Town of Bethany Meeting Minutes and Agendas: June 2019

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF JUNE 5, 2019 Page 1 of 9

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

7:05 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

The following Commission Member was excused:

Eric McDonald, Alternate Member

Also present were:

Hiram Peck, Planning Consultant

Isabel Kearns, Zoning Enforcement Officer

APPROVAL OF MINUTES

1. It was moved by Calhoun and seconded by Harrison to approve the minutes, as submitted, of the May 1, 2019, Regular Meeting.

Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

2. It was moved by Calhoun and seconded by Shea to approve the minutes, as submitted, of the May 15, 2019, Special Meeting.

Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.

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 May 2019, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

2. It was moved by Calhoun and seconded by Shea to approve the payment of a bill for $125.00, dated for June 5, 2019; from Donna Cahill for recording services for the public hearing (256 Amity Road).

Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

GENERAL CORRESPONDENCE

1) Letter from Isabel Kearns, ZEO, to Mr. Frederick Harvest of 99 Bethmour Road, dated June 28, 2018, Re: Notice of Violation, outside storage, 99 Bethmour Road.

2) Letter from Isabel Kearns, ZEO, to Mr. Frederick Harvest of 99 Bethmour Road, dated May 16, 2019, Re: Excavator removed, case closed.

PUBLIC HEARING

· 256 Amity Road, Application #2019-006 submitted by Thomas Capasso for a Special Exception Permit for Outside Storage of landscaping trucks and trailers –

At 7:15 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 and then reviewed the contents of the application file.

Chairman Brinton mentioned the applicant has received signoffs from the Quinnipiack Valley Health District and the Fire Marshal.

Present to speak on behalf of this application was Thomas Capasso, owner and applicant. Some items noted by Mr. Capasso were:

o Changing the fence line to be able to secure equipment at night.

o Will be storing pickup trucks and landscaping trailers.

o Will be adding a privacy screen on gate and plantings around fence line as shown on plan submitted.

o Measurement of new fenced in area is 50’ by 100’.

o Have two flood lights on side where fence is. The ZEO mentioned that they should be full cutoff.

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 7:38 p.m., it was moved by Hutchinson and seconded by Calhoun to close the public hearing on the subject application.

Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

NEW BUSINESS

1. 14 Collins Road, Application #2019-007 submitted by Danielle Beerli for a Home Occupation Permit for a home office (Empower Her) –

The Commission formally received the application. No one was present to speak on behalf of this application.

Isabel Kearns, ZEO, stated Ms. Beerli received the proper approvals and recommended approval. Isabel Kearns, ZEO, submitted a draft resolution. Commission members discussed and proceeded to deliberate.

It was moved by Calhoun and seconded Harrison to approve the following resolution for Application #2019-007:

Whereas, Danielle Beerli applied to the Planning and Zoning Commission on June 5, 2019, for a Home Occupation Permit to operate an office for “Empower Her” in her home located at 14 Collins Road;

Whereas, the Commission at its regular meeting of June 5, 2019, considered the statement of use, narrative, testimony and other pertinent application information relating to this Home Occupation application;

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

1) Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on May 3, 2019 indicating her approval.

2) Rod White, Fire Marshal, signed off on the back of the application form on June 3, 2019, indicating his approval.

Now Therefore Be It Resolved, that pursuant to Section 4.3.E.4.b. of the Town of Bethany Zoning Regulations, amended to December 1, 2017, the Bethany Planning and Zoning Commission approves the application of Danielle Beerli for a Home Occupation Permit to operate a home office for “Empower Her” in her home located at 14 Collins Road, as outlined in the Statement of Use dated May 3, 2019.

Vote 5 to 0.

Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

2. Discussion regarding renting out of Community House at Rocky Corner and clarification of easement on map with regard to final approval wording for Rocky Corner.

Present for this discussion was Brenda Caldwell, Nancy Prior and Richard Wilber

from Rocky Corner. Ms. Caldwell stated that she was approached by a friend to use the Common House for a small wedding. Ms. Caldwell stated we can offset the expenses of the Common House by renting it out for functions, will be for small gatherings only and will be governed by the Rocky Corner residents.

Commission members discussed and proceeded to deliberate. It was moved by Calhoun and seconded by Harrison that the Bethany Planning and Zoning Commission finds that the proposal by Rocky Corner to rent out the Common House to allow small gatherings to be acceptable and in accordance with the information that was gathered from the applicant (Brenda Caldwell).

Vote 5 to 0.

Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

Second matter for discussion is the clarification of the easement on the map with regard to final approval wording for Rocky Corner.

Brenda Caldwell distributed copies to Commission members of the wording on the clarification Rocky Corner is seeking, map of lots with agricultural easements, and a copy of approval for Rocky Corner dated June 11, 2014. Ms. Caldwell reviewed with Commission members and then Nancy Prior discussed further with Commission members.

Hiram Peck, Planning Consultant, explained further and Commission members deliberated.

It was moved by Calhoun and seconded by Hutchinson that the intent of the Bethany Planning and Zoning Commission to interpret the approval of the Rocky Corner Development, dated June 11, 2014, to include the following:

1) Agricultural structures will be allowed in the agricultural easement areas.

2) That water can be supplied to the agricultural structures for agricultural purposes.

3) The agricultural easement shall be shown on the easement map of the western portion of Lot #1, west of the stone wall.

4) None of these additional agricultural structures shall be used for residential purposes.

Vote 5 to 0.

Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

3. Clifford Drive (new road construction off Mesa Drive), Application #2019-008 submitted by James W. Woodward for a Special Exception Permit for rock crushing and screening –

The Commission formally received the application. No one was present to speak on behalf of this application.

Isabel Kearns, ZEO, recommended the Commission schedule a public hearing date. It was moved by Harrison and seconded by Shea to make a motion to schedule a public hearing date of July 10, 2019, at 7:15 p.m. for Application #2019-008 submitted by James W. Woodward for a Special Exception Permit for rock crushing and screening located at Clifford Drive.

Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

4. 114 N. Humiston Drive, Application 2019-009 submitted by Roberta Scott for a Home Occupation Permit for an online sales business of artwork -

The Commission formally received the application. Present to speak on behalf of this application was Roberta Scott, applicant and owner of record.

Isabel Kearns, ZEO, submitted a draft resolution. Commission members discussed and proceeded to deliberate.

It was moved by Harrison and seconded Shea to approve the following resolution for Application #2019-009:

Whereas, Roberta Scott applied to the Planning and Zoning Commission on June 5, 2019, for a Home Occupation Permit to operate an office for on-line commissions of art work sales in her home located at 114 North Humiston Drive;

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

1) Lynn Fox, Quinnipiack Valley Health Department Representative, signed off on the back of the application form on May 30, 2019, indicating her approval.

2) Rod White, Fire Marshal, signed off on the back of the application form on June 3, 2019, indicating his approval.

3) Jessica DeMar, Connecticut Water Company Representative, submitted a letter dated June 4, 2019, in which she states proper use, storage, and disposal of hazardous waste are must be followed.

Now Therefore Be It Resolved, that pursuant to Section 4.3.E.4.b. of the Town of Bethany Zoning Regulations, amended to December 1, 2017, the Bethany Planning and Zoning Commission approves the application of Roberta Scott for a Home Occupation Permit to operate an office for on-line commissions of art work in her in her home located at 114 North Humiston Drive, as outlined in the Statement of Use dated May 30, 2019.

Vote 5 to 0.

Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

OLD BUSINESS

1) 256 Amity Road, Application #2019-006 submitted by Thomas Capasso for a special Exception Permit for Outside Storage of landscaping trucks and trailers –

Hearing was closed this evening. Isabel Kearns, ZEO, submitted a draft resolution. Commission members discussed and proceeded to deliberate.

It was moved by Harrison and seconded by Shea to approve the following resolution for Application #2019-006:

Whereas, Thomas Capasso applied on May 1, 2019, to the Bethany Planning and Zoning Commission for a Special Exception Permit for Outside Storage of landscaping trucks and trailers located at 256 Amity Road;

Whereas, the Commission, at its regular meeting of June 5, 2019, considered the application information, statement of use, testimony and other pertinent information relating to a request for a Special Exception Permit for outside storage of landscaping trucks and trailers located at 256 Amity Road;

Now Therefore the Commission makes the following findings of fact:

1) Lynn Fox, Quinnipiack Valley Health District representative, signed off on the back of the application form indicating her approval on April 25, 2019. She stated that trucks can park on paved areas only.

2) Rod White, Fire Marshal, signed off on the back of the application on June 3, 2019, indicating his approval.

3) Ron Walters, South Central Connecticut Regional Water Authority representative, submitted a letter dated April 17, 2019, in which he offers the following comments: 1) If the trucks are parking on gravel or soil, the parking area should be inspected weekly for oil stains. Any stained soils should be removed and disposed of properly.

2) If fuel is to be stored on-site, it should be located within a secondary containment system to prevent leaks from entering the environment, sheltered from precipitation, and in a secured area. If refueling of vehicles is to take place, a dedicated refueling site should be established on a paved impervious surface. 3) All vehicle and equipment repair and maintenance should be conducted indoors on an impervious surface. There should be absolutely no discharges of motor vehicle fluids or detergent chemicals to the environment. 4) Power washing of equipment and vehicles should be prohibited unless the wash water is capable of being collected and removed by a licensed waste hauler according to Connecticut Department of Energy and Environmental Protection regulations. 5) In accordance with Section 19-13-B102(b) of the Connecticut Public Health Code, Regional Water Authority Watershed Inspectors are required to perform routine inspections of properties within public water supply watersheds and aquifers. RWA Inspectors should be granted access to this property during the annual inspection program.

Now Therefore Be It Resolved that pursuant to Section 5.3.H. of the Bethany Zoning Regulations, amended to December 1, 2017, the Bethany Planning and Zoning Commission approves the Special Exception Permit for Outside Storage of landscaping trucks and trailers located at 256 Amity Road in accordance with the submitted plan, untitled, prepared by the applicant, submitted on April 15, 2019;

And with the following conditions:

1) Six foot Green Giant Arborvitaes must be planted as shown on site plan.

2) All trucks should park on paved surfaces only.

3) Per the Regional Water Authority’s letter dated April 17, 2019: 1) If the trucks are parking on gravel or soil, the parking area should be inspected weekly for oil stains. Any stained soils should be removed and disposed of properly. 2) If fuel is to be stored on-site, it should be located within a secondary containment system to prevent leaks from entering the environment, sheltered from precipitation, and in a secured area. If refueling of vehicles is to take place, a dedicated refueling site should be established on a paved impervious surface. 3) All vehicle and equipment repair and maintenance should be conducted indoors on an impervious surface. There should be absolutely no discharges of motor vehicle fluids or detergent chemicals to the environment. 4) Power washing of equipment and vehicles should be prohibited unless the wash water is capable of being collected and removed by a licensed waste hauler according to CT DEEP regulations. 5) In accordance with Section 19-13-B102(b) of the Connecticut Public Health Code, Regional Water Authority Watershed Inspectors are required to perform routine inspections of properties within public water supply watersheds and aquifers. RWA Inspectors should be granted access to this property during the annual inspection program.

Hutchinson abstained.

Voting for: Brinton, Calhoun, Shea, Harrison,

Unanimous approval.

2) 667 Amity Road, CFC Park, Status Update –

Present for this update was Stephen Coxon, member from CFC.

Mr. Coxon commented on the following:

· The asbuilt from John Paul Garcia will be done by the end of June, 2019.

· Placed 12 signs for no parking and no one reads them. Hired parking attendant for large events.

· Landscaping is complete.

· Paving a small area for wheel chair access to fields. Mr. Peck mentioned needs to be shown on asbuilt.

· Would like to get some of landscaping bond back. Mr. Peck recommended CFC send a letter to PZC of what has been completed and they would like to get some money back from bond. Also, Mr. Peck mentioned cannot consider this until asbuilt has been submitted.

Hiram Peck, Planning Consultant, stated drainage calculations needed from John Paul Garcia. A letter was emailed to Isabel Kearns, ZEO, from John Paul Garcia, dated June 3, 2019, in regard to the drainage system located at 667 Amity Road, CFC Park.

Tabled.

3) Continue discussion regarding draft Zoning Regulations – Schedule a Special Meeting -

The Commission scheduled a Special Meeting for Wednesday, June 26, 2019, at 5:00 p.m. for the final draft zoning regulation meeting. Tabled.

ZONING ENFORCEMENT OFFICER’S REPORT –

Isabel Kearns, ZEO, submitted the following:

· Building Permits, dated May 1, 2019 to May 31, 2019.

· Site Inspections dated May 8, 2019, to May 26, 2019.

ADJOURNMENT

There being no further business to come before the Commission, it was moved by Calhoun and seconded by Shea to adjourn the regular meeting at 9:01 p.m.

Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

Respectfully submitted,

Antonia R. Marek, Clerk

for the Planning and Zoning Commission

BOARD OF FINANCE

SPECIAL MEETING

MAY 9, 2019

Page 1 of 2

DRAFT

Attendance: John Ford IV, Sharon Huxley, Katie Erickson, Sally Huyser

Visitors: First Selectwoman Gorski, Sheila Lane, Betsy Thornquist

John Ford, Temporary Chairman called the meeting to order at 7:12 p.m. The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.

EMERGENCY ROAD REPAIR

Alan Green has requested additional funding to do emergency road work before the end of the fiscal year, since there is not enough money left in the Major Road account to do this work. Discussion followed. It was determined that the request for $81,000 to do this work could be taken from the General Fund balance and approved at the upcoming Annual Town Meeting. Sharon Huxley moved to take $81,000 from the General Fund to do emergency road, with final approval made at the Annual Town Meeting. Sally Huyser seconded the motion. The vote taken was unanimous.

PAVING OF WHEEL CHAIR RAMP

At a previous meeting of the Board of Finance it had been determined that the $50,000 to repave the wheel chair ramp at the Town Hall would be a Capital Expenditure. Since the parking lot paving for the Town Hall and Community School are to be taken from the General Fund, then the wheel chair ramp since it is all part of the same location should be taken from the General Fund also. All Board members agreed with this concept, so the Capitol Reserve Fund requests were lowered by $50,000.

ACT ON A RESOLUTION RECOMMENDING AN APPROPRIATION FOR COSTS RELATED TO IMPROVEMENTS TO VARIOUS TOWN ROADS, AND RELATED WORK AND IMPROVEMENTS, AND FOR COSTS RELATED TO THE FINANCING OF THE PROJECT, AND RECOMMENDING THE AUTORIZATION OF BORROWINGS TO FINANCE THE APPROPRIATION.

First Selectwoman Gorski opened discussion regarding bond and appropriation costs related to improvement of roads. Since First Selectwoman Gorski had run for election on this platform she felt that the incoming administration should handle it, so for that reason she was not going to support bonding. Sally Huyser felt the same way as First Selectwoman Gorski did. Temporary Chairman John Ford IV called the motion. The motion was moved by Sharon Huxley and seconded by John Ford IV. The vote was called. There were (2) votes no that of Sally Huyser and Katie Erickson and two votes yes that of John Ford IV and Sharon Huxley.

ADJOURNMENT

Adjournment was called at 7:25 p.m, after a motion was moved by Sharon Huxley and seconded by Sally Huyser. The vote taken was unanimous.

Respectfully submitted,

June G. Riley

Clerk, Board of Finance

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Tuesday, June 18, 2019