Friday, November 20, 2009

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, NOVEMBER 4, 2009 Page 1 of 5

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
Melissa Spear, Vice-Chairman
John Ford, Member, arrived at 7:37 p.m.
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member
Nelly Rabinowitz, Alternate Member, seated as a voting member as needed.

The following Commission members were absent or excused:
Donald Shea Jr., Alternate Member

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


It was moved by Shurtleff and seconded by Spear to move to the items of New Business.
Unanimous approval.


NEW BUSINESS

1. 5 Amity Road – Country Companions Veterinary Services, Application #2009-029 submitted by Bill Ciola/Kimberly McClure Brinton for a Change of Use to conduct behavior classes/counseling and large animal work area - The Commission formally received the application. Present to speak on behalf of the application was Bill Ciola, owner of record and Kimberly McClure Brinton, applicant.

Mrs. Brinton reviewed the proposed project noting:
· She will be conducting behavior classes inside for small and large animals in the north end of the building.

In discussion, Commission members noted:
· The applicant received signoffs from QVHD and Fire Marshal.
· Any replacement of lamp posts with larger ones, the Commission would like full cut off lighting.

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


It was moved by Spear and seconded by Shurtleff to approve the following resolution for Application #2009-029 for property located at 5 Amity Road:

Whereas, William Ciola applied on November 4, 2009, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate behavior classes/counseling and large animal work area, for the Country Companions Veterinary Services located next door at 9 Amity Road;

Whereas, the Commission, at its regular meeting of November 4, 2009, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate behavior classes/counseling and large animal work area, for the Country Companions Veterinary Services located next door at 9 Amity Road;

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) Paul Fernald of the Quinnipiack Valley Health District, signed off on the back of the application form on October 26, 2009, indicating his approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on October 29, 2009, indicating his approval.
3) Ronald Walters of the Regional Water Authority submitted an email dated November 3, 2009, stating that he has no comments on this application.

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 the Change of Use Permit to operate behavior classes/counseling and large animal work area, for the Country Companions Veterinary Services located next door at 9 Amity Road (Application #2009-029), 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) If any exterior light fixtures are replaced, they shall be full cut off lighting.
Unanimous approval.

OLD BUSINESS

1. 26 and 46 Mesa Drive, Application #2009-026 submitted by Alan Shepard, P.E. for James W. Woodward Jr. for a Special Exception Permit for Two (2) Rear Lots – Chairman Huxley stated the applications were sent out for Staff Review. Hiram Peck, Planning Consultant, submitted a memo dated October 20, 2009, revised to October 31, 2009, with his review comments on the proposed Woodward Estates and suggested the Commission schedule a site


visit. Both Hiram Peck, Planning Consultant, and Isabel Kearns, Zoning Enforcement Officer, recommended the Commission schedule a public hearing. The Commission
scheduled a public hearing for Wednesday, December 2, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. The Commission also scheduled a site visit for Sunday, December 6, 2009, at 10:00 a.m. Commission members to meet at the site. Tabled.

2. 26 and 46 Mesa Drive, Application #2009-027 submitted by Alan Shepard, P.E. for James W. Woodward Jr. for a Thirteen Lot Subdivision – Woodward Estates – Chairman Huxley stated the applications were sent out for Staff Review. Hiram Peck, Planning Consultant, submitted a memo dated October 20, 2009, revised to October 31, 2009, with his review comments on the proposed Woodward Estates and suggested the Commission schedule a site visit. Both Hiram Peck, Planning Consultant, and Isabel Kearns, Zoning Enforcement Officer, recommended the Commission schedule a public hearing. The Commission scheduled a public hearing for Wednesday, December 2, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. The Commission also scheduled a site visit for Sunday, December 6, 2009, at 10:00 a.m. Commission members to meet at the site. Tabled.

3. 26 and 46 Mesa Drive, Application #2009-028 submitted by Alan Shepard, P.E. for James W. Woodward Jr. for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – Chairman Huxley stated the applications were sent out for Staff Review. Hiram Peck, Planning Consultant, submitted a memo dated October 20, 2009, revised to October 31, 2009, with his review comments on the proposed Woodward Estates and suggested the Commission schedule a site visit. Both Hiram Peck, Planning Consultant, and Isabel Kearns, Zoning Enforcement Officer, recommended the Commission schedule a public hearing. The Commission scheduled a public hearing for Wednesday, December 2, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. The Commission also scheduled a site visit for Sunday, December 6, 2009, at 10:00 a.m. Commission members to meet at the site. Tabled.


APPROVAL OF MINUTES

1. It was moved by Shurtleff and seconded by Spear to approve, as submitted, the minutes of the October 7, 2009, Regular Meeting.
Voting for: Huxley, Spear, Ford, Shurtleff, Rabinowitz,
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from SCC Regional Water Authority to Isabel Kearns, ZEO, dated November 3, 2009, Re: Review of Application #2009-009, 5 Amity Road, change of use.


2. Letter from Quinnipiack Valley Health District, dated January 29, 2008, Re: Review of plans for Woodward Estates, Mesa Drive, Creation of a thirteen lot subdivision.
3. Memo from Hiram Peck, Planning Consultant, revised to October 31, 2009, Review of Woodward Estates, Mesa Drive, 13-lot subdivision.
4. Email from Eugene Livshits, SCRCOG, dated October 20, 2009, Re: Town of Hamden proposed amendments to their Zoning Regulations and Zoning Map. Chairman Huxley stated the Town of Hamden is using the Village District Regulations to identify and preserve all of their smaller villages in the Town of Hamden and to maintain their character.


PUBLICATION AND WORKSHOPS

1. Clearscapes, Newsletter of the Center for Land Use Education and Research at the University of Connecticut, Fall 2009.
2. Connecticut Technology Transfer, Fall 2009.


BILLS

1. It was moved by Spear and seconded by Shurtleff to approve the payment of $1,000.00 (monthly pro rata basis) for services rendered for October 2009, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.


OTHER BUSINESS

Hiram Peck, Planning Consultant, reported on the outcome of attending the public hearing at the Beacon Falls Town Hall pertaining to Chatfield Farms. Mr. Peck stated that he spoke to the Beacon Falls Planning and Zoning Commission about not being noticed for the Chatfield Farms public hearing and that the Town of Bethany would like to be notified in the future as required.


ZONING ENFORCEMENT OFFICER’S REPORT

There was no report from ZEO.


OLD BUSINESS (continued)

4. Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.





5. Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Hiram Peck, Planning Consultant, submitted a draft regulation dated October 30, 2009, and discussed with Commission. Mr. Peck asked Commission members to review and decide if the Commission would like to go further. Chairman Huxley asked the Clerk to send the draft regulation to the Conservation Commission and ask them to participate in the review. Chairman Huxley asked Karen Walton, Assistant ZEO, to research if there are any building codes provisions that would cover solar wind energy systems. Tabled.

6. Town Plan Revision – Discussion and possible action – A revised draft of the Town Plan was distributed to all Commission Members. Commission members discussed and suggestions were submitted by Commission Members and Staff. Hiram Peck, Planning Consultant will add in pictures and maps to the draft Town Plan. Melissa Spear, will revise town plan with comments received and resend to Commission. 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 – A Town Meeting was held on November 3, 2009, and the ordinance passed.

10. Update on Halter Estates – Tabled.



It was moved by Spear and seconded by Shurtleff to adjourn the regular meeting at 8:50 p.m.
Unanimous approval.

Respectfully submitted,


Antonia Marek, Clerk
For the Planning and Zoning Commission