MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JANUARY 6, 2016     Page 1 of 10

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, Chair

            Michael Calhoun, Member

            Donna Shea, Member

            Bradford Buchta, Alternate Member, seated as a voting member.

            Carol Lambiase, Alternate Member, seated as a voting member.

            Eric McDonald, Alternate Member

 

The following Commission Members were absent:

            Michael Sullivan, Vice-Chairman

            Douglas Goldner, Member

 

Also present were:

             Hiram Peck, Planning Consultant

             Isabel Kearns, Zoning Enforcement Officer  

             Kevin McSherry, Town Attorney 

 

 

Executive session with Town Attorney Kevin McSherry to discuss Judge’s decision pertaining to 4 Peck Road –

 

At 7:07 p.m., it was moved by Calhoun and seconded by Buchta for the Commission to enter into an executive session regarding matter of litigation.  Hiram Peck, Planning Consultant, and Isabel Kearns, ZEO, were invited into the executive session.

 

At 7:20 p.m., it was moved by Calhoun and seconded by Lambiase for the Commission to exit out of executive session. 

 

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

 

 

APPROVAL OF MINUTES

            

1.      It was moved by Buchta and seconded by Calhoun to approve the minutes of the December 2, 2015, Regular Meeting, with the following amendments:

·         Page 2, Fourth Bullet – Reads “Sent letter to enter property and property owners no posted no trespassing signs.” Change to “Sent letter to enter property and property owners posted no trespassing signs.”

·         Page 9, First Paragraph, Third sentence – Reads “Waste chemicals should be stored indoors our outside” Change to “Waste chemicals should be stored indoors or outside”.

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

Unanimous approval.

 

 

 

2.      It was moved by Brinton and seconded by Shea to approve, as submitted, the minutes of the December 13, 2015, Special Meeting/Site Visit/Hearing Continuation.

Calhoun and Buchta abstained.

Voting for:  Brinton, Shea, Lambiase.

Unanimous approval.

 

3.      It was moved by Calhoun and seconded by Lambiase to approve, as submitted, the minutes of the December 30, 2015, Special Meeting/Site Visit/Hearing Continuation.

Shea and Buchta abstained.

Voting for:  Brinton, Calhoun, Lambiase.

Unanimous approval.

 

 

BILLS

 

1.      It was moved by Calhoun and seconded by Buchta to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for December 2015, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

2.      It was moved by Buchta and seconded by Lambiase to approve the payment of a bill for $105.00, dated January 6, 2016, from Anne Sohon for recording services for the public hearings (48 Mesa Drive, 33 Old Amity Road, 304 Wooding Hill Road).

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

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from South Central Connecticut Regional Planning Commission, dated   November 16, 2015, Re:  Comments on review of proposal for subdivision located at 48 Mesa Drive.

2.      Letter from Naugatuck Valley Council of Governments, dated November 9, 2015, Re:  Comments on review of proposed subdivision located at 48 Mesa Drive.

3.      Letter from Bethany Conservation Commission, submitted December 2, 2015, Re:  Comments on review of application for Clifford Drive Estates, 48 Mesa Drive.

4.      Letter from Dave Nafis, Town Engineer, dated December 2, 2015, Re:  Review of plans and specifications for Clifford Drive Estates, 48 Mesa Drive.

5.      Letter from Quinnipiack Valley Health District, dated March 5, 2015, Re:  Comments on review of plans for proposed Clifford Drive Estates, Mesa Drive.

6.      Copy of two photographs taken at site walk on December 30, 2015, submitted by Michael Calhoun, Commission Member, 48 Mesa Drive.

7.      Certificate of Mailing (3 pages), to property owners within 500 feet received from Manuel Preta for Applications #2015-020/021/022/023, 33 Old Amity Road, submitted December 8, 2015.

 

 

 

 

8.      Letter from Ray Pantalone, Tree Warden, dated November 4, 2015, Re:  Comments on review of plans for 33 Old Amity Road.

9.      Letter from Dave Nafis, Town Engineer, dated December 2, 2015, Re:  Comments on review of plans and specifications for 33 Old Amity Road.

10.  Letter from Quinnipiack Valley Health District, dated December 2, 2015, Re:  Comments on review of Application #2015-020, 33 Old Amity Road.

11.  Letter from Rod White, Fire Marshal, dated January 5, 2016, Re:  Comments on review of applications for 33 Old Amity Road.

12.  Letter Bethany Volunteer Fire Department, dated January 4, 2016, Re:  Comments on review of Application #2015-026 for 304 Wooding Hill Road.

13.  Letter from Inland Wetlands Commission, dated January 6, 2016, Re:  Comments on review of proposal for 304 Wooding Hill Road.

14.  Letter from Planning and Zoning Commission to Town Counsel Kevin McSherry, dated December 4, 2016, Re:  Zoning Enforcement Matters.

15.  Email from Kevin McSherry, Town Counsel to Isabel Kearns, ZEO, dated December 8, 2015, Re:  Response to email from ZEO in regard to drive regulations, 24 Horse Shoe Hill Road.

16.  Letter from Isabel Kearns, ZEO, to John Ciola of 29 Pine Brook Crossing, dated     December 9, 2015, Re:  Notice of Violation, 5 Amity Road/10 Round Hill Road, obtain building permit to continue operation of business.

17.  Letter from Town of Prospect to South Central Council of Governments, dated       November 30, 2015, Re:   Proposed revision to Prospect Zoning Regulations to add Home Heating Oil Trucks.

 

 

PUBLIC HEARING

2 Applications to be heard together:

·         Application #2015-019 submitted by James Woodward for 5-Lot Subdivision (Clifford Estates) located at 48 Mesa Drive and

·         Application #2015-028 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit -

 

At 7:27 p.m., Chair Brinton called the public hearing to order.   Roll call was taken.         Chair Brinton read the legal notice for the public hearing and the notice of continuation.  Chair Brinton reviewed the complete application file.

 

The Commission held site visits on Sunday, December 13, 2015, and on Wednesday, December 30, 2015.

 

During the course of the public hearing, Chair Brinton noted that the Commission has received the following item relative to the subject application.  Exhibit identification was assigned as noted:

A.    Exhibit 1A – Letter from South Central Connecticut Regional Planning Commission, dated   November 16, 2015, Re:  Comments on review of proposal for subdivision located at 48 Mesa Drive.

 

 

 

 

B.     Exhibit 1B - Letter from Naugatuck Valley Council of Governments, dated November 9, 2015, Re:  Comments on review of proposed subdivision located at     48 Mesa Drive.

C.     Exhibit 1C - Letter from Bethany Conservation Commission, submitted      December 2, 2015, Re:  Comments on review of application for Clifford Drive Estates, 48 Mesa Drive.

D.    Exhibit 1D - Letter from Dave Nafis, Town Engineer, dated December 2, 2015,    Re:  Review of plans and specifications for Clifford Drive Estates, 48 Mesa Drive.

E.     Exhibit 1E - Letter from Quinnipiack Valley Health District, dated March 5, 2015, Re:  Comments on review of plans for proposed Clifford Drive Estates, Mesa Drive.

F.      Exhibit 1F - Copy of two photographs taken at site walk on December 30, 2015, submitted by Michael Calhoun, Commission Member, 48 Mesa Drive.

G.    Exhibit 1G – Submitted by Al Shepard, five green domestic return receipt cards to property owners within 500 feet.

H.    Exhibit 1H – Submitted by Al Shepard, two page copy of Subdivision bond estimate.

I.       Exhibit 1”I” – Submitted by ZEO, copy of memo from Isabel Kearns, ZEO, dated October 9, 2015, Re:  Review comments for Clifford Drive Estates, Woodward.

J.       Exhibit 1J – Submitted by Al Shepard, copy of letter to ZEO, dated February 26, 2015, Re:  Response to comments from ZEO in a letter dated October 29, 2014.

K.    Exhibit 1K – Submitted by ZEO, copy of memo from Isabel Kearns, ZEO, dated October 29, 2014, Re:  Review of Clifford Drive Estates, Woodward.

L.     Exhibit 1L – Read in hearing record, letter from Judith Smith of 34 Tawney Drive.

 

 

Present to speak on behalf of the applications were the following:

·         Attorney Paul Jessell of Slavin, Stauffacher & Scott, Watertown, CT.

·         Alan Shepard, P.E., and partner with the firm Nowakowski, O’Bymachow and Kane, Shelton, CT, representing the owner of record, Mr. James W. Woodward, Jr. who was also present.

 

First to speak was Attorney Paul Jessell.  In discussion, some items Attorney Jessell discussed were:

·         Applicant offering 20% fee in lieu of open space.

·         Received Inland Wetland approval in May 2014.

·         Boards of Selectmen have approved the road.

·         Will discuss with the Conservation Commission on Thursday, January 14, 2016, the interest in the remaining acreage.

 

Next to speak was Alan Shepard, P.E.  Mr. Shepard reviewed the proposed subdivision including drainage, the road, ledge outcropping, and the site grading.

 

Mr. Shepard submitted Exhibits G, H and J.

 

Mr. Shepard reviewed comments from the ZEO in letters dated October 29, 2014 and October 9, 2015.  Also, Mr. Shepard reviewed the letter from Nafis and Young dated December 2, 2015.

 

 

 

Hiram Peck, Planning Consultant, stated in terms of the fee in lieu of open space, who will do the appraisal?  This information should be submitted to the Commission for their review.  Also, Mr. Peck stated the record should be complete and include the Inland Wetlands Approval.  This information should be incorporated into the record file.

 

Mr. Shepard will revise plans to address comments from Nafis and Young letter dated December 2, 2015, and the ZEO’s comments and submit revised plans to the Commission for review.

 

Chair Brinton asked if anyone from the public would like to speak in favor of the application or against the application. 

 

The following individuals spoke: 

·         Judith Smith of 34 Tawney Drive. (submitted Exhibit 1L)

·         Cliff Skolnick of 60 Tawney Drive.

·         Mark Cullen of 69 Tawney Drive.

·         Helen Murphy of 67 Tawney Drive.

 

Also present to speak was Bruce Loomis, Chairman of the Conservation Commission.  Mr. Loomis stated the letter submitted December 2, 2015, Exhibit 1C, still stands.  Mr. Loomis mentioned that the Conservation Commission will work with the applicant, will fully support the fee in lieu of open space and will discuss the open space on other piece of land.

 

Michael Katzmark, Bethany Volunteer Fire Department Water Source Officer, stated there is a concern with the water source.  Mr. Katzmark would like the applicant to submit a complete package of the requirements and would like to be included in any future correspondence.

 

At 8:40 p.m., it was moved by Calhoun and seconded by Buchta to recess the public hearing and continue the public hearing to the next regular meeting scheduled for Wednesday, February 3, 2016, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall.

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

Unanimous approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC HEARING

Four applications to be heard together:

·         33 Old Amity Road, Application #2015-020 submitted by Wayne Zirolli for Two New Use permits – Concrete Business and Sale of Earth Materials and Cement –

·         33 Old Amity Road, Application #2015-021 submitted by Wayne Zirolli for Site Development Plan/Commercial Development and a 6’ by 4’ freestanding sign –

·         33 Old Amity Road, Application #2015-022 submitted by Wayne Zirolli for Special Exception for Outside Storage of earth materials for sale and forms –

·         33 Old Amity Road, Application #2015-023 submitted by Wayne Zirolli for Special Exception for Earth Removal, Excavation, Filling, Stockpiling and Grading –

 

At 8:43p.m., Chair Brinton called the public hearing to order.   Roll call was taken.         Chair Brinton read the legal notice for the public hearing.  Chair Brinton reviewed the complete application files.

 

Chair Brinton stated she is property owner on Old Amity Road will not be prejudice towards these application.

 

During the course of the public hearing, Chair Brinton noted that the Commission has received the following item relative to the subject application.  Exhibit identification was assigned as noted:

A.    Exhibit 1A – Certificate of Mailing (3 pages), to property owners within 500 feet received from Manuel Preta for Applications #2015-020/021/022/023, 33 Old Amity Road, submitted December 8, 2015.

B.     Exhibit 1B  - Letter from Ray Pantalone, Tree Warden, dated November 4, 2015, Re:  Comments on review of plans for 33 Old Amity Road.

C.     Exhibit 1C  - Letter from Dave Nafis, Town Engineer, dated December 2, 2015, Re:  Comments on review of plans and specifications for 33 Old Amity Road.

D.    Exhibit 1D - Letter from Quinnipiack Valley Health District, dated December 2, 2015, Re:  Comments on review of Application #2015-020, 33 Old Amity Road.

E.     Exhibit 1E - Letter from Rod White, Fire Marshal, dated January 5, 2016, Re:  Comments on review of applications for 33 Old Amity Road.

F.      Exhibit 1F – Copy of letter from Diversified Technology Consultants to the Bethany Inland Wetlands Commission, dated December 28, 2015, Re:  Comments on review of application for 33 Old Amity Road.

 

Present to speak on behalf of these applications was Wayne Zirolli, P.E./L.S., representing the property owner Manuel Preta.

 

Mr. Zirolli reviewed the proposed construction and some items noted are:

·         This project will address numerous zoning violations on the property.

·         There will be four earth material bays.

·         Plans need to be revised to address Nafis and Young comments, dated December 2, 2015.

 

 

 

 

 

Chair Brinton asked if anyone from the public would like to speak in favor of the application or against the application.

 

The following individual spoke:

·         Dick Margolis, President of Green Haven Inc. located at 4 and 21 Meyers Road.  Concerned with traffic and hours of operation.

 

Michael Katzmark, Bethany Volunteer Fire Department Water Source Officer, stated the applicant needs to address the letter from Rod White dated January 5, 2016.  Also Mr. Katzmark mentioned the runoff of hazardous material into the wetlands and what hazardous materials will be stored in the proposed building (fire protection signage).

 

At 9:27 p.m., it was moved by Calhoun and seconded by Lambiase to recess the public hearing and continue the public hearing to the next regular meeting scheduled for Wednesday, February 3, 2016, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall.

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

Unanimous approval.

 

 

·         304 Wooding Hill Road, Application #2015-026 submitted by Barbara Welker-Griggs for a Special Exception Permit for one rear lot –

 

At 9:29 p.m., Chair Brinton called the public hearing to order.   Roll call was taken.         Chair Brinton read the legal notice for the public hearing.  Chair Brinton reviewed the complete application file.

 

During the course of the public hearing, Chair Brinton noted that the Commission has received the following item relative to the subject application.  Exhibit identification was assigned as noted:

A.    Exhibit 1A – Letter Bethany Volunteer Fire Department, dated January 4, 2016, Re:  Comments on review of Application #2015-026 for 304 Wooding Hill Road.

B.     Exhibit 1B - Letter from Inland Wetlands Commission, dated January 6, 2016, Re:  Comments on review of proposal for 304 Wooding Hill Road.

C.     Exhibit 1C – Submitted by Isabel Kearns, ZEO, copy of Chronology of Events for 304 Wooding Hill Road, dated August 7, 2012.

D.    Exhibit 1D – Submitted by John Paul Garcia, copy entitled “Parcel A Legal Description of Access Easement”.

E.     Exhibit 1E – Submitted by John Paul Garcia, copy of letter to Isabel Kearns dated December 9, 2015, Re:  Addressing comments on ZEO letter dated November 23, 2015.

F.      Exhibit 1F – Submitted by ZEO, copy of review by ZEO of plan for 304 Wooding Hill Road, dated November 23, 2015.

 

Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant Barbara Welker Griggs, who was also present.

 

 

 

 

Mr. Garcia reviewed the proposal for the lot split to create a rear lot and reviewed the plans submitted.  Mr. Garcia also addressed the review comments of ZEO in a letter dated November 23, 2015 (Exhibit 1F). 

 

Some items noted by the Commission were:

o   The Commission did not receive comments or an approval from the Quinnipiack Valley Health District.

o   It was mentioned that there has been shooting on the property.

 

Barbara Welker Griggs, property owner, stated the property is for sale and is hoping it will be sold as one whole parcel.

 

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

 

At 9:49 p.m., it was moved by Calhoun and seconded by Buchta to recess the public hearing and continue the public hearing to the next regular meeting scheduled for Wednesday, February 3, 2016, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall.

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

Unanimous approval.

 

 

NEW BUSINESS

 

1)      Discussion with Michael Katzmark, BVFD regarding the Subdivision Regulations Appendix #4 –

 

Michael Katzmark, Bethany Volunteer Fire Department Water Source Officer, reviewed the contradictions in the Zoning Regulations and the Subdivision Regulations.

 

 

OLD BUSINESS

 

1.      48 Mesa Drive, Application #2015-019 submitted by James Woodward for a five (5) Lot Subdivision – Public hearing adjourned and continued to February 3, 2016.  Tabled.

 

2.      48 Mesa Drive, Application #2015-028 submitted by James Woodward for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – Public hearing adjourned and continued to February 3, 2016.  Tabled.

 

3.      33 Old Amity Road, Application #2015-020 submitted by Wayne Zirolli for Two New Use permits – Concrete Business and Sale of Earth Materials and Cement – Public hearing adjourned and continued to February 3, 2016.  Tabled.

 

4.      33 Old Amity Road, Application #2015-021 submitted by Wayne Zirolli for Site Development Plan/Commercial Development and a 6’ by 4’ freestanding sign – Public hearing adjourned and continued to February 3, 2016.  Tabled.

 

 

 

5.      33 Old Amity Road, Application #2015-022 submitted by Wayne Zirolli for Special Exception for Outside Storage of earth materials for sale and forms – Public hearing adjourned and continued to February 3, 2016.  Tabled.

 

6.      33 Old Amity Road, Application #2015-023 submitted by Wayne Zirolli for Special Exception for Earth Removal, Excavation, Filling, Stockpiling and Grading – Public hearing adjourned and continued to February 3, 2016.  Tabled.

 

7.      304 Wooding Hill Road, Application #2015-026 submitted by Barbara Welker-Griggs for a Special Exception Permit for One Rear Lot – Public hearing adjourned and continued to February 3, 2016.  Tabled.

 

8.      50 Hunters Trail, Application #2015-027 submitted by Luiza DaSilva for a Special Exception Permit for a Boarding Stable (Sun Gold Stables/Shannon Equine) – Public hearing scheduled for February 3, 2016.  Tabled.

 

9.      Discuss future Land Use Plan (possible insertion in Town Plan of Conservation & Development) – The Commission scheduled a Special Meeting for Wednesday,     January 20, 2016, at 7:00 p.m. to review the maps.  Tabled.

 

10.  Discussion regarding the rewriting of the current Zoning Regulations – Hiram Peck, Planning Consultant, distributed a copy entitled “Zoning Regulation Revisions, General/Overall Comments which he prepared from Commission members comments.  The Commission scheduled a Special Meeting for Wednesday, January 20, 2016 at    7:00 p.m. for a preliminary kickoff to start the discussion on the rewriting of the regulations. Tabled.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT – Tabled.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Buchta and seconded by Lambiase to adjourn the regular meeting at 10:21 p.m.

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

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission