Tuesday, October 31, 2017



MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, OCT
The regular meeting of the Inland Wetlands Commission was called to order at       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:
         Kristine Sullivan, Chairman
         Brian Smith, Vice-Chairman
         Roger Hathaway, Member
         Rob Huxley, Member
         Nancy Scanlon, Member
         Charles Clark, Alternate Member
 
The following members of the Commission were excused:
 
 
 
 
 
NEW BUSINESS 
 
  1.  
  2.  
  3.  
     
     
     
PUBLIC HEARING
MESA DRIVE, Application #1293 submitted by James W. Woodward for an IW Permit for a Four-Lot Subdivision
 
At 8:     p.m., Chair Sullivan called to order the public hearing on the subject application.  Chair Sullivan read the legal notice prepared for the public hearing.   Roll call was taken.
During the course of the public hearing Chair Sullivan noted that the Commission has received the following items relative to the subject application.  Exhibit identification was assigned as noted:
  1. Exhibit 1A
  2. Exhibit 1B
  3. Exhibit 1C
  4. Exhibit 1D
  5. Exhibit 1E
 
Commission member’s field inspected the property on
 
 
 
 
 
 
 
 
Present to speak on behalf of this application was Alan Shepard, P.E., of Nowakowski, O’Bymachow & Kane, representing the applicant.
 
 
Chair Breslin asked if anyone from the public would like to speak for the application or against the application.  The following public individuals spoke:
  •  
  •  
 
 
 
In discussion, Commission members noted:
  •  
  •  
  •  
  •  
 
At 8:      p.m., the public hearing was recessed and continued to Monday, November 27, 2017, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall.   Tabled.
 
 
 
OLD BUSINESS
 
  1. 11 Carmel Road, Application #1296 submitted by Brian Smith for an Inland Wetlands Permit to construct a 12-foot by 12-foot addition
 
The Commission received a letter, dated September 27, 2017, from Brian Smith, applicant and owner of record, withdrawing the application.
 
 
 
  1. 16 Falls Road, Application #1296 submitted by James Mank for an Inland Wetlands Permit to construct a 40-foot by 50-foot barn
 
Present for this application was John Paul Garcia, P.E./L.S.
 
 
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, November 27, 2017.  Tabled.
 
 
 
  1. 10 Northrup Road, Application #1297 submitted by Smitish Patel for an Inland Wetlands Permit to Restore Buffer/Upland Review Area
 
Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.
 
The Commission received a letter dated September 26, 2017, from John Paul Garcia, P.E./L.S. asking for a waiver of the fees.
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, November 27, 2017.  Tabled.
 
  1. Mesa Drive, Application #1293 submitted by James W. Woodward for an IW Permit for a 4-Lot Subdivision
 
Public Hearing begins tonight.
 
Tabled.
 
 
 
 
 
 
 
 
  1. 667 Amity Road, Application #1294, submitted by 667 Amity Road, LLC for a Stormwater Management Plan
 
Present to speak on behalf of this application was John Paul Garcia, P.E./L.S.   Mr. Garcia stated the storm water drainage system is installed 100%. 
 
The Commission is waiting for comments from their consulting engineer, Diversified Technology Consultants.
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, October 23 2017.  Tabled.
 
 
  1. 667 Amity Road, Continuation of Show Cause Hearing pertaining to Cease and Desist Order, dated August 7, 2017, issued to Matthew Micros  Tabled.
 
 
 
 
  1. Discussion regarding Lake at Veteran’s Memorial Park – Locations for placement of benches
     
     
     
     
     
     
 
 
 
APPROVAL OF MINUTES
 
  1. It was moved by            and seconded by                  to approve, as submitted, the minutes of the September 25, 2017, Regular Meeting.
    Voting for:  Sullivan, Smith, Scanlon.
    Unanimous approval.
 
 
 
CORRESPONDENCE
 
  1. Letter from Diversified Technology Consultants, dated October 23, 2017, Re:  Mesa Drive, Review comments on revised plans and drainage.
  2. Letter from Diversified Technology Consultants, dated October 23, 2017, Re:  667 Amity Road, Review comments on stormwater management plan.
  3. Letter from Brian Smith of 11 Carmel Road, dated September 27, 2017, Re:  Withdrawing Application #1295 for 11 Carmel Road and requesting refund of application fees.
  4. Letter from South Central Connecticut Regional Water Authority, dated October 10, 2017, Re:  Comments on Application #1296 for 16 Falls Road, barn construction.
  5. Letter from John Paul Garcia, P.E./L.S., dated September 26, 2017, Re:  10 Northrup Road, Waiver of fees for Application #1297 and filing of map.
  6. Letter from Isabel Kearns, IWEO, to Robert Knudsen owner of 629 Bethmour Road, dated September 26, 2017, Re:  629 Bethmour Road, submit sketch showing trees removed and narrative of what plans are for affected area.
  7. Letter and packet from Robert Knudsen owner of 629 Bethmour Road, dated October 11, 2017, Re:  Stop Work Order dated June 20, 2017, for 629 Bethmour Road.
  8. Email from Derrylyn Gorski, dated October 3, 2017, Re:  CT’s Draft Water Plan Needs Your Input.
     
 
PUBLICATIONS
  1. The Habitat, Summer 2017.
  2. Interstate Waters, September 2017.
     
 
OTHER BUSINESS
 
90 Pole Hill Road (Community Garden) – The Commission discussed the need for a gate so that residents will not be able to drive their cars down to the pond.  Chair Sullivan will draft a letter to the First Selectmen and send the draft to Commission members for review.  Also, a copy of final letter will be forwarded to Fire Department.
 
629 Bethmour Road – Robert Knudsen -  Stop Work Order issued June 20, 2017, clear cutting of trees, extent of wetlands, hiring of soil scientist.  Isabel Kearns, IWEO, stated she spoke with Town Attorney regarding this matter and will prepare another letter to              Mr. Knudsen regarding this.  Mr. Knudsen lives in Rhode Island and the Commission asked the IWEO to include in this letter to Mr. Knudsen if there is someone else that he would feel comfortable with meeting us at the subject site.
 
 
 
 
SCHEDULE SITE VISIT
 
The Commission scheduled a site visit for Saturday, October 14, 2017.  Members to meet at the Town Hall at 8:30 a.m.  Sites to be visited are as follows:
  • 16 Falls Road
  • 265 Beacon Road, Bethany West
  • 11 Carmel Road
 
 
ADJOURNMENT
There being no further business to come before the Commission, it was moved by            and seconded by                  to adjourn the regular meeting at       p.m.
Unanimous approval.
 
Respectfully submitted,
 
 
Antonia R. Marek, Clerk
For Inland Wetlands Commission
 
OBER 23, 2017                                              
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MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDN
 
The regular meeting of the Planning and Zoning Commission was called to order at 7:02 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, Chair
            Michael Calhoun, Vice-Chair
            Donna Shea, Member
            Bob Harrison, Member
            Alex Hutchinson, Member
Brad 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 Hutchinson to approve, as amended, the minutes of the September 6, 2017, Special Meeting:
  • Page 1, last paragraph – add this sentence – “There will be a sign off on the application indicating the Conservation Commission has been contacted by the applicant and is in receipt of the plans.
    Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
      Unanimous approval.
 
  1. It was moved by Calhoun and seconded by Harrison to approve, as amended, the minutes of the September 6, 2017, Regular Meeting:
  • Page 4 – First Bullet – Reads “Lived here for 30 years with no problems until Grieger took over building at 63 Sargent Drive”.  Change to “Lived here for 30 years with no problems until Bethany Heavy Equipment took over the building at 63 Sargent Drive”.
    Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
      Unanimous approval.
 
 
BILLS
 
  1. It was moved by Calhoun and seconded by Hutchinson to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for September 2017, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
 
 
GENERAL CORRESPONDENCE
 
  1. Letter from Isabel Kearns, IWEO, to Mr. & Mrs. John Migliaro, Jr. dated September 21, 2017, Re:  375 Bethmour Road, Notice of Violation, complaint about noise, truck traffic and hours of operation.
  2. Letter from Crown Castle to Connecticut Siting Council, dated September 20, 2017, Re:  Notice of Exempt Modification for Sprint 2.5 Rework Crown Site, 719 Amity Road.
 
 
PUBLICATIONS AND WORKSHOPS
 
  1. The Connecticut Landscape Architect, Summer 2017.
 
 
NEW BUSINESS
 
  1. 696  AMITY ROAD-Unit UL-4, Application #2017-013 submitted by Dante Salerno/Matthew Velardi for a Change of Use Permit – Recording Studio
 
The Commission formally received the application.  Present to speak on behalf of this application were Dante Salerno and Matthew Velardi, applicants.
 
Some comments by the applicants were:
  • Will be using a small room for recording within the unit to keep sound contained.
  • Will be installing two inches of carpeting in this room.
  • Recording room is at the furthest point from the other people in the building.
  • Business has not been established yet.
 
Isabel Kearns, ZEO, prepared a draft resolution.  Commission members reviewed and proceeded to deliberate.  It was moved by Calhoun and seconded by Hutchinson to approve the following resolution for Application #2017-013:
 
Whereas, Dante Salerno and Matthew Velardi applied on October 4, 2017 to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate a recording studio from Unit UL-4 located at 696 Amity Road;
 
Whereas, Brian Botti, owner of Unit UL-4 located at 696 Amity Road, authorized Dante Salerno and Matthew Velardi to apply to the Planning and Zoning Commission for the Change of Use Permit in an email dated September 26, 2017;
 
Whereas, the Commission, at its regular meeting of October 4, 2017, 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 recording studio in Unit UL-4 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 Representative, signed off on the back of the application form on October 4, 2017, indicating his approval with comments on QVHD Permit #2400. 
  2. Rod White, Fire Marshal, signed off on the back of the application form on       September 29, 2017, indicating his approval.
  3. The Commission received a letter dated September 28, 2017, from Ronald Walters, Senior Environmental Analyst from the South Central Connecticut Regional Water Authority in which he states he has no comments.
  4. The Commission heard representation by the applicants at the October 4, 2017, meeting pertaining to the sound proofing of the room which will be used for recording.
     
    Now Therefore Be It Resolved that pursuant to Section 5.5.A. of the Bethany Zoning Regulations, amended to October 30, 2015, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate a recording studio in Unit UL-4 located at 696 Amity Road (#2017-013), as presented in the application, statement of use and testimony 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.
Vote 5 to 0.
Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
 
  1. Discussion regarding granny pods (temporary health care structures)
 
Hiram Peck, Planning Consultant, briefly reviewed the Senate Bill No. 922, Public Act 17-155, an act concerning temporary health care structures, which would be an accommodation for elderly relatives on your property.   Mr. Peck stated there are a lot of questions regarding this Public Act and that the Commission can opt out of the provisions of this public act.  He continued to state the Commission would have to have a public hearing, send recommendation to the Board of Selectmen and they must take a vote to opt out also.
 
Kevin McSherry, Town Attorney, stated there are concerns the way the legislation was written and mentioned that relatives would probably rather have their elderly live in their home instead of in a separate building.
 
It was moved by Hutchinson and seconded by Harrison to schedule a public hearing pertaining to the Planning and Zoning Commission opting out of authorization for the installation of temporary health care structures on Wednesday, November 1, 2017, in the Commission Meeting Room of the Bethany Town Hall.
Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
 
  1. 696 Amity Road, Unit B-3, Application #2017-014 submitted by James Butler for a Change of Use Permit to operate a personal training studio
     
    It was moved by Calhoun and seconded by Shea to add to the agenda an application for a Change of Use Permit for a personal training studio submitted by James Butler and to be located at 696 Amity Road, Unit B-3.
Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
 
The Commission formally received the application.  Present to speak on behalf of this application was James Butler, applicant.
 
Some comments by the applicant, James Butler, were:
  • Gym he worked at recently closed and he decided to start his own business with his clientele.
  • There will be no exercise classes.
 
It was moved by Calhoun and seconded by Harrison to allow the Zoning Enforcement Officer to approve the application submitted by James Butler for a Change of Use Permit for a personal training studio to be located at 696 Amity Road, Unit B-3, pending the approval from the Fire Marshal and South Central Connecticut Regional Water Authority.
Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
 
OLD BUSINESS
 
  1. Proposed amendment to Section 7 – Signs and Parking & Loading Regulations – to add Subsection 7.3.1 – Special Exception for lighted signs in the B&I Zone - Public hearing scheduled for December 7, 2016
 
Hiram Peck, Planning Consultant, distributed a sheet on “Restrictive Signage Wording/Examples.
Mr. Peck continued discussion with the Commission on LED signs being controlled by the Town.
 
Kevin McSherry, Town Attorney, mentioned that the Town has a right to regulate its own property and can limit and regulate LED signs on public property.
 
The Commission discussed other local towns and what they are allowing for LED signage.
 
After individual members mentioned their concerns, it was the consensus of the Commission to allow the Town message board and the LED sign for the gas station only.  The Commission was sympathetic to the needs of the businesses in Town as far as LED signage but would like to start out small and can always change in the future.
 
Mr. Peck will clean up the draft regulation and submit back to Commission for review.
 
Also discussed were Local Housing Options and Attainable Housing Overlay.  Tabled.
 
 
  1. Continue discussion regarding accessory apartments -  Tabled.
 
 
  1. Discussion regarding 63 Sargent Drive (vehicle repair facility) -
 
Kevin McSherry, Town Attorney, stated that all information regarding this property will be gathered for court and presented to a judge.  It has come to the attention of Staff that there is activity taking place at this property which is not permitted.  Attorney McSherry stated the ZEO has the right to do an inspection of the site but there is concern with her safety.
Tabled.
 
 
ZONING ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, ZEO, distributed copies of two reports she prepared as follows:
  • Building Permits, October 4, 2017.
  • Site Inspections from September 8, 2017 to October 4, 2017.
 
 
ADJOURNMENT
 
There being no further business to come before the Commission, it was moved by Calhoun and seconded by Hutchinson to adjourn the regular meeting at 9:05 p.m.
Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
 
 Respectfully submitted,
 
 
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
 
 
ESDAY, OCTOBER 4, 2017                                                 Page 1 of 5