Tuesday, September 17, 2019


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, SEPTEMBER 4, 2019         Page 1 of 8

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

            Bob Harrison, Vice-Chairman

            Donna Shea, Member/Secretary

            Alex Hutchinson, Member

            Rob White, Member

            Andy Zielinski, Alternate Member

            Judy Silva, Alternate Member

 

The following Commission Members were excused:

            Brad Buchta, Alternate Member

 

Also present were:

            Hiram Peck, Planning Consultant

            Isabel Kearns, Zoning Enforcement Officer

            Land-Use Attorney Barbara Schellenberg

  

 

APPROVAL OF MINUTES              

    

1.      It was moved by Harrison and seconded by Shea to approve the minutes, as amended, of the July 10, 2019, Regular Meeting as follows:

·         Page 1, Under Election of Officers – For each election the term reads “term of July 2019 to June 2021” Change to “term of July 2019 to June 2020”.

·         Page 3, Under New Business, Item #1, Fourth Sentence, reads “Mr. Cavaliere then stated that during discussion with family, it was suggested that we rent” Change to “Mr. Cavaliere then stated that during discussion with family, it was suggested that they rent”.

Hutchinson abstained.

Voting for:  Brinton, Shea, Harrison, White.

Unanimous approval.

 

 

BILLS

 

1.      It was moved by Harrison and seconded by Hutchinson to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for July 2019, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for:  Brinton, Shea, Harrison, Hutchinson, White.

Unanimous approval.

 

 

 

 

 

 

 

2.      It was moved by Harrison and seconded by Hutchinson to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for August 2019, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for:  Brinton, Shea, Harrison, Hutchinson, White.

Unanimous approval.

 

3.      It was moved by Harrison and seconded by Hutchinson to approve the payment of a bill for $125.00, dated for September 4, 2019; from Donna Cahill for recording services for the public hearing (Clifford Drive and 43 and 51 Russell Road).

Voting for:  Brinton, Shea, Harrison, Hutchinson, White.

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1)      Four pages of Certificate of Mailing submitted by James Woodward for Application #2019-008, Re:  Notification to property owners within 500 feet of the proposed activity located at Clifford Drive.

2)      Letter from Attorney Dominick J. Thomas, Jr. of Derby, Connecticut, dated August 23, 2019, Re:  Section 4.2 of the Bethany Zoning Regulations, determine interpretation.

3)      Email from Town Attorney Vincent Marino, dated September 3, 2019, Re:  327 Beacon Road aka Simpson Preserve, Table item, Town still negotiating with attached letter from First Selectman Paula Cofrancesco, dated September 3, 2019, Re:  Requesting       Section 8-24 Review for 327 Beacon Road, Simpson Preserve

4)      Letter from Isabel Kearns, ZEO, to Stephen Wampler of 54 Rainbow Road, dated  August 27, 2019, Re:  Notice of Violation, illegal home occupation business located at   54 Rainbow Road.

5)      Letter from Isabel Kearns, ZEO, to Arpan Patel, owner of 241 Fairwood Road, dated  July 18, 2019, Re:  Notice of Violation, Discarded debris located near the road located at    241 Fairwood Road.

6)      Letter from Isabel Kearns, ZEO, to Arpan Patel, owner of 241 Fairwood Road, dated August 30, 2019, Re:  241 Fairwood Road, Debris has been discarded, case closed.

 

 

PUBLICATIONS AND WORKSHOPS

 

1.      Connecticut Federation of Planning and Zoning Agencies, Quarterly Newsletter, Summer 2019.

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC HEARING

 

·         Clifford Drive (new road construction off Mesa Drive), Application #2019-008 submitted by James W. Woodward for a Special Exception Permit for rock crushing and screening

 

At 7:17 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 was Alan Shepard, P.E. of Nowakowski- O’Bymachow- Kane, Associates, representing the applicant, James W. Woodward. 

Some items noted by Mr. Shepard were:

o   This is a previously approved subdivision and we knew there was a large amount of rock on the property.

o   The proposed project will be of minimum disturbance.

o   The project should take approximately 2 weeks.

o   The hours of operation will be Monday through Friday, 8:00 a.m. to 5:00 p.m. with no weekends.

 

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

A.    Exhibit 1A – Four pages of Certificate of Mailing submitted by James Woodward for Application #2019-008, Re:  Notification to property owners within 500 feet of the proposed activity located at Clifford Drive.

 

Chair Brinton asked if there were any members of the public who would like to speak in favor or in opposition of the application.  No one from the public spoke.

 

Isabel Kearns, ZEO, stated she received a call today from Todd Green of 64 Mesa Drive, who stated he wanted the project completed quickly.

 

At 7:23 p.m., it was moved by Hutchinson and seconded by Harrison to close the public hearing on the subject application.

Voting for:  Brinton, Shea, Harrison, Hutchinson, White.

Unanimous approval.                                                                                                                                                                

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC HEARING

 

·         43 and 51 Russell Road, Application #2019-010 submitted by Bill and Wendy Grieger for a Special Exception Permit for outside storage of port-o-lets and heavy equipment for snow plowing.

 

At 7:24 p.m., Chair Brinton called the public hearing to order.   Roll call was taken.  Chair Brinton read the legal notice for the public hearing that was published in the New Haven Register and then reviewed the contents of the application file.

 

Present to speak on behalf of this application were Bill and Wendy Grieger, applicants and owners of record.

 

Some items noted by the Grieger’s were:

o   Will be storing port-o-lets and plowing equipment.

o   Port-o-lets are brand new and there is never any liquid in them.  Storing for a company located in Bethany.

o   There is a natural buffer for screening and you cannot see the port-o-lets from the road.

 

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 1A – Letter from John Laudano, Quinnipiack Valley Health District Representative, dated May 22, 2019, Re:  Comments on review of 55 Russell Road, Marinko property.

 

Chair Brinton asked if there were any members of the public who would like to speak in favor of the application.  No one from the public spoke.

 

Chair Brinton asked if there were any members of the public who would like to speak in opposition of the application.  The following public members spoke:

·         Robert Marinko of 55 Russell Road.

·         Gale Ventimiglia of 55 Russell Road.

·         Laurie Marinko of 21 Pole Hill Road.

 

Hiram Peck, Planning Consultant, stated that the screening is important and that the Planning and Zoning Commission should schedule a site visit.

 

Also, Mr. Peck suggested that the local business, that the Grieger’s are storing the port-o-lets for, submit a letter for the record of how they are operating their business.

 

 

 

 

 

 

 

 

 

It was moved by Harrison and seconded by Shea that the Commission schedule a special meeting/site visit for Wednesday, September 18, 2019, at 6:00 p.m.  Commission members to meet at the subject site. 

 

At 8:03 p.m., it was moved by Harrison and seconded by Shea to continue the public hearing on the subject application to the next regular meeting scheduled for Wednesday, October 2, 2019, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road.

Voting for:  Brinton, Shea, Harrison, Hutchinson, White.

Unanimous approval.                                                                                                                                                               

 

 

NEW BUSINESS

 

1.      Discussion with Attorney Dominick Thomas and Attorney Barbara Schellenberg regarding interpretation of Section 4.2 of the Zoning Regulations

 

Present for this discussion were Attorney Dominick Thomas and Attorney Barbara Schellenberg.

 

Attorney Thomas submitted a letter to the Planning and Zoning Commission, dated      August 23. 2019, in regard to the interpretation of Section 4.2 of the Bethany Zoning Regulations – Outside Storage.  Attorney Thomas reviewed his letter with the Commission.

 

Attorney Schellenberg then discussed Section 4.2 of the Bethany Zoning Regulations – Outside Storage and suggested the Commission decide whether it wants a more strict regulation. 

 

Chairman Brinton stated the Commission needs to review Section 4.2 when revising the Zoning Regulations.

 

 

OLD BUSINESS

 

1)      CGS Section 8-24 Review for the proposed acquisition of property located at 327 Beacon Road, also known as the Simpson Preserve

 

The Commission received an email from Town Attorney Vincent Marino, dated     September 3, 2019, Re:  327 Beacon Road aka Simpson Preserve, Table item, Town still negotiating with attached letter from First Selectman Paula Cofrancesco, dated September 3, 2019, Re:  Requesting Section 8-24 Review for 327 Beacon Road, Simpson Preserve

 

It was moved by Harrison and seconded by Shea to table this item until the next regular meeting scheduled for Wednesday, October 2, 2019.  Tabled.

 

 

 

 

 

 

 

2)      Clifford Drive (new road construction off Mesa Drive), Application #2019-008 submitted by James W. Woodward for a Special Exception Permit for rock crushing and screening

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.

 

It was moved by Harrison and seconded by Shea to approve the following resolution for Application #2019-008:

 

Whereas, James Woodward applied on June 5, 2019, to the Bethany Planning and Zoning Commission for a Special Exception Permit for rock crushing and screening located at Clifford Drive off Mesa Drive;

 

Whereas, the Commission held a public hearing on July 10, 2019, on this application (#2019-008);

 

Whereas, the Commission closed the public hearing at the conclusion of testimony on September 4, 2019;

 

Whereas, the Commission, at its regular meeting of September 4, 2019, considered the plans, testimony and other pertinent application information associated with this rock crushing and screening operation located at Clifford Estates off Mesa Drive;

 

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

 

1)                  Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on June 28, 2019, and stated no deviation from location on April 22, 2019, Nowakowski- O’Bymachow- Kane, Associates plan.

2)                  Rod White, Fire Marshal, signed off on the back of the application form on     June 3, 2019, indicating his approval.

3)                  The Commission received a letter from Alan Shepard, P.E. to Mr. James Woodward dated May 9, 2019, in which he states, 1) We recommend the crushing of the rock on site to generate the gravel material that will be used for the road and drainage pipe back-fill material required for the road construction.  2) It is estimated that 4,000 yards of material will be needed.  Crushing and keeping the native material, to be used, on site will reduce the overall amount of truck traffic.  Removal of the boulder rock and delivery of the required roadbed material will require more truck traffic.

4)                  The property is not located in a public water supply watershed area.

 

 

 

 

 

 

 

 

 

 

Now Therefore Be It Resolved, that pursuant to Section 8 of the Bethany Zoning Regulations, amended to December 1, 2017, the Bethany Planning and Zoning Commission approves the Special Exception Permit for rock crushing and screening located at Clifford Drive off Mesa Drive, as presented in the application and in association with the testimony given, and in accordance with the submitted plan entitled, “Proposed Temporary Crusher Location”, dated April 22, 2019, revised to May 29, 2019, prepared the Nowakowski-O’Bymachow-Kane, Associates, Shelton, Connecticut:

                                          

And with the following conditions:

1)                A water truck shall be on site at all times and shall be used frequently.

2)                Rock crushing and screening shall be limited to four weeks from start.

Vote 5 to 0.

Voting for:  Brinton, Shea, Harrison, Hutchinson, White.

Unanimous Approval.

 

 

3)      43 and 51 Russell Road, Application #2019-010 submitted by Bill and Wendy Grieger for a Special Exception Permit for Outside Storage of Port-o-lets

The public hearing is continued to the next regular meeting on Wednesday, October 2, 2019.  Tabled.

 

 

4)      Continue discussion regarding draft Zoning Regulations – Schedule a Special Meeting -

Hiram Peck, Planning Consultant, emailed the Final Draft dated August 2019.  Mr. Peck recommended Commission members review and he can make any changes for next meeting on October 2, 2019.  Tabled.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT

Isabel Kearns, ZEO, submitted the following:

·         Building Permits, dated August 6, 2019 to August 30, 2019.

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Harrison         and seconded by Hutchinson to adjourn the regular meeting at 8:26 p.m.

Voting for:  Brinton, Shea, Harrison, Hutchinson, White.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission