MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JANUARY 5, 2011 Page 1 of 6
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:
Melissa Spear, Vice-Chairman, Acting as Chairman
John Ford, Member
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member, seated as second voting member, as needed
Donald Shea Jr., Alternate Member, seated as first voting member
Nellie Rabinowitz, Alternate Member, arrived at 7:35 p.m.
The following Commission members were excused or absent:
Sharon Huxley, Chairman
Also present were:
Hiram Peck, Planning Consultant
Isabel Kearns, Zoning Enforcement Officer
Karen Hubbell, Assistant Zoning Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Shurtleff and seconded by Adelberg to approve, as submitted, the minutes of the December 1, 2010, Regular Meeting.
Voting for: Spear, Shurtleff, Adelberg.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Memo from Isabel Kearns, ZEO, dated November 23, 2010, Re: Review of application and site plans for 429 Fairwood Road.
2. Letter from SCC Regional Water Authority, dated January 3, 2011, Re: Review of application for 435 Amity Road, Application #2011-002, Pediatric Parenting.
3. Copy of Inland Wetlands Permit #1158, for 99 Mesa Drive to relocate the existing drainage easement, approved December 28, 2010.
4. Letter from State of Connecticut DEP, dated November 23, 2010, Re: 2010 Legislation and Regulations Advisory, Aquifer Protection Areas.
Isabel Kearns, ZEO, stated the Commission will have to amend the Zoning Regulations and Ms. Kearns will put together a draft.
5. Letter from SCC Regional Planning Commission to Town of Prospect, dated December 10, 2010, Re: Review comments on Town of Prospect: Proposed Zoning Regulation Amendments to Section 3.1- Uses by District and Section 2.2 – Definitions.
6. Letter from Save Prospect Corp., dated December 3, 2010, Re: Proposed construction of two wind turbines at 178 New Haven Road, Prospect, Connecticut.
7. Email from SCC Regional Planning Commission, dated December 23, 2010, Re: Notification: Town of Prospect Referral to amend Zoning Regulations to add section to regulate wind power with attached amendments from Prospect.
Isabel Kearns, ZEO, stated she would attend the public hearing on January 19, 2011, in Prospect.
Hiram Peck, Planning Consultant, will review Prospect’s proposed amendments and submit comments to the Bethany Planning and Zoning Commission.
8. Email from SCC Regional Planning Commission, dated December 20, 2010, Re: Copy of handouts from workshop on the “Cross-Acceptance Process” for the State Plan of Conservation and Development.
PUBLICATIONS AND WORKSHOPS
1. Regional Planning Commission Annual Dinner, Thursday, January 13, 2011, Guest Speaker David Kooris, Topic: Sustainable Communities.
2. Connecticut Technology Transfer, Winter 2011.
BILLS
1. It was moved by Winer and seconded by Shea to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for December 2010, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
184 Sperry Road, Elizabeth Doering, owner of record – A complaint was received that Ms. Doering was boarding horses. The ZEO to communicate to the property owner.
NEW BUSINESS
1) 429 Fairwood Road, Application #2011-001 submitted by EMG Properties LLC for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit
The Commission formally received the application. Isabel Kearns, ZEO, stated the Commission would have to amend the agenda to receive a Site Plan Application for the subject property. It was moved by Shea and seconded by Shurtleff to amend the agenda to receive the above-mentioned application. Unanimous approval.
Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.
Isabel Kearns, ZEO, recommended the Commission schedule a public hearing on the two applications. The Commission scheduled a public hearing at the next regular meeting on Wednesday, February 2, 2011, at 7:30 p.m. in the Commission Meeting Room.
Tabled.
2) 435 Amity Road, Application #2011-002 submitted by Elisabeth Reilly (Pediatric Parenting LLC) 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, stated the applicant would like to proceed with getting an approval for a non-illuminated professional sign. It was moved by Shurtleff and seconded by Ford to authorize Isabel Kearns, ZEO, to approve a sign permit to Elisabeth Reilly (Pediatric Parenting) located at 435 Amity Road in accordance with Section 7.2.F. of the Bethany Zoning Regulations.
Voting were: Spear, Shurtleff, Ford, Winer, Shea.
Vote 5 to 0.
Unanimous approval.
Isabel Kearns, ZEO, prepared a draft resolution for Application #2011-002. Commission members discussed and proceeded to deliberate.
It was moved by Shea and and seconded by Shurtleff to approve the following resolution for Application #2011-002:
Whereas, Elisabeth Reilly applied to the Planning and Zoning Commission on January 5, 2011, for a home occupation permit to operate an office for Pediatric Parenting, LLC (lactation consulting business and baby planner);
Whereas, the Commission at its regular meeting of January 5, 2011, considered the statement of use dated December 28, 2010, 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 January 3, 2011, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on January 3, 2011, indicating his approval.
3) The Planning and Zoning Commission received a letter dated January 3, 2011; from Ronald Walters of the South Central Connecticut Regional Water Authority which he states “no comment”.
Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b of the Town of Bethany Zoning Regulations, effective December 17, 2010, the Bethany Planning and Zoning Commission approves the application of Elisabeth Reilly for a home occupation permit to operate a home office for Pediatric Parenting, LLC (lactation consulting business and baby planner), as outlined in the Statement of Use dated December 28, 2010.
Voting were: Spear, Shurtleff, Ford, Winer, Shea.
Vote 5 to 0.
Unanimous approval.
3) Sperry Road between Bethway Road and Hatfield Hill Road, Application #2011-003 submitted by Christine Silvestri for a Scenic Road Designation –
The Commission formally received the application. There was no one present to speak on behalf of this application.
Isabel Kearns, ZEO, recommended the Commission schedule a public hearing on the application. The Commission scheduled a public hearing at the next regular meeting on Wednesday, February 2, 2011, at 7:30 p.m. in the Commission Meeting Room. Tabled.
OLD BUSINESS
1) 99 Mesa Drive, Application #2010-019 submitted by MWP, LLC to modify the subdivision approval for drainage easement relocation –
Acting Chairman Spear stated the Commission received a copy of the Inland Wetlands Permit #1158 approved December 28, 2010.
Isabel Kearns, ZEO, prepared a draft resolution. The Commission discussed and proceeded to deliberate.
It was moved by Ford and seconded by Shurtleff to approve the following resolution for Application #2010-019:
Whereas, the Commission has reviewed the submitted maps dated November 3, 2010, which show the subject lot located in the R-65 residential zone and also show the proposed relocation of the drainage easement on the subject Lot 23, in an easterly direction; and
Whereas, the Commission has reviewed the application at meetings held on November 3, 2010, December 1, 2010, and January 5, 2011, and finds the request to modify the approved subdivision to be reasonable and in keeping with the requirements and conditions of the original subdivision approval by this Commission on June 20, 2001; and
Whereas, the Commission finds the lot is not located on a public drinking water supply watershed; and
Whereas, the Commission notes the request has received the approval of the Quinnipiac Valley Health District as indicated by its sign-off on this application dated November 5, 2010, and as evidenced by its agent’s signature on the application; and
Whereas, the stated purpose of relocating the drainage easement is to locate the septic system in a better location, which has been approved by the Quinnipiack Valley Health District Agent, is reasonable and logical; and
Whereas, the Commission also notes the approval of the application by the Bethany Inland Wetlands and Watercourses Agency, as approval (Inland Wetlands Permit #1158) was received on December 28, 2010; and
Whereas, the relocation of the drainage easement, which would be of concern to the Bethany Inland Wetlands and Watercourses Agency, if any such concern were present, has been approved.
Therefore Be It Resolved, that Application #2010-019 submitted by MWP, LLC to relocate the drainage easement on Lot 23 via a modification of the subdivision approval for Watch Hill Subdivision, Section III, Record Subdivision Map dated August 4, 1999, last revised January 11, 2001, prepared by Nowakowski, O’Bymachow and Kane Associates, (Map A-838 on the Bethany land records), located in the R-65 residential zone, as shown on submitted materials and submitted plan entitled “Proposed Relocation of Drainage Easement – Lot 23, Watch Hill Subdivision, Section III”, dated July 28, 2010, with no revisions prepared by Nowakowski, O’Bymachow and Kane Associates, Shelton, Connecticut, is hereby approved.
Voting were: Spear, Shurtleff, Ford, Winer, Shea.
Vote 5 to 0.
Unanimous approval.
2) Discussion regarding Outdoor Wood Burning Furnaces –
Hiram Peck, Planning Consultant, has been researching the outdoor furnaces. Mr. Peck stated that State Legislation has not banned the outdoor furnaces at this time but it does have certain requirements. Mr. Peck will continue to gather information for the Commission. Mr. Peck prepared a draft ordinance for the Town and feels an ordinance would work better than an amendment to the Zoning Regulations.
Tabled.
3) Discuss increasing application fees – Tabled.
4) Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.
5) Discuss Architectural Reviews – Tabled.
6) Proposed Town of Bethany Noise Control Ordinance – Tabled.
7) Update on Halter Estates – Tabled.
It was moved by Shea and seconded by Winer to adjourn the regular meeting at 8:20 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
