MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, OCTOBER 1, 2014                                           Page 1 of 8

 

The regular meeting of the Planning and Zoning Commission was called to order at 7:08 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, Vice Chairman

            Donna Shea, 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

            Kevin McSherry, Town Attorney

 

 

APPROVAL OF MINUTES

            

1.      It was moved by Calhoun and seconded by Sullivan to approve, as submitted, the minutes of the September 3, 2014, Special Meeting/Site Visit.

      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 September 3, 2014, Regular 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 September 2014, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

 

 

 

 

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from Regional Water Authority, dated September 29, 2014, Re:  Comments on review of application for 46 Northrop Road, landscape business.

2.      Letter from Alan Green, Director of Public Works dated September 9, 2014, Re:  Review of proposed location of the Community Garden at the Airport property between Recycling Center and the horse rings on the north end with attached photographs of the Woodbridge Community Garden.

3.      Memo from Isabel Kearns, ZEO, dated September 22, 2014, Re:  50 Hunter’s Trail (Sun Gold Stables) and Shannon Equine.

4.      Letter from Isabel Kearns, ZEO, to Anthony Vallillo, dated September 11, 2014, Re:         788 Amity Road, Jonia Court Resubdivision (Fire Suppression Water Tank).

5.      Letter from Isabel Kearns, ZEO, to Garrett Vorio dated September 18, 2014, Re:               415 Fairwood Road, outside storage removed, closing case.

6.      Letter from Isabel Kearns, ZEO, to Mr. & Mrs. Wilbert Fogg dated September 10, 2014,   Re:  165 Fairwood Road, non-permitted pool removed, closing case.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

 

Isabel Kearns, ZEO, reported on the following:

• 10 Round Hill Road – Property owner submitted application to the Inland Wetlands Commission.
•  850 Carrington Road – Working with property owner to clean up vehicles.
• Submitted report on building permits for September, 2014.

 

 

NEW BUSINESS

 

1.      Vote for Vice Chair position on Planning and Zoning Commission –

 

It was moved by Calhoun and seconded by Goldner to nominate, accept and approve Michael Sullivan as Vice Chairman for the Bethany Planning and Zoning Commission.            Unanimous approval.

 

 

2.      50 Hunters Trail (Sun Gold Stables), Discussion regarding second equine business operating       from property –

 

Isabel Kearns, ZEO, received a complaint of second business operating out of the property.    Ms. Kearns stated she researched online and found the second business advertisement (Shannon Equine).  Ms. Kearns submitted at letter dated September 22, 2014, regarding this issue.

 

 

Present for this discussion was Louisa DaSilva, owner of record.  Mrs. DaSilva noted the following:

·         Feels her property is grandfathered.

·         Business conducted on property is to house horses and give horse riding lessons.

·         Barn has 14 stalls and Shannon Equine uses 11 stalls.

 

Hiram Peck, Planning Consultant, noted:

·         Will speak to ZEO and owner of record and research how property fits in with current zoning regulations.

·         Gather as much information as possible.

·         ZEO will contact owner of record.

·         Will put together information for next meeting on November 5, 2014.

Tabled.

 

 

3.      378 Bethmour Road, regarding letter from John Paul Garcia, dated September 3, 2014,

      Modifications of permit for resubdivision and special exception permit –

 

Present for this discussion was John Paul Garcia, P.E./L.S. 

 

Mr. Garcia submitted a letter dated September 3, 2014, Re:  Requesting a modification to the Special Exception Permit dated July 14, 2014 for 378 Bethmour Road and Resubdivision Approval dated July 14, 2014.

 

Commission members discussed and proceeded to deliberate.

 

It was moved by Calhoun and seconded by Shea to accept and approve the modification to the Resubdivision Approval and Special Exception Permit (Application #2014-020 and #2014-022) for 378 Bethmour Road, Donald Parrott and Lisa Miles, owners or record, approved July 2, 2014, that the modification for the driveway construction not be required prior to the filing of the mylar unless or until Lot 2  transfers to a new owner and there is some arrangement in place with the present owner of Lot 1 that the new owner can continue to use the same driveway.

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

Unanimous approval.

 

4.  46 Northrop Road, Application #2014-029 submitted by Paul Silva for a Home Occupation Permit for a Landscaping Business –

 

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

 

Mr. Silva noted the following:

·         Equipment will be stored inside.

·         Also do snow plowing in winter.

 

 

Some Commission members noted the following:

• Hours of operation listed on Statement of Use, dated September 26, 2014, seem unreasonable for this type of business.
• Applicant amended Statement of Use to allow his business more flexibility.

 

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

 

It was moved by Calhoun and seconded by Goldner to approve the following resolution for Application # 2014-029:

 

Whereas, Alfredo Silva, owner of the property, signed the application indicating his authorization of this application for a Home Occupation Permit to operate a landscaping business and office located at 46 Northrop Road.  There will be no outside storage.  All equipment/machinery will be stored within the outbuilding on site;

 

Whereas, Paul Silva, applicant, applied to the Planning and Zoning Commission on October 1, 2014, for a Home Occupation Permit to operate a landscaping business and office for same located at 46 Northrop Road.  There will be no outside storage.  All equipment/machinery will be stored within the outbuilding on site;

 

Whereas, the Commission at its regular meeting of October 1, 2014, 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 September 29, 2014, indicating her approval.

2)                  Rod White, Fire Marshal, signed off on the back of the application form on        September 29, 2014, indicating his approval.

3)                  The Commission received a letter dated September 29, 2014, from Ronald Walters, representative of the South Central Connecticut Regional Water Authority, in which he states that vehicle and equipment storage should be conducted indoors on an impervious surface and no discharge of fluids or chemicals to the environment.  He also states that if fuel is stored on site, it should be stored within a secondary containment unit.  Fertilizers and pesticides should also be stored indoors.

 

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, amended to July 1, 2014, the Bethany Planning and Zoning Commission approves the application of Paul Silva for a Home Occupation Permit to operate a landscaping business and home office located at 46 Northrop Road, as outlined in the Statement of Use amended on October 1, 2014;

 

 

 

And with the following conditions:

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

2)      Business will be conducted with the understanding that the noise will be minimized to the extent possible.

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

Unanimous approval.

 

 

5.  46 Mesa Drive, Application #2014-030 submitted by James Woodward for a Five-Lot Subdivision –

 

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

 

It was moved by Sullivan and seconded by Goldner to table the application for Staff review.

Unanimous approval.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, November 5, 2014.  Tabled.

 

 

6.      Discussion with Bethany Community Garden Committee regarding Airport Property location and possible application for proposed Bethany Community Garden –

 

Present for this discussion was Aileen Magda, member of the Community Garden Committee.  Mrs. Magda distributed packets of 11 pages of information including photographs and diagrams to Commission members for the proposed Community Garden and the location at the Airport Property.

 

The Commission received a letter from Alan Green, Director of Public Works, dated      September 9, 2014, Re:  Review of proposed location of the Community Garden at the Airport property between Recycling Center and the horse rings on the north end with attached photographs of the Woodbridge Community Garden.

 

MaryEllen Unger, Chairman of the Community Garden Committee noted the following:

·         First Selectman visited the 90 Pole Hill Road site today and submitted a page of measurements and photograph of 90 Pole Hill Road site.

·         Inland Wetlands Commission has concerns with the pond at 90 Pole Hill Road.

·         Trees will need to be cut down at 90 Pole Hill Road.

·         Have met with other managers of Community Gardens and Connecticut Community Garden Association.

 

 

 

 

Other public members who spoke are as follows:

·         Sharon Huxley of 340 Old Mill Road.

·         Andy Liveten of 66 Carrington Road

·         Ann McDonnell 5 Rowe Court.

·         Ruth Beardsley of 820 Litchfield Turnpike.

 

Hiram Peck, Planning Consultant, will contact Chair of the Inland Wetlands Commission and Michael Katzmark, Bethany Fire Department

 

Further discussion was deferred until the Commission’s next regular meeting on Wednesday, November 5, 2014.  Tabled.

 

 

It was moved by Sullivan and seconded by Goldner to add discussion with Toby Fischer of     327 Litchfield Turnpike regarding delivering of shares for CSA to this evening’s agenda.

Unanimous approval.

 

Toby Fischer noted the following:

·         Was planning to only deliver shares but would like to provide option for pickup at the farm.

·         Would have a two day option of maximum of 20 people within a 5 hour period.

 

Commission members noted the following:

·         Concerned with traffic and location of farm on Route 69.

·         Asked Mr. Fischer to put together narrative for the State.

·         Only 14 spaces for parking at farm.

Tabled.

 

 

OLD BUSINESS

 

1.      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 was Paul Silva and Alfred Silva of 46 Northrop Road.

 

Mr. Silva noted the following:

·         State of CT DOT will not get involved.

·         Researched vehicles registered at Bethany Town Hall.

·         First Selectman mentioned she would send a letter to owners of 48 Northrop Road.

 

Commission members noted the following:

·         Assessor’s Office has sent 48 Northrop Road a property declaration.  Waiting for information to come back by November 1, 2014.

 

Kevin McSherry, Town Attorney, mentioned to have well and septic tested and that there is a specific test for contamination with motor vehicles and will forward that information.

Tabled.

 

 

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

No one present.  Commission directed ZEO to give property owner a deadline in writing so that violation can be resolved.  Tabled.

 

At 8:43 p.m., Chair Brinton recessed the regular meeting.  At 8:49 p.m. the meeting resumed.

 

 

3.      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, prepared a packet with the proposed zoning amendments.  Commission members reviewed and scheduled a public hearing date of December 3, 2014.  Tabled.

 

 

4.      Continue discussion on Village Districts  - Hiram Peck working on grant.  Tabled.

 

 

5.      To take place at end of meeting – Executive Session – Matters in litigation –

 

At 9:49 p.m., it was moved by Sullivan and seconded by Calhoun for the Commission to enter into an executive session regarding matters in litigation, inviting Hiram Peck, Planning Consultant, Isabel Kearns, ZEO and Kevin McSherry, Town Attorney to join in that executive session.

Unanimous approval.

 

At 10:04 p.m., it was moved by Calhoun and seconded by Sullivan for the Commission to exit out of executive session.

Unanimous approval.

 

For the record, no votes were taken in the course of the executive session.

 

 

 

 

 

 

 

 

 

6.      To take place at end of meeting – Executive Session – Personnel matters –

 

At 10:04 p.m., it was moved by Calhoun and seconded by Sullivan for the Commission to enter into an executive session regarding personnel matters, inviting Hiram Peck, Planning Consultant, Isabel Kearns, ZEO, and Kevin McSherry, Town Attorney to join in that executive session.

Unanimous approval.

 

At 10:20 p.m., it was moved by Calhoun and seconded by Sullivan for the Commission to exit out of executive session.

Unanimous approval.

 

For the record, no votes were taken in the course of the executive session.

 

 

 

There being no further business to come before the Commission, it was moved by Calhoun  and seconded by Sullivan to adjourn the regular meeting at 10:25 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning Commission