Wednesday, June 24, 2009

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, JUNE 3, 2009 Page 1 of 7



The regular meeting of the Planning and Zoning Commission was called to order at 7:34 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Commission members were present:
Sharon Huxley, Chairman
Mary Shurtleff, Member
Marc Adelberg, Alternate Member, seated as a Member.
Nelly Rabinowitz, Alternate Member, seated as a Member.
Donald Shea Jr., Alternate Member, seated as a Member.

The following Commission members were excused:
Melissa Spear, Vice-Chairman
John Ford, Member
Patricia Winer, Member

Also present were:
Isabel Kearns, Zoning Enforcement Officer
Hiram Peck, Planning Consultant


APPROVAL OF MINUTES

1. It was moved by Shurtleff and seconded by Shea to table the minutes until the next regular meeting of July 1, 2009, so the Clerk can review the record for a discrepancy.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Isabel Kearns, ZEO, dated May 11, 2009, Second Review of Resubdivision of Woodlot Farm (523 Carrington Road).
2. Submitted by John Paul Garcia, three pages of easement language for 523 Carrington Road, proposed resubdivision.
3. Email from David Nafis of Nafis & Young Engineers, Inc., dated May 28, 2009, Re: Review of revised plans dated April 29, 2009, for 523 Carrington Road, 3-Lot Resubdivision.
4. Letter from SCC Regional Water Authority, dated May 11, 2009, Re: Review of application for 80 Litchfield Turnpike, indoor riding facility.
5. Narrative from the Hartmann Family pertaining to the proposed commercial stable located at 80 Litchfield Turnpike.
6. Email from C. Gaudino of CT Water Company, dated May 26, 2009, Re: Review of application for mobile dog grooming services at 22 Tollgate Road.
7. Letter from Sal Pontillo, submitted June 1, 2009, Re: Description of services for mobile dog grooming, 22 Tollgate Road.



8. Letter from SCC Regional Water Authority, dated May 11, 2009, Review of application for 562 Amity Road, Home Office. (approved on May 6, 2009)
9. Letter from Nafis & Young Consulting Engineers, to Chairman Beacon Falls PZC, dated March 12, 2009, Re: Review of Zoning Text Amendments for Town of Beacon Falls. Chairman Huxley would like the ZEO to investigate the intentions of this letter due to the fact it does not meet the notification requirements to the Town of Bethany.


PUBLICATIONS AND WORKSHOPS

1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2009.


BILLS

1. It was moved by Shurtleff and seconded by Shea to approve the payment of $1,000.00 (monthly pro rata basis) for services rendered for May 2009, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.

2. It was moved by Shurtleff and seconded by Adelberg to approve the payment of $95.00 to Anne Sohon (court stenographer) for recording services at the meeting of May 6, 2009 (523 Carrington Road, 845 Carrington Road).
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT

Isabel Kearns, ZEO, stated that the “Ordinance Establishing Citation Procedures and Fines for Zoning Violations” is going to a Town Meeting in the next few months.


PUBLIC HEARINGS

· 523 Carrington Road (Woodlot Farm), Application #2009-001 for a Special Exception Permit for one rear lot and Application #2009-002 for a Three-Lot Resubdivision with waiver requests for open space and fire protection submitted by John Paul Garcia

At 8:00 p.m., Chairman Huxley called to order the continuation of the public hearing on Applications #2009-001 and #2009-002. The public hearing commenced on April 1, 2009 and was continued to May 6, 2009.





Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 3A – Letter from Isabel Kearns, ZEO, dated May 11, 2009, Second Review of Resubdivision of Woodlot Farm (523 Carrington Road).
Exhibit 3B – Submitted by John Paul Garcia, three pages of proposed wording for easements for 523 Carrington Road, proposed resubdivision.
Exhibit 3C – Email from David Nafis of Nafis & Young Engineers, Inc., dated May 28, 2009, Re: Review of revised plans dated April 29, 2009, for 523 Carrington Road, 3-Lot Resubdivision.
Exhibit 3D – Letter from SCC Regional Water Authority dated June 3, 2009, Re: Review of revised plans dated April 29, 2009, for 523 Carrington Road.
Exhibit 3E – Submitted by Ken Martin, a letter from the Conservation Commission with seven pages of attachments, dated June 3, 2009, Re: Comments from review of easement language and discussions with the applicant.
Exhibit 3F – Submitted by John Paul Garcia, letter of consent for an extension of 35 days to continue the public hearing on the said application, dated June 3, 2009.

Isabel Kearns, ZEO, stated that the Inland Wetlands Commission has not acted on Inland Wetlands Application #1119 for 523 Carrington Road.

Present for this application was Mr. John Paul Garcia, P.E./L.S., who is the applicant. Mr. Garcia discussed the letter from the Regional Water Authority (Exhibit 3D) and discussed the recommendations of the Conservation Commission.

Ken Martin, Chairman of the Conservation Commission, handed out a packet to the Commission Members (Exhibit 3E) and discussed the information with the Commission. Mr. Martin stated the Conservation Commission was not aware of the RWA request (Exhibit 3D) and Mr. Martin needs to discuss this further with the Conservation Commission.

Chairman Huxley stated she had a conversation with the Town Attorney pertaining to the language for the bonding for all public improvements for the subdivision and she will forward this information to Mr. Garcia.

Chairman Huxley then asked if there were any comments from the public. There were no comments.

Mr. Garcia submitted an extension of 35 days to continue the public hearing (Exhibit 3F).

At 8:32 p.m., Chairman Huxley recessed the public hearing on the subject application until the next regular meeting scheduled for July 1, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.





· 80 Litchfield Turnpike (Double H Farm), Application #2009-012 for a Special Exception Permit to operate a boarding stable and training facility

At 8:33 p.m., Chairman Huxley called to order the public hearing on Application #2009-012. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.

Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Letter from SCC Regional Water Authority, dated May 11, 2009, Re: Review of application for 80 Litchfield Turnpike, indoor riding facility.
Exhibit 1B – Narrative from the Hartmann Family pertaining to the proposed commercial stable located at 80 Litchfield Turnpike.
Exhibit 1C – Email from Melissa Spear, Planning and Zoning Commission Member, dated June 3, 2009, Re: Concerned about late hours of operation and lighting for the proposed commercial boarding/riding stable, 80 Litchfield Turnpike.
Exhibit 1D – Letter from Attorney Peter Cooper, representing Ms. Nancy Lewis of 76 Litchfield Turnpike, Re: Requesting the Planning and Zoning Commission deny the Application #2009-012, 80 Litchfield Turnpike.

Present for this application was Jason Hartmann, applicant, representing himself and his family. Mr. Hartmann briefly reviewed the proposed activity and stated there would be no employees living on the property and there will be no changes made to the current property.

Some Commission Members had a question or concern pertaining to the following:
· How many horses total on the property are you asking for? (Mr. Hartmann replied 12.)
· Will there be any additional lighting? (Mr. Hartmann replied no.)
· Will you be storing trailers on the property? (Mr. Hartmann replied only his personal trailers.)
· Are you asking for a sign? (Mr. Hartman replied not at this time.)

Chairman Huxley then asked if there were any comments from the public. The following people commented:

a) Attorney Peter Cooper, representing Ms. Nancy Lewis of 76 Litchfield Turnpike – Attorney Cooper submitted a letter (Exhibit 1D) and reviewed this letter with the Commission. Attorney Cooper expressed Ms. Lewis’s concerns about the vehicle lights from cars visiting the property, the uncontrolled number of boarders, parking issues, and dust and runoff from the dirt paddock area.

Chairman Huxley asked Isabel Kearns, ZEO, to research the parking standards to determine if the subject property would be able to accommodate the parking.




Chairman Huxley asked Mr. Hartmann if he would be willing to look at screening on the south side of the property to block vehicle lights from Ms. Lewis’s property. Mr. Hartmann stated he is willing to place screening in that area.

At 9:24 p.m., Chairman Huxley recessed the public hearing on the subject application until the next regular meeting scheduled for July 1, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.


NEW BUSINESS

1. 22 Tollgate Road, Application #2009-013 submitted by Sal Pontillo for a Home Occupation Permit to operate an office for a mobile dog grooming service – Present for this application was Sal Pontillo, applicant and owner of record. The Commission received the application. Isabel Kearns, ZEO, stated that the QVHD would not sign off until the DEP approval because the applicant is dumping grey water at State of Connecticut dumping stations (see letter from applicant submitted June 1, 2009). The Commission discussed and proceeded to deliberate. It was moved by Shea and seconded by Adelberg to authorize Isabel Kearns, ZEO, to issue a Home Occupation Permit for Application #2009-013 submitted by Sal Pontillo to operate an office for a mobile dog grooming service upon approval from the State of Connecticut Department of Environmental Protection and Quinnipiack Valley Health District and with the condition there will be no disposal of water on the site, which is 22 Tollgate Road.
Unanimous approval.

2. 369 Bethmour Road, Application #2009-014 submitted by Margaret Duke for a Home Occupation Permit to operate a recording studio – No one was present for this application. The Commission received the application. Isabel Kearns, ZEO, will contact the applicant to inform Ms. Duke she needs to be present at the next regular meeting, July 1, 2009, to answer questions from the Commission concerning this application. Tabled.

3. 19 Mesa Drive, Application #2009-015 submitted by Yucheng Zhan for a Home Occupation Permit to operate an office for Information Technology Services & Consulting, Internet Marketing & Sales, Investment Consulting – No one was present for this application. The Commission received the application. Commission members discussed and proceeded to deliberate. It was moved by Shurtleff and seconded by Shea to approve the following resolution for Application #2009-015:

Whereas, Yucheng Zhan owner of 19 Mesa Drive, applied to the Planning and Zoning Commission for a home occupation permit to operate a home office for computer services and consulting;





Whereas, the Commission at its regular meeting of June 3, 2009, 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 28, 2009, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on May 28, 2009, approving the application.

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4(b) of the Town of Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves the application of Yucheng Zhan to operate an office for computer service and consulting in his home as outlined in the Statement of Use and upon confirmation that no inventory will be kept at the premises at 19 Mesa Drive.
Unanimous approval.


OLD BUSINESS

1. 523 Carrington Road, Application #2009-001 submitted by John Paul Garcia for a Special Exception Permit for one rear lot – Hearing continued to July 1, 2009. Tabled.

2. 523 Carrington Road, Application #2009-002 submitted by John Paul Garcia for a Three-Lot Resubdivision with waiver requests for the provision of open space and a water source for fire protection – Hearing continued to July 1, 2009. Tabled.

3. 80 Litchfield Turnpike, Application #2009-012 submitted by Jas R. Hartmann (Double H Farm) for a Special Exception Permit to operate a boarding stable and riding lessons – Hearing continued to July 1, 2009. Tabled.

4. Bethany Volunteer Fire Department revised Water Source Specifications – The ZEO will contact Mike Katzmark, Representative for the BVFD. Tabled.

5. Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Mr. Peck will gather more information on windmills and work with the Clean Energy Task Force. Tabled.

6. Town Plan Revision – Discussion and possible action – Hiram Peck, Planning Consultant, Tabled.

7. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.



8. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.

9. Proposed Ordinance Establishing Citation Procedures and Fines for Zoning Violations – Isabel Kearns, ZEO, stated that the proposed ordinance is scheduled to go to a Town Meeting. Tabled.

10. Update on Halter Estates – Tabled.



It was moved by Shurtleff and seconded by Shea to adjourn the regular meeting at 9:30 p.m.
Unanimous approval.

Respectfully submitted,



Antonia Marek, Clerk
For the Planning and Zoning Commission
INLAND WETLANDS COMMISSION
TOWN OF BETHANY
JUNE 6, 2008


A special meeting of the Inland Wetlands Commission for the Town of Bethany was held on Saturday, June 6, 2009, in the Selectmen’s Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

ROLL CALL

PRESENT: Alexandra Breslin and Patricia McGregor Co-Chairman

ALTERNATES: Kristine Sullivan

EXCUSED: Jon Painter

ABSENT: John Kane and John Ellison


Co-Chairman Breslin called the Special Meeting of the Commission to order at 11:45 a.m.

The purpose of the special meeting was to receive and take appropriate action regarding:

Lenard Engineering, Inc, Replace of Well Line Connection, Bethany Mobile Home Park, 1070 Amity Road, Application # 1127

The Commission formally received an application submitted by Lenard Engineering, Inc., for the installation of two new 1 1’2” PE tubing for existing wells, and new 1” PVC electrical conduit to be buried 4.5’ deep with the wetland buffer setback, and installation of a new vertical potable water storage tank outside of the wetland buffer setback area, which have been required by the State Department of Public Health.

No one was present to speak on behalf of the application.

After discussion and review of the submitted application materials, it was the consensus of the Commission members to allow work as outlined in the letter to IWC Enforcement Agent Isabel Kearns, dated June 5, 2009, subject to:
· Submission of documentation that the work has been required by the State Department of Public Health to be done immediately.
· The requirement that the sediment and erosion controls measures be installed and inspected by the Commission’s Enforcement Agent prior to any other work commencing on the project.
· Formal action on the application shall be taken by the Commission at its next regularly scheduled meeting on Monday, June 22, 2009.



Failure to submit documentation that the work has been required by the State Dept. of Public Health to be done immediately shall negate this emergency action by the Commission to allow work to proceed prior to formal action on the application being taken by the Commission at it’s next regular meeting on Monday, June 22, 2009.

The meeting was adjourned by consensus at 12:00 p.m.

Respectfully submitted,


Kristine Sullivan,
Acting Recording Secretary
June 12, 2009



NOTICE OF A CONTINUATION OF A PUBLIC HEARING BY THE BETHANY ZONING BOARD OF APPEALS AT A SPECIAL MEETING ON MONDAY, JUNE 29, 2009

Notice is hereby given of a public hearing continuation to be held by the Bethany Zoning Board of Appeals on Monday, June 29, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, pertaining to the following application:

a) Application submitted by Elizabeth Doering for property located at 184 Sperry Road for a .02 acre variance of the required 3 acre lot size to allow 2.98 acres to have a structure that exceeds 1,000 sq. ft. and for a 40.1’variance to allow a 59.9’ setback where a 100’ setback is required for the installation and construction of a barn.

The hearing commenced on Monday, June 8, 2009.

Respectfully submitted,


Antonia R. Marek, Clerk
For the Zoning Board of Appeals
The regular meeting of the Zoning Board of Appeals was called to order at 8:06 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Board members were present:
Carol Goldberg, Chair
Arnold Sabatelli, Vice-Chair
Steven Massey, Member
Ruth Beardsley, Alternate Member, seated as a regular Member
James Foley, Alternate Member, seated as a regular Member

The following Board members were absent:
David Forman, Member
Brian Sackett, Alternate Member

Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Land Use Assistant


Chair Goldberg took a moment to honor Board Member Rudy Beckert, who recently passed away. Also, Chair Goldberg thanked Board Members Arnold Sabatelli, Jim Foley and Dave Forman, whose term expires on July 1, 2009, for their dedication and service to the Town by being on the Zoning Board of Appeals.


MINUTES

It was moved by Beardsley and seconded by Massey to approve, as submitted, the minutes of the March 9, 2009, regular meeting.
Unanimous approval.


BILLS

1. It was moved by Beardsley and seconded by Sabatelli to approve the payment of a bill for $95.00, dated June 8, 2009, from Anne Sohon (Court Stenographer) for recording services for public hearing (184 Sperry Road).
Unanimous approval.


CORRESPONDENCE

1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2009.







PUBLIC HEARING – 184 SPERRY ROAD

Chair Goldberg opened the public hearing at 8:11 p.m.

Chair Goldberg read the legal notice for the public hearing for the application submitted by Elizabeth Doering for a .02 acre variance of the required 3 acre lot size to allow 2.98 acres to have a structure that exceeds 1,000 square feet and for a 40.1 foot variance to allow a 59.9 foot setback where a 100 foot setback is required for the installation and construction of a barn..

Present for the public hearing representing the applicant and owner of record was Mr. John Paul Garcia, P.E./L.S. and the owner of record, Elizabeth Doering.

Chair Goldberg stated that the Zoning Regulations state that certified notification is required to the surrounding property owners within 100 feet of the application and the public hearing and that the applicant needs to provide evidence at the time of the public hearing by submitted the green return receipt cards. Mr. Garcia submitted letters from the neighbors (Exhibit 1B, 1C and 1D). Chair Goldberg stated the Board can hear evidence tonight from Mr. Garcia and then continue the public hearing to Monday, May 29, 2009, so that notification can be made. It was the consensus of the Board to go forward with the public hearing.

Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.

Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1A – Google Map of the subject property submitted by John Paul Garcia.
b) Exhibit 1B – Letter from Yvette Pieck and Paul Mingrino of 190 Sperry Road, dated June 5, 2009, Re: In favor of indoor arena at 184 Sperry Road.
c) Exhibit 1C- Letter from William and Kimberly McClure Brinton of 168 Sperry Road, dated June 7, 2009, Re: No objections to proposed barn at 184 Sperry Road, which will be 100 feet from our property line.
d) Exhibit 1D – Emails between Liz Doering and Ray and Sue Horn of River’s Edge Farm, 91 Bethway Road, last dated June 5, 2009, Re: Possible sales transaction between River’s Edge Farm and Liz Doering.
e) Exhibit 1E – Letter from SCC Regional Water Authority, dated June 4, 2009, Re: Review comments for application for ZBA, 184 Sperry Road.
f) Exhibit 1F – Submitted by John Paul Garcia, map entitled, “Proposed Site Plan, Lot No. 5, Sperry Road”, dated May 21, 2009, revised to June 8, 2009, added lot coverage.

The following Board Members stated for the record that they visited the site: Goldberg, Massey, Sabatelli, Beardsley and Foley.

Some comments or questions from the Board Members are as follows:
Can the barn be moved closer to the house? (Mr. Garcia stated yes but will be too close to house.)
What is the reason for not making the barn smaller? (Mr. Garcia stated smaller would not be practical for a riding stable.)
Property not suited for more than three horses.



Isabel Kearns, Zoning Enforcement Officer, stated the Board cannot consider this a topographical hardship and that the applicant is referring to this application as a barn when it is an indoor riding arena.

Elizabeth Doering, owner of record, stated she would like to ride her horses all year long and not be intrusive to the neighbors.

Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were none.

Chair Golderg asked if there were any public members who would like to speak in opposition of this application. There were no comments.

At 9:29 p.m., Chair Goldberg recessed the public hearing on the subject application and continued it to a Special Meeting on Monday, June 29, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall.


ADJOURNMENT

It was moved by Beardsley and seconded by Massey to adjourn the regular meeting at 9:30 p.m.
Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
For the Zoning Board of Appeals
MINUTES OF THE BETHANY ZONING BOARD OF APPEALS
REGULAR MEETING OF MONDAY, JUNE 8, 2009 Page 1 of 3

The regular meeting of the Zoning Board of Appeals was called to order at 8:06 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Board members were present:
Carol Goldberg, Chair
Arnold Sabatelli, Vice-Chair
Steven Massey, Member
Ruth Beardsley, Alternate Member, seated as a regular Member
James Foley, Alternate Member, seated as a regular Member

The following Board members were absent:
David Forman, Member
Brian Sackett, Alternate Member

Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Land Use Assistant


Chair Goldberg took a moment to honor Board Member Rudy Beckert, who recently passed away. Also, Chair Goldberg thanked Board Members Arnold Sabatelli, Jim Foley and Dave Forman, whose term expires on July 1, 2009, for their dedication and service to the Town by being on the Zoning Board of Appeals.


MINUTES

It was moved by Beardsley and seconded by Massey to approve, as submitted, the minutes of the March 9, 2009, regular meeting.
Unanimous approval.


BILLS

1. It was moved by Beardsley and seconded by Sabatelli to approve the payment of a bill for $95.00, dated June 8, 2009, from Anne Sohon (Court Stenographer) for recording services for public hearing (184 Sperry Road).
Unanimous approval.


CORRESPONDENCE

1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2009.







PUBLIC HEARING – 184 SPERRY ROAD

Chair Goldberg opened the public hearing at 8:11 p.m.

Chair Goldberg read the legal notice for the public hearing for the application submitted by Elizabeth Doering for a .02 acre variance of the required 3 acre lot size to allow 2.98 acres to have a structure that exceeds 1,000 square feet and for a 40.1 foot variance to allow a 59.9 foot setback where a 100 foot setback is required for the installation and construction of a barn..

Present for the public hearing representing the applicant and owner of record was Mr. John Paul Garcia, P.E./L.S. and the owner of record, Elizabeth Doering.

Chair Goldberg stated that the Zoning Regulations state that certified notification is required to the surrounding property owners within 100 feet of the application and the public hearing and that the applicant needs to provide evidence at the time of the public hearing by submitted the green return receipt cards. Mr. Garcia submitted letters from the neighbors (Exhibit 1B, 1C and 1D). Chair Goldberg stated the Board can hear evidence tonight from Mr. Garcia and then continue the public hearing to Monday, May 29, 2009, so that notification can be made. It was the consensus of the Board to go forward with the public hearing.

Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.

Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1A – Google Map of the subject property submitted by John Paul Garcia.
b) Exhibit 1B – Letter from Yvette Pieck and Paul Mingrino of 190 Sperry Road, dated June 5, 2009, Re: In favor of indoor arena at 184 Sperry Road.
c) Exhibit 1C- Letter from William and Kimberly McClure Brinton of 168 Sperry Road, dated June 7, 2009, Re: No objections to proposed barn at 184 Sperry Road, which will be 100 feet from our property line.
d) Exhibit 1D – Emails between Liz Doering and Ray and Sue Horn of River’s Edge Farm, 91 Bethway Road, last dated June 5, 2009, Re: Possible sales transaction between River’s Edge Farm and Liz Doering.
e) Exhibit 1E – Letter from SCC Regional Water Authority, dated June 4, 2009, Re: Review comments for application for ZBA, 184 Sperry Road.
f) Exhibit 1F – Submitted by John Paul Garcia, map entitled, “Proposed Site Plan, Lot No. 5, Sperry Road”, dated May 21, 2009, revised to June 8, 2009, added lot coverage.

The following Board Members stated for the record that they visited the site: Goldberg, Massey, Sabatelli, Beardsley and Foley.

Some comments or questions from the Board Members are as follows:
Can the barn be moved closer to the house? (Mr. Garcia stated yes but will be too close to house.)
What is the reason for not making the barn smaller? (Mr. Garcia stated smaller would not be practical for a riding stable.)
Property not suited for more than three horses.



Isabel Kearns, Zoning Enforcement Officer, stated the Board cannot consider this a topographical hardship and that the applicant is referring to this application as a barn when it is an indoor riding arena.

Elizabeth Doering, owner of record, stated she would like to ride her horses all year long and not be intrusive to the neighbors.

Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were none.

Chair Golderg asked if there were any public members who would like to speak in opposition of this application. There were no comments.

At 9:29 p.m., Chair Goldberg recessed the public hearing on the subject application and continued it to a Special Meeting on Monday, June 29, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall.


ADJOURNMENT

It was moved by Beardsley and seconded by Massey to adjourn the regular meeting at 9:30 p.m.
Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
For the Zoning Board of Appeals

Friday, June 12, 2009

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, JUNE 3, 2009

The regular meeting of the Planning and Zoning Commission was called to order at 7:34 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Commission members were present:
Sharon Huxley, Chairman
Mary Shurtleff, Member
Marc Adelberg, Alternate Member, seated as a Member.
Nelly Rabinowitz, Alternate Member, seated as a Member.
Donald Shea Jr., Alternate Member, seated as a Member.

The following Commission members were excused:
Melissa Spear, Vice-Chairman
John Ford, Member
Patricia Winer, Member

Also present were:
Isabel Kearns, Zoning Enforcement Officer
Hiram Peck, Planning Consultant


APPROVAL OF MINUTES

1. It was moved by Shurtleff and seconded by Shea to table the minutes until the next regular meeting of July 1, 2009, so the Clerk can review the record for a discrepancy.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Isabel Kearns, ZEO, dated May 11, 2009, Second Review of Resubdivision of Woodlot Farm (523 Carrington Road).
2. Submitted by John Paul Garcia, three pages of easement language for 523 Carrington Road, proposed resubdivision.
3. Email from David Nafis of Nafis & Young Engineers, Inc., dated May 28, 2009, Re: Review of revised plans dated April 29, 2009, for 523 Carrington Road, 3-Lot Resubdivision.
4. Letter from SCC Regional Water Authority, dated May 11, 2009, Re: Review of application for 80 Litchfield Turnpike, indoor riding facility.
5. Narrative from the Hartmann Family pertaining to the proposed commercial stable located at 80 Litchfield Turnpike.
6. Email from C. Gaudino of CT Water Company, dated May 26, 2009, Re: Review of application for mobile dog grooming services at 22 Tollgate Road.
7. Letter from Sal Pontillo, submitted June 1, 2009, Re: Description of services for mobile dog grooming, 22 Tollgate Road.



8. Letter from SCC Regional Water Authority, dated May 11, 2009, Review of application for 562 Amity Road, Home Office. (approved on May 6, 2009)
9. Letter from Nafis & Young Consulting Engineers, to Chairman Beacon Falls PZC, dated March 12, 2009, Re: Review of Zoning Text Amendments for Town of Beacon Falls. Chairman Huxley would like the ZEO to investigate the intentions of this letter due to the fact it does not meet the notification requirements to the Town of Bethany.


PUBLICATIONS AND WORKSHOPS

1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2009.


BILLS

1. It was moved by Shurtleff and seconded by Shea to approve the payment of $1,000.00 (monthly pro rata basis) for services rendered for May 2009, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.

2. It was moved by Shurtleff and seconded by Adelberg to approve the payment of $95.00 to Anne Sohon (court stenographer) for recording services at the meeting of May 6, 2009 (523 Carrington Road, 845 Carrington Road).
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT

Isabel Kearns, ZEO, stated that the “Ordinance Establishing Citation Procedures and Fines for Zoning Violations” is going to a Town Meeting in the next few months.


PUBLIC HEARINGS

· 523 Carrington Road (Woodlot Farm), Application #2009-001 for a Special Exception Permit for one rear lot and Application #2009-002 for a Three-Lot Resubdivision with waiver requests for open space and fire protection submitted by John Paul Garcia

At 8:00 p.m., Chairman Huxley called to order the continuation of the public hearing on Applications #2009-001 and #2009-002. The public hearing commenced on April 1, 2009 and was continued to May 6, 2009.





Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 3A – Letter from Isabel Kearns, ZEO, dated May 11, 2009, Second Review of Resubdivision of Woodlot Farm (523 Carrington Road).
Exhibit 3B – Submitted by John Paul Garcia, three pages of proposed wording for easements for 523 Carrington Road, proposed resubdivision.
Exhibit 3C – Email from David Nafis of Nafis & Young Engineers, Inc., dated May 28, 2009, Re: Review of revised plans dated April 29, 2009, for 523 Carrington Road, 3-Lot Resubdivision.
Exhibit 3D – Letter from SCC Regional Water Authority dated June 3, 2009, Re: Review of revised plans dated April 29, 2009, for 523 Carrington Road.
Exhibit 3E – Submitted by Ken Martin, a letter from the Conservation Commission with seven pages of attachments, dated June 3, 2009, Re: Comments from review of easement language and discussions with the applicant.
Exhibit 3F – Submitted by John Paul Garcia, letter of consent for an extension of 35 days to continue the public hearing on the said application, dated June 3, 2009.

Isabel Kearns, ZEO, stated that the Inland Wetlands Commission has not acted on Inland Wetlands Application #1119 for 523 Carrington Road.

Present for this application was Mr. John Paul Garcia, P.E./L.S., who is the applicant. Mr. Garcia discussed the letter from the Regional Water Authority (Exhibit 3D) and discussed the recommendations of the Conservation Commission.

Ken Martin, Chairman of the Conservation Commission, handed out a packet to the Commission Members (Exhibit 3E) and discussed the information with the Commission. Mr. Martin stated the Conservation Commission was not aware of the RWA request (Exhibit 3D) and Mr. Martin needs to discuss this further with the Conservation Commission.

Chairman Huxley stated she had a conversation with the Town Attorney pertaining to the language for the bonding for all public improvements for the subdivision and she will forward this information to Mr. Garcia.

Chairman Huxley then asked if there were any comments from the public. There were no comments.

Mr. Garcia submitted an extension of 35 days to continue the public hearing (Exhibit 3F).

At 8:32 p.m., Chairman Huxley recessed the public hearing on the subject application until the next regular meeting scheduled for July 1, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.





· 80 Litchfield Turnpike (Double H Farm), Application #2009-012 for a Special Exception Permit to operate a boarding stable and training facility

At 8:33 p.m., Chairman Huxley called to order the public hearing on Application #2009-012. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.

Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Letter from SCC Regional Water Authority, dated May 11, 2009, Re: Review of application for 80 Litchfield Turnpike, indoor riding facility.
Exhibit 1B – Narrative from the Hartmann Family pertaining to the proposed commercial stable located at 80 Litchfield Turnpike.
Exhibit 1C – Email from Melissa Spear, Planning and Zoning Commission Member, dated June 3, 2009, Re: Concerned about late hours of operation and lighting for the proposed commercial boarding/riding stable, 80 Litchfield Turnpike.
Exhibit 1D – Letter from Attorney Peter Cooper, representing Ms. Nancy Lewis of 76 Litchfield Turnpike, Re: Requesting the Planning and Zoning Commission deny the Application #2009-012, 80 Litchfield Turnpike.

Present for this application was Jason Hartmann, applicant, representing himself and his family. Mr. Hartmann briefly reviewed the proposed activity and stated there would be no employees living on the property and there will be no changes made to the current property.

Some Commission Members had a question or concern pertaining to the following:
· How many horses total on the property are you asking for? (Mr. Hartmann replied 12.)
· Will there be any additional lighting? (Mr. Hartmann replied no.)
· Will you be storing trailers on the property? (Mr. Hartmann replied only his personal trailers.)
· Are you asking for a sign? (Mr. Hartman replied not at this time.)

Chairman Huxley then asked if there were any comments from the public. The following people commented:

a) Attorney Peter Cooper, representing Ms. Nancy Lewis of 76 Litchfield Turnpike – Attorney Cooper submitted a letter (Exhibit 1D) and reviewed this letter with the Commission. Attorney Cooper expressed Ms. Lewis’s concerns about the vehicle lights from cars visiting the property, the uncontrolled number of boarders, parking issues, and dust and runoff from the dirt paddock area.

Chairman Huxley asked Isabel Kearns, ZEO, to research the parking standards to determine if the subject property would be able to accommodate the parking.




Chairman Huxley asked Mr. Hartmann if he would be willing to look at screening on the south side of the property to block vehicle lights from Ms. Lewis’s property. Mr. Hartmann stated he is willing to place screening in that area.

At 9:24 p.m., Chairman Huxley recessed the public hearing on the subject application until the next regular meeting scheduled for July 1, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.


NEW BUSINESS

1. 22 Tollgate Road, Application #2009-013 submitted by Sal Pontillo for a Home Occupation Permit to operate an office for a mobile dog grooming service – Present for this application was Sal Pontillo, applicant and owner of record. The Commission received the application. Isabel Kearns, ZEO, stated that the QVHD would not sign off until the DEP approval because the applicant is dumping grey water at State of Connecticut dumping stations (see letter from applicant submitted June 1, 2009). The Commission discussed and proceeded to deliberate. It was moved by Shea and seconded by Adelberg to authorize Isabel Kearns, ZEO, to issue a Home Occupation Permit for Application #2009-013 submitted by Sal Pontillo to operate an office for a mobile dog grooming service upon approval from the State of Connecticut Department of Environmental Protection and Quinnipiack Valley Health District and with the condition there will be no disposal of water on the site, which is 22 Tollgate Road.
Unanimous approval.

2. 369 Bethmour Road, Application #2009-014 submitted by Margaret Duke for a Home Occupation Permit to operate a recording studio – No one was present for this application. The Commission received the application. Isabel Kearns, ZEO, will contact the applicant to inform Ms. Duke she needs to be present at the next regular meeting, July 1, 2009, to answer questions from the Commission concerning this application. Tabled.

3. 19 Mesa Drive, Application #2009-015 submitted by Yucheng Zhan for a Home Occupation Permit to operate an office for Information Technology Services & Consulting, Internet Marketing & Sales, Investment Consulting – No one was present for this application. The Commission received the application. Commission members discussed and proceeded to deliberate. It was moved by Shurtleff and seconded by Shea to approve the following resolution for Application #2009-015:

Whereas, Yucheng Zhan owner of 19 Mesa Drive, applied to the Planning and Zoning Commission for a home occupation permit to operate a home office for computer services and consulting;





Whereas, the Commission at its regular meeting of June 3, 2009, 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 28, 2009, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on May 28, 2009, approving the application.

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4(b) of the Town of Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves the application of Yucheng Zhan to operate an office for computer service and consulting in his home as outlined in the Statement of Use and upon confirmation that no inventory will be kept at the premises at 19 Mesa Drive.
Unanimous approval.


OLD BUSINESS

1. 523 Carrington Road, Application #2009-001 submitted by John Paul Garcia for a Special Exception Permit for one rear lot – Hearing continued to July 1, 2009. Tabled.

2. 523 Carrington Road, Application #2009-002 submitted by John Paul Garcia for a Three-Lot Resubdivision with waiver requests for the provision of open space and a water source for fire protection – Hearing continued to July 1, 2009. Tabled.

3. 80 Litchfield Turnpike, Application #2009-012 submitted by Jas R. Hartmann (Double H Farm) for a Special Exception Permit to operate a boarding stable and riding lessons – Hearing continued to July 1, 2009. Tabled.

4. Bethany Volunteer Fire Department revised Water Source Specifications – The ZEO will contact Mike Katzmark, Representative for the BVFD. Tabled.

5. Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Mr. Peck will gather more information on windmills and work with the Clean Energy Task Force. Tabled.

6. Town Plan Revision – Discussion and possible action – Hiram Peck, Planning Consultant, Tabled.

7. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.



8. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.

9. Proposed Ordinance Establishing Citation Procedures and Fines for Zoning Violations – Isabel Kearns, ZEO, stated that the proposed ordinance is scheduled to go to a Town Meeting. Tabled.

10. Update on Halter Estates – Tabled.



It was moved by Shurtleff and seconded by Shea to adjourn the regular meeting at 9:30 p.m.
Unanimous approval.

Respectfully submitted,



Antonia Marek, Clerk
For the Planning and Zoning Commission Page 1 of 7
BOARD OF SELECTMEN
JUNE 8, 2009
Page 1 of 2

Attendance: First Selectwoman Derrylyn Gorski, Selectman Walter Briggs, Selectman Steven Thornquist

Guests: Janet Brunwin, James Stirling, Donald Shea, Guy Yale, Judy Yale, Ruth Barnes, Richard Barnes, Attorney Kevin McSherry joined the meeting at 7:55 p.m.

First Selectwoman Gorski called the meeting to order at 7:37 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was check signing. First Selectwoman Gorski ask all to rise for the Pledge of Allegiance.

APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of May 11, 2009. The motion of approval was moved by Selectman Briggs and seconded by First Selectwoman Gorski. The minutes were then approved on a unanimous vote without change.

APPOINTMENTS TO BOARDS AND COMMISSIONS
Appointments to Boards and Commissions as listed on the agenda were tabled for this meeting, as the appointees have not submitted resumes’.

TAX REFUNDS
First Selectwoman Gorski explained to the Board the large refund to Gelco for overpayment of taxes. Gelco was a car business on Old Amity Road. The cars at this business were all registered in Bethany. When the business failed a refund was due to the owner for each car. The Assessor calculated the amount of refund due. Selectman Thornquist then moved to refund to ADP the sum of $950.57, to Citimortgage the sum of $48.78, to Gelco the sum of $25,690.88 and to Justin Robinson the sum of $1.70 all for overpayment of taxes. Selectman Briggs seconded the motion. The vote taken was unanimous.

TAX DEFERAL
Rosalind Wald requests a deferred collection of real estate taxes coming due on her property at 20 Knollwood Drive. The Tax Collector has reviewed her payment history of taxes due to the Town of Bethany and finds that she has paid all previous taxes and has already started payment of the upcoming year’s tax. In light of the request Dave Forman recommends that the Board of Selectmen grant this request per Connecticut Statute 12-174. Following discussion Selectman Thornquist moved a motion to accept the recommendation of the Tax Collector. Selectman Briggs seconded the motion. The vote taken was unanimous.

LAKEVIEW LODGE – FEE WAIVER REQUEST
James Stirling was present to request a waiving of fees for use of the Lakeview Lodge to hold an organizational meeting at the Lakeview Lodge on July 2, 2009 for the possibility of forming a
Bethany/Beacon Falls Rotary Club. Following a brief discussion a motion to waive the fee for this meeting for use of the Lakeview Lodge on July 2, 2009 was moved by Selectman Thornquist and seconded by Selectman Briggs. The vote was called. The vote taken was unanimous.

AMITY SURPLUS
Janet Brunwin was present to discuss with the Selectmen the Amity surplus. Janet explained how this $1,000,000 surplus happened. Some of the savings has come from refinance of the debt service. Some of the money was found in the construction audit for the building/renovation projects, and the rest in the operating budget in premium savings. The Finance Committee did at their meeting outline projects that some of the savings could be spent on. Janet wanted input from the Selectmen as to their opinion on use of this money. All Selectmen agreed in this financial climate that unless some of the projects outlined could save a lot of money in the future to be completed now, than the money should be returned to the towns, as the towns also have put off needed projects to finance school building/renovation projects.

PROBATE COURT CONSOLIDATION
Judge Guy Yale was present to discuss with the Selectmen consolidation of the Probate Courts. The State has voted to consolidate the 117 courts down to 40 of 50 for the entire state. This would put Bethany with other towns making a court that would oversee approximately 60,000 people. The individualized care would be lost. We would be then assessed a per capita cost and records would go to a central location.

CORRESPONDENCE
Correspondence has been received from Bethridge Road residents regarding continued noise at Laticrete. The residents have indicated that the noise is better, however they are still meeting with Laticrete on this matter.

OTHER
Richard and Ruth Barnes were present to inquire about the completion of their cemetery deed.

ADJOURNMENT
Adjournment was called at 8:30 p.m. after a motion was moved by Selectman Briggs and seconded by Selectman Thornquist.


Respectfully submitted,


June G. Riley
Secretary, Board of Selectmen

Friday, June 5, 2009

BOARD OF SELECTMEN
MONDAY, JUNE 8, 2009
7:30 P.M.
CONFERENCE ROOM, BETHANY TOWN HALL


AGENDA

CALL TO ORDER

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES

A. MAY 11, 2009

NEW BUSINESS

TAX REFUNDS
TAX DEFERALS
USE OF LAKEVIEW LODGE – WAIVE FEE
AMITY SURPLUS – JANET BRUNWIN
APPOINTMENTS TO BOARDS AND COMMISSIONS
PROBATE COURT


CORRESPONDENCE

ANY OTHER MATTER PROPER TO COME BEFORE THE MEETING

ADJOURNMENT