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