MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF OCTOBER 3, 2018 Page 1 of 7
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
Unanimous approval.
BILLS
1.
It was moved by Calhoun and seconded by Harrison to
approve the payment of $1,200.00 (monthly pro rata basis), for services
rendered for September 2018, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
Unanimous approval.
GENERAL CORRESPONDENCE
1)
Letter from Romolo Santilli, Project Manager, PAC Group
LLC, dated September 25, 2018, Re: Rocky
Corner Project, rock crusher and soil screener.
2)
Letter from Ronald Walters of South Central Connecticut
Regional Water Authority, dated September 19, 2018, Re: Rocky Corner processing activities.
3)
Letter from Ronald Walters of South Central Connecticut
Regional Water Authority, dated September 21, 2018, Re: Rocky Corner processing activities.
4)
Letter from Ronald Walters of South Central Connecticut
Regional Water Authority, dated September 26, 2018, Re: Rocky Corner processing activities.
5)
Letter from James W. Woodward, owner of Mesa Drive,
dated September 17, 2018, Re: Mesa
Drive, 5 Hydrants and a Water Retention Pond.
The Commission forwarded this letter to Town Attorney for review. Attorney McSherry will report back to the
Commission.
6)
Memo from Beacon Falls Town Hall, Clerk for P&Z
Commission, submitted September 24,
2018, Re: Town of Beacon Falls Public
Hearing on proposed amendment to Section 71.3 Notice to Abutters of the Zoning
Regulations.
7)
Letter from Isabel Kearns, ZEO, to Zhang Yan and
Nengyin Liu of 25 Sabrina Drive, dated September 17, 2018, Re: Possible Zoning Violation Re: Boarding House.
8)
Letter from Isabel Kearns, ZEO, to Zhang Yan and
Nengyin Liu of 25 Sabrina Drive, dated September 17, 2018, Re: Planning & Zoning Commission Meeting –
November 7, 2018.
9)
Letter from some residents of Sabrina Drive, dated
October 2, 2018, Re: 25 Sabrina Drive,
Zoning Violation, room renting establishment.
Present to discuss this possible
violation was Alfred Floramo of 35 Sabrina Drive. Mr. Floramo expressed his concerns regarding
the room renting establishment.
Isabel Kearns, ZEO, stated she has issued
a letter to the owners of 25 Sabrina Drive requesting their attendance at the
November 7, 2018, Regular Meeting to discuss this possible violation.
PUBLICATION
1.
Connecticut
Water, In Your Community News, September 2018.
·
58 Old
Amity Road, Application #2018-021 submitted by Green Haven for a Special Exception
Permit to allow rock crushing and screening –
At 7:16 p.m., Chair Brinton called the public hearing to
order. Roll call was taken. Chair Brinton read the legal notice for the
public hearing that was published in the New Haven Register.
Present to speak on behalf of this application was Romolo
Santilli, Project Manager, of PAC Group LLC, representing the applicant. Mr. Santilli reviewed the proposal for the
rock crushing due to the amount of rock that has been uncovered. Mr. Santilli stated the rock will be
processed and used on site.
Also, Mr. Santilli stated that they have addressed the
concerns of the South Central Connecticut Regional Water Authority and also,
that there will be no blasting.
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 from Romolo
Santilli, Project Manager, PAC Group LLC, dated September 25, 2018, Re: Rocky Corner Project, rock crusher and soil
screener.
B. Exhibit 1B - Letter from Ronald
Walters of South Central Connecticut Regional Water Authority, dated September
19, 2018, Re: Rocky Corner processing
activities.
C. Exhibit 1C - Letter from Ronald
Walters of South Central Connecticut Regional Water Authority, dated September
21, 2018, Re: Rocky Corner processing
activities.
D. Exhibit
1D - Letter from Ronald
Walters of South Central Connecticut Regional Water Authority, dated September
26, 2018, Re: Rocky Corner processing
activities.
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 7:35 p.m., it was moved by Calhoun and seconded by Shea
to close the public hearing on the subject application.
Unanimous
approval.
NEW BUSINESS
1)
Discussion
with Jack Ellison of 55 Green Hill Road regarding outdoor wood burning furnaces
–
Present for this discussion was Jack Ellison of 55 Green
Hill Road. The property of discussion
was 41 Green Hill Road. Mr. Ellison
discussed his concerns regarding the installation of an outdoor wood burning
furnace located at 41 Green Hill Road.
Also, Ron Farrell of 49 Green Hill Road addressed his
concerns.
Attorney Kevin McSherry stated there is not a regulation in
place in Bethany Zoning Regulations regarding outdoor wood burning furnaces. Attorney McSherry recommended a letter be
sent to the Building Official in regard to the height and the location of the furnace
and contacting the Department of Energy and Environmental Protection.
2)
789
Litchfield Turnpike, Application #2018-024 submitted by Lucia Dittmann for a
Home Occupation Permit to establish a dog treat bakery –
The Commission formally received the application. No one was present to speak on behalf of this
application.
Isabel Kearns, ZEO, stated the Quinnipiack Valley Health
District has not submitted their review comments at this time.
Further discussion and appropriate action on the application
was deferred until the Commission’s next regular meeting adjourned to Wednesday,
November 7, 2018. Tabled.
1.
285 Sperry
Road, Application #2018-020 submitted by Dennis and Susan Marsh for a Home
Occupation Permit to sell eggs and goat milk soaps and a Sign Permit –
No one was present to discuss this application and the
application fees have not been paid at this time.
Further discussion and appropriate action on the application
was deferred until the Commission’s next regular meeting adjourned to
Wednesday, November 7, 2018. Tabled.
2.
58 Old Amity
Road, Application #2018-021 submitted by Green Haven for a Special Exception
Permit to allow rock crushing and screening –
Isabel Kearns, ZEO, prepared a draft resolution. Commission members reviewed and proceeded to
deliberate. It was moved by Calhoun and
seconded by Harrison to approve the following resolution for Application
#2018-021:
Whereas, Dick
Margulis, President, of Green Haven applied on September 5, 2018, to the
Bethany Planning and Zoning Commission for a Special Exception Permit to allow rock
crushing and screening located at 58 Old Amity Road;
Whereas, the
Commission held a public hearing on October 3, 2018, on this application
(#2018-021);
Whereas, the
Commission closed the public hearing at the conclusion of testimony on October
3, 2018;
Whereas, the
Commission at its regular meeting of October 3, 2018, considered the plans,
testimony and other pertinent application information associated with this rock
crushing and screening operation located at 58 Old Amity Road;
Now Therefore,
the Commission makes the following findings of fact and decision regarding this
application:
1)
The Commission received a letter dated September 19,
2018, from Ronald Walters of the South Central Connecticut Regional Water
Authority, in which he requests further information. The Commission then received a follow-up
letter from Mr. Walters dated September 21, 2018, in which he states: 1) The
processing and refueling plan are acceptable; and 2) The Regional Water
Authority should be notified in the event of a spill. Finally, the Commission
received a letter dated September 26, 2018, from Ron Walters which stated the
rock crusher and screener is part of the site work currently being
conducted. We reviewed their revised
Emergency Action Plan which now includes contact information for the Regional
Water Authority and State of Connecticut Department of Energy and Environmental
Protection Spills response unit. These
submittals regarding the material processing activities are acceptable and
address Regional Water Authority concerns.
2)
Lynn Fox, Quinnipiack Valley Health District
representative, signed off on the back of the application form on August 30,
2018, and stated “location approved”.
3)
Rod White, Fire Marshal, signed off on the back of the
application form on August 30, 2018, indicating his approval.
Now Therefore Be It
Resolved, that pursuant to Section 8 of the Bethany Zoning Regulations,
amended to December 1, 2017, the Bethany Planning and Zoning Commission
approves the Special Exception Permit to allow rock crushing and screening located
at 58 Old Amity Road, as presented in the application, in association with the
testimony given, in accordance with the following plan entitled, “Site First
Floor Plan”, dated August 3, 2015, and submitted August 28, 2018, with hand
drawn markings by the applicant;
And with the following conditions:
1)
The applicant shall control dust onsite at all times.
2)
In the event conditions substantially change, the
applicant shall return to the Planning and Zoning Commission for approval.
Unanimous
approval.
3)
Continue discussion
with Dr. Gale Ridge of the Bethany “Environment” Committee regarding Wind Study
at Airport and “Sustainable CT” – Tabled.
4)
Public
hearing scheduled for Wednesday, November 7, 2018, at 7:15 p.m. Re:
Proposed amendment to the Town of Bethany Plan of Conservation and
Development – Bethany Center Village District - Tabled.
5)
Continue
discussion regarding Accessory Apartments and other Zoning Regulations
including Attainable Housing Regulation - Special Meeting scheduled for Wednesday,
October 17, 2018, at 7 p.m. Tabled.
6)
Executive
Session on possible litigation matter – Tabled.
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, submitted the following:
·
Building
Permits, dated September 4, 2018 to September 27, 2018.
·
Site
Inspections dated September 14, 2018, to September 21, 2018.
ADJOURNMENT
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Planning and Zoning
Commission
