MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, SEPTEMBER 1, 2010 Page 1 of 5
The regular meeting of the Planning and Zoning Commission was called to order at 7:05 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
Mary Shurtleff, Member
Patricia Winer, Member
Donald Shea Jr., Alternate Member, seated as voting member as needed.
Marc Adelberg, Alternate Member
Nellie Rabinowitz, Alternate Member, arrived at 7:18 p.m.
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Assistant Zoning Enforcement Officer
Hiram Peck, Planning Consultant
APPROVAL OF MINUTES
1. It was moved by Winer and seconded by Shurtleff to approve, as submitted, the minutes of the July 10, 2010, Special Meeting.
Voting for: Spear, Winer, Shurtleff.
Unanimous approval.
2. It was moved by Winer and seconded by Ford to approve the minutes of the August 4, 2010, Regular Meeting with the following corrections:
· Page 5, Fifth Paragraph, under Douglas Berv, first sentence – Reads “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.” Change to “Mr. Berv is greatly concerned that the subject property will become a commercial operation and that the applicant is a therapist and conducts hippotherapy.”
· Sixth Paragraph – Reads “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.” Change to “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 effect.”
Voting for: Huxley, Spear, Ford, Winer, Shea.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from John Paul Garcia, dated September 1, 2010, Re: Consent to extension of 30 days to continue the public hearing on Application #2010-013, 116 Sperry Road.
2. Letter from Inland Wetlands Commission, dated August 25, 2010, Re: IWC review of revised plans dated August 11, 2010, for 116 Sperry Road.
3. Letter from SCC Regional Water Authority, dated September 1, 2010, Re: Review of Application #2010-017, 562 Amity Road, Home occupation use jewelry design and assembly.
4. Letter from Isabel Kearns, ZEO, to Garrett Vorio of 415 Fairwood Road, dated August 18, 2010, Re: Zoning inquiry, possible illegal operation of a fencing business.
5. Letter from SCC Regional Planning Commission to Town of Hamden, dated August 13, 2010, Re: Town of Hamden: Proposed Zoning Regulation Amendment to Prohibit Outdoor Wood-Burning Furnaces.
BILLS
1. It was moved by Shurtleff and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for August 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:
415 Fairwood Road – The ZEO issued a letter dated August 18, 2010, Re: Complaint received of a fencing business operating from the property. The ZEO stated that she contacted the property owner and he stated he was going to install a fence on the property but will be moving now and will not be installing the fence.
It was moved by Winer and seconded by Shea to move to the items of New Business.
Unanimous approval.
NEW BUSINESS
1) 562 Amity Road, Apt. E, Application #2010-017 submitted by Virginia Gomez for a Home Occupation Permit for jewelry and objects design and assembly –
The Commission formally received the application. Present to speak on behalf of this application was Virginia Gomez, applicant.
Chairman Huxley reviewed the complete contents of the file.
Mrs. Gomez reviewed the proposed project noting:
· That she will be making jewelry with stones and beads.
· That there will be no sales at the subject property.
In discussion, Commission members noted:
· The applicant is planning to have a web page.
Karen Walton, Assistant 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 #2010-017:
Whereas, Janet L. Brinton, owner of 562 Amity Road, Apartment E, gave written authorization for Virginia Maria Techera Gomez to apply for the Home Occupation Permit in a letter dated August 4, 2010;
Whereas, Virginia Maria Techera Gomez applied to the Planning and Zoning Commission for a Home Occupation Permit to operate a jewelry and objects design and assembly business;
Whereas, the Commission at its regular meeting of September 1, 2010, considered the statement of use, narrative, testimony and other pertinent application information relating to this Home Occupation application;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) Lynn Fox, Quinnipiack Valley Health District representative, signed off on the back of the application form on August 12, 2010, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on August 13, 2010, approving the application.
3) Ronald Walters, Senior Environmental Analyst for the South Central Connecticut Regional Water Authority submitted a letter dated September 1, 2010, stating no comment.
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 Application #2010-017 submitted by Virginia Maria Techera Gomez for a Home Occupation Permit to operate a jewelry and objects design and assembly business as outlined in the Statement of Use dated August 11, 2010.
Voting for: Huxley, Spear, Ford, Shurtleff, Shea.
Winer not present at the time of vote.
Unanimous approval.
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 7:34 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 was read for the public hearing continuation.
No one was present for the applicant.
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 – Letter from John Paul Garcia, dated September 1, 2010, Re: Consent to extension of 30 days to continue the public hearing on Application #2010-013, 116 Sperry Road.
· Exhibit 3B – Letter from Inland Wetlands Commission, dated August 25, 2010, Re: IWC review of revised plans dated August 11, 2010, for 116 Sperry Road.
Isabel Kearns, ZEO, stated that the Quinnipiack Valley Health District has not signed off on the application at this time.
At 7:37 p.m., Chairman Huxley recessed the public hearing and continued it to the next regular meeting on Wednesday, October 6, 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 October 6, 2010. Tabled.
2. Revised Draft of the Town Plan of Conservation and Development –Mr. Peck submitted two completed copies of the Town Plan, which cost $35.00 each. Mr. Peck submitted the copies for final acceptance by the Commission. The Commission reviewed and recommended some changes; such as, removing reference to the village district map, and identifying the photographs with a road name. The ZEO will review a copy for any additional corrections.
It was moved by Shurtleff and seconded by Winer to adopt the revised Town Plan of Conservation and Development with an effective date of October 30, 2010.
Unanimous approval.
3. Discuss increasing application fees – Tabled.
4. Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.
5. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.
6. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.
7. Update on Halter Estates – Tabled.
It was moved by Shea and seconded by Shurtleff to adjourn the regular meeting at 7:38 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
