MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, OCTOBER 5, 2011 Page 1 of 7
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:
Melissa Spear, Chair
Mary Shurtleff, Vice-Chair
Patricia Winer, Member
Michael Calhoun, Member
Kimberly McClure Brinton, Member
Marc Adelberg, Alternate Member
Donna Shea, Alternate Member, seated as a voting member.
The following Commission Member was absent or excused:
Nellie Rabinowitz, Alternate Member
Also present were:
Hiram Peck, Planning Consultant
Isabel Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Winer and seconded by Calhoun to approve the minutes of the September 7, 2011, Regular Meeting with the following change:
Page 7, Fifth Paragraph – Reads “The Commission scheduled a public hearing date of Wednesday, October 5, 2011, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall.” Change to “The Commission scheduled a public hearing date of Wednesday, October 5, 2011, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall.”
Voting for: Spear, Shurtleff, Winer, Calhoun, Shea.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Email from Eugene Livshits, South Central Regional Council of Governments, dated September 26, 2011, Re: Referral will be reviewed during October 13, 2011 Regional Planning Meeting regarding Bethany proposed amendment to Section 6 – Prohibited Uses.
2. Letter from Valley Council of Governments, dated September 29, 2011, Re: Referral comments on Bethany proposed amendment to Section 6 – Prohibited Uses.
3. Letter from EMG Properties, LLC, dated September 8, 2011, Re: Revisions to planting plan for 437 and 443 Fairwood Road with attached sketches.
4. Memo from Isabel Kearns, ZEO, dated July 13, 2011, Re: Review comments on plans dated June 1, 2011, for 18 Munson Road.
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5. Copy of letter from SCC Regional Water Authority to the Inland Wetlands Commission, dated July 21, 2011, Re: Review comments on application for 18 Munson Road, construction of building addition.
6. Copy of letter from SCC Regional Water Authority to the Inland Wetlands Commission, dated August 19, 2011, Re: Comments addressed on revised plan dated July 15, 2011, 18 Munson Road.
7. Letter from Nafis & Young, dated October 3, 2011, Re: 100 Miller Road, comments have been addressed, drainage designed to meet zero increase in runoff.
8. Email from Brian Botti, owner of 696 Amity Road, Units B-1, 3, 4, 5, 6, to QVHD, dated September 7, 2011, Re: Vacating Unit B-6 to allocate water usage to Unit B-1, Medical Office.
9. Letter from QVHD, dated September 14, 2011, Re: 696 Amity Road, Unit B-1, recommending approval due to vacant Unit B-6.
10. Letter from SCC Regional Water Authority, dated September 15, 2011, Re: 696 Amity Road, general practitioner office, no comment.
11. Letter from SCC Regional Planning Commission to Town Planner, Seymour, dated September 9, 2011, Re: Referral comments on Town of Seymour proposed zoning map amendment.
12. Letter from SCC Regional Planning Commission to Town of Prospect, dated September 9, 2011, Re: Referral comments on Town of Prospect proposed zoning regulation amendment to Section 6.4 – Off-street parking requirements.
13. Letter from SCC Regional Planning Commission to Town of Prospect, dated September 9, 2011, Re: Referral comments on Town of Prospect proposed moratorium on accepting proposed wind energy regulation applications.
PUBLICATIONS AND WORKSHOPS
1. Land Use Academy Advanced Training, Saturday, November 5, 2011, CCSU.
2. Brochure from Conservation Commission of Beacon Falls, 2011.
3. Connecticut Landscape Architecture, 2011.
BILLS
1) It was moved by Calhoun and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for September 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Calhoun, Brinton, Winer.
Unanimous approval.
2) It was moved by Shurtleff and seconded by Winer to approve the payment of a bill for $95.00, dated October 5, 2011, from John McLeod for recording services for the public hearing (Zoning Regulation amendment).
Voting for: Spear, Shurtleff, Calhoun, Brinton, Winer.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO, reported on the following:
The First Selectman has assigned hearing officers (Mark Pearson and Norman Cole) to fine violators.
The Commission requested the ZEO to prepare a list of properties that have violations and submit to the Commission for review.
The Commission requested the ZEO to investigate the following properties
a) 256 Amity Road, Nino’s Garage – outside storage of cars.
b) 607 Litchfield Turnpike – possible business operation.
PUBLIC HEARING
· Proposed amendments to the Bethany Zoning Regulations to Section 6 – Prohibited Uses. Add #6.28 – Signs with any type of internal lighting or internal illumination.
At 7:30 p.m., Chair Spear called to order the public hearing on the proposed amendments to Section 6 – Prohibited Uses. Add #6.28 – Signs with any type of internal lighting or internal illumination.
Chair Spear then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Email from Eugene Livshits, South Central Regional Council of Governments, dated September 26, 2011, Re: Referral will be reviewed during October 13, 2011 Regional Planning Meeting regarding Bethany proposed amendment to Section 6 – Prohibited Uses.
B. Exhibit 1B - Letter from Valley Council of Governments, dated September 29, 2011, Re: Referral comments on Bethany proposed amendment to Section 6 – Prohibited Uses.
In discussion, Commission members noted:
The South Central Regional Planning Commission will not be reviewing the referral until the October 13, 2011, RPC meeting.
Hiram Peck, Planning Consultant, briefly reviewed the Commission’s decision to prohibit these types of signs.
Chair Spear then asked if there were any comments from the public. There were no comments.
Chair Spear stated the public hearing will have to remain open to receive comments from the South Central Regional Planning Commission.
At 7:37 p.m., Chairman Huxley recessed the public hearing and continued it to the next regular meeting on Wednesday, November 2, 2011, in the Commission Meeting Room. Tabled.
NEW BUSINESS
1) 437 and 443 Fairwood Road, Application #2011-023 submitted by EMG Properties, LLC for a modification to the Landscaping Plan approved on May 24, 2011.
The Commission formally received the application. Present to speak on behalf of this application was William Grieger, applicant and owner of record.
The Commission received a letter from EMG Properties, LLC, dated September 8, 2011, Re: Revisions to planting plan for 437 and 443 Fairwood Road with attached sketches and also requesting a waiver of the application fees for this application.
Mr. Grieger briefly reviewed his proposal with the Commission.
It was moved by Shurtleff and seconded by Brinton to waive the application fee for the subject Application #2011-023 for 437 and 443 Fairwood Road.
Voting were: Spear, Shurtleff, Winer, Brinton, Calhoun.
Vote 5 to 0.
Unanimous approval.
Isabel Kearns, ZEO, prepared a draft resolution for Application #2011-023 and distributed to Commission members. The Commission reviewed and proceeded to deliberate.
It was moved by Calhoun and seconded by Brinton to approve the following resolution for Application #2011-023
Whereas, the owner of the property, EMG Properties, LLC, applied on October 5, 2011, to the Bethany Planning and Zoning Commission for a Site Plan Modification (#2011-023) to amend the landscaping plan for 437 and 443 Fairwood Road.
Whereas, EMG Properties, LLC had previously applied to the Commission to modify the originally approved landscaping plan via Application #2011-012;
Whereas, the Commission previously conducted a site visit on April 23, 2011, when it was reviewing the Application #2011-012;
Whereas, the Commission, at a regular meeting held on October 5, 2011, considered the plans, testimony and other pertinent application information;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The proposed Three (3) Sugar Maples and the Four (4) Hemlocks satisfy the intent of the original plan dated September 7, 2011.
Now Therefore Be It Resolved, that pursuant to Section 10.2.L.3 of the Bethany Zoning Regulations, amended to April 15, 2011, the Bethany Planning and Zoning Commission approves the modification to the landscaping plan to plant Three (3) Sugar Maples in front of 443 Fairwood Road and Four (4) Hemlocks on the northeast corner of the building, as shown on plans dated September 7, 2011 and with the following conditions:
1) The existing surety bond that is to expire in March shall be renewed in February.
2) All plantings shall be planted no later than the Spring of 2012.
3) The Hemlocks shall be protected and treated as necessary for woolly adelgid disease.
Voting were: Spear, Shurtleff, Winer, Brinton, Calhoun.
Vote 5 to 0.
Unanimous approval.
2) Preliminary discussion with John Paul Garcia regarding 6 Sargent Drive –
Present for this discussion were as follows:
John Paul Garcia, P.E./L.S.
Mr. and Mrs. Mike Patel
Michael J. Fox, of Fox Consulting Services
Attorney Brian Stone
Jeff Slapikas, Builder
A new proposal for a gas station and signage located at 6 Sargent Drive was presented to the Commission for discussion.
3) 18 Munson Road, Application #2011-024 submitted by RDC Holding LLC to construct an addition to building, parking and drainage –
The Commission formally received the application. Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.
The Commission received the following correspondence for this application:
Memo from Isabel Kearns, ZEO, dated July 13, 2011, Re: Review comments on plans dated June 1, 2011, for 18 Munson Road.
Copy of letter from SCC Regional Water Authority to the Inland Wetlands Commission, dated July 21, 2011, Re: Review comments on application for 18 Munson Road, construction of building addition.
Copy of letter from SCC Regional Water Authority to the Inland Wetlands Commission, dated August 19, 2011, Re: Comments addressed on revised plan dated July 15, 2011, 18 Munson Road.
Mr. Garcia briefly reviewed the proposed project noting:
· The applicant is proposing to add an addition to the building in the rear due to the purchase of a large sheet metal machine.
Isabel Kearns, ZEO, stated Mr. Garcia needs to submit an application for a Special Exception Permit for outside storage.
It was moved by Shurtleff and seconded by Winer to amend the agenda for the regular meeting of October 5, 2011, to accept the application submitted by Mr. Garcia for a Special Exception Permit for outside storage located at 18 Munson Road.
Voting were: Spear, Shurtleff, Winer, Brinton, Calhoun.
Vote 5 to 0.
Unanimous approval.
The Commission scheduled a public hearing date of Wednesday, November 2, 2011, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
4) Discussion with Christopher Stoyer regarding 100 Miller Road – 0% runoff, fire suppression and monuments delineating conservation easement –
Present for this discussion were Attorney Michael Alexander, representing Mr. Chris Stoyer, applicant, who was also present.
The Commission received a letter from Nafis & Young, dated October 3, 2011, Re: 100 Miller Road, comments have been addressed, drainage designed to meet zero increase in runoff.
Letter from Rod White, Fire Marshal, dated July 6, 2011, Re: Clarification as to the waiver request for a water source at 100 Miller Road, two-lot resubdivision.
Isabel Kearns, ZEO, stated the applicant has addressed the 0% runoff and the fire suppression water source.
Also Ms. Kearns recommended that due to the stream, Mr. Stoyer will place medallions on the trees for the conservation easement instead of the monuments in or next to the stream.
The Commission requested that a copy of the map reviewed by Nafis and Young, dated September 27, 2011, be submitted to the ZEO with the locations of the trees/medallions and requested the ZEO to prepare an approval letter for the next regular meeting for the Commission’s review and action. Tabled.
OLD BUSINESS
1. Proposed Bethany Zoning Regulation Amendment to Section 6 – Prohibited Uses. Add #6.28 – Signs with any type of internal lighting or internal illumination – Public hearing continued to November 2, 2011. Tabled.
2. Discuss increasing application fees – Tabled.
There being no further business to come before the Commission, it was moved by Shurtleff and seconded by Calhoun to adjourn the regular meeting at 8:50 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
