Tuesday, March 1, 2016


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING ON WEDNESDAY, FEBRUARY 3, 2016                                       Page 1 of 13

The regular meeting of the Planning and Zoning Commission was called to order at 7:03 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

            Douglas Goldner, Member

            Michael Calhoun, Member

            Donna Shea, Member

            Bradford Buchta, Alternate Member

            Carol Lambiase, Alternate Member

            Eric McDonald, Alternate Member

 

Also present were:

             Hiram Peck, Planning Consultant

             Isabel Kearns, Zoning Enforcement Officer

             Kevin McSherry, Town Attorney  

 

 

APPROVAL OF MINUTES

            

1.      It was moved by Calhoun and seconded by Shea to approve the minutes of the January 6, 2016, Regular Meeting, with the following amendments:

·         Page 5, Fifth Paragraph, Third Sentence – Reads “Mr. Loomis mentioned that the Conservation Commission will work with the applicant, will fully support the fee in lieu of open space and will discuss the open space on other piece of land.” Change to “Mr. Loomis stated that he supported the Fee in Lieu provision of the subdivision regulations but that he did not support it with regard to this particular application as proposed.  Also, Mr. Loomis stated that the open space also had to include the adjacent parcel and the Conservation Commission would work with the applicant on the issue of open space.”

·         Page 6, Second Paragraph – Reads “Chair Brinton stated she is property owner on Old Amity Road will not be prejudice towards these application.”  Change to “Chair Brinton stated she is a property owner on Old Amity Road and will not be prejudice towards these applications.”

Sullivan and Goldner abstained.

Voting for:  Brinton, Calhoun, Shea.

Unanimous approval.

 

2.      It was moved by Calhoun and seconded by Shea to approve, as submitted, the minutes of the January 20, 2016, Special Meeting.

Sullivan and Goldner abstained.

Voting for:  Brinton, Calhoun, Shea.

Unanimous approval.

 

 

BILLS

 

1.      It was moved by Sullivan and seconded by Calhoun to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for January 2016, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

2.      It was moved by Calhoun and seconded by Sullivan to approve the payment of a bill for $105.00, dated February 3, 2016, from Anne Sohon for recording services for the public hearings (48 Mesa Drive, 33 Old Amity Road, 304 Wooding Hill Road, 50 Hunters Trail).

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

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from Ronald Walters, Regional Water Authority, dated January 12, 2016, Re:  Comments on review of 50 Hunters Trail, horse boarding stables.

2.      Email from Dave Nafis, Town Engineer, dated January 6, 2016, Re:  Comments on driveway runoff for 304 Wooding Hill Road.

3.      Certification of Soil Erosion and Sedimentation Control Plan for 304 Wooding Hill Road, prepared by Isabel Kearns, ZEO, dated December 31, 2015.

4.      Memo from Quinnipiack Valley Health District, dated January 13, 2016, Re:  Comments on review of application for 304 Wooding Hill Road.

5.      Letter from Alan Shepard, P.E., dated January 12, 2016, Re:  Response to Davis Nafis, Town Engineer, letter dated December 2, 2016, for Clifford Drive Estates, Woodward Subdivision.

6.      Letter from Alan Shepard, P.E., dated January 18, 2016, to Isabel Kearns, ZEO, Re:  Response to ZEO letter dated October 9, 2016, Clifford Drive Estates, Woodward Subdivision.

7.      Two pages entitled “Subdivision Bond Estimate” dated January 14, 2016, for Clifford Drive Estates, 48 Mesa Drive.

8.      Copies entitled “Grant of Conservation Restriction, Clifford Drive Estates”, for Lot 2, Lot 3, and Lot 5, prepared by Nowakowski, O’Bymachow, Kane.

9.      Copies entitled “Right to Drain and Slope Easement, Fire Tank Easement”, for Lot 5 Clifford Drive Estates; “Right to Drain and Slope Easement”, Other Land of James W. Woodward; and “Grant of Conservation Restriction”, Other Land of James W. Woodward, prepared by Nowakowski, O’Bymachow, Kane.

10.  Email from Bruce Loomis, Chairman of the Conservation Commission, dated January 28, 2016, Re:  Comments from meeting with applicant for 48 Mesa Drive, Clifford Drive Estates, with attached Agreement to Transfer Open Space.

11.  Email from Dave Nafis, Town Engineer, dated January 27, 2016, Re:  Comments have been addressed on Woodward application, Clifford Drive Estates.

12.  Certification of Soil Erosion and Sedimentation Control Plan for 48 Mesa Drive, prepared by Isabel Kearns, ZEO, dated January 29, 2016.

 

13.  Letter from Alan Shepard, P.E., dated February 2, 2016, Re:  Response to ZEO letter dated   January 29, 2016, Clifford Drive Estates.

14.  Copies from Aquatek Labs, Woodbridge, CT, for property located at 33 Old Amity Road, the following reports:

a)      Extractable Total Petroleum Hydrocarbons-Analysis Report, dated January 8, 2016.

b)      Metals Analysis Report, dated January 8, 2016.

c)      Semi-Volatile Organic Compounds-Analysis Report, dated January 8, 2016.

d)     SPLP Metals Analysis Report, dated January 14, 2016.

15.  Email from Dave Nafis, Town Engineer, dated February 1, 2016, Re:  Comments on           33 Old Amity Road have been addressed.

16.  Certification of Soil Erosion and Sedimentation Control Plan for 33 Old Amity Road, prepared by Isabel Kearns, ZEO, dated February 1, 2016.

17.  Memo from Isabel Kearns, ZEO, dated February 1, 2016, Re:  Comments on review of revised plans for 33 Old Amity Road.

18.  Copy of Inland Wetlands Permit #1257 for 33 Old Amity Road, to change size of proposed building, approved January 25, 2016.

19.  Email from Walter Sawicki, dated January 29, 2016, Re:  771 and 775 Litchfield Turnpike property split proposal – not going forward at this time.

20.     Copy of letter from Town Attorney Kevin McSherry to EMG Properties dated January 26, 2016, Re:  Violations on property located at 429, 437 and 443 Fairwood Road.

21.  Copy of letter from Town Attorney Kevin McSherry to EMG Properties dated January 26, 2016, Re:  Violations on property located at 63 Sargent Drive.

22.  Copy of letter from Isabel Kearns, ZEO, dated January 8, 2016, to Mr. Mrs. Michael Patel, Re:  Release of Violation Notice on 6 Sargent Drive, landscaping plantings.

23.  Copy of letter from Isabel Kearns, ZEO, dated January 26, 2016, to Mr. Mrs. Michael Patel, Re:  Notice of Violations pertaining to landscaping plantings has been released.

24.  Copy of letter from Isabel Kearns, ZEO, dated January 20, 2016, to Mr. Daniel Levine,     Re:  Notice of Violation located at 43 Luke Hill Road.

 

PUBLICATIONS AND WORKSHOPS

 

1)      Connecticut Federation of Planning and Zoning Agencies, Quarterly Newsletter, Winter 2016.

2)      Connecticut Federation of Planning and Zoning Agencies, 68th Annual Conference, Thursday, March 17, 2016.

 

 

 

 

 

 

 

 

 

 

 

PUBLIC HEARINGS

 

·         50 Hunters Trail, Application #2015-027 submitted by Luiza DaSilva for a Special Exception Permit for a Boarding Stable (Sun Gold Stables/Shannon Equine)

 

At 7:15 p.m., Chair Brinton called the public hearing to order.   Roll call was taken.              Chair Brinton read the legal notice for the public hearing.  Chair Brinton reviewed the complete application file.

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

A.    Exhibit 1A – Letter from Ronald Walters, Regional Water Authority, dated January 12, 2016, Re:  Comments on review of 50 Hunters Trail, horse boarding stables.

 

Present to speak on behalf of this application was Luiza DaSilva, applicant and property owner.  Ms. DaSilva briefly mentioned she applied to obtain approval for the second business (Shannon Equine) that is operated at her property.

 

Isabel Kearns, ZEO, stated Ms. DaSilva previously amended the Zoning Regulations to allow two horse businesses and she is here to obtain her approval.

 

Chair Brinton asked if anyone from the public would like to speak in favor of the application or against the application.  The following public member spoke:

·         Judith Smith of 34 Tawney Drive – Spoke in support of this business.

 

At 7:21 p.m., it was moved by Calhoun and seconded by Sullivan to close the public hearing on the subject application.

Unanimous approval.

 

 

·         304 Wooding Hill Road, Application #2015-026 submitted by Barbara Welker-Griggs for a Special Exception Permit for one rear lot

 

At 7:22 p.m., Chair Brinton called the public hearing to order.   Roll call was taken.              Chair Brinton read the notice of continuation for the public 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 – Email from Dave Nafis, Town Engineer, dated January 6, 2016, Re:  Comments on driveway runoff for 304 Wooding Hill Road.

2)      Exhibit 2B – Memo from Quinnipiack Valley Health District, dated January 13, 2016, Re:  Comments on review of application for 304 Wooding Hill Road.

3)      Exhibit 2C - Certification of Soil Erosion and Sedimentation Control Plan for 304 Wooding Hill Road, prepared by Isabel Kearns, ZEO, dated December 31, 2015.

  

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

 

Mr. Garcia stated the reason the public hearing was left open was for comments from the Quinnipiack Valley Health District, which has been submitted (Exhibit 2B).  Also, Mr. Garcia stated he will be revising plan to address the Quinnipiack Valley Health District comments and the Fire Department comments.

 

Isabel Kearns, ZEO, commented on the fact that she is aware that Mr. Welker and others would shoot guns on the property and that she was concerned with possible contamination.

 

At 7:29 p.m., it was moved by Sullivan and seconded by Calhoun to close the public hearing on the subject application.

Unanimous approval.

 

 

2 Applications to be heard together:

·         Application #2015-019 submitted by James Woodward for 5-Lot Subdivision (Clifford Estates) located at 48 Mesa Drive and

·         Application #2015-028 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit -

 

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

A.    Exhibit 2A – Letter from Alan Shepard, P.E., dated January 12, 2016, Re:  Response to Davis Nafis, Town Engineer, letter dated December 2, 2016, for Clifford Drive Estates, Woodward Subdivision.

B.     Exhibit 2B - Letter from Alan Shepard, P.E., dated January 18, 2016, to Isabel Kearns, ZEO, Re:  Response to ZEO letter dated October 9, 2016, Clifford Drive Estates, Woodward Subdivision.

C.     Exhibit 2C - Two pages entitled “Subdivision Bond Estimate” dated January 14, 2016, for Clifford Drive Estates, 48 Mesa Drive.

D.    Exhibit 2D - Copies entitled “Grant of Conservation Restriction, Clifford Drive Estates”, for Lot 2, Lot 3, and Lot 5, prepared by Nowakowski, O’Bymachow, Kane.

E.     Exhibit 2E - Copies entitled “Right to Drain and Slope Easement, Fire Tank Easement”, for Lot 5 Clifford Drive Estates; “Right to Drain and Slope Easement”, Other Land of James W. Woodward; and “Grant of Conservation Restriction”, Other Land of James W. Woodward, prepared by Nowakowski, O’Bymachow, Kane.

 

 

 

F.      Exhibit 2F - Email from Bruce Loomis, Chairman of the Conservation Commission, dated January 28, 2016, Re:  Comments from meeting with applicant for 48 Mesa Drive, Clifford Drive Estates, with attached Agreement to Transfer Open Space.

G.    Exhibit 2G - Email from Dave Nafis, Town Engineer, dated January 27, 2016, Re:  Comments have been addressed on Woodward application, Clifford Drive Estates.

H.    Exhibit 2H - Certification of Soil Erosion and Sedimentation Control Plan for 48 Mesa Drive, prepared by Isabel Kearns, ZEO, dated January 29, 2016.

I.       Exhibit 2I - Letter from Alan Shepard, P.E., dated February 2, 2016, Re:  Response to ZEO letter dated   January 29, 2016, Clifford Drive Estates.

J.       Exhibit 2J – Letter from Michael Katzmark, Water Source Officer, Bethany Volunteer Fire Department, dated February 3, 2016, Re:  Comments on review of revised plans for 48 Mesa Drive.

K.    Exhibit 2K – Map entitled, “Open Space Dedication Map”, dated January 26, 2016, with no revisions, prepared by Nowakowski, O’Bymachow & Kane.

 

Present to speak on behalf of the applications were the following:

·         Attorney William Stevens, Partner with Attorney Paul Jessell of Slavin, Stauffacher & Scott, Watertown, CT.

·         Alan Shepard, P.E., and partner with the firm Nowakowski, O’Bymachow and Kane, Shelton, CT, representing the owner of record, Mr. James W. Woodward, Jr. who was also present.

 

First to speak was Attorney Stevens.  In discussion, Attorney Stevens addressed that the applicant will be giving the Town of Bethany approximately 36 acres of land for open space.

 

Next to speak was Alan Shepard, P.E.  Mr. Shepard reviewed his letter submitted (Exhibit 1I) dated February 2, 2016, Re:  Response to ZEO letter dated January 29, 2016.  Mr. Shepard has submitted revised plans dated to January 15, 2016, and also submitted “Open Space Dedication Map” (Exhibit 2K).

 

Michael Katzmark, Water Source Officer, Bethany Volunteer Fire Department, submitted a letter (Exhibit 2J) dated February 3, 2016, Re:  Comments on review of revised plans for 48 Mesa Drive. 

 

Town Attorney Kevin McSherry stated in regard to the open space the Town of Bethany would like to obtain the land now, Land Trust would hold the land, this would satisfy the amount of open space and an agreement needs to be prepared.

 

Mr. Shepard stated there will be no screening or crushing on jobsite.  Also, Mr. Shepard stated any blasting is State of Connecticut regulated.

 

Bruce Loomis, Chairman of the Conservation Commission stated that the Conservation Commission did meet with the applicant and are pleased with the amount of land being offered.  Also, he stated the Conservation Commission has not reviewed the open space map or walked the property at this time. 

 

Chair Brinton asked if anyone from the public would like to speak in favor of the application or against the application. 

 

The following individual spoke: 

·         Todd Green of 64 Mesa Drive.

 

Hiram Peck, Planning Consultant, recommended the Commission close the public hearing and receive the following information at the next meeting:

·         Information from Conservation Commission to finalize the open space map.

·         Final wording on conservation easement documents from the applicant’s attorney to be submitted to the Town attorney for review.

·         Information from the Land Trust in regard to the agreement on the open space.

 

Mr. Katzmark stated the location of the water tank needs to be finalized and a completed submittal package as required must be provided to the Fire Department.

 

At 8:23 p.m., it was moved by Sullivan and seconded by Calhoun to close the public hearing on the subject applications.

Unanimous approval.

 

 

Chair Brinton called a recess at 8:25 p.m. 

 

 

PUBLIC HEARING

Four applications to be heard together:

·         33 Old Amity Road, Application #2015-020 submitted by Wayne Zirolli for Two New Use permits – Concrete Business and Sale of Earth Materials and Cement

·         33 Old Amity Road, Application #2015-021 submitted by Wayne Zirolli for Site Development Plan/Commercial Development and a 6’ by 4’ freestanding sign

·         33 Old Amity Road, Application #2015-022 submitted by Wayne Zirolli for Special Exception for Outside Storage of earth materials for sale and forms

·         33 Old Amity Road, Application #2015-023 submitted by Wayne Zirolli for Special Exception for Earth Removal, Excavation, Filling, Stockpiling and Grading

 

At 8:32 p.m., Chair Brinton called the public hearing to order.   Roll call was taken.              Chair Brinton read the notice of continuation for the public hearing. 

 

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

A.    Exhibit 2A – Copies from Aquatek Labs, Woodbridge, CT, for property located at 33 Old Amity Road, the following reports:

·         Extractable Total Petroleum Hydrocarbons-Analysis Report, dated January 8, 2016.

 

·         Metals Analysis Report, dated January 8, 2016.

·         Semi-Volatile Organic Compounds-Analysis Report, dated January 8, 2016.

·         SPLP Metals Analysis Report, dated January 14, 2016.

B.     Exhibit 2B - Email from Dave Nafis, Town Engineer, dated February 1, 2016, Re:  Comments on 33 Old Amity Road have been addressed.

C.     Exhibit 2C - Certification of Soil Erosion and Sedimentation Control Plan for 33 Old Amity Road, prepared by Isabel Kearns, ZEO, dated February 1, 2016.

D.    Exhibit 2D - Memo from Isabel Kearns, ZEO, dated February 1, 2016, Re:  Comments on review of revised plans for 33 Old Amity Road.

E.     Exhibit 2E - Copy of Inland Wetlands Permit #1257 for 33 Old Amity Road, to change size of proposed building, approved January 25, 2016.

F.      Exhibit 2F - Submitted by Mr. Zirolli, three pages of photographs of concrete fencing.

 

Present to speak on behalf of these applications was Wayne Zirolli, P.E./L.S., representing the property owner Manuel Preta, who was also present.

 

Some items mentioned by Mr. Zirolli were:

·         Revised plans submitted dated to January 12, 2016. 

·         Reviewed letter from ZEO dated February 1, 2016.  

·         Concrete fencing.

·         Reviewed landscaping

·         Discussed signage.

·         No washing of the forms on site. 

 

Chair Brinton asked if anyone from the public would like to speak in favor of the application or against the application.

 

The following individual spoke: 

·         Richard Wilber of Oxford, CT.

 

The Commission has concerns with the screening of the property and the fence located on the Route 63 side.  The Commission would like to visit the property. 

 

Mr. Zirolli will revise plans so Commission members will have for the site visit.

 

The Commission scheduled a site visit for Saturday, February 20, 2016, at 8:00 a.m.  Commission members will meet at the site.

 

Michael Katzmark, Water Source Officer, Bethany Volunteer Fire Department, stated the applicant needs to show an emergency access and he has not approved application at this time.

 

 

 

 

 

 

Mr. Zirolli submitted a letter of consent to extension of 30 days to continue the public hearing.

 

At 9:25 p.m. it was moved by Sullivan and seconded by Calhoun to recess the public hearing and continue it to the next regular meeting on March 2, 2016, in the Commission Meeting Room of the Bethany Town Hall.

Unanimous approval.

 

 

OLD BUSINESS

 

1.      50 Hunters Trail, Application #2015-027 submitted by Luiza DaSilva for a Special Exception Permit for a Boarding Stable (Sun Gold Stables/Shannon Equine) – Public hearing was closed.  Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.  It was moved Calhoun and seconded by Sullivan to approve the following resolution for Application #2015-027:

 

Whereas, Luiza DaSilva, owner of 50 Hunters Trail, applied on December 2, 2015, for a Special Exception Permit to allow a second business, Shannon Equine, which is owned by Luiza DaSilva’s horse trainer, to operate at 50 Hunters Trail;

 

Whereas, the Commission opened a public hearing on this application on February 3, 2016, and closed the public hearing at the conclusion of testimony that same evening;

 

Whereas, the Commission at its regular meeting also held on February 3       , 2016, considered the  testimony and other pertinent application information relating to a request for a Special Exception Permit to allow a second business, Shannon Equine, which is owned by Luiza DaSilva’s horse trainer, to operate at 50 Hunters Trail;

 

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

1)                  Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on January 6, 2016, indicating her approval.  She noted that the septic system areas are to be protected from horses.

2)                  The Commission received a letter dated January 12, 2016, from Ronald Walters, South Central Connecticut Regional Water Authority representative, in which he offered best management practices for garbage and refuse and sanitation of watersheds.

3)                  Rod White, Fire Marshal, signed off on the back of the application form on January 28, 2016 indicating his approval.

 

Now Therefore Be It Resolved, that pursuant to Section 4.4.E. of the Zoning Regulations of the Town of Bethany Zoning Regulations, effective to October 30, 2015, the Commission hereby approves Application #2015-027 from Luiza DaSilva for a Special Exception Permit to allow a second business, Shannon Equine, which is owned by Luiza DaSilva’s horse trainer, to operate at 50 Hunters Trail.

 

 

 

 

 

 

And with the following conditions:

1)      The septic system area is to be protected from horses per Quinnipiack Valley Health Department’s comments pertaining to this application.

2)      All manure shall be placed in a covered dumpster which shall be located at least 100 feet from all property lines.

Vote 5 to 0.

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

Unanimous approval.

 

 

2.      304 Wooding Hill Road, Application #2015-026 submitted by Barbara Welker-Griggs for a Special Exception Permit for One Rear Lot – – Public hearing was closed.  Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.  It was moved by Sullivan and seconded by Shea to approve the following resolution for Application #2015-026:

 

Whereas, Barbara Welker, owner of the property, authorized John Paul Garcia, P.E. to act on her behalf in a letter to the Planning and Zoning Commission dated December 1, 2015;

 

Whereas, John Paul Garcia, P.E., agent, applied to the Bethany Planning and Zoning Commission for a Special Exception Permit for one Rear Lot (#2015-026) at property located at 304 Wooding Hill Road on December 2, 2015;

 

Whereas, the Commission opened the public hearing for the Special Exception Permit for one Rear Lot at 304 Wooding Hill Road on January 6, 2016, and recessed it until February 3, 2016.  The hearing was closed 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 mylar for the lot-line revision shall be filed on the land records at the same time as this Special Exception Permit.

2)                  The subject parcel consists of 15.93 acres and is located in the R-130 Zone.

3)                  On November 14, 1983, the Zoning Board of Appeals granted a “width variance of the required 25-foot access way to permit an additional dwelling”.

4)                  The Zoning Regulations in place on November 14, 1983, allowed two homes on one property.

5)                  The Zoning Regulations were subsequently changed, allowing only one home on each property.

6)                  The existing home is currently a rear lot will retain 4.632 acres which meets the minimum requirements for a rear lot in the R-130 Zone.

7)                  The new Parcel B will consist of 11.300 acres and also meets the requirements for a rear lot in the R-130 Zone.

 

 

 

 

8)                  The Planning and Zoning Commission received a letter dated January 13, 2016, from Lynn Fox and Leslie Balch of the Quinnipiack Valley Health District in which they state:  Parcel A:  that soil conditions in areas designated for eventual replacement of that subsurface sewage disposal system indicate that the minimum requirements of the appropriate sections of the CT Public Health Code were observed; Parcel B: soil conditions in areas designated for an individual subsurface sewage disposal system indicates that the minimum requirements of the appropriate sections of the CT Public Health Code were observed for the newly proposed 4-bedroom house.

9)                  The Planning and Zoning Commission received a letter dated January 6, 2016, from the Inland Wetlands Commission in which they state that the division of property has no impact on the wetlands at this time.  They requested that when the finalized site development plan is prepared, it shall be submitted to the Commission for their review and appropriate action.

10)              The Commission received a letter dated November 27, 2015, from Ronald Walters of the South Central Connecticut Regional Water Authority in which he provides routine comments pertaining to adequate erosion control measures; the use of home heating fuel oil and its storage and also the storage of hazardous materials while under construction.

11)              The Commission received a letter from Michael Katzmark, Water Source Officer for the Bethany Volunteer Fire Department, which was submitted on January 4, 2016 in which he states that the driveway does not meet the Town’s driveway specifications.  It must be 14 feet wide and have a pull off where the driveway splits on the north side.  The driveway must be constructed in accordance with the driveway specifications the Town has adopted.  Also, house number shall be placed at the driveway at the corner of the road, and house numbers shall be placed at the individual driveways so that emergency vehicles entering each lot will be guided to the appropriate address.  Each structure will have a number that is clearly visible from the driveway to aid emergency services in locating the appropriate address.

12)              The Commission received an e-mail dated January 6, 2016 from David Nafis, contracted Town Engineer, in which he states that he doesn’t believe the driveway runoff will be an  issue.  The driveway runoff will leave the paved area and run through a level spreader opposed to running down the driveway to the road.

 

Now Therefore Be It Resolved, that pursuant to the Zoning Regulations of the Town of Bethany (Section 4.4.H,) effective to October 30, 2015, Application #2015-026 for a Special Exception Permit for one Rear Lot for property located at 304 Wooding Hill Road is hereby approved based on the following plans which were prepared by Johan Paul Garcia & Associates, Bethany, Connecticut, entitled as follows:

A.    “Proposed Property Division Plan”, dated October 21, 2015, revised to    December 8, 2015, Drawing No. C-1.

B.     “Proposed Site Plan”, dated October 21, 2015, revised to December 8, 2015, Drawing No. C-2.

C.     “Proposed Site Plan”, dated December 8, 2015, Drawing No. C-3.

D.    “Erosion & Sediment Control Plan and Typical Details”, dated October 21, 2015, revised to December 8, 2015.

 

And with the following modifications:

1)      Prior to construction, the mylar for the lot-line revision must be approved by the ZEO and filed on the land records at the same time as this Special Exception Permit.

2)      Prior to construction, easements for access and maintenance of common driveway shall be submitted and approved by Town Counsel and filed on the land records.

3)      Per a letter from Michael Katzmark, submitted on January 4, 2016, the plans need to be modified and to show the existing driveway to the Parcel A must be cleared on both sides of the driveway so there is 14 feet of clearance and it must also be cleared so that there is 14 feet of clearance in height as well.  The new driveway to Parcel B must be modified to be 14 feet wide and include a pull off where the driveway splits on the north side.  House numbers shall be placed at the driveway at the corner of the road.  Also, house numbers shall be placed at each individual driveway where the driveways split.  House numbers shall be shown in such a way that emergency vehicles entering each lot property will be guided to the given address structure.  Each structure will have a number that is clearly visible from the driveway.

4)      Per a letter from the Inland Wetlands Commission dated January 6, 2016, when the finalized site development plan is prepared, it shall be submitted to the Inland Wetlands Commission for their review and appropriate action.

5)      A bond maybe required prior to certificate of occupancy, if deemed necessary by Town staff for the drainage.

Vote 5 to 0.

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

Unanimous approval.

 

3.      48 Mesa Drive, Application #2015-019 submitted by James Woodward for a five (5) Lot Subdivision – Public hearing closed.  Tabled.

 

4.      48 Mesa Drive, Application #2015-028 submitted by James Woodward for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – Public hearing closed.  Tabled.

 

5.      33 Old Amity Road, Application #2015-020 submitted by Wayne Zirolli for Two New Use permits – Concrete Business and Sale of Earth Materials and Cement – Public hearing adjourned and continued to March 2, 2016.  Tabled.

 

6.      33 Old Amity Road, Application #2015-021 submitted by Wayne Zirolli for Site Development Plan/Commercial Development and a 6’ by 4’ freestanding sign – Public hearing adjourned and continued to March 2, 2016.  Tabled.

 

7.      33 Old Amity Road, Application #2015-022 submitted by Wayne Zirolli for Special Exception for Outside Storage of earth materials for sale and forms – Public hearing adjourned and continued to March 2, 2016.  Tabled.

 

 

 

 

8.      33 Old Amity Road, Application #2015-023 submitted by Wayne Zirolli for Special Exception for Earth Removal, Excavation, Filling, Stockpiling and Grading – Public hearing adjourned and continued to March 2, 2016.  Tabled.

 

9.      Discuss future Land Use Plan (possible insertion in Town Plan of Conservation & Development) Tabled.

 

10.  Discussion regarding the rewriting of the current Zoning RegulationsTabled.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT

 

Isabel Kearns, ZEO, reported on the following properties:

·         33 Deerfield Lane

·         43 Luke Hill Road

·         286 Falls Road

·         429, 437, 443 Fairwood Road and 63 Sargent Drive.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Sullivan and seconded by Calhoun to adjourn the regular meeting at 9:45 p.m.

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

Unanimous approval.

 

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission