of Energy and Environmental Protection, dated   January 15, 2014, Re:  Notice of intent to modify General Permit for Water Resources Construction Activities for compliance with 2013 Legislative changes.

11.  Email from Hiram Peck, Planning Consultant, dated January 12, 2014, Re:  Revised fee schedule for discussion with attached revised schedule.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

 

Tabled.

 

 

 

 

 

 

 

 

 

 

PUBLIC HEARING

 

·         Application #2013-028 for a four-lot resubdivision and waiver request for the provision of open space and waiver request for water source for fire protection and Application #2013-029 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit both submitted by Amity Road LLC for property located at 788 Amity Road

 

At 7:19 p.m., Chair Brinton called to order the public hearing continuation on the subject application.  Chair Brinton read the notice of the hearing continuation.

 

During the course of the public hearing Chair Brinton noted that the Commission has received the following items relative to the subject application.  Exhibit identification was assigned as noted:

  1. Exhibit 2A – Letter from Quinnipiack Valley Health District, dated December 9, 2013, Re:  Comments on review of revised plan dated November 12, 2013 for 788 Amity Road with attached copy of QVHD letter dated September 19, 2013.

B.     Exhibit 2B - Letter from Nafis & Young, dated January 1, 2014, Re:  Comments on review of plans for 788 Amity Road.

C.     Exhibit 2C - Email from Cindy Gaudino of Connecticut Water Company, dated September 20, 2013, to Isabel Kearns, ZEO, Re:  Review of plans for 788 Amity Road.

  1. Exhibit 2D - Letter from John Paul Garcia & Associates, dated January 7, 2014, Re:  Description of revisions made to plans in response to letter from Nafis & Young dated January 1, 2014, 788 Amity Road, Jonia Court.

E.     Exhibit 2E - Letter from Nafis & Young, dated February 4, 2014, Re:  Review comments on revised plans dated to January 30, 2014, 788 Amity Road, Jonia Court.

F.      Exhibit 2F - Letter from Fire Marshal Rod White, dated February 4, 2014, Re:  Comments on request for waiver of water source for fire protection located at 788 Amity Road, with attached letter from Fire Marshal received December 4, 2013.

G.    Exhibit 2G – Submitted by John Paul Garcia, map prepared by John Paul Garcia & Associates, entitled “Resubdivision Map Jonia Court”, dated April 11, 2013, revised to  January 30, 2014, showing a proposed Open Space Easement Area. 

 

Present to speak on behalf of this application was John Paul Garcia, P.E./L.S. representing the applicant and owner of record, Anthony Vallillo.

 

Mr. Garcia noted for the hearing record:

  • We have received approval from Quinnipiack Valley Health District, Inland Wetlands Commission and the Department of Public Health.
  • Addressed all the comments from Nafis and Young in their letters dated January 1, 2014 and February 4, 2014, in a revised set of plans dated  January 30, 2014.

 

 

 

 

               

  • Pertaining to the letter from the Fire Marshal dated February 4, 2014, we provided for a 20,000 gallon storage water tank as stated in the Zoning Regulations.  The Fire Marshal letter suggests an upgrade to a 30,000 gallon storage water tank as per new ISO (Insurance Service Office) requirements, which is not part of the Bethany Zoning Regulations.

 

Hiram Peck, Planning Consultant, stated in regard to the 20,000 gallon storage tank that is being provided by the applicant, it does meet the Zoning Regulations.

 

Mr. Garcia stated for the hearing record that he is withdrawing the waiver request for a water source for fire protection.

 

Mr. Garcia continued to discuss the open space waiver.  Mr. Garcia informed the Commission that the applicant is not in favor of a trail easement due to the fact there is a working kennel located on the property for training of police dogs.  Also, Mr. Garcia stated the applicant is not offering a fee in lieu of.  They are making an offer for an open space easement which is allowed by the Zoning Regulations, if the Commission does not approve the open space waiver.            Mr. Garcia submitted Exhibit 2G (map showing proposed open space easement).

 

Bruce Loomis, Chairman of the Conservation Commission, stated the Conservation Commission asked for a trail easement but due to dog kennel on property, the Conservation Commission will not push for the trail easement.   Mr. Loomis stated the Conservation Commission is not in favor of the open space waiver and would be favor of the open space easement being proposed for    788 Amity Road. 

 

Mr. Garcia stepped outside and stated he spoke with his client, Anthony Vallillo and that        Mr. Vallillo is willing to offer a trail easement that ties into 811 Litchfield Turnpike (owned by Anthony Vallillo) but the trail easement cannot be activated until the kennel use ceases operation, if the Planning and Zoning Commission requires the applicant to provide a trail easement.

 

Chair Brinton asked if there were any members of the public who would like to speak.  No one from the public spoke.

 

Anthony Vallillo, applicant and owner of record, stated for the record that if he was to do a trail easement, he would not want the liability and does not want to be responsible if something should happen to someone on his property using the trail easement.

 

Mr. Garcia submitted a consent to the extension 35 days to continue the public hearing on the subject applications.

 

At 7:55 p.m., Chair Brinton recessed the public hearing and continued it to the next regular meeting scheduled for Wednesday, March 5, 2014, in the Commission Meeting Room of the Bethany Town Hall.   Public hearings will start at 7:15 p.m.  Tabled.

 

 

o  112 Old Amity Road, Application #2014-004 submitted by Warren Allen for a Special

    Exception Permit for dwelling unit in Business and Industrial Zone

 

At 7:56 p.m., Chair Brinton called to order the public on the subject application.  Chair Brinton read the legal notice for the public hearing.  Chair Brinton reviewed the contents of the application file.

 

Chair Brinton made a disclosure on the hearing record that she is an abutting property owner and does not have any conflict with this application.

 

During the course of the public hearing Chair Brinton 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 South Central Connecticut Regional Water Authority, dated                               January 6, 2014, Re:  Comments on review of application for 112 Old Amity Road,                            paving and excavating company and apartment.

B.  Exhibit 1B – Copy of the Assessor’s Card for 112 Old Amity Road, with last

      purchase date of April 19, 2012.

           

Present to speak on behalf of this application was Warren Allen, applicant.  Mr. Allen stated that the Quinnipiack Valley Health District has not signed off on the application at this time and is waiting for better weather to do test pits for septic system.   Also, Mr. Allen mentioned there are a living room, kitchen and bathroom existing in the building but it has never been approved as a living space. 

 

Isabel Kearns, ZEO, went to get a copy of the Assessor’s card to get a date as to when the property was last purchased last (Exhibit 1B). 

 

Chair Brinton asked if there were any members of the public who would like to speak.  No one from the public spoke.

 

Chair Brinton stated the public hearing will be continued to receive comments from the Quinnipiack Valley Health District.

 

At 8:06 p.m., Chair Brinton recessed the public hearing and continued it to the next regular meeting scheduled for Wednesday, March 5, 2014, in the Commission Meeting Room of the Bethany Town Hall.  Hearings will begin at 7:15 p.m.  Tabled.

 

 

 

 

 

 

 

 

o  91 Bethway Road, Application #2014-005 submitted by Elizabeth Doering to modify

    existing permit to add a 14-foot by 30-foot multi-purpose room –

 

At 8:07 p.m., Chair Brinton called to order the public on the subject application.  Chair Brinton read the legal notice for the public hearing.  Chair Brinton reviewed the contents of the application file.

 

During the course of the public hearing Chair Brinton 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 South Central Connecticut Regional Water Authority, dated                  January 7, 2014, Re:  Comments on review of application for 91 Bethway Road,                      addition to indoor riding facility.

 

Present to speak on behalf of this application was Elizabeth Doering, applicant and owner of record.  Mr. Doering stated that the Inland Wetlands Commission has not acted on this application to date but the Inland Wetlands Commission had no concerns.

 

Chair Brinton stated the hearing will be continued so that comments from the Inland Wetlands Commission can be submitted.

 

Chair Brinton asked if there were any members of the public who would like to speak.  No one from the public spoke.

 

At 8:10 p.m., Chair Brinton recessed the public hearing and continued it to the next regular meeting scheduled for Wednesday, March 5, 2014, in the Commission Meeting Room of the Bethany Town Hall.   Public hearings will start at 7:15 p.m.  Tabled.

 

 

NEW BUSINESS

 

1)      860 Carrington Road, Application #2014-009 submitted by Marc D’Andrea to locate a new sign, replacing with larger size 4-feet by 7-feet (free standing)

 

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

 

Chair Brinton reviewed the contents of the application file.

 

Isabel Kearns, Zoning Enforcement Officer, stated the applicant is replacing the existing sign in the same location and asked the Commission to authorize her to approve once Quinnipiack Valley Health District approval is received. 

 

 

 

 

It was moved by Sullivan and seconded by Calhoun to authorize Isabel Kearns, Zoning Enforcement Officer to approve Application #2014-009 submitted by Marc D’Andrea to replace the existing sign with a new 4-foot by 7-foot sign in same location pending receipt of approval by the Quinnipiack Valley Health District.

Voting for:  Brinton, Amadeo, Calhoun, Sullivan, Shea.

Unanimous approval.

 

 

2)      44 Valley Road, Application #2014-010 submitted by Larry Eisner for a Home Occupation Permit for a professional law office -

 

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

 

Chair Brinton reviewed the contents of the application file.

 

The Commission received a letter from South Central Connecticut Regional Water Authority, dated January 30, 2014, Re:  Comments on review of 44 Valley Road, home occupation for office for lawyer, no comment.

 

Isabel Kearns, Zoning Enforcement Officer, prepared a draft resolution.  Commission members reviewed and proceeded to deliberate.  It was moved by Calhoun and seconded by Sullivan to approve the following resolution for Application #2014-010:

 

Whereas, Ann Eisner, owner of 44 Valley Road, authorized Lawrence Eisner to apply for a Home Occupation Permit for a professional law office to be located at 44 Valley Road in an      e-mail dated January 27, 2014;

 

Whereas, Lawrence Eisner applied to the Planning and Zoning Commission for a Home Occupation Permit for a professional law office permit to be located at 44 Valley Road;

 

Whereas, the Commission at its regular meeting of February 5, 2014, considered the statement of use, narrative, testimony and other pertinent application information relating to this professional office 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 January 24, 2014, indicating her approval.
  2.  Rod White, Fire Marshal, signed off on the back of the application form on February 3, 2014, indicating his approval.
  3. The Commission received a letter dated January 30, 2014, from Ron Walters of the South Central Connecticut Regional Water Authority in which he states that they have no comments to offer.

 

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.a. of the Town of Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves Application #2014-010 submitted by Lawrence Eisner for a Home Occupation Permit to operate a professional  law office in his home located at 44 Valley Road as outlined in the Statement of Use dated January 24, 2014.

Voting for:  Brinton, Amadeo, Calhoun, Sullivan, Shea.

Unanimous approval.

 

 

3)      Discussion regarding Community Garden at Airport – 755 Amity Road

 

Present for this discussion was MaryEllen Unger, Chair of the Community Garden Committee and Aileen Magda, member.

 

Chair Unger submitted a packet to the Commission that consisted of an overview of the Community Garden Committee, diagram of location of shed and beds proposed, cost estimate and aerial view of 755 Amity Road.

 

Member Sullivan made a disclosure that he is an abutting property owner of the Airport property.

 

Some items of discussion were:

·         Conflict with traffic flow and firehouse.

·         Parking.

·         Water (trench) for garden.

·         Will try to get donations from local businesses.

·         Beds will be open to residents for a minimal charge.

 

The Commission would like to see more details about fencing, shed and parking.  Tabled.

 

 

4)      5 Amity Road, Application #2014-011 submitted by Russell Hehn for a Change of Use  to operate an Archery and Firearms Training Center

 

The Commission formally received the application.  Present for this application was Russell Hehn, applicant.

 

Chair Brinton reviewed the contents of the application file.

 

Member Shea disclosed for the record that she is employed by another business on the same property.

 

Hiram Peck, Planning Consultant, stated a letter from the South Central Connecticut Regional Water Authority has not been received.   Mr. Peck had a few questions for the applicant as to if all activities will be taking place inside the building and will the applicant be making any modifications to the building to make it safe.

 

Mr. Hehn noted:

·         All activities will be inside the building.

·         No ammo in building, strictly training.

·         Will be adding another wall to separate class room from archery section.

·         Activities taking place in evenings and on weekends.

 

Isabel Kearns, Zoning Enforcement Officer, prepared a draft resolution.  Commission members reviewed and proceeded to deliberate.  It was moved by Calhoun and seconded by Sullivan to approve the following resolution for Application #2014-011:

 

Whereas, Russell Hehn applied on February 5, 2014, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate a firearms training facility located at 5 Amity Road;

 

Whereas, William Ciola, authorized Russell Hehn to apply for the necessary land-use permits to operate his proposed business at 5 Amity Road in a letter dated January 30, 2014;

 

Whereas, the Commission, at its regular meeting of February 5, 2014, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate a firearms training facility located at 5 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)                  The Commission received an e-mail dated February 3, 2014, from John Laudano of Quinnipiack Valley Health District, in which he states that this proposal will not initiate us requiring soil and percolation testing.  His maximum allowed use by our approval will be two instructors and one class of 20 students (classes will occur once per day with six classes maximum per week).  He also signed off on the back of the application form on February 5, 2014, indicated his approval.

2)                  Rod White, Fire Marshal, signed off on the back of the application form on     February 3, 2014, indicating his approval with the following comment:  Will need to see floor plan in the future and inspect layout.

 

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 a firearms training facility located at 5 Amity Road (Application #2014-011), as presented in the application, statement of use and testimony and with the following conditions:

1)                  A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.

2)                  The Fire Marshal must sign off prior to a certificate of occupancy.

3)                  The use is limited to two instructors and one class of 20 students (classes would occur once per day with six classes’ maximum per week).

4)                  This approval is pending the receipt of approval from the South Central Connecticut Regional Water Authority.

5)                  Authorize the Zoning Enforcement Officer to approve signage that will be in compliance with the Zoning Regulations.

Voting for:  Brinton, Amadeo, Calhoun, Sullivan, Shea.

Unanimous approval.

 

 

5)      327 Litchfield Turnpike, Application #2014-012 submitted by Toby Fischer for a Site Plan to locate two cold frame structures

 

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

 

Chair Brinton reviewed the contents of the application file.

 

Mr. Fischer noted:

·         These are temporary structures (greenhouses).

·         Dirt floor structures, everything grown in the ground.

·         Contracted by USDA and RCS to do research and they pay for the greenhouses.

·         Member of Community-supported agriculture (CSA).

 

Chair Brinton noted the Commission did not receive any correspondence from the South Central Connecticut Regional Water Authority.

 

The Commission noted that Mr. Fischer needs these greenhouses to continue his CSA.

 

Isabel Kearns, Zoning Enforcement Officer, prepared a draft resolution.  Commission members reviewed and proceeded to deliberate.  It was moved by Calhoun and seconded by Sullivan to approve the following resolution for Application #2014-012:

 

Whereas, William Fischer, owner of the property, authorized Toby Fischer to apply on his behalf in a document dated February 5, 2014 for a Site Plan Approval to locate two 30-foot by 75-foot cold frame greenhouses to be located at 327 Litchfield Turnpike;

 

Whereas, Toby Fischer, applicant, applied to the Planning and Zoning Commission for a Site Plan Approval to locate two 30-foot by 75-foot cold frame greenhouses to be located at           327 Litchfield Turnpike;

 

Whereas, the Commission at its regular meeting of February 5, 2014, considered the statement of use, narrative, testimony and all other application information relating to this Site Plan Approval to locate two 30-foot by 75-foot cold frame greenhouses;

 

 

 

 

Whereas, the Commission finds, and has considered the following:

 

1)                  Alexis Rinaldi, Quinnipiack Valley Health District representative, approved QVHD Permit #2170, dated February 4, 2014.

2)                  Rod White, Fire Marshal, has submitted an email dated February 5, 2014, indicating his approval.

 

Now Therefore Be It Resolved, that pursuant to the Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves Application   #2014-012 submitted by Toby Fischer for a Site Plan Approval to locate two 30-foot by 75-foot cold frame greenhouses to be located at 327 Litchfield Turnpike, as presented in the application, statement of use and testimony and with the following conditions:

  1. This approval is pending the receipt of approval from the South Central Connecticut Regional Water Authority.
  2. All prior conditions from original approval dated October 3, 2012, remain in full force and effect.

Voting for:  Brinton, Amadeo, Calhoun, Sullivan, Shea.

Unanimous approval.

 

 

6)      755 Amity Road, Application #2014-013 submitted by Ames & Whitaker Architects for a Special Exception to construct a community center for the Town of Bethany

 

The Commission formally received the application.  Present to speak on behalf of this application was Stephen Whitaker of Ames & Whitaker Architects, representing the Town of Bethany.

 

Chair Brinton reviewed the contents of the application file.

 

Member Sullivan made a disclosure that he is an abutting property owner of the Airport property.

 

The Commission received a letter from Kevin McSherry, Town Attorney, dated February 5, 2014, Re:  Airport Hangar Application – Site Plan Approval – public hearing not required.

 

Mr. Whitaker proceeded to give a brief presentation of the proposed project.

 

Some items noted were:

·         Proposed community center will be in exact location as existing hangar structure.

·         Only change from the existing structure will be additional entrance and office.

·         Structure will be a corrugated metal building.

·         Adding four handicap parking spaces.

·         Building is being built with grant money from State of Connecticut and will be done in steps.

 

Hiram Peck, Planning Consultant, stated a site plan approval does not require a public hearing but he needs to review this application to understand where this application would be within the Zoning Regulations.  Mr. Peck will contact Town Attorney.

 

Commission members discussed and stated they need more time to review the application.

 

It was moved by Calhoun and seconded by Sullivan to refer Application #2014-013 submitted by Ames & Whitaker Architects for a Site Plan Approval to construct a Community Center located at 755 Amity Road (Airport Hangar) to Hiram Peck, Planning Consultant, for review and recommendations as to what the charge of the Planning and Zoning Commission is with this application and if a public hearing is required for this application, it will be scheduled on the next available meeting agenda of the Planning and Zoning Commission.

Voting for:  Brinton, Amadeo, Calhoun, Sullivan, Shea.

Unanimous approval.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, March 5, 2014.  Tabled.

 

 

OLD BUSINESS

 

1.      788 Amity Road, Application #2013-028 submitted by Amity Road LLC for a 4-Lot Resubdivision and waiver request for open space and waiver request for the provision of a water source for fire protection in the resubdivision – Public hearing continued to March 5, 2014.  Tabled.

 

2.      788 Amity Road, Application #2013-029 submitted by Amity Road LLC for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – Public hearing continued to March 5, 2014.  Tabled.

 

3.      112 Old Amity Road, Application #2014-004 submitted by Warren Allen for a Special Exception Permit for dwelling unit in B&I Zone – Public hearing continued to March 5, 2014.

 

4.      91 Bethway Road, Application #2014-005 submitted by Elizabeth Doering to modify existing permit to add a 14-foot by 30-foot multi-purpose room – Public hearing continued to March 5, 2014.

 

5.      4 and 21 Meyers Road, Application #2014-006 submitted by Green Haven, Inc. to amend the title of the existing Section 9A of the Bethany Zoning Regulations by adding “Age Restricted” and to create a new Section 9B – “Housing Opportunity Development” (HOD) District – Public hearing February 12, 2014.

 

6.      4 and 21 Meyers Road, Application #2014-007 submitted by Green Haven, Inc. to change the zone district designation from HOD (Section 9A) to new proposed Section 9B (HOD) – Public hearing February 12, 2014.

 

7.      4 and 21 Meyers Road, Application #2014-008 submitted by Green Haven, Inc. to obtain a site plan approval for a new construction of 30 homes and related improvements for a housing development to be named Rocky Corner – Public hearing February 12, 2014.

 

8.      4 Peck Road, Application #2014-002 submitted by James Sakonchick to obtain approval of a “Set-Aside Development” for new construction of a 3-Unit Multi-Family Dwelling in accordance with CGS 8-30g.  Amend the Zoning Regulations for “Set-Aside Development. – Public hearing March 5, 2014.  The Commission discussed the option of retaining counsel to review this application.  It was moved by Sullivan and seconded by Amadeo to retain Counsel (Peter Olson) for the review and processing of Application #2014-002 submitted by James Sakonchick to obtain approval of “Set-Aside Development” for a new construction of a 3-Unit Multi-Family Dwelling in accordance with CGS 8-30g and amend the Zoning Regulations for a “Set-Aside Development”.

      Voting for:  Brinton, Amadeo, Calhoun, Sullivan, Shea.

      Unanimous approval.

 

9.      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. -  Tabled.

 

10.  Continue discussion on Village DistrictsTabled.

 

11.  Discuss increasing application fees 

      Hiram Peck, Planning Consultant, prepared a draft revised fee schedule dated January 12,

      2014.  It was moved by Amadeo and seconded by Sullivan to recommend to the Board of

      Selectmen that the revised Land-Use Fee Schedule, dated January 12, 2014, be added to the

      agenda of the next Town Meeting.

      Voting for:  Brinton, Amadeo, Calhoun, Sullivan, Shea.

      Unanimous approval.

     

 

There being no further business to come before the Commission, it was moved by Calhoun  and seconded by Amadeo to adjourn the regular meeting at 9:40 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning Commission