The following Commission Members
were present:
APPROVAL OF MINUTES
1.
It was moved by Harrison and seconded by Hutchinson to
approve the payment of $1,200.00 (monthly pro rata basis), for services
rendered for July 2019, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
1)
Four pages of Certificate of Mailing submitted by James
Woodward for Application #2019-008, Re:
Notification to property owners within 500 feet of the proposed activity
located at Clifford Drive.
2)
Letter from Attorney Dominick J. Thomas, Jr. of Derby,
Connecticut, dated August 23, 2019, Re:
Section 4.2 of the Bethany Zoning Regulations, determine interpretation.
3)
Email from Town Attorney Vincent Marino, dated
September 3, 2019, Re: 327 Beacon Road aka
Simpson Preserve, Table item, Town still negotiating with attached letter from
First Selectman Paula Cofrancesco, dated September 3, 2019, Re: Requesting Section 8-24 Review for 327 Beacon Road,
Simpson Preserve
4)
Letter from Isabel Kearns, ZEO, to Stephen Wampler of
54 Rainbow Road, dated August 27, 2019,
Re: Notice of Violation, illegal home
occupation business located at 54
Rainbow Road.
5)
Letter from Isabel Kearns, ZEO, to Arpan Patel, owner
of 241 Fairwood Road, dated July 18,
2019, Re: Notice of Violation, Discarded
debris located near the road located at 241 Fairwood Road.
6)
Letter from Isabel Kearns, ZEO, to Arpan Patel, owner
of 241 Fairwood Road, dated August 30, 2019, Re: 241 Fairwood Road, Debris has been discarded,
case closed.
PUBLICATIONS AND WORKSHOPS
1. Connecticut
Federation of Planning and Zoning Agencies, Quarterly Newsletter, Summer 2019.
·
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 7:17 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.
Present to speak on behalf of this application was Alan
Shepard, P.E. of Nowakowski- O’Bymachow- Kane, Associates, representing the
applicant, James W. Woodward.
Some items noted by Mr. Shepard
were:
o
This is a previously approved subdivision and we
knew there was a large amount of rock on the property.
o
The proposed project will be of minimum
disturbance.
o
The project should take approximately 2 weeks.
o
The hours of operation will be Monday through
Friday, 8:00 a.m. to 5:00 p.m. with no weekends.
During the course of the public hearing continuation, 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 – Four pages of Certificate of
Mailing submitted by James Woodward for Application #2019-008, Re: Notification to property owners within 500
feet of the proposed activity located at Clifford Drive.
Chair Brinton asked if there were any members of the public
who would like to speak in favor or in opposition of the application. No one from the public spoke.
Isabel Kearns, ZEO, stated she received a call today from
Todd Green of 64 Mesa Drive, who stated he wanted the project completed
quickly.
At 7:23 p.m., it was moved by Hutchinson and seconded by Harrison
to close the public hearing on the subject application.
Unanimous
approval.
PUBLIC
HEARING
·
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 and heavy
equipment for snow plowing.
At 7:24 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.
Present to speak on behalf of this application were Bill and
Wendy Grieger, applicants and owners of record.
Some items noted by the Grieger’s were:
o
Will be storing port-o-lets and plowing
equipment.
o
Port-o-lets are brand new and there is never any
liquid in them. Storing for a company
located in Bethany.
o
There is a natural buffer for screening and you
cannot see the port-o-lets from the road.
During the course of the public hearing 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 John Laudano,
Quinnipiack Valley Health District Representative, dated May 22, 2019, Re: Comments on review of 55 Russell Road,
Marinko property.
Chair Brinton asked if there were any members of the public
who would like to speak in favor of the application. No one from the public spoke.
Chair Brinton asked if there were any members of the public
who would like to speak in opposition of the application. The following public members spoke:
·
Robert Marinko of 55 Russell Road.
·
Gale Ventimiglia of 55 Russell Road.
·
Laurie Marinko of 21 Pole Hill Road.
Hiram Peck, Planning Consultant, stated that the screening
is important and that the Planning and Zoning Commission should schedule a site
visit.
Also, Mr. Peck suggested that the local business, that the
Grieger’s are storing the port-o-lets for, submit a letter for the record of
how they are operating their business.
It was moved by Harrison and
seconded by Shea that the Commission schedule a special meeting/site visit for
Wednesday, September 18, 2019, at 6:00 p.m.
Commission members to meet at the subject site.
At 8:03 p.m., it was moved by
Harrison and seconded by Shea to continue the public hearing on the subject
application to the next regular meeting scheduled for Wednesday, October 2,
2019, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40
Peck Road.
Unanimous
approval.
NEW BUSINESS
1.
Discussion
with Attorney Dominick Thomas and Attorney Barbara Schellenberg regarding
interpretation of Section 4.2 of the Zoning Regulations –
Present for this discussion were Attorney Dominick Thomas
and Attorney Barbara Schellenberg.
Attorney Thomas submitted a letter to the Planning and
Zoning Commission, dated August 23. 2019, in regard to the
interpretation of Section 4.2 of the Bethany Zoning Regulations – Outside
Storage. Attorney Thomas reviewed his
letter with the Commission.
Attorney Schellenberg then discussed Section 4.2 of the
Bethany Zoning Regulations – Outside Storage and suggested the Commission
decide whether it wants a more strict regulation.
Chairman Brinton stated the Commission needs to review
Section 4.2 when revising the Zoning Regulations.
1)
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 September 3, 2019, Re: 327 Beacon Road aka Simpson Preserve, Table
item, Town still negotiating with attached letter from First Selectman Paula
Cofrancesco, dated September 3, 2019, Re:
Requesting Section 8-24 Review for 327 Beacon Road, Simpson Preserve
It was moved by Harrison and seconded by Shea to table this
item until the next regular meeting scheduled for Wednesday, October 2,
2019. Tabled.
2)
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 –
Isabel Kearns, ZEO, prepared 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 #2019-008:
Whereas, James Woodward
applied on June 5, 2019, to the Bethany Planning and Zoning Commission for a Special
Exception Permit for rock crushing and screening located at Clifford Drive off
Mesa Drive;
Whereas, the
Commission held a public hearing on July 10, 2019, on this application
(#2019-008);
Whereas, the
Commission closed the public hearing at the conclusion of testimony on
September 4, 2019;
Whereas, the
Commission, at its regular meeting of September 4, 2019, considered the plans,
testimony and other pertinent application information associated with this rock
crushing and screening operation located at Clifford Estates off Mesa Drive;
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 June 28, 2019, and stated no
deviation from location on April 22, 2019, Nowakowski- O’Bymachow- Kane,
Associates plan.
2)
Rod White, Fire Marshal, signed off on the back of the
application form on June 3, 2019,
indicating his approval.
3)
The Commission received a letter from Alan Shepard,
P.E. to Mr. James Woodward dated May 9, 2019, in which he states, 1) We
recommend the crushing of the rock on site to generate the gravel material that
will be used for the road and drainage pipe back-fill material required for the
road construction. 2) It is estimated
that 4,000 yards of material will be needed.
Crushing and keeping the native material, to be used, on site will
reduce the overall amount of truck traffic.
Removal of the boulder rock and delivery of the required roadbed
material will require more truck traffic.
4)
The property is not located in a public water supply
watershed area.
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 for rock crushing and screening located at
Clifford Drive off Mesa Drive, as presented in the application and in
association with the testimony given, and in accordance with the submitted plan
entitled, “Proposed Temporary Crusher Location”, dated April 22, 2019, revised
to May 29, 2019, prepared the Nowakowski-O’Bymachow-Kane, Associates, Shelton,
Connecticut:
And with the following conditions:
1)
A water truck shall be on site at all times and shall
be used frequently.
2)
Rock crushing and screening shall be limited to four
weeks from start.
Vote 5 to 0.
Voting for: Brinton, Shea, Harrison, Hutchinson, White.
Unanimous
Approval.
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 public hearing is continued to the next regular meeting
on Wednesday, October 2, 2019. Tabled.
4)
Continue
discussion regarding draft Zoning Regulations – Schedule a Special Meeting
-
Hiram Peck, Planning Consultant, emailed the Final Draft
dated August 2019. Mr. Peck recommended
Commission members review and he can make any changes for next meeting on
October 2, 2019. Tabled.
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, submitted the following:
·
Building
Permits, dated August 6, 2019 to August 30, 2019.
ADJOURNMENT
Voting for: Brinton, Shea, Harrison, Hutchinson, White.
Unanimous approval.
for the Planning and Zoning
Commission
