MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, FEBRUARY 3, 2010 Page 1 of 8
The regular meeting of the Planning and Zoning Commission was called to order at 7:00 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
Mary Shurtleff, Member, arrived at 7:07 p.m.
Patricia Winer, Member
Marc Adelberg, Alternate Member
Donald Shea Jr., Alternate Member, seated as second alternate as needed.
Nellie Rabinowitz, Alternate Member, seated as first alternate as needed.
The following Commission member was absent or excused:
John Ford
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Hiram Peck, Planning Consultant
APPROVAL OF MINUTES
1. It was moved by Spear and seconded by Shea, to approve as submitted the minutes of the January 6, 2010, Regular Meeting.
Voting for: Huxley, Spear, Winer, Rabinowitz, Shea.
Unanimous approval.
2. It was moved by Winer and seconded by Spear to approve as submitted the minutes of the January 17, 2010, Public hearing continuation/Site visit/Special Meeting.
Abstained: Huxley
Voting for: Spear, Winer, Rabinowitz, Shea.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from SCC Regional Planning Commission, dated January 15, 2010, Re: Comments from review of proposed Zoning Regulation Amendments to Section 8.3.B.3 – Notice to Abutting Property Owners; Section 14.1.B.5.e – Zoning Variances; Section 14.3.C – Public Hearings.
2. Letter from Marian Doering of 56 Downs Road, dated January 21, 2010, Re: Neighbor of 63 Downs Road, Simon, concerned with water problems.
3. Letter from Joan Jackson of 72 Downs Road, dated January 17, 2010, Re: Neighbor of 63 Downs Road, Simon, concerned with runoff from site.
4. Letter from Dennis and Patricia Colwell of 86 Downs Road, dated January 19, 2010, Re: Neighbor of 63 Downs Road, Simon, concerned with water problems.
5. Letter from SCC Regional Water Authority, dated January 25, 2010, Re: Review comments for Application #1022-M-1, 63 Downs Road.
6. Letter from Earl Sickinger owner of 121 Amity Road, dated January 11, 2010, Re: Reopening of delicatessen at 121 Amity Road.
7. Letter from QVHD to Earl Sickinger, owner of 119 Amity Road, dated January 22, 2010, Re: Proposed new food service Big E’s Gas and Grill, 119 Amity Road.
8. Letter from Isabel Kearns, ZEO, to MWP, LLC, dated January 11, 2010, Re: Notice of Violation of Section 8 of the Bethany Zoning Regulations for the property located at 94 and 100 Mesa Drive.
PUBLICATIONS AND WORKSHOPS
1. Annual Meeting of the Connecticut Association of Wetland Scientists on Tuesday, February 23, 2010 at Mountain Ridge in Wallingford, CT.
BILLS
1. It was moved by Shea and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for January 2010, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT and appropriate Commission action
Isabel Kearns, ZEO, reported on the following:
Ms. Kearns distributed a draft letter addressed to Daniel Cusano of 185 Beacon Road pertaining to the second notice of violation to Section 4 of the Zoning Regulations for the Commission to review.
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Also, Ms. Kearns stated she will be issuing a second notice of “Correction Enforcement Notice” to Mr. and Mrs. Todd Ryker of 2 Clay Road for conducting a “regulated activity” within a wetland and its upland review area and will be issuing a “Notice of Violation” to John and William Ciola for 5 Amity Road and 10 Round Hill Road for stockpiling of logs and mulch with out a zoning permit.
It was moved by Shurtleff and seconded by Spear to move to the items of New Business.
Unanimous approval.
NEW BUSINESS
1. 63 Downs Road, Application #2010-003 submitted by Roger and Mary Ellen Simon for a Site Plan Modification - The Commission formally received the application. Present to speak on behalf of the application were Roger and Mary Ellen Simon, applicants and owners of record.
Mr. Simon reviewed the proposed project noting:
· The barn has not been built at this time and would like to extend the permit.
· The original plan showed a toilet and sink; not changing anything.
· The water runoff is coming from Downs Road. Storm water basins have not been cleaned.
· This property is a large piece and needs to be maintained. Would like to keep equipment in barn.
Chairman Huxley stated the Commission received correspondence from the neighbors on Downs Road with water runoff concerns and feels it would be appropriate to hold a public hearing.
Isabel Kearns, ZEO, stated the applicant was originally submitting for an extension of the original permit but there were revisions to the plan so is submitting for a site plan modification.
In discussion, Commission members noted:
· Need to review what was originally approved in 2005.
· Discussed clear cutting on the property.
· Approved by QVHD on January 11, 2010.
· Modifications might have been made because of conditions of approval of original permit.
The Commission scheduled a public hearing date of Wednesday, March 3, 2010, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
2. 788 Amity Road, Application #2010-004 submitted by Anthony and Gail Vallillo for a Site Plan Modification – Place modular building at end of existing kennel for training purposes only -The Commission formally received the application. Present to speak on behalf of the application was AnthonyVallillo, applicant and owner of record.
Mr. Vallillo reviewed the proposed project noting:
· Installing a sink and toilet which is tied into septic system and approved by QVHD.
· Less police dogs and more personal dog training.
· This modular building is for training purposes only.
· Proposed building is a totally closed building with insulation.
In discussion, Commission members noted:
· Any dogs housed in proposed building. Is building sound proof to protect neighbors? No dogs will remain overnight in this building shall be a condition.
· Any more employees? Mr. Vallillo commented no.
· Need to come back with information for sound proofing.
Isabel Kearns, ZEO, prepared a draft resolution and Commission members reviewed and proceeded to deliberate.
It was moved by Winer and seconded Shurtleff to approve the following resolution for Application #2010-004 as follows:
Whereas, Anthony and Gail Vallillo applied on February 3, 2010, to the Bethany Planning and Zoning Commission for a Site Plan Modification (#2010-004);
Whereas, the Commission, at its regular meeting held on February 3, 2010, considered the maps, narrative, testimony and other pertinent information relating to a request for a Site Plan Modification to locate a 25-foot by 50-foot modular building (#2010-004);
Now Therefore, the Commission makes the following findings of fact and decision regarding the application:
1) Cindy Gaudino of the Connecticut Water Company responded that she has no concerns in an e-mail dated February 3, 2010.
2) Quinnipiack Valley Health District Permit #1173 was issued for the placement of a detached mobile office trailer at 788 Amity Road.
3) Rod White, Fire Marshal, signed off on the back of the application form indicating his approval on February 3, 2010.
4) The Planning and Zoning Commission received a letter dated February 2, 2010, from the Inland Wetland Commission, which stated that this application does not require any Inland Wetland Commission action.
Now Therefore Be It Resolved, the pursuant to Section 5.2.A of the Bethany Zoning Regulations, amended to September 15, 2008, the Bethany Planning and Zoning Commission approves the Site Plan Modification (#2010-004) in accordance with the submitted plan, untitled, with hand drawn revisions prepared by the applicant and submitted on February 3, 2010, and with the following condition:
1) No dogs to remain overnight in the training facility.
Unanimous approval.
3. 770 Amity Road (Preliminary Discussion pertaining to possible use of property) –
Present for this discussion was Gail Vallillo who is interested in purchasing abutting property at 770 Amity Road. Would like to expand business for Kitty Cattery, Pet Store and Grooming.
PUBLIC HEARINGS
· Proposed amendments to the Bethany Zoning Regulations in Section 8 – Earth Removal, Excavation, Filling, Stockpiling and Grading under Section 8.3.B.3 – Notice to Abutting Property Owners and Section 14 – Zoning Board of Appeals under Section 14.1.B.5.e – Zoning Variances and Section 14.3 – Public Hearings
At 7:30 p.m., Chairman Huxley called to order the public hearing on the proposed amendments. 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 Planning Commission, dated January 15, 2010, Re: Comments from review of proposed Zoning Regulation Amendments to Section 8.3.B.3 – Notice to Abutting Property Owners; Section 14.1.B.5.e – Zoning Variances; Section 14.3.C – Public Hearings.
At 7:40 p.m., due to defective notice (Town of Prospect not notified), the public hearing was recessed and continued to the next regular meeting on Wednesday, March 3, 2010, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
· 26 and 46 Mesa Drive, Application #2009-026 for a Special Exception Permit for Two (2) Rear Lots, Application #2009-027 for a Thirteen Lot Subdivision (Woodward Estates), Application #2009-028 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit submitted by Alan Shepard P.E. for James W. Woodward Jr.
At 7:41 p.m., Chairman Huxley called to order the public hearing continuation on Applications #2009-026, #2009-027 and #2009-028. The call for the public hearing continuation was read. The hearing was opened on January 6, 2010, site visit on January 17, 2010.
Marc Adelberg, Alternate member, recused himself.
Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
A. Exhibit 2A – Letter with review comments for the Woodward Subdivision Special Exception Earth Excavation from Isabel Kearns, ZEO, dated January 22, 2010.
B. Exhibit 2B – Letter from NOK dated January 26, 2010, Re: Response to review letter from the ZEO dated January 22, 2010, Woodward Subdivision.
C. Exhibit 2C – Letter from Nafis and Young, dated January 28, 2010, Re: Review comments from the proposed subdivision plans for Woodward Estates.
D. Exhibit 2D – Submitted by Al Shepard, maps prepared by NOK entitled as follows:
· “Earth Excavation Plan (1 of 2)”, dated January 20, 2010, revised to January 26, 2010.
· “Earth Excavation Plan (1 of 2)”, dated January 20, 2010, revised to January 26, 2010.
E. Exhibit 2E – Submitted by Ken Martin, letter from Bethany Conservation Commission, dated February 3, 2010, Re: Conservation Commission’s concerns pertaining to the proposed Woodward Estates Subdivision.
The Commission conducted a site visit on January 17, 2010, and individually noted their concerns.
Present to speak on behalf of the application was Alan Shepard, P.E., and partner with the firm Nowakowski, O’Bymachow and Kane, Shelton, CT, representing the owner of record, Mr. James W. Woodward, Jr. who was also present.
Mr. Shepard submitted and reviewed the Earth Excavation Plans (Exhibit 2D). Mr. Shepard also reviewed the comment letter from Nafis and Young dated January 28, 2010 (Exhibit 2B).
Commission members commented and discussed their concerns.
Chairman Huxley then asked if there were any comments from the public. The following public members spoke:
1) Mark Cullen of 69 Tawney Drive
2) Don Murphy of 67 Tawney Drive
3) Dorothy Bedan of 15 Tawney Drive
4) Marc Adelberg of 29 Mesa Drive
5) F. Xu of 71 Mesa Drive
Ken Martin, Chairman of the Conservation Commission, submitted and reviewed a comment letter from the Conservation Commission (Exhibit 2E) with the Conservation Commission’s concerns.
Mr. Woodward submitted a letter of consent to extension of time to continue the public hearing for 30 days on the subject applications.
At 9:30 p.m., Chairman Huxley recessed the public hearing and continued it to the next regular meeting scheduled for Wednesday, March 3, 2010, in the Commission Meeting Room of the Bethany Town Hall.
OLD BUSINESS
1. 26 and 46 Mesa Drive, Application #2009-026, submitted by Al Shepard, P.E. For J. Woodward for a Special Exception Permit for Two Rear Lots – Public hearing continued to March 3, 2010. Tabled.
2. 26 and 46 Mesa Drive, Application #2009-027, submitted by Al Shepard, P.E. For J. Woodward for a Thirteen-Lot Subdivision – Public hearing continued to March 3, 2010. Tabled.
3. 26 and 46 Mesa Drive, Application #2009-026, submitted by Al Shepard, P.E. For J. Woodward for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – Public hearing continued to March 3, 2010. Tabled.
4. Proposed amendments to the Bethany Zoning Regulations in Section 8 – Earth Removal, Excavation, Filling, Stockpiling and Grading under Section 8.3.B.3 – Notice to Abutting Property Owners and Section 14 – Zoning Board of Appeals under Section 14.1.B.5.e – Zoning Variances and Section 14.3 – Public Hearings – Public hearing continued to March 3, 2010. Tabled.
5. Discuss increasing application fees – Will ask staff at next regular meeting to pull costs of legal fees. Also discussed putting legal’s on website. Tabled.
6. Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.
7. Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Public hearing scheduled for March 3, 2010. Tabled.
8. Town Plan Revision – Discussion and possible action – Ken Martin, Chairman of the Conservation Commission, stated Open Space Plan is completed. Mr. Peck stated only two lines need to be changed on the draft. The Commission scheduled a hearing date for the draft Town Plan of Conservation and Development for Wednesday, April 7, 2010. Tabled.
9. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.
10. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.
11. Update on Halter Estates – Tabled.
It was moved by Shurtleff and seconded by Spear to adjourn the regular meeting at 9:52 p.m.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
