MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION SPECIAL MEETING/PUBLIC HEARING OF
WEDNESDAY, APRIL 16, 2014
Page 1
of 5
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
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 Road 21
Meyers Road Bethany , Connecticut
·
Application #2014-008 to obtain a site plan
approval for new construction of 30 homes and related improvements for a
housing development to be named Rocky Corner, at 4 Meyers Road (Assessor’s May
119, Lot 7) & 21 Meyers Road (Assessor’s Map 119, Lot 4), Bethany,
Connecticut -
Approximately 60 individuals were in attendance for the
public hearing continuation for Applications #2014-006, #2014-007, and
#2014-008 submitted by Green Haven Inc. for the property located at 4 and 21 Meyers Road
Chair Brinton reviewed the procedure of how the hearing
would be conducted with comments from the Fire Marshal, the applicant’s
representatives and then public comments.
Chair Brinton read the list of correspondence that has been
received as follows:
- Letter
from Thomas Daly of Milone & MacBroom, dated April 2, 2014, Re: Responses to Davis Nafis letter dated
January 16, 2014, in review of the Rocky Corner plans and specifications.
- Letter
from Thomas Daly of Milone & MacBroom, dated April 2, 2014, Re: Responses to Quinnipiack Valley Health
District, dated January 8, 2014, Site Plan Review, Rocky Corner.
- Letter
from Chris Smith of Shipman and Goodwin, dated April 3, 2014, Re: Submitting documents for Commission
review: Draft Deed of Agricultural
Conservation Easement and Section 9B:
Housing Opportunity Development District (proposed revisions are
underlined).
- Letter
from Chris Smith of Shipman and Goodwin, dated April 2, 2014, Re: Responses prepared by
- Letter
from Chris Smith of Shipman and Goodwin, dated April 2, 2014, Re: Documents requested: EHS circular Letter, dated October 1,
2009, from Robert Scully, PE, Supervising Sanitary Engineer, Environmental
Engineering Program, DPH; Modified Compliance Plan, March 2014,
Revised: April 2, 2014, with
requested revisions on the first page and updated calculations on pages
5-10, inclusive (a single sheet redlined version of the revisions on the
first page.; and Court Orders and pleading in Halter Estates Senior
Community LLC v. Planning and Zoning Commission of the Town of Bethany: (a) Memorandum of Decision, dated May 3,
2007; (b) Amended Motion to Reargue and for Clarification, dated June 14,
2007; and Order, dated July 3, 2007.
- Letter
from Rod White, Fire Marshal, dated April 15, 2014, Re: Comments on latest review of revised
plans, dated April 2, 2014.
- Letter
from Bethany Volunteer Fire Department, dated April 14, 2014, Re: Comments on latest review of revised
plans, dated April 2, 2014.
- Letter
from Regional Water Authority, dated April 16, 2014, Re: Comments on latest review of revised
plans, dated April 2, 2014.
- Letter
from Quinnipiack Valley Health District, dated April 16, 2014, Re: Comments on latest review of revised
plans, dated April 2, 2014.
- Letter
from Robert Brinton of
- Letter
from Richard Barnes of
Other correspondence received during the public hearing
submitted by the applicant:
- Three
sheets entitled “Rocky Corner Parking Distances”, “Bethany Town Hall
Parking Comparison”, and Heritage Cove in Essex, CT Parking Distances”.
- Submitted
a map entitled, “Agricultural Deed Restriction Areas, Rocky Corner”, dated
April, 2014, and stated the highlighted areas would be encumbered by the
easement.
- Submitted
and reviewed letter to Ron Walters of RWA from Milone & MacBroom,
dated April 11, 2014, Re: Rocky
Corner, Nitrogen Dilution Analysis, Septic System Design.
- Submitted
Motion to Reargue dated May 30, 2007, seven pages, Re: Halter Estates versus PZC septic
disposal system.
- Submitted
12 photographs of properties in the area and one large aerial photograph
of the properties in the area.
Rod White, Fire Marshal, addressed the Commission stating
that the Fire Marshal’s Office and the Bethany Volunteer Fire Department feel
the applicant has addressed our needs regarding Fire Safety and will comply
with all State and Local requirements.
See letter from Fire Marshal dated April 15, 2014 and see letter from
Michael Katzmark, Water Resource Office, BVFD dated April 14, 2014.
Next to speak was Attorney Chris Smith who stated that the
Commission, Attorney Olson and Mr. Peck has asked for additional information
and that we have provided this information and would like to review the
changes.
To review the changes was Mr. Thomas Daly P.E. of Milone
& MacBroom. Mr. Daly reviewed the
following:
- Revisions
made to accommodate the Fire Marshal and BVFD requests.
- Responded
to Earth Excavation Regulation in letter dated April 2, 2014, from Milone &
MacBroom.
Next to speak was Jim Childress of Centerbrook Architects
who reviewed the parking distances from homes to parking spaces. (Submitted 3 sheets entitled “Rocky Corner
Parking Distances”; “Bethany Town Hall Parking Comparison”, and Heritage Cove
in Essex , CT
Attorney Smith spoke again reviewing the following:
- Working
with Conservation Commission and the Land Trust on who will hold the Deed
of Agricultural Conservation Easement.
- Reviewed
portions of the draft Deed of Agricultural Conservation Easement.
- Submitted
a map entitled, “Agricultural Deed Restriction Areas, Rocky Corner”, dated
April, 2014, and stated the highlighted areas would be encumbered by the
easement.
- Reviewed
the proposed verbiage to Section 9B in packet dated April 3, 2014.
- Reviewed
EHS Circular letter dated October 1, 2009, from Robert Scully of the DPH
in packet dated April 2, 2014.
- Submitted
and reviewed letter to Ron Walters of RWA from Milone & MacBroom,
dated April 11, 2014, Re: Rocky
Corner, Nitrogen Dilution Analysis, Septic System Design.
- Submitted
Motion to Reargue dated May 30, 2007, seven pages, Re: Halter Estates versus PZC septic
disposal system.
- In
regard to letter submitted by Robert Brinton Jr. P.E., of 68 Knollwood
Road, Bethany, dated April 2, 2014, Re:
Proposed subsurface sewage treatment and disposal systems for this
development, Attorney Smith referred back to the 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”, letters in Exhibit
J.
Chair Brinton recessed the public hearing for a brief break
at 8:41 p.m. The hearing commenced at
8:52 p.m.
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. The following public
individuals spoke:
- Richard
Podoloff of
- Patricia
Stewart of
- Richard
Barnes of 534 Bethmour Road
- David
Forman of 329 Downs Road
- Anthony
Esposito of
- Joe
Barletta of
- Aileen
Magda of
Next to speak was Dave Nafis, P.E./L.S. of Nafis &
Young. Mr. Nafis stated the applicant addressed
his comments from his letter dated January 16, 2014, and addressed the concerns
of the Fire Marshal and the Fire Department.
Ron Walters, Senior Environmentalist of the Regional Water
Authority, briefly discussed the following topics:
- State policy for septic
systems.
- Applicant was willing to
adjust the location of the septic systems and do testing the RWA asked to
confirm there will be no impact to the water supply.
- Well system for Green
Haven.
Commission members addressed the applicant’s representatives
with questions relating to some of the following areas:
- There
will be 30 dwellings.
- Responsibility
of the fire suppression tank.
- Water
supply to barns and greenhouses.
- RWA is
willing to be holder of conservation easement.
- Out of
the 30 units, 9 will be affordable.
- Dwellings
will be owned and the owner will have an interest in the association.
- Will
condos be allowed to be rented?
Peter Olson, Special Counsel, addressed the applicant’s
representatives with concerns and requests.
Some of these are as follows:
- Proposed
access on
- Do you
have an objection to that access having a gate with lock box?
- Questioned
water draw per day for the residential units.
- Questioned
water draw for farming operation.
- Submit
outline for deferred parking.
- Questioned
Lot 1 – no homes on this lot. Can
agricultural portion extend to Lot 1?
- The
PZC needs to pay attention to all transactions with the dwellings for
Green Haven.
Hiram Peck, Planning Consultant, briefly touched on the
following areas:
- Berm on north side of
property.
- Land Trust creating a
walking path.
- What surface material
would be used for walking path?
Attorney Smith presented his closing argument and submitted
12 photographs of properties in the area and one large aerial photograph of the
properties in the area of Meyers Road and Old Amity Road.
At 10:12 p.m., it was moved by Goldner and seconded by
Sullivan to close the public hearing continuation/special meeting on the
subject applications. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
