Wednesday, October 3, 2018


BOARD OF SELECTMEN         

AUGUST 13, 2018

Page 1 of 2

DRAFT

Attendance:  First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Clark Hurlburt

Visitors:  Roderick White, Nancy McCarthy, Fran Doba, Attorney Kevin McSherry

APPROVAL OF MINUTES

First Selectwoman Derrylyn Gorski called for a motion of approval for the minutes of the meeting of July 23, 2018.  The motion of approval was moved by Selectman Hurlburt and seconded by Selectman Shea.  Selectman Shea then corrected a spelling error.  The minutes were then accepted on a unanimous vote. 

WAIVE BID FOR OIL TANK REPLACEMENT BETHANY TOWN HALL

Roderick White was present to explain to the Selectmen the process he has taken for the replacement of the underground oil tank and alternative arrangements that could be used for Town Hall.  The tank presently being used is a 2000 gallon underground tank put in about 1989.   After getting quotes from five companies it was determined that it would be better to put in six 400 gallon tanks in the old coal bin area in the basement of Town Hall.    To do this would require asbestos abatement in this area.  The best quote of $17,500 was received from Tuxis-Ohr, who is our present oil supplier.  The asbestos abatement would cost $2,500 for a total of $25,000 for complete installation.  Quotes received for tank removal of the underground tank, to be done in the future, were approximately $5,000.  The oil left in the underground tank would be used before removal is considered.  Following discussion Selectman Shea moved a motion to award the bid for tank installation to Tuxis-Ohr.  Selectman Hurlburt seconded the motion.  The vote taken was unanimous.       

ADDITION TO THE AGENDA

Selectman Hurlburt moved a motion to add Cemetery Deeds and Tax Deferral to the agenda of this meeting.  Selectman Shea seconded the motion.  The vote taken was unanimous. 

CEMETERY DEEDS

Cemetery deeds for Robert Marinko and Chris deKonkoly Thege were signed by the Selectmen and witnessed by Nancy McCarthy, Town Clerk.

STORM DEBRIS

First Selectwoman Gorski gave an update on progress for storm clean-up.  About three quarters of the Town has been cleaned up.  The second phase will begin in about a week.  We are within budget at this time. 

TAX REFUNDS

Selectman Clark Hurlburt moved a motion to refund up to the sum of $3,262.02 for overpayment of taxes to the following: ACAR Leasing, LTD $144.65, Arborist & Landscaping $3.91, B & B Transportation, Inc. $61.62, Brian Howard $56.86, Bruce J. Baldino $122.99, Law Office of Charles Oman III $43.06,
Deborah Ellsworth $8.27, Douglas Scully $56.31, Ernest A. Topran $230.51, Frank or Jeana Richo $4.14, Gary Britto, 2nd $30.00, Glen Dulkn $13.65, Honda Lease Trust $227.94, Kathryn M. Shasha 498.97, Leslie Pollack $30.82, Linma & Yucheng Zhan $30.96, Louis Cuomo $31.81, Mark James Valentine $136.02, Mary & Andre Sofair $152.17, Matthew Strewart $10.37, Michael Kranz $447.52, Miles and Kimberly Ahrens $187.12, Patrick & Marjorie Obrien $10.04, Robert Golub 124.73, Robert Marinko Jr. $48.67, Sally Gradowich $21.15, Sean Pesce $384.32, Steven C. Primus $28.49, Teresa Rooney $102.36, Thomas Enders $82.46, Thomas Goodwin $80.16, Toyota Lease Trust $235.32, Willian Stewart $14.65.  Selectman Shea seconded the motion.  The vote taken was unanimous.

TAX DEFERRED TAXES

Deborah Waldman is requesting a deferred taxes on past due interest.  She has been making regular payments on her past due account.  Since her income is limited she is making every effort to bring her account up to date.  Following discussion with Fran Doba, Tax Collector, Selectman Shea moved to approve the deferred taxes for Deborah Waldman.  Selectman Hurlburt seconded the motion.  The vote taken was unanimous. 

OTHER MATTERS PROPER TO COME BEFORE THE MEETING

First Selectwoman Gorski would like to cancel the next meeting of August 27, 2018 of the Board of Selectmen, as she is on vacation.  All Selectmen agreed unless an important matter should come up.

ADJOURNMENT

Adjournment was called at 8:05 p.m. after a motion was moved by Selectman Hurlburt and seconded by Selectman Shea.  The motion passed with a unanimous vote.

 

                                                                                                Respectfully submitted,

 

                                                                                                June G. Riley

                                                                                                Secretary, Board of Selectmen

 

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION SPECIAL MEETING OF MONDAY, SEPTEMBER 17, 2018                                       Page 1 of 4

 

The special meeting of the Inland Wetland 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:

         Kristine Sullivan, Chairman

         Roger Hathaway, Member

         Charles Clark, Alternate Member, seated as a voting member for Brian Smith

 

The following members of the Commission were absent:

         Brian Smith, Vice-Chairman

         Rob Huxley, Member

         Nancy Scanlon, Member

 

 

NEW BUSINESS 

 

1)      63 DOWNS ROAD, Application #1314 submitted by Roger and Mary Ellen Simon for an IW Permit for the replacement of the bridge across the spillway

 

The Commission formally received the application.  Present to speak on behalf of this application were Roger and Mary Ellen Simon, applicants and owners of record.

 

Some items noted in discussion were:

·         Applicants had permit for bridge replacement approved on July 16, 2012, which IW Permit #1187 has expired.

·         This application is the same as Application #1187.

·         The Commission would like to conduct a site visit so new members can visit the site and will schedule at the end of the meeting. 

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, October 22, 2018.  Tabled.

 

 

OLD BUSINESS

 

1)      68 HOPP BROOK ROAD, Application #1309 submitted by the Adam Lieder for an IW Permit to stabilize bank, plant grass and deck

 

Present to speak on behalf of this application was Adam Lieder, applicant.

 

Some Commission members visited the site.  Chair Sullivan requested the application be reviewed by the Commission’s Consulting Engineer, Diversified Technology Consultants, due to the steep sloping and pipe installed which feeds into Hopp Brook.

 

 

 

 

 

 

 

Mr. Lieder explained the situation with the drainage and said the pipe was temporary.

 

Commission members will wait for review comments from DTC.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, October 22, 2018.  Tabled.

 

2)      64 SCHAFFER ROAD, Application #1310 submitted by the Todd Whitman for an IW Permit to locate a shed on crushed stone

 

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

 

The Commission discussed and proceeded to deliberate.  It was moved by Clark and seconded by Hathaway to approve Application #1310 submitted by Todd Whitman for an Inland Wetlands Permit to locate a shed on crushed stone located at 64 Schaffer Road as presented in the application, testimony and in accordance with the submitted plan, untitled, submission date of August 6, 2018, prepared by the applicant. Also, this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and Page 803.

 

This approval is based on the fact that if the shed is located as shown on the approved site plan, there should be minimal or no adverse impact to the onsite wetlands.

Vote 3 to 0.

Voting for:  Sullivan, Hathaway, Clark.

Unanimous approval.

 

3)      28 DEERFIELD LANE, Application #1312 submitted by the Ed and Aileen Magda for an IW Permit to construct a family room addition and front porch

 

Present to speak on behalf of this application were Ed and Aileen Magda, applicants and owners of record.

 

Some items noted in discussion were:

·         There is a foundation for room addition and a basement.

·         Material from basement will be spread on property and seeded.

·         Front porch will be on piers.

·         Received email dated September 6, 2018, from contractor, Rachel Stietzel, regarding footing drains, the installation of silt fence, and placement of material from excavation.

 

The Commission discussed and proceeded to deliberate.  It was moved by Hathaway and seconded by Clark to approve Application #1312 submitted by Ed and Aileen Magda for an Inland Wetlands Permit to construct a family room addition and front porch located at         28 Deerfield Lane as presented in the application, testimony, email from contractor, Rachel Stietzel dated September 6, 2018, and in accordance with the submitted plan entitled, “Plot Plan of Fairwood, Lot 10”, dated June 26, 2018, with hand drawn markings by the applicants, revised to August 16, 2018.

 

 

 

 

Also, this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and Page 803.

 

This approval is based on the fact that if the site plan is followed as shown, there should be minimal or no adverse impact to the onsite wetlands.

Vote 3 to 0.

Voting for:  Sullivan, Hathaway, Clark.

Unanimous approval.

 

 

4)      60 BETHMOUR ROAD, Application #1313 submitted by the Ben and Jodi Uscilla for an IW Permit for a residential site development

 

Present to speak on behalf of this application was Ben Uscilla, applicant.

 

Commission members discussed and proceeded to deliberate.  It was moved by Clark and seconded by Hathaway to approve Application #1313 submitted by Ben and Jodi Uscilla for an Inland Wetlands Permit for a residential site development located at 60 Bethmour Road as presented in the application, testimony and in accordance with the following submitted plans prepared by Nowakowski, O’Bymachow, Kane, Associates, Shelton, Connecticut entitled:

a.       “Overall site Plan & Soil Erosion Control Plan – Lot 1 Amber Fields”, dated August 15, 2018, revised to August 16, 2018.

b.      “Site Plan- Lot 1 – Amber Fields”, dated August 15, 2018, revised to    August 16, 2018.

 

In addition, this permit is subject to the following condition including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:

a)      The applicant shall install Inland Wetlands Conservation Area Signs at 50-foot intervals along the wetlands buffer to the back of the property and field located with the Inland Wetlands Enforcement Officer.

 

This approval is based on the fact that if the site plan is followed as shown, there should be minimal or no adverse impact to the onsite and adjoining wetlands.

Vote 3 to 0.

Voting for:  Sullivan, Hathaway, Clark.

Unanimous approval.

 

 

APPROVAL OF MINUTES

 

1)      It was moved by Hathaway and seconded by Clark to approve, as amended, the minutes of the August 20, 2018, Special Meeting.

Voting for:  Sullivan, Hathaway, Clark.

Unanimous approval.

 

 

 

 

 

 

CORRESPONDENCE

 

1)      Letter from Connecticut Association of Conservation and Inland Wetlands Commissions, Inc., dated September 10, 2018, Re:  41st Annual Meeting and Environmental Conference, Saturday, November 17, 2018.  Members will email clerk if available to attend.

 

 

SCHEDULE SITE VISIT

The Commission scheduled a site visit for Saturday, October 6, 2018.  Members to meet at the site for 8:30 a.m.  Site to be visited is as follows:

·         63 Downs Road

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Clark and seconded by Hathaway to adjourn the special meeting at 8:05 p.m.

Voting for:  Sullivan, Hathaway, Clark.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For Inland Wetlands Commission

 

APPROVED MINUTES OF THE BETHANY CONSERVATION COMMISSION, JULY 12, 2018

 

 

Chair Bruce Loomis called the meeting to order at 8:07pm. Present in addition to Bruce Loomis were Matthew Popp, Cathy Rives and Patricia Winer. Absent were Brian Eitzer and Shaukat Khan. Matthew was appointed to vote in place of Brian.

 

Minutes: Bruce moved to accept the minutes of May 10. Patsy seconded. Patsy suggested changing the word “objective” in two instances in the second paragraph to “initiative.” All voted in favor of approving the minutes so corrected.

 

Bills and Correspondence: The only correspondence was the Spring-Summer issue of “Habitat.”

 

Conservation Awards by the Bethany Community School: Winners were Rose Megyola and Kayla Derisse.

 

Discussion of Sustainable CT initiatives was tabled.

 

Open Space Appendices: Commission members checked an updated set of Open Space Appendices against the old published plan and verified additions and deletions. Further work will be done on this on a continuing basis.

 

Cathy moved to adjourn the meeting at 9:07, and Matt seconded. All voted in favor.

 

 

Respectfully submitted,

Patricia Winer, Secretary Pro Tempore

Bethany Conservation Commission

August 9, 2018

Approved Minutes

 

  1. The meeting was called to order at 8:13 by Bruce Loomis.  Also in attendance were Brian Eitzer and Patsy Winer. Absent were Shaukat Khan, Cathy Rives and Matthew Popp.
  2. The minutes of the previous meeting were not reviewed due to a lack of people who were present at the meeting.
  3. There were no bills.  The correspondence consisted of issues of “The Habitat”; a thank you note from Rose Megyola (a Bethany Community School Conservation Award winner); a letter asking us to join the Connecticut Land Conservation Council; a letter about an upcoming sale of a Regional Water Authority property on Downs Road; and a Copy of the May/June Connecticut Wildlife.
  4. Bruce updated us on the 2017-2018 budget in which we exceeded our budget by $ 90.72.  This amount will be moved into this year’s budget.
  5. The remainder of the meeting was spent working on the Bethany Open Space Inventory.
  6. Bruce moved to adjourn at 10:00 and Brian seconded.

 

Respectfully submitted,

 

Brian Eitzer

Secretary pro-tempore

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, SEPTEMBER 5, 2018           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, Chair

            Michael Calhoun, Vice-Chair

            Donna Shea, Member/Secretary

            Bob Harrison, Member

            Eric McDonald, Alternate Member, seated as a voting member

 

The following Commission Members were absent:

            Alex Hutchinson, Member

Brad Buchta, Alternate Member

Carol Lambiase, 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 Harrison to approve the minutes of the      July 11, 2018, Regular Meeting with the following amendment:

·         Page 7, last paragraph – Reads “The Commission recommended Mr. Hubbard inventory what’s on the property and in the meantime try to clean up the property and then make an application for the next regular meeting.” Change to “The Commission recommended Mr. Hubbard inventory what’s on the property and in the meantime clean up the property and then make an application for the next regular meeting.”

Voting for:  Brinton, Calhoun, Harrison, Shea, McDonald.

      Unanimous approval.

 

BILLS

 

1.      It was moved by Harrison and seconded by Shea to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for August 2018, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for:  Brinton, Calhoun, Harrison, Shea, McDonald.

Unanimous approval.

2.      It was moved by Calhoun and seconded by Shea to approve the payment of a bill for $125.00, dated for September 5, 2018; from Donna Cahill for recording services for the public hearings (44 Tuttle Court).

Voting for:  Brinton, Calhoun, Harrison, Shea, McDonald.

Unanimous approval.

 

 

 

 

 

GENERAL CORRESPONDENCE

 

1)      Memo from Hiram Peck, Planning Consultant, dated August 18, 2018, Re:  Revised application submission policy DRAFT.

 

Isabel Kearns, ZEO, will give application submission policy to applicants to get application material in on time as stated in following policy:

 

APPLICATION SUBMISSION POLICY

 

Regarding submission of application materials for matters to be reviewed and considered by the Commission:

1. All application materials, including all maps, plans and supporting documentation are to be submitted a minimum of 1 week before the PZC meeting at which they will be discussed in order to be properly reviewed prior to the PZC meeting.

2. All materials are to be submitted in the original format (size and document) and in electronic format and are to be emailed to PZC members at least 5 days prior to the PZC meeting at which the application is to be discussed. All materials are also to be emailed at the same time to any outside reviewers, such as Health District, Town Engineer, Town Attorney and Town Planning Consultant as applicable for the application.

3. If all application material is not submitted at least 1 week in advance of the meeting, then the Commission may not take action until the following PZC meeting.

4. The only exception to this policy is for requests for informal pre-application discussions with the Commission under CGS Sec. 7-159b. Such requests may be placed on the agenda on Monday of a Wednesday meeting.

5. All revised agendas shall be emailed to the Commission no later than Monday prior to a Wednesday meeting.

 

It was moved by Calhoun and seconded by Shea to approve the new policy in regard to application submission as stated in a memo from Hiram Peck, Planning Consultant, dated August 18, 2018, shown above.

Voting for:  Brinton, Calhoun, Harrison, Shea, McDonald.

Unanimous approval.

 

2)      Letter from Isabel Kearns, ZEO, to Akbar Dar of 23 Tollgate Road, dated July 12, 2018, Re:  Notice of Violation, accessory apartment, 23 Tollgate Road.

3)      Letter from Isabel Kearns, ZEO, to Mike Patel of 6 Sargent Drive, dated July 27, 2018, Re:  Notice of Violation, Signs, 6 Sargent Drive.

4)      Letter from Isabel Kearns, ZEO, to Mike Patel of 6 Sargent Drive, dated August 22, 2018, Re:  Notice of Violation, Signs, 6 Sargent Drive.

5)      Letter from Isabel Kearns, ZEO, to Mike Patel of 6 Sargent Drive, dated August 30, 2018, Re:  Notice of Violation, removal of some signs.

 

 

 

 

 

 

 

 

 

PUBLICATIONS

 

1.      Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Summer 2018.

 

PUBLIC HEARING

 

·         44 Tuttle Court, Application #2018-008 submitted by William and Frances DeMaio for a Special Exception Permit for an accessory apartment

 

At 7:20 p.m., Chair Brinton called the public hearing continuation to order.   Roll call was taken.  Chair Brinton read the notice for the public hearing continuation.

 

Present to speak on behalf of this application were William and Frances DeMaio, applicants and owners of record.  Mrs. DeMaio briefly reviewed the proposal.

 

Isabel Kearns, ZEO, stated that the Quinnipiack Valley Health District has given their approval, Permit #2536 on July 31, 2018.  The Commission kept the public hearing open for this approval by Quinnipiack Valley Health District.

 

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

 

At 7:26 p.m., it was moved by Calhoun and seconded by Harrison to close the public hearing on the subject application.

Voting for:  Brinton, Calhoun, Harrison, Shea, McDonald.

Unanimous approval.                                                                                                                                                                

 

 

NEW BUSINESS

 

1)      285 Sperry Road, Application #2018-020 submitted by Dennis and Susan Marsh for a Home Occupation Permit to sell eggs and goat milk soaps and a Sign Permit

 

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

 

Commission members reviewed the application.  It was noted by the ZEO that the applicants are asking for a waiver of the fees.  The Commission discussed and did not agree on the waiver of fees.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Wednesday, October 3, 2018.  Tabled.

 

 

 

 

 

 

 

 

2)      58 Old Amity Road, Application #2018-021 submitted by Green Haven for a Special Exception Permit to allow rock crushing and screening

 

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

 

Isabel Kearns, ZEO, recommended the Commission schedule a public hearing.  It was moved by Harrison and seconded by Shea to make a motion to schedule a public hearing date of October 3, 2018, at 7:15 p.m. for Application #2018-021 submitted by Green Haven for a Special Exception Permit to allow rock crushing and screening located at 58 Old Amity Road.

Voting for:  Brinton, Calhoun, Harrison, Shea, McDonald.

Unanimous approval.

 

 

3)      51 Fairwood Road, Application #2018-022 submitted by Deborah and Eric Demander for a Site Plan approval to construct two new barns -

 

The Commission formally received the application.  Present to speak on behalf of this application were Deborah and Eric Demander, applicants.

 

The Demander’s noted in discussion:

·         Would like to construct a 48-foot by 80-foot barn and rebuild the barn that was destroyed by the tornado in May 2018.

·         Would like to build before winter.

·         Did not get approval from Quinnipiack Valley Health District at this time.

 

It was moved by Calhoun and seconded by Harrison to authorize Isabel Kearns, ZEO, to review and approve Application #2018-022 submitted by Deborah and Eric Demander for a Site Plan Approval to construct a 48-foot by 80-foot barn and to re-build the barn that the tornado destroyed in May 2018, which is 24-foot by 48-foot with a 20-foot by 16-foot addition located at 51 Fairwood Road, when the applicants receive approval from Quinnipiack Valley Health District.

Vote 5 to 0.

Voting for:  Brinton, Calhoun, Harrison, Shea, McDonald.

Unanimous approval.

 

 

OLD BUSINESS

 

1)      Mesa Drive, Application #2018-003 submitted by James W. Woodward, Jr., for a Three-lot Subdivision

 

Public hearing was closed on July 11, 2018.   Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.

 

 

 

 

 

 

It was moved by Calhoun and seconded by Harrison to approve the following resolution for Application #2018-003:

 

Whereas, James W. Woodward, Jr. applied to the Planning and Zoning Commission for a   3-Lot Subdivision of 46 Mesa Drive on April 4, 2018;

 

Whereas, the Planning and Zoning Commission opened a public hearing on this application on May 2, 2018, and said hearing was recessed two times to June 6, 2018 and July 11, 2018.  The hearing was closed at the conclusion of testimony on July 11, 2018;

 

The Planning and Zoning Commission conducted two field inspections on May 23, 2018, and on June 6, 2018, so as to clearly understand the drainage and fire suppression issues associated with this development;

 

Whereas, the Planning and Zoning Commission at its regular meeting also held     September 5, 2018, considered the maps, testimony, and other pertinent application information relating to a request for a 3-Lot Subdivision of 46 Mesa Drive;

 

In addition the application, maps, and plans and drainage calculations were sent to the Commissions consulting engineer for review of drainage and site plan matters;

 

In addition coordination with the Bethany Fire Department (Water Supply Officer) was conducted as well to insure the proposed fire suppression tank is properly designed, and located so as to be effective in fighting fires in this area;

 

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

 

1)      The application materials were sent to the South Central Regional Council of Governments Staff due to the proximity of the application to the Beacon Falls Town line. The Commission received email correspondence dated May 1, 2018, from Eugene Livshits, South Central Regional Council of Governments staff planner in which he offered the following comments:  “SCRCOG will not have any comments pertaining to the Subdivision Application.  The application was reviewed internally by SCRCOG staff and it was determined that a review by the Regional Planning Commission is not required for the application.” 

2)      The Commission received a copy of Inland Wetlands Permit #1299 for a three-lot subdivision, known as Silsby Estates,  approved on January 22, 2018.

3)      The Commission received a letter dated January 12, 2018, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District in which they state that they detected soil conditions in the area designated for individual subsurface sewage disposal systems which indicated that the minimum requirements of the applicable sections of the State of Connecticut Public Health Code were met and observed for all three proposed lots.

 

 

 

 

 

 

 

 

Now Therefore Be It Resolved, that pursuant to the Subdivision Regulations of the Town of Bethany, effective February 27, 2015, Application #2018-003, submitted by James W. Woodward, for a 3-Lot Subdivision of 46 Mesa Drive, , is approved, as shown on the following plans prepared by Nowakowski, O’Bymachow, Kane, Associates, Shelton, Connecticut:

A.     “Record Subdivision Map prepared for Silsby Estates”, dated July 18, 2017, revised to February 20, 2018.

B.     “Overall Site Plan prepared for Silsby Estates”, dated July 18, 2017, revised to February 20, 2018.

C.     “Septic Proposal for Lot 1 Silsby Estates, dated July 18, 2017, revised to  February 20, 2018.

D.    “Soil and Erosion Control Plan prepared for Silsby Estates, dated July 18, 2017, revised to December 8, 2017.

E.     “Soil Test Data Sheet prepared for Silsby Estates”, dated July 18, 2017, revised to December 8, 2017;

 

And with the following modification:

  1. The water source for fire protection on either subdivision, Clifford Estates and Silsby Estates, owned by the same individual, James W. Woodward, shall be installed to the standards of the Bethany Volunteer Fire Department Water Resource Officer prior to any vertical construction on any lot from either subdivision.

Vote 5 to 0.

Voting for:  Brinton, Calhoun, Harrison, Shea, McDonald.

Unanimous approval.

 

 

 

2)      44 Tuttle Court, Application #2018-008 submitted by William and Frances DeMaio for a Special Exception Permit for an Accessory Apartment – Public hearing closed September 5, 2018.  Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.

 

It was moved by Calhoun and seconded by McDonald to approve the following resolution for Application ##2018-008:

 

Whereas, William and Fran DeMaio, owner of 44 Tuttle Court, applied to the Planning and Zoning Commission on May 2, 2018, for a Special Exception Permit for a 697.6 square foot accessory apartment to be located above the attached garage at property known as 44 Tuttle Court;

 

Whereas, the Planning and Zoning Commission opened a public hearing on Application #2018-008 for a Special Exception Permit for an accessory apartment located at 44 Tuttle Court on June 6, 2018.  The public hearing was continued to July 11, and September 5, 2018;

 

 

 

 

 

 

 

 

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

  1. Ryan Currier, Quinnipiack Valley Health District Representative, issued Permit #2536 on July 31, 2018, for an additional bedroom on the second floor.  The house is now approved for five bedrooms.
  2. Roderick White, Fire Marshal, signed off on the back of the application form indicating his approval on May 1, 2018.
  3. Cindy Gaudino, Representative of the Connecticut Water Company, sent an email dated April 26, 2018, in which she states she has no comment.
  4. The application and Statement of Use dated April 2, 2018, demonstrate that the proposed accessory apartment would contain only 697.6 square feet of living space, and the Town of Bethany Zoning Regulations allows a maximum of 700 square feet of living space.

 

Now Therefore Be It Resolved, that pursuant to Section 4.4.J. of the Bethany Zoning Regulations, amended to December 1, 2017, the Bethany Planning and Zoning Commission approves the application of William and Fran DeMaio for a Special Exception Permit for a 697.6 square foot accessory apartment (#2018-008) as shown on the floor plan that was received on April 5, 2018, by William and Fran DeMaio and as per the statement of use dated April 2, 2018;          

 

And with the following conditions:

1)                 The owner of the property shall file a copy of the permit on the land records in the Town of Bethany.

2)                 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 accessory apartment continues to be in full compliance with Section 4.4.J. of the Bethany Zoning Regulations.

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, Calhoun, Harrison, Shea, McDonald.

Unanimous approval

 

3)      Discussion with Dr. Gale Ridge of the Bethany “Environment” Committee regarding Wind Study at Airport and “Sustainable CT”Tabled.

 

4)      Continue discussion regarding Accessory Apartments and other Zoning Regulations including Attainable Housing Regulation -  Tabled.

It was moved by Harrison and seconded by McDonald to schedule a public hearing date of November 7, 2018, at 7:15 p.m. on the draft 2018 Amendment to the Plan of Conservation and Development, Bethany Center Village District.

Voting for:  Brinton, Calhoun, Harrison, Shea, McDonald.

Unanimous approval.

 

 

 

 

 

 

 

 

It was moved by Calhoun and seconded by Harrison to schedule a Special Meeting on Wednesday, October 17, 2018, at 7 p.m. to review and discuss the Zoning Regulations.

Voting for:  Brinton, Calhoun, Harrison, Shea, McDonald.

Unanimous approval.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT

Isabel Kearns, ZEO, submitted the following:

·         Building Permits, dated August 1 through August 31, 2018.

·         Site Inspections dated August 14 through August 30, 2018.

 

Also, the ZEO briefly reported on the following properties:

·         40 Johnson Road – John Hubbard will contact ZEO when ready.

·         720 Amity Road – Lighting.

·         6 Sargent Drive – Signs

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Calhoun and seconded by McDonald to adjourn the regular meeting at 8:05 p.m.

Voting for:  Brinton, Calhoun, Harrison, Shea, McDonald.

Unanimous approval.

 

 

 Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission