Monday, February 9, 2015


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JANUARY 7, 2015                                                Page 1 of 9

The regular meeting of the 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

            Michael Sullivan, Vice Chairman

            Michael Calhoun, Member

            Donna Shea, Member

            Bradford Buchta, Alternate Member

            James Gugliotti, Alternate Member, seated as a voting member

            Eric McDonald, Alternate Member

 

The following Commission Member was absent:

            Douglas Goldner, Member

 

Also present were:

            Hiram Peck, Planning Consultant

            Isabel Kearns, Zoning Enforcement Officer

            Kevin McSherry, Town Counsel

 

 

 

APPROVAL OF MINUTES

            

1.      It was moved by Sullivan and seconded by Calhoun to approve the minutes of the   December 3, 2014, Regular Meeting with the following amendments:

·         Page 2, Under Zoning Enforcement Officers Report and Appropriate Commission Action, 33 Old Amity Road – Reads “Has concrete business I spoke with QVHD engineered has not produced what is needed should have next week”, Change to “Has concrete business and I spoke with QVHD and the applicant’s engineer has not produced what is needed should have next week.”

·         Page 4, Under 90 Pole Hill Road, Third paragraph, Third Sentence – Reads “Ms. Unger then continued with a review of the packet submitted dated”, Change to “Ms. Unger then continued with a review of the packet submitted dated November 3, 2014”.

·         Page 4, Last Paragraph – Reads “Julia Shiang of 204 Falls Road”, Change to “Judith Shlang of 204 Falls Road”.

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

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 December 2014, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

2.      It was moved by Calhoun and seconded by Sullivan to approve the payment of $105.00 for recording services rendered at the public hearings held on December 3, 2014, (Proposed amendments and 90 Pole Hill Road) by Anne Sohon.

      Voting were:  Brinton, Sullivan, Calhoun, Shea, Gugliotti.

      Unanimous approval.

 

3.      It was moved by Sullivan and seconded by Calhoun to approve the payment of $105.00 for recording services rendered at the public hearings held on January 7, 2015, (90 Pole Hill Road and 378 Bethmour Road) by John McLeod.

      Voting were:  Brinton, Sullivan, Calhoun, Shea, Gugliotti.

      Unanimous approval.

 

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from Isabel Kearns, ZEO, to Mark D’Andrea of 860 Carrington Road, dated   December 11, 2014, Re:  Release of Notice of Cease & Desist Order dated July 1, 2013.

2.      Copy of Legal Notice from Town of Beacon Falls, published December 11 and 15, 2014, Re:  Modification to site plan for property located at Skokorat Road, known as Chatfield Farms.

3.      Email from Eugene Livshits of South Central Regional Council of Governments, dated December 4, 2014, Re:  Town of Woodbridge, Plan of Conservation and Development Update.

 

 

 

PUBLICATIONS AND WORKSHOPS

 

1.      Regional Planning Commission’s Annual Dinner, Thursday, January 8, 2015.

2.      The Connecticut Landscape Architect, Fall 2014.

 

 

 

 

 

 

 

 

ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

 

Isabel Kearns, ZEO, reported on the following:

  • Letter regarding Chatfield Farms modification to site plan in correspondence, submitted December 8, 2014, will not have an effect on Bethany.
  • 33 Old Amity Road – Cease and Desist for outside storage and non-permitted business operation.  Waiting for response from State of CT.  Property owner has been in contact with Town Attorney Kevin McSherry.
  • 770 Amity Road (Lock, Stock & Barrel) – Archway placed over sign encroaching in the State right-of-way.  Will wait a month to send letter to property owner.
  • Amity 63 Shopping Center – Will be sending letter regarding flashing lights in windows of convenience store.
  • Submitted report on building permits for December, 2014.
  • 63 Sargent Drive – Discussed landscaping buffer not being completed due to drainage easement as stated by property owner.  The Commission would like the ZEO to send letter to property owner requesting landscaping buffer be planted.
  • Hiram Peck, Planning Consultant, submitted email dated December 20, 2014, Re:  Recommended Budget Numbers to re-write Zoning Regulations.  The ZEO needs Commission’s vote to add to the budget.  The Commission discussed and then took the following action:

o   It was moved by Gugliotti and seconded by Sullivan to accept and support the proposal of Hiram Peck, Planning Consultant, to amend the Zoning Regulations to include a regulation on Low Impact Development to coordinate with MS4 requirements for $1,000.00.

            Voting were:  Brinton, Sullivan, Calhoun, Shea, Gugliotti.

            Unanimous approval.

o   It was moved by Calhoun and seconded by Gugliotti to accept and support the proposal of Hiram Peck, Planning Consultant, to increase his month based fee to $1,200.00 based upon the same 10 hour per month average.

            Voting were:  Brinton, Sullivan, Calhoun, Shea, Gugliotti.

            Unanimous approval.

o   It was moved by Sullivan and seconded by Gugliotti to accept and support the proposal of Hiram Peck, Planning Consultant, for the expenditure of $21,000.00 for the overall rewriting of the Zoning Regulations, in conjunction with Hiram Peck’s proposal submitted to the Zoning Enforcement Officer.

                  Voting were:  Brinton, Sullivan, Calhoun, Shea, Gugliotti.

                  Unanimous approval.

 

 

 

 

 

 

 

PUBLIC HEARING

 

·         90 Pole Hill Road, Application #2014-035 submitted by Bethany Community Garden Committee for a Site Plan Approval to locate the Community Garden and for a C.G.S. Section 8-24 Review for the Community Garden

 

At 7:31 p.m., Chair Brinton called to order the continuation of the public hearing and read the notice for the continuation of the public hearing.  Roll call was taken.

 

Isabel Kearns, Zoning Enforcement Officer, stated that the Inland Wetlands Commission has not acted on the application for 90 Pole Hill Road to date.

 

The applicant submitted consent to extension of time for 35 days to continue the public hearing, dated January 6, 2015.  It was moved by Sullivan and seconded by Gugliotti to grant the continuation of the public hearing to the next regular meeting on February 4, 2015.

Unanimous approval.

 

 

·         378 Bethmour Road, Application #2014-038 and Application #2014-039 submitted by Donald Parrott for a Special Exception for one rear lot and a Two-lot Resubdivision, waiver request for the provision of open space and waiver request for water source for fire protection

 

At 7:36 p.m., Chair Brinton called to order the public hearing and read the legal notice for the public hearing on the subject applications.  Chair Brinton then reviewed the contents of the application files.

 

Present to speak on behalf of this application was John Paul Garcia, L.S./P.E. representing the applicant.  Mr. Garcia noted the following:

·         Requesting entire previous record, which was approved on 7/2/14 and modified on 10/1/14,

be incorporated into this public hearing record.

·         Missed the date to file the mylar on previous approval.

·         Would also request waiver of fees but are willing to pay for the legal notice and public hearing recording fees.

 

Commission members discussed briefly with Town Attorney.

 

At 7:55 p.m., it was moved by Sullivan and seconded by Calhoun to close the public hearing on the subject application.

Unanimous approval.

 

 

NEW BUSINESS

 

No new business.

 

OLD BUSINESS

 

1.      742 Amity Road, Application #2014-031 submitted by Grant Barone for a Site Plan Modification and additional outdoor dining on a limited basis

 

The Zoning Enforcement Officer stated that Quinnipiack Valley Health District has not approved the application to date.

 

The applicant submitted consent to extension of time, dated January 5, 2015, for 35 days to act on subject application.

 

Further discussion was deferred until the Commission’s next regular meeting on Wednesday, February 4, 2015.  Tabled.

 

 

2.      Proposed amendments to the following Sections of the Zoning Regulations:

a.      Section 1.1 – General Rules; Section 1.2 – Definitions; Section 3.4 – Schedule of Height, Area & Yard Requirements; Section 4 – Residential Zones, Uses and Regulations – Various Subsections; Add New Section 5.2.B.9. – Public Assembly and add Appendix 10 – Digital Mapping Data Submission Requirements.  

      Proposed amendments to the Subdivision Regulations:

b.      Under Section 11 – General Regulations - Section 11.5b)2) and Section 11.5c)3) and add Appendix B – Digital Mapping Data Submission Requirements.

 

Public hearing closed on December 3, 2014.

 

Hiram Peck, Planning Consultant, submitted a revised draft and Commission members reviewed.

 

Discussion took place regarding the following:

·         Discussed requests from Bethany Volunteer Fire Department in a letter submitted January 7, 2015, from Michael Katzmark, Water Source Officer.

·         Discussed clear marking of house numbers which should become a Town ordinance.

·         Discussed bonding regarding construction of roads, drainage and fire suppression systems.

·         More revisions were made to draft which Hiram will revise and submit for the next regular meeting on February 4, 2015.

Tabled.

 

 

3.      90 Pole Hill Road, Application #2014-035 submitted by Bethany Community Garden Committee for a Site Plan approval to locate the Community Garden on the Southside of park  Public hearing continued to the next regular meeting scheduled on February 4, 2015.  Tabled.

 

4.      378 Bethmour Road, Application #2014-038 submitted by Donald Parrott for a Special Exception for one rear lot -

It was moved by Calhoun and seconded by Shea to approve the following resolution for Application 2014-038:

 

Whereas, Donald Parrott and Lisa Miles, owners of the property, applied to the Bethany Planning and Zoning Commission for a Special Exception Rear Lot (#2014-038) to be held together with a Two-lot Resubdivision (#2014-039) for property located at 378 Bethmour Road on December 3, 2014;

 

Whereas, Donald Parrott authorized John Paul Garcia to act on his behalf in a letter to the Planning and Zoning Commission dated December 31, 2014;

 

Whereas, the Commission opened the public hearing for the Special Exception Rear Lot and the Two-lot Resubdivision of 378 Bethmour Road on January 7, 2015, and closed it at the conclusion of testimony that same evening;

 

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

1)                  The parcel consists of 5.635 acres and is located in the R-65 Zone.

2)                  The parcel is not located in a public water supply watershed area.

3)                  The Planning and Zoning Commission received a letter dated June 25, 2014, from Lynn fox and Leslie Balch of Quinnipiack Valley Health District stating that both lots contain existing dwellings with existing private subsurface sewage disposal systems. Detected soil conditions in areas designated for eventual replacement of each subsurface sewage disposal system indicate that the minimum requirements of the appropriate sections of the Connecticut Public Health Code were observed.

4)                  The Planning and Zoning Commission received a letter dated June 27, 2014, from the Inland Wetlands Commission in which they state the activity will have no adverse impact on any wetlands or watercourses; therefore, no Inland Wetlands permit is required.

5)                  Roderick White, Fire Marshal, signed off on the back of the application form on    June 24, 2014 indicating his approval.

 

Now Therefore Be It Resolved, that pursuant to the Subdivision Regulations of the Town of Bethany (Section 10) effective to July 16, 2007, and the Zoning Regulations of the Town of Bethany (Section 4.4H), effective to August 15, 2014, Application #2014-038 for a Special Exception Rear Lot which is approved (in conjunction with the Two-Lot Resubdivision of        378 Bethmour Road), as shown on the following plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:

a)      “Resubdivision Map”, dated April 8, 2014, revised to June 10, 2014, Drawing        No. C-1.

b)      “Site Development Plan”, dated April 8, 2014, revised to June 10, 2014, Drawing No. C-2.

 Voting were:  Brinton, Sullivan, Calhoun, Shea, Gugliotti.

 Unanimous approval.

 

5.      378 Bethmour Road, Application #2014-039 submitted by Donald Parrott for a Two-lot Resubdivision, waiver request for the provision of open space and waiver request for water source for fire protection

 

It was moved by Calhoun and seconded by Shea to approve the following resolution for Application 2014-039:

 

Requested Waivers:

 

1)      Waiver of Open Space.  The application reflects that a waiver of open space has been requested under Section 11.4 of the Town of Bethany Subdivision Regulations.  As the property is already developed, there is no opportunity to obtain any open space.  The Conservation Commission submitted a letter which was received on June 20, 2014 in which he states that they have no objection to its approval, including a waiver of the open space. The request for a waiver of open space is hereby granted.

2)      Waiver of Fire Suppression Water Source:  The application reflects that a waiver of the fire suppression water source has been requested under Section 11.5 of the Town of Bethany Zoning Regulations. 

 

Whereas, Donald Parrott and Lisa Miles, owners of the property, applied to the Bethany Planning and Zoning Commission on December 3, 2014, for a Two-lot Resubdivision of         378 Bethmour Road (#2014-039) to be held in conjunction with a Special Exception Rear Lot (#2014-038);

 

Whereas, Donald Parrott authorized John Paul Garcia to act on his behalf in a letter to the Planning & Zoning Commission dated December 31, 2014;

 

Whereas, the Commission opened the public hearing for this Two-lot Resubdivision and the Special Exception Rear Lot of 378 Bethmour Road on January 7, 2015, and closed it at the conclusion of testimony that same evening;

 

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

 

1)      The parcel consists of 5.635 acres and is located in the R-65 Zone.

2)      The parcel is not located in a public water supply watershed area.

3)      The Planning and Zoning Commission received a letter dated June 25, 2014 from Lynn fox and Leslie Balch of Quinnipiack Valley Health District stating that both lots contain existing dwellings with existing private subsurface sewage disposal systems. Detected soil conditions in areas designated for eventual replacement of each subsurface sewage disposal system indicate that the minimum requirements of the appropriate sections of the Connecticut Public Health Code were observed.

4)      The Planning and Zoning Commission received a letter dated June 27, 2014, from the Inland Wetlands Commission in which they state the activity will have no adverse impact on any wetlands or watercourses; therefore, no Inland Wetlands Permit is required.

5)      Roderick White, Fire Marshal, signed off on the back of the application on June 24, 2014 indicating his approval.

6)      The Planning and Zoning Commission received an undated letter which was submitted on June 20, 2014, from Bruce Loomis, Chair of the Conservation Commission, in which he states that they have no objection to its approval, including a waiver of the open space.

 

Now Therefore Be It Resolved, that pursuant to the Subdivision Regulations of the Town of Bethany, effective July 16, 2007, Application #2014-039 for a Two-Lot Resubdivision of 378 Bethmour Road which is located in the R-65 Zone, is approved, as shown on the following plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:

a)      “Resubdivision Map”, dated April 8, 2014, revised to June 10, 2014, Drawing        No. C-1.

b)      “Site Development Plan”, dated April 8, 2014, revised to June 10, 2014, Drawing No. C-2.

 

And with the following modifications:

1)     The following sentence to be added to the mylar, “The driveway construction not be required prior to the filing of the mylar unless or until Lot 2 transfers to a new owner and there is some arrangement in place with the present owner of Lot 1 that the new owner can continue to use the same driveway”.

2)     All iron pins shall be placed as shown on the resubdivision plan prior to the filing of a mylar.

 Voting were:  Brinton, Sullivan, Calhoun, Shea, Gugliotti.

 Unanimous approval.

 

 

Waiver of Fees for two applications for 378 Bethmour Road

Commission discussed waiving the fees with the exception of the public hearing legal notice cost and recording service for the public hearing cost.  The ZEO will compute and report back at next meeting in February.

It was moved by Sullivan and seconded by Gugliotti to table the discussion on the waiver of fees on Application #2014-038 and #2014-039.  Unanimous approval.

 

 

6.      Discussion regarding directional signage – The ZEO stated the current Zoning Regulations do not allow for directional signage.  The State does not have a problem with the sign as long as not placed in State right-of-way.  The Commission is considering revising this in the Zoning Regulations.

 

 

7.      Discussion regarding the rewriting of the current Zoning Regulations – See Correspondence section.  Tabled.

 

 

  

 

8.      50 Hunters Trail (Sun Gold Stables), Discussion regarding second equine business operating from the property -

 

The ZEO stated the two businesses are operating from the same property and this is not permitted under the current Zoning Regulations.  The ZEO will send a letter to the property owner regarding this violation and report back to the Commission at the next regular meeting in February.  Tabled.

 

 

9.      Continue discussion on Village Districts – Hiram Peck mentioned this can be discussed in the re-writing of the Zoning Regulations.

 

 

10.  Executive Session – Matters in litigation  Tabled.

 

 

11.  Executive Session – Personnel mattersTabled.

 

 

 

There being no further business to come before the Commission, it was moved by Calhoun and seconded by Gugliotti to adjourn the regular meeting at 9:20 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk
For the Planning & Zoning Comm.