Wednesday, August 19, 2009

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, AUGUST 5, 2009 Page 1 of 14




The regular meeting of the Planning and Zoning 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 Commission members were present:
Sharon Huxley, Chairman
John Ford, Member
Mary Shurtleff, Member
Patricia Winer, Member
Nelly Rabinowitz, Alternate Member
Donald Shea Jr., Alternate Member, seated as a Regular Member

The following Commission members were excused or absent:
Melissa Spear, Vice-Chairman
Marc Adelberg, Alternate Member

Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Assistant Zoning Enforcement Officer
Hiram Peck, Planning Consultant


APPROVAL OF MINUTES

1. It was moved by Ford and seconded by Winer to table the minutes of the July 1, 2009, Regular Meeting, until the next regular meeting of September 2, 2009, so the Clerk can review the record for a discrepancy.
Voting for: Huxley, Ford, Winer, Shea.
Unanimous approval.

2. It was moved by Winer and seconded by Ford to approve, as submitted, the minutes of the July 8, 2009, Special Meeting.
Voting for: Huxley, Shurtleff, Ford, Winer.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Melissa and Tom Lambrecht of 96 Litchfield Turnpike, dated July 15, 2009, Re: 80 Litchfield Turnpike, Jason Hartmann, No objection to the usage of the shared driveway and parking on the north side of the house and the paddock.
2. Letter from Attorney Peter Cooper, representing Nancy Lewis of 76 Litchfield Turnpike, dated July 10, 2009, Re: 80 Litchfield Turnpike, Special Exception to operate boarding stable and training facility, activities excessive for this site as seen during July 9, 2009 site visit.



3. Email from Paul Holmes, DOT, to Isabel Kearns, ZEO, dated July 20, 2009, Re: 80 Litchfield Turnpike, Driveway apron.
4. Letter from QVHD, dated July 22, 2009, Re: 265 Beacon Road, Veteran’s Memorial Park, Construction of a pavilion, comments from review of application.
5. Letter from SCC Regional Water Authority, dated July 29, 2009, Re: Review comments for Application #2009-021, 241 Fairwood Road, Apt. B.
6. Letter from SCC Regional Water Authority, dated August 4, 2009, Re: Review comments for Application #2009-023 and #2009-025, 190 Sperry Road.
7. Letter from SCC Regional Water Authority, dated August 3, 2009, Re: Review comments for Application #2009-024, 234 Amity Road.
8. Letter from Nafis & Young, to Isabel Kearns, ZEO, dated June 27, 2009, Re: Comments from site walk on July 23, 2009, at 83 Beacon Road.
9. Letter from SCC Regional Planning Commission, dated July 10, 2009, Re: Town of Hamden: Proposed amendments to the 2004 Plan of Conservation and Development.
10. Letter from SCC Regional Planning Commission, dated July 10, 2009, Re: Town of Prospect: Proposed Zoning Regulation Amendments and definition of Open Space.


PUBLICATION AND WORKSHOPS

1. Basic Training for Land Use Commissioners, Fall 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 July 2009, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.

2. It was moved by Shurtleff and seconded by Ford to approve the payment of $95.00 to John McLeod for recording services at the meeting of July 1, 2009 (523 Carrington Road, 80 Litchfield Turnpike).
Unanimous approval.

3. It was moved by Shurtleff and seconded by Ford to approve the payment of $95.00 to John McLeod for recording services at the meeting of August 5, 2009 (80 Litchfield Turnpike, 265 Beacon Road).
Unanimous approval.






ZONING ENFORCEMENT OFFICER’S REPORT

Isabel Kearns, ZEO, reported on the following:
· 185 Beacon Road, Daniel Cusano, pertaining to Cease and Desist Order issued June 23, 2009 – Town Attorney moving forward with court proceeding.

PUBLIC HEARINGS

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

At 8:03 p.m., Chairman Huxley called to order the continuation of the public hearing on Application #2009-012. The public hearing commenced on June 3, 2009, and was previously continued to July 1, 2009. Chairman Huxley read the notice for the public hearing continuation.

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 – Revised map entitled, “Zoning Location Survey” dated January 22, 2009, revised to July 15, 2009, with hand drawn revisions prepared by Robert Hartman, owner of record.
Exhibit 3B – Three sheets of information on the light shielding installed at the property.
Exhibit 3C - Letter from Melissa and Tom Lambrecht of 96 Litchfield Turnpike, dated July 15, 2009, Re: 80 Litchfield Turnpike, Jason Hartmann, No objection to the usage of the shared driveway and parking on the north side of the house and paddock.
Exhibit 3D – Letter from Attorney Peter Cooper, representing Nancy Lewis of 76 Litchfield Turnpike, dated July 10, 2009, Re: 80 Litchfield Turnpike, Special Exception to operate boarding stable and training facility, activities excessive for this site as seen during July 9, 2009 site visit.
Exhibit 3E – Email from Paul Holmes, DOT, to Isabel Kearns, ZEO, dated July 20, 2009, Re: 80 Litchfield Turnpike, Driveway apron.

Chairman Huxley stated the Commission made a site visit on July 8, 2009.

Present for this application representing the applicant (Jason Hartmann, also present), was Attorney Dominic Caciopoli of Branford. Attorney Caciopoli addressed the concerns of Mrs. Lewis of 76 Litchfield Turnpike, as stated in letters prepared by Attorney Peter Cooper, representing Mrs. Lewis. Attorney Caciopoli reviewed the discussions he had with Dominic Iannotti, Barn Manager for Double H Farm, pertaining to the amount of traffic flow generated from the boarders of the Double H Farm, and discussion with Lance Wetmore of 120 Litchfield Turnpike, previous owner of a larger boarding stable and training facility in Bethany, pertaining to the size of the operation at Double H Farm. Attorney Caciopoli stated Mr. Hartmann has revised the parking area to address Mrs. Lewis’ concerns and the Commission’s concerns in a map revised to July 15, 2009, Mr. Hartmann reviewed the revised plan dated July 15, 2009, with the Commission members pertaining to the parking situation and the lighting on the barn.


Some Commission Members had a question or concern pertaining to the following:
· Parking
· Trespass lighting from the barn
· Traffic safety on Route 69
· Proposed stockade fencing

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

a) Attorney Peter Cooper, representing Ms. Nancy Lewis of 76 Litchfield Turnpike – Attorney Cooper stated the revised plan covers some of the problems with the Double H Farm. Attorney Cooper reviewed the parking situation, the trespass lighting onto Mrs. Lewis’ property and the screening concerns.

There being no further comments, at 8:38 p.m., Chairman Huxley closed the public hearing on the subject application.


· 265 Beacon Road-Veteran’s Memorial Park, Application #2009-020 submitted by the Town of Bethany for a Special Exception Permit to construct a pavilion

At 8:40 p.m., Chairman Huxley called to order the public hearing on Application #2009-020. 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 Quinnipiack Valley Health District, dated July 22, 2009, Re: 265 Beacon Road, Veteran’s Memorial Park, Application to construct a pavilion, more information needed to complete review.
Exhibit 1B – Letter from Quinnipiack Valley Health District, dated August 5, 2009, Re: 265 Beacon Road, Veteran’s Memorial Park, Application to construct pavilion, comments from completion of review of application.

Nicholas Poulmas of 70 Tuttle Court was representing the Town on this application. Mr. Poulmas reviewed the proposed plans for the pavilion for the Town of Bethany and the proposed use of the pavilion.

Chairman Huxley was concerned that the Commission did not receive a letter from the Fire Marshal concerning the single driveway and emergency access.

Derrylyn Gorski, First Selectman, entered the meeting at approximately 9:05 p.m. First Selectman Gorski addressed the parking situation, the portable toilets staying at the beach, and the proposed concession type kitchen in the pavilion.

Some Commission Members had a question or concern pertaining to the following:
· Capacity of parking for Lodge and Lake when events are taking place at both locations.
· Location of well
· Emergency access

Chairman Huxley then asked if there were any comments from the public. There were none.

At 9:17 p.m., Chairman Huxley closed the public hearing on the subject application.


At 9:17 p.m., Chairman Huxley recessed the regular meeting and reconvened at 9:26 p.m.


NEW BUSINESS

1. 241 Fairwood Road, Apt. B, Application #2009-021 submitted by Jeremy Gould for a Home Occupation Permit to operate a home office for a home improvement business – Present for this application was Jeremy Gould, applicant. The Commission received the application. Chairman Huxley reviewed the contents of the application file and read the letter received from the SCC Regional Water Authority dated July 29, 2009. Mr. Gould briefly reviewed the proposed business. Isabel Kearns, ZEO, prepared a draft resolution. The Commission discussed and proceeded to deliberate. It was moved by Shurtleff and seconded by Winer to approve the following resolution for Application #2009-021:

Whereas, Janet Brinton, owner of 241 Fairwood Road, gave authorization for Jeremy Gould to apply for this Home Occupation Permit in a letter dated July 6, 2009;

Whereas, Jeremy Gould of 241 Fairwood Road, Apartment B, applied to the Planning and Zoning Commission for a Home Occupation Permit to operate a home office for a home improvement business;

Whereas, the Commission at its regular meeting of August 5, 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:

Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on July 27, 2009 indicating her approval.
Rod White, Fire Marshal, signed off on the back of the application form on July 30, 2009, indicating his approval.
Michael Guaglianone of the SCC Regional Water Authority submitted a letter dated July 29, 2009, in which he states the proposed use does not appear to involve any significant impact to the public water supply.


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 Application #2009-021 submitted by Jeremy Gould for a Home Occupation Permit to operate a home office for a home improvement business, as outlined in the Statement of Use and with the following conditions of approval:

1) There shall be no outside storage of any kind.
2) As represented in the Statement of Use dated July 7, 2009, there will be no employees and no client contact on the premises.
Vote 5 to 0.
Voting for: Huxley, Shurtleff, Ford, Winer, Shea.
Opposed: No one.
Abstained: No one.
Unanimous approval.

2. 369 Bethmour Road, Application #2009-022 submitted by Margaret Duke for a Home Occupation Permit to operate a home office for several buildings – Present for this application was Margaret Duke, applicant and owner of record. The Commission received the application. Chairman Huxley reviewed the contents of the application file. Ms Duke briefly reviewed the proposed business. Isabel Kearns, ZEO, prepared a draft resolution. The Commission discussed and proceeded to deliberate. It was moved by Shea and seconded by Winer to approve the following resolution for Application #2009-022:

Whereas, Margaret Duke owner of 369 Bethmour Road, applied to the Planning and Zoning Commission for a Home Occupation Permit to operate a home office for several businesses;

Whereas, the Commission at its regular meeting of August 5, 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 August 3, 2009, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on July 27, 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, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves Application #2009-022 submitted by Margaret Duke for a Home Occupation Permit to operate a home office for several businesses in her home as outlined in the Statement of Use and with the following conditions of approval:



There shall be no recording studio on premises.
As represented in the Statement of Use dated July 23, 2009, there will be no employees and no client contact on the premises.
Vote 5 to 0.
Voting for: Huxley, Shurtleff, Ford, Winer, Shea.
Opposed: No one.
Abstained: No one.
Unanimous approval.

3. 190 Sperry Road, Application #2009-023 submitted by Yvette Wall (Wall Associates, CPA) for a Professional Office/Accounting Business – Present for this application was Yvette Wall, applicant and owner of record. The Commission received the application. Chairman Huxley reviewed the contents of the application file and read the letter received from the SCC Regional Water Authority dated August 4, 2009. Ms. Wall briefly reviewed the proposed business. Isabel Kearns, ZEO, prepared a draft resolution. The Commission discussed and proceeded to deliberate. It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2009-023:

Whereas, Yvette Wall owner of 190 Sperry Road, applied to the Planning and Zoning Commission for a Home Occupation Permit for a professional office to operate an accounting business (Wall Associates, CPA) at 190 Sperry Road;

Whereas, the Commission at its regular meeting of August 5, 2009, considered the Statement of Use, narrative, testimony and other pertinent application information relating to this professional office application;

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

Lynn Fox, Quinnipiack Valley Health District representative, signed off on the back of the application form on July 27, 2009, indicating her approval.
Rod White, Fire Marshal, signed off on the back of the application form on July 31, 2009, indicating his approval.
The Commission received a letter dated August 4, 2009, from Ronald Walters of the SCC Regional Water Authority, in which he states that they have no comments to offer.

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 Yvette Wall for a Home Occupation Permit to operate a professional office/accounting business (Wall Associates, CPA) in her home as outlined in the Statement of Use and with the following condition of approval:
1) As outlined in the Statement of Use dated July 30, 2009, there shall be only one part-time employee.




Vote 5 to 0.
Voting for: Huxley, Shurtleff, Ford, Winer, Shea.
Opposed: No one.
Abstained: No one.
Unanimous approval.


4. 234 Amity Road, Application #2009-024 submitted by Surreybrook Preschool and Child Development Center (Kathy Consoli) for a Change of Use from Sunroom Showroom to Day Care Center – Present for this application was Kathy Consoli, applicant and owner of record. The Commission received the application. Chairman Huxley reviewed the contents of the application file and read the letter received from the SCC Regional Water Authority dated August 3, 2009. Ms. Consoli briefly reviewed the proposed change of use. Isabel Kearns, ZEO, prepared a draft resolution. The Commission discussed and proceeded to deliberate. It was moved by Ford and seconded by Shurtleff to approve the following resolution for Application #2009-024:

Whereas, Kathy Consoli, owner of 234 Amity Road, applied on August 5, 2009, to the Bethany Planning and Zoning Commission for a Change of Use Permit to expand the existing Surreybrook Preschool and Child Development Center, LLC into other portions of the building known as 234 Amity Road (as shown on the floor plan submitted July 24, 2009);

Whereas, the Commission, at its regular meeting of August 5, 2009, considered the application information, Statement of Use, testimony and other pertinent information relating to a request for the Change of Use Permit to expand the existing Surreybrook Preschool and Child Development Center, LLC into other portions of the building known as 234 Amity Road (as shown on the floor plan submitted July 24, 2009);

Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;

Now Therefore the Commission makes the following findings of fact:

1) The Commission received a letter dated August 5, 2009, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District, in which it states that the sub surface sewage disposal system has been approved and can accommodate a maximum of 65 children and 15 staff members.
2) Rod White, Fire Marshal, signed off on the back of the application form on July 30, 2009 indicating his approval.
3) Michael Guaglianone of the SCC Regional Water Authority submitted a letter dated August 3, 2009, in which he stated the proposed use does not appear to represent any significant risk to the public drinking water supply.




Now Therefore Be It Resolved, that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves Application #2009-024 submitted by Kathy Consoli for a Change of Use Permit to expand the existing Surreybrook Preschool and Child Development Center, LLC into other portions of the building known at 234 Amity Road (as shown on floor plan dated July 24, 2009, prepared by the applicant), as presented in the application, Statement of Use and testimony and with the following conditions:
1) A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
2) The Fire Marshal must sign off prior to a certificate of occupancy.
3) Per the letter dated August 3, 2009 from Michael Guaglianone of the SCC Regional Water Authority, the dumpster shall be set on an impervious surface.
Vote 5 to 0.
Voting for: Huxley, Shurtleff, Ford, Winer, Shea.
Opposed: No one.
Abstained: No one.
Unanimous approval.


5. 190 Sperry Road, Application #2009-025 submitted by Yvette Wall for a 2’ by 2’ Sign Permit – Present for this application was Yvette Wall, applicant and owner of record. The Commission received the application. Chairman Huxley reviewed the contents of the application file. Ms. Wall briefly reviewed the proposed sign. Isabel Kearns, ZEO, prepared a draft resolution. The Commission discussed and proceeded to deliberate. It was moved by Shurtleff and seconded by Shea to approve the following resolution for Application #2009-025:

Whereas, Yvette Wall owner of 190 Sperry Road, applied to the Planning and Zoning Commission for a 2’ by 2’ sign permit to advertise for a professional office/Wall Associates CPA at 190 Sperry Road;

Whereas, the Commission at its regular meeting of August 5, 2009, considered testimony and other pertinent application information relating to this sign permit application;

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

Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on July 30, 2009 indicating her approval.
Rod White, Fire Marshal, signed off on the back of the application form on July 30, 2009 indicating his approval.





Now Therefore Be It Resolved, that pursuant to Section 6 of the Town of Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves Application #2009-025 submitted by Yvette Wall for a Sign Permit to place a 2’ by 2’ sign to advertise for a professional office/accounting business (Wall Associates, CPA) in her home and with the following condition of approval:
1) The sign shall not be illuminated.
Vote 5 to 0.
Voting for: Huxley, Shurtleff, Ford, Winer, Shea.
Opposed: No one.
Abstained: No one.
Unanimous approval.


OLD BUSINESS

1. 80 Litchfield Turnpike, Application #2009-012 submitted by Jason R. Hartmann (Double H Farm) for a Special Exception Permit to operate a boarding stable and training facility – Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Ford and seconded by Shurtleff to approve the following resolution for Application #2009-012:

Whereas, Robert D. Hartmann, owner of 80 Litchfield Turnpike, authorized Jason Hartmann to act on his behalf to obtain a Special Exception Permit for a boarding stable and training facility at 80 Litchfield Turnpike;

Whereas, Jason Hartmann applied for a Special Exception Permit for a boarding stable (maximum 12 horses) and training facility at 80 Litchfield Turnpike on May 1, 2009;

Whereas, the Commission opened a public hearing on this application on June 3, 2009, and continued the public hearing twice until July 1, 2009, and then August 5, 2009. Said hearing was closed at the conclusion of testimony on August 5, 2009;

Whereas, the Commission at its regular meeting also held on August 5, 2009, considered the maps, testimony and other pertinent application information relating to a request for a Special Exception Permit for a boarding stable and training facility application at 80 Litchfield Turnpike;

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

1) Alexis Rinaldi, Quinnipiack Valley Health District Representative, signed off on the back of the application form on April 7, 2009, indicating her approval.



2) The Planning and Zoning Commission received correspondence dated May 4, 2009, from the Inland Wetlands Commission stating that no Inland Wetlands Commission action is required for the proposed activity.
3) The Planning and Zoning Commission received correspondence from Ronald Walters of the SCC Regional Water Authority dated May 11, 2009 stating that, “The storage of manure should conform to Section 19-13-B21(b) and 19-13-B32 of the Public Health Code of the State of Connecticut. The Commission received a subsequent letter dated June 4, 2009, clarifying that the application was for a boarding stable and training facility.
4) Michael Katzmark, Bethany Volunteer Fire Department Representative, signed off on the back of the application form and commented that this may require a visit from the Fire Marshal.
5) Rod White, Fire Marshal, signed off on the back of the application form on May 1, 2009, indicating his approval.
6) The Planning and Zoning Commission received correspondence submitted May 28, 2009. It is an unsigned letter referencing Application #2009-012 stating the intentions of the Hartmann Family with regard to a commercial stable, hours of operation, employees and parking.

Now Therefore Be It Resolved, that pursuant to Section 4.1.A of the Zoning Regulations of the Town of Bethany, amended to August 27, 2008, the Commission hereby approves Application #2009-012 submitted by Jason Hartmann for a Special Exception Permit to operate a boarding stable and training facility located 80 Litchfield Turnpike, located in the R-130 Zone and in accordance with the following submitted plan prepared by Robert Hartmann and with hand drawn revisions:
· “Zoning Location Survey, Lot 1, 80 Litchfield Turnpike, Bethany, Connecticut”, dated January 22, 2009, revised to July 15, 2009.

and with the following conditions:

1) The maximum number of horses on this property shall be 12 (twelve).
2) No additional lighting shall be installed.
3) The training operation shall cease at dusk.
4) Riding lessons shall be limited to the indicated riding arena which is adjacent to the barn.
5) There shall be no competitions on the premises.
6) All manure shall be stored in a covered dumpster and shall be removed as needed. There shall be no stockpiling of manure.
7) The Commission has declined at this time that additional stockade fencing, as shown on the plan, is not required; however, it reserves the right to look back at the issue in 9 (nine) months from the date of approval to determine whether any additional screening is required at that time.





Vote 5 to 0.
Voting for: Huxley, Shurtleff, Ford, Winer, Shea.
Opposed: No one.
Abstained: No one.
Unanimous approval.

2. 80 Litchfield Turnpike (Double H Farm), Application #2009-019 submitted by Jason Hartmann for a Sign Permit – 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 #2009-019:

Whereas, the maximum allowable square footage for signage for this property is 4 square feet;

Whereas, this application is for a 2’ by 2’ sign;

Whereas, this application meets the zoning requirement for signage;

Now Therefore Be It Resolved, that pursuant to Section 6 of the Town of Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves Application #2009-019 submitted by Jason Hartmann for a Sign Permit to place a 2’ by 2’ sign located at 80 Litchfield Turnpike and with the following condition of approval:
1) The sign shall be located on the north side of the driveway and shall be placed so that it does not block the site line onto Route 69.
Vote 5 to 0.
Voting for: Huxley, Shurtleff, Ford, Winer, Shea.
Opposed: No one.
Abstained: No one.
Unanimous approval.

3. 265 Beacon Road – Veteran’s Memorial Park, Application #2009-020 submitted by the Town of Bethany for a Special Exception Permit to construct a pavilion – Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Ford and seconded by Winer to approve the following resolution for Application #2009-020:

Whereas, the Town of Bethany applied on July 1, 2009, to the Bethany Planning and Zoning Commission for a Special Exception Permit to construct a pavilion at Veteran’s Memorial Park at 265 Beacon Road;

Whereas, the Commission opened a public hearing on August 5, 2009, for this Special Exception Permit to construct a pavilion at 265 Beacon Road;




Whereas, the public hearing was closed at the conclusion of testimony on August 5, 2009;

Whereas, the Commission also at its meeting of August 5, 2009, considered testimony and other pertinent application information relating to this Special Exception Permit to construct a pavilion at 265 Beacon Road;

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

1) Inland Wetlands Permit #593-M-6 has been issued for this site development.
2) Refer to the letter dated August 5, 2009 from Quinnipiack Valley Health District and take note of the fact it limits the number of attendees under different conditions.
3) Rod White, Fire Marshal, signed off on the back of the application form indicating his approval on July 30, 2009.

Now Therefore Be It Resolved that pursuant to Section 4.4.A of the Town of Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves Application #2009-020 submitted by the Town of Bethany for a Special Exception Permit to construct a pavilion at Veteran’s Memorial Park at 265 Beacon Road based on the following plans prepared by Nafis & Young, Northford, Connecticut:
A. “Proposed Pavilion”, dated July 13, 2009, with no revisions.
B. “Floor Plan”, dated June 5, 2009, with no revisions.
C. “Elevations”, dated June 5, 2009, with no revisions.
D. “Plumbing and Electrical”, dated June 5, 2009, with no revisions.
E. “Details”, dated June 5, 2009, with no revisions.

and with the following condition:
1) The Commission requests confirmation from the Fire Marshal and the Fire Department regarding sufficiency of the emergency access consistent with their respective jurisdictions.
Vote 5 to 0.
Voting for: Huxley, Shurtleff, Ford, Winer, Shea.
Opposed: No one.
Abstained: No one.
Unanimous approval.

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 – Hiram Peck, Planning Consultant, handed out copies of a booklet “Wind Power Today” and spoke briefly pertaining to the height of Windmills. Tabled.





6. Town Plan Revision – Discussion and possible action – 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 Shea and seconded by Shurtleff to adjourn the regular meeting at 10:05 p.m.
Unanimous approval.

Respectfully submitted,



Antonia Marek, Clerk
For the Planning and Zoning Commission