MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, OCTOBER 3, 2012                                            Page 1 of 8

The regular meeting of the Planning and Zoning Commission was called to order at 7:04 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Commission Members were present:

Melissa Spear, Chair,

Mary Shurtleff, Vice-Chair

Kimberly McClure Brinton, Member

Michael Calhoun, Member

Donna Shea, Alternate Member, seated as a voting member.



The following Commission Members were absent:

Patricia Winer, Member

Nellie Rabinowitz, Alternate Member



Also present were:

Isabel Kearns, Zoning Enforcement Officer

Hiram Peck, Planning Consultant





APPROVAL OF MINUTES



1. It was moved by Calhoun and seconded by Brinton to approve, as submitted, the minutes of

the September 5, 2012, Regular Meeting.

Voting for: Spear, Shurtleff, McClure, Calhoun, Shea.

Unanimous approval.



2. It was moved by Brinton and seconded by Calhoun to approve, as submitted, the minutes

of the September 13, 2012, Special Meeting.

Voting for: Spear, Shurtleff, McClure, Calhoun, Shea.

Unanimous approval.





BILLS



1) It was moved by Shurtleff and seconded by Shea to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for September 2012, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for: Spear, Shurtleff, McClure, Calhoun, Shea.

Unanimous approval.













GENERAL CORRESPONDENCE



1. Memo from Isabel Kearns, ZEO, dated September 20, 2012, Re: Review comments for 615 Bethmour Road.

2. Letter from Richard Janesky of 1052 Amity Road to Isabel Kearns, ZEO, dated September 25, 2012, Re: Response to letter of violation for 1052 Amity Road.

3. Letter from Elizabeth Doering of 91 Bethway Road, dated September 26, 2012, Re: Information requested for business located at 91 Bethway Road.

4. Letter from Isabel Kearns, ZEO, to Elizabeth Doering of 184 Sperry Road, dated September 6, 2012, Re: Notice of Violation for property located at 91 Bethway Road.

5. Letter from Isabel Kearns, ZEO, to John and William Ciola, dated September 19, 2012, Re: Second Notice of Violation for property located at 5 Amity Road and 10 Round Hill Road.

6. Letter from Isabel Kearns, ZEO, to Elizabeth Doering of 184 Sperry Road, dated September 18, 2012, Re: Notice of Violation for property located at 91 Bethway Road.

7. Letter from Isabel Kearns, ZEO, to Joseph Barnick and David Dimella of 850 Carrington Road, dated September 19, 2012, Re: Notice of Violation for property located at 850 Carrington Road.

8. Letter from Isabel Kearns, ZEO, to Daniel Dinis of 27 Hamilton Drive, dated September 19, 2012, Re: Notice of Violation for property located at 27 Hamilton Drive.

9. Letter from Isabel Kearns, ZEO, to Manuel Preta, dated September 19, 2012, Re: Notice of Violation for property located at 33 Old Amity Road.

10. Letter from Isabel Kearns, ZEO, to Richard Janesky, dated September 24, 2012, Re: Notice of Violation for property located at 1052 Amity Road.

11. Letter from Isabel Kearns, ZEO, to Mark D’Andrea (Aqua Turf Irrigation), dated September 24, 2012, Re: Notice of Violation for property located at 860 Carrington Road.

12. Letter from Isabel Kearns, ZEO, to Garrett Vorio of 415 Fairwood Road, dated September 24, 2012, Re: Notice of Violation for property located at 415 Fairwood Road.

13. Letter from Isabel Kearns, ZEO, to Allyn J. Foss Trust, dated September 24, 2012, Re: Notice of Violation for property located at 93 Lacey Road.

14. Letter from Isabel Kearns, ZEO, to E. Trowbridge and Donna Brennan, dated September 24, 2012, Re: Notice of Violation for property located at 77 Cheshire Road.

15. Letter from Isabel Kearns, ZEO, to Donna Lagaipa of 45 Falls Road, dated September 24, 2012, Re: Second Notice of Violation for property located at 45 Falls Road.

16. Letter for South Central Connecticut Regional Planning Commission, dated September 18, 2012, Re: RPC determination for Town of Prospect: Proposed Zoning Regulation Amendment to Section 3.1: Uses by District.

17. Letter from South Central Connecticut Regional Planning Commission, dated September 18, 2012, Re: RPC determination for Town of Hamden: Proposed Zoning Regulation Amendments to the Town of Hamden Zoning Code.





PUBLICATIONS AND WORKSHOPS



1. Land Use Academy, Advanced Training Session, November 10, 2012, Central Connecticut State University, New Britain, CT.





ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION



Isabel Kearns, ZEO, noted the following:

• All violators have been in contact with me in response to the violation letters sent out.

• 1052 Amity Road – Property owner aware of complaints from neighbors and has been in contact with me to resolve their concerns.





NEW BUSINESS



1) 121 Amity Road, Application #2012-020 submitted by Andrei Andreichik for a Site Plan for used car sales/repair business and Change of Use to operate used car sales/repair business –



The Commission formally received the application. Present to speak on behalf of this application was Andrei Andreichik, applicant.



Isabel Kearns, ZEO, stated the following:

• Mr. Andreichik is requesting a maximum of 15 cars.

• Mr. Andreichik will be using one bay inside building to repair the vehicles he is going to sell.

• This use is permitted by a Site Plan approval.

• Mr. Andreichik is also requesting approval for an attached 3-foot by 6-foot sign.



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



It was moved by Shurtleff and seconded by Brinton to approve the following resolution for Application #2012-020:



Whereas, on September 10, 2012, the Zoning Board of Appeals issued a Certificate of Approval for Location of a Motor Vehicle Dealer and Repairer at 121 Amity Road (i.e., 117-127 Amity Road; the most southerly section of the property and the most southerly building);



Whereas, the owner of the property, Earl Sickinger, in a document dated August 14, 2012, authorized Andrei Andreichik to apply for the necessary land-use permits to allow a used car dealership and repair facility to operate from 121 Amity Road (i.e., 117-127 Amity Road; the most southerly section of the property and the most southerly building) as well as an attached 3-foot by 6-foot sign;



Whereas, Andrei Andreichik applied on October 3, 2012, to the Bethany Planning and Zoning Commission for a change of use permit and site plan approval to operate a used car dealership (15 cars maximum) and repair facility at 121 Amity Road as well as an attached 3-foot by 6-foot sign;



Whereas, at its regular meeting of October 3, 2012, the Commission considered the plans, testimony, statement of use and other pertinent application information relating to this change of use and site plan approval to operate a used car dealership (15 cars maximum) and repair facility at 121 Amity Road as well as an attached 3-foot by 6-foot sign;



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



1) The property is not located with a Public Water Supply Watershed Area.

2) Pleasant View Garage operated from the subject parcel prior to relocating to Russell Road.

3) Roderick White, Fire Marshal, signed off on the back of the application form on August 16, 2012, indicating his approval of this application.

4) Alexis Rinaldi, Quinnipiack Valley Health Department Representative, signed off on the back of the application form on August 24, 2012, indicating her approval.

5) The Inland Wetlands Commission reviewed the plan at their August 27, 2012, regular meeting and determined there is no Inland Wetlands action necessary.



Now Therefore Be It Resolved, that pursuant to Sections 5.2.B.1., 5.3.H.3.b. and 7.3. of the Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the change of use permit and site plan approval to operate a used car dealership (15 cars maximum) and repair facility at 121 Amity Road (i.e., 117-127 Amity Road; the most southerly section of the property and the most southerly building) as well as an attached 3-foot by 6-foot sign, as presented in the application, statement of use and testimony and as per the plan submitted August 15, 2012, prepared by the applicant;



And with the following conditions:

1) An interior fit out permit must be received from the building department prior to occupancy of the building.

2) Sign and lighting must conform to Zoning Regulations.

Voting for: Spear, Shurtleff, McClure, Calhoun, Shea.

Unanimous approval.





2) Discussion with Fran Doba regarding Grant Application and Village Districts –



No one was present for this discussion. Chair Spear stated that she has spoken to Fran Doba regarding a Main Street grant that the Town is applying for. The Commission needs to relook at Village Districts in Bethany. A Special Meeting was scheduled for Wednesday, October 24, 2012, at 7:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.













3) 615 Bethmour Road, Application #2012-021 submitted by Robert F. and Ellen G. Coe for a Lot Line Revision/2-Lot Subdivision –



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



Isabel Kearns, ZEO, stated this application is not necessary and needs to be withdrawn. Ms. Kearns has spoken to John Paul Garcia, who is representing the property owners, and Mr. Garcia stated the property has never been divided and this would be first cut/free split. Chair Spear asked that Mr. Garcia submit this in writing for the file and also withdraw Application #2012-021.





4) 615 Bethmour Road, Application #2012-022 submitted by Robert F. and Ellen G. Coe for a Special Exception Permit for one rear lot –



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



Isabel Kearns, ZEO, stated the lot split of this property will create one rear lot. Ms. Kearns recommended the Commission schedule a public hearing.



The Commission scheduled a public hearing at the next scheduled regular meeting on Wednesday, November 7, 2012, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.





5) 50 Hunters Trail, Application #2012-023 submitted by Luiza Ruest for a Special Exception Permit for a riding arena and boarding stable -



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



Isabel Kearns, ZEO, stated the applicant is proposing a larger barn. Under Section 4.4.E. of the Bethany Zoning Regulations a boarding stable is a special exception and requires a public hearing. The applicant would like to waive the application fees because the applicant submitted an application in 2011 and then withdrew the application.



Ms. Kearns recommended the Commission schedule a public hearing.



The Commission scheduled a public hearing at the next scheduled regular meeting on Wednesday, November 7, 2012, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.









6) Discussion with Will Brinton regarding 4 Peck Road – historical information –



Present for this discussion was Will Brinton member of the Bethany Historical Society. Mr. Brinton provided the Commission with some photographs and information on the 1800’s farmhouse which is not on the State of Connecticut registry for historic preservation.



Mr. Brinton will contact homeowner and show them the materials he obtained and relay information on the home.





OLD BUSINESS



Present on behalf of this application was Toby Fischer, applicant.



Hiram Peck, Planning Consultant, prepared a draft resolution. Commission members discussed and proceeded to deliberate.



It was moved by Calhoun and seconded by Shurtleff to approve the following resolution for Application #2012-017:



Whereas, William Fischer, owner of the property, authorized Toby Fischer to apply on his behalf for a home occupation permit to operate a non-profit agricultural endeavor including a home office and farming of land at 327 Litchfield Turnpike in a document dated June 28, 2012; and



Whereas, Toby Fischer, applicant, applied on August 1, 2012, to the Planning and Zoning Commission for a home occupation to operate a non-profit agricultural endeavor including a home office and farming of 1.7 acres of land located at 327 Litchfield Turnpike; and



Whereas, the Commission conducted a site visit to the property on September 13, 2012; and



Whereas, the Commission at its regular meeting of August 1, 2012, and September 5, 2012, considered the statement of use, narrative, testimony and all other application information relating to this home occupation application, and also considered all written and oral comments submitted by the public at both meetings; and



Whereas, the Commission has considered this application with reference to all applicable Zoning Regulations including Section 4.3.D.4.b. and Section 4.3.E.1., and



Whereas, the Commission finds, and has considered the following:



1) John Laudano, Quinnipiack Valley Health District Representative, has signed off on the application on September 3, 2012, indicating his approval.

2) Rod White, Fire Marshal, has signed off on the application on September 4, 2012, indicating his approval.

3) The Commission received a letter dated August 1, 2012, from Ronald Walters of the South Central Connecticut Regional Water Authority, whose comments are made a part of this approval.

4) The Commission also received comments dated August 30, 2012, from Hiram Peck, Planning Consultant responding to questions posed by members of the public regarding this application.

5) The Commission received a letter dated August 31, 2012, from the Inland Wetlands Commission which stated that no Inland Wetlands Permit is required for the proposed activity.



Therefore Be It Resolved, that Application #2012-017 submitted by Toby Fischer for a home occupation permit to operate a non-profit agricultural endeavor including a home office and farming of land at 327 Litchfield Turnpike, said property is 1.7 acres in size and is located in the R-130 zone and on South Central Connecticut Regional Water Authority’s public water supply watershed is hereby approved with the following conditions:



1. The operator of the operation shall insure that proper control is maintained of all groups visiting and working on the property. In this case proper control includes but is not limited to keeping a log of all groups visiting and working on the property and adequate supervision of the groups.



2. Farming operations shall be conducted in a manner so as not to unnecessarily disturb residential neighbors. This specifically includes creating excessive noise during extremely early or late hours after dark and also includes reasonable attempts to minimize any trespass of dust or debris from the farm property to abutting neighboring properties.



3. The parking area shall be designated and used in accordance with all requirements of the Quinnipiack Valley Health District so as not to damage the existing well and septic system on the property.



4. The operator of the farm shall, to the best of his ability, insure that visitors and workers not trespass on neighboring properties in the course of operating the farm.



5. The requirements of the public officials reviewing this application are made part of this approval.



6. Activity shall conform to those described in the “Description of Activities Related to Home Occupation”, dated July 30, 2012, submitted by Toby Fischer.



7. If after a period of 12 months from date of approval (October 3, 2012) it is determined that additional conditions need to be instituted, the Commission reserves the right to revisit this permit.

Voting for: Spear, Shurtleff, McClure, Calhoun, Shea.

Unanimous approval.



1) Discussion and possible action to set public hearing date regarding proposed amendments to the Zoning Regulations on accessory buildings and signage for larger parcels -



A Special Meeting was scheduled for Wednesday, October 24, 2012, at 7:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.





2) Discuss increasing application fees – Tabled.







There being no further business to come before the Commission, it was moved by Shurtleff and seconded by Calhoun to adjourn the regular meeting at 8:27 p.m. Unanimous approval.



Respectfully submitted,







Antonia R. Marek, Clerk

For the Planning and Zoning Commission

MINUTES OF THE LONG TERM FINANCIAL PLANNING COMMITTEE MEETING OF THURSDAY, SEPTEMBER 27, 2012                                                                 Page 1 of 2

The meeting of the Long Term Financial Planning Committee commenced at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.



The following Committee Members were present:

Steve Squinto, Chair

Chip Spear

James Stirling

Aileen Magda

Sharon Huxley





Some of the areas of discussion were:

• Learned from survey that the Town doesn’t want to raise taxes.

• Completing power point presentation.

• What is the timeline for presentation? First Selectman Gorski entered meeting for a few minutes and stated she would like presentation completed by May, 2013.



Chair Squinto mentioned the Committee has a majority of the information needed for presentation such as:

• All demographic information about the Town.

• School budgets for last 5 years.

• Town of Bethany budgets for last 5 years.

• 5 year capital expenditure plan for all various departments and schools.



Chairman Squinto prepared a draft power point presentation which the Committee will use as its base.



Assignments:

• Board of Education budget and demographics over the last five to ten years – Jamie Sterling.

• Capital expenditure plan for the last five to ten years – Derry Gorski – need copies for next meeting. (Chip Spear to contact Derry Gorski.)

• Last five to ten year Town of Bethany Budget (revenues and expenses) – (Chip Spear to contact Janet Brunwin.)

• General Funds reserve for last ten years.

• Five to Ten years public works.

• Five to ten years safety.

• Five to ten years town employees and benefits.

• Five to ten years land acquisition.



Committee members to email Chair Squinto as to how they would like analyze prepared from survey results (age, income, children or no children) and then Chair Squinto will email Seamus McNamee from The Center for Research.





The Committee scheduled the next meeting for Wednesday, October 10, 2012, at 7:30 p.m. to continue working on the power point presentation.



Staff Support, Toni Marek, will copy for Committee members all data she has received from past meetings that relates to the information mentioned above.





Adjournment



There being no further discussion, the meeting was adjourned at 8:52 p.m.



Respectfully submitted,







Antonia R. Marek, Staff Support

For the Long Term Financial Planning Committee

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, SEPTEMBER 24, 2012 Page 1 of 4


The regular meeting of the Inland Wetlands Commission was called to order at 7:32 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:

Alexandra Breslin, Chair

Kristine Sullivan, Vice-Chair

Brian Smith, Member

Lisa Gaw, Member



The following member of the Commission was absent:

Roger Hathaway, Member



Also present was:

Karen Hubbell, Assistant Inland Wetlands Enforcement Officer





APPROVAL OF MINUTES



Action on the approval of the minutes from the June 25, 2012 Regular Meeting and the July 16, 2012 Special Meeting will be deferred until the October 22, 2012 Regular Meeting.



1. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the August 27, 2012, Regular Meeting.

Voting were:

Unanimous approval.



2. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the September 8, 2012, Special Meeting.

Voting were:

Unanimous approval.





GENERAL CORRESPONDENCE



1. Memo from Isabel Kearns, IWEO, dated September 20, 2012, Re: Review comments for 615 Bethmour Road.

2. Letter from Alan Green, Public Works Director, dated August 30, 2012, Re: Cease and Desist Order dated August 17, 2012, Anthony Court and Clay Road.

3. Letter from Isabel Kearns, IWEO, to Clement of 290 Amity Road, dated August 29, 2012, Re: 290 Amity Road, Notice of Violation.

4. Letter from Connecticut Department of Energy & Environmental Protection, dated August 29, 2012, Re: 2012 Legislation and Regulation Advisory.









NEW BUSINESS



1. PECK ROAD, Application #1192 submitted by the Town of Bethany for an Inland Wetlands Permit to replace damaged culvert pipe under Peck Pond –



The Commission formally received the application. Present to speak on behalf of this application was Paul Crotta, representing the Town.



Mr. Crotta reviewed the proposed project noting:

• Existing concrete pipes under the road have separated causing the road to sever.

• Town would like to replace pipe and restore that section of the road.

• Recommending the use of an elliptical concrete pipe.



In discussion, Commission members noted:

• Existing pipe right now is 24 inch double pipe with two head walls.

• The Commission scheduled a site visit for Sunday, October 14, 2012, to meet 8 a.m. at the Town Hall Parking Lot.



Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, October 22, 2012. Tabled.





2. 50 HUNTERS TRAIL, Discussion regarding re-build of collapsed riding arena –



Present for this discussion was Luiza Ruest, owner of record. Ms. Ruest stated that she would like to construct a new barn where the previous barn that was destroyed by fire was located and that the proposed activity is 500 feet from the wetlands area. Ms. Ruest submitted a proposed plan entitled “Zoning Location Survey Sun Gold Stables, prepared for Luiza Ruest”, dated March 30, 2011, revised to September 23, 2012, prepared by Jones Engineering, Southington, CT.



The Commission would like to review old subdivision maps and the file records before making a determination.



Further discussion was deferred until the Commission’s next regular meeting on Monday, October 22, 2012. Tabled.





It was moved by Smith seconded by Sullivan to add the following application to the agenda for the September 24, 2012, regular meeting. Unanimous approval.











3. 615 BETHMOUR ROAD, Application #1193 submitted by Robert and Ellen Coe for an Inland Wetlands Permit for a residential site development –



The Commission formally received the application. Present to speak on behalf of this application was John Paul Garcia, P.E./L.S.



Mr. Garcia briefly reviewed the proposed project noting:

• The proposed plans were submitted to Quinnipiack Valley Health District for review.

• Submitting soil testing information at this meeting.



In discussion, Commission members noted:

• Mr. Garcia to stake corners of the lots for site visit.

• The Commission scheduled a site visit for Sunday, October 14, 2012, to meet 8 a.m. at the Town Hall Parking Lot.



Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, October 22, 2012. Tabled.





OLD BUSINESS



1. Frances Drive, Tawney Drive cul-de-sac, Knollwood Road, Bethridge Road and Bethmour Road from Woodbridge to Bethany Farms and from Pole Hill Road to Luke Hill Road –



It was brought to the Commissions attention that work is being done by the Public Works Department without a permit.



Town Attorney Kevin McSherry entered the meeting and had a discussion with the Commission regarding the Public Works Department submitting an application and then starting the project before the application is approved by the Inland Wetlands Commission and that Alan Green, Public Works Director repeatedly does not attend meetings or site visits to discuss the project with the Commission. The Commission asked Attorney McSherry to advise them how to obtain a better process in handling applications from the Town for road and drainage work.



Attorney McSherry will contact Mr. Green and plan a work session with the Commission.

Tabled.





2. 185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn –



Some Commission members visited the site on September 8, 2012. Chair Breslin recommended an outline letter be drafted listing the concerns with the impacts to the wetlands, restoring the wetlands and recommendations for the property owner. The outline will be emailed to other members to comment on. Member Sullivan will draft and circulate.



It was mentioned that the neighbor behind Cusano is filling in a regulated area. The Commission would like a letter to be sent to the property owner (Gaetano) requesting they attend the next regular meeting to address the work that is being conducted.

Tabled.





3. Continuation of Show Cause Hearing regarding Town of Bethany drainage repairs conducted in a regulated area without an Inland Wetlands Permit –



Attorney McSherry will contact Alan Green, Public Works Director. A letter was received from Alan Green, Public Works Director, dated August 30, 2012, pertaining to Cease and Desist Order dated August 17, 2012. Tabled.





4. Update on appeal submitted by James Woodward for 46 Mesa Drive –



Attorney McSherry stated he has had some discussions with Mr. Woodward’s attorney. Attorney McSherry would like to meet with the Commission in executive session and will contact the clerk to arrange some available dates. Tabled.





5. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT –



The Commission received a letter from the Connecticut Department of Energy & Environmental Protection, dated August 29, 2012, Re: New language to be added to the Inland Wetlands and Watercourses Regulations. Commission member Sullivan will incorporate amendments with the previous amendments prepared for the next regular meeting, October 22, 2012. Tabled.





ADJOURNMENT



There being no further business to come before the Commission, it was moved by Sullivan and seconded by Gaw to adjourn the regular meeting at 8:50 p.m. Unanimous approval.



Respectfully submitted,







Antonia R. Marek, Clerk

for the Inland Wetlands Commission

Bethany Cemetery Committee (BCC) August 20, 2012




In attendance: Will Brinton, Carol Goldberg, Tony Esposito, Pat Stewart, Mary Ehrler and guests: Steve Press Jr., Kris Sullivan



Absent: Don Shea, Steve Thornquist, June Riley



Mary asked Pat to take minutes of this meeting.



1) Meeting called to order @ 7:19 PM

2) Minutes of July 30, 2012 were not available for review.

3) A decision has not yet been reached by the Selectmen for the Cemetery “Committee” to become a “Commission”. Will is going to attend the Selectman’s meeting on August 27 and ask that this be placed on the Selectman’s agenda.

4) Mapping of the Carrington Cemetery has been started by the Town Engineer, but more work is needed.

5) Carol brought up the issue of markers that may not be associated with buried bodies. These are known as cenotaphs and are memorials to individuals whose remains are not actually located in the cemeteries. There are a few of these in Bethany.

6) A walk-through will take place with Skip Clark who is responsible of headstone maintenance at the Orange Center Cemetery. The purpose is to review what can be expected at the Bethany cemeteries and the walk-through will be conducted on August 25th at 10:00AM. Tony, Will, Mary, and Steve will attend the walk.

7) Harkness has submitted a proposal for cemetery tree work. Will is going to follow up on this at the Selectmen’s meeting on August 27th.

8) Will reported that the Bethany Public Works Dept. is now doing the mowing at the town cemeteries. Previously this was done by a private landscaper.

9) Committee members are again asked to send any remaining “rules and regulations” from surrounding towns to Carol for her compilation. Also requested by Carol that all suggestions for Bethany’s cemetery maintenance be forwarded to her.

10) Carol asked if the following should be included in the “rules and regulation”: Mausoleums and Family Plots? The Committee decided these two conditions should not be included. However, lot fees will be considered and included in the “rules and regulations”.

11) Next meetings: October 15 @ 7:00PM

November 19 @ 7:00PM

December 17 @ 7:00PM

10) Adjournment called by Will: 1st Carol, 2nd Kris and all agree.





Respectfully submitted,

Pat Stewart, Acting Secretary

MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR


MEETING OF MONDAY, SEPTEMBER 10, 2012 Page 1 of 3

The regular meeting of the Zoning Board of Appeals 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 Board Members were present:

Carol Goldberg, Chair

Ruth Beardsley, Vice Chair

Steven Massey, Member

Walter Briggs, Member

James Gugliotti, Member

Frances Doba, Alternate Member

Margaret Foley, Alternate Member

The following Board Member was absent or excused:

Lisa Gaw, Alternate Member

MINUTES

It was moved by Beardsley and seconded by Gugliotti to approve, as submitted, the minutes of the August 13, 2012, Regular Meeting.

Voting for: Goldberg, Beardsley, Gugliotti, Doba, Foley.

Massey and Briggs abstained.

Unanimous approval.

BILL
It was moved by Gugliotti and seconded by Beardsley to approve the payment of a bill for $95.00, dated September 10, 2012, from Anne Sohon for recording services for the public hearing (121 Amity Road).

Voting for: Goldberg, Beardsley, Briggs, Gugliotti, Massey.

Unanimous approval.

PUBLIC HEARING – 121 AMITY ROAD

Chair Goldberg opened the public hearing for 121 Amity Road at 7:04 p.m.

Chair Goldberg read the legal notice of the public hearing for the application submitted by Andrei Andreichik for 121 Amity Road seeking a certificate of approval for a motor vehicle dealer and repairer.

Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.

Chair Goldberg noted that the Board received the following item relative to the subject application. Exhibit identification was assigned as noted:

1) Exhibit 1 – Letter from Janine Stevenson, Examiner Specialist, Dealers and Repairs Department, State of Connecticut, submitted September 10, 2012, Re: Search regarding used car dealers licenses from 117 to 127 Amity Road, Bethany.

Present to speak on behalf of the application was Andrei Andreichik, applicant.

Mr. Andreichik noted the following:

• In the past he has worked for used car dealers and would like to obtain his own license.

• Would like to start selling with 4 or 5 cars.

• Will be renting space from the property owner, Earl Sickinger.

• Will repair only the cars that are going to be sold.

In discussion, Board members noted:

• All members stated they visited or are familiar with the subject property.

• That the letter from State of Connecticut, Department of Motor Vehicles (Exhibit 1) states that a used dealers license allows both sales and repairs of vehicles to be done.

Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were no comments.

Chair Goldberg asked if there were any public members who would like to speak in opposition of the application. There were no comments.

There being no further discussion, at 7:19 p.m. Chair Goldberg closed the public hearing on the subject application.

DELIBERATION AND DECISION MAKING SESSION

Board members further discussed the application and proceeded to deliberate.

121 Amity Road

It was moved by Beardsley and seconded by Gugliotti that the Zoning Board of Appeals approves the application of Andrei Andreichik for the property located at 121 Amity Road and shown on Assessor’s Map #113, Lot #68 for location approval for a motor vehicle dealer.

Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings having given due consideration to the proposed location of the proposed business in reference to the following:

1. The record supports issuing the Certificate of Location approval.

2. The record before the Board demonstrates that the location is suitable for the business intended.

Vote 5 to 0.

Voting for: Goldberg, Beardsley, Gugliotti, Gaw, Foley.

Unanimous approval.

ADJOURNMENT

It was moved by Massey and seconded by Beardsley to adjourn the regular meeting at 7:27 p.m. Unanimous approval.

Respectfully submitted,

Antonia R. Marek, Clerk

For the Zoning Board of Appeals

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, SEPTEMBER 5, 2012 Page 1 of 5


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:

Melissa Spear, Chair,

Mary Shurtleff, Vice-Chair

Patricia Winer, Member

Kimberly McClure Brinton, Member

Michael Calhoun, Member

Donna Shea, Alternate Member

Nellie Rabinowitz, Alternate Member

Also present were:

Isabel Kearns, Zoning Enforcement Officer

Hiram Peck, Planning Consultant

APPROVAL OF MINUTES

1. It was moved by Shurtleff and seconded by Calhoun to approve, as submitted, the minutes of

the August 1, 2012, Regular Meeting.

Spear abstained.

Voting for: Shurtleff, Winer, Brinton, Calhoun, Shea.

Unanimous approval.

2. It was moved by Winer and seconded by Calhoun to approve, as submitted, the minutes

of the August 22, 2012, Special Meeting/Site Visit with the following amendments:

• Change Mary Carrington to Kim Carrington.

• Remove the name Mark Hawes, abutting property owner.

Voting for: Spear, Shurtleff, Brinton, Calhoun, Winer.

Unanimous approval.

GENERAL CORRESPONDENCE

1. Letter from Bruce Loomis, Chairman Conservation Commission, dated September 4, 2012, Re: Subdivision proposals for 168/170 Beacon Road and 61 Russell Road, request for open space waiver.

2. Memo from Hiram Peck, Planning Consultant to Isabel Kearns, ZEO, dated August 22, 2012, Re: Review comments of plans for 4 Peck Road.

3. Memo from Jim Sakonchick, dated September 2, 2012, Re: Response comments to memo from Hiram Peck, Planning Consultant dated August 22, 2012, regarding 4 Peck Road.

4. Letter from Inland Wetlands Commission, dated August 31, 2012, Re: 61 Russell Road, proposed two-lot subdivision, no Inland Wetlands Permit required.

5. Letter from Inland Wetlands Commission, dated August 31, 2012, Re: 327 Litchfield Turnpike, proposed nonprofit agricultural activity, no Inlands Wetland action necessary.

6. Letter from Isabel Kearns, ZEO, to Todd Ryker of 2 Clay Road, dated July 16, 2012, Re: 2 Clay Road, bringing property in compliance with Zoning Regulations.

7. Email from Eugene Livshits of SCRCOG, dated August 31, 2012, Re: Town of Prospect Referral with proposed Zoning Regulation amendments attached.

8. Email from Eugene Livshits of SCRCOG, dated August 31, 2012, Re: Town of Hamden Referral with proposed Zoning Regulation amendments attached.

PUBLICATIONS AND WORKSHOPS

1. 30th Annual Connecticut Conference of Municipalities Convention and Exposition, October 23, 2012.

BILLS

1) It was moved by Shurtleff and seconded by Calhoun to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for August 2012, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for: Spear, Shurtleff, Calhoun, Brinton, Winer.

Unanimous approval.

ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO, noted the following:

• Mr. Dan Cusano of 185 Beacon Road - As a result of an enforcement letter for the non-permitted barn, Mr. Cusano is in discussion with the Inland Wetlands Commission and a site visit has been scheduled for Saturday, September 8, 2012, with the Inland Wetlands Commission.

• Liz Doering of 91 Bethway Road – Ms. Kearns stated she will be sending a letter of violation regarding the transfer of the permits of the previous farm and she will inquire about the existing apartment over the garage.

NEW BUSINESS

1) Discussion with Mark Hawes of 314 Sperry Road regarding proposed project at 327 Litchfield Turnpike (nonprofit agricultural) –

Present for this discussion were Susan Holbrook and Mark Hawes of 314 Sperry Road.

Hiram Peck, Planning Consultant, prepared a list of responses, dated August 30, 2012, to the questions submitted by Susan Holbrook and Mark Hawes received August 1, 2012, and distributed copies. Mr. Peck reviewed and discussed with the Commission.

Chairman Spear stated there will be more discussion when the Application #2012-017 comes up in old business for the proposed project located at 327 Litchfield Turnpike.

2) 168 and 170 Beacon Road, Application #2012-018 submitted by William Marek for a two-lot subdivision –

The Commission formally received the application. Present to speak on behalf of this application was Fred D’Amico, P.E./L.S. of D’Amico Associates, Oxford, Connecticut, representing the applicant, William Marek who was also present.

Isabel Kearns and Mr. D’Amico briefly reviewed the proposed two-lot subdivision stating that two houses were built on one lot under the old regulations and that the applicant has received a permit from the Inland Wetlands Commission and variances from the Zoning Board of Appeals.

Chair Spear stated the applicant has asked for a waiver for open space requirement and a waiver for a water supply source. The Commission did receive a response from the Bethany Volunteer Fire Department on the waiver for the water supply source but not from the Conservation Commission on the waiver for open space. Chair Spear stated a letter, dated September 4, 2012, was received from the Conservation Commission stating the Commission will not be able to review this application until their next regularly scheduled meeting on September 13, 2012.

Further discussion and appropriate action on the application was deferred until the PZC Special Meeting scheduled for Thursday, September 13, 2012. Tabled.

3) 4 Peck Road, Discussion regarding proposal for second home –

Present for this discussion was Jim Sakonchick, owner of 4 Peck Road.

Mr. Sakonchick submitted proposed site plans, dated April 13, 2012, revised to July 14, 2012, to the Zoning Enforcement Officer for two dwellings on one lot (historic house exists) located at 4 Peck Road. Hiram Peck, Planning Consultant, reviewed and submitted comments dated August 22, 2012.

Mr. Sakonchick addressed Mr. Peck’s comments and submitted his response in a letter dated September 2, 2012.

Mr. Sakonchick is looking for guidance from the Commission as to how to handle this proposed project.

Commission members discussed and determined comments from the Town Engineer are needed and the proposed plans do not meet the zoning regulations.

Mr. Sakonchick will take all comments into consideration.

The ZEO told Mr. Sakonchick to not revise plans until comments are received from the Town Engineer.

4) 667 Amity Road, Application #2012-019 submitted by Eric Soltis for a Sign Permit to advertise haunted attraction –

The Commission formally received the application.

Isabel Kearns, Zoning Enforcement Officer, recommended that the Commission authorize her to act on the subject application for compliance with the zoning regulations.

Commission members discussed and proceeded to deliberate.

It was moved by Winer and seconded by Calhoun to authorize the Zoning Enforcement Officer to review and approve Application #2012-019 submitted by Eric Soltis for a Sign Permit to advertise a haunted attraction located at 667 Amity Road.

Vote: 5 to 0.

Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.

Unanimous approval.

OLD BUSINESS

1) 61 Russell Road, Application #2012-016 submitted by Mark Romano for a two-lot subdivision –

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

Chair Spear stated the applicant has asked for a waiver for the open space requirement and a waiver for a water supply source. The Commission did receive a response from the Bethany Volunteer Fire Department on the waiver for the water supply source but not from the Conservation Commission on the waiver for open space. Chair Spear stated a letter, dated September 4, 2012, was received from the Conservation Commission stating the Commission will not be able to review this application until their next regularly scheduled meeting on September 13, 2012.

Further discussion and appropriate action on the application was deferred until the PZC Special Meeting scheduled for Thursday, September 13, 2012. Tabled.

2) 327 Litchfield Turnpike, Application #2012-017 submitted by Toby Fischer for a Home Occupation Permit for a home office for nonprofit agricultural endeavor -

Present to speak on behalf of this application was Toby Fischer, applicant. In discussion, some Commission members noted:

• Education programs will create more traffic.

• Farming is a permitted use.

• Residents that live on farm are the employees.

• Applicant would like to use farm as educational tool in community.

The following residents were in attendance and had concerns for the safety of their children in regard to people and volunteers entering the subject property:

• Susan Holbrook and Mark Hawes of 314 Sperry Road

• Kim Carrington of 332 Sperry Road

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, October 3, 2012. Tabled.

3) Discussion and possible action to set public hearing date regarding proposed amendments to the Zoning Regulations on accessory buildings and signage for larger parcels - Tabled.

4) Discuss increasing application fees – Tabled.

There being no further business to come before the Commission, it was moved by Brinton and seconded by Calhoun to adjourn the regular meeting at 9:05 p.m. Unanimous approval.

Respectfully submitted,

Antonia R. Marek, Clerk

For the Planning and Zoning Commission