Monday, April 14, 2014


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION SPECIAL MEETING/PUBLIC HEARING CONTINUATION OF WEDNESDAY, MARCH 19, 2014

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The Special Meeting/Public Hearing Continuation of the Bethany Planning and Zoning Commission was called to order at 7:05 p.m. in the Gymnasium 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 and Secretary

            Michael Sullivan, Member

            Donna Shea, Alternate Member

            Bradford Buchta, Alternate Member

            James Gugliotti, Alternate Member

 

The following Commission Member was excused:

            Douglas Goldner, Member

 

Also present were:

            Isabel Kearns, Zoning Enforcement Officer

            Karen Hubbell, Assistant Zoning Enforcement Officer

            Hiram Peck, Planning Consultant

            Peter Olson, Special Counsel

 

 

PUBLIC HEARING

 

·         Application #2014-006 for zoning text amendments to the Bethany Zoning Regulations to amend the title of the existing Section 9A by adding “Age Restricted” and to create a new Section 9B - “Housing Opportunity Development” (HOD) District.

·         Application #2014-007 to change the zone district designation of 4 Meyers Road (Assessor’s May 119, Lot 7) and 21 Meyers Road (Assessor’s Map 119, Lot 4), Bethany, Connecticut from HOD (Section 9A) to new proposed Section 9B (HOD).

·         Application #2014-008 to obtain a site plan approval for new construction of 30 homes and related improvements for a housing development to be named Rocky Corner, at 4 Meyers Road (Assessor’s May 119, Lot 7) & 21 Meyers Road (Assessor’s Map 119, Lot 4), Bethany, Connecticut -

 

Approximately 70 individuals were in attendance for the public hearing continuation for Applications #2014-006, #2014-007, and #2014-008 submitted by Green Haven Inc. for the property located at 4 and 21 Meyers Road.

 

At 7:06 p.m., Chair Brinton called the public hearing to order.  Chair Brinton stated that tonight will be questions from the Commission members and Consultants.  Also, Chair Brinton mentioned that public comments will be continued to April 16, 2014. 

 

Chair Brinton also stated the Commission had conducted a site walk on March 15, 2014.

Chair Brinton read the list of correspondence that has been received as follows:

  1. Letter from Rod White, Fire Marshal, dated March 19, 2014, Re:  Concerns and recommendations pertaining to proposed project at 4 and 21 Meyers Road with attached letter from Philip Sherman, P.E. Fire Protection Engineering to Centerbrook Architects, dated March 10, 2014.
  2. Letter from Michael Katzmark, Water Source Officer, dated March 5, 2014, Re:  Requesting PZC table vote until BVFD and Fire Marshal’s Office receive complete sets of architectural and site plans.
  3. Email from Michael Katzmark, Water Source Officer, dated March 5, 2014, Re:  Measurement of fire apparatus and items to be incorporated into the drawings.
  4. Email from Michael Katzmark, Water Source Officer, dated March 5, 2014, Re:  Fire truck turning movements with four diagrams attached.
  5. Email from Michael Katzmark, Water Source Officer, dated March 5, 2014, Re:  Revised site plans showing emergency access from Meyers Road, bump outs, and widening of the central driveway with four plans attached.
  6. Letter from Patricia Stewart of 79 Meyers Road, dated March 3, 2014, Re:  Comments on proposed housing development and zoning change by Green Haven.
  7. Letter from Anthony Esposito of 79 Meyers Road, dated March 2, 2014, Re:  Comments on public hearing of February 12, 2014, by Green Haven.
  8. Submitted by Anthony Esposito, copy of a map entitled, “Properties Affected by the Proposed Zoning Change”,
  9. Submitted by Anthony Esposito, seven pages of a petition entitled, “Stop Dense Development in Bethany”.
  10. Submitted by Anthony Esposito, 30 pages of petition regarding the proposed zoning change permitting cluster housing on the former Halter farm.
  11. Received 9 blue cards with signatures regarding the proposed zoning change permitting cluster housing on the former Halter Farm.
  12. Letter from Thelma Lumpkin of 73 Sperry Road, dated March 1, 2014, with attached letter dated November 27, 2013.
  13. Letter from Nadia and Richard Correale of 54 Pleasant Drive dated March 5, 2014.
  14. Letter from Freida and Jonathan Marcus of 57 Perkins Road, submitted March 7, 2014.
  15. Letter from Joseph Monahan of 84 Sperry Road, dated March 6, 2014.
  16. Letter from Kathleen Ross of 32 Hatfield Hill Road, submitted March 13, 2014.

 

Other correspondence received during the public hearing.

  1. Letter from Ron Walters, South Central Connecticut Regional Water Authority, dated March 19, 2014, Re:   Review comments on revised plans dated to March 4, 2014.
  2. Submitted by Attorney Smith, a copy of letter from State of Connecticut Department of Public Health to Directors of Health, Chief Sanitarians & Design Engineers, dated October 1, 2009, Re:  DPH Plan Reviews and Fees for Subsurface Sewage Disposal Systems.
  3. Submitted by Attorney Smith, a letter of consent to extension of time from Chris Smith, authorized agent for the applicant, to the Planning and Zoning Commission, dated    March 19, 2014, to continue the public hearing to April 17, 2014.

 

Fire Marshal Rod White addressed the Commission in regard to the letter he submitted for the public hearing record dated March 19, 2014.  Mr. White stated that the main concern is water supply and that this type of housing does present concerns.  Mr. White stated the applicant is working towards addressing the concerns of the Fire Marshal Office and the Bethany Volunteer Fire Department.

 

Ron Walters of the South Central Regional Water Authority addressed the Commission in regard to the revised letter he submitted for the public hearing record dated March 19, 2014.              Mr. Walters stated that the Regional Water Authority is responsible for providing water to this development and is working with the applicant in designing the water system as mentioned in his letter submitted.

 

The following individuals, representing Green Haven, were present for the public hearing to answer questions from the Commission members:

  • Christopher Smith, Land Use Attorney, and Partner of Law Firm, Shipman and Goodwin.
  • Thomas Daly, P.E. and Principal of Milone & MacBroom.
  • Melissa Kops of Centerbrook Architects.

 

Commission members addressed the applicant’s representatives with questions relating to some of the following areas:

  • Detention ponds/Storm water management.
  • Turning movement of fire trucks.
  • Parking spaces per unit.
  • Common house accessibility.
  • Proposed amendment Section 9B.8.c., earth grading/excavation activities shall not be required.
  • Lighting plan.
  • Pathways not shown on site plan but on artistic drawing in blue packet submitted February 12, 2014.
  • Future expansion exceeding the current 30 home plan.
  • Farming areas will be agricultural easements so there will be no future development.
  • Workforce housing incomes.
  • Association documents would be under control Master Association.
  • Septic systems – whose responsibility if one fails.
  • Water supply system.
  • Parking area near Common House is visible to adjoining property owner.

 

Peter Olson, Special Counsel, addressed the applicant’s representatives with concerns and requests.  Some of these are as follows:

  • Need to submit copy of motion from prior application for Halter Estates Superior Court initial decision and supplement decision, which addresses jurisdiction for DPH and provides for a plan for that project to get septic approval.
  • Circular letter from DPH needs to be submitted which was referenced by Attorney Smith this evening.
  • Need to adjust calculations in data for affordability plan for 2014 for Bethany in New Haven area.
  • Proposed administrator is the applicant.  Is the applicant qualified to be administrator?
  • The administrator should report to the town on each transaction to make sure applicants are qualified.
  • Asked applicant to consider advertising the availability of these units to Town employees and current residents in Town.
  • Confusing how many bedrooms in each unit.  Provide a summary page.
  • Section 9A to be deleted if proposed Section 9B approved.
  • Areas not devoted to houses, would like draft easements submitted.  Conservation easement allows farming but does not allow building.
  • In proposed Section 9B.2 Permitted Uses, clarify there will be an intention of selling farm produce from the property under c. Agricultural or farming uses.

 

 

Hiram Peck, Planning Consultant, did not have any questions at this time but stated he is looking forward to reviewing the revised site plans.

 

The Commission set a date of April 2, 2014, that the applicant will submit the information requested so Commission members and Consultants can review before the next hearing continuation.

 

At 8:50, Chair Brinton recessed the public hearing and continued it to a Special Meeting scheduled for Wednesday, April 16, 2014, at 7:00 p.m. in the Gymnasium of the Bethany Town Hall.

 

Attorney Smith submitted a letter of consent to the extension of time to the Planning and Zoning Commission, dated March 19, 2014, to continue the public hearing to April 17, 2014.

 

There being no further business to come before the Commission, it was moved by Sullivan and seconded by Calhoun to adjourn the special meeting at 8:52 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning Commission