Wednesday, June 24, 2009

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, JUNE 3, 2009 Page 1 of 7



The regular meeting of the Planning and Zoning Commission was called to order at 7:34 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Commission members were present:
Sharon Huxley, Chairman
Mary Shurtleff, Member
Marc Adelberg, Alternate Member, seated as a Member.
Nelly Rabinowitz, Alternate Member, seated as a Member.
Donald Shea Jr., Alternate Member, seated as a Member.

The following Commission members were excused:
Melissa Spear, Vice-Chairman
John Ford, Member
Patricia Winer, 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 Shea to table the minutes until the next regular meeting of July 1, 2009, so the Clerk can review the record for a discrepancy.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Isabel Kearns, ZEO, dated May 11, 2009, Second Review of Resubdivision of Woodlot Farm (523 Carrington Road).
2. Submitted by John Paul Garcia, three pages of easement language for 523 Carrington Road, proposed resubdivision.
3. Email from David Nafis of Nafis & Young Engineers, Inc., dated May 28, 2009, Re: Review of revised plans dated April 29, 2009, for 523 Carrington Road, 3-Lot Resubdivision.
4. Letter from SCC Regional Water Authority, dated May 11, 2009, Re: Review of application for 80 Litchfield Turnpike, indoor riding facility.
5. Narrative from the Hartmann Family pertaining to the proposed commercial stable located at 80 Litchfield Turnpike.
6. Email from C. Gaudino of CT Water Company, dated May 26, 2009, Re: Review of application for mobile dog grooming services at 22 Tollgate Road.
7. Letter from Sal Pontillo, submitted June 1, 2009, Re: Description of services for mobile dog grooming, 22 Tollgate Road.



8. Letter from SCC Regional Water Authority, dated May 11, 2009, Review of application for 562 Amity Road, Home Office. (approved on May 6, 2009)
9. Letter from Nafis & Young Consulting Engineers, to Chairman Beacon Falls PZC, dated March 12, 2009, Re: Review of Zoning Text Amendments for Town of Beacon Falls. Chairman Huxley would like the ZEO to investigate the intentions of this letter due to the fact it does not meet the notification requirements to the Town of Bethany.


PUBLICATIONS AND WORKSHOPS

1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2009.


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 May 2009, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.

2. It was moved by Shurtleff and seconded by Adelberg to approve the payment of $95.00 to Anne Sohon (court stenographer) for recording services at the meeting of May 6, 2009 (523 Carrington Road, 845 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 8:00 p.m., Chairman Huxley called to order the continuation of the public hearing on Applications #2009-001 and #2009-002. The public hearing commenced on April 1, 2009 and was continued to May 6, 2009.





Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 3A – Letter from Isabel Kearns, ZEO, dated May 11, 2009, Second Review of Resubdivision of Woodlot Farm (523 Carrington Road).
Exhibit 3B – Submitted by John Paul Garcia, three pages of proposed wording for easements for 523 Carrington Road, proposed resubdivision.
Exhibit 3C – Email from David Nafis of Nafis & Young Engineers, Inc., dated May 28, 2009, Re: Review of revised plans dated April 29, 2009, for 523 Carrington Road, 3-Lot Resubdivision.
Exhibit 3D – Letter from SCC Regional Water Authority dated June 3, 2009, Re: Review of revised plans dated April 29, 2009, for 523 Carrington Road.
Exhibit 3E – Submitted by Ken Martin, a letter from the Conservation Commission with seven pages of attachments, dated June 3, 2009, Re: Comments from review of easement language and discussions with the applicant.
Exhibit 3F – Submitted by John Paul Garcia, letter of consent for an extension of 35 days to continue the public hearing on the said application, dated June 3, 2009.

Isabel Kearns, ZEO, stated that the Inland Wetlands Commission has not acted on Inland Wetlands Application #1119 for 523 Carrington Road.

Present for this application was Mr. John Paul Garcia, P.E./L.S., who is the applicant. Mr. Garcia discussed the letter from the Regional Water Authority (Exhibit 3D) and discussed the recommendations of the Conservation Commission.

Ken Martin, Chairman of the Conservation Commission, handed out a packet to the Commission Members (Exhibit 3E) and discussed the information with the Commission. Mr. Martin stated the Conservation Commission was not aware of the RWA request (Exhibit 3D) and Mr. Martin needs to discuss this further with the Conservation Commission.

Chairman Huxley stated she had a conversation with the Town Attorney pertaining to the language for the bonding for all public improvements for the subdivision and she will forward this information to Mr. Garcia.

Chairman Huxley then asked if there were any comments from the public. There were no comments.

Mr. Garcia submitted an extension of 35 days to continue the public hearing (Exhibit 3F).

At 8:32 p.m., Chairman Huxley recessed the public hearing on the subject application until the next regular meeting scheduled for July 1, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.





· 80 Litchfield Turnpike (Double H Farm), Application #2009-012 for a Special Exception Permit to operate a boarding stable and training facility

At 8:33 p.m., Chairman Huxley called to order the public hearing on Application #2009-012. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.

Chairman Huxley 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 SCC Regional Water Authority, dated May 11, 2009, Re: Review of application for 80 Litchfield Turnpike, indoor riding facility.
Exhibit 1B – Narrative from the Hartmann Family pertaining to the proposed commercial stable located at 80 Litchfield Turnpike.
Exhibit 1C – Email from Melissa Spear, Planning and Zoning Commission Member, dated June 3, 2009, Re: Concerned about late hours of operation and lighting for the proposed commercial boarding/riding stable, 80 Litchfield Turnpike.
Exhibit 1D – Letter from Attorney Peter Cooper, representing Ms. Nancy Lewis of 76 Litchfield Turnpike, Re: Requesting the Planning and Zoning Commission deny the Application #2009-012, 80 Litchfield Turnpike.

Present for this application was Jason Hartmann, applicant, representing himself and his family. Mr. Hartmann briefly reviewed the proposed activity and stated there would be no employees living on the property and there will be no changes made to the current property.

Some Commission Members had a question or concern pertaining to the following:
· How many horses total on the property are you asking for? (Mr. Hartmann replied 12.)
· Will there be any additional lighting? (Mr. Hartmann replied no.)
· Will you be storing trailers on the property? (Mr. Hartmann replied only his personal trailers.)
· Are you asking for a sign? (Mr. Hartman replied not at this time.)

Chairman Huxley then asked if there were any comments from the public. The following people commented:

a) Attorney Peter Cooper, representing Ms. Nancy Lewis of 76 Litchfield Turnpike – Attorney Cooper submitted a letter (Exhibit 1D) and reviewed this letter with the Commission. Attorney Cooper expressed Ms. Lewis’s concerns about the vehicle lights from cars visiting the property, the uncontrolled number of boarders, parking issues, and dust and runoff from the dirt paddock area.

Chairman Huxley asked Isabel Kearns, ZEO, to research the parking standards to determine if the subject property would be able to accommodate the parking.




Chairman Huxley asked Mr. Hartmann if he would be willing to look at screening on the south side of the property to block vehicle lights from Ms. Lewis’s property. Mr. Hartmann stated he is willing to place screening in that area.

At 9:24 p.m., Chairman Huxley recessed the public hearing on the subject application until the next regular meeting scheduled for July 1, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.


NEW BUSINESS

1. 22 Tollgate Road, Application #2009-013 submitted by Sal Pontillo for a Home Occupation Permit to operate an office for a mobile dog grooming service – Present for this application was Sal Pontillo, applicant and owner of record. The Commission received the application. Isabel Kearns, ZEO, stated that the QVHD would not sign off until the DEP approval because the applicant is dumping grey water at State of Connecticut dumping stations (see letter from applicant submitted June 1, 2009). The Commission discussed and proceeded to deliberate. It was moved by Shea and seconded by Adelberg to authorize Isabel Kearns, ZEO, to issue a Home Occupation Permit for Application #2009-013 submitted by Sal Pontillo to operate an office for a mobile dog grooming service upon approval from the State of Connecticut Department of Environmental Protection and Quinnipiack Valley Health District and with the condition there will be no disposal of water on the site, which is 22 Tollgate Road.
Unanimous approval.

2. 369 Bethmour Road, Application #2009-014 submitted by Margaret Duke for a Home Occupation Permit to operate a recording studio – No one was present for this application. The Commission received the application. Isabel Kearns, ZEO, will contact the applicant to inform Ms. Duke she needs to be present at the next regular meeting, July 1, 2009, to answer questions from the Commission concerning this application. Tabled.

3. 19 Mesa Drive, Application #2009-015 submitted by Yucheng Zhan for a Home Occupation Permit to operate an office for Information Technology Services & Consulting, Internet Marketing & Sales, Investment Consulting – No one was present for this application. The Commission received the application. Commission members discussed and proceeded to deliberate. It was moved by Shurtleff and seconded by Shea to approve the following resolution for Application #2009-015:

Whereas, Yucheng Zhan owner of 19 Mesa Drive, applied to the Planning and Zoning Commission for a home occupation permit to operate a home office for computer services and consulting;





Whereas, the Commission at its regular meeting of June 3, 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, Quinnipiack Valley Health District representative signed off on the back of the application form on May 28, 2009, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on May 28, 2009, approving the application.

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4(b) of the Town of Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves the application of Yucheng Zhan to operate an office for computer service and consulting in his home as outlined in the Statement of Use and upon confirmation that no inventory will be kept at the premises at 19 Mesa Drive.
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 July 1, 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 July 1, 2009. Tabled.

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 – Hearing continued to July 1, 2009. Tabled.

4. Bethany Volunteer Fire Department revised Water Source Specifications – The ZEO will contact Mike Katzmark, Representative for the BVFD. Tabled.

5. 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.

6. Town Plan Revision – Discussion and possible action – Hiram Peck, Planning Consultant, Tabled.

7. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.



8. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.

9. 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.

10. Update on Halter Estates – Tabled.



It was moved by Shurtleff and seconded by Shea to adjourn the regular meeting at 9:30 p.m.
Unanimous approval.

Respectfully submitted,



Antonia Marek, Clerk
For the Planning and Zoning Commission