Wednesday, July 25, 2012


The special meeting of the Planning and Zoning Commission was called to order at      6:30 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, Chairman
            Mary Shurtleff, Vice-Chairman
            Michael Calhoun, Member
            Patricia Winer, Member
            Donna Shea, Alternate Member, seated as a voting member.

The following Commission members were absent or excused:
            Kimberly McClure Brinton, Member
            Nellie Rabinowitz, Alternate Member

Also present were:
            Isabel Kearns, Zoning Enforcement Officer

·         Public Hearing Continuation pertaining to the following application for property located at 324 Wooding Hill Road, Application #2012-012 submitted by Megan Robertson for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit -

At 6:35 p.m., Chair Spear called to order the public hearing continuation on       Application #2012-012.  The call for the public hearing continuation was read. 

Chair Spear stated for the record that she did not attend the site visit on July 15, 2012, but walked the site on her own.  Chair Spear noted that all the Commission members in attendance this evening attended the site visit on July 15, 2012.

Chair Spear noted that the Commission has received the following items relative to the subject application.  Exhibit identification was assigned as noted:
A.    Exhibit 2A – Email from Alexis Rinaldi, RS from the Quinnipiack Valley Health District, dated July 16, 2012, Re:  Approval of the site plan revised to July 5, 2012, for 324 Wooding Hill Road.
B.     Exhibit 2B – Copy of Inland Wetlands Permit #1188 for a residential site development located at 324 Wooding Hill Road, approved July 16, 2012.
C.     Exhibit 2C  Copy of “Long Term Maintenance Schedule – 324 Wooding Hill Road”, dated July 16, 2012 prepared by the applicant.

Present to speak on behalf of the application was Mr. Fern Tremblay, P.E. from Angus McDonald/Gary Sharpe & Associates. 

In discussion, some Commission members noted:
·         Applicant is going try to preserve the wolf tree that was viewed at the site visit.
·         Applicant might be removing any unused material after site is completed so there will be no stockpiling.

Chair Spear then asked if there were any comments from the public.  There were no comments.

At 6:45 p.m., Chair Spear closed the public hearing on the subject application.

Isabel Kearns, Zoning Enforcement Officer,  prepared a draft resolution.  Commission members reviewed and proceeded to deliberate.

It was moved by Shurtleff and seconded by Calhoun to approve the following resolution for Application #2012-012:

Whereas, the owner of the property, Joleslie Oudeh (Harold Michael Trust) authorized Megan Robertson to act as the agent for this application in a letter dated March 26, 2012;

Whereas, Megan Robertson applied on May 2, 2012, to the Bethany Planning and Zoning Commission for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit for site work associated with the development of 324 Wooding Hill Road;

Whereas, the applicant proposes to disturb 1.90 acres, including 3,911 cubic yards of cuts and 1,087 cubic yards of fill in conjunction with the development of this lot;

Whereas, the Commission held public hearings on June 6, 2012, July 11, 2012 and       July 18, 2012, on this application (#2012-012);

Whereas, the Commission closed the public hearing at the conclusion of the testimony on July 18, 2012;

Whereas, the Commission at its special meeting of July 18, 2012, considered the plans, testimony and other pertinent application information associated with this Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading application for the site development of 324 Wooding Hill Road;

Now Therefore, the Commission makes the following findings of fact and decision regarding this application:

  1. The Commission received an e-mail from Alexis Rinaldi, Quinnipiack Valley Health District Representative, in which she states that she has approved the Site Development Plan with a revision date of July 5, 2012.
  2. The Commission received Permit #1188 from the Inland Wetlands Commission which was approved on July 16, 2012.
  3. The Commission received a letter dated June 5, 2012, from Ronald Walters, representative of the South Central Connecticut Regional Water Authority, in which he provides some general comments regarding erosion control, septic system maintenance, etc.

  1. The Commission received two letters from Nafis & Young Consulting Engineers (Town Engineer) dated June 6, 2012, and June 24, 2012.  Per the letter dated      June 24, 2012, the driveway drainage shall be inspected after installation and after several storm events to insure everything is functioning properly.
  2. The Commission received a document entitled, Long-Term Maintenance Schedule (dated July 16, 2012) from Angus McDonald, Jr., the applicant’s engineer.
  3. The Commission finds that the Erosion and Sedimentation Control Plan is acceptable and is hereby approved as shown on the Overall Site Development Plan and Site Development Plan prepared by Angus McDonald, Gary Sharpe and Associates both dated March 23, 2012, last revised July 5, 2012 and as reflected in the Long Term Maintenance Schedule – 324 Wooding Hill Road, Bethany, CT dated July 16, 2012.
  4. The Commission received letters dated June 22, 2012, and July 5, 2012, from Evans Associates Environmental Consulting.  Ms. Evans suggestions have been incorporated in the approved plan revised to July 5, 2012.

Now Therefore Be It Resolved, that pursuant to Section 8 of the Bethany Zoning Regulations, amended to December 11, 2011, the Bethany Planning and Zoning Commission approves the Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit for the development of 324 Wooding Hill Road, as presented in the application and in association with the testimony given, and in accordance with the following submitted plans prepared by Angus McDonald/Gary Sharpe & Associates, Inc., Old Saybrook, Connecticut, entitled:
·         “Overall Site Development Plan”, dated March 23, 2012, revised to July 5, 2012.
·         “Site Development Plan”, dated March 23, 2012, revised to July 5, 2012.

And with the following conditions:

1)      An estimate for a bond for erosion control measures must be received and reviewed by Town Engineer.
2)      Said bond must be in an amount acceptable to Town Engineer and in a form acceptable to Town Counsel.
3)      Prior to the commencement of work, the Zoning Enforcement Officer shall inspect and approve ALL erosion control measures.
4)      The driveway drainage must be inspected and approved by the Town prior to a certificate of occupancy being issued.
5)      A bond shall be held for a period of one year to assure the driveway drainage functions adequately.
6)      As agreed to by the applicant, the applicant/homeowner/future owners will be responsible for the long-term maintenance of the driveway drainage as outlined in the long-term stormwater maintenance document dated July 16, 2012.  Should the applicant/owner fail to properly maintain the drainage structures, the Town shall have the absolute right to conduct such work to comply with the long-term maintenance plan.  If the Town is required to do said work, the Town shall be privileged to place a lien on the property for the cost of the work performed, any legal fees, engineering fees or any other such cost associated with the maintenance

and placing of the lien on the property.  Said maintenance agreement is specifically to insure that to the extent possible the work being performed to create the new driveway will not adversely affect the pond and associated wetlands located on the abutting property, 304 Wooding Hill Road.  Also, that the maintenance agreement is being required so as to insure that the existing town drainage system in the area is not adversely affected by the construction of the new driveway or any erosion and sedimentation over time from the same driveway, side slopes or grading.
7)      A notice shall be placed on the land records to assure that future owners are aware of the long-term maintenance obligation of the stormwater management system.
8)      A minimal amount of material may be trucked offsite in order to avoid stockpiling of any excess material related to the site development.  However, select fill may be introduced to the site for the septic system.

Voting in favor:  Spear, Shurtleff, Calhoun, Winer, Shea.
Voting opposed:  None.
Vote 5 to 0.
Unanimous approval.

There being no further business to come before the Commission, it was moved by Shurtleff     and seconded by Shea to adjourn the special meeting at 6:59 p.m.  Unanimous approval.

Respectfully submitted,

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