Tuesday, January 9, 2018


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF
The regular meeting of the Planning and Zoning Commission was called to order at 7:04 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, Vice-Chair
            Donna Shea, Member/Secretary
            Bob Harrison, Member
            Alex Hutchinson, Member
Brad Buchta, Alternate Member
Carol Lambiase, Alternate Member
            Eric McDonald, Alternate Member
 
Also present were:
            Hiram Peck, Planning Consultant
            Isabel Kearns, Zoning Enforcement Officer
            Kevin McSherry, Town Attorney
 
 
APPROVAL OF MINUTES                
            
  1. It was moved by Calhoun  and seconded by Shea to approve, as amended, the minutes of the November 1, 2017, Regular Meeting:
  • Page 5, Third Paragraph – Remove Item #2).  Repeat of Item #1.
  • Page 9, Item #12. – Remove.
    Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
      Unanimous approval.
 
  1. It was moved by Calhoun and seconded by Harrison to approve, as submitted, the minutes of the November 11, 2017, Special Meeting/Site Visit.
    Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
      Unanimous approval.
 
 
BILLS
 
  1. It was moved by Calhoun and seconded by Hutchinson to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for November 2017, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
 
  1. It was moved by Calhoun and seconded by Shea to approve the payment of a bill for $125.00, dated for December 6, 2017; from John McLeod for recording services for the public hearing (68 Hopp Brook Road).
    Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
 
 
 
GENERAL CORRESPONDENCE
 
  1. Letter from Nancy McCarthy, Town Clerk, dated November 13, 2017, Re:  2018 Regular Meeting schedule with attached draft 2018 Schedule prepared by PZC Clerk.
     
It was moved by Calhoun and seconded by Harrison to approve the draft 2018 Regular Meeting Schedule prepared by the PZC Clerk to be submitted to the Town Clerk.
Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
 
  1. Letter from Isabel Kearns, ZEO, to Darren Wisniewski owner of 29 Poplar Swamp Road, dated November 17, 2017, Re:  Notice of Violation at 29 Poplar Swamp Road, discarded debris and other “junk”.
 
 
PUBLIC HEARING
 
  • 68 Hopp Brook Road, Application #2017-017 submitted by Adam Lieder for a Home Occupation Permit for a tree service and to park three vehicles on the subject property
 
At 7:18 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 reviewed the complete contents of the 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:
  1. Exhibit 1A – Submitted by Wolodymyr Iwaniv of 29 Hopp Brook Road, three handwritten papers of speech at hearing.
 
Present to speak on behalf of this application was Adam Lieder, owner of Out on the Limb Tree Service, of 75 Silvermine Road, Seymour, Connecticut.
 
During discussion, Mr. Lieder noted:
    • Has been in business for 18 years.
    • Would like to park 3 trucks at his future residence at 68 Hopp Brook Road.
    • Is in the process of cleaning up the property located at 68 Hopp Brook Road.
    • Amended Statement of Use dated October 20, 2017, to include some Saturday’s weather permitting for Hours of Operation.
    • Will not sell wood on the property.
    • Equipment trailing behind the truck is a trailer and chipper.
       
       
       
       
       
       
       
       
 
Letters submitted from Nancy Jansen of 60 Hopp Brook Road dated October 20, 2017 and October 25, 2017, and letter from Lodynsky Family dated October 26, 2017, were read at public hearing by Member Calhoun.
 
Chair Brinton asked if anyone from the public would like to speak in favor of the application or against the application.  The following public members spoke:
  • Wolodymyr Iwaniv of 29 Hopp Brook Road.
  • Nancy Jansen of 60 Hopp Brook Road.
 
Commission members conducted a site visit on November 11, 2017.
 
Some Commission members commented on the following:
  • Large amount of equipment on the property.
  • Property grandfathered in as commercial.
  • Road is narrow but also a public road.
  • ZEO to research when fence was proposed.
  • Would like building inspector to look at property.
 
Hiram Peck, Planning Consultant, suggested the Commission continue the hearing to the next regular meeting to gather the information needed.
 
At 8:30 p.m., it was moved by Calhoun and seconded by Shea to recess the public hearing and continue to the next regular meeting on Wednesday, January 3, 2017, in the Commission Meeting Room of the Bethany Town Hall.
Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.                                                                                                                                                                
 
 
 
511 Amity Road – First Congregational Church (First Church Burial Ground) – It was moved by Shea and seconded by Harrison to add to the agenda a Connecticut General Statute Section 8-24 Review submitted by First Selectman Derrylyn Gorski for the proposal by the First Congregational Church to convey to the Town of Bethany their 1.3 acre cemetery.
Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
 
 
 
667 Amity Road – It was moved by Calhoun and seconded by Hutchinson to add to the agenda the review of the landscaping plan for 667 Amity Road, Matt Micros.
Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
 
 
 
 
 
 
 
 
NEW BUSINESS
 
  1. Connecticut General Statute Section 8-24 Review submitted by First Selectman Derrylyn Gorski for the proposal by the First Congregational Church to convey to the Town of Bethany their 1.3 acre cemetery
 
Present to discuss this proposal was Kevin McSherry, Town Attorney.  Attorney McSherry noted the following:
  • Town of Bethany approached by Church of Christ to take over responsibility of this cemetery due to lack of people to run the cemetery.
  • Cemetery is in good shape.
  • Town’s responsibility to maintain the cemetery and sell the graves.
 
It was moved by Calhoun and seconded by Shea that the Bethany Planning and Zoning Commission hereby finds that the proposal by the First Congregational Church to convey to the Town of Bethany their 1.3 acre cemetery is not in conflict with the Town Plan of Conservation and Development adopted November 18, 1998 and last revised August 31, 2010.
Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
 
 
  1. 667 Amity Road, Soccer Fields, Matt Micros, Landscaping Plan
 
Present for this discussion was Matt Micros, owner, and Bill of Blue Sky Landscaping, Shelton, Connecticut.
 
Bill of Blue Sky Landscaping submitted an untitled landscaping plan and discussed with Commission Members. 
 
Hiram Peck, Planning Consultant, suggested the Commission look at further and not make a quick decision.  Also the Commission would like a list of quantities and sizes of plantings.
Tabled.
 
 
OLD BUSINESS
 
  1. 68 HOPP BROOK ROAD, Application #2017-017 submitted by Adam Lieder for a Home Occupation for tree service and to park 3 vehicles on property – Hearing continued to January 3, 2018.
 
  1. Continue discussion regarding Accessory Apartments and other Zoning Regulations including Attainable Housing Regulation - 
     
    Hiram Peck, Planning Consultant, reviewed draft amendment for Attainable Housing Overlay Zone.  Tabled.
 
 
 
 
 
 
ZONING ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, ZEO, distributed copies of two reports she prepared as follows:
  • Building Permits.
  • Site Inspections from November 3, 2017 to November 21, 2017.
 
 
ADJOURNMENT
 
There being no further business to come before the Commission, it was moved by Calhoun and seconded by Hutchinson to adjourn the regular meeting at 9:54 p.m.
Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
 
 
 Respectfully submitted,
 
 
 
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
WEDNESDAY, DECEMBER 6, 2017    Page 1 of 5