Monday, July 23, 2012

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JULY 11, 2012                                                         Page 1 of 8

The regular meeting of the Planning and Zoning Commission was called to order at 7:01 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

Kimberly McClure Brinton, Member

Michael Calhoun, Member

Donna Shea, Alternate Member, seated as a voting member

Nellie Rabinowitz, Alternate Member, seated until Member Brinton arrived at 7:05 p.m.

The following Commission Member was absent or excused:

Patricia Winer, Member

Also present were:

Isabel Kearns, Zoning Enforcement Officer

Hiram Peck, Planning Consultant

APPROVAL OF MINUTES

1. It was moved by Shurtleff and seconded by Calhoun to approve, as submitted, the minutes of

the June 6, 2012, Regular Meeting.

Voting for: Spear, Shurtleff, Calhoun, Rabinowitz, Shea.

Unanimous approval.

GENERAL CORRESPONDENCE

1. Letter from Barbara Welker of 304 Wooding Hill Road, dated June 6, 2012, Re: Concern with application for 324 Wooding Hill Road pertaining to pond on 304 Wooding Hill Road with five photographs attached.

2. Letter from Nafis & Young, Town Engineer, dated June 6, 2012, Re: Review of plans dated June 4, 2012, for 324 Wooding Hill Road.

3. Letter from Nafis & Young, Town Engineer, dated June 24, 2012, Re: Review of supplemental information for 324 Wooding Hill Road.

4. Letter from Evans Associates to Barbara Welker, dated June 22, 2012, Re: Site Inspection of 17 Acre Property, Wooding Hill Road, Bethany.

5. Letter from Evans Associates to Barbara Welker, dated July 5, 2012, Re: Recommendations to Protect Wetland/Pond, Wooding Hill Road.

6. Email from John Laudano, Quinnipiack Valley Health District Representative, dated July 10, 2012, Re: Approval of proposed food service business at 777 Amity Road (Chubby Oven).

7. Email from Ron Walters, South Central Connecticut Regional Water Authority, dated July 11, 2012, Re: 777 Amity Road and 53 Lacey Road are off the public water supply watershed.

8. Letter from Neighbors of 1052 Amity Road, dated June 28, 2012, Re: Concerned with activity of resident at 1052 Amity Road, dirt bike race and jumping course with attached photographs.

The Commission discussed Section 6.19 of the Zoning Regulations, and will use this Section in a letter which Hiram Peck, Planning Consultant, will draft to forward to property owner.

9. Letter from Isabel Kearns, ZEO, to Liz Doering of 184 Sperry Road, dated July 3, 2012, Re: Use of Property at 91 Bethway Road.

10. Letter from The Connecticut Environmental Review Team, date June 2012, Re: Free service to municipalities of CT in making land use decisions.

11. Email from SCRCOG with attached information, dated June 26, 2012, Re: Town of Hamden proposed Zoning Regulation Amendments.

12. Email from SCRCOG with attached information, dated June 26, 2012, Re: Town of Cheshire proposed Zoning Regulation Amendments.

BILLS

1) It was moved by Calhoun and seconded by Shurtleff to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for June 2012, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for: Spear, Shurtleff, Calhoun, Rabinowitz, Shea.

Unanimous approval.

2) It was moved by Shurtleff and seconded by Spear to approve the payment of a bill for $95.00, dated July 11, 2012, from John McLeod for recording services for the public hearing (324 Wooding Hill Road).

Voting were: Spear, Shurtleff, Calhoun, Brinton, Shea.

Unanimous approval.

ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO, discussed the following:

• Letter to Liz Doering, dated July 3, 2012, property at 91 Bethway Road – Ms. Doering purchased 91 Bethway Road and a new business will be coming in. In the Zoning Regulations, Section 4.4.E. states the residents who dwell on the property need to operate the business. The owner does not have to live on the property.

• Last month sent out violation letters from the list prepared December 7, 2011. Ms Kearns stated she has had many responses to work towards compliance. For those who did not reply, Ms. Kearns will send out a second letter.

PUBLIC HEARING

324 Wooding Hill Road, Application #2012-012 submitted by Megan Robertson for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit –

At 7:30 p.m., Chair Spear called to order the public hearing on Application #2012-012. The call for the public hearing was read. Chair Spear reviewed the complete contents of the application file.

Chair Spear noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:

A. Exhibit 1A – Letter from Barbara Welker of 304 Wooding Hill Road, dated June 6, 2012, Re: Concern with application for 324 Wooding Hill Road pertaining to pond on 304 Wooding Hill Road with five photographs attached.

B. Exhibit 1B – Letter from Nafis & Young, Town Engineer, dated June 6, 2012, Re: Review of plans dated June 4, 2012, for 324 Wooding Hill Road.

C. Exhibit 1C – Letter from Nafis & Young, Town Engineer, dated June 24, 2012, Re: Review of supplemental information for 324 Wooding Hill Road.

D. Exhibit 1D – Letter from Evans Associates to Barbara Welker, dated June 22, 2012, Re: Site Inspection of 17 Acre Property, Wooding Hill Road, Bethany with attached map hand marked with blue highlighter.

E. Exhibit 1E – Letter from Evans Associates to Barbara Welker, dated July 5, 2012, Re: Recommendations to Protect Wetland/Pond, Wooding Hill Road with attached map hand marked with red pencil.

F. Exhibit 1F – Letter from New England Environmental Service, Richard Snarski, Certified Soil Scientist, to Angus McDonald, Jr., L.S., dated June 18, 2012, Re: Review comments on surface drainage swale and man-made pond on abutting property.

Isabel Kearns, ZEO, stated the Inland Wetlands Commission has not acted on this application at this time but the Wetlands Commission has scheduled a Special Meeting on Monday, July 16, 2012.

Present to speak on behalf of the application was Mr. Fern Tremblay, P.E. from Angus McDonald/Gary Sharpe & Associates. Mr. Tremblay submitted revised plans prepared by Angus McDonald/Gary Sharpe & Associates, Old Saybrook, Connecticut, entitled as follows:

a. “Overall Site Development Plan”, dated March 23, 2012, revised to July 5, 2012.

b. “Site Development Plan”, dated March 23, 2012, revised to July 5, 2012.

Mr. Tremblay reviewed the proposed project. Some of topics Mr. Tremblay noted are:

• The grading around the proposed house will be minimal.

• Soil testing has been completed with Quinnipiack Valley Health District in January 2012 and the septic system has been approved.

• The revised plans address the concerns mentioned in the Evans Associates letters dated June 22, 2012 and July 5, 2012.

• Letter from Soil Scientist Richard Snarsky, dated June 18, 2012, states the wetlands (pond) are off the subject property.

In discussion, some Commission members noted:

• Concerned with sheet flow from proposed driveway and if catch basin can handle volume of water.

• The property owner shall be responsible to maintain catch basin but if property owner doesn’t Town should have permission to do so.

• Maintenance of swale, berm and catch basin will be very critical.

• Fill will not be trucked off site.

• Need Inland Wetlands Approval before Planning and Zoning Commission can act on this application.

Chair Spear then asked if there were any comments from the public. The following members of the public presented their concerns with the volume of the water runoff from the proposed driveway and the catch basin that is being proposed to handle the water runoff:
A. John Hackett of 328 Wooding Hill Road

B. Linda Wooster of 312 Wooding Hill Road

C. Barbara Welker of 304 Wooding Hill Road – (concerned with the contamination of the vernal pool on her property which abuts the subject property.)

D. Karen Hacket of 328 Wooding Hill Road
The Commission scheduled a Site Visit for Sunday, July 15, 2012, at 9 a.m.
The Commission scheduled a continuation of the public hearing for Wednesday, July 18, 2012, at 6:30 p.m. in the Commission Meeting Room.
At 8:46 p.m., Chair Spear recessed the public hearing and continued the public hearing to July 15, 2012 Site Visit and then July 18, 2012, Special Meeting in the Commission Meeting Room of the Bethany Town Hall.
NEW BUSINESS

1) 53 Lacey Road, Application #2012-013 submitted by Andrew Eaves for a Home Occupation Permit for an online business and health care consulting practice –
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 by Calhoun and seconded by Brinton to approve the following resolution for Application #2012-013:
Whereas, Andrew Eaves applied to the Planning and Zoning Commission on July 11, 2012, for a home occupation permit to operate an on-line retail business and home-based health care consultant practice at 53 Lacey Road;
Whereas, the Commission at its regular meeting of July 11, 2012, considered the statement of use dated June 20, 2012, 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 June 20, 2012, indicating her approval.

2) Rod White, Fire Marshal, signed off on the back of the application form on June 21, 2012, indicating his approval.

3) In an e-mail dated July 11, 2012, from Ron Walters, South Central Connecticut Regional Water Authority representative, to Isabel Kearns, ZEO, Mr. Walters stated that the subject property is off of the public water supply watershed area.

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, effective December 7, 2011, the Bethany Planning and Zoning Commission approves the application of Andrew Eaves for a home occupation permit to operate an on-line retail business and home-based health care consultant practice at 53 Lacey Road, as outlined in the Statement of Use dated June 20, 2012.

Voting were: Spear, Shurtleff, Calhoun, Brinton, Shea.

Unanimous approval.

2) 777 Amity Road, Application #2012-014 submitted by Marisa Faleri for a Change of Use to operate Chubby Oven, LLC (pizza making business) –

The Commission formally received the application. Present to speak on behalf of this application was Marisa and Stefano Faleri, applicant..

Isabel Kearns, ZEO, stated Marisa’s father operated an eyelet factory and no longer do that. Chubby Oven will prepare just the dough at this location. There will be no cooking. They did receive approval from Quinnipiack Valley Health District.

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.

It was moved by Brinton and seconded by Shurtleff to approve the following resolution for Application #2012-014:

Whereas, Marisa Faleri applied on July 11, 2012, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate a kitchen for the Chubby Oven, LLC located at 770 Amity Road;

Whereas, in a letter dated July 2, 2012, Joseph and Barbara Gabriele, owners of 777 Amity Road, authorized Marisa Faleri and Stefano Faleri to apply for the necessary land-use applications to operate Chubby Oven, LLC from the subject property;

Whereas, the Commission, at its regular meeting of July 11, 2012, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate Chubby Oven, LLC located at 777 Amity Road;

Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;

Now Therefore the Commission makes the following findings of fact:

1) John Laudano, Quinnipiack Valley Health District representative, sent an e-mail dated July 10, 2012, stating that he has approved the food service business (Chubby Oven, LLC) to operate at 777 Amity Road.

2) Rod White, Fire Marshal, signed off on the back of the application form on July 3, 2012, indicating his approval of this application.

3) The Commission received an e-mail dated July 11, 2012, from Ron Walters of the South Central Connecticut Regional Water Authority to Isabel Kearns, ZEO, in which he states that the subject property is not on the public water supply watershed area.

Now Therefore Be It Resolved, that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate Chubby Oven, LLC at 770 Amity Road, as presented in the application, statement of use and testimony with the following condition:

1) A building permit for an Interior-Fit-Out must be approved by the Building Official and the Fire Marshal prior to any renovations to or occupancy of the building.

Voting were: Spear, Shurtleff, Calhoun, Brinton, Shea.

Unanimous approval.

3) 168/170 Beacon Road, Application #2012-015 submitted by William Marek for a two-lot subdivision –

The Commission formally received the application. The applicant submitted a letter of withdrawal dated July 11, 2012. Applicant needs to go to Zoning Board of Appeals first.

4) 61 Russell Road, Application #2012-016 submitted by Mark Romano for a two-lot subdivision –

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, Mark Romano, who was also present.

Mr. Garcia briefly reviewed his proposal with the Commission noting:

• There are no wetlands on the site.

• Need to receive determination from the Inland Wetlands Commission.

The Commission scheduled a site visit for Sunday, July 15, 2012.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, August 1, 2012. Tabled.

5) 327 Litchfield Turnpike – Preliminary discussion regarding nonprofit agricultural endeavor including home office and farming land –

Present for this discussion was Toby Fischer. Mr. Fischer briefly reviewed the proposed project to create a small agricultural non-profit endeavor which uses a vegetable farm to facilitate learning experiences and provide food for the local community. Mr. Fischer submitted a brief outline, dated July 1, 2012, of the proposed activity with a map attached.

Commission members asked questions and determined Mr. Fischer needs to submit an application for a home occupation permit for office for proposed activity.

Isabel Kearns, ZEO, will work with Mr. Fischer to prepare application for the next meeting on August 1, 2012.

OLD BUSINESS

1) 324 Wooding Hill Road, Application #2012-012 submitted by Megan Robertson for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – Public hearing continued to July 15, 2012, Site Visit and then July 18, 2012, Special Meeting in Commission Room.

2) Discussion and possible action to set public hearing date regarding proposed amendments to the Zoning Regulations on accessory buildings and signage for larger parcels -

Hiram Peck, Planning Consultant prepared and distributed draft wording for consideration for Zoning Regulation Revisions, draft addition to Zoning and Subdivision Regulations for Digital Mapping Data Submission Requirements and draft on accessory building amendments. Mr. Peck asked Commission members to review and forward any corrections to him. Tabled.

3) Discuss increasing application fees – Tabled.

There being no further business to come before the Commission, it was moved by Brinton and seconded by Calhoun to adjourn the regular meeting at 9:15 p.m. Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk

For the Planning and Zoning Commission