Monday, December 15, 2014


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, DECEMBER 3, 2014                                             Page 1 of 8

The regular meeting of the Planning and Zoning Commission was called to order at 7:06 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 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

            

1.      It was moved by Sullivan and seconded by Calhoun to approve, as submitted, the minutes of the November 5, 2014, Regular Meeting.

Brinton and Goldner abstained.

Voting for:  Sullivan, Calhoun, Shea.

Unanimous approval.

 

2.      It was moved by Calhoun and seconded by Shea to approve, as submitted, the minutes of the November 16, 2014, Special Meeting/Site Visit.

Sullivan and Goldner abstained.

Voting for:  Brinton, Calhoun, Shea.

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 November 2014, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

 

 

 

 

 

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.                 

 

 

PUBLIC HEARING

 

·         Proposed amendments to the following Sections of the Zoning Regulations:

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:

  1. 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.

 

 

·         90 Pole Hill Road, Application #2014-035 submitted by Bethany Community Garden Committee for a Site Plan Approval to locate the Community Garden and for a C.G.S. Section 8-24 Review for the Community Garden

 

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.

 

 

 

 

 

 

 

NEW BUSINESS

 

1.      Discussion regarding the rewriting of the current Zoning Regulations

 

Brief discussion with Hiram Peck, Planning Consultant, on the rewriting of the Zoning Regulations.  Mr. Peck will resubmit his proposal for the Commission’s review.  Tabled.

 

2.      Discussion regarding nominations for alternate member position on the Planning and Zoning Commission

 

It was moved by Shea and seconded by Calhoun to nominate Eric McDonald of 151 Bethmour Road for the alternate member position on the Planning and Zoning Commission.

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

Unanimous approval.

 

3.      Discussion regarding directional signage

 

Brief discussion with the ZEO regarding her communication with the State of Connecticut Department of Transportation on signage in the State right-of-ways.  The ZEO will give update at the next regular meeting on January 7, 2014.

 

4.      788 Amity Road, Application #2014-037 submitted by Amity Road LLC, for a 4_lot Resubdivision and waiver request for open space

 

An email was received from John Paul Garcia, dated November 24, 2014, Re:  Requesting a second extension of 90 days for the filing of the mylar for the Resubdivision Approval dated  May 7, 2014, for a four-lot resubdivision located at 788 Amity Road.   It was moved by Sullivan and seconded by Calhoun to approve the extension of 90 days for the filing of the mylar for the Resubdivision Approval dated  May 7, 2014, for a four-lot resubdivision located at 788 Amity Road.

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

Unanimous approval.

 

5.      378 Bethmour Road, Application #2014-038 submitted by Donald Parrott for a Special Exception for one rear lot – Commission received the application and scheduled a public hearing date of January 7, 2014.

 

6.      378 Bethmour, Road, Application #2014-039 for a two-lot resubdivision, waiver request for the provision of open space and waiver request for water source for fire protection

Commission received the application and scheduled a public hearing date of January 7, 2014.

 

 

 

 

 

OLD BUSINESS

 

1.      742 Amity Road, Application #2014-031 submitted by Grant Barone for a Site Plan Modification and additional outdoor dining on a limited basis

 

The ZEO stated that Quinnipiack Valley Health District has not approved the application to date.

 

Further discussion was deferred until the Commission’s next regular meeting on Wednesday, January 7, 2014.  Tabled.

 

 

2.      Proposed amendments to the following Sections of the Zoning Regulations:

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.

 

Public hearing closed on December 3, 2014.

 

 

3.      90 Pole Hill Road, Application #2014-035 submitted by Bethany Community Garden Committee for a Site Plan approval to locate the Community Garden on the Southside of park  Public hearing continued to the next regular meeting scheduled on January 7, 2014.

 

 

4.      50 Hunters Trail (Sun Gold Stables), Discussion regarding second equine business operating from the property -

 

Brief discussion regarding illegal operation of a second business Shannon Equine at the property.  Waiting for comments from Town Attorney Kevin McSherry.  Tabled.

 

 

5.      Continue discussion on Village Districts - Tabled.

 

 

 

 

 

 

 

 

6.      Executive Session – Matters in litigation

 

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.

 

 

7.      Executive Session – Personnel matters - Tabled

 

 

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