THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MINUTES OF MEETING OF WEDNESDAY, APRIL 1, 2015                                             Page 1 of 8

 

The regular meeting of the Planning and Zoning Commission was called to order at 7:03 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

            James Gugliotti, Alternate Member

            Bradford Buchta, Alternate Member

            Eric McDonald, Alternate Member

 

Also present were:

           Hiram Peck, Planning Consultant

           Isabel Kearns, Zoning Enforcement Officer

 

 

APPROVAL OF MINUTES

            

1.      It was moved by Shea and seconded by Calhoun to approve the minutes of the March 4, 2015, Regular Meeting, with the following amendments:

·         Page 2, Third paragraph, First bullet:  Reads “State of Connecticut wants to standardize permits for solar put permit for solar and putting online.” Change to “State of Connecticut wants to standardize permits for solar and putting online.”

·         Page 4, Item #5, First paragraph, Second sentence:  Reads “Present to speak on behalf of this application was” Change to “Present to speak on behalf of this application were”.

·         Page 5, Item #2, First bullet: Reads “Using plan language” Change to “Using plain language”.

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

      Unanimous approval.

 

 

BILLS

 

1.      It was moved by Calhoun and seconded by Goldner to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for March 2015, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

 

 

 

 

2.      It was moved by Calhoun and seconded by Goldner to approve the payment of a bill for $105.00, dated April 1, 2015, from Anne Sohon for recording services for the public hearings (10 Round Hill Road and 46 Mesa Drive).

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

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from Quinnipiack Valley Health District, to Alan Shepard P.E., dated March 23, 2015, Re:  Review comments on plan for septic system for 10 Round Hill Road.

2.      Letter from Quinnipiack Valley Health District, to PZC, dated March 26, 2015, Re:  Review comments on 10 Round Hill Road, development of commercial building.

3.      Letter from Nafis & Young, Town Engineer, dated March 27, 2015, Re:  Review comments on plans for 10 Round Hill Road.

4.      Email from Eugene Livshits of South Central Regional Council of Governments, dated March 30, 2015, Re:  Formal review not required by Regional Planning Commission for Site Plan Approval for 10 Round Hill Road.

5.      Letter from Quinnipiack Valley Health District to PZC, dated March 5, 2015, Re:  Review comments on plans for 46 Mesa Drive, creation of a five-lot residential subdivision.

6.      Letter from Nafis & Young, Town Engineer, dated March 24, 2015, Re:  Review comments on plans for 46 Mesa Drive, Clifford Drive Estates including copy of letter to First Selectman, dated March 2, 2015, roadway design.

7.      Staff Referral Report from Naugatuck Valley Council of Governments, dated March 30, 2015, Re:  Review of residential subdivision application for 46 Mesa Drive.

8.      Email from Eugene Livshits of South Central Regional Council of Governments, dated March 30, 2015, Re:  Formal review not required by Regional Planning Commission for     46 Mesa Drive.

9.      Letter from Bruce Loomis, Chairman of the Bethany Conservation Commission, dated March 31, 2015, Re:  Comments on application for subdivision at 46 Mesa Drive.

10.  Letter from Rod White, Fire Marshal, dated March 31, 2015, Re:  Comments on review of Application #2015-005 and #2015-006 for Mesa Drive.

11.  Letter from Quinnipiack Valley Health District, dated March 26, 2015, Re:  Comments on revised drawing, dated October 16, 2014, for 90 Pole Hill Road, Community Garden.

12.  Letter from Isabel Kearns, ZEO, to NHB & Associates, dated March 25, 2015, Re:              53 Atwater Road – Request to classify as farm land.

13.  Letter from Isabel Kearns, ZEO, to Mr. & Mrs. William Grieger, dated March 6, 2015, Re:  Release of Violation Notice for 63 Sargent Drive.

14.  Copy of Town of Hamden, Application to amend the Zoning Regulations dated March 9, 2015, Re:  To require colleges and universities to submit five-year institutional master plans.

15.  Copy of Town of Hamden, Application to amend the Zoning Regulations submitted       March 20, 2015, Re:  To add a missed use zoning regulation that will permit both commercial use and mixed income housing.

 

 

 

ZONING ENFORCEMENT OFFICER’S REPORT

 

Isabel Kearns, ZEO, reported on the following:

·         Submitted Building Permits report dated April 1, 2015.

 

 

PUBLIC HEARING

 

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

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

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

 

At 7:15 p.m., Chair Brinton called the public hearing to order.  All three applications will be heard together.  Roll call was taken.  Chair Brinton read the legal notice for the public hearing.  Chair Brinton reviewed the complete application files.

 

Chair Brinton stated that Bill Ciola was her former landlord and Chair Brinton feels she will not be impartial acting on the applications.  Also, Member Shea stated she previously worked on the same property and feels she will not be impartial acting on the applications.

 

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 – Letter submitted by Nowakowski, O’Bymachow & Kane, dated March 31, 2015, Re:  Response to Nafis & Young letter dated March 27, 2015.

B.     Exhibit 1B – Letter submitted by Nowakowski, O’Bymachow & Kane, dated April 1, 2015, Re:  Response to Quinnipiack Valley Health District letter dated March 23, 2015.

C.     Exhibit 1C – Submitted by applicant, two drawings of architectural renderings submitted April 1, 2015.

 

Present representing the applicant was Michael O’Bymachow, L.S. from Nowakowski, O’Bymachow & Kane.  Mr. William Ciola, applicant, was also present.

 

In discussion, Mr. O’Bymachow noted the following:

·         Reviewed and submitted Exhibit 1A, a letter addressing comments from Town Engineer, Nafis & Young, letter dated March 27, 2015.

·         Reviewed and submitted Exhibit 2A, a letter addressing comments from QVHD, letter dated March 23, 2015.

·         No chemicals will be stored in proposed building.

·         Submitted revised plans dated to March 31, 2015.

·         Submitted revised plans to QVHD for comments.

·         Will be removing piles of mulch that exist on the property now.

·         Some of the wood fence will be removed.

 

Isabel Kearns, ZEO, asked applicant to provide draft easement language for the drainage onto Amity Road.  The ZEO prepared a memo dated February 24, 2015, regarding her review of plans for 10 Round Hill Road.  Applicant will review memo from ZEO and revise plans.

 

Some items noted by the Commission were:

·         Large space of impervious surface.

·         Concerned with runoff.

·         No drains in building and might have some equipment repair in building.

·         Screening – applicant should review zoning regulations.

 

Chair Brinton asked if anyone from the public would like to speak for the application or against the application.  There were no comments from the public.

 

The Commission would like to visit the site.  A site visit was scheduled for Wednesday, May 6, 2015 at 6:15 p.m.  Commission members will meet at the site.

 

At 7:53 p.m., Chair Brinton recessed the public hearing and continued it to the next regular meeting scheduled for Wednesday, May 6, 2015, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road.  Tabled.

 

 

·         46 Mesa Drive, Application #2015-005 submitted by James Woodward for a Five-Lot Subdivision including a waiver of road specifications found in the Code of the Town of Bethany-Chapter 166 -

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

 

Mr. James Woodward submitted an email dated April 1, 2015, to withdraw Application     #2015-005 and #2015-006.

 

 

NEW BUSINESS

 

1.      Preliminary discussion with Andy Liveten and Sharon Huxley regarding Airport Property horse show rings (upgrade horse show portion of the grounds) –

 

Present for this discussion was Sharon Huxley representing an ad hoc committee, who are trying to improve the drainage at the riding rings at the Airport Property on Amity Road. Mrs. Huxley stated this will be an informal presentation to receive input from the Planning and Zoning Commission.

 

 

 

 

In discussion, Mrs. Huxley noted:

·         Received a large donation and would like to make Airport area better for everyone.

·         Proposing to put the two riding rings that exist at 90 degrees, which changes the pitch on the south end and will enlarge the rings.

·         Water is pooling in the south end of the rings.  No drainage.

·         Idea is to put better footings in with curtain drains. (footings that exist are too deep)

·         Relocating section of the road to give more space.

·         Horse warm up areas are uneven and rocky.

·         Reviewed preliminary drawing of proposed area. (prepared by John Paul Garcia)

 

In discussion, the following was noted:

·         Road to be relocated and would be cutting into tree line. (can do on edge of tree line)

·         This is initial stage; working on this for a year.

·         Multipurpose field – Park and Recreation does not need another field.

·         Soil is clay and sand is holding all water.

·         The Commission would like to see overall plan of airport property.

·         No timeline for this project.

 

 

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 – 

 

The Inland Wetlands Commission approved the application on March 30, 2015.

 

Commission members discussed and proceeded to deliberate.

 

It was moved by Goldner and seconded by Shea to approve the following resolution for Application #2014-035:

 

Whereas, in a letter dated November 3, 2014, Derrylyn Gorski, First Selectwoman, authorized Mary Ellen Unger to apply on behalf of the Town for an organic community garden to be located in the southerly grassed area located at 90 Pole Hill Road;

 

Whereas, Mary Ellen Unger, Bethany Community Garden Chairperson, applied on November 5, 2014, to the Bethany Planning and Zoning Commission for site plan approval to locate an organic community garden, including forty-six (46) 4’ by 8’ by 1’ raised beds, three (3) 4’ by 8’ by 2’ raised beds, deer fencing, storage shed and an underground water supply located at 90 Pole Hill Road;

 

 

 

 

Whereas, the Commission opened the first public hearing for the organic community garden on December 3, 2014.  The hearing was continued to January 7, 2015, and then again to February 4, 2015, and March 4, 2015, and was closed at the conclusion of testimony that same night;

 

Whereas, the Commission also at its meeting of April 1, 2015, considered testimony and other pertinent application information relating to this Site Plan Approval to locate an organic community garden on the southerly portion of the grassed area located at 90 Pole Hill Road;

 

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

1)                  Inland Wetlands Permit #1230 was approved on March 30, 2015, for the location of the organic community garden, including forty-six (46) 4’ by 8’ by 1’ raised beds, three (3) 4’ by 8’ by 2’ raised beds, deer fencing, storage shed and an underground water supply located at 90 Pole Hill Road.

2)                  The Commission received a letter dated March 26, 2015, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District in which they state that soil testing may still be considered if the property was used as farmland and even though the beds will be raised.

3)                  Rod White, Fire Marshal, signed off on the back of the application form indicating his approval on March 26, 2015.

4)                  The Commission received a letter from Ray Pantalone, Tree Warden, dated November 17, 2014, in which he states that he reviewed the plan, examined the trees to be cut and has no objection to the proposal.

 

Now Therefore Be It Resolved that pursuant to Section 4.3.E. of the Town of Bethany Zoning Regulations, effective February 27, 2015, the Bethany Planning and Zoning Commission approves the site plan to locate an organic community garden on the southerly grassed area located at 90 Pole Hill Road based on the Information Packet received by the Commission on November 5, 2014, and with the following condition: 

A.    Parking shall not encroach onto the established parking area or the dry hydrant as stated on the back of the application form by Michael Katzmark, Water Source Officer for the Bethany Volunteer Fire Department dated March 30, 2015.

 

Note that as part of this review process all aspects of public input were considered as well as all aspects of the Connecticut General Statute Section 8-24, in which the Commission finds that the proposed community garden is not in conflict with the Town Plan of Conservation and Development.

Vote 5 to 0.

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

Unanimous approval.

 

 

2.      10 Round Hill Road, Application #2015-001 submitted by William Ciola for a Site Plan Approval for construction of storage building and sign – Public hearing continued to   May 6, 2015.  Tabled.

 

3.      10 Round Hill Road, Application #2015-002 submitted by William Ciola for a Special Exception Permit for Outside Storage – Public hearing continued to May 6, 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 – Public hearing continued to May 6, 2015.  Tabled.

 

5.      46 Mesa Drive, Application #2015-005 submitted by James Woodward for a Five-Lot Subdivision – Application withdrawn.   

 

6.      46 Mesa Drive, Application #2015-006 submitted by James Woodward for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit –  Application withdrawn.

 

7.      Discussion with ZEO regarding Solar PV Model Zoning Ordinance for CT Jurisdiction –  Commission members briefly discussed solar panels and fires and determined that more research needs to be done in regard to safety of solar panels on roofs and fires.  Ask Fire Marshal what he recommends.  Tabled.

 

8.      Discussion regarding the rewriting of the current Zoning Regulations – Chair Brinton mentioned the Board of Finance added $22,000 as a Capital Item to rewrite the Zoning Regulations.  This will go to the next Town Meeting in May.  Tabled.

 

9.      50 Hunters Trail (Sun Gold Stables), Discussion regarding second equine business operating from the property – Property owner working on proposed zoning amendment.  Tabled.

 

10.  Executive Session – Matters in litigation – To be removed from agenda.

 

11.  Executive Session – Personnel matters – To be removed from agenda.

 

                        

OTHER BUSINESS

 

Discussed topic of “Fees for outside consultants” which was on call at Town Meeting on     March 26, 2015.   Mr. Peck will make some revisions and go to the next Town Meeting in May.

 

Discussed future land use map which is not included in Town Plan of Conservation.  Mr. Peck recommends this map be inserted in with the Town Plan for people to refer to.  Continue discussion at next regular meeting in May.

 

 

 

 

 

 

ADJOURNMENT

 

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 9:05 p.m.

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

Unanimous approval.

 

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning