Friday, March 20, 2015


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, MARCH 4, 2015                                             Page 1 of 6

 

 

The regular meeting of the Planning and Zoning Commission was called to order at 7:07 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

            Bradford Buchta, Alternate Member, seated as a voting member

            Eric McDonald, Alternate Member

 

The following Commission Member was absent:

            Douglas Goldner, 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 February 4, 2015, Regular Meeting.

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

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 February 2015, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Email from Maureen Baldino of 504 Carrington Road, dated January 20, 2015, Re:  Support for Bethany Community Garden.

2.      Letter from Bruce Loomis, Sabrina Drive, dated February 4, 2015, Re:  Joint letter regarding proposed Community Garden on Pole Hill Road.

3.      Email from Judith Hsiang of 204 Falls Road, dated February 9, 2015, Re:  Community Garden.

 

4.      Email from Judith Hsiang of 204 Falls Road, dated February 9, 2015, Re:  Community Garden.

5.      Submitted by James Seaton a six page packet prepared by Mary Ellen Unger regarding the Bethany Community Garden possible location at the Airport Property.

6.      Memo from Isabel Kearns, ZEO, dated February 24, 2015, Re:  Comments on review of applications for 10 Round Hill Road.

7.      Letter from Bill and Wendy Grieger dated February 5, 2015, Re:  Request to modify original approval at 63 Sargent Drive, landscaping buffer.

8.      Letter from Isabel Kearns, ZEO, to Luiza DaSilva, dated February 5, 2015, Re:  Notice of Violation, 50 Hunters Trail, two businesses operating from same property.

9.      Letter from Isabel Kearns, ZEO, to Mr. Mrs. Harvey Brar, dated February 5, 2015, Re:  696 Amity Road, Unit 4A, Eyebrow Threading Salon, illuminated signage.

10.  Letter from Isabel Kearns, ZEO, to Orlando Skaarva, dated February 5, 2015, Re:  696 Amity Road, Units 5A and 6A, Convenience Store, illuminated signage.

11.  Letter from Isabel Kearns, ZEO, to Neat Arjo, dated February 5, 2015, Re:  696 Amity Road, Units 10A and 10B, Bethany Brick Oven Pizza, illuminated signage.

12.  Letter from Town of Hamden, Planning and Zoning Department, dated February 20, 2015, Re:  Proposed Zoning Regulation Amendment.

 

 

PUBLICATIONS AND WORKSHOPS

 

1.      Connecticut Federation of Planning and Zoning Agencies Annual Conference, March 26, 2015.

2.      CLEARscapes Newsletter, Fall 2014.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT

 

Isabel Kearns, ZEO, reported on the following:

·         State of Connecticut wants to standardize permits for solar put permit for solar and putting online.

·         Billy’s Ice Cream would like to allow customers to bring in their own beer and wine.

·         Ray Pantelone, Bethany Tree Warden, stated he reviewed 10 Round Hill Road and that the plantings list is outdated.  The Commission would like some suggestions.

 

 

PUBLIC HEARING

 

·         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 7:17 p.m., Chair Brinton called the public hearing to order.  Roll call was taken. 

 

 

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 2A - Email from Maureen Baldino of 504 Carrington Road, dated January 20, 2015, Re:  Support for Bethany Community Garden.

B.     Exhibit 2B - Email from Judith Hsiang of 204 Falls Road, dated February 9, 2015, Re:  Community Garden.

C.     Exhibit 2C - Email from James Hsiang of 204 Falls Road, dated February 9, 2015, Re:  Community Garden.

D.    Exhibit 2D - Submitted by James Seaton, a six page packet prepared by Mary Ellen Unger regarding the Bethany Community Garden possible location at the Airport Property.

 

Chair Brinton noted the Commission received last month at the February 4, 2015, regular meeting, a letter from Bruce Loomis, Sabrina Drive, dated February 4, 2015, Re:  Joint letter regarding proposed Community Garden on Pole Hill Road.

 

Chair Brinton stated the Inland Wetlands Commission has not acted on the application at this time.

 

Chair Brinton asked if anyone from the public would like to speak for the application or against the application.  The following public individuals spoke:

·         James Seaton of 485 Bethmour Road. (Submitted Exhibit 2D)

·         James Stirling of 20 Miller Road.

 

At 7:28 p.m., it was moved by Sullivan and seconded by Calhoun to close the public hearing pending the submission of action by the Inland Wetlands Commission.

Unanimous approval.

 

 

NEW BUSINESS

 

1.      Presentation by the Long Term Financial Planning Committee

 

Present from the Long Term Financial Planning Committee were Members Chip Spear and Jamie Stirling.  The presentation included slides and a discussion on the education on the financial health of the Town of Bethany for the next five years and the impact of the Commission’s decisions regarding the Town.

 

2.      10 Round Hill Road, Application #2015-001 submitted by William Ciola for a Site Plan Approval for construction of storage building and sign

 

The Commission formally received the application.  The Commission scheduled a public hearing date of April 1, 2015.  Tabled.

 

3.      10 Round Hill Road, Application #2015-002 submitted by William Ciola for a Special Exception Permit for Outside Storage

The Commission formally received the application.  The Commission scheduled a public hearing date of April 1, 2015.  Tabled.

 

4.      10 Round Hill Road, Application #2015-003 submitted by William Ciola for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit

The Commission formally received the application.  The Commission scheduled a public hearing date of April 1, 2015.  Tabled.

 

5.      63 Sargent Drive, Application #2015-004 submitted by Bill and Wendy Grieger for a Site Plan Modification – Landscaping

 

The Commission formally received the application.  Present to speak on behalf of this application was Bill and Wendy Grieger, owners of record.  The Griegers' had a brief discussion with the Commission regarding the proposed plantings and the easements (CL&P and drainage easement) on the property.

 

The Commission received a letter from Bill and Wendy Grieger dated February 5, 2015, Re:  Request to modify original approval at 63 Sargent Drive, landscaping buffer.

 

Commission members discussed and proceeded to deliberate.  It was moved by Sullivan and seconded by Shea to approve the following resolution for Application #2015-004:

Whereas, the Commission previously approved Application #2014-021 for a Site Plan Development on August 6, 2014;

 

Whereas, the owner of the property, Bethany Heavy Equipment Storage/Grieger, applied to the Bethany Planning and Zoning Commission for a modification of Permit #2014-021 on March 4, 2015.  Said modification is specifically related to the omission of the westerly landscaped bufferyard which is located behind the building and is also referenced on the map of record;

 

Whereas, the Commission, also at its regular meeting of March 4, 2015, considered the request to omit the westerly landscaped bufferyard located to the rear of the building due to the location of an existing drainage easement, testimony and other pertinent application information relating to Application #2015-004;

 

Now Therefore Be It Resolved, that pursuant to Section 5.2.A of the Bethany Zoning Regulations, amended to February 27, 2015, the Bethany Planning and Zoning Commission approves Application #2015-004 for a modification of Permit #2014-021 which is specifically related to the omission of the westerly landscaped bufferyard located behind the building at 63 Sargent Drive, as presented in the application and testimony

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

Unanimous approval.

 

6.      46 Mesa Drive, Application #2015-005 submitted by James Woodward for a Five-Lot Subdivision

                         

The Commission formally received the application.  The Commission scheduled a public hearing date of April 1, 2015.  Tabled.

 

 

7.      46 Mesa Drive, Application #2015-006 submitted by James Woodward for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit

 

The Commission formally received the application.  The Commission scheduled a public hearing date of April 1, 2015.  Tabled.

 

 

OLD BUSINESS

 

1.      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 closed this evening.  Tabled.

 

2.      Discussion regarding the rewriting of the current Zoning Regulations

 

Hiram Peck, Planning Consultant, spoke briefly on the rewriting of the Zoning Regulations.  Some items noted by Mr. Peck were:

·         Using plan language to rewrite the Zoning Regulations to make clearer for people.

·         Focus on environment, water resources, power (wind and solar), walkability, housing issues, village districts, open space, lighting, and signs.

Tabled.

 

3.      50 Hunters Trail (Sun Gold Stables), Discussion regarding second equine business operating from the property -

 

Present for this discussion was Luiza DaSilva, owner of record.  Ms. DaSilva briefly discussed the fact she needs this second business at her property (Shannon Equine) to financially survive and that it is the same type of business she operates.

 

Letter from Isabel Kearns, ZEO, to Luiza DaSilva, dated February 5, 2015, Re:  Notice of Violation, 50 Hunters Trail, two businesses operating from same property.

 

During this discussion, the Commission noted:

·         Town Attorney stated that property owner in violation with two businesses.

·         Remove other business name (Shannon Equine) off the internet.

·         Property owner can submit an application to amend the Zoning Regulations.

·         The ZEO to send copy of letter from Town Attorney to property owner.

·         Property owner to contact Bethany Horse Council.

Tabled.

 

4.      Executive Session – Matters in litigation  Tabled.

 

5.      Executive Session – Personnel mattersTabled.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Buchta and seconded by Calhoun to adjourn the regular meeting at 8:50 p.m.

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

Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning