MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, MAY 6, 2009 Page 1 of 9
The regular meeting of the Planning and Zoning Commission was called to order at 7:35 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, Vice-Chairman, Acting as Chairman
John Ford, Member
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member
Nelly Rabinowitz, Alternate Member
Donald Shea Jr., Alternate Member, seated as a regular member.
The following Commission member was excused:
Sharon Huxley, Chairman
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Land Use Assistant
Hiram Peck, Planning Consultant
APPROVAL OF MINUTES
1. It was moved by Shea and seconded by Winer to approve the minutes of the April 1, 2009, Regular Meeting.
Voting were Spear, Ford, Shurtleff, Winer, Shea.
Unanimous approval.
2. It was moved by Shea and seconded by Winer to approve the minutes of the April 6, 2009, Special/Joint Meeting of the Bethany Planning and Zoning Commission, Inland Wetlands Commission, Conservation Commission and Zoning Board of Appeals.
Voting were Spear, Shurtleff, Winer, Shea.
Unanimous approval.
3. It was moved by Ford and seconded by Shea to approve, with the following corrections, the minutes of the April 15, 2009, Special Meeting:
· Page 1, Sixth Paragraph, First Sentence – Reads “Hiram Peck, Planning Consultant, prepared a power point presentation pertaining to the revised POCD.” change to “Hiram Peck, Planning Consultant, prepared a Power Point presentation pertaining to the revised POCD.”
· Page 2, First Paragraph, First Sentence – Reads “Some public residents present” change to “Some residents present”.
Voting were Spear, Ford, Shurtleff, Winer, Shea.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Nafis & Young, dated April 20, 2009, Re: Review comments on plans dated March 26, 2009, for Woodlot Farm, 523 Carrington Road.
2. Letter from John Paul Garcia, dated April 21, 2009, Re: Withdrawing request for a waiver of open space for 523 Carrington Road, Resubdivision.
3. Letter from Michael Katzmark, Representative for the BVFD, dated April 22, 2009, Re: Review of plans for 523 Carrington Road, with attached sheet entitled “Tanker Shuttle vs. In Ground Tank for Firefighting”.
4. Letter from QVHD, dated April 1, 2009, Re: Review comments for 845 Carrington Road, Horse Manure Compost Operation.
5. Copy of Inland Wetlands Permit #1122, approved April 27, 2009, for 845 Carrington Road, Site Plan to compost horse manure.
6. Letter from The Hartmann’s, submitted April 6, 2009, Re: Statement of Use for proposed boarding and training facility located at 80 Litchfield Turnpike.
7. Letter from the Inland Wetlands Commission, dated May 4, 2009, Re: No IWC action required for proposed activity at 80 Litchfield Turnpike.
8. Letter from Elizabeth Doering of 184 Sperry Road, dated April 16, 2009, Re: Request to construct a building on my property for the sole purpose of raising and training my horses.
Present for this discussion was John Paul Garcia, P.E./L.S. representing Ms. Liz Doering, who was also present. Mr. Garcia stated that after reviewing the Zoning Regulations, Section 4.3.e, this proposed activity appears to be an as of right and that Ms. Doering is willing to deed restrict the property for having no commercial operations. The Commission had concerns with the size of the proposed structure, the setback issue and the lot size issued. It was the consensus of the Commission that the property owner must place a deed restriction on the application that no more than 2 to 3 horses owned by the owner of the property, file a condition with the Zoning Board of Appeals there will be no commercial operation and Mr. Garcia has committed to come before the Planning and Zoning Commission for review after submitting to the Zoning Board of Appeals.
9. Letter from Michael Katzmark, Representative for the BVFD, dated April 16, 2009, Re: Requirements for driveway located at 892 Amity Road.
10. Referral from Council of Governments of the Central Naugatuck Valley dated April 24, 2009, Re: Beacon Falls proposed amendments to the Zoning Regulations and Plan of Conservation and Development.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Technology Transfer, Spring 2009.
BILLS
1. It was moved by Shurtleff and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis) for services rendered for April 2009, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
2. It was moved by Winer and seconded by Shurtleff to approve the payment of $95.00 to John McLeod (court stenographer) for recording services at the meeting of April 1, 2009 (523 Carrington Road).
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, ZEO, stated that the “Ordinance Establishing Citation Procedures and Fines for Zoning Violations” is going to a Town Meeting in the next few months.
PUBLIC HEARINGS
· 523 Carrington Road (Woodlot Farm), Application #2009-001 for a Special Exception Permit for one rear lot and Application #2009-002 for a Three-Lot Resubdivision with waiver requests for open space and fire protection submitted by John Paul Garcia
At 8:08 p.m., Acting-Chairman Spear called to order the continuation of the public hearing on Applications #2009-001 and #2009-002. The public hearing commenced on April 1, 2009.
Acting-Chairman Spear then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 2A – Letter from Nafis & Young, dated April 20, 2009, Re: Review comments on plans dated March 26, 2009, for Woodlot Farm, 523 Carrington Road.
Exhibit 2B – Letter from John Paul Garcia, dated April 21, 2009, Re: Withdrawing request for a waiver of open space for 523 Carrington Road, Resubdivision.
Exhibit 2C – Letter from Michael Katzmark, Representative for the BVFD, dated April 22, 2009, Re: Review of plans for 523 Carrington Road, with attached sheet entitled “Tanker Shuttle vs. In Ground Tank for Firefighting”.
Present for this application was Mr. John Paul Garcia, P.E./L.S., who is the applicant. Mr. Garcia stated at the last hearing the Commission requested an alternate plan with a common driveway. Mr. Garcia submitted a plan entitled, “Alternate 1, Proposed Site Plan of Woodlot Farm” dated April 2, 2009. Also, Mr. Garcia submitted a revised set of plans, revised to April 29, 2009, and stated the revised plans were sent out to Nafis and Young and the Regional Water Authority for
comments, and that the Inland Wetlands Commission has not acted on the application at this time.
Isabel Kearns, ZEO, stated she has not reviewed the revised plans at this time.
Ken Martin, Chairman of the Conservation Commission, is working with Mr. Garcia on the Open Space set aside.
The Commission would like to review draft easements. (Driveway, Utility, Open Space) Mr. Garcia will prepare and submit.
Acting-Chairman Spear then asked if there were any comments from the public. There were no comments.
Mr. Garcia submitted a letter of consent to an extension of time for 30 days for the Commission to continue the public hearing.
At 8:28 p.m., Acting-Chairman Spear recessed the public hearing until the next regular meeting scheduled for June 3, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
· 845 Carrington Road, Application #2009-009 for a Zoning Permit for an additional use to compost horse manure and Application #2009-010 for a Special Exception Permit to modify the existing permit for horse manure storage including site plan showing the location of the manure pile submitted by Acorn Traders LLC
At 8:29 p.m., Acting-Chairman Spear called to order the public hearing on Applications #2009-009 and #2009-010. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.
Acting-Chairman Spear then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Letter from QVHD, dated April 1, 2009, Re: Review comments for 845 Carrington Road, Horse Manure Compost Operation.
Exhibit 1B – Copy of Inland Wetlands Permit #1122, approved April 27, 2009, for 845 Carrington Road, Site Plan to compost horse manure.
Present for this application was Theron Simons, co-owner of Acorn Traders. Mr. Simons stated he is proposing a horse manure composting site with the facility that exists. Mr. Simons also stated he has conversed with the DEP and RWA pertaining to the area that was approved for grinding and changing it to composting horse manure and that this is a DEP activity and will be regulated and approved by DEP.
Some Commission Members had a question or concern pertaining to the following:
How long before you hear from the DEP on approval? (Theron responded the DEP will not give a timeline.)
What do you do when the compost pile gets really wet? (Theron responded the manure is constantly being turned and the rotation of the piles will change the moisture.)
What if there is no rain and the manure dries out? (Theron responded there is a pond on the property to draw water from.)
Acting-Chairman Spear then asked if there were any comments from the public. There were no comments.
At 8:49 p.m., Acting-Chairman Spear closed the public hearing on the subject application.
NEW BUSINESS
1. 562 Amity Road, Apt. C, Application #2009-011 submitted by Gideon Van Heerden for a Home Occupation Permit to operate an office for Gideon’s Contracting – Present for this application was Gideon Van Heerden, applicant. The Commission received the application. Mr. Van Heerden stated he was opening a business until he finds a full time job. Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2009-011:
Whereas, Gideon Van Heerden of 562 Amity Road, applied to the Planning and Zoning Commission for a home occupation permit to operate a home office for an electrical and carpentry contracting service on May 6, 2009;
Whereas, the Commission at it’s regular meeting of May 6, 2009, considered the statement of use, narrative, testimony and other pertinent application information relating to this home occupation application;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) Lynn Fox of Quinnipiack Valley Health District signed off on the back of the application form indicating her approval on May 1, 2009.
2) Rod White, Fire Marshal, signed off on the back of the application form on May 1, 2009, indicating his approval.
Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4(b) of the Town of Bethany Zoning Regulations, effective September 15, 2008, the Bethany Planning and Zoning Commission approves the application of Gideon Van Heerden to operate a home office for an electrical and carpentry contracting service at 562 Amity Road as outlined in the Statement of Use dated March 31, 2009. Unanimous approval.
2. Discussion to authorize Karen Walton, Land Use Assistant, to enforce the Zoning Regulations and have the authority to follow the procedures set forth in Section 8-12 of the CT General Statutes – Isabel Kearns, ZEO, stated Karen Walton, Land Use Assistant, has completed and passed the Connecticut Zoning Enforcement Technician Program and is now a Technician. Isabel also stated Karen needs to do a case study so she can become a Zoning Enforcement Officer and needs authorization from the Commission to enforce the Zoning Regulations. It was moved by Shea and seconded by Shurtleff to authorize Karen Walton, Land Use Assistant, to enforce the Zoning Regulations and to have the authority to follow the procedures set forth in Section 8-12 of the Connecticut General State Statutes. Unanimous approval.
3. 80 Litchfield Turnpike, Application #2009-012 submitted by Jas R. Hartmann (Double H Farm) for a Special Exception Permit to operate a boarding stable and riding lessons – No one was present for this application. The Commission received the application. Isabel Kearns, ZEO, recommended that the Commission schedule a public hearing. The Commission scheduled a public hearing for this application at the next regular meeting on June 3, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Unanimous approval.
OLD BUSINESS
1. 523 Carrington Road, Application #2009-001 submitted by John Paul Garcia for a Special Exception Permit for one rear lot – Hearing continued to June 3, 2009. Tabled.
2. 523 Carrington Road, Application #2009-002 submitted by John Paul Garcia for a Three-Lot Resubdivision with waiver requests for the provision of open space and a water source for fire protection – Hearing continued to June 3, 2009. Tabled.
3. 845 Carrington Road, Application #2009-009 submitted by Acorn Traders, LLC for a Zoning Permit for an additional use to compost horse manure – Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2009-009:
Whereas, Acorn Traders, LLC applied on April 1, 2009, to the Bethany Planning and Zoning Commission for a Zoning Permit for an additional use to compost horse manure (Application #2009-009) at 845 Carrington Road;
Whereas, Acorn Traders, LLC also applied on April 1, 2009, for a Special Exception Permit to modify the existing permit for manure storage including a site plan showing the location of the manure pile (Application #2009-010) in conjunction with this application;
Whereas, the Commission at its meeting of May 6, 2009, considered the Statement of Use dated March 31, 2009, testimony and other pertinent application information relating to this additional use;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The Commission received a letter dated March 23, 2009, from the South Central Connecticut Regional Water Authority in which Ronald Walters offered the following comments: 1) Erosion controls should be installed prior to any site work. They should be inspected weekly and after each rainfall. Additional controls should be stored on site for any necessary repairs. 2) The activity should comply with the DEP general permit and the DPH regulations regarding the manure storage.
2) Inland Wetlands Permit #1122 has been issued for this site development, which was approved on April 27, 2009.
3) Lynn Fox of Quinnipiack Valley Health District signed off on the back of the application form indicating her approval on April 1, 2009.
4) Rod White, Fire Marshal, signed off on the back of the application form indicating his approval on May 1, 2009.
Now Therefore Be It Resolved, that pursuant to Section 5.1A of the Town of Bethany Zoning Regulations, effective September 15, 2008, the Bethany Planning and Zoning Commission approves the Zoning Permit for an additional use to compost horse manure (Application #2009-009) based on the following plans prepared by Civil C1, Woodbury, Connecticut:
a) “Site Plan, Grading Plan, Erosion Control Plan, Drainage Plan”, dated March 20, 2009, with no revisions.
b) “Details”, dated March 20, 2009, with no revisions.
c) “Erosion Control & Stormwater Pollution Control Narrative”, dated March 20, 2009, with no revisions.
And with the following conditions:
1) All previous conditions of approval remain in full force and effect.
Unanimous approval.
4. 845 Carrington Road, Application #2009-010 submitted by Acorn Traders, LLC for a Special Exception Permit to modify the existing permit including site plan – Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Shurtleff and seconded by Winer to approve the following resolution for Application #2009-010:
Whereas, Acorn Traders, LLC applied on April 1, 2009, to the Bethany Planning and Zoning Commission for a Special Exception Permit to modify the existing permit for manure storage including a site plan showing the location of the manure pile (Application #2009-010) at 845 Carrington Road;
Whereas, the Commission opened a public hearing on May 6, 2009 for this Special Exception Permit, which is being applied for in conjunction with Application #2009-009 for an Additional Use Permit to compost horse manure;
Whereas, the public hearing was closed on May 6, 2009, at the conclusion of testimony that evening;
Whereas, the Commission also at its meeting of May 6, 2009, considered the Statement of Use dated March 31, 2009, testimony and other pertinent application information relating to this Special Exception Permit;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
The Commission received a letter dated March 23, 2009, from the South Central Connecticut Regional Water Authority in which Ronald Walters offered the following comments: 1) Erosion controls should be installed prior to any site work. They should be inspected weekly and after each rainfall. Additional controls should be stored on site for any necessary repairs. 2) The activity should comply with the DEP general permit and the DPH regulations regarding the manure storage.
Inland Wetlands Permit #1122 has been issued for this site development, which was approved on April 27, 2009.
Lynn Fox of Quinnipiack Valley Health District signed off on the back of the application form indicating her approval on April 1, 2009.
Rod White, Fire Marshal, signed off on the back of the application form indicating his approval on May 1, 2009.
Now Therefore Be It Resolved that pursuant to Section 5.2.B.7 of the Town of Bethany Zoning Regulations, effective September 15, 2008, the Bethany Planning and Zoning Commission approves the Special Exception Permit to modify the existing permit for manure storage including a site plan showing the location of the manure pile based on the following plans prepared by Civil C1, Woodbury, Connecticut:
a) “Site Plan, Grading Plan, Erosion Control Plan, Drainage Plan”, dated March 20, 2009, with no revisions.
b) “Details”, dated March 20, 2009, with no revisions.
c) “Erosion Control & Stormwater Pollution Control Narrative”, dated March 20, 2009, with no revisions.
And with the following conditions:
1) All previous conditions of approval remain in full force and effect.
Unanimous approval.
5. Bethany Volunteer Fire Department revised Water Source Specifications – The ZEO will contact Mike Katzmark, Representative for the BVFD. Tabled.
6. Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Mr. Peck will gather more information on windmills and work with the Clean Energy Task Force. Tabled.
7. Town Plan Revision – Discussion and possible action – Hiram Peck, Planning Consultant, handed out to Commission members a list of POCD public comments from the meeting of April 15, 2009, that the Commission may want to discuss. Tabled.
8. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.
9. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.
10. Proposed Ordinance Establishing Citation Procedures and Fines for Zoning Violations – Isabel Kearns, ZEO, stated that the proposed ordinance is scheduled to go to a Town Meeting. Tabled.
11. Update on Halter Estates – Tabled.
It was moved by Shurtleff and seconded by Shea to adjourn the regular meeting at 9:35 p.m.
Unanimous approval.
Respectfully submitted,
Antonia Marek, Clerk
For the Planning and Zoning Commission
