MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, SEPTEMBER 3, 2014                                           Page 1 of 7

The regular meeting of the Planning and Zoning Commission was called to order at 7:02 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

            Michael Calhoun, Member

            Douglas Goldner, Member

            Michael Sullivan, Member

            Donna Shea, Alternate Member, seated as a regular member.

 

The following Commission Members were absent:

            Bradford Buchta, Alternate Member

            James Gugliotti, Alternate Member

 

Also present were:

            Hiram Peck, Planning Consultant

            Isabel Kearns, Zoning Enforcement Officer

 

 

APPROVAL OF MINUTES

            

1.      It was moved by Sullivan and seconded by Calhoun to approve, as submitted, the minutes of the August 6, 2014, Regular Meeting.

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

      Unanimous approval.

 

2.      It was moved by Calhoun and seconded by Sullivan to approve, as submitted, the minutes of the August 18, 2014, Special Meeting.

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

Unanimous approval.

 

 

BILLS

 

1.      It was moved by Sullivan and seconded by Calhoun to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for August 2014, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

2.      It was moved by Calhoun and seconded by Sullivan to approve the payment of $1,235.00 for services rendered by Peter Olson, Special Counseling for June and July 2014 for Green Haven.

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

Unanimous approval.

 

 

3.      It was moved by Calhoun and seconded by Sullivan to approve the payment of $570.00 for services rendered by Peter Olson, Special Counseling for June and July 2014 for 4 Peck Road – Sakonchick.

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

      Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from Rod White, Fire Marshal, submitted August 25, 2014, Re:  788 Amity Road, Fire suppression tank, with attached letter from Anthony Vallillo, owner of 788 Amity Road, dated June 10, 2014, Re:  Fire suppression tank.

2.      Email from Mary Scinto of  48 Northrop Road dated August 22, 2014, Re:  Dispute with the Vernick's of 44 Northrop Road.

3.      Letter from Isabel Kearns, ZEO, to Mr. & Mrs. Alfredo Silva of 46 Northrop Road, dated August 13, 2014, Re:  Notice of Violation, operating landscaping business without land-use permit.

4.      Letter from Isabel Kearns, ZEO, to Mr. John Ahearn, Jr. of 560 Carrington Road, dated August 13, 2014, Re:  Notice of Violation, unregistered motor vehicles and collection of junk and discarded debris.

5.      Email from Eugene Livshits, SCRCOG, dated August 13, 2014, Re:  Referral from the Town of Woodbridge proposed amendments.

6.      Letter from Prospect Land Use Office, to Bethany Town Clerk, dated September 14, 2014, Re:  Proposed amendments to the Prospect Zoning Regulations.

7.      Letter from John Paul Garcia, P.E./L.S., dated September 3, 2014, Re:  Special Exception Permit dated July 14, 2014 for 378 Bethmour Road and Resubdivision Approval dated     July 14, 2014.

Hiram Peck, Planning Consultant, will contact Mr. Garcia and put together information for the Commission for the next regular meeting on October 1, 2014.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

 

Isabel Kearns, ZEO, reported on the following:

• Sent out two violation letters:  46 Northrop Road and 560 Carrington Road.
• Emailed Marc D’Andrea of 860 Carrington Road – no response.
• Will email report on building permits for the month of August 2014.

 

 

 

 

 

 

 

NEW BUSINESS

 

1.      788 Amity Road, Application #2014-028 submitted by Meridith Vallillo for an additional business use to provide pony rides at client premises –

 

The Commission formally received the application.  Present to speak on behalf of this application was Anthony Vallillo, owner of record.

 

Isabel Kearns, ZEO, submitted correspondence received from the Connecticut Water Company, dated September 2, 2014, stating they have no comment.

 

Mr. Vallillo noted the following:

·         His daughter, Meridith, lives on property with ponies.

·         His daughter has a trailer to bring ponies to clients.

 

Some Commission members noted the following:

• Mr. Vallillo amended the Statement of Use to read “Limited to 4 ponies”.

 

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

 

It was moved by Calhoun and seconded by Goldner to approve the following resolution for Application #2014-028:

 

Whereas, Anthony Vallillo, owner of 788 Amity Road, applied on September 3, 2014, to the Bethany Planning and Zoning Commission for an Additional Use Permit to operate a party pony rental business from 788 Amity Road  (Application #2014-028);

 

Whereas, the Commission at its regular meeting of September 3, 2014, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Additional Use to operate a party pony rental business from 788 Amity Road;

 

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

1)                  The Commission received an e-mail from Cindy Gaudino of the Connecticut Water Company dated September 2, 2014, in which she states she has no comments.

2)                  Rod White, Fire Marshal, signed off on the back of the application form on       August 28, 2014, indicating his approval.

3)                  Lynn Fox, Quinnipiack Valley Health District representative, signed off on the back of the application form on August 26, 2014, indicating her approval.  However, she did state that the ponies are not to be in the area of the subsurface sewage disposal system.

 

 

 

 

Now Therefore Be It Resolved that pursuant to Section 5.1.B. of the Bethany Zoning Regulations, amended to July 1, 2014, the Bethany Planning and Zoning Commission approves the Additional Use to operate a party pony rental business from 788 Amity Road as per the Statement of Use amended to September 3, 2014, limited to 4 ponies and as referenced in the map entitled, “Existing Conditions Map, Jonia Court”, dated April 11, 2013, revised to     January 30, 2014, prepared by John Paul Garcia & Associates, Bethany, Connecticut.

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

Unanimous approval.

 

 

2.      Discussion with Community Garden Committee regarding Community Garden location -

Present for this discussion was Aileen Magda, Community Garden Committee representative.

 

Mrs. Magda noted the following:

·         Visited different sites for potential location of Community Garden.  (Behind mattress factory on Amity Road, Peck Pond, Pole Hill Road)

·         Looking at the property between the firehouse and diner on Amity Road.

·         Would install holding tank for water, which possibly could be filled by Fire Department on occasion.

 

Some Commission Members noted:

·         Concerned with handicap access and water source on the firehouse property.

·         Suggested revisiting original proposed location near horse event area and firehouse.

·         Suggested horse paddock fencing and then deer fencing inside.

·         Suggested Community Garden Club Committee run this suggestion by the Horse Commission.

 

Isabel Kearns, ZEO, will communicate with Director of Public Works and Fire Chief regarding this location.

 

Hiram Peck, Planning Consultant, stated that Garden Committee should reconfirm the water usage and electricity needed.

 

 

 

 

 

 

 

 

 

 

 

 

 

OLD BUSINESS

 

1.      Continue discussion regarding vacant member position on the Planning and Zoning Commission –

 

There are two nominations for the vacant regular member position on the Planning and Zoning Commission from the August 6, 2014, Regular Meeting – Brad Buchta, Alternate and Donna Shea, Alternate.

 

Voting for Brad Buchta – 1 Vote – Calhoun.

Voting for Donna Shea – 3 Votes – Brinton, Goldner, Sullivan.

 

Donna Shea is voted in as regular member for the unexpired portion of the term by appointment by the Commission.

 

Members discussed choosing a vice chairman.  This will be on the agenda for the next regular meeting on October 1, 2014.

 

 

2.      Discussion with Anthony Vallillo (letter dated 6/10/14) Re:  Jonia Court Subdivision, 788 Amity Road –

 

The Commission received a letter from Rod White, Fire Marshal, submitted August 25, 2014, Re:  788 Amity Road, Fire suppression tank, with attached letter from Anthony Vallillo, owner of 788 Amity Road, dated June 10, 2014, Re:  Fire suppression tank.

 

Mr. Vallillo reviewed his letter dated June 10, 2014, with Commission Members.

 

Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Goldner to approve the following modifications to the Resubdivision Approval for the four-lot resubdivision located at 788 Amity Road (Jonia Court), Application #2013-028, , approved on May 7, 2014, as requested by Mr. Anthony Vallillo, owner of record, in a letter dated June 10, 2014:

·         If the house that is proposed to be built for Mr. Vallillo’s daughter, Meridith Vallillo, is transferred to a non-family member other than his daughter that the requirement of the water tank shall take effect immediately.

·         Access to the water tank shall be provided to the Bethany Volunteer Fire Department in an easement to be filed on the Land Records on the record map which will allow the Fire Department to properly maintain and inspect the tank once it is installed.

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

Unanimous approval.

 

Isabel Kearns, ZEO, will prepare letter to Mr. Vallillo with these modifications.

 

 

3.      Discussion with Cheryl and Ronald Vernik of 44 Northrop Road and Paul Silva of 46 Northrop Road regarding ongoing issues with 48 Northrop Road –

 

Present for this discussion were Cheryl and Ronald Vernik of 44 Northrop Road and Paul Silva of 46 Northrop Road.

 

Some concerns mentioned by the neighbors as previously stated were:

o   Excessive numbers of vehicles not properly housed.

o   Concerned with leakage from vehicles into ground which would affect wells.

o   Concerned with number of horses on property in small turnaround area.

o   Fence that was installed considered a structure. Does the fence satisfy the requirements in the Zoning Regulations?

 

The Commission conducted a site visit at Northrop Road at 6:00 p.m. today before the regular meeting.

 

Commission members commented as follows:

·         Suggested the Vernik’s and Silva contact State of Connecticut Department of Motor Vehicles concerning the registration of the vehicles underneath the car covers.

·         If concerned with horses, suggested contacting State Health Department.

·         If it does become known that vehicles are unregistered, the Commission will contact property owner to attend a Planning and Zoning meeting to discuss and refute this.

Tabled.

 

 

4.      Update on Marc D’Andrea  regarding outside storage at 860 Carrington Road –

 

No one present.  Tabled.

 

 

5.      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, and Clerk will put together a packet with all the proposed amendments for the next regular meeting on October 1, 2014.  Tabled.

 

6.      Continue discussion on Village Districts  - Hiram Peck, Planning Consultant, shared information he acquired on grant.  Tabled.

 

 

 

 

 

 

 

 

There being no further business to come before the Commission, it was moved by Calhoun and seconded by Goldner to adjourn the regular meeting at 8:55 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning Commission