MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, NOVEMBER 3, 2010 Page 1 of 5
The regular meeting of the Planning and Zoning Commission was called to order at 7:02 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
Patricia Winer, Member, who arrived at 7:08 p.m.
Donald Shea Jr., Alternate Member, who arrived at 7:25 p.m.
Nellie Rabinowitz, Alternate Member
The following Commission members were excused or absent:
Melissa Spear, Vice-Chairman
Marc Adelberg, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Hubbell, Assistant Zoning Enforcement Officer
Hiram Peck, Planning Consultant
It was moved by Shurtleff and seconded by Rabinowitz to move to the items of New Business.
Unanimous approval.
NEW BUSINESS
1) 99 Mesa Drive, Application #2010-019 submitted by MWP, LLC to modify the subdivision approval for drainage easement relocation –
The Commission formally received the application. Present to speak on behalf of this application was Paul Crotta, applicant and owner of record.
Mr. Crotta reviewed the proposed project noting:
That this application is to relocate the drainage easement.
That there is a potential buyer for this lot and the buyer would like the drainage easement relocated.
In discussion, Commission members noted:
The applicant is asking approval for the change of the contours and the drainage easement relocation, which would make this application a Site Plan Approval.
The applicant is moving the septic system and potentially the location of the house.
The applicant needs to submit a revised site plan showing the relocation of the septic and erosion and control measures.
The applicant needs to add wording on the deed as to the location change of the drainage easement from where it originally was approved and where it will be relocated.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, December 1, 2010. Tabled.
2) 187 Beacon Road, Application #2010-020 submitted by Beth Gaetano AKA: Gaetano Family Farm for a Home Occupation Permit for the sale of chicken eggs and chickens at farm markets and online –
The Commission formally received the application. Present to speak on behalf of this application was Beth Gaetano, applicant and owner of record.
Mrs. Gaetano reviewed the proposed project noting:
She would like to be able to work from her house online.
That she sells her eggs at the Seymour Farmers Market and at her work place in Cheshire (farm).
A representative from the State of Connecticut visited her property to inspect the few chickens she has at her home for health reasons.
Isabel Kearns, ZEO, stated that the Quinnipiack Valley Health District was not able to submit a report at this time.
In discussion, Commission members noted:
The applicant will not be selling from her home. It will be an office only. (application modified)
The Commission will have to wait for the Quinnipiack Valley Health District approval.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, December 1, 2010. Tabled.
3) Discussion regarding Outdoor Wood Burning Furnaces –
Isabel Kearns, ZEO, stated the First Selectman received an email from a concerned resident regarding the toxic emissions from an outdoor wood burning furnace and if Bethany would consider banning this type of outdoor furnace.
Hiram Peck, Planning Consultant, stated there are a few area towns in court right now pertaining to whether these towns have the authority to ban the outdoor furnaces and he recommends that the Commission wait for the outcome of these court cases.
Derrylyn Gorski, First Selectman, arrived at 7:25 p.m. and stated the resident sited in the email an address (Pleasant Drive) that has an outdoor furnace and Ms. Gorski would like the Commission to be aware of this inquiry.
Mr. Peck will gather more information for the next scheduled meeting on December 1, 2010. Tabled.
4) Discussion with Mike Okrent regarding Small Wind Energy Systems –
Mike Okrent, Chairman of the Clean Energy Task Force, inquired about the proposed Zoning Regulation amendment/addition pertaining to Section 5A – Permitting, Construction, operation, Maintenance and Abandonment of Small Wind Energy Systems, which the Commission held a public hearing and the public hearing was closed on March 3, 2010.
Chairman Huxley stated that there were concerns about the structures falling on other properties, light flicker, and noise and therefore, with the changing technology, the Commission decided to postpone making a decision.
Mr. Okrent asked the Commission if they would consider opening the issue back up again so that the Clean Energy Task Force can investigate into the potentials of the structures falling, noise issues and shadows.
The Commission told Mr. Okrent to proceed with the investigation and to return to the Commission with the information.
APPROVAL OF MINUTES
1. It was moved by Ford and seconded by Shea to approve, as submitted, the minutes of the October 6, 2010, Regular Meeting.
Voting for: Huxley, Ford, Shea
Unanimous approval.
GENERAL CORRESPONDENCE
1. Emails from Ulana Zinych of 87 Pleasant Drive, Isabel Kearns, ZEO and First Selectman Derry Gorski, Re: Outdoor Wood Burning Furnaces.
2. Letter from Inland Wetlands Commission, dated October 25, 2010, Re: Possible Zoning Regulation Amendments regarding excluding development in areas where the slopes are in excess of 25% and a “minimum lot square” be added to the requirements for the creation of new lots.
Isabel Kearns, ZEO, stated the Inland Wetlands Commission is concerned with 83 Beacon Road (application for a one-lot resubdivision, which was withdrawn) regarding the lot shape and steep slopes. Hiram Peck, Planning Consultant, will put together materials regarding standards of other towns. Ms. Kearns stated the Inland Wetlands Commission would like to meet with the Planning and Zoning Commission to discuss these concerns. The Commission will schedule a joint meeting with the Inland Wetlands Commission after Mr. Peck obtains the information.
3. Letter from Isabel Kearns, ZEO, to Garrett Vorio owner of 415 Fairwood Road, Re: Notice of Zoning Violation, possible fencing business.
4. Email from SCRCOG, dated October 14, 2010, Re: Town Of Woodbridge Referral on proposed Zoning Amendment to Section 4 – Sign and Artificial Light (attached).
5. Letter from SCC Regional Planning Commission, to Town of Woodbridge, dated October 18, 2010, Re: RPC review of proposed Zoning Amendment to Section 4.
6. Email from SCRCOG, dated November 3, 2010, Re: Town of Prospect Referral on proposed Zoning Amendments - Section 4.13 – Floodplains and Flood Hazard Areas; Article 2.2 – Definitions; Article 15 - Zoning Board of Appeals; Section IV of the Subdivision Regulations (attached).
7. Email from SCRCOG, dated November 3, 2010, Re: Town of Cheshire Referral on proposed Zoning Amendments – Section 46 – Flood Plain Management Regulation (attached).
8. Letter from Transportation Committee, dated November 1, 2010, Re: Transportation Committee and Transportation Technical Committee Meeting, November 10, 2010.
PUBLICATIONS AND WORKSHOPS
1. Land Use Academy Basic Training, Saturday, November 20, 2010.
2. Transit Forum, Tuesday, October 26, 2010.
3. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Fall 2010.
4. Connecticut Technology Transfer, Fall 2010.
5. The Connecticut Landscape Architect, Fall 2010.
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 October 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 stated the road paving and drainage improvements approved at the October 6, 2010, regular meeting, would only include curbing where the water needs to be directed into the catch basins or if there are any complaints of water runoff from the roads onto the resident’s property.
415 Fairwood Road (Vorio) – Ms. Kearns issued a Notice of Zoning Violation dated October 29, 2010, regarding the storing of fencing on the property and the possibility of the operation of a fencing business from this location.
Ms. Kearns distributed a brochure from the Connecticut Department of Public Health in regards to Child Daycare Screening assessment for Environmental Risk Safer Program.
OLD BUSINESS
1. Discuss increasing application fees – Tabled.
2. Bethany Volunteer Fire Department revised Water Source Specifications – Isabel Kearns, ZEO, spoke to Fire Department about the Water Source Specifications and the Fire Department will bring the information to the Officer’s Meeting next week. Tabled.
3. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Isabel Kearns, ZEO, to draft a memo to the First Selectmen as to the status of this subject. Tabled.
4. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Isabel Kearns, ZEO, to draft a memo to the First Selectmen as to the status of this subject. Tabled.
5. Update on Halter Estates – Tabled.
It was moved by Winer and seconded by Shurtleff to adjourn the regular meeting at 8:15 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk For the Commission
