Monday, March 14, 2011

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, MARCH 2, 2011 Page 1 of 8

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
Melissa Spear, Vice-Chairman
John Ford, Member
Mary Shurtleff, Member
Patricia Winer, Member
Nellie Rabinowitz, Alternate Member, seated as a voting member as needed.
Marc Adelberg, Alternate Member
Donald Shea Jr., Alternate Member

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 Winer and seconded by Shurtleff to approve, as submitted, the minutes of the January 5, 2011, Regular Meeting.
Voting for: Spear, Ford, Shurtleff, Winer, Rabinowitz.
Unanimous approval.

2. It was moved by Winer and seconded by Shurtleff to approve the minutes of the February 2, 2011, Regular Meeting with the following changes:
· Page 4, Final bullet point – Reads “The intent of this application is to get the permits in place, do the tie in and get the pad prepped, to stabilize and the building will be built in the summer.” Change to “The intent of this application is to get the permits in place, do the drainage tie in, get the pad prepped, to stabilize the site so that the building can be built in the summer.”
· Page 5, Third paragraph, Fifth bullet point – Reads “That as a condition of approval, a bond for erosion control measures, reclamation of the site, the landscaping of 4 trees and removal of the screener.” Change to ““That as a condition of approval, a bond be filed for erosion control measures, reclamation of the site, the landscaping of 4 trees and removal of the screener.”
· Page 5, Bold heading for Sperry Road – Reads “Sperry Road between Bethway Road and Hatfield Hill Road, Application #2011-003 submitted by Christine Silvestri” Change to “Sperry Road between Bethway Road and Hatfield Hill Road, Application #2011-003 submitted by Christine Silvestri for designation as a scenic road permit”.



· Page 11, Under Zoning Enforcement – Reads “The Commission scheduled a public hearing date of April 6, 2011, at the next regular meeting.” Change to “The Commission scheduled a public hearing date of April 6, 2011, at the regular meeting.”
Voting for: Huxley, Winer, Shurtleff, Adelberg, Shea.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Memo from Isabel Kearns, ZEO, dated January 31, 2011, Re: Comments from review of 116 Old Amity Road application and maps.
2. Letter from Nowakowski, O’Bymachow, Kane & Associates, to Isabel Kearns, ZEO, dated February 7, 2011, Re: Response to review comments from the ZEO, dated January 31, 2011, for 116 Old Amity Road.
3. Letter from SCC Regional Water Authority, dated February 16, 2011, Re: Review of 116 Old Amity Road, veterinary office.
4. Letter to Ray Pantalone, Bethany Tree Warden, from Isabel Kearns, ZEO, dated February 17, 2011, Re: Expansion of driveway at 116 Old Amity Road.
5. Letter from Rod White, Fire Marshal, dated February 22, 2011, Re: Comments from review of application for 116 Old Amity Road.
6. Email from Eugene Livshits, SCRCOG, dated February 24, 2011, Re: Receipt of referral for Bethany proposed Zoning Regulation Amendments to the Aquifer Protection Area Regulations.
7. Letter from PZC to Board of Selectmen, dated February 3, 2011, Re: Discussion of Outdoor Wood-Burning Furnaces be placed on Selectmen’s agenda.
8. Letter from Isabel Kearns, ZEO, to J. Bourret & E. Doering of 184 Sperry Road, dated February 8, 2011, Re: Zoning issues at 184 Sperry Road.
9. Letter from SCC Regional Planning Commission to Town of Cheshire, dated February 11, 2011, Re: Review of Cheshire’s proposed amendments to Aquifer Protection Area Regulations.

BILLS

1. It was moved by Spear and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for February 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.

2. It was moved by Shurtleff and seconded by Winer to approve the payment of a bill for $95.00, dated February 2, 2011, from John McLeod (Court Stenographer) for recording services for the public hearing (429 Fairwood Road, Sperry Road Scenic Road Application).
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO, reported on the following:
· The ZEO mailed a certified letter to Liz Doering of 184 Sperry Road, dated February 8, 2011, regarding lighting and boarding of horses. The ZEO has not had a response from Ms. Doering to date. The Commission questioned if Ms. Doering has a permit for the second barn on her property of 184 Sperry Road. The ZEO will investigate.
· The ZEO attended the State of CT, CT Siting Council, public hearing on a petition from BNE Energy, Inc. for a declaratory ruling that no Certificate of Environmental Compatibility and Public Need is required for the construction, maintenance and operation of a 3.2 MW Wind Renewable Generating facility located in Prospect CT, on February 23, 2011. Some of the concerns from residents were light flicker, reduction in property values, blade sheer, noise and quality of life. The next public hearing will be in Colebrook, CT, where turbines have been located and residents are not happy with the outcome. ZEO to attend the Colebrook hearing.
· The ZEO was subpoenaed for court regarding the Cusano’s of 185 Beacon Road versus the Gaetano’s of 187 Beacon Road on Wednesday, March 9, 2011, pertaining to easement issues and structures without permits.

NEW BUSINESS

1) 14 Chelsea Circle, Application #2011-005 submitted by Elizabeth Flaherty (Flaherty Medical Consulting, LLC) for a Home Occupation Permit to operate an office for a consulting business –

The Commission formally received the application. No one was present to speak on behalf of this application.

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved Shurtleff and seconded by Ford to approve the following resolution for Application #2011-005:

Re: Application #2011-005 submitted by Elizabeth Flaherty for a home occupation permit to operate a home office for Flaherty Medical Consulting, LLC at 14 Chelsea Circle. Said property is located in the R-65 zone and is not located in a public water supply watershed area.

Whereas, Elizabeth Flaherty (Flaherty Medical Consulting, LLC) applied to the Planning and Zoning Commission on March 2, 2011, for a home occupation permit to operate an office for Flaherty Medical Consulting, LLC at 14 Chelsea Circle;

Whereas, the Commission at its regular meeting of March 2, 2011, considered the statement of use dated February 9, 2011, 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 February 11, 2011, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on February 14, 2011, indicating his approval.

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 Elizabeth Flaherty for a home occupation permit to operate a home office for Flaherty Medical Consulting, LLC, as outlined in the Statement of Use dated February 9, 2011.
Voting were: Huxley, Spear, Shurtleff, Ford, Winer.
Vote: 5 to 0.
Unanimous approval.


2) 116 Old Amity Road, Application #2011-006 submitted by Kim McClure Brinton (Country Companions) for a Site Plan for an addition, Change of Use and Two (2) Sign Permits –

The Commission formally received the application. Present to speak on behalf of this application was Kimberly McClure Brinton, applicant and owner of record.

Mrs. Brinton presented a power point presentation on the project.

Mrs. Brinton reviewed the proposed project noting:
That she has been renting space in Bethany for her practice and recently purchased 116 Old Amity Road to continue operating her practice in Bethany.
That this is an outpatient clinic only.
That only a portion of the driveway will be paved.
That one sign will be down near the road with full cut off lighting and the other in the front attached to the building.

In discussion, Commission members noted:
That the landscaping plan is meeting the intent of the regulations.
That the septic system is too close to the proposed addition and will be moved.

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved Spear and seconded by Ford to approve the following resolution for Application #2011-006:

Re: Application #2011-006 submitted by Kimberly McClure Brinton, owner of 116 Amity Rd., for Site Plan Approval, including an addition to existing building and loading dock, as well as a Change of Use to operate a veterinary clinic and two (2) Sign Permits – one (1) freestanding and one (1) attached located at 116 Old Amity Rd. The property is wholly located within the Business and Industrial Zone. It is located in the South Central Connecticut Regional Water Authority public water supply watershed area.

Whereas, Kimberly McClure Brinton applied on March 2, 2011, to the Bethany Planning and Zoning Commission for Site Plan Approval, including an addition to existing building and loading dock, as well as a Change of Use to operate a veterinary clinic and two (2) Sign Permits – one (1) freestanding and one (1) attached located at 116 Old Amity Rd;

Whereas, the Commission, at its regular meeting of March 2, 2011, considered the application information, statement of use, testimony and other pertinent information relating to a request for Site Plan Approval, including addition to existing building and loading dock, as well as a Change of Use to operate a veterinary clinic and two (2) Sign Permits – one (1) freestanding and one (1) attached located at 116 Old Amity Rd;

Whereas, as the subject property is located within the Business and Industrial Zone, the Commission finds that the change of use from residential to this veterinarian clinic brings the property in closer harmony with the zoning regulations, which prohibit residential uses as the principle use on business and industrially zoned property;

Now Therefore the Commission makes the following findings of fact:
1) The Commission received a letter dated February 28, 2011, from Alexis Rinaldi, representative of Quinnipiack Valley Health District, stating she has approved the construction of an addition for a veterinary clinic on the property.
2) The Commission received a letter dated February 22, 2011, from Rod White, Fire Marshal, who stated that he saw nothing preventing this office from approving the application at this time.
3) The Commission received a letter dated February 16, 2011, from Ronald Walters of the South Central Connecticut Regional Water Authority, in which he stated that the stormwater management system appears adequate and that hazardous wastes should be disposed of property.
4) The Inland Wetlands Commission approved Application #1162, for a site plan for a veterinary clinic at their regular meeting of February 28, 2011.
5) The Commission received correspondence dated February 17, 2011, from Isabel Kearns, ZEO, to Ray Pantalone, Tree Warden, in which she summarized her conversation with Mr. Pantalone stating that he would like to see the driveway to expand in a southerly direction in an effort to retain the maple tree on the north side of the driveway.

Now Therefore Be It Resolved, that pursuant to Section 5.5.A of the Bethany Zoning Regulations, last effective date of December 17, 2010, the Bethany Planning and Zoning Commission approves the Site Plan, including an addition to existing building and loading dock, as well as a Change of Use to operate a veterinary clinic and two (2) Sign Permits – one (1) freestanding and one (1) attached located at 116 Old Amity Road as presented in the application, statement of use and testimony and in accordance with the following submitted plans entitled:
· “Site Plan” prepared for Country Companions Veterinary Services, LLC, dated January 17, 2011, revised to February 1, 2011, prepared by Nowakowski, O’Bymachow, Kane Associates, Shelton, Connecticut.
· “Map of property – Existing Conditions Map” prepared for Country Companions Veterinary Services, LLC, dated December 28, 2010, revised to February 1, 2011, prepared by Nowakowski, O’Bymachow, Kane Associates, Shelton, Connecticut.
· “Proposed Site Plan” dated February 15, 2011, prepared by John A. Matthews A.I.A. Architecture and Planning, Madison, Connecticut.
· “Site Lighting Plan” dated February 3, 2011, prepared by John A. Matthews A.I.A. Architecture and Planning, Madison, Connecticut.
· “Site Lighting Point Calculation specified Locations” dated February 8, 2011, prepared by John A. Matthews A.I.A. Architecture and Planning, Madison, Connecticut.
· “Proposed First Floor Plan” dated January 18, 2011, prepared by John A. Matthews A.I.A. Architecture and Planning, Madison, Connecticut.
· “Proposed Second Floor Plan” dated January 18, 2011, prepared by John A. Matthews A.I.A. Architecture and Planning, Madison, Connecticut.
· “Proposed Basement & Foundation Plan” dated January 18, 2011, prepared by John A. Matthews A.I.A. Architecture and Planning, Madison, Connecticut.
· “Proposed Elevations” dated January 18, 2011, prepared by John A. Matthews A.I.A. Architecture and Planning, Madison, Connecticut.
· “Proposed Elevations and Building Sections” dated January 18, 2011, prepared by John A. Matthews A.I.A. Architecture and Planning, Madison, Connecticut.

And with the following conditions:
1) A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
2) The Fire Marshal must sign off prior to a certificate of occupancy.
3) There shall be no kennel services allowed.
Voting were: Huxley, Spear, Shurtleff, Ford, Winer.
Vote 5 to 0.
Unanimous approval.


3) 100 Miller Road, Application #2011-007 submitted by Chris Stoyer for a Two-Lot Resubdivision (Hopp Brook Subdivision) –

The Commission formally received the application. Present to speak on behalf of this application was Attorney Mike Alexander, representing the applicant, Chris Stoyer. Also present was James Sakonchick, P.E./L.S. of Kratzert, Jones and Associates, Inc.

Mr. Sakonchick reviewed the proposed project noting:
That the area outside of the floodplain is approximately 7 or 8 acres.
That he will contact the Conservation Commission pertaining to the conservation and trail easement.
That a waiver of fire suppression water source will be requested.

In discussion, Commission members noted:
A public hearing will be scheduled.
The application will be distributed to Staff for review.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, April 6, 2011. Tabled.


OLD BUSINESS

1) Discussion with Mike Okrent of the Clean Energy Task Force regarding Small Wind Energy Systems – Mr. Okrent was present for this discussion. Mr. Okrent stated he has researched the subject and reviewed this information with the Commission. Mr. Okrent shall work with Hiram Peck, Planning Consultant, to redraft the proposed regulation on Small Wind Energy Systems for a pilot program. Tabled.

2) Zoning Regulation Amendments to the Aquifer Protection Area Regulations – Hearing scheduled for April 6, 2011. Tabled.

3) Discussion regarding Outdoor Wood Burning Furnaces – Chairman Huxley stated she attended the February 14, 2011, Board of Selectmen Meeting and that the Board of Selectmen would like to wait and see the outcome of the Tolland, CT lawsuit and if the Department of Environmental Protection makes and changes in their regulations. The ZEO will continue to handle the furnaces as regulated at this time by the Department of Environmental Protection. Tabled.

4) Discuss increasing application fees – Chairman Huxley stated the Commission requested a survey of a schedule of fees for other towns and would like to forward a recommendation to the Board of Selectmen for a Town Ordinance. Mr. Peck will handle this. Tabled.

5) Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.

6) Discuss Architectural Reviews – Tabled.

7) Proposed Town of Bethany Noise Control Ordinance – Tabled.

8) Update on Halter Estates – Tabled.

It was moved by Shurtleff and seconded by Spear to adjourn the regular meeting at 8:55 p.m. Unanimous approval.

Respectfully submitted,


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