MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY,  NOVEMBER 6, 2013                                      Page 1 of 8

The regular meeting of the Planning and Zoning Commission was called to order at 7:03 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

The following Commission Members were present:

            Kimberly McClure Brinton, Chairman

            Salvatore Amadeo, Vice-Chairman

            Michael Calhoun, Member

            Michael Sullivan, Member

            Douglas Goldner, Member, arrived at 7:07 p.m.

            Donna Shea, Alternate Member

            Bradford Buchta, Alternate Member, seated as voting member until Goldner arrived.

 

The following Commission Member was absent or excused:

            James Gugliotti, Alternate Member

 

Also present was:

            Hiram Peck, Planning Consultant

            Isabel Kearns, Zoning Enforcement Officer

 

 

APPROVAL OF MINUTES

 

1.      It was moved Calhoun and seconded by Sullivan to approve, as submitted, the minutes of the September 27, 2013, Special Meeting.

Voting for:  Brinton, Amadeo, Calhoun, Sullivan, Buchta.

Unanimous approval.

 

2.      It was moved by Calhoun and seconded by Amadeo to table the minutes of the October 21, 2013, Special Meeting.

Voting for:  Brinton, Amadeo, Calhoun, Sullivan, Buchta.

Unanimous approval.

 

 

BILLS

 

1.      It was moved by Calhoun and seconded by Sullivan to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for October 2013, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for:  Brinton, Amadeo, Calhoun, Goldner, Sullivan.

Unanimous approval.

 

 

 

 

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from Quinnipiack Valley Health District, dated October 23, 2013, Re:  Review of proposal for 135 Pole Hill Road, Home occupation to farm crops and raise chickens.

2.      Email from Gerry Gervasio of 82 Doolittle Drive, dated October 25, 2013, Re:  Installation of Mohawk two post lift.

3.      Letter from Hiram Peck, Planning Consultant, dated October 31, 2013, Re:  Preliminary submission of Affordability Plan for 4 Peck Road.

4.      Letter from John Paul Garcia and Associates, to Inland Wetlands Commission dated     October 29, 2013, Re:  Revisions on plans for Jonia Court Subdivision, 788 Amity Road.

5.      Memo from Isabel Kearns, ZEO, dated August 19, 2013 (review comments November 5, 2013), Re:  Review of Jonia Court Resubdivision, 788 Amity Road.

6.      Letter from Isabel Kearns, ZEO, to Allyn Foss Trust, dated October 15, 2013, Re:  Violations at 93 Lacey Road.

7.      Letter from Isabel Kearns, ZEO, to Elizabeth Doering, dated October 16, 2013, Re:  Violations at 184 Sperry Road.

8.      Letter from Isabel Kearns, ZEO, to Elizabeth Gorman, dated October 28, 2013, Re:  Second Notice of Violation at 169 Schaffer Road.

9.      Letter from Isabel Kearns, ZEO, to Daniel Fry, dated October 28, 2013, Re:  Second Notice of Violation at 112 Old Amity Road.

10.  Letter from Isabel Kearns, ZEO, to Trowbridge and Brennan, dated October 28, 2013, Re:  Notice of Violation at 77 Cheshire Road.

 

PUBLICATIONS AND WORKSHOPS

 

1.      Land Use Academy Advanced Training, November 9, 2013, Haddam, CT.  

2.      Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Fall 2013.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

 

Isabel Kearns, ZEO, reported that:

• Two cases have been closed.
• Submitted list of building permits dated November  1, 2013.

 

 

It was moved by Sullivan and seconded by Amadeo to add to New Business a discussion with     Sharon Huxley of 340 Old Mill Road regarding Regional Water Authority Conflict on Valley Road.  Unanimous approval.

 

 

 

 

 

 

NEW BUSINESS

 

1)      52 Earley Court, Application #2013-025 submitted by Vincent Torrens for a Home Occupation Permit for office to operate a handyman business –

 

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

 

Isabel Kearns, ZEO, stated this application is just for an office and there will be no outside storage.

 

Chair Brinton reviewed the contents of the application file.

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.  It was moved by Calhoun and seconded by Sullivan to approve the following resolution for Application #2013-025:

 

Whereas, Vincent Torrens, owner of 52 Earley Court, applied to the Planning and Zoning Commission for a home occupation permit for a handyman business and associated home office;

             

Whereas, the Commission, at its regular meeting of November 6, 2013, considered the statement of use, 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 October 23, 2013, indicating her approval.

2)      Rod White, Fire Marshal, submitted an email, dated November 6, 2013, indicating his approval of the application.

 

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the application of Vincent Torrens to operate a home occupation for a handyman business and associated home office located at 52 Earley Court as outlined in the Statement of Use dated October 7, 2013, as presented in the application and with the following condition:

1)      There shall be no outside storage associated with said business.

            Vote 5 to 0.

            Voting for:  Brinton, Amadeo, Calhoun, Goldner, Sullivan.

            Unanimous approval

 

 

 

2)      55 Green Hill Road, Application #2013-026 submitted by John Ellison for a Special Exception Permit for an Accessory Apartment –

 

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

 

Isabel Kearns, ZEO, stated she recommends the Commission schedule a public hearing date.

 

The Commission scheduled a public hearing at the next regular meeting on Wednesday,    December 4, 2013, in the Commission Meeting Room of the Bethany Town Hall.  Hearings will begin at 7:15 p.m.  Tabled.

 

 

3)      135 Pole Hill Road, Application #2013-027 submitted by Jeremy Shulick for a Home Occupation Permit to operate farming of crops and raising chickens and home office –

 

The Commission formally received the application.  Present to speak on behalf of this application was Jeremy Shulick, applicant.

 

Isabel Kearns, ZEO, stated he would like to sell crops in summer and raise chickens.

 

Mr. Shulick noted the following:

·         Will comply with letter from Quinnipiack Valley Health District, dated October 23, 2013.

 

Chair Brinton reviewed the contents of the application file.

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.  It was moved by Sullivan and seconded by Calhoun to approve the following resolution for Application #2013-027:

 

Whereas, Stephanie Fallon, owner of the property, (in a letter dated October 12, 2013) authorized Jeremy Shulick to apply for a home occupation permit to farm crops and raise chickens and associated home office for same located at 135 Pole Hill Road;

 

Whereas, Jeremy Shulick, applicant, applied to the Planning and Zoning Commission for a home occupation permit to farm crops and raise chickens and for an associated home office for same located at 135 Pole Hill Road;

 

Whereas, the Commission at its regular meeting of November 6, 2013, considered the statement of use, 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:

A)    Lynn Fox, Quinnipiack Valley Health District representative, signed off on the back of the application form on October 23, 2013, and also provided the Commission with a letter dated October 23, 2013, from Lynn Fox and Leslie Balch, Quinnipiack Valley Health District representatives, in which they approve the use and offer several considerations.

B)    Rod White, Fire Marshal, submitted an email, dated November 6, 2013, indicating his approval of the application.

 

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, amended to December 11, 2011, the Bethany Planning and Zoning Commission approves the application of Jeremy Shulick to operate a home occupation business to farm crops and raise chickens and associated home office for same located at 135 Pole Hill Road, as outlined in the Statement of Use dated October 12, 2013.        

            Vote 5 to 0.

            Voting for:  Brinton, Amadeo, Calhoun, Goldner, Sullivan.

            Unanimous approval.

 

 

4)      Discussion with ZEO regarding car lift in residential area –

 

The Commission received copy of an email from Gerry Gervasio of 82 Doolittle Drive to Isabel Kearns, ZEO, dated October 25, 2013, regarding the installation of a Mohawk two post lift outside on property.  Mr. Gervasio was not present.  The ZEO stated Mr. Gervasio stated this will be used for his own family cars only.

 

Hiram Peck, Planning Consultant, recommended the Commission have the property owner sign an affidavit that the lift will be used for a non-commercial/family use only and have notarized.

 

It was moved by Calhoun and seconded by Amadeo to authorize Isabel Kearns, ZEO, to act on this proposed activity favorably pending on the Planning and Zoning Commission’s review and approval of the draft affidavit to be prepared by the ZEO prior to her approval of the proposed activity (installation of a Mohawk Two Post Lift).

Vote 5 to 0.

Voting for:  Brinton, Amadeo, Calhoun, Goldner, Sullivan.

Unanimous approval.

 

 

5)      Discussion regarding 4 Peck Road – 8-30g Preliminary Proposal –

 

Present for this discussion was James Sakonchick, owner of record.

 

Hiram Peck, Planning Consultant, stated he was asked to review the preliminary submission of an affordability plan for 4 Peck Road under CGS 8-30g.  Mr. Peck prepared a report and submitted to Commission members, dated October 31, 2013.  Mr. Peck reviewed the report with the Commission.

 

Mr. Sakonchick stated he would like to submit an application for a site plan approval to the Commission to start the process and will address Mr. Peck’s comments in his report dated     October 31, 2013.  Mr. Sakonchick will also contact his attorney to confirm if an application is needed or not for a zone change for the subject property.

 

Mr. Peck will contact Bethany Town Attorney regarding issue of an application for a zone change for the subject property.

 

 

6)      788 Amity Road, Application #2013-028 submitted by Amity Road LLC for a 4-Lot Resubdivision and waiver request for open space and waiver request for the provision of a water source for fire protection in the resubdivision –

 

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.

 

Mr. Garcia briefly reviewed with the Commission the proposed 4-Lot Resubdivision.

 

The Commission scheduled a public hearing at the next regular meeting on Wednesday,    December 4, 2013, in the Commission Meeting Room of the Bethany Town Hall.  Hearings will begin at 7:15 p.m.  Tabled.

 

 

7)      788 Amity Road, Application #2013-029 submitted by Amity Road LLC for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit –

 

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.

 

Mr. Garcia briefly reviewed with the Commission the proposed 4-Lot Resubdivision.

 

The Commission scheduled a public hearing at the next regular meeting on Wednesday,    December 4, 2013, in the Commission Meeting Room of the Bethany Town Hall.  Hearings will begin at 7:15 p.m.  Tabled.

 

 

8)      4 and 21 Meyers Road, Application #2013-030 submitted by Green Haven, Inc., for a Site Plan Approval for new construction of 30 homes and related improvements for a housing development named Rocky Corner; revise lot lines; amend the zoning regulation; implement an affordability plan –

 

The Commission formally received the application.  Present to speak on behalf of this application was Dick Margolis, President of Green Haven and David Berto, Housing Consultant, Housing Enterprises Inc., Enfield, CT.

 

Mr. Margolis and Mr. Berto presented a brief overview of the proposed project.

 

Isabel Kearns, ZEO, stated the application and attached information has just been received and needs to be reviewed by Staff. 

 

It was moved by Calhoun and seconded by Sullivan to table Application #2013-030 submitted by Green Haven Inc. for a Site Plan Approval for new construction of 30 homes and related improvements for a housing development named Rocky Corner; revise lot lines; amend the zoning regulation; implement an affordability plan.

Vote 5 to 0.

Voting for:  Brinton, Amadeo, Calhoun, Goldner, Sullivan.

Unanimous approval.    

 

 

9)      Discussion with Sharon Huxley of 340 Old Mill Road regarding Regional Water Authority Conflict on Valley Road

 

Sharon Huxley of 340 Old Mill Road stated there is an enforcement situation on Valley Road.

 

Mrs. Huxley noted the following:

·         This is a residential zone and there is a commercial harvest being conducted.

·         Operating seven days a week and starting at 6:00 a.m.

·         Noise nuisance is significant.

·         Asking the Commission to take action.

·         Job is clean and neat but the noise is intolerable.

 

Isabel Kearns, ZEO, will speak to the Regional Water Authority.

Hiram Peck, Planning Consultant, will speak to Town Attorney.

Tabled.

 

 

OLD BUSINESS

 

1.      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. -  Hiram Peck, Planning Consultant, stated he did not receive any comments from Commission members and that he will re-email proposed amendments to members again.  Tabled.

 

 

2.      Continue discussion on Village Districts – Hiram Peck, Planning Consultant, stated the Commission had a special meeting with Patrick Pinnell regarding Village District Law in Connecticut on September 27, 2013.  Mr. Peck suggested the Commission have a special meeting with the public to get information and comments.  Tabled.

 

 

 

 

3.      Discuss increasing application fees –   Hiram Peck, Planning Consultant, stated this needs to go to a Town Meeting and the next Town Meeting is in May, 2014.  Tabled.

 

 

There being no further business to come before the Commission, it was moved by Calhoun  and seconded by Amadeo to adjourn the regular meeting at 8:50 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning Commission