MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, SEPTEMBER 2, 2015                Page 1 of 7

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, Member

            Donna Shea, Member

            Bradford Buchta, Alternate Member

            Carol Lambiase, Alternate Member, seated as a voting member

            Eric McDonald, Alternate Member, seated as a voting member

 

The following Commission Members were absent:

            Michael Sullivan, Vice-Chairman

            Douglas Goldner, Member

 

Also present were:

             Hiram Peck, Planning Consultant

             Isabel Kearns, Zoning Enforcement Officer  

 

 

APPOINTMENT OF STAFF -  Tabled.

 

 

APPROVAL OF MINUTES

            

1.      It was moved by Shea and seconded by Calhoun to approve the minutes of the August 5, 2015, Regular Meeting, with the following amendments:

·         Page 4, Second Paragraph, First Sentence – Reads “The Commission received a letter from Luiza DaSilva, dated July 13, 2015, regarding a request to waiver the fees for this zoning text amendment application.”   Change to “The Commission received a letter from Luiza DaSilva, dated July 13, 2015, regarding a request to waive the fees for this zoning text amendment application.”

·         Page 4, Second Paragraph, Second Sentence – Reads “The Commission briefly discussed this and it was mentioned that Staff has spent hours on the zoning violation at the applicants property and would like to discuss further.”  Change to “The Commission briefly discussed this and it was mentioned that Staff has spent hours on the zoning violation at the applicant’s property and would like to discuss further.” 

     Voting for:  Brinton, Calhoun, Shea, Lambiase, McDonald.

     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 August 2015, by          Hiram W. Peck III, AICP, Planning Consultant.

Voting for:  Brinton, Calhoun, Shea, Lambiase, McDonald.

Unanimous approval.

 

2.      It was moved by Lambiase and seconded by Calhoun to approve the payment of $105.00 for recording services rendered at the public hearing held on September 2, 2015,            (67 Mesa Drive) by Anne Sohon.

Voting were:  Brinton, Calhoun, Shea, Lambiase, McDonald.

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from Isabel Kearns, ZEO, to Anthony Vallillo dated August 6, 2015, Re:           788 Amity Road, email received regarding dogs and hours of operation.

2.      Letter from Isabel Kearns, ZEO, to Mr. & Mrs. William Grieger, dated August 12, 2015, Re:  Notice of Violation, Use Permits from tenants, 429, 437, 443 Fairwood Road.

3.      Letter from Isabel Kearns, ZEO, to Mr. & Mrs. William Grieger, dated August 12, 2015, Re:  Second Notice of Violation, Use Permits from tenants, 63 Sargent Drive.

4.      Letter from Isabel Kearns, ZEO, to Mr. & Mrs. Michael Patel, dated August 14, 2015, Re:  Notice of Violation, Landscaped plantings, 6 Sargent Drive.

5.      Letter from Isabel Kearns, ZEO, to Mr. Christopher Lussier, dated August 24, 2015, Re:  Second Notice of Violation, Junkyards, 286 Falls Road.

6.      Letter from Isabel Kearns, ZEO, to Ms. Sharon Stoyer, dated August 27, 2015, Re:  Matter resolved, unregistered motor vehicles, 108 Miller Road.

7.      Letter from Isabel Kearns, ZEO, to Mr. & Mrs. Roger Kergaravat, dated August 27, 2015, Re:  Matter resolved, storage container, 23 Carriage Drive.

8.      Notification from Prospect Planning and Zoning Commission, dated August 5, 2015, Re:  Proposed amendments to Prospect Zoning Regulations:  Commercial Outdoor Recreational Uses.

 

 

PUBLICATIONS AND WORKSHOPS

 

1.      The Connecticut Landscape Architect, Summer 2015.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT

 

Isabel Kearns, ZEO, reported on the following:       

·         Submitted report on Building Permits dated September 2, 2015.

·         33 Old Amity Road – Owner will be submitting application for construction of building in October.

 

 

 

 

·         63 Sargent Drive and 429, 437 and 443 Fairwood Road – Sent Notice of Violation but Grieger’s have not responded.  Next will issue Cease and Desist.  Received a complaint of someone working on cars late at night at 63 Sargent Drive and approval states no automobile repair.  Hiram Peck, Planning Consultant, recommended asking owners if you can investigate the property and if you don’t hear back then take action.

·         6 Sargent Drive – Working with owner on approved planting plan.

·         286 Falls Road – Property owner has a lot of junk in back.  Neighbor selling their home and would like removed.  Issued a violation notice.

 

 

PUBLIC HEARING

 

·         67 Mesa Drive, Application #2015-015 submitted by Connecticut Basement Finishing for a Special Exception Permit for an Accessory Apartment –

 

At 7:20 p.m., Chair Brinton called the public hearing to order.   Roll call was taken.         Chair Brinton read the legal notice for the public hearing.  Chair Brinton reviewed the complete application file.

 

Isabel Kearns, ZEO, stated that on the application and statement of use it lists 2 full bathrooms and a craft room but there will only be 1 full bathroom and no craft room.          Ms. Kearns asked that the applicant amend the application and statement of use.

 

Present for the public hearing was Bill Turner of Connecticut Basement Finishing, applicant.  Mr. Turner amended the application and statement of use and submitted new plans dated September 2, 2015.

 

During the course of the public hearing, Chair Brinton noted that the Commission has received the following item relative to the subject application.  Exhibit identification was assigned as noted:

A.    Exhibit 1A – Plans submitted by Bill Turner entitled, “Partial Basement Finishing Project”, dated September 2, 2015, with no revisions prepared by Total Basement Finishing.

 

Also, Ms. Kearns stated that the application meets all the regulation requirements and the applicant has received all department signoffs.

 

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 7:34 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, Lambiase, McDonald.

Unanimous approval.

 

 

 

 

NEW BUSINESS

 

1.      Request to waive of fees for Application #2015-013, Luiza DaSilva, Zoning Regulation Amendments –  It was moved by Calhoun and seconded by Lambiase to decline the request to waive the application fees for Application #2015-013 submitted by Luiza DaSilva for Zoning Regulation Amendments based on the information submitted by the Town Planner and the Zoning Enforcement Officer.

Voting were:  Brinton, Calhoun, Shea, Lambiase, McDonald.

Unanimous approval.

 

 

OLD BUSINESS

 

1)      67 Mesa Drive, Application #2015-015 submitted by Connecticut Basement Finishing   for a Special Exception Permit for an Accessory Apartment –

 

Isabel Kearns, ZEO, prepared a draft resolution for Application #2015-015.  Commission members reviewed and proceeded to deliberate.

 

It was moved by Calhoun and seconded by Lambiase to approve the following resolution for Application #2015-015:

 

Whereas, Connecticut Basement Finishing applied to the Commission on August 5, 2015, for a Special Exception Permit for a 608 square foot accessory apartment (including bath, bedroom, kitchen and family room) to be located within a portion of the basement of the existing home located at property known as 67 Mesa Drive;

 

Whereas, the Planning and Zoning Commission received an e-mail addressed to Isabel Kearns, Zoning Enforcement Officer, dated July 30, 2015,  in which Paul Bukowski, owner of 67 Mesa Drive, authorized Connecticut Basement Finishing  to apply to the Planning and Zoning Commission on their behalf for this accessory apartment;

 

Whereas, the Planning and Zoning Commission opened a public hearing on Application     #2015-015 for a Special Exception Permit for an accessory apartment located at 67 Mesa Drive on September 2, 2015.  Said hearing was closed at the conclusion of testimony that same evening;

 

Now Therefore, the Planning and Zoning Commission makes the following findings of fact and decisions regarding the application:

1. Alexis Rinaldi, Quinnipiack Valley Health District Representative, signed off on the back of the application form on July 28, 2015, indicating her approval of the accessory apartment.
2. Roderick White, Fire Marshal, signed off on the back of the application form on     August 28, 2015, stating that he has no jurisdiction over single family homes.
3. The application and Statement of Use dated July 31, 2015, demonstrate that the proposed accessory apartment would contain only 608 square feet of living space, and the Town of Bethany Zoning Regulations allows a maximum of 700 square feet of living space.

 

 

Now Therefore Be It Resolved, that pursuant to Section 4.4.J. of the Bethany Zoning Regulations, amended to February 27, 2015, the Bethany Planning and Zoning Commission approves the application of Connecticut Basement Finishing for a Special Exception Permit for a 608 square foot accessory apartment (Application #2015-015) (including bath, bedroom, kitchen and family room only) as shown on submitted floor plan entitled “Partial Basement Finishing Project”, dated September 2, 2015, with no revisions prepared by Total Basement Finishing and as per the Statement of Use dated July 31, 2015.          

 

And with the following conditions:

1)                 The owner of the property shall provide to the Commission an annual affidavit, due prior to occupancy of the apartment and during the month of January each year, to the effect that the accessory apartment continues to be in full compliance with Section 4.4.J. of the Bethany Zoning Regulations.

2)                 A building permit for the accessory apartment must be submitted and approved by the building official prior to any construction.

3)                 Craft room and common entry area are not a part of this accessory apartment.

Voting were:  Brinton, Calhoun, Shea, Lambiase, McDonald.

Unanimous approval.

 

 

2.      Continue discussion with Tony Falcone regarding possible future ideas for creating a cluster zone concept for saving the golf course at Woodhaven Golf Club, 275 Miller Road, Bethany –

 

Hiram Peck, Planning Consultant, briefly discussed housing regulation options that would possibly be appropriate for this property.  Tabled until October.

 

 

3.      Application #2015-013 submitted by Luiza DaSilva for a Zoning Regulation Amendment to Section 1.2 and Section 4.4.E – Public hearing scheduled for   October 7, 2015.

 

 

4.      Discuss future Land Use Plan (possible insertion in Town Plan of Conservation & Development) –  Hiram Peck, Planning Consultant, will get 11” by 17” copies of maps for Commission Members to work on.  Tabled.

 

 

5.      Discussion regarding types of signs – Will discuss with Town Attorney McSherry at October 7, 2015, regular meeting.  Tabled.

 

 

 

 

 

 

 

 

 

 

 

6.      Discussion regarding the rewriting of the current Zoning Regulations –

 

Isabel Kearns, ZEO, submitted copies of bids received to Commission members.  Commission members discussed.  It was moved by Calhoun and seconded by McDonald to recommend to the Board of Selectmen to select Hiram Peck, Planning Consultant, for the project to rewrite the Bethany Zoning Regulations.

Voting were:  Brinton, Calhoun, Shea, Lambiase, McDonald.

Unanimous approval.

 

 

OTHER BUSINESS

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by McDonald and seconded by Lambiase to adjourn the regular meeting at 8:30 p.m.

Voting were:  Brinton, Calhoun, Shea, Lambiase, McDonald.

Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, AUGUST 24, 2015                                                 Page 1 of 6

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

 

The following members of the Commission were present:

         Kristine Sullivan, Vice-Chair, acting as Chair

         Brian Smith, Member

         Roger Hathaway, Member

         Nancy Scanlon, Alternate Member, seated as a voting member

 

The following members of the Commission were absent:

         Alexandra Breslin, Chair

         Lisa Gaw, Member

 

Also present was:

         Isabel Kearns, Inland Wetlands Enforcement Officer

 

NEW BUSINESS

 

1)      94 Downs Road, Application #1247 submitted by Dennis and Patricia Colwell for an Inland Wetlands Permit to fill an existing drainage swale -

 

The Commission formally received the application.  Present to speak on behalf of the application were Dennis and Patricia Colwell, applicants and owners of record.         

 

Mr. Colwell briefly reviewed the proposed project and noted in discussion:

·         Owns both building lot at 94 Downs Road and resides at 86 Downs Road.

·         Would like to fill in, what exists on documents, as a drainage ditch which serves no purpose.

 

Isabel Kearns, IWEO, stated in the original permit approved in 1994 for this lot it was stated that the drainage swale must stay due to the current lot (86 Downs Road) having drainage problems but owners have since rectified the drainage problem and there is no water running through the swale.

 

In discussion, Commission members noted:

·         Received letter from Regional Water Authority dated August 21, 2015.

·         Applicant did not file on Land Records back in 1994 the drainage way easement as required by the Commission in their approval.

·         Soil Report dated July 7, 1994, shows no wetlands soils.

·         Commission would like to conduct site visit.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, September 28, 2015.  Tabled.

 

 

 

 

 

 

OLD BUSINESS

 

1.      33 Old Amity Road and 9 Russell Road, Application #1241 submitted by Manuel Preta for an Inland Wetlands Permit to construct a building for masonry supply and a storage yard –

 

Present to speak on behalf of the application was Wayne Zirolli, P.E./L.S. representing the applicant, Manuel Preta, who was also present.

 

Mr. Zirolli briefly reviewed the following:

·         Submitted and reviewed revised site plans dated August 8, 2015.

·         Submitted Hydrology Calculations and Report dated July 15, 2015.

 

Commission members discussed and proceeded to deliberate.

 

It was moved by Smith and seconded by Sullivan to approve Application #1241 submitted by Manuel Preta for an Inland Wetlands Permit to construct a 120-foot by 120-foot building for masonry business and a storage yard located at 33 Old Amity Road in accordance with the following submitted plans prepared by Wayne J. Zirolli, P.E. & L.S. Engineering & Surveying, Litchfield, Connecticut entitled:

a)      “Site Plan for Proposed Masonry Supply & Storage Yard”, dated July 13, 2015, revised to August 8, 2015, Drawing No. SP-1.

b)      “Site Plan Details & Notes for Proposed Masonry Supply & Storage Yard”, dated August 8, 2015, Drawing No. DP-1.

In addition, this permit is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:

a)      The project engineer shall provide certification that the drainage galleries are installed in accordance with the design shown on the approved plans.

b)      The project engineer shall provide a written note with the length of the splash pad and the size of the stone.

 

Based on the plans submitted and the addition of the roof drains there should be no adverse impact on the wetlands from the proposed activity.

Vote 4 to 0.

Voting were:  Sullivan, Smith, Hathaway, Scanlon.

Unanimous approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.      153 Amity Road, Application #1243 submitted by Mark Sette for an Inland Wetlands Permit to mow around the wetlands –

 

Present to speak on behalf of the application was Mark Sette, applicant and owner of record.

 

The Commission first took action on Mr. Sette’s letter dated June 26, 2015, to waive the application fees.  Commission members discussed and then proceeded to deliberate. 

 

It was moved by Sullivan and seconded by Smith in terms of the fees to charge the applicant $200 for a Commercial Use and $60 on behalf of the State of Connecticut for a total of $260.00 due for Application #1243 for the property located at 153 Amity Road.

Vote 4 to 0.

Voting were:  Sullivan, Smith, Hathaway, Scanlon.

Unanimous approval.

 

The Commission then discussed the application and Mr. Sette revised his application and site plan to state mowing instead of clear cutting .

 

Also, to eliminate the installation of the silt fence, the Commission would like Mr. Sette to locate wooden stakes around the wetlands and the IWEO to field check.

 

It was moved by Sullivan and seconded by Scanlon to approve Application #1243 submitted by Mark Sette for an Inland Wetlands Permit to mow only in the area depicted on the plan for the property located at 153 Amity Road in accordance with the submitted plan entitled, “Map of property prepared for M.A. Sette Corporation”, dated     May 28, 2015, with hand drawn revisions by the applicant revised to August 24, 2015, and in addition, this permit is subject to the following condition including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:

a)      Prior to any mowing taking place, the applicant shall delineate wetlands area by the placement of wooden stakes with orange ribbon around 50-foot wetland setback which the Inland Wetlands Enforcement Officer shall review in field.

b)      This approval is contingent up the receipt of the application fees.

Based on the property just being mowed and not stumped or cleared and with the limits of    mowing to be as shown on the plan there should be no adverse impact to the wetlands.

Vote 4 to 0.

Voting were:  Sullivan, Smith, Hathaway, Scanlon.

Unanimous approval.

 

 

 

 

 

 

 

 

 

 

 

3.      10 Northrop Road, Application #1245 submitted by Douglas Kycia, Landscape Architect for an Inland Wetlands Permit for Upland Area Mitigation Plan –

 

Present for this discussion was Mr. Doug Kycia, Landscape Architect, applicant representing the owner of record.

 

The Commission obtained the services of Michael Klein, Soil Scientist and Professional Wetland Scientist.  Mr. Klein submitted an email dated August 23, 2015, with comments from his initial review and site inspection.

 

The Commission did not discuss this matter at all due to no application or supplemental fees being received at this time.  Tabled.

 

 

4.       96 Woodcutters Drive, Application #1246 submitted by Gary Leydon for an Inland Wetlands Permit to replace and extend existing deck –

 

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

 

Commission members visited the site prior to this meeting and definitely noticed a pond on site.  Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Hathaway to approve Application #1246 submitted by Gary Leydon for an Inland Wetlands Permit to replace and extend the existing deck for property located at 96 Woodcutters Drive in accordance with the submitted plan, untitled, hand drawn by the applicant submitted July 17, 2015, and including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803.

 

This decision is based on the fact that since techo posts will be used for the footings for the deck, the silt fence shown on the plan is not necessary because there should not be any adverse impact on the onsite pond which also has a low stone wall around it.

Vote 4 to 0.

Voting were:  Sullivan, Smith, Hathaway, Scanlon.

Unanimous approval.

 

5.      Show Cause Hearing regarding Cease and Desist Order, dated October 21, 2014, to Mrs. Bitina Patel of 10 Northrop Road, extension of patio, stonewall along the pond, waterfall and clear cutting of trees within the 150-foot upland review area without permit – Tabled.

 

6.      Revisit site in November the continue discussion regarding road and overland run-off across 37 Hilltop Road (DeCesare) down to Route 69 -  Tabled.

 

7.      Discussion regarding Bethany West clearing.  (Letter from Roman Mrozinski of the

Southwest Conservation District) – Tabled.

 

 

 

 

 

8.      185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn –

Tabled.

 

 

APPROVAL OF MINUTES

 

1.      It was moved by Smith and seconded by Scanlon to approve, as submitted, the minutes of the Monday, July 27, 2015, Regular Meeting.

Voting were:  Sullivan, Smith, Hathaway, Scanlon.

Unanimous approval.

 

 

CORRESPONDENCE

 

1.      Letter from Ronald Walters, Regional Water Authority, dated August 21, 2015, Re:  Comments on review of Application #1247, 94 Downs Road, filling of drainage swale.

2.      Letter from Mark Sette of 153 Amity Road, dated July 30, 2015, Re:  Clear cutting of lot at 153 Amity Road.

3.      Email from Michael Klein, Soil Scientist/Professional Wetland Scientist, dated        August 23, 2015, Re:  Initial review of 10 Northrop Road.

 

PUBLICATIONS AND WORKSHOPS

 

1.       The Habitat, Summer 2015.

 

 

ENFORCEMENT OFFICER REPORTS AND APPROPRIATE COMMISSION ACTION

 

 

SCHEDULE SITE VISITS – 

 

The Commission scheduled a site visit for Sunday, August 30, 2015, at 8:30 a.m. to visit      94 Downs Road.  Commission members to meet at the site.

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Smith

and seconded by Scanlon to adjourn the regular meeting at 8:31 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Inland Wetlands Commission