Tuesday, January 7, 2014


 

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, DECEMBER 16, 2013                                            Page 1 of 4

The regular meeting of the Inland Wetlands Commission was called to order at 7:31 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

The following members of the Commission were present:

         Alexandra Breslin, Chair

         Kristine Sullivan, Vice-Chair

         Lisa Gaw, Member

         Brian Smith, Member

 

The following members of the Commission were absent or excused:

         Roger Hathaway, Member

         Mig Halpine, Alternate Member

 

Also present was:

            Isabel Kearns, Inland Wetlands Enforcement Officer

 

It was moved by Sullivan and seconded by Smith to receive and add Application #1212 submitted by Alan Towbin for an Inland Wetlands Permit to locate a 8-foot by 8-foot shed located at 77 Oak Ridge Road to the agenda but not to act on or discuss.

Vote 4 to 0.

Voting were:  Breslin, Sullivan, Gaw, Smith.

Unanimous approval.

 

 

NEW BUSINESS

 

1.      755 Amity Road, Application #1211 submitted by Stephen Whitaker for an Inland Wetlands Permit for a new community center located at 755 Amity Road

 

The Commission formally received the application.  Present to speak on behalf of this application was Stephen Whitaker, Ames & Whitaker Architects in Southington, CT.

 

In discussion, Commission members noted:

  • There are no wetlands anywhere near the facility.
  • No new onsite drainage work proposed.
  • The consensus of the Commission was that there is no IW action necessary.

 

It was moved by Sullivan and seconded by Smith that the Inland Wetlands Commission finds that there is no Inland Wetlands Commission action necessary because the activity is not within the 150 foot regulated area of the Commission’s review.

Vote 4 to 0.

Voting were:  Breslin, Sullivan, Gaw, Smith.

Unanimous approval.

 

OLD BUSINESS

 

1.      234 Amity Road (Surreybrook School), Application #1210 submitted by Kathleen Consoli for a Site Plan Approval to construct a barn 20 feet by 30 feet

 

No one was present to speak on behalf of this application.

 

The Commission conducted a site visit on December 8, 2013. 

 

In discussion, Commission members noted:

  • Barn will be located in existing flat lawn area.
  • Applicant downsizing barn.

 

It was moved by Sullivan and seconded by Smith to approve Application #1210 submitted by Kathleen Consoli (Surreybrook School) for a Site Plan Approval to construct a barn not to exceed 20-feet by 30-feet located at 234 Amity Road, as presented in the application, testimony and in accordance with the submitted plan, untitled, with hand-drawn markings prepared by the applicant and dated November 19, 2013, and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.  If the applicant decides to do more excavation for the foundation, they will need to contact the Inland Wetlands Enforcement Officer.  Based on our observations at the site inspection, there should be no adverse impact to the onsite wetlands from the proposed project.

Vote 4 to 0.

Voting were:  Breslin, Sullivan, Gaw, Smith.

Unanimous approval.

 

 

2.      4 and 21 Meyers Road, Application #1209 submitted by Green Haven, Inc. for an

      Inland Wetlands Permit for Site Plan and a Stormwater Management Plan Review

 

The public hearing is scheduled for January 27, 2014.  Tabled.

 

3.  Discussion regarding Bethany West clearing.  (Letter from Roman

Mrozinski/Southwest Conservation District)

 

Member Breslin and Sullivan will be attending the Conservation Commission meeting in January, 2014.  Tabled.

 

4.  Discussion with David Puzone, regarding 33 Deerfield Lane, development of

     property  Tabled.

 

5.  185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn

     Tabled. 

 

 

6.  Continuation of Show Cause Hearing regarding Town of Bethany drainage repairs

     conducted in a regulated area without an Inland Wetlands PermitTabled.

 

7.  Update on appeal submitted by James Woodward for 46 Mesa DriveTabled.

 

8.  Discussion in regard to amendments to the Inland Wetlands Regulations per State

     of CT  Tabled.

 

 

APPROVAL OF MINUTES

 

1. It was moved by Smith and seconded by Gaw, to approve as amended, the minutes of

     the November 25, 2013, Regular Meeting.

     Voting were:  Sullivan, Gaw, Smith.

     Breslin abstained.

     Approved.

 

2.  It was moved by Sullivan and seconded by Smith to approve, as submitted, the minutes of

     the December 8, 2013, Special Meeting/Site Visit.

     Voting were:  Sullivan and Smith.

     Breslin abstained.

     Approved.

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from Nancy McCarthy, Town Clerk, dated November 20, 2013, Re:  Request for regular meeting schedule for 2014 with attached draft of 2014 Regular Meeting Schedule prepared by clerk.

It was moved by Sullivan and seconded by Gaw to accept and approve the proposed schedule

of regular meetings prepared by the Clerk from January 2014 to January 2015 with the one

change in the December 2014 meeting date.

Vote 4 to 0.

Voting were:  Breslin, Sullivan, Gaw, Smith.

Unanimous approval.

 

 

ENFORCEMENT OFFICER REPORTS –

 

Isabel Kearns, IWEO, reported on the Gaetano’s at 187 Beacon Road.  Ms. Kearns stated she spoke with Beth Gaetano and she stated that they never introduced anything to the site and that the erosion  was created by Mr. Cusano’s filling of his property at 185 Beacon Road.  Member Sullivan stated there was also filling along the slope near the house.  Tabled.

 

 

 

SCHEDULE SITE VISITS – None

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Smith .

 and seconded by Sullivan to adjourn the regular meeting at 7:55 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

for the Inland Wetlands Commission

 

Bethany Conservation Commission


The meeting was called to order at 8:12 p.m. Thursday Nov.  2013. Those in attendance were Bruce Loomis, Cathy Rives, Dorothy Seaton, and Lisa Tavolacci.

Bruce made a motion to accept November minutes, Lisa seconded. The minutes were amended to read that Louise Harter (spelling corrected) was in favor of the Green Haven proposal.  All were in favor and the motion passed.

Bruce moved to review the minutes of the property walk at 788 Amity Rd. The minutes were tabled due to lack of member representation.

The October minutes were tabled due to lack of member representation.

Bills and Correspondence-Bruce distributed commission correspondence, The Soil and Water Newsletter.

Bruce reviewed the minutes and agenda of other Commissions.  Inland and wetlands are still reviewing 788 Amity Rd as well as the Green Haven plan.

The Planning and Zoning Commission is still reviewing plans submitted by John Paul Garcia for a four lot re-subdivision located at 788 Amity Rd. Also still before them is the Conservation Commission letter and the possible need for a fire fighting water tank on the property,  presented by the fire department.

New business- Bruce motioned that the Conservation Commission has determined with regards to the   Green Haven proposal, that we, as a Commission do need to make a statement.  As this is a modification of the previously court ordered approval of Halter Estates all open space and conservation related issues were resolved as a result of the court order.  However, when compared to the original Halter Estates plan the Green Haven plan has some very real benefits to the town with regard to reducing the impact of development on this site.  They include saving an historic house; not using or impacting Meyers Road with traffic for the development; situating the homes so as to be much less visible from any road; greatly reduced impervious surface area; and defined areas of open space with conservation easements where none existed before.   Lisa seconded, one member opposed, the vote passed 3 to 1.

Bruce announced the passing of a former longtime Conservation Commission and Inland Wetlands member Audrey Eisenstadt.  We want to thank her posthumously for her generous contribution and service to the Conservation Commission and the Town of Bethany. 

Dorothy moved to close the meeting, Cathy seconded and the meeting was adjourned at 9:30.

         Respectfully Submitted,

            Lisa Tavolacci, Secretary pro-tempore

 

 

BOARD OF SELECTMEN

DECEMBER 9, 2013

Page 1 of 5

DRAFT

Attendance:  First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectwoman Aileen Magda

Visitors:  Attorney Kevin McSherry, Lisa Amadeo, Salvatore Amadeo, Kim McClure, Arthur Slicer, Sheila Wade, Carol Goldberg, David Forman, Donna Shea, Brian Laubstein

First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:30 pm.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.  All present were asked to rise for the Pledge of Allegiance. 

APPROVAL OF MINUTES

First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of November 25, 2013.  Selectwoman Magda moved to table acceptance because she did not receive the minutes to review before the meeting.  Acceptance of the minutes was tabled until the next meeting.

 

TAX REFUNDS

First Selectwoman Gorski called for a motion to refund taxes.  The motion to refund to BAC Tax Services Corp the sum of $54.00, to GMAC the sum of $93.89, to Jordan or D. Lechner Gruskay the sum of $192.70, to Lucy F. Caruso the sum of $2.99, to Steven Vinas the sum of $302.80, to Toyota Motor Credit the sum of $208.63, to Cary Realty, LLC the sum of $782.20, to Vault Trust the sum of $1,500.51 and to John R or Susan M Wolanic the sum of $20.72 all for overpayment of taxes was moved by Selectman Donald Shea.  The motion was seconded by Selectwoman Magda.  The vote taken was unanimous. 

 

HIRING OF LAND USE ATTORNEY

Kim McClure, Chairman of the Planning and Zoning Commission was present to request permission to hire a land use attorney to assist with the Green Haven application and hearing.  The Planning and Zoning Commission voted unanimously to make this request.   Chairman McClure had made some inquiries from attorneys and she was recommending from her findings $5,000 to cover review of the applications and hearings.   The hiring of additional legal counsel is done at the discretion of the Town Attorney and the First Selectman.  Attorney McSherry and the Selectmen discussed this request.  First Selectwoman Gorski took their request under advisement and   they agreed that Planning and Zoning Chairman McClure, First Selectwoman Gorski and Attorney McSherry would hold a meeting on Tuesday to further discuss this matter.  Selectwoman Magda moved to approve up to $5,000 for the hiring of an attorney.  No second was made to this motion.  Following further discussion, Selectwoman Magda indicated that both she and Selectman Shea would like to see an attorney hired.

 

APPOINTMENTS TO CHARTER/ORDINANCE REVIEW COMMITTEE

First Selectwoman Gorski moved to table appointments to the Charter/Ordinance Review Committee for this meeting as she was waiting for acceptance from someone she had asked to serve on this committee.  Selectwoman Magda moved to appoint Paul Manger to the Charter/Ordinance review Committee.  Selectman Shea seconded the motion.  The vote was called.  There were two yes votes and one no vote that of First Selectwoman Gorski.

 

APPOINTMENTS TO LONG TERM FINANCIAL PLANNING COMMITTEE

First Selectwoman Gorski opened discussion regarding re-appointments to the Long Term Financial Planning Committee.  Appointed to the original committee were Chip Spear, Steve Squinto, Sharon Huxley, Aileen Magda and Jamie Stirling.   Selectwoman Magda was representing the Board of Finance at the time of her appointment. First Selectwoman Gorski moved to have Janet Brunwin replace Selectwoman Magda because of her expertise and experience as former chairman of the Board of Finance.  Selectman Shea seconded the motion for discussion purposes. No vote was taken.   Sharon Huxley, who at the time of her appointment represented the Planning & Zoning Commission, could represent the Board of Finance as a member of that board now.  Discussion followed regarding expanding of the committee to six or seven members, as Selectwoman Magda wanted to remain on the Committee.  Attorney McSherry indicated the committee could be expanded by making a change to the charge.  Following further discussion Selectman Shea moved a motion to expand the committee to six members by amending the charge.  Selectwoman Magda seconded the motion.   The vote taken was unanimous.  Selectman Shea then moved a motion to reappoint Selectwoman Magda to the Long Term Financial Planning Committee and to appoint Janet Brunwin as the sixth member of the committee.  Selectwoman Magda seconded the motion. 

The vote taken was unanimous.

 

RECYCLING CENTER CHARGE FOR MATTRESS DISPOSAL

The Selectmen discussed for clarification charges for mattress disposal with Carol Goldberg.  It was not clear if a mattress and box spring would be charged as one unit.  The Solid Waste Recycling Committee had determined that they would each be charged separately.  It was questioned whether a box spring could be put in the metal dumpster because of the springs.  Carol will bring the concerns back to the Solid Waste Committee for clarification. 

 

AIRPORT PROPERTY

First Selectwoman Gorski opened discussion with the Selectmen regarding the Airport Property, and to address the concerns of Selectman Shea and Selectwoman Magda.  They were questioning activities on the property regarding activation of the Senior Housing plan.  First Selectwoman Gorski explained that Mutual Housing of New Haven, a non-profit group for senior housing, had shown interest to do a preliminary   feasibility study for Senior Housing at this location.   No Town monies have been spent.  To move forward on this type of a project would require Town Meeting approval.  The previous attempt to develop this area had failed because of septic, well and drainage problems as the previous engineers had designed it.  Attorney McSherry explained procedures that would need to be done to ever bring this project forward.

 

 

HANGAR PROJECT

The Selectmen opened discussion regarding the Hangar Project.  Selectman Shea and Selectwoman Magda questioned when approval was given to move forward with this project.  Both Selectmen questioned the minutes of the Town Meetings where this issue had been addressed. First Selectwoman Gorski read from the minutes of the meeting of the Town Meeting of December 14, 2009 the amended resolution as follows:

 

Be it resolved at the Town Meeting of the Town of Bethany that the use of the Bethany Airport Hangar Building shall be changed from the current use as a storage building to a Community Recreation Center/Emergency Shelter.

 

            Be it further resolved that the Town of Bethany shall prepare an analysis of:

a.       Potential expenses and revenues for the project, including potential alternatives, and

b.      Fundraising strategies

To be presented back to a Town Meeting within 6 months

 

            Be it further resolved that, pending approval of such analysis, said Bethanhy Hangar shall be renovated and restored preserving as much of the building as is reasonable and restore or replicate the existing construction to respect and memorialize the existing hangar building and its significance in the history of the Town of Bethany.

 

            The renovation and restoration of the Bethany Airport Hangar shall be in a manner consistent with proposals of the Airport Steering Committee and design of Ames & Whitaker.

 

A Special Town Meeting held April 26, 2010 addressed final approval.

 

 It was opinion of Selectman Shea and Selectwoman Magda that the minutes did not clearly give permission for this project to move forward.  Arthur Slicer was asked by First Selectwoman Gorski to speak to the Board regarding details and history of the Hangar project and its progress.  Arthur gave an emotionally filled report on the progress of the project and the time, effort and interest that both he and members of the committee had been put into it.   He expressed his displeasure with the comments from both Selectman Shea and Selectwoman Magda.   He felt they were creating a hostile environment. 

 

TREE WORK

Selectman Shea and Selectwoman Magda questioned Alan Green regarding the hiring of Harkness for tree work.  They both felt the work should have gone out to bid since it had exceeded the $5,000 threshold for bidding. The work will be put out for VIP bid (Vendor in Place) in January.  Attorney McSherry explained procedures for bidding and proper payment of invoices. 

 

BETHANY BULLETIN

Selectman Shea and Selectwoman Magda expressed their desire to have a column in the Bethany Bulletin.  First Selectwoman Gorski explained that the Bethany Bulletin was a news letter and that they could add newsworthy articles to it anytime as long as they were not politically motivated.

 

BETHANY HISTORICAL SOCIETY REQUEST TO HAVE TOWN INCLUDED IN OIL BID

First Selectwoman Gorski will have the Bethany Historical Society included in the bidding for oil for fiscal year 2014-15.  Since the Town bids oil one year in advance, it was not possible to include them in oil delivery for fiscal year 2013-14 as the request was just recently made to the Town by William Brinton. 

 

LETTER FROM BRIAN FOURNIER

The Board of Selectmen discussed the letter from Brian Fournier to the Board of Selectmen.  Selectman Shea and Selectwoman Magda requested the letter to the Board of Selectmen from Brian Fournier be included in the minutes of this meeting.  Selectwoman Magda and Selectman Shea are asking for his resignation from the Board of Education as they have no confidence in him. 

 

ADJOURNMENT

Adjournment was called at 9:05 pm after a motion was moved by Selectman Shea and seconded by Selectwoman Magda.

 

                                                                        Respectfully submitted,

 

                                                                        June G. Riley

                                                                        Secretary, Board of Selectmen

 

 

 

  

 

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY,  DECEMBER 4, 2013                                      Page 1 of 12

 

The regular meeting of the Planning and Zoning Commission was called to order at 7:04 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

            Douglas Goldner, Member

            Donna Shea, Alternate Member

            Bradford Buchta, Alternate Member

 

The following Commission Member was absent or excused:

            James Gugliotti, Alternate Member

 

Also present were:

            Hiram Peck, Planning Consultant

            Isabel Kearns, Zoning Enforcement Officer

 

 

APPROVAL OF MINUTES

 

1.      It was moved by Sullivan and seconded by Calhoun to accept and approve the minutes of the       October 21, 2013, Special Meeting.

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

Unanimous approval.

 

2.      It was moved by Goldner and seconded by Calhoun to accept and approve the minutes of the    November 6, 2013, Regular Meeting with the following amendments:

·         Page 1, Item 1. – Reads “It was moved Calhoun and seconded by Sullivan to approve, as submitted, the minutes of the September 27, 2013, Special Meeting.” Change to “It was moved by Calhoun and seconded by Sullivan to approve, as submitted, the minutes of the September 27, 2013, Special Meeting.”

·         Page 4, First Paragraph, Second Sentence – Reads “No one present to speak on behalf of this application.” Change to “No one was present to speak on behalf of this application.”

·         Page 5, Item 4), Voting – Reads “Voting for:  Brinton, Amadeo, Calhoun, Goldner, Sullivan. Change to “Vote 4 to 1.  Voting for: Brinton, Amadeo, Calhoun, Sullivan.  Opposed:  Goldner.  Approved.

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

      Unanimous approval.

 

 

 

 

 

BILLS

 

1.      It was moved by Calhoun and seconded by Sullivan to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for November 2013, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from Regional Water Authority, dated December 4, 2013, Re:  Review comments on 55 Green Hill Road, permit for accessory apartment.

2.      Letter from the Conservation Commission, dated November 15, 2013, Re:  Review comments on 788 Amity Road for a subdivision.

3.      Letter from Diversified Technology Consultants to Inland Wetlands Commission, dated November 25, 2013, Re:  Review comments on 788 Amity Road – 4-Lot Subdivision.

4.      Letter from Bethany Volunteer Fire Department dated November 25, 2013, Re:  Response to request to waive a water source for subdivision located at 788 Amity Road.

5.      Copy of Inland Wetlands Permit #1204 approved on November 25, 2013, for a four-lot subdivision located at 788 Amity Road.

6.      Letter from Regional Water Authority, dated December 4, 2013, Re:  Review comments on   9 Northrop Road, home occupation office for a landscaping business.

7.      Letter from Regional Water Authority, dated December 2, 2013, Re:  Review comments on 234 Amity Road, barn construction.

8.      Letter from Regional Water Authority, dated December 2, 2013, Re:  Review comments on 696 Amity Road, change of use to dance studio.

9.      Letter from Quinnipiack Valley Health District, to Milone and McBroom Engineers, dated November 19, 2013, Re:  Review of application for proposed Rocky Corner Subdivision, Meyers Road.

10.  Letter from Nancy McCarthy, Town Clerk, dated November 20, 2013, Re:  Request for regular meeting schedule for 2014 with attached draft of 2014 Regular Meeting Schedule prepared by clerk.

It was moved by Amadeo and seconded by Sullivan to approve the adoption of the January 2014 through January 2015 schedule of Planning and Zoning Commission Meetings as presented to the Commission by the Clerk.

Vote 5 to 0.

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

Unanimous approval.

 

11.  Letter from Regional Water Authority, dated November 19, 2013, Re:  Response to noise complaint from the firewood harvest located intersection of Valley and Old Mill Roads.

12.  Letter to Arnold Novenstein of 692 Litchfield Road from Isabel Kearns, ZEO, dated November 13, 2013, Re:  Response to complaint on the property located at 192 Litchfield Turnpike.

13.  Letter to Mr. and Mrs. Ralph Scinto from Isabel Kearns, ZEO, dated November 7, 2013, Re:  Notice of Violation at property located at 48 Northrop Road.

14.  Letter to Mr. and Mrs. Ralph Scinto from Isabel Kearns, ZEO, dated November 12, 2013, Re:  Response to violation at property located at 48 Northrop Road.

15.  Letter to John and Bill Ciola from Isabel Kearns, ZEO, dated November 12, 2013, Re:  Cease and Desist Order for property located at 5 Amity Road and 10 Round Hill Road.

16.  Letter from South Central Connecticut Regional Planning Commission, dated November 18, 2013, Re:  Review comments on Town of Cheshire:  Proposed Amendments to Section on Special Adaptive Reuse Development District.

17.  Email from South Central Connecticut Regional Planning Commission, dated November 7, 2013, Re:  Referral from Town of Seymour on zoning amendment to Multi Family Zoning District with attached comments from South Central Connecticut Regional Planning Commission dated November 18, 2013.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

 

Isabel Kearns, ZEO, reported that:

  • The Ciola letter dated November 12, 2013, in correspondence has not been mailed.
  • Submitted list of building permits dated December 4, 2013.

 

 

PUBLIC HEARINGS

 

·         Application #2013-026 submitted by John Ellison for Special Exception Permit for an accessory apartment located at 55 Green Hill Road -

 

At 7:17 p.m., Chair Brinton called to order the public hearing on the above referenced application.  The call for the public hearing was read.  Chair Brinton reviewed the complete contents of the application file.

 

Chair Brinton then noted that the Commission has received the following items relative to the subject application.  Exhibit identification was assigned as noted:

1)      Exhibit 1A – Submitted by John Ellison, a set of four photographs of the subject property with a description on the back of each photograph. 

2)      Exhibit 1B – Letter from Regional Water Authority, dated December 4, 2013, Re:  Review comments on 55 Green Hill Road, permit for accessory apartment.

 

Present to speak on behalf of this application was John Ellison, applicant and owner of record.

 

Mr. Ellison noted:

o   The garage was constructed in 2004-2005 with an empty space above garage.  Would like to make that empty space an accessory apartment.

o   The accessory apartment will have a separate entrance.

 

 

o   Made a determination to do a separate septic system due to the fact the present septic for the home is getting old (house built in the 70’s).

 

In discussion, some Commission members noted:

o   The connecting device from the house to the accessory apartment will be a breezeway.

 

Chair Brinton asked if anyone from the public would like to speak for or against the application.  There were no comments.

 

At 7:28 p.m., it was moved by Sullivan and seconded by Calhoun to close the public hearing.

Unanimous.

         

 

·         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 7:29 p.m., Chair Brinton called to order the public hearing on the above referenced applications.  The two applications will be heard together.  The call for the public hearing was read.  Chair Brinton reviewed the complete contents of the application files.

 

Chair Brinton 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 the Conservation Commission, dated November 15, 2013,     Re:  Review comments on 788 Amity Road for a subdivision.

2)      Exhibit 1B – Letter from Diversified Technology Consultants to Inland Wetlands Commission, dated November 25, 2013, Re:  Review comments on 788 Amity Road –   4-Lot Subdivision.

3)      Exhibit 1C – Letter from Rod White, Fire Marshal, submitted December 4, 2013, Re:  Review comments on Application #2013-028 and #2013-029, 788 Amity Road.

4)      Exhibit 1D – Letter from Bethany Volunteer Fire Department dated November 25, 2013, Re:  Response to request to waive a water source for subdivision located at 788 Amity Road.

5)      Exhibit 1E - Copy of Inland Wetlands Permit #1204 approved on November 25, 2013, for a four-lot subdivision located at 788 Amity Road.

 

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

 

Mr. Garcia noted:

o   The property is the old Humane Society site.

o   Presently the property is used as a training facility for working dogs.

o   The applicant’s intent is to subdivide into four lots.

o   The existing house is presently being used for a commercial operation.

o   The proposed road would be serviced as a private road.

o   Quinnipiack Valley Health District did not submit a final review.

o   Would like the Commission to keep the public hearing open so that Mr. Garcia can review and address the letters from the Bethany Volunteer Fire Department, dated November 25, 2013, the Fire Marshal, submitted December 4, 2013, and address the comments from the Conservation Commission, dated November 15, 2013.

 

In discussion, some Commission members noted:

o   Would like to schedule a site visit.

 

Chair Brinton asked if anyone from the public would like to speak. 

 

Susan Cronin of 35 Russell Road – Mrs. Cronin asked what road will be used to enter into the subdivision.  Mr. Garcia stated the existing road will be used to enter into the subdivision and will be created to Town standards but will be a private road.

 

Hiram Peck, Planning Consultant, suggested that it should be noted on the record map, if approved, that this property is a dog facility for future reference.

 

The Commission scheduled a site visit for Saturday, December 7, 2013, at 8:00 a.m.

 

At 7:52 p.m., Chair Brinton recessed the public hearing and continued it to the next regular meeting on Wednesday, January 8, 2013.         

 

 

NEW BUSINESS

 

1)      9 Northrop Road, Application #2013-031 submitted by Thomas Goodwin for a Home Occupation Permit for an office for landscaping business

 

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, ZEO, stated this application is for an office only and there will be no outside storage.

 

 

 

 

 

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.  It was moved by Amadeo and seconded by Calhoun to approve the following resolution for Application #2013-031:

 

Whereas, Thomas Goodwin applied to the Planning and Zoning Commission on     December 4, 2013, for a home occupation permit to operate an office for a landscaping business located at 9 Northrop Road;

 

Whereas, the Commission at its regular meeting of December 4, 2013, considered the statement of use dated November 12, 2013, 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, signed off on the back of the application form on November 13, 2013,  indicating her approval.

2)                  Rod White, Fire Marshal, signed off on the back of the application form on December 2, 2013, indicating his approval.

3)                  The Commission received correspondence dated December 4, 2013, from Ronald Walters of the South Central Connecticut Regional Water Authority in which he states that he has no comment.

 

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, effective to December 7, 2011, the Bethany Planning and Zoning Commission approves the application of Thomas Goodwin for a home occupation permit to operate a home office for a landscaping business, as outlined in the Statement of Use dated November 12, 2013 with the following condition:

1)      There shall be no outside storage associated with the landscaping business.

      Vote 5 to 0.

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

      Unanimous approval.

         

2)      234 Amity Road, Application #2013-032 submitted by Kathy Consoli (Surreybrook School) for a Site Plan Modification to locate a 20’ by 30’ barn with plumbing

 

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

 

Isabel Kearns, ZEO, stated the application has not been acted on by the Inland Wetlands Commission to date.

 

It was moved by Sullivan and seconded by Calhoun to table Application #2013-032 until the next regular meeting scheduled for January 8, 2013.  Unanimous approval.

Tabled.

 

 

3)      696 Amity Road GL-1 and GL-2, Application #2013-033 submitted by Jodie Remillard for a Change of Use Permit for a dance studio -

 

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, ZEO, stated the Quinnipiack Valley Health District recommended the applicant have a maximum of 16 students per day as noted in a letter dated September 9, 2013, which is on file.

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.  It was moved by Calhoun and seconded by Sullivan to approve the following resolution for Application #2013-033:

 

Whereas, Jodie Remillard applied on December 4, 2013 to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate a dance studio from Units GL-1 and   GL-2 located at 696 Amity Road;

 

Whereas, Brian Botti/Taco, LLC, owner of Units Gl-1 and GL2 located at 696 Amity Road, authorized Jodie Remillard to apply for a change of use to operate a dance studio in Units GL-1 and GL-2 in a letter dated October 3, 2013;

 

Whereas, the Commission, at its regular meeting of December 4, 2013, 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 dance studio from Units GL-1 and  GL-2 located at 696 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)                  John Laudano, Quinnipiack Valley Health District representative, signed off on the back of the application form on November 25, 2013, indicating his approval.  He also submitted a letter dated September 9, 2013, in which he limits the number of students limited to 16 per day.

2)                  Rod White, Fire Marshal, signed off on the back of the application form on     December 2, 2013, indicating his approval but also noted that the applicant must complete a tenant fit-out application.

3)                  The Commission received a letter dated December 2, 2013, from Ronald Walters of the South Central Connecticut Regional Water Authority, who indicated that he has no comments.

 

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 allow the operation of a dance studio from Units GL-1 and GL-2 located at 696 Amity Road (Application #2013-033), 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)                   Per Quinnipiack Valley Health District approval (letter dated September 9, 2013, from John Laudano) there shall be a maximum of 16 students per day.

Vote 5 to 0.

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

      Unanimous approval.

 

4)      48 Knollwood Road, application #2013-034 submitted by Michael K. Jarvis for a Home Occupation Permit for a concrete coating business and home office

 

The Commission formally received the application.  Present to speak on behalf of the application was Michael Jarvis, applicant and owner of record.

 

Chair Brinton reviewed the contents of the application file.

 

Isabel Kearns, ZEO, stated in the statement of use the applicant states that there will be a tractor trailer delivery once per month.

 

Some items noted by Commission members:

o   Estimate of how many tractor trailers will be there is one per month for 10 to 15 minutes and will be backing up into the applicant’s driveway.

o   Applicant does not anticipate more than one tractor trailer a month but will make a condition of permit if becomes an issue with the Zoning Enforcement Officer.

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.  It was moved by Goldner and seconded by Amadeo to approve the following resolution for Application #2013-034:

 

Whereas, Michael Kenneth Jarvis, owner of 48 Knollwood Road, applied to the Planning and Zoning Commission on December 4, 2013, for a home occupation permit to operate an office and associated concrete coating business from the premises;

 

Whereas, the Commission at its regular meeting of December 4, 2013, considered the statement of use, narrative, testimony and other pertinent application information relating to this home occupation permit to operate an office and associated landscaping business application;

 

 

 

Whereas, the applicant has indicated on the Statement of Use dated November 22, 2013, that the application is for an office and associated concrete coating business.  There will be no visitors or outside storage.  There will be one tractor trailer visit per month for materials which will be stored within the existing garage.  There will be no employees other than the owner, Mr. Jarvis;

 

Now Therefore, the Commission makes the following findings of fact and decision regarding this application:

a.       Lynn Fox, representative of Quinnipiack Valley Health District, signed off on the back of the application form on December 3, 2013, indicating approval of the application.

b.      Roderick White, Fire Marshal, signed off on the back of the application form on December 2, 2013, indicating his approval.

 

Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, amended to December 11, 2013, the Bethany Planning and Zoning Commission approves the home occupation application of Michael Kenneth Jarvis to operate a home office and associated concrete coating business from the premises of 48 Knollwood Road, as outlined in the Statement of Use dated November 22, 2013, and in accordance with the testimony given today and with the following condition:

A.    The Commission will revisit this application as it pertains to tractor-trailer trips in one year’s time if it becomes an issue per Zoning Enforcement Officer.

     Vote 5 to 0.

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

     Unanimous approval.

 

 

OLD BUSINESS

 

1.      4 and 21 Meyers Road, Application #2013-035 submitted by Green Haven, Inc. to amend the text of Section 9 of the Bethany Zoning Regulations

 

Present to speak on behalf of this application was Attorney John Parese, representing the applicant, Green Haven, Inc.  Attorney Parese stated he is there to ask the Commission to schedule a public hearing.  Also, Attorney Parese stated on the application the property is listed as an R-65 Zone and it should be “Housing Opportunity Development” Zone.

 

Chair Brinton stated the public hearing will be set for January 8, 2014, at 7:30 p.m. in the Gymnasium at the Bethany Town Hall, Bethany, Connecticut.  Tabled.

 

 

 

 

 

 

 

2.      4 and 21 Meyers Road, Application #2013-036 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 named Rocky Corner

 

Present to speak on behalf of this application was Attorney John Parese, representing the applicant, Green Haven, Inc.  Attorney Parese stated he is there to ask the Commission to schedule a public hearing.  Also, Attorney Parese stated on the application the property is listed as R-65 Zone and it should be “Housing Opportunity Development” Zone.

 

Chair Brinton stated the public hearing will be set for January 8, 2014, at 7:30 p.m. in the Gymnasium at the Bethany Town Hall, Bethany, Connecticut.  Tabled.

 

3.      55 Green Hill Road, Application #2013-026 submitted by John Ellison for a Special Exception Permit for an Accessory Apartment

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.  It was moved by Sullivan and seconded by Goldner to approve the following resolution for Application #2013-026:

 

Whereas, Jack Ellison, owner of 55 Green Hill Road, applied to the Commission on November 6, 2013, for a Special Exception Permit for a 635 square foot accessory apartment above an existing garage at 55 Green Hill Road;

 

Whereas, the Planning and Zoning Commission opened a hearing on Application #2013-026 for an accessory apartment at 55 Green Hill Road on December 4, 2013.  Said hearing was closed at the conclusion of testimony that same evening;

 

Now Therefore, the Planning and Zoning Commission makes the following findings of fact and decisions regarding the application:

  1. Lynn Fox, Quinnipiack Valley Health Department representative signed off on the back of the application form on October 23, 2013, and also provided a copy of Permit #2143 that was issued to “convert space above garage into a one-bedroom apartment with its own septic system”.
  2. Roderick White, Fire Marshal, signed off on the back of the application form indicating his approval on December 19, 2013.  However, he noted that smoke and carbon monoxide detectors are required.
  3. The Application and Statement of Use dated October 16, 2013 demonstrate that the proposed accessory apartment would contain only 635 square feet of living space, and the Town of Bethany Zoning Regulations allows a maximum of 700 square feet of living space.  It is noted that it is over the garage and will be attached by a breezeway.
  4. The Commission received a letter dated December 4, 2013, from Ronald Walters of the South Central Connecticut Regional Water Authority in which he states that he has no comment.

 

 

 

Now Therefore Be It Resolved, that pursuant to Section 4.4.J. of the Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the application of Jack Ellison for a Special Exception Permit for a 635 square foot accessory apartment (#2013-026) as shown on the floor plan submitted dated October 14, 2013, prepared by the applicant and as per the statement of use dated October 16, 2013;         

 

And with the following conditions:

1)                 The owner of the property shall provide to the Commission an annual affidavit, due prior to occupancy of the apartment and during the month of January each year, to the effect that the property (house and accessory apartment) continues to be in full compliance with Section 4.4J of the Bethany Zoning Regulations.

2)                 Smoke and carbon monoxide detectors and any other code requirements as required by the Fire Marshal.

3)                 A building permit for the accessory apartment must be submitted and approved by the building official prior to any construction.

Vote 5 to 0.

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

Unanimous approval.

 

 

4.      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 – Hearing continued to     January 8, 2014.  Tabled.

 

5.      788 Amity Road, Application #2013-029 submitted by Amity Road LLC for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – Hearing continued to January 8, 2014.  Tabled.

 

6.      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.

 

 

7.      Continue discussion on Village DistrictsTabled.

 

 

8.      Discuss increasing application fees  Tabled.

 

 

 

 

 

 

 

 

OTHER BUSINESS

 

Member Michael Calhoun, representative to the South Central Connecticut Regional Planning Commission, reported on the Town of Seymour proposal to amend the zoning amendment as shown in an email from South Central Connecticut Regional Planning Commission, dated November 7, 2013, Re:  Referral from Town of Seymour on zoning amendment to Multi Family Zoning District with attached comments from South Central Connecticut Regional Planning Commission dated November 18, 2013.  Member Calhoun stated this property abuts Bethany and that there appears to be a good buffer in between the development and Bethany and did not feel there would be any impact on Bethany. 

 

Chair Brinton mentioned to the Commission about acquiring an Attorney who specializes in Land-Use to assist the Commission on the Applications for 4 and 21 Meyers Road.

It was moved by Sullivan and seconded by Amadeo to authorize Chairman Kimberly McClure Brinton to speak to the Board of Selectmen pertaining to the Planning and Zoning Commission acquiring an attorney who specializes in Land Use to assist in the Green Haven application process.

Vote 5 to 0.

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

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 8:47 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning Commission