Friday, July 19, 2019


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION SPECIAL MEETING OF WEDNESDAY, JULY
 
The special meeting of the Planning and Zoning Commission was called to order at  
7: 03 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, Chairman
            Bob Harrison, Vice-Chairman
            Donna Shea, Member/Secretary
            Rob White, Member
            Brad Buchta, Alternate Member, seated as a voting member
            Andy Zielinski, Alternate Member
 
The following Commission Members were excused:
            Alex Hutchinson, Member
            Judy Silva, Alternate Member
 
Also present were:
            Hiram Peck, Planning Consultant
            Isabel Kearns, Zoning Enforcement Officer
 
ELECTION OF OFFICERS
 
It was moved by Harrison and seconded by Buchta to accept and approve the nomination of Kimberly McClure Brinton as Chairman of the Planning and Zoning Commission for the term of July 2019 to June 2021.
Voting for:  Brinton, Harrison, Shea, Buchta, White.
Unanimous approval.
 
It was moved by Shea and seconded by Buchta to accept and approve the nomination of Bob Harrison as Vice-Chairman of the Planning and Zoning Commission for the term of July 2019 to June 2021.
Voting for:  Brinton, Harrison, Shea, Buchta, White.
Unanimous approval.
 
It was moved by Harrison and seconded by White to accept and approve the nomination of Donna Shea as Secretary of the Planning and Zoning Commission for the term of July 2019 to June 2021.
Voting for:  Brinton, Harrison, Shea, Buchta, White.
Unanimous approval.
 
It was moved by Harrison and seconded by Shea to accept and approve the nomination of Michael Calhoun as Representative to the South Central Regional Planning Commission for the term of July 2019 to June 2021.
Voting for:  Brinton, Harrison, Shea, Buchta, White.
Unanimous approval.
 
 
 
 
 
 
APPROVAL OF MINUTES              
    
1.      It was moved by Buchta and seconded by Harrison to approve the minutes, as amended, of the June 5, 2019, Regular Meeting as follows:
·         Page 7, Item #1 – Reads “Six foot Green Giant Arborvitaes must be planted as shown on site plan.” Change to “Landscaping including planting of six foot Green Giant Arborvitaes must be completed as show on site plan.”
Member White abstained.
Voting for:  Brinton, Shea, Harrison, Buchta.
Unanimous approval.
 
2.      It was moved by Buchta and seconded by Harrison to approve the minutes, as submitted, of the June 26, 2019, Special Meeting.
Member White abstained.
Voting for:  Brinton, Shea, Harrison, Buchta.
Unanimous approval.
 
3.      It was moved by Harrison and seconded by Shea to approve the minutes, as submitted, of the July 2, 2019, Special Meeting.
Voting for:  Brinton, Shea, Harrison, Buchta, White.
Unanimous approval.
 
 
BILLS
 
1.      It was moved by Harrison and seconded by Shea to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for June 2019, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for:  Brinton, Shea, Harrison, Buchta, White.
Unanimous approval.
 
2.      It was moved by Harrison and seconded by Shea to approve the payment of a bill for $125.00, dated for July 10, 2019; from Donna Cahill for recording services for the public hearing (Clifford Drive).
Voting for:  Brinton, Shea, Harrison, Buchta, White.
Unanimous approval.
 
 
GENERAL CORRESPONDENCE
 
1)      Letter from James W. Woodward to Board of Selectmen, dated May 11, 2019, Re:  Temporary Crushing Permit at Clifford Drive with attached letter from NOK Engineering, dated May 9, 2019, Re:  Recommendations on crushing of rock.
2)      Email from Isabel Kearns, ZEO, to Alan Shepard, P.E. at NOK, dated June 4, 2019, Re:  Screener for rock crushing located at Clifford Drive.
 
 
 
 
 
 
3)      Email from Dave Nafis, P.E., to Isabel Kearns, ZEO, dated June 11, 2019, Re:  Drainage at CFC Park, 667 Amity Road with attached letter from John Paul Garcia, P.E., to Isabel Kearns, ZEO, dated June 3, 2019, Re:  Drainage at 667 Amity Road, CFC Park.
 
 
PUBLIC HEARING
 
·         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
 
At 7:19 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 James W. Woodward, owner and applicant. 
 
Isabel Kearns, ZEO, asked Mr. Woodward if he notified the neighbors as stated in Section 8.3.B.3 of the Zoning Regulations.  Mr. Woodward did not notify the neighbors but will for the next public hearing date. 
 
Also, Mr. Woodward submitted an extension of time for 23 days to continue the public hearing to the next regular meeting on September 4, 2019.
 
At 7:26 p.m., it was moved by Harrison and seconded by Buchta to recess the public hearing and continue it to the next regular meeting scheduled for Wednesday, September 4, 2019, in the Commission Meeting Room of the Bethany Town Hall. 
Voting for:  Brinton, Shea, Harrison, Buchta, White.
Unanimous approval.                                                                                                                                                               
 
 
NEW BUSINESS
 
1.      Discussion with Lori Cavaliere regarding wedding venue located at 54 Cedar Road
Present for this discussion were Tom, Lori and Ashley Cavaliere.  Mr. Cavaliere stated he owns 54 Cedar Road (30 acres of farm) and 27 Virginia Rail Drive.  Also, Mr. Cavaliere stated his daughter is getting married next year and would like her wedding to be on the farm.  Mr. Cavaliere then stated that during discussion with family, it was suggested that we rent out the farm for weddings and Mr. Cavaliere asked for input from the Commission as to a wedding venue.  Mr. Cavaliere distributed a map showing the property locations and reviewed with the Commission.
 
 
 
 
 
Hiram Peck, Planning Consultant, stated this would be a Special Exception Permit and he suggested Mr. Cavaliere speak to neighbors regarding wedding venue to get there input regarding traffic and noise.
 
It was also mentioned that Mr. Cavaliere contact the Fire Marshal in regard to second access road for emergencies due to the amount of traffic.
 
Mr. Cavaliere will contact the Fire Marshal and speak to the neighbors on Cedar Road.
 
 
2.      CGS Section 8-24 Review for the proposed acquisition of property located at 327 Beacon Road, also known as the Simpson Preserve
 
The Commission received an email from Town Attorney Vincent Marino, dated July 9, 2019, that this item should be tabled because the contract is still being negotiated with the current owner of the Simpson Preserve.
 
It was moved by Buchta and seconded by Shea to table this item until the next regular meeting scheduled for Wednesday, September 4, 2019.  Tabled.
 
 
3.      43 and 51 Russell Road, Application #2019-010 submitted by Bill and Wendy Grieger for a Special Exception Permit for Outside Storage of Port-o-lets
 
The Commission formally received the application.  No one was present to speak on behalf of this application.
 
Isabel Kearns, ZEO, stated the applicant modified the application to add heavy equipment for snow plowing for outside storage.
 
Isabel Kearns, ZEO, recommended the Commission schedule a public hearing date.  It was moved by Harrison and seconded by Buchta to make a motion to schedule a public hearing date of September 4, 2019, at 7:15 p.m. for Application #2019-010 submitted by Bill and Wendy Grieger for a Special Exception Permit for Outside Storage of port-o-lets and heavy equipment for snow plowing located at 43 and 51 Russell Road.
Voting for:  Brinton, Shea, Harrison, Buchta, White.
Unanimous approval.
 
 
4.      To consider and act upon a resolution with respect to the referral of improvements to various Town roads, and related work and improvements, for a report pursuant to Section 8-24 of the General Statutes
 
The Commission received an email from Town Attorney Vincent Marino, dated July 9, 2019, requesting the Commission add the Section 8-24 for the 2019 Road Construction to the agenda to modify the previous approval on July 2, 2019, to remove the street names. 
 
 
 
 
 
 
It was moved by Buchta and seconded by Harrison to approve the following modification to the approval for the 2019 Road Reconstruction Project, which was approved on July 2, 2019:
 
RESOLVED, that the Planning and Zoning Commission of the Town of Bethany approves the following project pursuant to the provisions of Section 8-24 of the General Statutes of Connecticut:
 
Road improvements including, as needed, milling, paving, drainage, and reclamation on town roads, and related work and improvements, the scope and particulars of which are to be determined by the Board of Selectmen; 
  
provided that this resolution is for approval of conceptual plans only.  The project is subject to and shall comply with all applicable laws, regulations and permit approvals, and this resolution shall not be a determination that the project is in compliance with any such applicable laws, regulations or permit approvals. 
Voting for:  Brinton, Shea, Harrison, Buchta, White.
Unanimous approval.
 
 
OLD BUSINESS
 
1)      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 – Public hearing continued to September 4, 2019.  Tabled.
 
 
2)      Continue discussion regarding draft Zoning Regulations – Schedule a Special Meeting -
Hiram Peck, Planning Consultant, distributed a new appendix for the Zoning Regulations entitled, “Application Process Flow Chart Narrative” and discussed with Commission.  Also, Mr. Peck stated the Commission should schedule a public hearing regarding the draft regulations possibly in September.  Tabled.
 
 
ZONING ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, ZEO, submitted the following:
·         Building Permits, dated June 4, 2019 to June 26, 2019.
·         Site Inspections dated June 6, 2019, to June 24, 2019.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ADJOURNMENT
 
There being no further business to come before the Commission, it was moved by Harrison and seconded by Buchta to adjourn the special meeting at 8:15 p.m.
Voting for:  Brinton, Shea, Harrison, Buchta, White.
Unanimous approval.
 
 
Respectfully submitted,
 
 
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
 
10, 2019                Page 1 of 6