MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF MARCH 6, 2019 Page 1 of 7
The following Commission Members
were present:
Kimberly McClure Brinton, Chair
Michael Calhoun, Vice-Chair
Donna Shea, Member/Secretary
Brad
Buchta, Alternate Member, seated as a voting member
Carol
Lambiase, Alternate Member, seated as a voting member
Eric
McDonald, Alternate Member, seated as a voting member
The
following Commission Members were excused:
Bob Harrison, Member
Alex Hutchinson, Member
Also present were:
Hiram
Peck, Planning Consultant
Isabel
Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
Unanimous approval.
2.
It was moved by Calhoun and seconded by McDonald to
approve the minutes, as submitted, of the February 23, 2019, Special
Meeting/Site Visit/Hearing Continuation.
Unanimous approval.
BILLS
1.
It was moved by Calhoun and seconded by Lambiase to
approve the payment of $1,200.00 (monthly pro rata basis), for services
rendered for February 2019, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
2.
It was moved by Calhoun and seconded by Buchta to
approve the payment of a bill for $110.00 to Connecticut Federation of Planning
and Zoning Agencies for membership dues through March 31, 2020.
Unanimous approval.
3.
It was moved by Buchta and seconded by Shea to approve
the payment of a bill for $125.00, dated February 6, 2019, from Donna Cahill
for recording services for the public hearing (32 Hatfield Hill Road).
Unanimous approval.
GENERAL CORRESPONDENCE
1)
Memo from Anthony Vallillo of 788 Amity Road, dated
February 21, 2019, revised March 6, 2019, Re:
Requesting a five-year extension of Resubdivision Approval and Special
Exception Earth Excavation, Filling, Stockpiling and Grading Permit approved on
May 7, 2014.
2)
Letter from Isabel Kearns, ZEO, to Mr. Mrs. Daniel
Levine of 43 Luke Hill Road, dated February 11, 2019, Re: Notice of Violation for discarded debris and
construction materials located at 43 Luke Hill Road
3)
Email from Kevin McSherry, Town Attorney to Matt
Micros, Connecticut Football Club, 667 Amity Road, dated February 11, 2019,
Re: Items to be addressed for 667 Amity
Road with attached draft of response from Robert Sherwood, Landscape Architect,
on comments from Attorney McSherry.
PUBLIC HEARING CONTINUATION
·
32
Hatfield Hill Road, Application #2018-026 submitted by Montanna Sage Equine LLC
for a Special Exception Permit to
utilize existing indoor riding arena and horse stalls/barn –
At 7:15 p.m., Chair Brinton called the public hearing continuation
to order. Roll call was taken. Chair Brinton read the notice for the public
hearing continuation.
Commission members visited the site
on February 23, 2019. Commission members
stated that they were impressed with the work that had been completed at the
location.
Present to speak on behalf of this application was Montanna
Lambrecht, applicant. Ms. Lambrecht had no comments.
Chair Brinton asked if anyone from
the public would like to speak in favor or opposition of the application. There were no comments.
At 7:19 p.m., it was moved by Calhoun and seconded by Shea
to close the public hearing on the subject application.
Voting for: Brinton, Calhoun, Shea, Buchta, McDonald, Lambiase.
Unanimous approval.
NEW BUSINESS
1) 788 Amity Road, Anthony Vallillo, Received email dated February 21, 2019,
revised to March 6, 2019, requesting five-year extension of Four-lot
Resubdivision Approval and Special Exception Earth Excavation, Filling, Stockpiling
and Grading Permit approved on May 7, 2014.
Present for this discussion was Anthony Vallillo, owner of
record. Mr. Vallillo submitted a letter
dated March 6, 2019, requesting a 5-year extension of the four-lot subdivision
located at 788 Amity Road.
Commission members discussed and proceeded to
deliberate. It was moved by Calhoun and
seconded by Lambiase to grant the approval of the following motion:
Whereas, the Planning and Zoning
Commission approved a 4-lot resubdivision of Jonia Court (applicant Anthony
Vallillo) at 788 Amity Road on May 7, 2014 (Application #2013-028);
Whereas, the Planning and
Zoning Commission received a letter dated March 6, 2019, from Anthony Vallillo
in which he requests a five-year extension of the above-referenced
resubdivision. He has no immediate plans
to develop the subject subdivision; however, there is a possibility he will
proceed with development in accordance with the current permit within the next
five years.
Now Therefore Be It Resolved,
the Planning and Zoning Commission grants the request for a five-year extension
of Application #2013-028 for Anthony Vallillo for a 4-lot resubdivision located
at 788 Amity Road to commence on May 7, 2019, and expire at May 7, 2024.
Voting for: Brinton, Calhoun, Shea, Buchta, McDonald, Lambiase.
Unanimous approval.
1.
32 Hatfield
Hill Road, Application #2018-026 submitted by Montanna Sage Equine LLC for a
Special Exception Permit for a riding arena and boarding stable –
Hearing closed this evening.
Commission members discussed and proceeded to deliberate. It was moved by Calhoun and seconded Lambiase
to approve the following resolution for Application #2018-026:
Whereas, John
Ciola, owner of 32 Hatfield Hill Road,
signed off on the application authorizing Montanna Lambrecht to act on
his behalf to obtain a Special Exception Permit for a boarding stable for 12
horses and an indoor riding arena located at 32 Hatfield Hill Road;
Whereas, Montanna
Sage Equine, LLC applied for a Special Exception Permit for a boarding stable
for 12 horses and an indoor riding arena located at 32 Hatfield Hill Road on
December 5, 2018;
Whereas, the
Commission opened a public hearing on this application on February 6, 2019,
held a Site Visit/Special Meeting/Hearing Continuation on February 23, 2019,
and recessed the hearing to March 6, 2019.
Said hearing was closed at the conclusion of testimony on that same
evening;
Whereas, the
Commission at its regular meeting also held on March 6, 2019, considered the
maps, testimony and other pertinent application information relating to a
request for a Special Exception Permit for a boarding stable for 12 horses and an
indoor riding arena located at 32
Hatfield Hill Road;
Now Therefore,
the Commission makes the following findings of fact and decision regarding the
application:
1)
Lynn Fox, Quinnipiack Valley Health Department Representative,
signed off on the back of the application form on December 4, 2018. She stated, “Approval to utilize existing
structures for previous use.”
2)
The Planning and Zoning Commission received
correspondence from Ronald Walters of the South Central Connecticut Regional
Water Authority dated December 6, 2018, stating that “Waste storage should
conform to Section 19-13-B21(b) and 19-13-B32(e) of the Public
Health Code of the State of Connecticut.
Garbage and Refuse 19-13-B21 (b) states, In populous districts stable
manure shall be kept in a covered water-tight pit or chamber and shall be
removed at least once a week during the period from May first to October first
and during the other months at
intervals sufficiently frequent to maintain a sanitary condition satisfactory
to director of health. Sanitation of
Watersheds 19-13-B32 (e) states, No
stable, pigpen, chicken house or other structure where
the excrement of animals or fowls
is allowed to accumulate shall be located within one hundred feet of the high
water mark of a reservoir or within fifty feet of the high water mark of any
watercourse as above mentioned, and no such structure shall be located on any
watershed unless provision is made in a manner acceptable to the commissioner
of health for preventing manure or other polluting materials from flowing or
being washed into such waters.
3)
Rod White, Fire Marshal, signed off on the back of the
application form on December 4, 2018, indicating his approval.
Now Therefore Be It Resolved, that pursuant to Section 4.4.E. of
the Zoning Regulations of the Town of Bethany, effective December 1, 2017,
Application #2018-026 submitted by Montanna Lambrecht, the Commission hereby
approves the Special Exception Permit for operating a boarding stable for 12
horses and an indoor riding arena located at 32 Hatfield Hill Road, located in
the R-130 Zone based on the site plan submitted January 2, 2019, which was
included in the application materials;
And with the following conditions:
1)
The maximum number of horses on this property shall be
12.
2)
No additional outdoor lighting shall be installed.
3)
Riding lessons are limited to the riding arena.
4)
There shall be no competitions or shows.
5)
There shall be no stockpiling of manure. Manure shall be kept in a covered water-tight
pit or chamber and shall be removed at least once a week during the period from
May 1st to October 1st and during the other months at
intervals sufficiently frequent to maintain a sanitary condition satisfactory
to director of health.
Unanimous approval.
2.
667 Amity
Road, CFC Park, Status Update –
No one was present to speak on behalf of CFC.
The Commission received a memo received March 6, 2019, from
C&J Pump & Filtration, L.L.C. of Bethany, CT, Re: Well permit pulled with QVHD.
Commission members discussed with Hiram Peck, Planning
Consultant and noted the following:
o
CFC not addressing the information that the
Commission has requested.
o
Mr. Peck will prepare a letter of items that
have not been responded to.
o
Have CFC attend next meeting to update
Commission.
Tabled.
3.
Continue
discussion regarding draft Zoning Regulations – Schedule a Special Meeting.
The Commission scheduled a Special Meeting for Wednesday,
March 13, 2019, at 7:00 p.m. to continue review of draft zoning regulations.
Voting for: Brinton, Calhoun, Shea, Buchta, McDonald,
Lambiase.
Unanimous approval.
Hiram Peck, Planning Consultant, noted the following items
regarding Green Haven/Rocky Corner:
o
Rocky Corner working with the Land Trust on Open
Space Requirements.
o
State requiring Rocking Corner to post bond on the
entire project. Town should possibly
reconsider bonding requirement.
o
Requirements from Regional Water Authority to
set up separate water system.
o
Put bonding on agenda for next regular meeting
on April 3, 2019.
Tabled.
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, submitted the following:
·
Building
Permits, dated February 5, 2019 to February 27, 2019.
·
Site
Inspections dated February 4, 2019, to February 28, 2019.
ADJOURNMENT
Voting for: Brinton, Calhoun, Shea, Buchta, McDonald,
Lambiase.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Planning and Zoning
Commission
