Monday, August 16, 2010

MINUTES OF THE BETHANY PLANNNG AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, AUGUST 4, 2010 Page 1 of 7

The regular meeting of the Planning and Zoning Commission was called to order at 7:06 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 IV, Member
Patricia Winer, Member
Donald Shea Jr., Alternate Member, seated as a voting member.
Marc Adelberg, Alternate Member, who arrived at 7:47 p.m.
Nellie Rabinowitz, Alternate Member, who arrived at 7:38 p.m.

The following Commission member was excused or absent:
Mary Shurtleff, Member

Also present was:
Karen Walton, Assistant Enforcement Officer


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


NEW BUSINESS

1) 696 Amity Road, Unit 9A, Application #2010-016 submitted by Sheryl Frouge for a Business Change of Use to operate an antique shop –

The Commission formally received the application. Present to speak on behalf of this application was Sheryl Frouge, applicant.

Mrs. Frouge reviewed the proposed project noting:
· That she will be selling various antiques.
· That there will be no signage near the road.

In discussion, Commission members noted:
That the antiques will be contained in the shop.
That the sign on the chair near the road is illegal.
That the applicant will be using the existing sign.

Karen Walton, Assistant 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 #2010-016:



Whereas, Sheryl Frouge applied on August 4, 2010, to the Bethany Planning and Zoning Commission for a Business Change of Use Permit to operate an antique shop located in Unit 9A of 696 Amity Road;

Whereas, the Commission, at its regular meeting of August 4, 2010, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Business Change of Use Permit to operate an antique shop in unit 9A of 696 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) The Commission received a signature on July 30, 2010, from Lynn Fox of the Quinnipiack Valley Health District giving approval for the use.
2) The Commission received a signature on July 30, 2010, from Rod White, Fire Marshal giving his approval for the use.
3) The Commission received a letter dated August 3, 2010, from Ronald Walters of SCC Regional Water Authority having no comment.

Now Therefore Be It Resolved that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to April 7, 2010, the Bethany Planning and Zoning Commission approves the Business Change of Use Permit to operate an antique shop in Unit 9A of 696 Amity Road (Application #2010-016), as presented in the application, statement of use and testimony and with the following condition:

1) A building permit for an Interior-Fit-Out must be approved by the Building Official and the Fire Marshal prior to any renovations to or occupancy of the building.
Vote: 5 to 0.
Voting for:
Unanimous approval.

2) Discussion with Rod White, Fire Marshal, regarding signoffs on PZC applications -
Sharon Huxley, Chairman, discussed with Rod White privately before the meeting commenced.

3) Discussion with Al Shepard regarding the property of James Woodward, 26 and 46 Mesa Drive – Present for this discussion was Al Shepard, P.E. of Nowakowski, O’Bymachow and Kane and James Woodward, owner of 26 and 46 Mesa Drive. Mr. Woodward stated that one issue with his subdivision (Woodward Estates) was the separation distance between the two sets of roads and that he would like to request a waiver for the separation. Chairman Huxley stated that the waiver would be part of an application and the Commission recommends Mr. Woodward rethink the configuration. Also, the Commission recommends Mr. Woodward contact Mr. Hiram Peck, Planning Consultant, pertaining to the Commission’s concerns with the subdivision on 26 and 46 Mesa Drive.

APPROVAL OF MINUTES

1. It was moved by Winer and seconded by Spear to approve the minutes of the July 7, 2010, Regular Meeting with the following correction:
· Page 5, Item D – Reads “Exhibit 1D – Letter from Quinnipiack Valley Health District to John Paul Garcia, dated July 6, 2010, Re: 116 Sperry Road, B100a Proposal for replacement system for existing house, relocation of existing barn, construction of new indoor riding area and paddock area.” Change to “Exhibit 1D – Letter from Quinnipiack Valley Health District to John Paul Garcia, dated July 6, 2010, Re: 116 Sperry Road, B100a Proposal for replacement septic system for existing house, relocation of existing barn, construction of new indoor riding area and paddock area.”
Voting for: Huxley, Spear, Ford, Winer, Shea.
Unanimous approval.

2. The minutes for the Public Hearing Continuation/Special Meeting/Site Visit were tabled until the next regular meeting on Wednesday, September 1, 2010.

GENERAL CORRESPONDENCE

1. Letter from Bethany Volunteer Fire Department, dated July 6, 2010, Re: Review comments on proposed site plan dated June 21, 2010, for 116 Sperry Road, Special Exception Permit for Indoor Riding Ring, Addition to Barn and Paddocks.
2. Letter from Regional Water Authority, dated July 7, 2010, Re: Review comments on revised proposal for 116 Sperry Road, indoor riding arena and barn addition.
3. Letter from Regional Water Authority, dated August 3, 2010, Re: Review of application for 696 Amity Road, Unit 9A, change of use antique shop.
4. Email from Town Attorney Kevin McSherry, dated July 14, 2010, Re: Ravenswood bond, 34 Schaffer Road, 3-lot subdivision, Lot #2, release of bond for driveway installation and trench drain.
5. Letter from Hiram Peck, Planning Consultant, dated July 29, 2010, Re: Consideration or revisions to land use fees.
6. Letter from ZEO to William Grieger, dated July 7, 2010, Re: Cease & Desist Order, 437 and 443 Fairwood Road.
7. Letter from SCC Regional Planning Commission to Town of Hamden, dated July 9, 2010, Re: Review of Proposed Zoning Regulation Amendment to allow for the keeping of hens in certain zones.
8. Letter from SCC Regional Planning Commission to Town of Hamden, dated July 9, 2010, Re: Review of Proposed Zoning Regulation Amendment to correct unintended omission of text prior regulations and other text.

PUBLICATIONS AND WORKSHOPS

1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Summer 2010.
2. University of Connecticut, Connecticut Technology Transfer, Summer 2010.
BILLS

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

2. It was moved by Winer and seconded by Shea to approve the payment of a bill for $95.00, dated July 7, 2010, from John McLeod (Court Stenographer) for recording services for public hearings (116 Sperry Road).
Unanimous approval.

3. It was moved by Winer and seconded by Shea to approve the payment of a bill for $95.00, dated August 4, 2010, from John McLeod (Court Stenographer) for recording services for public hearings (116 Sperry Road).
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Karen Walton, Assistant ZEO, reported on the following:

247 Fairwood Road – Ms. Walton stated that First Selectman Gorski received a complaint of a lot of garbage on the property and that this complaint was also listed on the website "SeeClickFix". The Assistant ZEO sent letters out to the owner regarding the complaints of horse manure and garbage and that the homeowner is in process of evicting the tenants who trashed the property. Also, the Quinnipiack Valley Health District will be getting involved.


PUBLIC HEARING

116 Sperry Road, Application #2010-013 submitted by Claire Wiseman for a Special Exception Permit for an Indoor Riding Ring, Addition to Barn, and Paddocks -

At 7:31 p.m., Chairman Huxley called to order the public hearing continuation on Application #2010-013 for a Special Exception Permit for an Indoor Riding Ring, Addition to Barn and Paddocks. The call for the public hearing continuation was read.

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 – Letter from Regional Water Authority, dated July 7, 2010, Re: Review comments on revised proposal for 116 Sperry Road, indoor riding arena and barn addition.
Exhibit 2B – Letter from Bethany Volunteer Fire Department, dated July 6, 2010, Re: Review comments on proposed site plan dated June 21, 2010, for 116 Sperry Road, Special Exception Permit for Indoor Riding Ring, Addition to Barn and Paddocks.
Exhibit 2C – Submitted by Mr. Garcia, revised site plan entitled “Proposed Site Plan, 116 Sperry Road, Bethany, CT”, dated May 20, 2010, revised to July 23, 2010, prepared by John Paul Garcia & Associates, Bethany, Connecticut.

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

Mr. Garcia reviewed the proposed project noting:
· That the revised plans address the comments from Quinnipiack Valley Health District in a letter dated July 6, 2010.
· That Quinnipiack Valley Health District has not commented back on the revised plans.

In discussion, Commission members noted:
· That Mr. Garcia stated there will be a maximum of 6 stalls.
· That the Inland Wetlands Commission needs to review the revised plans.
· That the manure storage has been moved an additional 35 feet further away from the property line.
· That this application is for a residential use not a commercial use.

Chairman Huxley then asked if there were any comments from the public. The following public member spoke:
Douglas Berv of 106 Sperry Road – Mr. Berv is greatly concerned that the subject property will become a commercial operation and that the applicant is a therapist and conducts horse therapy. Mr. Berv would like a condition put in the permit that there can be no commercial therapeutic operation conducted. Mr. Berv is also concerned with the driveway drainage.

Mr. Garcia commented that the applicant has no intent to run a commercial boarding stable or therapeutic riding operation and that the Commission can put a condition on the permit to that affect.

Clare Wiseman, applicant, stated she has no intent at this time to use this facility for her practice.

Chairman Huxley disqualified herself at 7:46 p.m. Vice Chairman Spear filled in as Chair.

Mr. Garcia stated the applicant may at some point return to the Commission and ask for a home office for a therapist not a therapeutic riding program.

Acting Chairman Spear stated that Quinnipiack Valley Health District needs to submit their approval and the Inland Wetlands Commission needs to review the revised plans.

Mr. Garcia submitted a letter of consent to extension of time for 30 days to continue the public hearing.

At 8:05 p.m., Acting Chairman Spear recessed the public hearing and continued it to the next regular meeting on Wednesday, September 1, 2010, in the Commission Meeting Room of the Bethany Town Hall. Tabled.


OLD BUSINESS

1. 116 Sperry Road, Application #2010-013 submitted by Claire Wiseman for a Special Exception Permit for an Indoor Riding Ring, Addition to Barn, Paddocks – Hearing continued to September 1, 2010. Tabled.

2. Discussion on Ravenswood Homes bonding issue for drainage (Email from Town Counsel dated July 14, 2010) – No action for the Commission.

3. Discussion on Zoning Regulation Section 4.4.I.1 relating to 6-acre requirement for boarding stables with living quarters (copy of minutes and list of stables in packet) – Tabled.

4. Proposed amendment to the Bethany Zoning Regulations to add Section 5A – Permitting, Construction, Operation, Maintenance and Abandonment of Small Wind Energy Systems – Chairman Huxley stated that now is not the time to approve this amendment because there are so many technical advances being made in a relatively short time and some of the things that were of a concern to people, like the light flicker and separation distance, would no longer be issues because the systems would be smaller. Also Chairman Huxley stated that the Town should focus on solar. Tabled.

5. Revised Draft of the Town Plan of Conservation and Development – Tabled.

6. Discuss increasing application fees – Hiram Peck, Planning Consultant, submitted a letter dated July 29, 2010, Re: Consideration of revisions to land use fees. Tabled.

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

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

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

10. Update on Halter Estates – Tabled.





It was moved by Ford and seconded by Shea to adjourn the regular meeting at 8:10 p.m. Unanimous approval.

Respectfully submitted,


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