MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, APRIL 3, 2013 Page 1 of 6
The regular meeting of the Planning and Zoning Commission was called to order at 7:17 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
Michael Calhoun, Member
Kimberly McClure Brinton, Member
Patricia Winer, Member
Nellie Rabinowitz, Alternate Member
Donna Shea, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Hubbell, Assistant Zoning Enforcement Officer
Hiram Peck, Planning Consultant
Kevin McSherry, Town Attorney
APPROVAL OF MINUTES
1. It was moved by Winer and seconded by Shurtleff to approve, as submitted, the minutes of the March 6, 2013, Regular Meeting.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
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 March 2013, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Town Clerk Nancy McCarthy, dated April 3, 2013, Re: Appointment of vacancy for Planning and Zoning Commission Alternate.
2. Letter from Isabel Kearns, ZEO, to Garrett Vorio of 415 Fairwood Road, dated March 13, 2013, Re: Cease and Desist Order for property at 415 Fairwood Road.
3. Letter from Isabel Kearns, ZEO, to Donna Lagaipa of 45 Falls Road, dated March 13, 2013, Re: Final Notice of Violation for property at 45 Falls Road.
4. Letter from Isabel Kearns, ZEO, to Manuel Preta, owner of 33 Old Amity Road, dated March 14, 2013, Re: Cease and Desist Order for property at 33 Old Amity Road.
5. Letter from Isabel Kearns, ZEO, to Elizabeth Doering of 184 Sperry Road, dated March 14, 2013, Re: Cease and Desist Order for property at 184 Sperry Road.
6. Letter from Isabel Kearns, ZEO, to Todd Ryker of 2 Clay Road, dated April 2, 2013, Re: Final Notice of Violation for property at 2 Clay Road.
PUBLICATIONS AND WORKSHOPS
1. Land Use Academy Advanced Training, April 20, 2013, topics covered “Bias, Predisposition and Conflicts”, “Implementing and Enforcing Land Use Decisions: the use of conditions and modifications in land use permitting and the challenges of land use enforcement.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO. No report at this time.
NEW BUSINESS
No new business.
The Planning and Zoning Commission recessed at 7:25 p.m. and relocated to the Gymnasium for the following public hearing.
PUBLIC HEARING
• Application #2013-007 submitted by Green Haven Inc. pertaining to a proposed amendment to the Bethany Zoning Regulations to add Section 23 – Bethany Open Space Housing District.
Approximately 320 individuals were in attendance for the public hearing for Application #2013-007 submitted by Green Haven Inc. for a proposed amendment to the Bethany Zoning Regulations to add Section 23 – Bethany Open Space Housing.
At 7:32 p.m., Chair Spear called to order the public hearing on the above referenced application. The call for the public hearing was read. Chair Spear reviewed the complete contents of the application file.
Chair Spear reviewed the procedure that would be followed to conduct the public hearing.
Chair Spear then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
1) Letter from Bethany Conservation Commission dated March 29, 2013, Re: Comments on Proposed Bethany Zoning Regulation Amendment for Open Space Housing District.
2) Letter from Valley Council of Governments, Regional Planning Commission, dated March 27, 2013, Re: Referral from the Town of Bethany: Proposed Amendment to the Bethany Zoning Regulations to Add Section 23 – Open Space Housing District.
3) Letter from South Central Connecticut Regional Water Authority, dated April 2, 2013, Re: Comments on Open Space Housing District zoning regulations.
4) Letter from State of CT Department of Public Health, dated April 3, 2013, Re: Comments on proposed Bethany Open Space Housing District Regulations.
5) Letter from South Central Connecticut Regional Planning Commission, dated April 2, 2013, Re: Proposed Zoning Regulation Amendments to add Section 23 – Bethany Open Space Housing District.
6) Letter from Rachel Linsky of 39 Brookwood Road, dated March 9, 2013, Re: Comments on proposed amendment to add Open Space Housing District.
7) Letter from Thelma Lumpkin of 73 Sperry Road, dated March 7, 2013, Re: Comments on proposed amendment to add Open Space Housing District.
8) Letter from John Wolanic of 219 Carrington Road, dated March 7, 2013, Re: Comments on proposed amendment to add Open Space Housing District.
9) Letter from Susan Wolanic of 219 Carrington Road, submitted March 8, 2013, Re: Comments on proposed amendment to add Open Space Housing District.
10) Letter from Paul Kraus of 335 Beacon Road, submitted March 18, 2013, Re: Comments on proposed amendment to add Open Space Housing District.
11) Letter from Rita Brieger of 41 Bethridge Road, submitted March 6, 2013, Re: Comments on proposed amendment to add Open Space Housing District.
12) Letter from Bernice and Frank Mozealous of 44 Carmel Road, dated March 6, 2013, Re: Comments on proposed amendment to add Open Space Housing District.
13) Letter from Judith Sulkis of 70 Ann Drive, submitted March 7, 2013, Re: Comments on proposed amendment to add Open Space Housing District.
14) Letter from Philip and Adele Fama of 95 Luke Hill Road and Jeff and Pam Rubelman of 7 Robertson Drive, dated March 6, 2013, Re: Comments on proposed amendment to add Open Space Housing District.
15) Letter from Eric and Kyoko Tischer of 344 Sperry Road, dated March 31, 2013, Re: Comments on proposed amendment to add Open Space Housing District.
16) Letter from Lisa Anderson of 62 Wooding Hill Road, dated April 2, 2013, Re: Application to amend the Bethany Zoning Regulations to add Section 23, Open Space Housing District.
17) Letter from Sheila Wade and Michael Kaloyanides of 150 Litchfield Turnpike, dated April 3, 2012, Re: Comments on proposed amendment to add Section 23.
18) Letter from Lesley and John Higgins-Biddle of 63 Hoadley Road, dated April 3, 2013, Re: Comments on Open Space Housing District.
19) 178 Blue Postcards to the Planning and Zoning Commission from Bethany Residents with 305 signatures regarding the proposed zoning change to establish Open Space Housing District in Bethany.
20) Letter from Bethany Volunteer Fire Department dated April 3, 2013, Re: Comments on proposed zoning change for Open Housing District.
21) Letter from Attorney James Miele, dated April 2, 2013, Re: Halter Estates Senior Community, LLC, the owner of 4 and 21 Meyers Road consents to the proposed amendment.
22) Index card from Marc Tobin of 60 Valley Road, received April 3, 2013, Re: Questions pertaining to proposed amendment.
23) Letter with report from Hiram Peck, Planning Consultant, dated April 3, 2013, Re: Staff review memo of Green Haven Open Space Housing Development Zoning Amendment.
24) Letter from Kris Sullivan (Kris read at public hearing), dated April 3, 2013, Re: Comments on Zoning Regulation Revision.
25) Six graphics submitted by Louise Harter of 64 Meyers Road during Louise’s presentation at the public hearing on April 3, 2013.
The following individuals made a presentation during the public hearing pertaining to the proposed amendment by Green Haven, Inc.:
• Jack Nork of 290 Beacon Road, Bethany, CT, member of the Green Haven Community.
• Brenda Caldwell, 6 Brookwood Road, Bethany, CT, member of the Green Haven Community.
• David Berto, Housing Consultant, Housing Enterprises Inc., Enfield, CT.
• Attorney John Parese of Parrett, Porto, Parese & Colwell, Hamden, CT, representing the applicant, Green Haven, Inc.
• Charlotte Hitchcock, of 66 Elmwood Road, New Haven, CT, member of the Green Haven Community.
Also, the Green Haven group provided a slide presentation. Copy of these slides are available at PZC Clerks office in Bethany Town Hall.
Hiram Peck, Planning Consultant, reviewed his letter he prepared dated April 3, 2013, (Exhibit 23) during the public hearing which included answering questions from the Planning and Zoning Commission.
Chair Spear opened the hearing up to comments from Town Officials. The following Town Officials spoke:
• Derrylyn Gorski, First Selectman
• Don Shea, Selectman
Next, Chair Spear opened the public hearing for questions from the Planning and Zoning Commission Members.
Following the Commission Members questions, Chair Spear opened the hearing for public comments.
The following residents spoke in opposition to the proposed amendment:
• Susan Corrone of 35 Russell Road.
• Ken Seaton of 485 Bethmour Road.
• Kristine Sullivan of 783 Amity Road. (submitted letter - Exhibit 24)
• Sharon Huxley of 340 Old Mill Road.
• John Paul Garcia of 190 Fairwood Road.
• Linda Francois of 128 Brooks Road.
• Richard Podoloff of 20 Carrington Road.
• James Seaton of 485 Bethmour Road.
• Charles Shaboo of 17 Prince Drive.
• Dr. Lou Cofrancesco of 319 Sperry Road.
• Anthony Anastasio of 323 Miller Road.
• Pat Stewart of 79 Meyers Road.
• Lisa Gaw of 295 Downs Road
• Louise Harter of 64 Meyers Road. (submitted six graphics – Exhibit 25)
• Joan Blaskey of 33 Perkins Road.
• Stuart Morgenstern of 17 Old Fairwood Road.
The following residents spoke in favor of the proposed amendment:
• Bob Carruthers of Bethany.
• Dave Foreman of 329 Downs Road.
The speakers that are on the signup sheet that did not get to speak at the April 3rd hearing will be able to speak at the continuation of the public hearing.
Also, index cards that were filled out with questions will be answered at the continuation of the public hearing.
At 10:32 p.m., Chairman Spear recessed the public hearing and continued it to Wednesday, April 17, 2013, at 7:30 p.m. in the Gymnasium. Tabled.
OLD BUSINESS
1) Green Haven, Inc., Application #2013-007 to amend the Bethany Zoning Regulations to add a new Section 23 titled Bethany Open Space Housing District (OSHD) – Hearing continued to Wednesday, April 17, 2013, at 7:30 p.m. Tabled.
2) Continue discussion and possible action to set public hearing date regarding proposed amendments to the Zoning Regulations on accessory buildings, signage for larger parcels, home occupation permits, etc. - Tabled.
3) Continue discussion on Village Districts – Tabled.
4) Discuss increasing application fees – Tabled.
There being no further business to come before the Commission, it was moved by Shurtleff and seconded by Winer to adjourn the regular meeting at 10:33 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
