Wednesday, June 9, 2010

MINUTES OF THE BETHANY PLANNNG AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JUNE 2, 2010 Page 1 of 24

The regular meeting of the Planning and Zoning Commission was called to order at 7:04 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 IV, Member
Mary Shurtleff, Member
Donald Shea Jr., Alternate Member, seated as a voting member.
Marc Adelberg, Alternate Member, seated as a voting member.
Nellie Rabinowitz, Alternate Member

The following Commission members were excused or absent:
Melissa Spear, Vice-Chairman
Patricia Winer, Member

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


APPROVAL OF MINUTES

1. It was moved by Shurtleff and seconded by Shea to approve, as submitted, the minutes of the May 5, 2010, Regular Meeting.
Voting for: Huxley, Shurtleff, Shea, Adelberg.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from South Central CT Regional Planning Commission, dated May 13, 2010, Re: Review comments on proposed Zoning Regulation Amendments to Bethany Floodplain Management Regulations.
2. Letter from John Paul Garcia, dated May 28, 2010, Re: Special Exception Application for 116 Sperry Road.
3. Email from Eugene Livshits of SCC RPC, dated May 11, 2010, Re: Town of Woodbridge submittal of proposed Zoning Amendments to Sign and Artificial Lighting Regulations and Flood Hazard Area Regulations.
4. Letter from South Central CT Regional Planning Commission, dated May 13, 2010, Re: Review comments on proposed Zoning Regulation Amendments to Woodbridge Revisions to the Flood Hazard Area Regulations.
5. Letter from South Central CT Regional Planning Commission, dated May 13, 2010, Re: Review comments on proposed Zoning Regulation Amendments to Woodbridge Revisions to the Signs and Artificial Lighting Regulations.


6. Copy of referral from Council of Governments of the Central Naugatuck Valley, dated May 10, 2010, Re: Review comments on proposed Beacon Falls Zoning Regulation Amendments.
7. Notice of public hearing from the Town of Beacon Falls, submitted May 11, 2010, Re: Public hearing on June 9, 2010, on proposed Zoning Regulation Amendments to Beacon Falls Aquifer Protection Area Regulations.


PUBLICATIONS AND WORKSHOPS

1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2010.


BILLS

1. It was moved by Shea and seconded by Shurtleff to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for May 2010, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.

2. It was moved by Shurtleff and seconded by Shea to approve the payment of a bill for $95.00, dated May 5, 2010, from John McLeod (Court Stenographer) for recording services for public hearings (443 Fairwood Road, 860 Carrington Road, Zoning Amendments).
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO, reported on the following:

185 Beacon Road – Ms. Kearns stated she sent out a Cease and Desist Order, dated May 5, 2010, and that the property owner has not been parking the tractor trailers at the subject property and is working towards compliance with the Zoning Regulations.

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









NEW BUSINESS

1) 437 and 443 Fairwood Road, Application #2010-011 submitted by EMG Properties LLC for an Administrative Earth Removal, Excavation, Filling, Stockpiling & Grading Permit – The Commission formally received the application. Chairman Huxley stated this application will be discussed during the public hearing with the other applications for 437 and 443 Fairwood Road.

The following resolution was acted on after the public hearing for 437 and 443 Fairwood Road was closed.

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Shea and seconded by Shurtleff to approve the following resolution for Application #2010-011:

Whereas, the owner of the property, EMG Properties, LLC, applied on June 2, 2010, to the Bethany Planning and Zoning Commission for an Administrative Earth Removal, Excavation, Filling, Stockpiling and Grading Permit for site work associated with the development of 437 and 443 Fairwood Road;

Whereas, the applicant proposes to remove 4,700 cubic yards of earth material and fill 3,045 cubic yards of material in the development of these two sites;

Whereas, the Commission at its regular meeting of June 2, 2010, considered the plans, testimony and other pertinent application information associated with this Administrative Earth Removal, Excavation, Filling, Stockpiling and Grading Application for the site development of 437 and 443 Fairwood Road;

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

1) The property is not located within a Public Water Supply Watershed Area.
2) Roderick White, Fire Marshal, submitted a letter to the Commission dated March 31, 2010, in which he states that he sees no reason not to grant the approval at this time and that other concerns that he may have can be addressed during a plan review at a later date.
3) The Commission received Inlands Wetlands Permit #1134 for approval of a new building, septic, well, driveway, parking and drainage system at 437 and 443 Fairwood Road, which included the operation of a commercial vehicle repair facility at 443 Fairwood Road;
4) The Commission received a review letter dated March 30, 2010, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District. John Laudano of Quinnipiack Valley Health District representative signed off on the back of the application form on May 28, 2010, indicating his approval.

Now Therefore Be It Resolved, that pursuant to Section 8 of the Bethany Zoning Regulations, amended to April 7, 2010, the Bethany Planning and Zoning Commission approves the Administrative Earth Removal, Excavation, Filling, Stockpiling and Grading Permit for the development of 437 and 443 Fairwood Road, as presented in the application, statement of use, testimony, and in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
“Existing Conditions Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-1.
“Lot Line Revision Plan”, dated December 12, 2009, revised to February 17, 2010, Drawing No. C-2.
“Site Development Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-3.
“Site Development Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-4.
“Site Landscaping and Erosion Control Plan”, dated December 16, 2009, revised to May 18, 2010, Drawing No. C-5.
“Typical Details”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-6.
“Typical Details”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-7.
“Typical Details”, dated February 3, 2010, with no revisions, Drawing No. C-8.

And with the following conditions:
1) The mylar of the lot-line revision plan, Drawing #C-2, shall be filed on the Land Records of the Town of Bethany in order for this permit to be valid.
2) A bond in an amount acceptable to the Town Engineer and in a form acceptable to Town Counsel must be received prior to the commencement of any work. Bonds shall be received for the storm water drainage construction, maintenance of sediment and erosion controls, and establishment of permanent vegetative cover, including plantings as per map of record.
3) Grading changes of two feet or more shall be reviewed by both the Zoning Enforcement Officer and the Town Engineer.
4) Prior to the commencement of work, the Zoning Enforcement Officer shall inspect and approve ALL erosion control measures.
Vote: 5 to 0.
Voting for: Huxley, Ford, Shurtleff, Shea, Adelberg.
Unanimous approval.


2) 185 Beacon Road, Application #2010-012 submitted by Daniel Cusano/Amity Excavation & Construction for a Home Occupation Permit to operate a home office -
The Commission formally received the application. No one was present to speak on behalf of this application. Isabel Kearns, ZEO, briefly reviewed the application and stated the owner is taking steps forward to rectify the Cease and Desist Order issued on May 5, 2010.


Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Shurtleff and seconded by Shea to approve the following resolution for Application #2010-012:

Whereas, Daniel Cusano owner of 185 Beacon Road, applied to the Planning and Zoning Commission for a Home Occupation Permit to operate a home office only for Amity Excavation & Construction from the premises;

Whereas, the Zoning Enforcement Officer continues to work with the applicant to bring the property into compliance with the Zoning Regulations of the Town of Bethany;

Whereas, the Commission at its regular meeting of June 2, 2010, considered the statement of use, narrative, testimony and other pertinent application information relating to this home office application;

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

1) The property is not located within a public water supply watershed area.
2) John Laudano, Quinnipiack Valley Health District Representative, signed off on the back of the application form on May 28, 2010, indicating his approval.
3) Roderick White, Fire Marshal, signed off on the back of the application form on June 1, 2010, 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 April 7, 2010, the Bethany Planning and Zoning Commission approves the application of Daniel Cusano for a Home Occupation Permit to operate a home office only for Amity Excavation & Construction located at 185 Beacon Road as outlined in the Statement of Use dated May 17, 2010, and with the following conditions:
1) This approval does not include any signage.
2) There shall be no outside storage of or maintenance on equipment, vehicles, tractor trailers or trailers.
Vote: 5 to 0.
Voting for: Huxley, Ford, Shurtleff, Shea, Adelberg.
Unanimous approval.


3) 116 Sperry Road, Application #2010-013 submitted by Claire Wiseman for a Special Exception Permit for an Indoor Riding Ring, Addition to Barn, Paddocks -
The Commission formally received the application. Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant Claire Wiseman, who was also present.

Mr. Garcia reviewed the proposed project noting:
· That the applicant is proposing to construct an 84-foot by 24-foot indoor riding arena.

· That we have submitted an application to the Inland Wetlands Commission and to Quinnipiack Valley Health District.
· That the Inland Wetlands Commission recommended one driveway instead of two and the plans will be modified for this change.

It was moved by Shea and seconded by Shurtleff to schedule a public hearing date of Wednesday, July 7, 2010, at the next regular meeting in the Commission Meeting Room of the Bethany Town Hall. Unanimous approval.
Tabled.


PUBLIC HEARINGS

· 443 Fairwood Road, Application #2010-005 for a Special Exception Permit to locate a Commercial Auto Repair Facility, Application #2010-006 for a Site Plan for a Commercial Auto Repair Facility and Signage, Application #2010-007 for a Special Exception Permit for Outside Storage submitted by EMG Properties LLC/Nino Auto Service LLC –

At 7:35 p.m., Chairman Huxley called to order the continuation of the public hearing. The call for the public hearing was read. The hearing was opened on April 7, 2010 and continued to May 5, 2010, and June 2, 2010. Chairman Huxley stated the Commission will discuss Application #2010-011 because it is related to site development plan being heard.

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 – Submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut, entitled as follows:
1. “Existing Conditions Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-1.
2. “Lot Line Revision Plan”, dated December 12, 2009, revised to February 17, 2010, Drawing No. C-2.
3. “Site Development Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-3.
4. “Site Development Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-4.
5. “Site Landscaping and Erosion Control Plan”, dated December 16, 2009, revised to May 18, 2010, Drawing No. C-5.
6. “Typical Details”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-6.
7. “Typical Details”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-7.
8. “Typical Details”, dated February 3, 2010, with no revisions, Drawing No. C-8.
Exhibit 3B – Submitted by William Grieger, three sheets of photographs of before and after of the existing building located at 443 Fairwood Road.

Exhibit 3C – Submitted by John Paul Garcia, five pages of an architectural floor plan.

Present to speak on behalf of the application was John Paul Garcia, P.E./L.S., representing the applicant, William Grieger, who was also present.

Mr. Garcia reviewed the proposed project noting:
· That the application has been modified to include the site development of the rear lot, which is related to the site development of the front lot.
· That the lot lines have been modified to create three lots instead of four lots.
· That the applicant has received approval from the Inland Wetlands Commission.

The Commission reviewed the conditions of approval from the Zoning Board of Appeals, approved on December 14, 2009.

In discussion, Commission members noted:
· That the fence will not go behind the building. The fence will screen from the street side and the east side.
· That the applicant stated this will not be a junk yard.

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

At 8:11 p.m., Chairman Huxley closed the public hearing on the subject applications.


· 3 Northrop Road, Application #2010-010 submitted by Nadia Fainstein for a Special Exception Permit for an Accessory Apartment –

At 8:13 p.m., Chairman Huxley called to order the public hearing on Application #2010-010 for a Special Exception Permit for an Accessory Apartment. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.

Present to speak on behalf of the applicant was Nadia Fainstein, applicant and owner of record.

Mrs. Fainstein reviewed the proposed project noting:
· That originally the apartment was for her daughter and now she would like to have her mother live in the apartment.
· That the apartment has existed for 10 years.
· That originally the apartment was approved as an addition to the house.

In discussion, Commission members noted:
· That the lot is undersized
· That there will be no change to the exterior.


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

At 8:22 p.m., Chairman Huxley closed the public hearing on the subject application.


· Proposed amendments to the Bethany Zoning Regulations to Section 1.2-Definitions and various changes in Section 18–Floodplain Management Regulations -

At 8:23 p.m., Chairman Huxley called to order the public hearing continuation on the proposed amendments to Section 1.2 – Definitions and various changes in Section 18 – Floodplain Management Regulations. The call for the public hearing continuation was read. The hearing was opened on May 5, 2010.

Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 2A – A letter from the South Central Connecticut Regional Planning Commission, dated May 13, 2010, Re: Review comments on the proposed amendments.

In discussion, Commission members noted:
· That the Commission held the hearing record open for the comments from the South Central Connecticut Regional Planning Commission.

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

At 8:26 p.m., Chairman Huxley closed the public hearing on the proposed amendments.


OLD BUSINESS

1. 443 Fairwood Road, Application #2010-005 submitted by EMG Properties, LLC for a Special Exception Permit to locate a Commercial Auto Repair Facility –

It was moved by Ford and seconded by Shurtleff to approve the following resolution for the certification of the soil erosion and sedimentation control plan for the 437 and 443 Fairwood Road:

CERTIFICATION OF SOIL EROSION AND SEDIMENTATION CONTROL

This is to certify that the soil erosion and sedimentation control plan shown on the plans entitled:

Sheet C-5 – Site Landscaping and Erosion Control Plan
dated December 16, 2009, revised to May 18, 2010, Drawing No. C-5.


Prepared by: John Paul Garcia and Associates, 190 Fairwood Road, Bethany, CT

For: An Administrative Earth Removal Permit to create a new commercial building and
associated site work, including stormwater management system.

At: 437 and 443 Fairwood Road

Submitted by: EMG Properties, LLC (William Grieger)

Complies with the requirements and objectives of Section 11 – Erosion and Sedimentation Control Regulations, having been certified by the Bethany Planning and Zoning Commission at its regular meeting of June 2, 2010.
Vote: 5 to 0.
Voting for: Huxley, Ford, Shurtleff, Shea, Adelberg.
Unanimous approval.


Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Shea and seconded by Shurtleff to approve the following resolution for Application #2010-005:

Whereas, the owner of the property, EMG Properties, LLC, applied on March 3, 2010, to the Bethany Planning and Zoning Commission for a Special Exception Permit to locate a commercial repair facility at 443 Fairwood Road (#2010-005);

Whereas, the existing structure located east of the primary structure is being used for storage and will continue to be used for storage and is not a part of this application;

Whereas, the Zoning Board of Appeals granted the following variances on December 14, 2009: 1) granted a variance of 256.1 feet to allow a commercial garage to be located 243.9 feet from the northern residential boundary line and 2) granted a variance of 139.2 feet to allow a commercial garage to be located 360.8 feet from the western residential boundary line;

Whereas, the Zoning Board of Appeals granted a Certificate of Approval for locating a motor vehicle dealer or motor vehicle repairer located at 443 Fairwood Road on December 14, 2009;

Whereas, the Commission held a public hearing on June 2, 2010, on this Special Exception Change of Use to operate a commercial car repair facility at 443 Fairwood Road (#2010-005). Said hearing was held in conjunction with hearings for the site plan approval for a commercial repair facility and sign located at 443 Fairwood Road and a new commercial building, associated site work and sign located at 437 Fairwood Road (#2010-006) and the special exception for outside storage of equipment and vehicles located at 443 Fairwood Road (#2010-007);

Whereas, the public hearing was closed at the conclusion of testimony that same evening;


Whereas, the Commission also at its regular meeting of June 2, 2010, considered the plans, testimony and other pertinent application information relating to this Special Exception Change of Use to operate a commercial car repair facility at 443 Fairwood Road;

Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The Zoning Board of Appeals granted two variances on December 14, 2009, to allow the commercial garage to be located 243.9 feet from the northern residential boundary line and 360.8 feet from the western residential boundary line.
2) The Zoning Board of Appeals granted a Certificate of Approval for locating a motor vehicle dealer or motor vehicle repairer located at 443 Fairwood Road on December 14, 2009.
3) The property is not located with a Public Water Supply Watershed Area.
4) Roderick White, Fire Marshal, submitted a letter to the Commission dated March 31, 2010, in which he states that he sees no reason not to grant the approval at this time and that other concerns that he may have can be addressed during a plan review at a later date.
5) The Commission received Inland Wetlands Permit #1134 for approval of a new building, septic, well, driveway, parking and drainage system located at 437 and 443 Fairwood Road, which included the operation of a commercial vehicle repair facility located at 443 Fairwood Road.
6) The Commission received a review letter dated March 30, 2010, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District. John Laudano, Quinnipiack Valley Health District representative signed off on the back of the application form on May 28, 2010, indicating his approval.

Now Therefore Be It Resolved, that pursuant to Section 5.2B.1 of the Bethany Zoning Regulations, amended to April 7, 2010, the Bethany Planning and Zoning Commission approves the Special Exception Change of Use to operate a commercial car repair facility located at 443 Fairwood Road (#2010-005), as presented in the application, statement of use, testimony, and in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
“Existing Conditions Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-1.
“Lot Line Revision Plan”, dated December 12, 2009, revised to February 17, 2010, Drawing No. C-2.
“Site Development Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-3.
“Site Development Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-4.
“Site Landscaping and Erosion Control Plan”, dated December 16, 2009, revised to May 18, 2010, Drawing No. C-5.
“Typical Details”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-6.


“Typical Details”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-7.
“Typical Details”, dated February 3, 2010, with no revisions, Drawing No. C-8.

And with the following conditions:
1) The commercial repair facility shall not expand into the existing structure located to the rear of the property.
2) A bond in an amount acceptable to the Town Engineer and in a form acceptable to Town Counsel must be received prior to the issuance of a building permit or the occupancy of the building or the commencement of site work, whichever comes first. Bonds shall be received for the storm water drainage construction, maintenance of sediment and erosion controls, and the establishment of a permanent vegetative cover, including plantings as per the map of record.
3) Prior to commencement of any work, the Zoning Enforcement Officer shall inspect and approve ALL erosion control measures.
4) This approval is for motor vehicles per the Connecticut State Statutes, Title 14.
5) All vehicles being stored for repair shall be located in the area designated as “proposed automobile storage area”, as per the map of record.
6) The commercial repair facility shall not expand into the existing structure located to the rear of the property.
7) Hours of operation shall be Monday through Saturday from 7:00 a.m. to 5:00 p.m.
Vote: 5 to 0.
Voting for: Huxley, Ford, Shurtleff, Shea, Adelberg.
Unanimous approval.


2. 443 Fairwood Road, Application #2010-006 submitted by EMG Properties, LLC for a Site Plan for Commercial Auto Repair Facility and Signage –

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Shea and seconded by Adelberg to approve the following resolution for Application #2010-006:

Whereas, the owner of the property, EMG Properties, LLC, applied on March 3, 2010, to the Bethany Planning and Zoning Commission for a Site Plan Approval for a commercial repair facility and a sign located at 443 Fairwood Road (#2010-006) and whereby the owner of the property, EMG Properties, LLC, amended the application at the regular meeting of May 5, 2010, to include a Site Plan Approval for a new commercial building, associated site work and a sign located at 437 Fairwood Road;

Whereas, the Zoning Board of Appeals granted the following variances on December 14, 2009, for property known as 443 Fairwood Road: 1) granted a variance of 256.1 feet to allow a commercial garage to be located 243.9 feet from the northern residential boundary line and



2) granted a variance of 139.2 feet to allow a commercial garage to be located 360.8 feet from the western residential boundary line.

Whereas, the Zoning Board of Appeals granted a Certificate of Approval for locating a motor vehicle dealer or motor vehicle repairer located at 443 Fairwood Road on December 14, 2009;

Whereas, the Commission held a public hearing on June 2, 2010, for a Site Plan Approval for a commercial repair facility and a sign located at 443 Fairwood Road and for a Site Plan Approval for a new commercial building, associated site work and a sign located at 437 Fairwood Road. Said hearing was held in conjunction with public hearings for a change of use to operate a commercial repair facility located at 443 Fairwood Road (#2010-005) and a special exception for outside storage of equipment and vehicles located at 443 Fairwood Road (#2010-007);

Whereas, the public hearings were closed at the conclusion of testimony on June 2, 2010;

Whereas, the Commission also at its regular meeting of June 2, 2010, considered the plans, testimony and other pertinent application information (including two separate statement of uses – one for each property) relating to this Site Plan Approval for a commercial repair facility and a sign located at 443 Fairwood Road and for a Site Plan Approval for a new commercial building, associated site work and sign located at 437 Fairwood Road;

Whereas, the detention system as proposed has been sized to accommodate the potential future development of Lot 12A;

Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The Zoning Board of Appeals granted two variances for property known at 443 Fairwood Road on December 14, 2009 to allow a commercial garage to be located 243.9 feet from the northern residential boundary line and 360.8 feet from the western residential boundary line.
2) The Zoning Board of Appeals granted a Certificate of Approval for locating a motor vehicle dealer or motor vehicle repairer located at 443 Fairwood Road on December 14, 2009.
3) The property is not located with a Public Water Supply Watershed Area.
4) Roderick White, Fire Marshal, submitted a letter to the Commission dated March 31, 2010, in which he states that he sees no reason not to grant the approval at this time and that other concerns that he may have can be addressed during a plan review at a later date.
5) The Commission received Inlands Wetlands Permit #1134 for approval of a new building, septic, well, driveway, parking and drainage system located at 437 and 443 Fairwood Road, which included the operation of a commercial vehicle repair facility located at 443 Fairwood Road;
6) The Commission received a review letter dated March 30, 2010, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District. John Laudano, Quinnipiack Valley Health District representative signed off on the back of the application form on May 28, 2010, indicating his approval.

Now Therefore Be It Resolved, that pursuant to Section 5.2A of the Bethany Zoning Regulations, amended to April 7, 2010, the Bethany Planning and Zoning Commission approves the Site Plan for a commercial repair facility and a sign located at 443 Fairwood Road and Site Plan for a new commercial building, associated site work and a sign located at 437 Fairwood Road, as presented in the applications, statements of use, testimony, and in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
“Existing Conditions Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-1.
“Lot Line Revision Plan”, dated December 12, 2009, revised to February 17, 2010, Drawing No. C-2.
“Site Development Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-3.
“Site Development Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-4.
“Site Landscaping and Erosion Control Plan”, dated December 16, 2009, revised to May 18, 2010, Drawing No. C-5.
“Typical Details”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-6.
“Typical Details”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-7.
“Typical Details”, dated February 3, 2010, with no revisions, Drawing No. C-8.

And with the following conditions:
1) The mylar of the lot-line revision plan, Drawing #C-2, shall be filed on the Land Records of the Town of Bethany in order for this permit to be valid.
2) All easements must be approved by Town Counsel prior and must be filed at the time the lot line revision map is filed.
3) A bond in an amount acceptable to the Town Engineer and in a form acceptable to Town Counsel must be received prior to the issuance of a building permit or the occupancy of the building or the commencement of site work, whichever comes first. Bonds shall be received for the storm water drainage construction, maintenance of sediment and erosion controls and establishment of permanent vegetative cover for the site, including plantings as per the map of record.
4) This approval shall not be construed to include any uses or buildings on Lot 12A.
5) Grading changes of two feet or more shall be reviewed by both the Zoning Enforcement Officer and Town Engineer.
6) A six-foot privacy fence shall be installed from the northeast corner of the existing 6.160 square foot building to the southwest corner of the existing metal storage shed.
Vote: 5 to 0.
Voting for: Huxley, Ford, Shurtleff, Shea, Adelberg.
Unanimous approval.





3. 443 Fairwood Road, Application #2010-007 submitted by EMG Properties, LLC for a Special Exception Permit for Outside Storage –

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Shea and seconded by Adelberg to approve the following resolution for Application #2010-007:

Whereas, the owner of the property, EMG Properties, LLC, applied on March 3, 2010, to the Bethany Planning and Zoning Commission for a Special Exception for Outside Storage of equipment and vehicles located at 443 Fairwood Road (#2010-007);

Whereas, the Zoning Board of Appeals granted the following variances for property known as 443 Fairwood Road on December 14, 2009: 1) granted a variance of 256.1 feet to allow a commercial garage to be located 243.9 feet from the northern residential boundary line and 2) granted a variance of 139.2 feet to allow a commercial garage to be located 360.8 feet from the western residential boundary line.

Whereas, the Zoning Board of Appeals granted a Certificate of Approval for locating a motor vehicle dealer or motor vehicle repairer located at 443 Fairwood Road on December 14, 2009;

Whereas, the Commission held a hearing on June 2, 2010, on this Special Exception for Outside Storage of equipment and vehicles at the commercial repair facility on property know as 443 Fairwood Road (#2010-007). Said hearing was held in conjunction with public hearings for a Special Exception Change of Use to operate a commercial repair facility located at 443 Fairwood Road (#2010-005) and a Site Plan Approval for a commercial repair facility and a sign located at 443 Fairwood Road and a Site Plan Approval for a new commercial building, associated site work and a sign located at 437 Fairwood Road (#2010-006);

Whereas, the public hearings were closed at the conclusion of testimony on June 2, 2010;

Whereas, the Commission also at its regular meeting of June 2, 2010, considered the plans, testimony and other pertinent application information relating to the Special Exception for Outside Storage of equipment and vehicles at the commercial repair facility known as 443 Fairwood Road;

Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The Zoning Board of Appeals granted two variances on December 14, 2009, to allow a commercial garage to be located 243.9 feet from the northern residential boundary line and 360.8 feet from the western residential boundary line.
2) The Zoning Board of Appeals granted a Certificate of Approval for locating a motor vehicle dealer or motor vehicle repairer located at 443 Fairwood Road on December 14, 2009.
3) The property is not located with a Public Water Supply Watershed Area.


4) Roderick White, Fire Marshal, submitted a letter to the Commission dated March 31, 2010, in which he states that he sees no reason not to grant the approval at this time and that other concerns that he may have can be addressed during a plan review at a later date.
5) The Commission received Inland Wetlands Permit #1134 for approval of a new building, septic well, driveway, parking and drainage system located at 437 and 443 Fairwood Road, which included the operation of a commercial vehicle repair facility located at 443 Fairwood Road.
6) The Commission received a review letter dated March 30, 2010, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District. John Laudano, Quinnipiack Valley Health District representative signed off on the back of the application form on May 28, 2010, indicating his approval.

Now Therefore Be It Resolved, that pursuant to Section 5.3H of the Bethany Zoning Regulations, amended to April 7, 2010, the Bethany Planning and Zoning Commission approves the Special Exception of Outside Storage of equipment and vehicles located at 443 Fairwood Road (#2010-007), as presented in the application, statement of use, testimony, and in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
“Existing Conditions Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-1.
“Lot Line Revision Plan”, dated December 12, 2009, revised to February 17, 2010, Drawing No. C-2.
“Site Development Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-3.
“Site Development Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-4.
“Site Landscaping and Erosion Control Plan”, dated December 16, 2009, revised to May 18, 2010, Drawing No. C-5.
“Typical Details”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-6.
“Typical Details”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-7.
“Typical Details”, dated February 3, 2010, with no revisions, Drawing No. C-8.

And with the following conditions:
1) The mylar of the lot-line revision plan, Drawing #C-2, shall be filed on the Land Records of the Town of Bethany in order for this permit to be valid.
2) A bond in an amount acceptable to the Town Engineer and in a form acceptable to Town Counsel must be received prior to the occupancy of the building or the commencement of outside storage.
3) The outside storage associated with this permit is only for the storage of motor vehicles and shall only be stored in the area designated as “proposed automobile storage area”, as shown on the map of record.
4) The commercial repair facility shall not expand into the existing structure located to the rear of the property.

5) A six foot privacy fence shall be installed from the northeast corner of the existing 6,160 square foot building to the southwest corner of the existing metal storage shed.
Vote: 5 to 0.
Voting for: Huxley, Ford, Shurtleff, Shea, Adelberg.
Unanimous approval.


4. 3 Northrop Road, Application #2010-010 submitted by Nadia Fainstein for a Special Exception Permit for an Accessory Apartment –

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Shurtleff and seconded by Adelberg to approve the following resolution for Application #2010-010:

Whereas, Nadia Fainstein, owner of 3 Northrop Road, applied for a Special Exception Permit for an Accessory Apartment (#2010-010) to be located within the existing home. Said application was received by the Planning and Zoning Commission on May 5, 2010;

Whereas, the Planning and Zoning Commission opened a public hearing on the application on June 2, 2010, which hearing was closed at the conclusion of testimony that same evening;

Now Therefore, the Planning and Zoning Commission makes the following findings of fact and decisions regarding the application:
1) As the accessory apartment is wholly contained within the existing home, no action from the Inland Wetlands Commission is required.
2) Lynn Fox, Representative of Quinnipiack Valley Health District, signed off on the back of the application form indicating her approval on May 3, 2010.
3) Roderick White, Fire Marshal, signed off on the back of the application form indicating his approval on June 1, 2010.
4) The Commission received a letter dated December 1, 2009, from Ronald Walters of the South Central Connecticut Regional Water Authority, stating that they have no comment.
5) The initial application, Statement of Use and letter dated April 21, 2010, demonstrated that the proposed accessory apartment would contain less than 700 square feet of living space.
6) Robert Walsh, Building Official, signed off on the back of the application form on May 26, 2010, indicating his approval and stated that they will need a building permit for the apartment.
7) The Planning and Zoning Commission finds that the Special Exception Permit Application for an Accessory Apartment located at 3 Northrop Road complies with Section 4.4J of the Bethany Zoning Regulations and satisfies the intent of the Regulations, as the scale and character of the resulting dwelling will blend in with the surrounding residences.




Now Therefore Be It Resolved, that pursuant to Section 4.4J of the Bethany Zoning Regulations, amended to April 7, 2010, the Bethany Planning and Zoning Commission approves the Special Exception Permit for an Accessory Apartment located at 3 Northrop Road under 700 square feet (#2010-010) as shown on the floor plan, untitled, submitted April 21, 2010, by the applicant and as per the statement of use dated April 21, 2010.

And with the following conditions:
1) The owner of the property shall provide to the Commission an annual affidavit, due prior to occupancy of the apartment and during the month of January each year, to the effect that the accessory apartment continues to be in full compliance with Section 4.4J of the Bethany Zoning Regulations.
2) The applicant must apply for and receive a building permit for the accessory apartment prior to occupancy of the accessory apartment.
Vote: 5 to 0.
Voting for: Huxley, Ford, Shurtleff, Shea, Adelberg.
Unanimous approval.


5. Proposed amendments to the Bethany Zoning Regulations to Section 1.2-Definitions and various changes in Section 18-Floodplain Management Regulations –

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Shurtleff and seconded by Ford to approve the following resolution for the proposed zoning amendments:

Whereas, the Planning and Zoning Commission of the Town of Bethany proposed Zoning Regulation Amendments as follows:

Add or change to Section 1.2 – Definitions
(Add) Aboveground Storage Tanks. Above-ground storage tanks (oil, propane, etc.) which are located outside or inside of the structure must either be elevated above the base flood elevation (BFE) on a concrete pad, or be securely anchored with tie-down straps to prevent flotation or lateral movement, have the top of the fill pipe extend above the BFE, and have a screw fill cap that does not allow for the infiltration of flood water.

(Change) Building. A walled and roofed building which is principally above ground, including a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.Any structure having a roof supported by columns or walls, which may rest on a foundation and is intended for the shelter, housing or enclosure of persons, animals or materials.

Add or change to Section 18 – Floodplain Management Regulations
(Change)
18.2 Area of Applicability. This regulation is applicable to the “Special Flood Hazard Areas” (SFHA) designated as Zone A and AE , as identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for New Haven County, Connecticut dated

December 17, 2010, accompanying Flood Insurance Rate Maps (FIRM), dated December 17, 2010, and other supporting data applicable to the Town of Bethany, and any subsequent revisions thereto, are adopted by reference and declared to be a part of this regulation. Since mapping is legally adopted by reference into this regulation it must take precedence when more restrictive until such time as a mop amendment or map revision is obtained from FEMA. The SFHA includes any area shown on the FIRM as Zones A and AE, including areas designated as floodway on a FIRM. SFHAs are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the Flood Insurance Study (FIS) for a community. BFEs provided on Flood Insurance Rate Map (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. The FIRM and FIS are on file in the office of the Bethany Town Clerk.
This regulation is applicable to the “Special Flood Hazard Areas” designated as A Zones on the Town of Bethany Flood Insurance Rate Maps, (FIRM) and the Flood Boundary and Floodway Map, as published on December 2, 1980 by the Federal
Emergency Management Agency, (FEMA) which are on file in the Office of the Bethany Town Clerk. These maps, the Town of Bethany Flood Insurance Study and other supporting data, and any revision thereto are adopted by reference and declared to be a part of these Regulations.

18.4 Definitions.

3. (Delete) Area of Shallow Flooding. A designated A0 or V0 Zone on the referenced FIRM with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.


4. (Change)Base Flood Elevation (BFE). The elevation of the crest of the base flood or 100-year flood. The height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas. The particular elevation of the base flood as specified on the FIRM for A Zones

7. (Add) Building. A walled and roofed building which is principally above ground, including a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.

8. (Change) Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures; the construction of additions, alterations or substantial improvements to building or structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation, drilling operations, or the storage of equipment or materials; the storage, deposition, or extraction of materials; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.




10.(Add) Existing Manufactured Home Park or Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured home are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is complete, before August 23, 1977, the effective date of the flood plain management regulations adopted by a community.

11. (Add) Expansion to an Existing Manufactured Home Park or Subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

12. (Add) Federal Emergency Management Agency (FEMA). The federal agency that administers the National Flood Insurance Program (NFIP).

11. (Remove) Flood Boundary and Floodway Map. The official map on which FEMA has delineated the boundaries of the Floodway.

18. (Change) Floodway. The channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1.0 feet anywhere in town. The regulated floodway is delineated on the Flood Insurance Rate Map (FIRM)Boundary and Floodway Map, which is part of this regulation.

20. (Add) Functionally Dependent Use or Facility. A use or facility that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities. The term does not include seafood processing facilities, long-term storage, manufacturing, sales or service facilities.

23. (Add) Historic Structure. Any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a state inventory of historic places in states with historic preservations programs which have been approved by the Secretary of the Interior; or (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either; (1) By an approved state program as determined by the Secretary of the Interior or (2) Directly by the Secretary of the Interior in states without approved programs.



24. (Add) Manufactured Homes. A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term also includes park trailers, travel trailers, recreational vehicles and other similar vehicles or transportable structures placed on a site for one hundred and eighty (180) consecutive days or longer and intended to be improved property.

25. (Add) Manufactured Home Park or Subdivision. A parcel or contiguous parcel of land divided into two (2) or more manufactured home lots for rent or sale.

26. (Add) Market Value. The market value of the structure shall be determined by the Cost Approach to Value Method, the Segregated Cost Method or the Square Food Method (certified appraised value) prior to the start of the initial repair or improvement, or in the case of damage, the certified value of the structure prior to the damage occurring.

27. (Change) Mean Sea Level (MSL). For purposes of the National Flood Insurance Program, (NFIP), the North American Vertical Datum (NAVD) of 1988 National Geodetic Vertical Datum, (NGVD) of 1929 or other subsequent datum which become the standard to which base flood elevations on a community FIRM are referenced.

28. (Change) New Construction. Structures for which the start of construction commenced on or after the effective date of the Town’s entrance into the NFIP, August 23, 1977, and includes any subsequent improvement to such structures.

29. (Add) New Manufactured Home Park or Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after, August 23, 1977, the effective date of the floodplain management regulations adopted by the community.

30. (Add) Recreational Vehicle. A vehicle which is: (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

31. (Add) Special Flood Hazard Area (SFHA). The land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. SFHA’s are determined utilizing the base flood elevations (BFE) provided on the Flood Insurance Rate Map (FIRM) are only approximate (rounded up or down) and should be verified with the BFIs published in the FIS for specific location. SFHA’s include, but are not necessarily limited to, the land shown as Zones A, AE, on a Firm. The SFHA is also called the Area of Special Flood Hazard.


33. (Add) Structure. A walled and roofed building which is principally above ground, including a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.

34. (Add) Substantial Damage. Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

37. (Add) Violation. Failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without required permits, lowest floor elevation documentation, flood-proofing certificates or required floodway encroachment calculations is resumed to be in violation until such time as that documentation is provided.

38. (Change) Water Surface Elevations. The height, in relation to the NGVD 29 North American Vertical Datum (NAVD) of 1988 or other datum as may be adopted by FEMA for NFIP purposes, of floods of various magnitudes and frequencies in various flood prone, flood hazard areas.

18.5 Standards
A. General.
(Add)
5. Compensatory Storage and Equal Conveyance
a. Compensatory Storage. The water holding capacity of the floodplain, except those areas which are tidally influenced, shall not be reduced. Any reduction caused by filling, new construction or substantial improvements involving an increase in footprint to the structure, shall be compensated for by deepening and/or widening the floodplain. Storage shall be provided on-site, unless easements have been gained from adjacent property owners; it shall be provided within the same hydraulic reach and a volume not previously used for flood storage; it shall be hydraulically comparable and incrementally equal to the theoretical volume of flood water at each elevation, up to and including the 100-year flood elevation, which would be displaced by the proposed project. Such
compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. Compensatory storage can be provided off-site if approved by the municipality.
b. Equal Conveyance. Within the floodplain, except those areas which are tidally influenced, as designated on the Flood Insurance Rate Map (FIRM) for the community, encroachments resulting from filling, new construction or substantial improvements involving an increase in footprint of the structure, are prohibited unless the applicant provides certification by a registered professional engineer demonstrating, with supporting hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that such encroachments shall not result in any (0.00 feet) increase in flood levels (base flood elevation). Work within the floodplain and the land adjacent to the floodplain, including work to provide compensatory storage shall not be constructed in such a way so as to cause and increase in flood stage or flood velocity.
c. Aboveground Storage Tanks. Above-ground storage tanks (oil, propane, etc.) which are located outside or inside of the structure must either be elevated above the base flood elevation (BFE) on a concrete pad, or be securely anchored with tie-down straps to prevent flotation or lateral movement, have the top of the fill pipe extended above the BFE, and have a screw fill cap that does not allow for infiltration of flood water.
d. Portion of Structure in Flood Zone. If any portion of a structure lies within the Special Flood Hazard Area (SFHA), the entire structure is considered to be in the SFHA. The entire structure must meet the construction requirements of the flood zone. The structure includes any attached additions, garages, decks, sunrooms, or any other structure attached to the main structure. Decks or porches that extend into a more restrictive flood zone will require the entire structure to meet the standards of the more restrictive zone.
e. Structures in Two Flood Zones. If a structure lies within two or more flood zones, the construction standards of the most restrictive zone apply to the entire structure (i.e. V zone is more restrictive than A zone; structure must be built to the highest BFE). The structure includes any attached additions, garages, decks sunrooms or any other structure attached to the main structure. (Decks or porches that extend into a more restrictive zone will require the entire structure to meet the requirements of the more restrictive zone.)
f. No Structures Entirely or Partially Over Water. New construction, substantial improvement and repair to structures that have sustained substantial damage cannot be constructed or located entirely or partially over water unless it is functionally dependent use or facility.
B. Specific Standards.
(Change)
1. Floodways. Located within the special flood hazard areas are areas designated as floodways on the community’s Flood Insurance Rate Boundary and Floodway Map or as may be determined by competent professional. Floodways are extremely hazardous areas due to the potential velocity of flood waters which cause erosion and may carry debris and projectiles. The following additional standards are applicable to development in relation to floodways:
a. There shall be no encroachments, including fill, new construction, substantial improvements, repairs to substantially damaged structures and other developments shall be permitted or other development in any floodway unless certification, with supporting technical data, by a registered professional engineer or architect is provided demonstrating, through hydrologic and hydraulic analyses performed in accordance with standard engineering practices, that encroachments shall not will not result in any (0.00 feet) increase in flood levels during occurrence of the base flood discharge. Fences in the floodway must be aligned with the flow and be of an open design.




(Change/Add)
2. Manufactured Homes and Recreational Vehicles (RV’s). Required to be properly anchored.
In all Special Flood Hazard Areas (SFHA), any manufactured (mobile) homes to be newly placed, undergoing substantial improvement or repaired as a result of substantial damage, shall be elevated so that the bottom of the lowest floor is at two feet above the base flood elevation (BFE). The manufactured home must also meet all the construction standards per Section 18.5 A. This includes SFHA’s outside a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an existing manufactured home park or subdivision, in an expansion to an existing manufactured home as incurred substantial damage as a result of a flood.
a. All manufactured homes within a SFHA shall be placed on a permanent foundation which itself is securely anchored and to which the structure is securely anchored so that it will resist flotation, lateral movement and hydrostatic pressures. Anchoring may include, but not be limited to, the use of over-the-top or frame ties to ground anchors.
b. All manufactured homes within a SFHA shall be installed using methods and practices which minimize flood damage. Adequate access and drainage should be provided. Elevation construction standards include piling foundations placed no more than ten (10) feet apart, and reinforcement is provided for piers more than six (6) feet above ground level.
c. Recreational vehicles placed on sites within a SFHA shall either (i) be on the site for fewer than 18- consecutive days, and (ii) be fully licensed and ready for highway use, OR (iii) meet all the general standards of Section 18.5 A. and the elevation and anchoring requirement of Section 18.5 B.2.a.,b.,c. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

18.6 Administration.
A. (Change)
2. c. Elevations in NGVD 29 NAVD88 datum, of the lowest floor, including
basement of all structures; and
18.7 C. (Change)
1. Obtain and record the actual elevation, in NAVD88 NGVD 29, of the lowest floor, including basement of all new or substantially improved structures;


Whereas, advertisement for the public hearing was duly noticed and copies of the Zoning Regulation Amendments were on file in the Town Clerk’s Office as per Connecticut General Statutes;

Whereas, the Commission opened a public hearing to discuss the proposed Zoning Regulation Amendments on May 5, 2010, and recessed the public hearing until June 2, 2010. The public hearing was subsequently closed at the conclusion of testimony on June 2, 2010;

Whereas, the Commission at its regular meeting of June 2, 2010, considered the proposed Zoning Regulation Amendments and testimony relating to same;

Now Therefore Be It Resolved, that pursuant to Section 15 of the Town of Bethany Zoning Regulations and the Connecticut General Statutes, the Planning and Zoning Commission adopts the proposed Zoning Regulation Amendments for Floodplain Management, as presented. They shall become effective on December 17, 2010.
Vote: 5 to 0.
Voting for: Huxley, Ford, Shurtleff, Shea, Adelberg.
Unanimous approval.


6. Proposed amendment to the Bethany Zoning Regulations to add Section 5A – Permitting, Construction, Operation, Maintenance and Abandonment of Small Wind Energy Systems – Hiram Peck, Planning Consultant, to contact Mike Okrent of the Clean Energy Committee. Tabled.

7. Revised Draft of the Town Plan of Conservation and Development – Hiram Peck, Planning Consultant, stated that he contacted a graphic firm that he has previously used pertaining for the completion of the revised Town Plan for formatting and cleaning up and is requesting the Commission’s approval for the cost. Mr. Peck is recommending this firm to the Commission and stated when he gets the final draft, he will submit the draft to the Commission for review. It was moved by Shurtleff and seconded by Shea to approve the expenditure of approximately $500.00 to cover the costs to complete the graphics for the revised Town Plan of Conservation and Development. Unanimous approval. Tabled.

8. Discuss increasing application fees – Tabled.

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

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

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

12. Update on Halter Estates – Tabled.

It was moved by Shurtleff and seconded by Adelberg to adjourn the regular meeting at 9:15 p.m. Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
For the Planning and Zoning Commission