MINUTES OF THE BETHANY PLANNING AND
ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, DECEMBER 3, 2014
Page 1
of 8
The following Commission Members
were present:
Kimberly
McClure Brinton, Chairman
Michael
Sullivan, Vice Chairman
Michael
Calhoun, Member
Donna
Shea, Member
Douglas
Goldner, Member
Bradford
Buchta, Alternate Member
James
Gugliotti, Alternate Member
Also present was:
Hiram
Peck, Planning Consultant
Isabel
Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
Brinton and Goldner
abstained.
Voting for: Sullivan, Calhoun, Shea.
Sullivan and
Goldner abstained.
Voting for: Brinton, Calhoun, Shea.
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 November 2014, by
Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Brinton, Sullivan, Calhoun, Goldner, Shea.
GENERAL CORRESPONDENCE
1.
Letter from South Central Connecticut Regional Planning
Commission, dated November 14, 2014, Re:
Comment on review of proposed Zoning Regulation Amendments.
2.
Letter from Valley Council of Governments Regional
Planning Commission, dated December 2, 2014, Re: Comments on review of proposed Zoning
Regulation Amendments.
3.
Letter from South Central Connecticut Regional Water
Authority, dated November 25, 2014, Re:
Comment on review of proposed Zoning Regulation Amendments.
4.
Letter from Ray Pantelone, Tree Warden, dated November
17, 2014, Re: Trees proposed to be
removed at 90 Pole Hill Road
for Community Garden .
5.
Email from John Paul Garcia, dated November 24, 2014,
Re: Requesting an extension to file mylar
for 788 Amity Road .
6.
Letter from Nancy McCarthy, Town Clerk, dated November
15, 2014, Re: Request for regular
meeting schedule for 2015 with attached draft of 2015 Regular Meeting Schedule
prepared by clerk.
It was
moved by Sullivan and seconded by Calhoun to accept and approve the proposed
schedule of regular meetings for the Planning and Zoning Commission prepared by
the Clerk from January 2015 to January 2016.
Voting were: Brinton,
Sullivan, Calhoun, Goldner, Shea.
Unanimous approval.
7.
Cease and Desist Order, dated December 1, 2014, to Mr.
& Mrs. Andrew Hitchcock of 28
Woodcutters Drive , Re: Construction of non-permitted outbuilding on
property.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE
COMMISSION ACTION
Isabel Kearns, ZEO,
reported on the following:
- Submitted report on building permits for November, 2014.
- 10 Round Hill Road
has received Inland Wetlands approval and will be submitting to Planning
and Zoning Commission in the near future.
- 27 Hamilton Drive –
Zoning citation was given with fines and Town Attorney will put lien on
property since July.
- 33 Old Amity Road
– Has concrete business I spoke with QVHD engineered has not produced what
is needed should have next week.
Kevin is supposed to take action on that.
- 63 Sargent Drive
– Property owner stated he can’t place landscaping buffer in back due to
easements in back of building and has not come in to apply for a
modification to original permit. Discussed
surety bond in place instead of cash bond.
Hiram Peck will review.
- 860 Carrington Road – Received letter, dated December 1, 2014, and plan from Marc
D’Andrea as requested and is in compliance with the Zoning Regulations and
will release the Cease and Desist Order.
o
Section
1.1 – General Rules; Section 1.2 – Definitions; Section 3.4 – Schedule of
Height, Area & Yard Requirements; Section 4 – Residential Zones, Uses and
Regulations – Various Subsections; Add New Section 5.2.B.9. – Public Assembly and
add Appendix 10 – Digital Mapping Data Submission Requirements.
Proposed amendments to the Subdivision Regulations:
o
Under
Section 11 – General Regulations - Section 11.5b)2) and Section 11.5c)3) and
add Appendix B – Digital Mapping Data Submission Requirements.
Roll call was conducted.
At 7:17 p.m., Chair Brinton read the call for the public
hearing. Chair Brinton reviewed the
complete application file.
Chair Brinton read the list of correspondence that has been
received as follows:
·
Letter from South Central Connecticut Regional
Planning Commission, dated November 14, 2014, Re: Comment on review of proposed Zoning
Regulation Amendments.
·
Letter from Valley Council of Governments
Regional Planning Commission, dated December 2, 2014, Re: Comments on review of proposed Zoning
Regulation Amendments.
·
Letter from South Central Connecticut Regional
Water Authority, dated November 25, 2014, Re:
Comment on review of proposed Zoning Regulation Amendments.
Hiram Peck, Planning Consultant, presented a brief overview regarding
the proposed zoning and subdivision regulation amendments.
Michael Katzmark, Water Source Officer for the Bethany
Volunteer Fire Department, discussed the following topics:
- Displaying
house numbers on houses.
- Residential
sprinkler system and waiving the water source requirements.
- Modifying
bonding requirements.
Mr. Peck suggested the displaying of house numbers belong in
a Town Ordinance and the bonding requirements be sent to the Town Attorney for
review.
During the course of the public hearing Chair Brinton noted
that the Commission has received the following items relative to the subject
application. Exhibit identification was
assigned as noted:
- Exhibit 1A – Submitted
by Michael Katzmark, Bethany Volunteer Fire Department Water Source
Officer, packet entitled “Recommended P and Z changes From the Bethany
Volunteer Fire Department”, dated February 20, 2014.
Some proposed amendments discussed were:
- Sheds
and excessive cost if applicant has to come to Commission for permit.
- The
ZEO will put together a schedule of fees on permits for sheds.
Mr. Peck will take all the comments and recommendations and
revise the proposed amendments for the next regular meeting on January 7, 2015.
Chair Brinton asked if anyone from the public would like to
speak for the application or against the application. There were no comments.
At 8:22 p.m., it was moved by Calhoun and seconded by
Sullivan to close the public hearing on the subject application.
At 8:23 p.m., Chair Brinton read the call for the public
hearing. Chair Brinton reviewed the
complete application file.
Chair Brinton read the list of correspondence that has been
received as follows:
·
Letter from Ray Pantelone, Tree Warden, dated
November 17, 2014, Re: Trees proposed to
be removed at 90 Pole Hill Road
for Community Garden .
Present to speak on
behalf of the application was Mary Ellen Unger of 82 Russell Road and Chairman of the
Bethany Community Garden Committee. Ms.
Unger presented an overview of her credentials and that of the members of the
Bethany Community Garden Committee. Ms.
Unger then continued with a review of the packet submitted dated
Rod White, Fire
Marshall, stated he is fine with the location of the garden and the setup.
Chair Brinton asked if anyone from the public would like to
speak for the application or against the application. The following public individuals spoke:
·
Nancy
Scanlon of 242 Bear Hill Road (Also member of Bethany Community Garden
Committee)
·
Maureen
Baldino of 504 Carrington Road (Also member of Bethany Garden Club)
·
Julia
Shiang of 204 Falls Road (Also member of Bethany Garden Club)
·
James
Seaton of 485 Bethmour Road .
(Submitted Exhibit 1A)
During the course of the public hearing Chair Brinton noted
that the Commission has received the following items relative to the subject
application. Exhibit identification was
assigned as noted:
a)
Exhibit 1A –Submitted by James Seaton copies of
colored maps numbered Map 1 through Map 16 from the CT Environmental Conditions
Online entitled as follows:
#1 – Farmland Soil
Map
#2 – Hydric Soil
Map
#3 – Inland
Wetlands Map
#4 – Drainage Map
#5 – Airport
Farmland Map
#6 – Airport
Hydric Soil Map
#7 – Airport
Inland Wetlands Soil Map
#8 – Airport Soil
Drainage Map
#9 – Pole Hill vs
Peck Pond Farmland Soil Map
#10 – Pole Hill vs
Peck Pond Hydric Soil Map
#11 – Pole Hill vs
Peck Pond Inland Wetlands Soil Map
#12 – Pole Hill vs
Peck Pond Soil Drainage Map
#13 – Veteran’s
Park Farmland Soil Map
#14 – Veteran’s
Park Hydric Soil Map
#15 – Veteran’s
Park Inland Wetlands Soil Map
#16 – Veteran’s
Park Drainage Map
b)
Exhibit 1B – Submitted by MaryEllen Unger, copy of
Bethany Community Garden Rules.
Some topics of
discussion were:
- Raised beds.
- Soil will be brought in.
- Garden rules should include rule about
parking so as to not block fire trucks from entering to get water from
pond.
- Organic gardening.
- Vandalism.
- Possible events at site.
Michael Katzmark,
Water Source Officer for the Bethany Volunteer Fire Department would like some
no parking signs to be placed where fire trucks need to pull in and out for
water from pond.
At 9:09 p.m. Chair Brinton recessed the public hearing and
it was moved by Sullivan and seconded by Calhoun to continue the public hearing
to the next regular meeting scheduled for January 7, 2014.
Voting were: Brinton, Sullivan, Calhoun, Goldner, Shea.
Unanimous
approval.
Voting were: Brinton, Sullivan, Calhoun, Goldner, Shea.
Unanimous
approval.
Further discussion was deferred until the Commission’s next
regular meeting on Wednesday, January 7, 2014.
Tabled.
a. Section 1.1 – General Rules; Section 1.2
– Definitions; Section 3.4 – Schedule of Height, Area & Yard Requirements;
Section 4 – Residential Zones, Uses and Regulations – Various Subsections; Add
New Section 5.2.B.9. – Public Assembly and add Appendix 10 – Digital Mapping
Data Submission Requirements.
Proposed amendments to the Subdivision Regulations:
b. Under Section 11 – General Regulations -
Section 11.5b)2) and Section 11.5c)3) and add Appendix B – Digital Mapping Data
Submission Requirements.
At
9:52 p.m., it was moved by Calhoun and seconded by Sullivan for the Commission
to enter into an executive session regarding matters in litigation. Hiram Peck, Planning Consultant, was invited
into the executive session. Unanimous approval.
At
10:15 p.m., it was moved by Calhoun and seconded by Shea 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 10:20
p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission