MINUTES OF THE BETHANY PLANNNG AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, AUGUST 4, 2010 Page 1 of 7
The regular meeting of the Planning and Zoning Commission was called to order at 7:06 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
Melissa Spear, Vice-Chairman
John Ford IV, Member
Patricia Winer, Member
Donald Shea Jr., Alternate Member, seated as a voting member.
Marc Adelberg, Alternate Member, who arrived at 7:47 p.m.
Nellie Rabinowitz, Alternate Member, who arrived at 7:38 p.m.
The following Commission member was excused or absent:
Mary Shurtleff, Member
Also present was:
Karen Walton, Assistant Enforcement Officer
It was moved by Shea and seconded by Ford to move to the items of New Business.
Unanimous approval.
NEW BUSINESS
1) 696 Amity Road, Unit 9A, Application #2010-016 submitted by Sheryl Frouge for a Business Change of Use to operate an antique shop –
The Commission formally received the application. Present to speak on behalf of this application was Sheryl Frouge, applicant.
Mrs. Frouge reviewed the proposed project noting:
· That she will be selling various antiques.
· That there will be no signage near the road.
In discussion, Commission members noted:
That the antiques will be contained in the shop.
That the sign on the chair near the road is illegal.
That the applicant will be using the existing sign.
Karen Walton, Assistant ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Ford and seconded by Winer to approve the following resolution for Application #2010-016:
Whereas, Sheryl Frouge applied on August 4, 2010, to the Bethany Planning and Zoning Commission for a Business Change of Use Permit to operate an antique shop located in Unit 9A of 696 Amity Road;
Whereas, the Commission, at its regular meeting of August 4, 2010, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Business Change of Use Permit to operate an antique shop in unit 9A of 696 Amity Road;
Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;
Now Therefore the Commission makes the following findings of fact:
1) The Commission received a signature on July 30, 2010, from Lynn Fox of the Quinnipiack Valley Health District giving approval for the use.
2) The Commission received a signature on July 30, 2010, from Rod White, Fire Marshal giving his approval for the use.
3) The Commission received a letter dated August 3, 2010, from Ronald Walters of SCC Regional Water Authority having no comment.
Now Therefore Be It Resolved that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to April 7, 2010, the Bethany Planning and Zoning Commission approves the Business Change of Use Permit to operate an antique shop in Unit 9A of 696 Amity Road (Application #2010-016), as presented in the application, statement of use and testimony and with the following condition:
1) A building permit for an Interior-Fit-Out must be approved by the Building Official and the Fire Marshal prior to any renovations to or occupancy of the building.
Vote: 5 to 0.
Voting for:
Unanimous approval.
2) Discussion with Rod White, Fire Marshal, regarding signoffs on PZC applications -
Sharon Huxley, Chairman, discussed with Rod White privately before the meeting commenced.
3) Discussion with Al Shepard regarding the property of James Woodward, 26 and 46 Mesa Drive – Present for this discussion was Al Shepard, P.E. of Nowakowski, O’Bymachow and Kane and James Woodward, owner of 26 and 46 Mesa Drive. Mr. Woodward stated that one issue with his subdivision (Woodward Estates) was the separation distance between the two sets of roads and that he would like to request a waiver for the separation. Chairman Huxley stated that the waiver would be part of an application and the Commission recommends Mr. Woodward rethink the configuration. Also, the Commission recommends Mr. Woodward contact Mr. Hiram Peck, Planning Consultant, pertaining to the Commission’s concerns with the subdivision on 26 and 46 Mesa Drive.
APPROVAL OF MINUTES
1. It was moved by Winer and seconded by Spear to approve the minutes of the July 7, 2010, Regular Meeting with the following correction:
· Page 5, Item D – Reads “Exhibit 1D – Letter from Quinnipiack Valley Health District to John Paul Garcia, dated July 6, 2010, Re: 116 Sperry Road, B100a Proposal for replacement system for existing house, relocation of existing barn, construction of new indoor riding area and paddock area.” Change to “Exhibit 1D – Letter from Quinnipiack Valley Health District to John Paul Garcia, dated July 6, 2010, Re: 116 Sperry Road, B100a Proposal for replacement septic system for existing house, relocation of existing barn, construction of new indoor riding area and paddock area.”
Voting for: Huxley, Spear, Ford, Winer, Shea.
Unanimous approval.
2. The minutes for the Public Hearing Continuation/Special Meeting/Site Visit were tabled until the next regular meeting on Wednesday, September 1, 2010.
GENERAL CORRESPONDENCE
1. Letter from Bethany Volunteer Fire Department, dated July 6, 2010, Re: Review comments on proposed site plan dated June 21, 2010, for 116 Sperry Road, Special Exception Permit for Indoor Riding Ring, Addition to Barn and Paddocks.
2. Letter from Regional Water Authority, dated July 7, 2010, Re: Review comments on revised proposal for 116 Sperry Road, indoor riding arena and barn addition.
3. Letter from Regional Water Authority, dated August 3, 2010, Re: Review of application for 696 Amity Road, Unit 9A, change of use antique shop.
4. Email from Town Attorney Kevin McSherry, dated July 14, 2010, Re: Ravenswood bond, 34 Schaffer Road, 3-lot subdivision, Lot #2, release of bond for driveway installation and trench drain.
5. Letter from Hiram Peck, Planning Consultant, dated July 29, 2010, Re: Consideration or revisions to land use fees.
6. Letter from ZEO to William Grieger, dated July 7, 2010, Re: Cease & Desist Order, 437 and 443 Fairwood Road.
7. Letter from SCC Regional Planning Commission to Town of Hamden, dated July 9, 2010, Re: Review of Proposed Zoning Regulation Amendment to allow for the keeping of hens in certain zones.
8. Letter from SCC Regional Planning Commission to Town of Hamden, dated July 9, 2010, Re: Review of Proposed Zoning Regulation Amendment to correct unintended omission of text prior regulations and other text.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Summer 2010.
2. University of Connecticut, Connecticut Technology Transfer, Summer 2010.
BILLS
1. It was moved by Winer and seconded by Spear to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for July 2010, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
2. It was moved by Winer and seconded by Shea to approve the payment of a bill for $95.00, dated July 7, 2010, from John McLeod (Court Stenographer) for recording services for public hearings (116 Sperry Road).
Unanimous approval.
3. It was moved by Winer and seconded by Shea to approve the payment of a bill for $95.00, dated August 4, 2010, from John McLeod (Court Stenographer) for recording services for public hearings (116 Sperry Road).
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Karen Walton, Assistant ZEO, reported on the following:
247 Fairwood Road – Ms. Walton stated that First Selectman Gorski received a complaint of a lot of garbage on the property and that this complaint was also listed on the website "SeeClickFix". The Assistant ZEO sent letters out to the owner regarding the complaints of horse manure and garbage and that the homeowner is in process of evicting the tenants who trashed the property. Also, the Quinnipiack Valley Health District will be getting involved.
PUBLIC HEARING
116 Sperry Road, Application #2010-013 submitted by Claire Wiseman for a Special Exception Permit for an Indoor Riding Ring, Addition to Barn, and Paddocks -
At 7:31 p.m., Chairman Huxley called to order the public hearing continuation on Application #2010-013 for a Special Exception Permit for an Indoor Riding Ring, Addition to Barn and Paddocks. The call for the public hearing continuation was read.
Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 2A – Letter from Regional Water Authority, dated July 7, 2010, Re: Review comments on revised proposal for 116 Sperry Road, indoor riding arena and barn addition.
Exhibit 2B – Letter from Bethany Volunteer Fire Department, dated July 6, 2010, Re: Review comments on proposed site plan dated June 21, 2010, for 116 Sperry Road, Special Exception Permit for Indoor Riding Ring, Addition to Barn and Paddocks.
Exhibit 2C – Submitted by Mr. Garcia, revised site plan entitled “Proposed Site Plan, 116 Sperry Road, Bethany, CT”, dated May 20, 2010, revised to July 23, 2010, prepared by John Paul Garcia & Associates, Bethany, Connecticut.
Present to speak on behalf of the applicant was John Paul Garcia, L.S./P.E., representing Ms. Wiseman, applicant, who was also present.
Mr. Garcia reviewed the proposed project noting:
· That the revised plans address the comments from Quinnipiack Valley Health District in a letter dated July 6, 2010.
· That Quinnipiack Valley Health District has not commented back on the revised plans.
In discussion, Commission members noted:
· That Mr. Garcia stated there will be a maximum of 6 stalls.
· That the Inland Wetlands Commission needs to review the revised plans.
· That the manure storage has been moved an additional 35 feet further away from the property line.
· That this application is for a residential use not a commercial use.
Chairman Huxley then asked if there were any comments from the public. The following public member spoke:
Douglas Berv of 106 Sperry Road – Mr. Berv is greatly concerned that the subject property will become a commercial operation and that the applicant is a therapist and conducts horse therapy. Mr. Berv would like a condition put in the permit that there can be no commercial therapeutic operation conducted. Mr. Berv is also concerned with the driveway drainage.
Mr. Garcia commented that the applicant has no intent to run a commercial boarding stable or therapeutic riding operation and that the Commission can put a condition on the permit to that affect.
Clare Wiseman, applicant, stated she has no intent at this time to use this facility for her practice.
Chairman Huxley disqualified herself at 7:46 p.m. Vice Chairman Spear filled in as Chair.
Mr. Garcia stated the applicant may at some point return to the Commission and ask for a home office for a therapist not a therapeutic riding program.
Acting Chairman Spear stated that Quinnipiack Valley Health District needs to submit their approval and the Inland Wetlands Commission needs to review the revised plans.
Mr. Garcia submitted a letter of consent to extension of time for 30 days to continue the public hearing.
At 8:05 p.m., Acting Chairman Spear recessed the public hearing and continued it to the next regular meeting on Wednesday, September 1, 2010, in the Commission Meeting Room of the Bethany Town Hall. Tabled.
OLD BUSINESS
1. 116 Sperry Road, Application #2010-013 submitted by Claire Wiseman for a Special Exception Permit for an Indoor Riding Ring, Addition to Barn, Paddocks – Hearing continued to September 1, 2010. Tabled.
2. Discussion on Ravenswood Homes bonding issue for drainage (Email from Town Counsel dated July 14, 2010) – No action for the Commission.
3. Discussion on Zoning Regulation Section 4.4.I.1 relating to 6-acre requirement for boarding stables with living quarters (copy of minutes and list of stables in packet) – Tabled.
4. Proposed amendment to the Bethany Zoning Regulations to add Section 5A – Permitting, Construction, Operation, Maintenance and Abandonment of Small Wind Energy Systems – Chairman Huxley stated that now is not the time to approve this amendment because there are so many technical advances being made in a relatively short time and some of the things that were of a concern to people, like the light flicker and separation distance, would no longer be issues because the systems would be smaller. Also Chairman Huxley stated that the Town should focus on solar. Tabled.
5. Revised Draft of the Town Plan of Conservation and Development – Tabled.
6. Discuss increasing application fees – Hiram Peck, Planning Consultant, submitted a letter dated July 29, 2010, Re: Consideration of revisions to land use fees. Tabled.
7. Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.
8. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.
9. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.
10. Update on Halter Estates – Tabled.
It was moved by Ford and seconded by Shea to adjourn the regular meeting at 8:10 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
Monday, August 16, 2010
Bethany Conservation Commission
August 5, 2010
The meeting was called to order by Chairman Ken Martin at 7:30pm. Also in attendance were members Audrey Eisenstadt and Brian Eitzer.
Attending the meeting as a guest was First Selectwoman Derrylyn Gorski. Derry was present because this was Ken’s last meeting before relocating out of state. Derry presented Ken with a framed proclamation declaring August 5, 2010 to be “Kenneth W. Martin Day” in Bethany. The proclamation outlined some of Ken’s contributions to the town including his 21 years on the Conservation Commission (16 years as Chairman) and his work in establishing a GIS system for the town.
There were no minutes available from the last meeting to be read and reviewed.
Ken presented a thank you note from Mackenzie Swain who was one of the Community School recipients of the annual Conservation Award.
Ken also presented the July 26 Inland Wetlands minutes for informational purposes. He also briefly touched on the status of an ongoing potential open space acquisition.
This meeting being Ken’s last, some time was spent with Ken going over with other commission members some papers he brought in from his files at home, which were then put into the commissions file closet.
Audrey moved that Bruce should be “acting chairman” until a vote can be taken by the full commission on a successor to Ken. Ken seconded and the motion passed.
Ken moved to adjourn and Audrey seconded. The motion passed and the meeting adjourned at 8:55pm.
Respectfully submitted,
Bruce Loomis
Secretary Pro-tempore
August 5, 2010
The meeting was called to order by Chairman Ken Martin at 7:30pm. Also in attendance were members Audrey Eisenstadt and Brian Eitzer.
Attending the meeting as a guest was First Selectwoman Derrylyn Gorski. Derry was present because this was Ken’s last meeting before relocating out of state. Derry presented Ken with a framed proclamation declaring August 5, 2010 to be “Kenneth W. Martin Day” in Bethany. The proclamation outlined some of Ken’s contributions to the town including his 21 years on the Conservation Commission (16 years as Chairman) and his work in establishing a GIS system for the town.
There were no minutes available from the last meeting to be read and reviewed.
Ken presented a thank you note from Mackenzie Swain who was one of the Community School recipients of the annual Conservation Award.
Ken also presented the July 26 Inland Wetlands minutes for informational purposes. He also briefly touched on the status of an ongoing potential open space acquisition.
This meeting being Ken’s last, some time was spent with Ken going over with other commission members some papers he brought in from his files at home, which were then put into the commissions file closet.
Audrey moved that Bruce should be “acting chairman” until a vote can be taken by the full commission on a successor to Ken. Ken seconded and the motion passed.
Ken moved to adjourn and Audrey seconded. The motion passed and the meeting adjourned at 8:55pm.
Respectfully submitted,
Bruce Loomis
Secretary Pro-tempore
Wednesday, August 4, 2010
DISTRICT ANIMAL CONTROL
Serving the Towns of Bethany – Orange - Woodbridge
Phone @203) 389-5991
135 Bradley Road
Woodbridge, CT 06525
Unapproved Minutes for DAC Board Meeting July 8, 2010
Present: Joan Blaskey, Joseph Hellauer, Cheryl Lipson, Fred Dray, Brian Laubstein, DVM, James Zeoli (8:35PM) Pamela Andreson, Clerk
Staff: Paul Niedmann, Gail Evanko, Dave Dorsa, Melanie Oakley, Dottie Bedan
1) Meeting was called to order by Chairperson Blaskey at 7:38 PM.
2) Pledge of Allegiance was recited.
3) Introductions.
4) Public: Bridget Albert, Jeanine Russo, Pat Rubin. Margie Schenk
5) Review and approval of June 10, 2010 meeting. Motion to accept minutes by Hellauer/Dray. All approved.
6) Census – Paul Niedmann: Out take: 10 redeemed, 2 sold as pets, 1 euthanized. One hundred-ten calls, 80 calls investigated.
7) Lead ACO report – Paul Niedmann: Niedmann read thank you letter from a resident who recently adopted a pet from DAC
8) Treasurer's Report – Joseph Hellauer: Checking account has $36,286.26. Money Market has $1,478.06. Total is $37,764.32. On June 28, 2010, Hellauer received a call from Mary Culmo stating that she quit. Blaskey and Hellauer met with Jen Wiffenbacker who covered for Culmo as an on call employee.
9) Chairman's Report – Joan Blaskey: Orange Ale House advertised in the paper that they were hosting a fundraiser for DAC. Another idea for a fundraiser is to have T-shirts made up. Cost would be $5.00 each minimum order is 36. DAC could sell them for $10.00. Evanko stated that the logo on the DAC vehicles is faded and blends in with the color of the vehicle. Hellauer will call Bob McSherry and find out about redoing the lettering on the vehicles. Blaskey thanked AARF for helping the dog that needed extensive mouth surgery. Blaskey called the Orange PD and found they get about 50 OT calls per year. Has a call in to Bethany to find out how many calls for OT. Hellauer called Woodbridge, they didn't have a count, but will track it for the future. Niedmann stated that the facility could use a refrigerator. Deceased animals should be kept in a freezer for 7 days. Laubstein will look into cremation services for deceased animals. Also looked into a bundle for land, internet and cell phones, but no bundle exists. Evanko suggested that instead of getting new phones that DAC reimburse employees a portion of the monthly service for their personal phones. They all have Verizon, which offers the best service, and all the PD's have their personal phone numbers already. Hellauer/Dray made a motion to supplement employee personal phones at $35 per month on a temporary basis. Work on canceling Nextel service. All approved. Dorsa suggested posting pictures of found pets. Add pages to petfinder. Evanko suggested that all dogs be vaccinated for rabies when they come in. Zeoli made a motion to vaccinate age appropriate animals within 7-14 days after intake. All approved. Discussion involving SNAP tests tabled. Hellauer passed out a copy of the lease agreement to all board members.
10) Motion to adjourn by Hellauer/Laubstein at 9:20 PM.
Respectfully Submitted,
Pamela Andreson
Serving the Towns of Bethany – Orange - Woodbridge
Phone @203) 389-5991
135 Bradley Road
Woodbridge, CT 06525
Unapproved Minutes for DAC Board Meeting July 8, 2010
Present: Joan Blaskey, Joseph Hellauer, Cheryl Lipson, Fred Dray, Brian Laubstein, DVM, James Zeoli (8:35PM) Pamela Andreson, Clerk
Staff: Paul Niedmann, Gail Evanko, Dave Dorsa, Melanie Oakley, Dottie Bedan
1) Meeting was called to order by Chairperson Blaskey at 7:38 PM.
2) Pledge of Allegiance was recited.
3) Introductions.
4) Public: Bridget Albert, Jeanine Russo, Pat Rubin. Margie Schenk
5) Review and approval of June 10, 2010 meeting. Motion to accept minutes by Hellauer/Dray. All approved.
6) Census – Paul Niedmann: Out take: 10 redeemed, 2 sold as pets, 1 euthanized. One hundred-ten calls, 80 calls investigated.
7) Lead ACO report – Paul Niedmann: Niedmann read thank you letter from a resident who recently adopted a pet from DAC
8) Treasurer's Report – Joseph Hellauer: Checking account has $36,286.26. Money Market has $1,478.06. Total is $37,764.32. On June 28, 2010, Hellauer received a call from Mary Culmo stating that she quit. Blaskey and Hellauer met with Jen Wiffenbacker who covered for Culmo as an on call employee.
9) Chairman's Report – Joan Blaskey: Orange Ale House advertised in the paper that they were hosting a fundraiser for DAC. Another idea for a fundraiser is to have T-shirts made up. Cost would be $5.00 each minimum order is 36. DAC could sell them for $10.00. Evanko stated that the logo on the DAC vehicles is faded and blends in with the color of the vehicle. Hellauer will call Bob McSherry and find out about redoing the lettering on the vehicles. Blaskey thanked AARF for helping the dog that needed extensive mouth surgery. Blaskey called the Orange PD and found they get about 50 OT calls per year. Has a call in to Bethany to find out how many calls for OT. Hellauer called Woodbridge, they didn't have a count, but will track it for the future. Niedmann stated that the facility could use a refrigerator. Deceased animals should be kept in a freezer for 7 days. Laubstein will look into cremation services for deceased animals. Also looked into a bundle for land, internet and cell phones, but no bundle exists. Evanko suggested that instead of getting new phones that DAC reimburse employees a portion of the monthly service for their personal phones. They all have Verizon, which offers the best service, and all the PD's have their personal phone numbers already. Hellauer/Dray made a motion to supplement employee personal phones at $35 per month on a temporary basis. Work on canceling Nextel service. All approved. Dorsa suggested posting pictures of found pets. Add pages to petfinder. Evanko suggested that all dogs be vaccinated for rabies when they come in. Zeoli made a motion to vaccinate age appropriate animals within 7-14 days after intake. All approved. Discussion involving SNAP tests tabled. Hellauer passed out a copy of the lease agreement to all board members.
10) Motion to adjourn by Hellauer/Laubstein at 9:20 PM.
Respectfully Submitted,
Pamela Andreson
DISTRICT ANIMAL CONTROL
Serving the Towns of Bethany – Orange - Woodbridge
Phone @203) 389-5991
135 Bradley Road
Woodbridge, CT 06525
Approved Minutes for DAC Board Meeting June 10, 2010
Present: Joan Blaskey, Joseph Hellauer, Cheryl Lipson, Fred Dray, Brian Laubstein, DVM, Pamela Andreson, Clerk
Absent: James Zeoli
Staff: Paul Niedmann, Dottie Bedan
1) Meeting was called to order by Chairperson Blaskey at 7:38 PM.
2) Pledge of Allegiance was recited.
3) Introductions.
4) Public: No public present.
5) Review and approval of May 13, 2010 meeting. Motion to accept minutes by Lipson/Hellauer. Four approved, one abstained.
6) Census – Paul Niedmann: Out take: 6 redeemed, 6 sold as pets, 1 euthanized. One hundred-two calls, 87 calls investigated, resulting in 2infractions issued. Lipson inquired as to how many calls were for wildlife. Niedmann responded that the number of calls varies each month. Blaskey reminded Niedmann that she needs a monthly report.
7) Lead ACO report – Paul Niedmann: One misdemeanor was issued for a 2 month old dog that was left in a car for 40 minutes. New toilet was installed at the facility. There are 6 animals at the facility, 1 quarantined, 2 dogs and 5 cats. Waiting for an estimate to have the freezer installed. Memorial donations have been received to update dog runs. An Eagle Scouts' dad is a contractor who is willing to do whatever is needed. Nextel cell phones don't work well in the area, Verizon phones work better. We might be able to get out of contract because the phones are used for business and don't work. Laubstein reminded the board that Zeoli was supposed to look into getting a bundle package. Laubstein offered to look into this. Hellauer would look into getting a newer computer for the facility.
8) Treasurer's Report – Joseph Hellauer: Checking account has $6,952.58. Money Market has $1,477.10. Total is $8,429.68. The town of Orange was sent a corrected invoice and paid fee of $4,563.00. Accounting firm fee for audit is $5,000. Toilet was purchased with Town of Woodbridge Funds. Dottie will cut check for town. Motion to accept treasurers report by Dray/Laubstein. All approved.
9) Chairman's Report – Joan Blaskey: No Chairman's report.
10) Motion to go into executive session by Hellauer/Laubstein at 8:05 PM to discuss personnel issues No motions made, no actions taken during executive session. Returned to regular session at 9:56 PM.
11) Meeting adjourned at 10:03 PM.
Respectfully Submitted,
Pamela Andreson
Serving the Towns of Bethany – Orange - Woodbridge
Phone @203) 389-5991
135 Bradley Road
Woodbridge, CT 06525
Approved Minutes for DAC Board Meeting June 10, 2010
Present: Joan Blaskey, Joseph Hellauer, Cheryl Lipson, Fred Dray, Brian Laubstein, DVM, Pamela Andreson, Clerk
Absent: James Zeoli
Staff: Paul Niedmann, Dottie Bedan
1) Meeting was called to order by Chairperson Blaskey at 7:38 PM.
2) Pledge of Allegiance was recited.
3) Introductions.
4) Public: No public present.
5) Review and approval of May 13, 2010 meeting. Motion to accept minutes by Lipson/Hellauer. Four approved, one abstained.
6) Census – Paul Niedmann: Out take: 6 redeemed, 6 sold as pets, 1 euthanized. One hundred-two calls, 87 calls investigated, resulting in 2infractions issued. Lipson inquired as to how many calls were for wildlife. Niedmann responded that the number of calls varies each month. Blaskey reminded Niedmann that she needs a monthly report.
7) Lead ACO report – Paul Niedmann: One misdemeanor was issued for a 2 month old dog that was left in a car for 40 minutes. New toilet was installed at the facility. There are 6 animals at the facility, 1 quarantined, 2 dogs and 5 cats. Waiting for an estimate to have the freezer installed. Memorial donations have been received to update dog runs. An Eagle Scouts' dad is a contractor who is willing to do whatever is needed. Nextel cell phones don't work well in the area, Verizon phones work better. We might be able to get out of contract because the phones are used for business and don't work. Laubstein reminded the board that Zeoli was supposed to look into getting a bundle package. Laubstein offered to look into this. Hellauer would look into getting a newer computer for the facility.
8) Treasurer's Report – Joseph Hellauer: Checking account has $6,952.58. Money Market has $1,477.10. Total is $8,429.68. The town of Orange was sent a corrected invoice and paid fee of $4,563.00. Accounting firm fee for audit is $5,000. Toilet was purchased with Town of Woodbridge Funds. Dottie will cut check for town. Motion to accept treasurers report by Dray/Laubstein. All approved.
9) Chairman's Report – Joan Blaskey: No Chairman's report.
10) Motion to go into executive session by Hellauer/Laubstein at 8:05 PM to discuss personnel issues No motions made, no actions taken during executive session. Returned to regular session at 9:56 PM.
11) Meeting adjourned at 10:03 PM.
Respectfully Submitted,
Pamela Andreson
Monday, August 2, 2010
BOARD OF SELECTMEN
JULY 26, 2010
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry
First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:35 p.m. The meeting was held in the Conference room of the Bethany Town Hall. Check signing was the first order of business. All present were asked to rise for the Pledge of Allegiance.
STOP SIGN DISCUSSION
The discussion on placement of stop signs was tabled until another meeting.
TAX DEFERRAL
Tax Collector, David Forman has received a request for a tax deferral for taxes due July 1, 2010 from Salvio Moreno of 51 Judd Hill Road, Bethany, CT. David fully believes that the circumstances justify the request. Mr. Moreno has had medical expenses. Selectman Shea moved to accept the recommendation of the Tax Collector for a tax deferral for Mr. Moreno for the July installment per SS 12-174. First Selectwoman Gorski seconded the motion. The vote was called. The vote was unanimous.
TAX REFUNDS
Selectman Shea moved to refund to Turk or Tara Askoy the sum of $6.75, to Anne Tessitore the sum of $147.55, to DCFS Trust the sum of $238.78, to Fay Hickey the sum of $10.00, to Freezer Hill Mulch Company the sum of $424.82, to GMAC the sum of $85.90, to James Sherman the sum of $13.36, to John R. Ellison, III the sum of $100.00, to Nissan Infiniti, LT the sum of $74.99, and to R. W. Pantalone the sum of $96.98 all for overpayment of taxes. First Selectwoman Gorski seconded the motion. The vote taken was unanimous.
WAIVE FEE FOR USE OF THE VETERANS MEMORIAL PARK PAVILION
Christ Church has requested waiving of the fees for use of the Veterans Memorial Park Pavilion on August 29, 2010 for an Old Fashion Tent Revival to commence celebration of the 200th Anniversary of its founding. The motion to waive the fee was moved by Selectman Shea and seconded by First Selectwoman Gorski. The vote taken was unanimous.
RECYCLING CENTER AGREEMENT
First Selectwoman Gorski has negotiated an agreement with Trash Masters to supply compactors for the Recycling Center. The contract will run from July 1, 2010 to June 30, 2015. Following a brief discussion Selectman Shea moved to accept the Recycling Agreement of Trash Master to supply compactors for the Recycling Center. Selectman Thornquist seconded the motion. The vote taken was unanimous.
EXECUTIVE SESSION TO DISCUSS LITIGATION, LAND ACQUISITION OR PERSONNEL ISSUES
At 7:47 p.m. Selectman Thornquist moved to go into executive session to discuss Land Acquisition, Litigation or Personnel Issues and to invite Attorney McSherry to stay for this session. Selectman Shea seconded the motion. The vote taken was unanimous. At 8:10 p.m. Selectman Thornquist moved to exit the session. Selectman Shea seconded the motion. The vote taken was unanimous. There were no motions made during this session.
ADJOURNMENT
Adjournment was called at 8:11 after a motion was moved by Selectman Shea and seconded by Selectman Thornquist. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
JULY 26, 2010
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry
First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:35 p.m. The meeting was held in the Conference room of the Bethany Town Hall. Check signing was the first order of business. All present were asked to rise for the Pledge of Allegiance.
STOP SIGN DISCUSSION
The discussion on placement of stop signs was tabled until another meeting.
TAX DEFERRAL
Tax Collector, David Forman has received a request for a tax deferral for taxes due July 1, 2010 from Salvio Moreno of 51 Judd Hill Road, Bethany, CT. David fully believes that the circumstances justify the request. Mr. Moreno has had medical expenses. Selectman Shea moved to accept the recommendation of the Tax Collector for a tax deferral for Mr. Moreno for the July installment per SS 12-174. First Selectwoman Gorski seconded the motion. The vote was called. The vote was unanimous.
TAX REFUNDS
Selectman Shea moved to refund to Turk or Tara Askoy the sum of $6.75, to Anne Tessitore the sum of $147.55, to DCFS Trust the sum of $238.78, to Fay Hickey the sum of $10.00, to Freezer Hill Mulch Company the sum of $424.82, to GMAC the sum of $85.90, to James Sherman the sum of $13.36, to John R. Ellison, III the sum of $100.00, to Nissan Infiniti, LT the sum of $74.99, and to R. W. Pantalone the sum of $96.98 all for overpayment of taxes. First Selectwoman Gorski seconded the motion. The vote taken was unanimous.
WAIVE FEE FOR USE OF THE VETERANS MEMORIAL PARK PAVILION
Christ Church has requested waiving of the fees for use of the Veterans Memorial Park Pavilion on August 29, 2010 for an Old Fashion Tent Revival to commence celebration of the 200th Anniversary of its founding. The motion to waive the fee was moved by Selectman Shea and seconded by First Selectwoman Gorski. The vote taken was unanimous.
RECYCLING CENTER AGREEMENT
First Selectwoman Gorski has negotiated an agreement with Trash Masters to supply compactors for the Recycling Center. The contract will run from July 1, 2010 to June 30, 2015. Following a brief discussion Selectman Shea moved to accept the Recycling Agreement of Trash Master to supply compactors for the Recycling Center. Selectman Thornquist seconded the motion. The vote taken was unanimous.
EXECUTIVE SESSION TO DISCUSS LITIGATION, LAND ACQUISITION OR PERSONNEL ISSUES
At 7:47 p.m. Selectman Thornquist moved to go into executive session to discuss Land Acquisition, Litigation or Personnel Issues and to invite Attorney McSherry to stay for this session. Selectman Shea seconded the motion. The vote taken was unanimous. At 8:10 p.m. Selectman Thornquist moved to exit the session. Selectman Shea seconded the motion. The vote taken was unanimous. There were no motions made during this session.
ADJOURNMENT
Adjournment was called at 8:11 after a motion was moved by Selectman Shea and seconded by Selectman Thornquist. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
Friday, July 16, 2010
MINUTES OF THE BETHANY PLANNNG AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JULY 7, 2010 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:
Sharon Huxley, Chairman
Melissa Spear, Vice-Chairman
John Ford IV, Member
Mary Shurtleff, Member
Patricia Winer, Member
Donald Shea Jr., Alternate Member, seated as second voting member as needed.
Marc Adelberg, Alternate Member, seated as first voting member as needed.
The following Commission member was excused or absent:
Nellie Rabinowitz, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Assistant Enforcement Officer
Hiram Peck, Planning Consultant
ELECTION OF OFFICERS AND APPOINTMENT OF STAFF
Mary Shurtleff prepared a proposed Slate of Officers for the term of July 2010 to June 2011. The nominations were as follows:
Chair: Sharon Huxley
Vice-Chair: Melissa Spear
Secretary: Mary Shurtleff
Alternate Secretary: Patricia Winer
Representative to the South Central Regional Planning Commission: Sharon Huxley
Alternate Representative to the South Central RPC: Mary Shurtleff
Representative to the West Rock Ridge State Park Council: Steve Massey
It was moved by Spear and seconded by Winer to accept and approve the Slate of Officers as submitted for the term of July 2010 to June 2011.
Unanimous approval.
Chairman Huxley stated the Commission needs to appoint the following Staff:
Planner – Hiram Peck
Zoning Enforcement Officer – Isabel Kearns
Assistant ZEO – Karen Walton
Clerk – Antonia Marek
It was moved by Winer and seconded by Ford to accept and approve the appointment of Staff as submitted for the term of July 2010 to June 2011.
Unanimous approval.
APPROVAL OF MINUTES
1. It was moved by Shea and seconded by Ford to approve the minutes of the June 2, 2010, Regular Meeting with the following corrections:
· Page 24, Item #7, first sentence – Reads “Hiram Peck, Planning Consultant, stated that he contacted a graphic firm that he has previously used pertaining for the completion of the revised Town Plan for formatting and cleaning up and is requesting the Commission’s approval for the cost. Mr. Peck is recommending this firm to the Commission and stated when he gets the final draft; he will submit the draft to the Commission for review.” Change to “Pertaining to the completion of the revised Town Plan, Hiram Peck, Planning Consultant, stated that he has contacted a graphic’s firm that he has previously used pertaining to the formatting and cleaning up of the Town Plan and is requesting the Commission’s approval for the cost. Mr. Peck stated that when he receives the final draft, he will submit the draft to the Commission for review.
Voting for: Huxley, Ford, Shurtleff, Shea, Adelberg.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from SCC Regional Water Authority to the IWC, dated June 4, 2010, Re: Review comments on 116 Sperry Road, indoor riding arena and barn addition.
2. Copy of Inland Wetlands Permit #1148 approved on June 28, 2010, for the construction of a covered riding arena, an addition to existing barn and associated construction located at 116 Sperry Road.
3. Letter from Quinnipiack Valley Health District, dated July 6, 2010, Re: Review comments on 116 Sperry Road, proposed indoor riding ring, addition to barn and paddocks.
4. Letter from Ravenswood Homes, dated June 16, 2010, Re: 34 Schaffer Road, 3-lot subdivision, Lot #2, release of bond for driveway installation and trench drain.
5. Letter from SCC Regional Water Authority, dated June 23, 2010, Re: Review comments on 234 Amity Road, daycare expansion.
6. Anonymous letter, dated June 25 and June 29, 2010, Re: Opposed to business located at 375 Bethmour Road.
7. Letter from IWC to Board of Selectmen, dated June 29, 2010, Re: Requesting the Inland Wetlands and Watercourses Fee Schedule be unincorporated from the Code of the Town of Bethany.
Hiram Peck, Planning Consultant, stated the IWC can request the Board of Selectmen to make this change and Mr. Peck has some suggestions on the pros and cons of this. Chairman Huxley, asked Mr. Peck to have his suggestions prepared for the next regular meeting on August 4, 2010.
8. Email from Eugene Livshits of SCC Regional Planning Commission, dated June 8, 2010, Re: Town of Prospect proposed Zoning Text Amendment to add Gunsmith Activities.
9. Letter from SCC Regional Planning Commission, dated June 11, 2010, Re: Response to Town of Prospect proposed Zoning Text Amendment to add Gunsmith Activities.
10. Email from Eugene Livshits of SCC Regional Planning Commission, dated June 28, 2010, Re: Town of Hamden proposed Zoning Regulation Amendments to correct errors to allow for the keeping of hens.
BILLS
1. It was moved by Spear and seconded by Shurtleff to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for June 2010, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
2. It was moved by Shurtleff and seconded by Winer to approve the payment of a bill for $95.00, dated June 2, 2010, from John McLeod (Court Stenographer) for recording services for public hearings (437 and 443 Fairwood Road, 3 Northrop Road, Proposed Zoning Amendments).
Unanimous approval.
It was moved by Spear and seconded by Shurtleff to move to the items of New Business.
Unanimous approval.
NEW BUSINESS
1) 34 Schaffer Road (3-Lot Subdivision) – Discussion with Ravenswood Homes on bonding for drainage – Richard Fiske of Ravenswood Homes, submitted a letter dated June 16, 2010, pertaining to this matter but was not present at the meeting. Isabel Kearns, ZEO, stated that there is a drainage issue with Lot 2 on Schaffer Road and the owner of record failed to add to the new owner contract the requirement of posting a bond for the driveway drainage. Ms. Kearns stated she contacted the Town Attorney and he directed her not to release the bond for the public improvements until the driveway drainage is completed. Chairman Huxley directed Ms. Kearns to ask the Town Attorney to prepare a letter concerning this matter and send to Ravenswood Homes, the Board of Selectmen and the Planning and Zoning Commission.
2) 234 Amity Road, Application #2010-014 submitted by Surreybrook Preschool, LLC to modify the existing permit to expand the existing daycare facility to allow for 20 additional students and 2 additional staff –
The Commission formally received the application. Present to speak on behalf of this application was Kathy Consoli, Member, for Surreybrook Real Estate, LLC.
Ms. Consoli reviewed the proposed project noting:
· That Surreybrook Preschool will take over the vacant space that was previously rented and add another classroom to allow for 20 more students.
· That the Sunroom business (previously renting space) has now left the property which means all trucks and employees have also left.
· That Quinnipiack Valley Health District approved the application on June 28, 2010.
In discussion, Commission members noted:
That the Commission needs to have the Fire Marshal approval for public safety.
Now that the trucking company has moved out, how many more additional parking spaces are there? (Ms. Consoli responded 10 more parking spaces with a total of 27.)
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Spear and seconded by Winer to approve the following resolution for Application #2010-014:
Whereas, Kathy Consoli, owner of 234 Amity Road, applied on July 7, 2010, to the Bethany Planning and Zoning Commission for a Change of Use Permit (Application #2010-014) to expand the existing Surreybrook Preschool and Child Development Center, LLC into all other portions of the building known as 234 Amity Road (as shown on the floor plan submitted June 25, 2010). There shall be a maximum of 92 children and 17 staff members;
Whereas, the Commission, at its regular meeting of July 7, 2010, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to expand the existing Surreybrook Preschool and Child Development Center, LLC into all other portions of the building known as 234 Amity Road (as shown on the floor plan submitted June 25, 2010). There shall be a maximum of 92 children and 17 staff members;
Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;
Now Therefore, the Commission makes the following findings of fact:
1) John Laudano, Quinnipiack Valley Health District Representative, signed off on the back of the application form on June 28, 2010, indicating that the subsurface sewage disposal system is only approved for 92 children.
2) Roderick White, Fire Marshal, signed off on the back of the application form on June 28, 2010, indicating his approval.
3) Ronald Walters of the SCC Regional Water Authority submitted a letter dated June 23, 2010, in which he stated he has no comments regarding the expansion of the daycare.
Now Therefore Be It Resolved, that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to April 7, 2010, the Bethany Planning and Zoning Commission approves the Change of Use Permit to expand the existing Surreybrook Preschool and Child Development Center, LLC into all other portions of the building known at 234 Amity Road, as shown on floor plan submitted June 25, 2010, as presented in the application, statement of use and testimony and with the following conditions:
1) This approval is for a maximum of 92 children.
2) A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
3) The Fire Marshal must sign off prior to a certificate of occupancy.
4) A site plan depicting emergency access and additional parking spaces must be submitted and approved by the Fire Marshal when building permits are applied for.
Vote: 5 to 0.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
PUBLIC HEARING
116 Sperry Road, Application #2010-013 submitted by Claire Wiseman for a Special Exception Permit for an Indoor Riding Ring, Addition to Barn, and Paddocks -
At 7:39 p.m., Chairman Huxley called to order the public hearing on Application #2010-013 for a Special Exception Permit for an Indoor Riding Ring, Addition to Barn and Paddocks. 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 South Central Connecticut Regional Water Authority to the Inland Wetlands Commission, dated June 4, 2010, Re: Review comments on 116 Sperry Road, indoor riding arena and barn addition.
Exhibit 1B – Copy of Inland Wetlands Permit #1148 approved on June 28, 2010, for the construction of a covered riding arena, an addition to existing barn and associated construction located at 116 Sperry Road.
Exhibit 1C –Letter from Quinnipiack Valley Health District, dated July 6, 2010, Re: Review comments on 116 Sperry Road, proposed indoor riding ring, addition to barn and paddocks.
Exhibit 1D – Letter from Quinnipiack Valley Health District to John Paul Garcia, dated July 6, 2010, Re: 116 Sperry Road, B100a Proposal for replacement system for existing house, relocation of existing barn, construction of new indoor riding area and paddock area.
Present to speak on behalf of the applicant was John Paul Garcia, L.S./P.E., representing Ms. Wiseman, applicant, who was also present.
Mr. Garcia reviewed the proposed project noting:
· That it is the intent of the applicant to move the small barn forward and construct an 80 foot by 120 foot indoor riding ring.
· That the revised plans, revised to June 16, 2010, encompasses all the requirements and comments from the Regional Water Authority and the Inland Wetlands Commission.
· That this is not a commercial application. This for a private use for the applicant who is purchasing the property.
· That the Quinnipiack Valley Health District is concerned with the septic system proposed under a paddock.
In discussion, Commission members noted:
· The Commission needs to see a lighting plan with full cutoff lighting.
· The Commission would like a reply from the Regional Water Authority that all their concerns were addressed in the revised plans dated June 16, 2010.
· The Commission recommends that the manure storage area be moved to comply with the Zoning Regulations.
The Commission scheduled a site visit for Saturday, July 10, 2010, at 8:30 a.m. Commission members to meet at the subject property.
Chairman Huxley then asked if there were any comments from the public. There were no comments from the public.
At 8:06 p.m., Chairman Huxley recessed the public hearing and continued it to the next regular meeting on Wednesday, August 4, 2010, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall.
Continued with OLD BUSINESS
3) 375 Bethmour Road, Application #2010-015 submitted by John and Kimberly Migliaro for a Home Occupation Permit for Cabinetry –
The Commission formally received the application. Present to speak on behalf of this application was John Migliaro, applicant and owner of record.
Mr. Migliaro reviewed the proposed project noting:
· That there will be no retail traffic.
· That he would eventually like to have employees.
· That this business is a small operation out of his basement.
· That there are no excessive commercial tools.
· That the operation is inside a closed space.
· That the work is primarily residential.
The Commission received an anonymous letter dated June 25 and June 29, 2010, Re: Opposed of approval of Home Occupation Permit at 375 Bethmour Road due to excessive noise.
Hiram Peck, Planning Consultant, stated that the best way to control the noise is that when the shop is in operation, the doors should be closed to keep the noise down and contained.
In discussion, Commission members noted:
That a condition of approval be that the noise nuisance be revisited in a few months.
That one way to keep noise contained is to install brown board/sound board on walls.
That the barn on the property would be a better location for the business but needs to be renovated.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Ford and seconded by Shurtleff to approve the following resolution for Application #2010-015:
Whereas, John & Kimberly Migliaro, owners of 375 Bethmour Road, applied to the Planning and Zoning Commission for a Home Occupation Permit (Application #2010-015) to operate a cabinetry business limited to the basement and garage area on the property; and
Whereas, the Commission at its regular meeting of July 7, 2010, 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 from Quinnipiack Valley Health District signed off on the back of the application form on July 7, 2010, indicating her approval.
2) Roderick White, Fire Marshal, signed off on the back of the application form on July 7, 2010, indicating his approval.
Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4(b) of the Town of Bethany Zoning Regulations, amended to April 7, 2010, the Bethany Planning and Zoning Commission approves the Home Occupation Application of John and Kimberly Migliaro to operate a home occupation of a cabinetry manufacturing business at 375 Bethmour Road limited to the basement and garage area as presented in the application, statement of use and testimony and with the following conditions:
1) The hours of operations will be Monday through Saturday, 7:30 a.m. to 5:30 p.m.
2) Work is limited to the basement and garage area.
3) No more than two (2) employees.
4) Revisit the site in six (6) months if there is a noise nuisance.
Vote: 5 to 0.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
4) 29 Hunter’s Trail, Discussion with Lou Cuomo pertaining to boarding stable and living quarters in the stable – Present for this discussion was Mr. Lou Cuomo, owner of record. The ZEO stated that Mr. Cuomo came to her to discuss what his options would be if he gives his home to his son and constructs a living quarters in the barn for himself. The ZEO stated that in the Zoning Regulations Section 4.4.I.1 it states that 6 acres is required for living quarters in a horse stable and Mr. Cuomo stated he has 5.78 acres. The Commission discussed this matter with Mr. Cuomo and would like the ZEO to do research on this Section of the regulations for clarification and report back to the Commission at the next meeting. Tabled.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO, reported on the following:
185 Beacon Road, Cusano – The owners allowed our soil scientist to go on their property and we have not received a report back yet.
437 Fairwood Road, Grieger - Operation on Fairwood Road. The owner needs to file mylar for the lot split and easements. The owner not in agreement with the bond amount set by Diversified Technology Consultants. Chairman Huxley recommended that the Town Attorney write a letter to Mr. Grieger as to what needs to be done along with the Cease and Desist.
OLD BUSINESS
1. 116 Sperry Road, Application #2010-013 submitted by Claire Wiseman for a Special Exception Permit for an Indoor Riding Ring, Addition to Barn, Paddocks – Hearing continued to August 4, 2010. Site Visit scheduled for July 10, 2010. Tabled.
2. Proposed amendment to the Bethany Zoning Regulations to add Section 5A – Permitting, Construction, Operation, Maintenance and Abandonment of Small Wind Energy Systems – Tabled.
3. Revised Draft of the Town Plan of Conservation and Development – Hiram Peck, Planning Consultant, distributed sample copies of the Town Plan that were prepared by the graphic artist. Commission members reviewed and made suggestions. Mr. Peck will have changes made and report back to the Commission at the next regular meeting, August 4, 2010. Tabled.
4. Discuss increasing application fees – Tabled.
5. Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.
6. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.
7. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.
8. Update on Halter Estates – Tabled.
It was moved by Ford and seconded by Spear to adjourn the regular meeting at 9:15 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
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:
Sharon Huxley, Chairman
Melissa Spear, Vice-Chairman
John Ford IV, Member
Mary Shurtleff, Member
Patricia Winer, Member
Donald Shea Jr., Alternate Member, seated as second voting member as needed.
Marc Adelberg, Alternate Member, seated as first voting member as needed.
The following Commission member was excused or absent:
Nellie Rabinowitz, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Assistant Enforcement Officer
Hiram Peck, Planning Consultant
ELECTION OF OFFICERS AND APPOINTMENT OF STAFF
Mary Shurtleff prepared a proposed Slate of Officers for the term of July 2010 to June 2011. The nominations were as follows:
Chair: Sharon Huxley
Vice-Chair: Melissa Spear
Secretary: Mary Shurtleff
Alternate Secretary: Patricia Winer
Representative to the South Central Regional Planning Commission: Sharon Huxley
Alternate Representative to the South Central RPC: Mary Shurtleff
Representative to the West Rock Ridge State Park Council: Steve Massey
It was moved by Spear and seconded by Winer to accept and approve the Slate of Officers as submitted for the term of July 2010 to June 2011.
Unanimous approval.
Chairman Huxley stated the Commission needs to appoint the following Staff:
Planner – Hiram Peck
Zoning Enforcement Officer – Isabel Kearns
Assistant ZEO – Karen Walton
Clerk – Antonia Marek
It was moved by Winer and seconded by Ford to accept and approve the appointment of Staff as submitted for the term of July 2010 to June 2011.
Unanimous approval.
APPROVAL OF MINUTES
1. It was moved by Shea and seconded by Ford to approve the minutes of the June 2, 2010, Regular Meeting with the following corrections:
· Page 24, Item #7, first sentence – Reads “Hiram Peck, Planning Consultant, stated that he contacted a graphic firm that he has previously used pertaining for the completion of the revised Town Plan for formatting and cleaning up and is requesting the Commission’s approval for the cost. Mr. Peck is recommending this firm to the Commission and stated when he gets the final draft; he will submit the draft to the Commission for review.” Change to “Pertaining to the completion of the revised Town Plan, Hiram Peck, Planning Consultant, stated that he has contacted a graphic’s firm that he has previously used pertaining to the formatting and cleaning up of the Town Plan and is requesting the Commission’s approval for the cost. Mr. Peck stated that when he receives the final draft, he will submit the draft to the Commission for review.
Voting for: Huxley, Ford, Shurtleff, Shea, Adelberg.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from SCC Regional Water Authority to the IWC, dated June 4, 2010, Re: Review comments on 116 Sperry Road, indoor riding arena and barn addition.
2. Copy of Inland Wetlands Permit #1148 approved on June 28, 2010, for the construction of a covered riding arena, an addition to existing barn and associated construction located at 116 Sperry Road.
3. Letter from Quinnipiack Valley Health District, dated July 6, 2010, Re: Review comments on 116 Sperry Road, proposed indoor riding ring, addition to barn and paddocks.
4. Letter from Ravenswood Homes, dated June 16, 2010, Re: 34 Schaffer Road, 3-lot subdivision, Lot #2, release of bond for driveway installation and trench drain.
5. Letter from SCC Regional Water Authority, dated June 23, 2010, Re: Review comments on 234 Amity Road, daycare expansion.
6. Anonymous letter, dated June 25 and June 29, 2010, Re: Opposed to business located at 375 Bethmour Road.
7. Letter from IWC to Board of Selectmen, dated June 29, 2010, Re: Requesting the Inland Wetlands and Watercourses Fee Schedule be unincorporated from the Code of the Town of Bethany.
Hiram Peck, Planning Consultant, stated the IWC can request the Board of Selectmen to make this change and Mr. Peck has some suggestions on the pros and cons of this. Chairman Huxley, asked Mr. Peck to have his suggestions prepared for the next regular meeting on August 4, 2010.
8. Email from Eugene Livshits of SCC Regional Planning Commission, dated June 8, 2010, Re: Town of Prospect proposed Zoning Text Amendment to add Gunsmith Activities.
9. Letter from SCC Regional Planning Commission, dated June 11, 2010, Re: Response to Town of Prospect proposed Zoning Text Amendment to add Gunsmith Activities.
10. Email from Eugene Livshits of SCC Regional Planning Commission, dated June 28, 2010, Re: Town of Hamden proposed Zoning Regulation Amendments to correct errors to allow for the keeping of hens.
BILLS
1. It was moved by Spear and seconded by Shurtleff to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for June 2010, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
2. It was moved by Shurtleff and seconded by Winer to approve the payment of a bill for $95.00, dated June 2, 2010, from John McLeod (Court Stenographer) for recording services for public hearings (437 and 443 Fairwood Road, 3 Northrop Road, Proposed Zoning Amendments).
Unanimous approval.
It was moved by Spear and seconded by Shurtleff to move to the items of New Business.
Unanimous approval.
NEW BUSINESS
1) 34 Schaffer Road (3-Lot Subdivision) – Discussion with Ravenswood Homes on bonding for drainage – Richard Fiske of Ravenswood Homes, submitted a letter dated June 16, 2010, pertaining to this matter but was not present at the meeting. Isabel Kearns, ZEO, stated that there is a drainage issue with Lot 2 on Schaffer Road and the owner of record failed to add to the new owner contract the requirement of posting a bond for the driveway drainage. Ms. Kearns stated she contacted the Town Attorney and he directed her not to release the bond for the public improvements until the driveway drainage is completed. Chairman Huxley directed Ms. Kearns to ask the Town Attorney to prepare a letter concerning this matter and send to Ravenswood Homes, the Board of Selectmen and the Planning and Zoning Commission.
2) 234 Amity Road, Application #2010-014 submitted by Surreybrook Preschool, LLC to modify the existing permit to expand the existing daycare facility to allow for 20 additional students and 2 additional staff –
The Commission formally received the application. Present to speak on behalf of this application was Kathy Consoli, Member, for Surreybrook Real Estate, LLC.
Ms. Consoli reviewed the proposed project noting:
· That Surreybrook Preschool will take over the vacant space that was previously rented and add another classroom to allow for 20 more students.
· That the Sunroom business (previously renting space) has now left the property which means all trucks and employees have also left.
· That Quinnipiack Valley Health District approved the application on June 28, 2010.
In discussion, Commission members noted:
That the Commission needs to have the Fire Marshal approval for public safety.
Now that the trucking company has moved out, how many more additional parking spaces are there? (Ms. Consoli responded 10 more parking spaces with a total of 27.)
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Spear and seconded by Winer to approve the following resolution for Application #2010-014:
Whereas, Kathy Consoli, owner of 234 Amity Road, applied on July 7, 2010, to the Bethany Planning and Zoning Commission for a Change of Use Permit (Application #2010-014) to expand the existing Surreybrook Preschool and Child Development Center, LLC into all other portions of the building known as 234 Amity Road (as shown on the floor plan submitted June 25, 2010). There shall be a maximum of 92 children and 17 staff members;
Whereas, the Commission, at its regular meeting of July 7, 2010, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to expand the existing Surreybrook Preschool and Child Development Center, LLC into all other portions of the building known as 234 Amity Road (as shown on the floor plan submitted June 25, 2010). There shall be a maximum of 92 children and 17 staff members;
Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;
Now Therefore, the Commission makes the following findings of fact:
1) John Laudano, Quinnipiack Valley Health District Representative, signed off on the back of the application form on June 28, 2010, indicating that the subsurface sewage disposal system is only approved for 92 children.
2) Roderick White, Fire Marshal, signed off on the back of the application form on June 28, 2010, indicating his approval.
3) Ronald Walters of the SCC Regional Water Authority submitted a letter dated June 23, 2010, in which he stated he has no comments regarding the expansion of the daycare.
Now Therefore Be It Resolved, that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to April 7, 2010, the Bethany Planning and Zoning Commission approves the Change of Use Permit to expand the existing Surreybrook Preschool and Child Development Center, LLC into all other portions of the building known at 234 Amity Road, as shown on floor plan submitted June 25, 2010, as presented in the application, statement of use and testimony and with the following conditions:
1) This approval is for a maximum of 92 children.
2) A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
3) The Fire Marshal must sign off prior to a certificate of occupancy.
4) A site plan depicting emergency access and additional parking spaces must be submitted and approved by the Fire Marshal when building permits are applied for.
Vote: 5 to 0.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
PUBLIC HEARING
116 Sperry Road, Application #2010-013 submitted by Claire Wiseman for a Special Exception Permit for an Indoor Riding Ring, Addition to Barn, and Paddocks -
At 7:39 p.m., Chairman Huxley called to order the public hearing on Application #2010-013 for a Special Exception Permit for an Indoor Riding Ring, Addition to Barn and Paddocks. 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 South Central Connecticut Regional Water Authority to the Inland Wetlands Commission, dated June 4, 2010, Re: Review comments on 116 Sperry Road, indoor riding arena and barn addition.
Exhibit 1B – Copy of Inland Wetlands Permit #1148 approved on June 28, 2010, for the construction of a covered riding arena, an addition to existing barn and associated construction located at 116 Sperry Road.
Exhibit 1C –Letter from Quinnipiack Valley Health District, dated July 6, 2010, Re: Review comments on 116 Sperry Road, proposed indoor riding ring, addition to barn and paddocks.
Exhibit 1D – Letter from Quinnipiack Valley Health District to John Paul Garcia, dated July 6, 2010, Re: 116 Sperry Road, B100a Proposal for replacement system for existing house, relocation of existing barn, construction of new indoor riding area and paddock area.
Present to speak on behalf of the applicant was John Paul Garcia, L.S./P.E., representing Ms. Wiseman, applicant, who was also present.
Mr. Garcia reviewed the proposed project noting:
· That it is the intent of the applicant to move the small barn forward and construct an 80 foot by 120 foot indoor riding ring.
· That the revised plans, revised to June 16, 2010, encompasses all the requirements and comments from the Regional Water Authority and the Inland Wetlands Commission.
· That this is not a commercial application. This for a private use for the applicant who is purchasing the property.
· That the Quinnipiack Valley Health District is concerned with the septic system proposed under a paddock.
In discussion, Commission members noted:
· The Commission needs to see a lighting plan with full cutoff lighting.
· The Commission would like a reply from the Regional Water Authority that all their concerns were addressed in the revised plans dated June 16, 2010.
· The Commission recommends that the manure storage area be moved to comply with the Zoning Regulations.
The Commission scheduled a site visit for Saturday, July 10, 2010, at 8:30 a.m. Commission members to meet at the subject property.
Chairman Huxley then asked if there were any comments from the public. There were no comments from the public.
At 8:06 p.m., Chairman Huxley recessed the public hearing and continued it to the next regular meeting on Wednesday, August 4, 2010, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall.
Continued with OLD BUSINESS
3) 375 Bethmour Road, Application #2010-015 submitted by John and Kimberly Migliaro for a Home Occupation Permit for Cabinetry –
The Commission formally received the application. Present to speak on behalf of this application was John Migliaro, applicant and owner of record.
Mr. Migliaro reviewed the proposed project noting:
· That there will be no retail traffic.
· That he would eventually like to have employees.
· That this business is a small operation out of his basement.
· That there are no excessive commercial tools.
· That the operation is inside a closed space.
· That the work is primarily residential.
The Commission received an anonymous letter dated June 25 and June 29, 2010, Re: Opposed of approval of Home Occupation Permit at 375 Bethmour Road due to excessive noise.
Hiram Peck, Planning Consultant, stated that the best way to control the noise is that when the shop is in operation, the doors should be closed to keep the noise down and contained.
In discussion, Commission members noted:
That a condition of approval be that the noise nuisance be revisited in a few months.
That one way to keep noise contained is to install brown board/sound board on walls.
That the barn on the property would be a better location for the business but needs to be renovated.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Ford and seconded by Shurtleff to approve the following resolution for Application #2010-015:
Whereas, John & Kimberly Migliaro, owners of 375 Bethmour Road, applied to the Planning and Zoning Commission for a Home Occupation Permit (Application #2010-015) to operate a cabinetry business limited to the basement and garage area on the property; and
Whereas, the Commission at its regular meeting of July 7, 2010, 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 from Quinnipiack Valley Health District signed off on the back of the application form on July 7, 2010, indicating her approval.
2) Roderick White, Fire Marshal, signed off on the back of the application form on July 7, 2010, indicating his approval.
Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4(b) of the Town of Bethany Zoning Regulations, amended to April 7, 2010, the Bethany Planning and Zoning Commission approves the Home Occupation Application of John and Kimberly Migliaro to operate a home occupation of a cabinetry manufacturing business at 375 Bethmour Road limited to the basement and garage area as presented in the application, statement of use and testimony and with the following conditions:
1) The hours of operations will be Monday through Saturday, 7:30 a.m. to 5:30 p.m.
2) Work is limited to the basement and garage area.
3) No more than two (2) employees.
4) Revisit the site in six (6) months if there is a noise nuisance.
Vote: 5 to 0.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
4) 29 Hunter’s Trail, Discussion with Lou Cuomo pertaining to boarding stable and living quarters in the stable – Present for this discussion was Mr. Lou Cuomo, owner of record. The ZEO stated that Mr. Cuomo came to her to discuss what his options would be if he gives his home to his son and constructs a living quarters in the barn for himself. The ZEO stated that in the Zoning Regulations Section 4.4.I.1 it states that 6 acres is required for living quarters in a horse stable and Mr. Cuomo stated he has 5.78 acres. The Commission discussed this matter with Mr. Cuomo and would like the ZEO to do research on this Section of the regulations for clarification and report back to the Commission at the next meeting. Tabled.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO, reported on the following:
185 Beacon Road, Cusano – The owners allowed our soil scientist to go on their property and we have not received a report back yet.
437 Fairwood Road, Grieger - Operation on Fairwood Road. The owner needs to file mylar for the lot split and easements. The owner not in agreement with the bond amount set by Diversified Technology Consultants. Chairman Huxley recommended that the Town Attorney write a letter to Mr. Grieger as to what needs to be done along with the Cease and Desist.
OLD BUSINESS
1. 116 Sperry Road, Application #2010-013 submitted by Claire Wiseman for a Special Exception Permit for an Indoor Riding Ring, Addition to Barn, Paddocks – Hearing continued to August 4, 2010. Site Visit scheduled for July 10, 2010. Tabled.
2. Proposed amendment to the Bethany Zoning Regulations to add Section 5A – Permitting, Construction, Operation, Maintenance and Abandonment of Small Wind Energy Systems – Tabled.
3. Revised Draft of the Town Plan of Conservation and Development – Hiram Peck, Planning Consultant, distributed sample copies of the Town Plan that were prepared by the graphic artist. Commission members reviewed and made suggestions. Mr. Peck will have changes made and report back to the Commission at the next regular meeting, August 4, 2010. Tabled.
4. Discuss increasing application fees – Tabled.
5. Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.
6. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.
7. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.
8. Update on Halter Estates – Tabled.
It was moved by Ford and seconded by Spear to adjourn the regular meeting at 9:15 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
BOARD OF SELECTMEN
JULY 12, 2010
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Dawn Brinton
First Selectwoman Gorski called the meeting to order at 7:40 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. Accounts Payable check signing was completed as the first order of business. First Selectwoman Gorski asked 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 June 28, 2010. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. There were no changes made to the minutes of that meeting. The vote taken was two (2) yes votes for approval as submitted. Selectman Thornquist abstained as he was absent from that meeting.
FEES FOR USE OF PAVILION AT VETERANS MEMORIAL PARK
The Selectmen opened discussion regarding the fee schedule for use of the pavilion at Veterans Memorial Park as prepared by the Park and Recreation Commission. Modifications were made to this schedule by the Selectmen and Attorney McSherry. The fee schedule will now become part of the Veterans Memorial Park Facility Use Permit.
STOP SIGN INTERSECTION OF BEAR HILL ROAD AND HOP BROOK ROAD
First Selectwoman Gorski discussed with TFC David Merriam the need for a stop sign at Hop Brook Road and Bear Hill Road intersection. TFC Merriam felt that perhaps roadside trimming could improve the visibility at this intersection. No action was taken at this time to approve a stop sign at this site.
FALLS ROAD AND FAIRWOOD ROAD INTERSECTION
The Selectmen discussed placement of an additional stop sign at the intersection of Falls Road and Fairwood Road, to create a four way stop at this location as recommended by TFC Merriam. Following discussion Selectman Thornquist moved to place the stop sign as recommended by TFC Merriam to create a four way stop at Falls Road and Fairwood Road intersection. The motion was seconded by Selectman Shea. The vote taken was unanimous.
CORRESPONDENCE
Correspondence was received by the Selectmen from George and Barbara Welker regarding a visibility problem at the intersection of Route 69 and Rainbow Road. The Welker’s are concerned that exiting Rainbow Road on to Route 69 to go north is very dangerous. They would also like brush cut on the southerly side of this intersection to improve visibility. First Selectwoman Gorski has notified the DOT of their concern as this is a State highway. During a previous administration a study of that intersection was completed by the State of Connecticut. The State did acknowledge that it was a bad intersection, however as there was no record of any serious incidents the only way to correct site vision would be to completely re-grade Route 69 in that area and they would not recommend this due to cost. The Welkers also wanted it noted that they felt the new design and replacement of compactors at the Recycling Center was not well planned, and certainly no improvement over the previous arrangement.
LAND ACQUISITION
The Selectmen had a brief general discussion regarding Land Acquisition.
ADJOURNMENT
Adjournment was called at 8:45 p.m. after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
JULY 12, 2010
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Dawn Brinton
First Selectwoman Gorski called the meeting to order at 7:40 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. Accounts Payable check signing was completed as the first order of business. First Selectwoman Gorski asked 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 June 28, 2010. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. There were no changes made to the minutes of that meeting. The vote taken was two (2) yes votes for approval as submitted. Selectman Thornquist abstained as he was absent from that meeting.
FEES FOR USE OF PAVILION AT VETERANS MEMORIAL PARK
The Selectmen opened discussion regarding the fee schedule for use of the pavilion at Veterans Memorial Park as prepared by the Park and Recreation Commission. Modifications were made to this schedule by the Selectmen and Attorney McSherry. The fee schedule will now become part of the Veterans Memorial Park Facility Use Permit.
STOP SIGN INTERSECTION OF BEAR HILL ROAD AND HOP BROOK ROAD
First Selectwoman Gorski discussed with TFC David Merriam the need for a stop sign at Hop Brook Road and Bear Hill Road intersection. TFC Merriam felt that perhaps roadside trimming could improve the visibility at this intersection. No action was taken at this time to approve a stop sign at this site.
FALLS ROAD AND FAIRWOOD ROAD INTERSECTION
The Selectmen discussed placement of an additional stop sign at the intersection of Falls Road and Fairwood Road, to create a four way stop at this location as recommended by TFC Merriam. Following discussion Selectman Thornquist moved to place the stop sign as recommended by TFC Merriam to create a four way stop at Falls Road and Fairwood Road intersection. The motion was seconded by Selectman Shea. The vote taken was unanimous.
CORRESPONDENCE
Correspondence was received by the Selectmen from George and Barbara Welker regarding a visibility problem at the intersection of Route 69 and Rainbow Road. The Welker’s are concerned that exiting Rainbow Road on to Route 69 to go north is very dangerous. They would also like brush cut on the southerly side of this intersection to improve visibility. First Selectwoman Gorski has notified the DOT of their concern as this is a State highway. During a previous administration a study of that intersection was completed by the State of Connecticut. The State did acknowledge that it was a bad intersection, however as there was no record of any serious incidents the only way to correct site vision would be to completely re-grade Route 69 in that area and they would not recommend this due to cost. The Welkers also wanted it noted that they felt the new design and replacement of compactors at the Recycling Center was not well planned, and certainly no improvement over the previous arrangement.
LAND ACQUISITION
The Selectmen had a brief general discussion regarding Land Acquisition.
ADJOURNMENT
Adjournment was called at 8:45 p.m. after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
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