BOARD OF SELECTMEN
MONDAY, AUGUST 8, 2011
Page 1 of 4
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Ben Rosenbloom, Erwin Steward, Kathleen Schurman
First Selectwoman Derrylyn Gorski called the meeting of the Board of Selectmen to order at 7:32 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was signing of the accounts payable checks. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.
ADDITION TO AGENDA
Selectman Shea moved to add Woods Road to the agenda of this meeting. Selectman Thornquist seconded the motion. The vote taken was unanimous.
WOODS ROAD
Erwin Steward and Ben Rosenbloom were present to discuss with the Selectmen the condition of Woods Road. Woods is a private road off of route 69. According to maps on file, this sub-division was created in 1936. There are eighteen homes on Woods Road. The road is presently in a state of disrepair. Mr. Steward and Mr. Rosenbloom were making inquiries whether the Town could do the repair and then place an assessment on each homeowner to recoup the money. The Rosenbloom’s, who have lived on Woods Road for ten years, indicated they had gotten an estimate a few years ago to do repair work. At that time the cost would have been about $3,000 to $5,000 from each resident to repair and repave the road. Erwin Steward indicated that he feels that the road is a safety hazard. Attorney McSherry will determine what is legally feasible and will email Mr. Rosenbloom the proper wording for a Bethany Woods cost and maintenance equal share agreement on which he could obtain signatures.
APPROVAL OF MINUTES
Selectman Thornquist moved to accept the minutes of the meeting of July 19, 2011 with the following revisions.
First Selectwoman Gorski asked Public Works Director Al Green for his recommendation. Mr. Green recommended the John Deere based on operator evaluations and safety features, citing driver egress from both sides of the John Deere and the Caterpillar vs. only left side egress from the Case as one example. First Selectwoman Gorski asked the Selectmen for their comments regarding the awarding of the backhoe bid. Selectman Shea felt that for the use this backhoe would be getting there was no need to spend the extra money to purchase the John Deere with all the bells and whistles. Selectman Thornquist had spoken to another town about their equipment, that town has 20 employees who evaluated the same three machines using each machine for one week. They all preferred the John Deere; however, the Deere could not be delivered in time and so they purchased the Caterpillar. (No marked opinion on any machines was given). First Selectwoman Gorski indicated that “the way we use a machine and drive it to each job, some of which can be 10 miles from the town garage, rather than to trailer it, make her feel that ride control is an important feature for us, both the Caterpillar and the John Deere have ride control, the Case does no. She felt that it was important to consider the employee evaluations which had rated the John Deere the highest. Of a possible 192 points, the average for the John Deere was 172, the Caterpillar was 162 and the Case was 148. On a scale of 1-6 with 1 and 2 being poor design, only the Case received that rating, and it was rated either a 1 or a 2 by all 5 operators for the same feature-“easy operation of the boom lock”. That is the same technology as the 17 year-old Case we have now and sometimes, the boom goes into the lock position causing material in the bucket to be deposited into the operator compartment and onto the operator. The John Deere also has 3 modes of operation, so that the operator can slow down the machine when working with a man guiding a 4,000 lb. sump into place. Both the Caterpillar and the John Deere have a banana boom allowing the operator to work more precisely in tight spaces, the Case has a straight boom. She also favored the John Deere, because employee safety around the John Deere with features the other machines did not have would be better, especially the fact that the controls are in the armrest, allowing the operator to always be facing the work, a feature unique to the John Deere . Selectman Thornquist then moved a motion to purchase the John Deere backhoe. Selectman Shea seconded the motion. Further discussion followed. The motion was called. First Selectwoman Gorski and Selectman Thornquist voted to accept the bid of John Deere for $138,550 including auger based on the recommendation of DPW Director Green; the operator evaluations and precision and safety features. Selectman Shea voted no as he felt that paying $22,750 more for a machine that would do basically the same work was a lot of dollars to spend extra in this economy.
Selectman Shea seconded the motion. The vote taken was unanimous to accept as amended.
Selectman Shea moved to accept the minutes of the meeting of July 25, 2011. The motion was seconded by Selectman Thornquist. The vote taken was unanimous to accept without change.
WAIVE RENTAL FEE FOR VETERANS MEMORIAL PARK PAVILION
Christ Episcopal Church has requested waiving of the fee to use the Pavilion at Veterans Memorial Park on September 11, 2011 for a service. Following a brief discussion Selectman Shea moved a motion to waive the fee for use of the Pavilion by Christ Episcopal Church. Selectman Thornquist seconded the motion. The vote taken was unanimous.
CHARGE AND APPOINTMENTS TO THE LONG TERM FINANCIAL COMMITTEE
Selectman Thornquist moved the following charge for the Long Term Financial Committee:
The Long Term Financial Planning Committee (the “LTFPC or the “Committee”) of the Town of Bethany shall be charged with the responsibility of developing a 5 year financial plan for the Town. The LTFPC will address the strategic investments that may be necessary for the Town of Bethany. The development of the Long term Financial Plan will also incorporate the impact of demographic changes,
Economic trends, state funding projections, financing requirements, revenue trends, town educational and recreational needs as well as any other pertinent factors deemed significant.
The LTPFC is a five-member committee appointed for a one-year term (renewable) appointed by the Board of Selectmen. The LTFPC is comprised on two members of the Finance Committee and three members at-large. The First Selectman or designee serves as an ex-officio member.
The LTPFC’s charge of duties is as follows: The LTFPC shall define and study factors impacting future revenue, expenditure and capital needs. The LTFPC shall consider the relative needs, impact, timing, cost and funding impacts and use them to develop a proposed 5 year plan (or plans if multiple scenarios are deemed necessary) in the form of a projection for each of the next 5 years for general fund revenue, expenditures, debt and fund balance and capital projects/spending. The LTFPC shall include in their report their assumptions and data sources as well as any recommendations and action items for the next five fiscal years, and present the report to the Selectmen and Finance Committee for their consideration and at a Town Meeting for its approval.
Selectman Thornquist seconded the motion. The vote taken was unanimous.
APPOINTMENT TO LONG TERM FINANCIAL COMMITTEE
Selectman Thornquist moved to appoint Stephen Squinto to a term on the Long Term Financial Committee. Selectman Shea seconded the motion. The vote taken was unanimous.
EAGLE SCOUT PROJECT
The Eagle Scout Project as listed on the agenda was tabled because the his presentation was incomplete.
APPOINTMENTS TO INLAND WETLANDS COMMISSION
Selectman Shea moved to appoint Lisa Gaw as a full member of the Inland Wetlands Commission. Selectman Thornquist seconded the motion. The vote taken was unanimous.
Selectman Thornquist moved to appoint Roger Hathaway as a full member of the Inland Wetlands Commission. Selectman Shea seconded the motion. The vote taken was unanimous.
Selectman Thornquist moved to remove John Kane as a member of the Inland Wetlands Commission as he has been unable to attend a meeting for the last year. Selectman Shea seconded the motion. The vote taken was unanimous.
The motion was made by Selectman Thornquist and seconded by Selectman Shea to move Brian Smith from an alternate to a full member of the Inland Wetlands Commission.
BOARD OF ASSESSMENT APPEALS
A motion was moved by Selectman Shea and seconded by Selectman Thornquist to appoint John Ford IV as a member of the Board of Assessment Appeals. Selectman Thornquist seconded the motion. The vote taken was unanimous.
CORRESPONDENCE
Correspondence was received from the Regional Water Authority indicating that the past two years have been the wettest on record.
ADJOURNMENT
Adjournment was called at 8:25 p.m. after a motion was moved by Selectman Thornquist and seconded by Selectman Shea.
Respectfully submitted,
Minutes transcribed by June G. Riley
Secretary, Board of Selectman
Minutes taken by Attorney Kevin McSherry
Town Counsel
Tuesday, August 9, 2011
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, AUGUST 3, 2011 Page 1 of 6
The regular meeting of the Planning and Zoning Commission was called to order at 7:03 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Commission members were present:
Melissa Spear, Chair
Mary Shurtleff, Vice-Chair
Patricia Winer, Member
Kimberly McClure Brinton, Member
Marc Adelberg, Alternate Member
Nellie Rabinowitz, Alternate Member
Donna Shea, Alternate Member, seated as a voting member
The following Commission member was absent or excused:
Michael Calhoun, Member
Also present were:
Hiram Peck, Planning Consultant
Karen Hubbell, Assistant Zoning Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Winer and seconded by Spear to approve, as submitted, the minutes of the June 29, 2011, Special Meeting.
Voting for: Spear, Winer, Rabinowitz.
Unanimous approval.
2. It was moved by Winer and seconded by Brinton to approve, as submitted, the minutes of the July 6 2011, Regular Meeting.
Voting for: Spear, Winer, Brinton, Rabinowitz, Shea.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Rod White, Fire Marshal, dated July 6, 2011, Re: Clarification as to the waiver request for a water source at 100 Miller Road, two-lot resubdivision.
2. Letter from Attorney Michael Alexander (representing Chris Stoyer), dated July 11, 2011, Re: Requesting an extension of time to the August Planning and Zoning Commission Meeting to respond to the conditions of the 100 Miller Road Resubdivision Approval on June 29, 2011.
3. Letter from Bruce Loomis, Chairman of the Conservation Commission, dated July 25, 2011, Re: 100 Miller Road, clarification of the Open Space portion of the recent approval of the resubdivision.
Chair Spear directed the Clerk to invite Mr. Loomis to the next regular meeting on September 7, 2011, to discuss the Open Space. Karen Hubbell, Assistant Zoning Enforcement Officer, stated she would communicate to Mr. Loomis.
4. Letter from Attorney Michael Alexander (representing Chris Stoyer), dated August 1, 2011, Re: Requesting change of appearance before the Commission to September 7, 2011, regarding zero-run off conditions in the approval, 100 Miller Road.
5. Memo from Hiram Peck, Planning Consultant, dated July 12, 2011, Re: Amendment to the Zoning Regulations, Section 6 – Prohibited Uses, Signs with internal lighting or illumination.
6. Letter from Quinnipiack Valley Health District, dated August 3, 2011, Re: Review comments on 60 Mesa Drive, Application #2011-021, recording studio.
7. Letter from Isabel Kearns, ZEO, to Frederick Nuzzo dated July 7, 2011, Re: Application #2011-018, Sign Permits – Grand Apizza of Bethany, 119 Amity Road.
8. Email from Eugene Livshits of the South Central Regional Council of Governments, dated July 29, 2011, Re: Town of Woodbridge referral regarding proposed Zoning Regulation Amendments to golf courses within a Residence A District.
BILLS
1) It was moved by Winer and seconded by Brinton to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for July 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Winer, Brinton, Shea.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
No report.
NEW BUSINESS
1) 135 Pole Hill Road, Application #2011-019 submitted by Joanna Baum for a Home Occupation Permit to operate a home office for a design business –
The Commission formally received the application. No one present to speak on behalf of this application.
Isabel Kearns, ZEO, who was not present, prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2011-019:
Whereas, Joanna Baum applied to the Planning and Zoning Commission for a home occupation permit to operate a home office for a design business on August 3, 2011;
Whereas, the Commission at its regular meeting of August 3, 2011, considered the statement of use, narrative, testimony and other pertinent application information relating to this home occupation application;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on July 18, 2011, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on July 15, 2011, 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 6, 2011, the Bethany Planning and Zoning Commission approves the application of Joanna Baum to operate an office for a design business located at 135 Pole Hill Road, as outlined in the Statement of Use dated July 8, 2011, and with the following condition:
1) There shall be no clients visiting site.
2) No signage unless a sign permit is granted.
Voting for: Spear, Shurtleff, Winer, Brinton, Shea.
Vote 5 to 0.
Unanimous approval.
2) Discussion with Christopher Stoyer regarding response to conditions of the 100 Miller Road Resubdivision Approval dated June 29, 2011 –
The Commission received a letter from Attorney Michael Alexander (representing Chris Stoyer), dated August 1, 2011, Re: Requesting change of appearance before the Commission to September 7, 2011, regarding zero-run off conditions in the approval, 100 Miller Road. Tabled.
3) Discussion with Stuart Cuthbert of 403 Fairwood Road regarding 415 Fairwood Road – operation of fencing business –
Present for this discussion was Stuart Cuthbert of 403 Fairwood Road. Mr. Cuthbert explained to the Commission that his neighbor at 415 Fairwood Road is operating a fencing business without permits at his property and has located a large dumpster on the property line. Mr. Cuthbert stated that there is a lot of debris on the lawn. Also, Mr. Cuthbert believes the owner of record is renting out the basement.
Karen Hubbell, Assistant Zoning Enforcement Officer, stated a Cease and Desist was issued on May 5, 2011.
Hiram Peck, Planning Consultant, recommended that the Zoning Enforcement Officer and the Building Official schedule a joint inspection of the property. Mr. Peck stated that if the owner refuses the Building Official entrance to the home, a different process should be taken.
Chair Spear stated that the Zoning Enforcement Officer should proceed with the violation process, the Zoning Enforcement Officer and Building Official visit the site together and the Fire Marshal should also be informed of the possible apartment in basement for safety issues.
4) Discussion with Hiram Peck, Town Planner, amendment to Zoning Regulations regarding Signs –
Hiram Peck, Planning Consultant, submitted a proposed amendment to the Zoning Regulations regarding prohibiting the use of Signs with any type of internal lighting or internal illumination.
The Commission also discussed clarifying the definitions for an indoor riding arena, barn and common driveway.
This item was deferred to the next regular meeting, September 7, 2011. Tabled.
5) 655 Litchfield Turnpike, Application #2011-020 submitted by Johanne Rousseau-Holt for a Home Occupation Permit to operate a therapeutic massage business –
The Commission formally received the application. Present to speak on behalf of this application was Johanne Rousseau-Holt, applicant and owner of record.
Mrs. Rousseau-Holt reviewed with the Commission the proposed therapeutic massage business.
Karen Hubbell, Assistant Zoning Enforcement Officer, informed the Commission that the Quinnipiack Valley Health District and the South Central Connecticut Regional Water Authority have not commented to date.
Chair Spear stated the Commission cannot act without these comments.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, September 7, 2011. Tabled.
6) 60 Mesa Drive, Application #2011-021 submitted by Shimei Fan and Richard Korb for a Home Occupation Permit to operate a sound Recording Facility -
The Commission formally received the application. Present to speak on behalf of this application was Daniel and Sophia of Global Art Entertainment, applicants.
Mr. Daniel explained to the Commission that the basement has been finished with sound proofing.
Chair Spear read letter from Sifei Wen, dated July 28, 2011, explaining the business and manner of operation.
Karen Hubbell, Assistant Zoning Enforcement Officer, stated Quinnipiack Valley Health District submitted a letter dated August 3, 2011, requesting information on a location to replace the existing subsurface sewage disposal system if needed. Mr. Daniel will meet with Ms. Hubbell to comply with the requirements of the Quinnipiack Valley Health District.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, September 7, 2011. Tabled.
OLD BUSINESS
1) 58 Miller Road, Application #2011-017 submitted by Sandra Barrett for a Home Occupation Permit to operate a cupcake and baking company –
No one was present to speak on behalf of this application.
Isabel Kearns, ZEO, who was not present, prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Winer and seconded by Brinton to approve the following resolution for Application #2011-017:
Whereas, the Planning and Zoning Commission received correspondence dated June 27, 2011, from Sandra Barrett, owner of 58 Miller Road, in which she authorizes Catherine O’Shea-Barkley to apply for a Home Occupation Permit to operate an office for a cupcake business (Pretty Much Cupcakes);
Whereas, Catherine O’Shea-Barkley applied to the Planning and Zoning Commission for a Home Occupation Permit to operate a home office for a cupcake business on July 6, 2011;
Whereas, the Commission at its regular meeting of August 3, 2011, 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:
Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on August 1, 2011, indicating her approval.
Rod White, Fire Marshal, signed off on the back of the application form on July 15, 2011 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 6, 2011, the Bethany Planning and Zoning Commission approves the application of Catherine O’Shea-Barkley to operate an office for a cupcake business (Pretty Much Cupcakes) at 58 Miller Road, as outlined in the Statement of Use dated June 27, 2011, and with the following conditions:
1) No baking shall occur at 58 Miller Road. All baking shall be done in a certified commercial kitchen.
2) There shall be no business clients on site.
3) No sign permitted unless a sign permit is granted.
4) Applicant will notify Quinnipiack Valley Health District when a commercial kitchen is found.
Voting for: Spear, Shurtleff, Winer, Brinton, Shea.
Vote 5 to 0.
Unanimous approval.
2) Discuss increasing application fees – Tabled.
It was moved by Shurtleff and seconded by Winer to adjourn the regular meeting at 8:20 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 7:03 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Commission members were present:
Melissa Spear, Chair
Mary Shurtleff, Vice-Chair
Patricia Winer, Member
Kimberly McClure Brinton, Member
Marc Adelberg, Alternate Member
Nellie Rabinowitz, Alternate Member
Donna Shea, Alternate Member, seated as a voting member
The following Commission member was absent or excused:
Michael Calhoun, Member
Also present were:
Hiram Peck, Planning Consultant
Karen Hubbell, Assistant Zoning Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Winer and seconded by Spear to approve, as submitted, the minutes of the June 29, 2011, Special Meeting.
Voting for: Spear, Winer, Rabinowitz.
Unanimous approval.
2. It was moved by Winer and seconded by Brinton to approve, as submitted, the minutes of the July 6 2011, Regular Meeting.
Voting for: Spear, Winer, Brinton, Rabinowitz, Shea.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Rod White, Fire Marshal, dated July 6, 2011, Re: Clarification as to the waiver request for a water source at 100 Miller Road, two-lot resubdivision.
2. Letter from Attorney Michael Alexander (representing Chris Stoyer), dated July 11, 2011, Re: Requesting an extension of time to the August Planning and Zoning Commission Meeting to respond to the conditions of the 100 Miller Road Resubdivision Approval on June 29, 2011.
3. Letter from Bruce Loomis, Chairman of the Conservation Commission, dated July 25, 2011, Re: 100 Miller Road, clarification of the Open Space portion of the recent approval of the resubdivision.
Chair Spear directed the Clerk to invite Mr. Loomis to the next regular meeting on September 7, 2011, to discuss the Open Space. Karen Hubbell, Assistant Zoning Enforcement Officer, stated she would communicate to Mr. Loomis.
4. Letter from Attorney Michael Alexander (representing Chris Stoyer), dated August 1, 2011, Re: Requesting change of appearance before the Commission to September 7, 2011, regarding zero-run off conditions in the approval, 100 Miller Road.
5. Memo from Hiram Peck, Planning Consultant, dated July 12, 2011, Re: Amendment to the Zoning Regulations, Section 6 – Prohibited Uses, Signs with internal lighting or illumination.
6. Letter from Quinnipiack Valley Health District, dated August 3, 2011, Re: Review comments on 60 Mesa Drive, Application #2011-021, recording studio.
7. Letter from Isabel Kearns, ZEO, to Frederick Nuzzo dated July 7, 2011, Re: Application #2011-018, Sign Permits – Grand Apizza of Bethany, 119 Amity Road.
8. Email from Eugene Livshits of the South Central Regional Council of Governments, dated July 29, 2011, Re: Town of Woodbridge referral regarding proposed Zoning Regulation Amendments to golf courses within a Residence A District.
BILLS
1) It was moved by Winer and seconded by Brinton to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for July 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Winer, Brinton, Shea.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
No report.
NEW BUSINESS
1) 135 Pole Hill Road, Application #2011-019 submitted by Joanna Baum for a Home Occupation Permit to operate a home office for a design business –
The Commission formally received the application. No one present to speak on behalf of this application.
Isabel Kearns, ZEO, who was not present, prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2011-019:
Whereas, Joanna Baum applied to the Planning and Zoning Commission for a home occupation permit to operate a home office for a design business on August 3, 2011;
Whereas, the Commission at its regular meeting of August 3, 2011, considered the statement of use, narrative, testimony and other pertinent application information relating to this home occupation application;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on July 18, 2011, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on July 15, 2011, 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 6, 2011, the Bethany Planning and Zoning Commission approves the application of Joanna Baum to operate an office for a design business located at 135 Pole Hill Road, as outlined in the Statement of Use dated July 8, 2011, and with the following condition:
1) There shall be no clients visiting site.
2) No signage unless a sign permit is granted.
Voting for: Spear, Shurtleff, Winer, Brinton, Shea.
Vote 5 to 0.
Unanimous approval.
2) Discussion with Christopher Stoyer regarding response to conditions of the 100 Miller Road Resubdivision Approval dated June 29, 2011 –
The Commission received a letter from Attorney Michael Alexander (representing Chris Stoyer), dated August 1, 2011, Re: Requesting change of appearance before the Commission to September 7, 2011, regarding zero-run off conditions in the approval, 100 Miller Road. Tabled.
3) Discussion with Stuart Cuthbert of 403 Fairwood Road regarding 415 Fairwood Road – operation of fencing business –
Present for this discussion was Stuart Cuthbert of 403 Fairwood Road. Mr. Cuthbert explained to the Commission that his neighbor at 415 Fairwood Road is operating a fencing business without permits at his property and has located a large dumpster on the property line. Mr. Cuthbert stated that there is a lot of debris on the lawn. Also, Mr. Cuthbert believes the owner of record is renting out the basement.
Karen Hubbell, Assistant Zoning Enforcement Officer, stated a Cease and Desist was issued on May 5, 2011.
Hiram Peck, Planning Consultant, recommended that the Zoning Enforcement Officer and the Building Official schedule a joint inspection of the property. Mr. Peck stated that if the owner refuses the Building Official entrance to the home, a different process should be taken.
Chair Spear stated that the Zoning Enforcement Officer should proceed with the violation process, the Zoning Enforcement Officer and Building Official visit the site together and the Fire Marshal should also be informed of the possible apartment in basement for safety issues.
4) Discussion with Hiram Peck, Town Planner, amendment to Zoning Regulations regarding Signs –
Hiram Peck, Planning Consultant, submitted a proposed amendment to the Zoning Regulations regarding prohibiting the use of Signs with any type of internal lighting or internal illumination.
The Commission also discussed clarifying the definitions for an indoor riding arena, barn and common driveway.
This item was deferred to the next regular meeting, September 7, 2011. Tabled.
5) 655 Litchfield Turnpike, Application #2011-020 submitted by Johanne Rousseau-Holt for a Home Occupation Permit to operate a therapeutic massage business –
The Commission formally received the application. Present to speak on behalf of this application was Johanne Rousseau-Holt, applicant and owner of record.
Mrs. Rousseau-Holt reviewed with the Commission the proposed therapeutic massage business.
Karen Hubbell, Assistant Zoning Enforcement Officer, informed the Commission that the Quinnipiack Valley Health District and the South Central Connecticut Regional Water Authority have not commented to date.
Chair Spear stated the Commission cannot act without these comments.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, September 7, 2011. Tabled.
6) 60 Mesa Drive, Application #2011-021 submitted by Shimei Fan and Richard Korb for a Home Occupation Permit to operate a sound Recording Facility -
The Commission formally received the application. Present to speak on behalf of this application was Daniel and Sophia of Global Art Entertainment, applicants.
Mr. Daniel explained to the Commission that the basement has been finished with sound proofing.
Chair Spear read letter from Sifei Wen, dated July 28, 2011, explaining the business and manner of operation.
Karen Hubbell, Assistant Zoning Enforcement Officer, stated Quinnipiack Valley Health District submitted a letter dated August 3, 2011, requesting information on a location to replace the existing subsurface sewage disposal system if needed. Mr. Daniel will meet with Ms. Hubbell to comply with the requirements of the Quinnipiack Valley Health District.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, September 7, 2011. Tabled.
OLD BUSINESS
1) 58 Miller Road, Application #2011-017 submitted by Sandra Barrett for a Home Occupation Permit to operate a cupcake and baking company –
No one was present to speak on behalf of this application.
Isabel Kearns, ZEO, who was not present, prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Winer and seconded by Brinton to approve the following resolution for Application #2011-017:
Whereas, the Planning and Zoning Commission received correspondence dated June 27, 2011, from Sandra Barrett, owner of 58 Miller Road, in which she authorizes Catherine O’Shea-Barkley to apply for a Home Occupation Permit to operate an office for a cupcake business (Pretty Much Cupcakes);
Whereas, Catherine O’Shea-Barkley applied to the Planning and Zoning Commission for a Home Occupation Permit to operate a home office for a cupcake business on July 6, 2011;
Whereas, the Commission at its regular meeting of August 3, 2011, 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:
Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on August 1, 2011, indicating her approval.
Rod White, Fire Marshal, signed off on the back of the application form on July 15, 2011 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 6, 2011, the Bethany Planning and Zoning Commission approves the application of Catherine O’Shea-Barkley to operate an office for a cupcake business (Pretty Much Cupcakes) at 58 Miller Road, as outlined in the Statement of Use dated June 27, 2011, and with the following conditions:
1) No baking shall occur at 58 Miller Road. All baking shall be done in a certified commercial kitchen.
2) There shall be no business clients on site.
3) No sign permitted unless a sign permit is granted.
4) Applicant will notify Quinnipiack Valley Health District when a commercial kitchen is found.
Voting for: Spear, Shurtleff, Winer, Brinton, Shea.
Vote 5 to 0.
Unanimous approval.
2) Discuss increasing application fees – Tabled.
It was moved by Shurtleff and seconded by Winer to adjourn the regular meeting at 8:20 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
Friday, July 29, 2011
BOARD OF SELECTMEN
JULY 25, 2011
Page 1 of 2
Attendance: First Selectwoman Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry
First Selectwoman Gorski called the meeting to order at 7:30 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance. The Selectmen signed the accounts payable checks.
APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion to approve the minutes of the meeting of July 11, 2011. The motion of approval was moved by Selectman Thornquist and seconded by Selectman Shea. The vote was called. The vote was unanimous.
OLD BUSINESS
REQUEST TO WAIVE RENTAL FEE FOR USE OF LAKEVIEW LODGE
B & B Transportation had requested either waiving of the rental fee or reduction in the fee for use of Lakeview Lodge in a letter to the Board of Selectmen read at the Board of Selectmen’s meeting on June 13, 2011. The decision was tabled pending receipt of further information. The Selectmen discussed use of the lodge by non-profit organizations, and for profit companies, with regard to waiving or reduction of the rental fee. It was determined that since B & B Transportation is a business providing service to the Town of Bethany, that a reduction in the rental fee would be appropriate. Selectman Thornquist moved to reduce the rental fee to $150 to B & B Transportation for use of the Lakeview Lodge for bus driver training. Selectman Shea seconded the motion. The vote taken was unanimous.
LAND TRUST REQUEST FOR DRIVEWAY PURSUANT TO SCENIC ROAD ORDINANCE 168-4C DISCUSSION AND DECISION
The request of the Bethany Land Trust for a driveway pursuant to Scenic Road Ordinance 168-4C for 152 Downs Road was discussed. The Selectmen determined that the opening in the stone wall for a driveway should only be 32 – 36 inches wide, only allowing walking access for human and equestrian traffic. Selectman Shea moved the motion to allow for a 32-36 inch opening in the stone wall at 152 Downs Road pursuant to Scenic Road Ordinance for equestrian and human access only. Selectman Thornquist seconded the motion. The vote taken was unanimous.
NEW BUSINESS
TAX REFUNDS
Selectman Thornquist moved to refund to the following a total of $2,397.26 all for overpayment of taxes.
Cab East, LLC $1,482.27
Clare T. Miller $ 63.13
D. L. Peterson Trust $ 195.10
Frank Cusello $ 29.94
GMAC Automotive Bank $ 194.62
Irena Ashton $ 74.30
Jeffrey A. Gruskay $ 36.51
Jo Wynschenk $ 3.64
Louise S. Guglotti $ 37.65
Lynn R. Leite $ 15.87
Peter or Denise Kukiel $ 20.63
Plastic Assembly Systems $ 33.22
Rebecca Spillane $ 28.82
Robert Cuneo $ 57.42
Ruth or Jason Ornstein $ 32.75
Wayne or JoAnne Bruno $ 91.39
Selectman Shea seconded the motion. The vote taken was unanimous.
CORRESPONDENCE
First Selectwoman Gorski reported that Sandy Breslin had dropped off correspondence from the South Central Regional Policy Board for the Selectmen. First Selectwoman Gorski will forward this information to the Selectmen.
ADJOURNMENT
Adjournment was called at 7:45 p.m. after a motion by Selectman Shea and seconded by Selectman Thornquist. The vote was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
JULY 25, 2011
Page 1 of 2
Attendance: First Selectwoman Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry
First Selectwoman Gorski called the meeting to order at 7:30 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance. The Selectmen signed the accounts payable checks.
APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion to approve the minutes of the meeting of July 11, 2011. The motion of approval was moved by Selectman Thornquist and seconded by Selectman Shea. The vote was called. The vote was unanimous.
OLD BUSINESS
REQUEST TO WAIVE RENTAL FEE FOR USE OF LAKEVIEW LODGE
B & B Transportation had requested either waiving of the rental fee or reduction in the fee for use of Lakeview Lodge in a letter to the Board of Selectmen read at the Board of Selectmen’s meeting on June 13, 2011. The decision was tabled pending receipt of further information. The Selectmen discussed use of the lodge by non-profit organizations, and for profit companies, with regard to waiving or reduction of the rental fee. It was determined that since B & B Transportation is a business providing service to the Town of Bethany, that a reduction in the rental fee would be appropriate. Selectman Thornquist moved to reduce the rental fee to $150 to B & B Transportation for use of the Lakeview Lodge for bus driver training. Selectman Shea seconded the motion. The vote taken was unanimous.
LAND TRUST REQUEST FOR DRIVEWAY PURSUANT TO SCENIC ROAD ORDINANCE 168-4C DISCUSSION AND DECISION
The request of the Bethany Land Trust for a driveway pursuant to Scenic Road Ordinance 168-4C for 152 Downs Road was discussed. The Selectmen determined that the opening in the stone wall for a driveway should only be 32 – 36 inches wide, only allowing walking access for human and equestrian traffic. Selectman Shea moved the motion to allow for a 32-36 inch opening in the stone wall at 152 Downs Road pursuant to Scenic Road Ordinance for equestrian and human access only. Selectman Thornquist seconded the motion. The vote taken was unanimous.
NEW BUSINESS
TAX REFUNDS
Selectman Thornquist moved to refund to the following a total of $2,397.26 all for overpayment of taxes.
Cab East, LLC $1,482.27
Clare T. Miller $ 63.13
D. L. Peterson Trust $ 195.10
Frank Cusello $ 29.94
GMAC Automotive Bank $ 194.62
Irena Ashton $ 74.30
Jeffrey A. Gruskay $ 36.51
Jo Wynschenk $ 3.64
Louise S. Guglotti $ 37.65
Lynn R. Leite $ 15.87
Peter or Denise Kukiel $ 20.63
Plastic Assembly Systems $ 33.22
Rebecca Spillane $ 28.82
Robert Cuneo $ 57.42
Ruth or Jason Ornstein $ 32.75
Wayne or JoAnne Bruno $ 91.39
Selectman Shea seconded the motion. The vote taken was unanimous.
CORRESPONDENCE
First Selectwoman Gorski reported that Sandy Breslin had dropped off correspondence from the South Central Regional Policy Board for the Selectmen. First Selectwoman Gorski will forward this information to the Selectmen.
ADJOURNMENT
Adjournment was called at 7:45 p.m. after a motion by Selectman Shea and seconded by Selectman Thornquist. The vote was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
Bethany Conservation Commission
July 14, 2011
The meeting was called to order at 8:20 by Bruce Loomis. Also in attendance were Brian Eitzer and Cathy Rives.
Brian moved and Bruce seconded a motion to accept the April 14, 2011 minutes. The motion passed.
The May 11, 2011 minutes were presented but not approved as there were insufficient commission members present whom were at that meeting.
Nominations for chair were opened. Brian moved that Bruce continue as chairman, Cathy seconded. Motion passed unanimously.
Two pieces of correspondence were mentioned. The first was a dues notice from CACIWC. The second a thank you note from Neha Pashankar, winner of the 2011 student award.
There was a discussion on the 100 Miller Road development whose plan for open space was recently accepted by planning and zoning. After discussion Cathy made the following motion “The conservation commission requests clarification as to what section of subdivision regulations provides the wording to approve the open space plan as proposed by the applicant and furthermore would like to have the decision reviewed by the town attorney”. Brian seconded, and the motion passed unanimously.
There was no new business. Cathy moved to adjourn at 9:00 and Bruce seconded.
Respectfully submitted,
Brian Eitzer
Secretary pro-tempore
July 14, 2011
The meeting was called to order at 8:20 by Bruce Loomis. Also in attendance were Brian Eitzer and Cathy Rives.
Brian moved and Bruce seconded a motion to accept the April 14, 2011 minutes. The motion passed.
The May 11, 2011 minutes were presented but not approved as there were insufficient commission members present whom were at that meeting.
Nominations for chair were opened. Brian moved that Bruce continue as chairman, Cathy seconded. Motion passed unanimously.
Two pieces of correspondence were mentioned. The first was a dues notice from CACIWC. The second a thank you note from Neha Pashankar, winner of the 2011 student award.
There was a discussion on the 100 Miller Road development whose plan for open space was recently accepted by planning and zoning. After discussion Cathy made the following motion “The conservation commission requests clarification as to what section of subdivision regulations provides the wording to approve the open space plan as proposed by the applicant and furthermore would like to have the decision reviewed by the town attorney”. Brian seconded, and the motion passed unanimously.
There was no new business. Cathy moved to adjourn at 9:00 and Bruce seconded.
Respectfully submitted,
Brian Eitzer
Secretary pro-tempore
Tuesday, July 12, 2011
Bethany Conservation Commission
May 11, 2011
The meeting was called to order at 8:05 by Bruce Loomis. Also in attendance were Audrey Eisenstadt and Cathy Rives. The minutes of the April 14 meeting were reviewed but approval of minutes was tabled until next meeting since not enough members were present. Minutes of the special meeting were reviewed but approval was also tabled until next meeting.
The proposed subdivision at 100 Miller Road was reviewed. The easement property being proposed has poor access and poor 'usability'. Audrey suggested that we ask for a 'fee in lieu' instead of asking for open space or conservation easements. Bruce made the motion, all were in favor and the motion unanimously passed. Bruce will call Izzy to proceed with the suggestion.
The Atwater proposal was reviewed. As planned, the proposal has two rear lots. This is unacceptable. Open Space is limited. Bruce suggested that if the current layout continues to be the one proposed, in addition to Open Space, the Commission would like trail easement through the lots that would allow access to from Atwater to Carriage Drive.
Bruce moved to adjourn, Cathy seconded and the meeting was adjourned at 8:30.
Respectfully submitted,
Cathy Rives
Secretary pro-tempore
May 11, 2011
The meeting was called to order at 8:05 by Bruce Loomis. Also in attendance were Audrey Eisenstadt and Cathy Rives. The minutes of the April 14 meeting were reviewed but approval of minutes was tabled until next meeting since not enough members were present. Minutes of the special meeting were reviewed but approval was also tabled until next meeting.
The proposed subdivision at 100 Miller Road was reviewed. The easement property being proposed has poor access and poor 'usability'. Audrey suggested that we ask for a 'fee in lieu' instead of asking for open space or conservation easements. Bruce made the motion, all were in favor and the motion unanimously passed. Bruce will call Izzy to proceed with the suggestion.
The Atwater proposal was reviewed. As planned, the proposal has two rear lots. This is unacceptable. Open Space is limited. Bruce suggested that if the current layout continues to be the one proposed, in addition to Open Space, the Commission would like trail easement through the lots that would allow access to from Atwater to Carriage Drive.
Bruce moved to adjourn, Cathy seconded and the meeting was adjourned at 8:30.
Respectfully submitted,
Cathy Rives
Secretary pro-tempore
Bethany Conservation Commission
April 14, 2011
The meeting was called to order at 8:10 by Bruce Loomis. Also in attendance were Brian Eitzer and Cathy Rives. Property owner Derek Iwaszkiewicz and his attorney, Joseph Kubic were present to discuss their proposed subdivision.
The commission reviewed the 43 Atwater Road subdivision for CT Housing Restoration LLC for open space issues. A four lot subdivision has been proposed. The commission will schedule a property walk to ensure that the proposed open space is appropriate.
The minutes from the last meeting were reviewed. Brian moved to accept and Cathy seconded. The motion passed.
Conservationist of the Year - after a brief discussion, it was decided that the award will not be issued this year.
Community School Conservation Award - Brian moved to continue the award, Cathy seconded and the motion passed.
The commission reviewed the 100 Miller Road subdivision plan. A three lot subdivision has been proposed. The actual open space as drawn is only 10% (not the 20% called for by regulation). The Board will schedule a property walk in the near future.
Brian moved to adjourn, Bruce seconded and the meeting was adjourned at 9pm.
Respectfully submitted,
Cathy Rives
Secretary pro-tempore
April 14, 2011
The meeting was called to order at 8:10 by Bruce Loomis. Also in attendance were Brian Eitzer and Cathy Rives. Property owner Derek Iwaszkiewicz and his attorney, Joseph Kubic were present to discuss their proposed subdivision.
The commission reviewed the 43 Atwater Road subdivision for CT Housing Restoration LLC for open space issues. A four lot subdivision has been proposed. The commission will schedule a property walk to ensure that the proposed open space is appropriate.
The minutes from the last meeting were reviewed. Brian moved to accept and Cathy seconded. The motion passed.
Conservationist of the Year - after a brief discussion, it was decided that the award will not be issued this year.
Community School Conservation Award - Brian moved to continue the award, Cathy seconded and the motion passed.
The commission reviewed the 100 Miller Road subdivision plan. A three lot subdivision has been proposed. The actual open space as drawn is only 10% (not the 20% called for by regulation). The Board will schedule a property walk in the near future.
Brian moved to adjourn, Bruce seconded and the meeting was adjourned at 9pm.
Respectfully submitted,
Cathy Rives
Secretary pro-tempore
Friday, July 8, 2011
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION SPECIAL MEETING OF WEDNESDAY, JUNE 29, 2011 Page 1 of 15
The special meeting of the Planning and Zoning Commission was called to order at 7:11 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, Member
Mary Shurtleff, Member
Patricia Winer, Member
Donald Shea Jr., Alternate Member
Marc Adelberg, Alternate Member
Nellie Rabinowitz, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Hiram Peck, Planning Consultant
Derrylynn Gorski, First Selectman
1. Discussion and possible action pertaining to the following applications submitted by Chris Stoyer for the property located at 100 Miller Road:
a) Application #2011-007 for 2-Lot Resubdivision and waiver request for the provision of a water source for fire protection in the resubdivision.
b) Application #2011-014 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit.
a) Application #2011-007 for a 2-Lot Resubdivision and a waiver request for the provision of a water source for fire protection in the resubdivision located at 100 Miller Road.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Spear and seconded by Shurtleff to approve the following resolution for Application #2011-007:
Re: Requested Waiver:
1) Waiver of Fire Suppression Water Source: This application reflects a request for a waiver of the fire suppression water source as required by the Subdivision Regulations. Roderick White, Fire Marshal, in a letter dated May 03, 2011, did not recommend the waiver of the fire suppression water source. However, in a subsequent letter dated June 21, 2011, Mr. White reversed his decision for safety reasons which are unclear to the Commission. He now recommends the waiver of the fire suppression water tank, as the property falls under the five or fewer category and will cause undue financial hardship. However, the Commission is not waiving the requirement at this time and will not do so unless or until the applicant comes back to the Commission with proof that they have satisfied the criteria in Section 11.5.A.1 and 11.5.A.2 of the Subdivision Regulations. Therefore, the request for the waiver is denied at this time. No zoning signoff for any building permits for either lot will be issued until this matter is resolved to the Commission’s satisfaction.
Re: 2-Lot Resubdivision:
Whereas, Bear Hill Construction, owner of the subject property authorized Chris Stoyer to act as their agent/applicant in a document dated February 12, 2011, and February 24, 2011;
Whereas, Chris Stoyer applied for a 2-Lot Resubdivision of 100 Miller Road on June 1, 2011;
Whereas, a public hearing was held in conjunction with the Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Application (#2011-014) and was opened on May 4, 2011, and recessed three times -- until May 24, 2011, June 1, 2011, and June 21, 2011. The hearing was closed on the evening of June 21, 2011, at the conclusion of testimony;
Whereas, the Commission, at a Special Meeting held on June 29, 2011, considered the maps, testimony, and other pertinent application information relating to a request for a 2-Lot Resubdivision of 100 Miller Road;
Now Therefore, the Commission makes the following findings of fact and decision regarding the application:
1) The Planning and Zoning Commission received a letter dated May 24, 2011, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District approving 4-bedroom homes on Lots 1 and 3 and a three-bedroom home on Lot 2 of the subject resubdivision. The submission of engineered subsurface sewage disposal system plans are to be submitted to and reviewed and approved by Quinnipiack Valley Health District prior to any construction. This means that prior to the required zoning signoff and prior to the issuance of any building permits, a copy of the Quinnipiack Valley Health District approval is to be submitted to the Zoning Enforcement Officer.
2) Inland Wetlands Permit #887-M-3 to revise the map of record for the 3-Lot Resubdivision of 100 Miller Road was approved by the Inland Wetland Commission on June 6, 2011.
3) The Planning and Zoning Commission received a letter dated April 28, 2011, from Robert Jontos of Land-Tech Consultants, Inc. in which he detailed various environmental characteristics of the site.
4) The Planning and Zoning Commission received a letter dated May 11, 2011, from David Nafis, Town Engineer, in which he raised concern about how a net zero increase in runoff will be obtained and also mentioned that the footing drain on Lot 2 exits on the reserve septic system.
5) The Planning and Zoning Commission received a letter dated May 23, 2011, from David Lord, Certified Soil Scientist of Soil Resource Consultants, in which he commented on the information in the Land-Tech memo.
6) The Planning and Zoning Commission received correspondence dated June 3, 2011, from Martin Brogie, Certified Soil Scientist, in which he concurs with the delineation completed by Mr. Lord regarding the shallow bowl of standing water located on Lot 2.
7) The Planning and Zoning Commission received an e-mail, dated May 13, 2011, from Bruce Loomis, Conservation Commission Chairman, in which he does not endorse the open space set aside as presented, as the Conservation Commission would prefer to use the fee in lieu of open space option in the subdivision regulations, as found in Section 11.4.f.8 of the Subdivision Regulations, rather than the proposed conservation easement.
8) The Planning and Zoning Commission finds that Section 6.4 of the Subdivision Regulations requires that lots be served by a combined driveway to limit potential traffic hazards on roads. It also finds that the definition of a “common driveway” in the Zoning Regulations allows a maximum of three lots to share a common driveway.
Now Therefore Be It Resolved, that pursuant to the Subdivision Regulations of the Town of Bethany, amended to September 15, 2008, Application #2011-007, from Chris Stoyer for a 2-Lot Subdivision of 100 Miller Road located in the R-65 Zone, is approved in accordance with the following submitted plans prepared by Kratzert, Jones & Associates, Inc., Milldale, Connecticut:
A. “Property Map for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to March 22, 2011, Drawing No. B-1.
B. “Plan of Abandoned Road for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to February 3, 2011, Drawing No. B-2.
C. “Resubdivision Map for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to May 13, 2011, Drawing No. S-1.
D. “Grading and Erosion Control Plan for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to May 17, 2011, Drawing No. G-1.
E. “Grading and Erosion Control Plan for Hopp Brook Resubdivision”, dated May 17, 2011, with no revisions, Drawing No. G-2.
F. “Driveway Plan & Profile for Hopp Brook Resubdivision”, dated May 17, 2011, with no revisions, Drawing No. P-1.
G. “Detail Sheet for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to February 3, 2011, Drawing No. D-1.
And with the following modifications:
1) The conservation easement shall encompass the open space, the area cited as the conservation and trail easement in the southeast portion of the property, as well as the trail easement along the northerly property line. This conservation easement shall reflect that invasive species can be removed, if necessary. Said conservation easement language must be acceptable to Town Counsel and filed in Town Clerk’s office at the same time as the filing of the Record Subdivision Map.
2) Sheets S-1 and G-1 shall be changed to reflect the conservation easement, as stated in Item #1 above.
3) A conservation easement shall be prepared describing the right of access over the northerly portion of the common driveway. Said easement must be acceptable to Town Counsel and filed on the land records in the Town Clerk’s office at the same time as the filing of the Record Subdivision Map.
4) Permanent driveway maintenance agreement, which includes the maintenance of the catch basins along the common driveway; driveway access easements and grading and permanent location shown on map sheets S-1 and G-1 must be acceptable to Town Counsel and filed in the Town Clerk’s office at the same time as the filing of the Record Subdivision Map.
5) A note shall be placed on the mylar stating, “No zoning or building permits shall be issued for any lots until the common driveway is installed per the approved plans or a bond and surety is in place. The amount of the bond must be approved by the Town Engineer and in a form acceptable to Town Counsel.”
6) Iron pins shall be located at all corners or angles of the lots. An estimate for the cost of the installation of pins shall be submitted and must be approved by the Town Engineer, Nafis & Young. The amount of the bond for the iron pins must be approved by Town Engineer and be in a form acceptable to Town Counsel.
7) The conservation easement shall have clearly defined borders with permanent concrete monuments placed thereon at all corners or angles of the property. Boundaries longer than 200 feet shall have permanent interim markers no greater than every 200 feet as necessary so that laypersons can accurately locate and mark the boundary. Additionally, trail easements of 20 feet or less in width shall be marked at no more than 100 foot intervals. A survey map of the set aside with depicting location of monuments must be presented to the Zoning Enforcement Officer.
8) A note shall be placed on the mylar stating, “Any deviations from the site plans shall result in the need for a new site plan review and approval from the Planning and Zoning Commission”.
9) Ray Pantalone, Tree Warden, is to review any proposed tree removal within the Town road right-of-way prior to any tree removal.
10) A drainage easement to the Town of Bethany for drainage from Miller Road must be prepared, as shown on the Record Subdivision Map. It must be acceptable to Town Counsel and filed in the Town Clerk’s office at the same time as the Record Subdivision Map.
11) An estimate for the public improvements (drainage along Miller Road) should be provided by the applicant. Said bond should be held for a one-year period after construction to insure the proper functioning of the proposed drainage once it is installed. The amount of the bond will be set by the Town Engineer in a form acceptable to Town Counsel.
12) Prior to the construction of driveway to Lot 1, the applicant shall present to the ZEO evidence prepared by an engineer attesting that the site-line distance for the driveway is adequate based on the posted speed limit on Miller Road. This evidence shall come with the live seal or stamp of a professional engineer.
13) The design engineer shall submit evidence indicating compliance with the requirement for zero increase in the rate of runoff from the site. This evidence shall come with a live seal or stamp of a professional engineer.
14) Certification of erosion control measures as required by Section 11 of the Bethany Zoning regulations cannot be completed until Item #13, listed above, has been completed.
Voting were: Huxley, Ford, Spear, Shurtleff and Winer.
Vote: 5 to 0.
Unanimous approval.
b) Application #2011-014 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Winer and seconded by Ford to approve the following resolution for Application #2011-014:
Whereas, Bear Hill Construction, owner of the subject property authorized Chris Stoyer to act as their agent/applicant in a document dated February 12, 2011, and February 24, 2011;
Whereas, Chris Stoyer applied for a Special Exception Earth Removal, Excavation, Filling Stockpiling and Grading Permit associated with the 2-Lot Resubdivision of 100 Miller Road on June 1, 2011;
Whereas, the applicant proposes to disturb 4,000 cubic yards of earth material for the development of these lots;
Whereas, the public hearing was held in conjunction with the public hearing for the 2-Lot Resubdivision (Application #2011-007) and was opened on May 4, 2011, and recessed three times -- until May 24, 2011, June 1, 2011 and June 21, 2011. The hearing was closed on the evening of June 21, 2011, at the conclusion of testimony;
Whereas, the Commission, at a Special Meeting held on June 29, 2011, considered the maps, testimony, and other pertinent application information relating to a request for a Special Exception Earth Removal, Excavation, Filling Stockpiling and Grading Permit associated with the 2-Lot Resubdivision of 100 Miller Road;
Now Therefore, the Commission makes the following findings of fact and decision regarding the application:
1) The Planning and Zoning Commission received a letter dated May 24, 2011, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District approving 4-bedroom homes on Lots 1 and 3 and a three-bedroom home on Lot 2 of the subject resubdivision. The submission of engineered subsurface sewage disposal system plans are to be submitted to and reviewed and approved by Quinnipiack Valley Health District prior to any construction. This means that prior to the required zoning signoff and prior to the issuance of any building permits, a copy of the Quinnipiack Valley Health District approval is to be submitted to the Zoning Enforcement Officer.
2) Inland Wetlands Permit #887-M-3 to revise the map of record for the 3-Lot Resubdivision of 100 Miller Road was approved by the Inland Wetland Commission on June 6, 2011.
3) The Planning and Zoning Commission received a letter dated April 28, 2011, from Robert Jontos of Land-Tech Consultants, Inc. in which he detailed various environmental characteristics of the site.
4) The Planning and Zoning Commission received a letter dated May 11, 2011, from David Nafis, Town Engineer, in which he raised concern about how a net zero increase in runoff will be obtained and also mentioned that the footing drain on Lot 2 exits on the reserve septic system.
5) The Planning and Zoning Commission received a letter dated May 23, 2011, from David Lord, Certified Soil Scientist of Soil Resource Consultants, in which he commented on the information in the Land-Tech memo.
6) The Planning and Zoning Commission received correspondence dated June 3, 2011, from Martin Brogie, Certified Soil Scientist, in which he concurs with the delineation completed by Mr. Lord regarding the shallow bowl of standing water located on Lot 2.
Now Therefore Be It Resolved, that pursuant to Section 8 of the Zoning Regulations of the Town of Bethany, amended to April 6, 2011, Application #2011-014, from Chris Stoyer for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit in association with the site development of 100 Miller Road located in the R-65 Zone, is approved in accordance with the following submitted plans prepared by Kratzert, Jones & Associates, Inc., Milldale, Connecticut:
A. “Property Map for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to March 22, 2011, Drawing No. B-1.
B. “Plan of Abandoned Road for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to February 3, 2011, Drawing No. B-2.
C. “Resubdivision Map for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to May 13, 2011, Drawing No. S-1.
D. “Grading and Erosion Control Plan for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to May 17, 2011, Drawing No. G-1.
E. “Grading and Erosion Control Plan for Hopp Brook Resubdivision”, dated May 17, 2011, with no revisions, Drawing No. G-2.
F. “Driveway Plan & Profile for Hopp Brook Resubdivision”, dated May 17, 2011, with no revisions, Drawing No. P-1.
G. “Detail Sheet for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to February 3, 2011, Drawing No. D-1.
And with the following modifications:
1) An estimate for erosion control measures and reclamation of the site must be presented.
2) A cash bond shall be received for erosion control measures and must be in an amount acceptable to the Town Engineer.
3) A bond for reclamation of the site must be in an amount acceptable to Town Engineer and in a form acceptable to Town Counsel.
4) Prior to commencement of work, the ZEO shall inspect and approve ALL erosion control measures.
5) There shall be no burial of stumps on the property.
6) Operation of this Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit shall be in conformance with Section 8 of the Zoning Regulations.
7) There shall be no operation of trucks on the roads during the hours before 8:30 a.m. and between 2:20 p.m. – 4:00 p.m.
8) There shall be no operation, maintenance or running of machinery or vehicles associated with the operation on weekends or holidays as stated in Section 8.7.A.3.a. of the Zoning Regulations.
Voting were: Huxley, Ford, Spear, Shurtleff and Winer.
Vote: 5 to 0.
Unanimous approval.
Chairman Huxley suggested that the Commission wait until the revised plans are submitted before certifying the Soil Erosion and Sedimentation Control Plan and to request a 30-day extension from the applicant.
2. Discussion and possible action pertaining to the following applications submitted by Mukesh Patel for the property located at 6 Sargent Drive:
a) Application #2011-008 for a Locational Approval to construct a retail store and gas station.
b) Application #2011-009 for a Special Exception Permit – gas filling station.
c) Application #2011-010 for a Site Plan Approval to construct a retail store and gas station.
d) Application #2011-011 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit.
a) Application #2011-008 for a Locational Approval to construct a retail store and gas station.
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 #2011-008:
Whereas, the owner of the property, Mukesh Patel, in a document dated March 28, 2011, authorized John Paul Garcia & Associates to apply for the necessary zoning and building permits associated with the location and construction of a gasoline filling station and convenience store located at 6 Sargent Drive;
Whereas, John Paul Garcia applied on April 6, 2011 to the Bethany Planning and Zoning Commission for a Locational Approval for a Gasoline Filling Station located at 6 Sargent Drive (#2011-008);
Whereas, the applicant is proposing a gasoline filling station at this location, as shown on a submitted site plan dated May 24, 2011; The site plan shows a detached 3,600 square foot retail convenience store, several gasoline pumps on proposed islands, a canopy covering the proposed gasoline pumps, and a propane filling station;
Whereas, the Commission also notes that the site plan also shows several other activities on the subject site but that those activities are not addressed as part of this resolution;
Whereas, the public hearing for the Locational Approval for a Gasoline Filling Station (#2011-008) was held in conjunction with the public hearings for Application #2011-009 - Special Exception Gasoline Filling Station, Application #2011-010 - Site Plan Approval and Application 2011-011- Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit;
Whereas, the public hearings for the Locational Approval commenced on May 4, 2011 and concluded on June 1, 2011;
Whereas, the Commission conducted a site walk of the subject property on April 23, 2011;
Whereas, at two Special Meetings held on June 21, 2011 and June 29, 2011, the Commission considered the plans, testimony and other pertinent application information relating to this Locational Approval for a Gasoline Filling Station at 6 Sargent Drive;
Whereas, the Commission finds the following regarding this application:
The Commission finds that with regard to Section 5.1.B.2. and Section 5.2.B.1. of the Bethany Zoning Regulations, a gasoline filling station at this location, in the Business and Industrial Zone is a permissible use at this location.
The Commission received correspondence dated May 3, 2011, from Roderick White, Fire Marshal, in which he stated he approves of this site for the proposed gasoline filling station.
The location of the gasoline filling station is able to be accommodated at this location in that the width of the highway will not adversely impact public travel or traffic conditions at this location.
Based on the Commission’s knowledge of the Town and with the location and characteristics of the subject property, the Commission finds that the record supports issuing the requested Certificate of Locational Approval for the gasoline filling station.
Therefore Be It Resolved, that pursuant to Section 14-321 of the Connecticut General Statutes, the Bethany Planning and Zoning Commission approves the request for a Locational Approval for a Gasoline Filling Station located at 6 Sargent Drive (#2011-008). This property is shown as Assessor’s Map 117, Lot 11X.
Voting were: Huxley, Ford, Spear, Shurtleff and Winer.
Vote: 5 to 0.
Unanimous approval.
c) Application #2011-010 for a Site Plan Approval to construct a retail store and gas station.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2011-010:
Whereas, the owner of the property, Mukesh Patel, in a document dated March 28, 2011, authorized John Paul Garcia & Associates to apply for the necessary zoning and building permits associated with the location and construction of a gasoline filling station and convenience store located at 6 Sargent Drive;
Whereas, John Paul Garcia applied on April 6, 2011, to the Bethany Planning and Zoning Commission for Site Plan Approval for a gasoline filling station, convenience store and propane filling station located at 6 Sargent Drive (#2011-010);
Whereas, the applicant is proposing a canopied gasoline filling station and a detached 3,600 square foot retail convenience store;
Whereas, public hearings were held on this Site Plan Approval (#2011-010) in conjunction with the public hearings for Application #2011-011 - Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit, Application #2011-009 - Special Exception Filling Station and Application #2011-008 - Locational Approval for a Gas Filling Station;
Whereas, said public hearings for all of the aforementioned applications commenced on May 4, 2011, and concluded on June 1, 2011, and this resolution applies only to the subject site plan application;
Whereas, the Commission conducted a site walk of the subject property on April 23, 2011;
Whereas, at two Special Meetings held on June 21, 2011, and June 29, 2011, the Commission considered the plans, testimony and other pertinent application information relating to the Site Plan Approval for a gasoline filling station, convenience store and propane filling station located at 6 Sargent Drive;
Whereas, the Commission notes that the applicant stated clearly on the record several times that they would leave site details, including architectural and building details, canopy design, signage details, parking details and lighting, including lighting levels, up to the Commission’s determination;
Whereas, the Commission makes the following findings regarding this application:
1) The Commission finds that the site plan clearly depicts the filling station canopy as encroaching on the 70-foot front yard setback along Amity Road.
2) The Town of Bethany Zoning Regulations do not permit “drive-thru” facilities as requested on the proposed site plan.
3) The site plan depicts signs which do not comply with the existing Bethany Zoning Regulations.
4) The Commission received correspondence dated May 3, 2011, from Roderick White, Fire Marshal, in which he stated he has no issues as far as the site plan is concerned.
5) The Commission received correspondence dated May 11, 2011, from David Nafis, Town Engineer, in which he stated that the application will require a State of Connecticut, Department of Transportation permit. He also raised concern about any potential spills that may occur.
6) The Commission received Inland Wetlands Permit #1070-M-1 dated April 6, 2011, for a retail store and gas station.
7) The Commission received a letter dated April 4, 2011, from Ronald Walters of the South Central Connecticut Regional Water Authority in which he states that the application was the subject of several previous review letters and that the revised site plans have addressed all previous concerns. He also states that the stormwater detention basin should be inspected and maintained on a regular basis.
8) The Commission received a letter dated May 20, 2011, from John Laudano of Quinnipiack Valley Health District in which he stated that the design meets the requirements of the State of Connecticut Public Health Code.
Now Therefore Be It Resolved, that pursuant to Section 5.2.B of the Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission denies the submitted Site Plan for a gasoline filling station, convenience store and propane filling station located at 6 Sargent Drive, as shown on the following plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
· “Site Development Plan”, dated March 14, 2007, revised to March 14, 2011, Drawing No. C-1.
· “Site Development Plan”, dated May 24, 2011, with no revisions, Drawing No. C-1a.
· “Site Drainage and Layout Plan”, dated March 14, 2007, revised to March 14, 2011, Drawing No. C-2.
· “Erosion and Sediment Control Plan”, dated March 14, 2007, revised to March 14, 2011, Drawing No. C-3.
· “Lighting and Landscaping Plan”, dated March 14, 2007, revised to May 24, 2011, Drawing No. C-4.
· “Septic Layout”, dated March 14, 2007, revised to May 3, 2011, Drawing No. C-5.
· “Typical Details”, dated March 14, 2007, revised to January 31, 2011, Drawing No. C-6.
· “Drainage Details”, dated March 14, 2007, revised to January 31, 2011, Drawing No. C-7.
· “Typical Details”, dated March 14, 2007, revised to January 31, 2011, Drawing No. C-8.
And for the following reasons:
1) The canopy does not meet the existing setback requirements found in Section 3.4 of the Zoning Regulations, nor does it meet Section 10.2.A of the Zoning Regulations, which requires that the development be in conformance with the purpose, intent, policies and programs of the Town of Bethany Plan of Conservation and Development, specifically, No. 3 of the Development Policies found of Page 30 in the 2010 Plan of Conservation & Development for the Town of Bethany.
2) Architectural renderings lacked sufficient detail, per Section 10.1 of the Zoning Regulations.
3) The drive-thru and order board are not listed as permitted uses in the Zoning Regulations and are, therefore, prohibited per Section 5.1 of the Zoning Regulations.
4) The sign does not meet the requirements of Section 10.2.K of the Zoning Regulations.
The Commission recommends the applicant meet with Town Staff to discuss possible revisions to the site plan that might make the plan more acceptable to the Commission. While the Commission discussed many possible revisions to the submitted plan, it was ultimately determined that such a significant number of revisions would essentially constitute a completely new site plan, thus the strong recommendation is to meet with staff to discuss possible site plan revisions.
Voting were: Huxley, Ford, Spear, Shurtleff and Winer.
Vote: 3 to 2.
In Favor: Spear, Shurtleff, Winer.
Opposed: Huxley, Ford.
Member John Ford stated for the record that he was opposed to the denial because he thought it should have gone the other way and the Commission should have given them an approved site plan with modifications.
Chairman Huxley stated for the record that she voted no because she does believe it meets the development goals of the town and that it would be a better process to give them an approved site plan with modifications.
b) Application #2011-009 for a Special Exception Permit – gas filling station.
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 #2011-009:
Whereas, the owner of the property, Mukesh Patel, in a document dated March 28, 2011, authorized John Paul Garcia & Associates to apply for the necessary zoning and building permits associated with the location and construction of a gasoline filling station located at 6 Sargent Drive;
Whereas, John Paul Garcia applied on April 6, 2011 to the Bethany Planning and Zoning Commission for Special Exception – Gasoline Filling Station located at 6 Sargent Drive (#2011-009);
Whereas, they are proposing a canopied gasoline filling station along with a detached 3,600 square foot retail convenience store;
Whereas, the public hearing for the Special Exception – Gasoline Filling Station (#2011-009) was held in conjunction with the public hearings for Application #2011-008 – Locational Approval for a Gasoline Filling Station, Application #2011-010 - Site Plan Approval and Application 2011-011 - Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit;
Whereas, said public hearings commenced on May 4, 2011 and concluded on June 1, 2011;
Whereas, the Commission conducted a site walk of the subject property on April 23, 2011;
Whereas, at two Special Meetings held on June 21, 2011, and June 29, 2011, the Commission considered the plans, testimony and other pertinent application information relating to this Special Exception – Gasoline Filling Station located at 6 Sargent Drive;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) Per Section 5.2.B.1 and Section 5.1.B.2 of the Zoning Regulations, the Commission finds that the use of a gas filling station and convenience store in the Business and Industrial Zone is a permissible use.
2) The Commission received correspondence dated May 3, 2011, from Roderick White, Fire Marshal, in which he states he has no issues as far as the site plan is concerned.
3) The Commission received a letter dated April 4, 2011, from Ronald Walters of the South Central Connecticut Regional Water Authority in which he states that the application was the subject of several previous review letters and that the revised site plans have addressed all previous concerns. He also states that the stormwater detention basin should be inspected and maintained on a regular basis.
4) The Commission received a letter dated May 20, 2011, from John Laudano of Quinnipiack Valley Health District in which he stated that the design meets the requirements of the Connecticut Public Health Code.
Now Therefore Be It Resolved, that the Bethany Planning and Zoning Commission denies the Special Exception – Gasoline Filling Station due to the lack of an acceptable site plan at this time. The required site plan was not approved.
The applicant should note the recommendation made by the Commission for the applicant to meet with staff regarding any proposed revisions to this application.
Voting were: Huxley, Ford, Spear, Shurtleff and Winer.
Vote: 5 to 0.
Unanimous approval.
d) Application #2011-011 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Shurtleff and seconded by Winer to approve the following resolution for Application #2011-011:
Whereas, the owner of the property, Mukesh Patel, in a document dated March 28, 2011, authorized John Paul Garcia & Associates to apply for the necessary zoning and building permits associated with the location and construction of a gasoline filling station, convenience store and propane filling station located at 6 Sargent Drive;
Whereas, John Paul Garcia applied on April 6, 2011, to the Bethany Planning and Zoning Commission for Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit located at 6 Sargent Drive (#2011-011);
Whereas, the applicant is proposing a canopied gasoline filling station and a detached 3,600 square foot retail convenience store and propane filling station, which are not part of this resolution;
Whereas, public hearings were held on this Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit (#2011-011) in conjunction with the public hearings for Application #2011-009 - Special Exception – Gasoline Filling Station, Application #2011-010 - Site Plan Approval and Application #2011-008 – Locational Approval for a Gasoline Filling Station;
Whereas, said public hearings for all of the aforementioned applications commenced on May 4, 2011 and concluded on June 1, 2011;
Whereas, the Commission conducted a site walk of the subject property on April 23, 2011;
Whereas, at two Special Meetings held on June 21, 2011, and June 29, 2011, the Commission considered the plans, testimony and other pertinent application information relating to this Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit located at 6 Sargent Drive;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The Commission received correspondence dated May 11, 2011, from David Nafis, Town Engineer, in which he stated that the application will require a State of Connecticut Department of Transportation permit. He also raised concern about any potential spills that may occur.
2) The Commission received Inland Wetlands Permit #1070-M-1 dated April 6, 2011, for a retail store and gasoline station.
3) The Commission received a letter dated April 4, 2011, from Ronald Walters of the South Central Connecticut Regional Water Authority in which he states that the application was the subject of several previous review letters and that the revised site plans have addressed all previous concerns. He also states that the stormwater detention basin should be inspected and maintained on a regular basis.
4) The Commission received a letter dated May 20, 2011 from John Laudano of Quinnipiack Valley Health District in which he stated that the design meets the requirements of the State of Connecticut Public Health Code.
Therefore Be It Resolved, that the Bethany Planning and Zoning Commission denies this application for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit because the site plan was not approved and there is no reason to conduct any earth work.
Voting were: Huxley, Ford, Spear, Shurtleff and Winer.
Vote: 5 to 0.
Unanimous approval.
It was moved by Spear and seconded by Winer to adjourn the regular meeting at 9:27 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
The special meeting of the Planning and Zoning Commission was called to order at 7:11 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, Member
Mary Shurtleff, Member
Patricia Winer, Member
Donald Shea Jr., Alternate Member
Marc Adelberg, Alternate Member
Nellie Rabinowitz, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Hiram Peck, Planning Consultant
Derrylynn Gorski, First Selectman
1. Discussion and possible action pertaining to the following applications submitted by Chris Stoyer for the property located at 100 Miller Road:
a) Application #2011-007 for 2-Lot Resubdivision and waiver request for the provision of a water source for fire protection in the resubdivision.
b) Application #2011-014 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit.
a) Application #2011-007 for a 2-Lot Resubdivision and a waiver request for the provision of a water source for fire protection in the resubdivision located at 100 Miller Road.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Spear and seconded by Shurtleff to approve the following resolution for Application #2011-007:
Re: Requested Waiver:
1) Waiver of Fire Suppression Water Source: This application reflects a request for a waiver of the fire suppression water source as required by the Subdivision Regulations. Roderick White, Fire Marshal, in a letter dated May 03, 2011, did not recommend the waiver of the fire suppression water source. However, in a subsequent letter dated June 21, 2011, Mr. White reversed his decision for safety reasons which are unclear to the Commission. He now recommends the waiver of the fire suppression water tank, as the property falls under the five or fewer category and will cause undue financial hardship. However, the Commission is not waiving the requirement at this time and will not do so unless or until the applicant comes back to the Commission with proof that they have satisfied the criteria in Section 11.5.A.1 and 11.5.A.2 of the Subdivision Regulations. Therefore, the request for the waiver is denied at this time. No zoning signoff for any building permits for either lot will be issued until this matter is resolved to the Commission’s satisfaction.
Re: 2-Lot Resubdivision:
Whereas, Bear Hill Construction, owner of the subject property authorized Chris Stoyer to act as their agent/applicant in a document dated February 12, 2011, and February 24, 2011;
Whereas, Chris Stoyer applied for a 2-Lot Resubdivision of 100 Miller Road on June 1, 2011;
Whereas, a public hearing was held in conjunction with the Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Application (#2011-014) and was opened on May 4, 2011, and recessed three times -- until May 24, 2011, June 1, 2011, and June 21, 2011. The hearing was closed on the evening of June 21, 2011, at the conclusion of testimony;
Whereas, the Commission, at a Special Meeting held on June 29, 2011, considered the maps, testimony, and other pertinent application information relating to a request for a 2-Lot Resubdivision of 100 Miller Road;
Now Therefore, the Commission makes the following findings of fact and decision regarding the application:
1) The Planning and Zoning Commission received a letter dated May 24, 2011, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District approving 4-bedroom homes on Lots 1 and 3 and a three-bedroom home on Lot 2 of the subject resubdivision. The submission of engineered subsurface sewage disposal system plans are to be submitted to and reviewed and approved by Quinnipiack Valley Health District prior to any construction. This means that prior to the required zoning signoff and prior to the issuance of any building permits, a copy of the Quinnipiack Valley Health District approval is to be submitted to the Zoning Enforcement Officer.
2) Inland Wetlands Permit #887-M-3 to revise the map of record for the 3-Lot Resubdivision of 100 Miller Road was approved by the Inland Wetland Commission on June 6, 2011.
3) The Planning and Zoning Commission received a letter dated April 28, 2011, from Robert Jontos of Land-Tech Consultants, Inc. in which he detailed various environmental characteristics of the site.
4) The Planning and Zoning Commission received a letter dated May 11, 2011, from David Nafis, Town Engineer, in which he raised concern about how a net zero increase in runoff will be obtained and also mentioned that the footing drain on Lot 2 exits on the reserve septic system.
5) The Planning and Zoning Commission received a letter dated May 23, 2011, from David Lord, Certified Soil Scientist of Soil Resource Consultants, in which he commented on the information in the Land-Tech memo.
6) The Planning and Zoning Commission received correspondence dated June 3, 2011, from Martin Brogie, Certified Soil Scientist, in which he concurs with the delineation completed by Mr. Lord regarding the shallow bowl of standing water located on Lot 2.
7) The Planning and Zoning Commission received an e-mail, dated May 13, 2011, from Bruce Loomis, Conservation Commission Chairman, in which he does not endorse the open space set aside as presented, as the Conservation Commission would prefer to use the fee in lieu of open space option in the subdivision regulations, as found in Section 11.4.f.8 of the Subdivision Regulations, rather than the proposed conservation easement.
8) The Planning and Zoning Commission finds that Section 6.4 of the Subdivision Regulations requires that lots be served by a combined driveway to limit potential traffic hazards on roads. It also finds that the definition of a “common driveway” in the Zoning Regulations allows a maximum of three lots to share a common driveway.
Now Therefore Be It Resolved, that pursuant to the Subdivision Regulations of the Town of Bethany, amended to September 15, 2008, Application #2011-007, from Chris Stoyer for a 2-Lot Subdivision of 100 Miller Road located in the R-65 Zone, is approved in accordance with the following submitted plans prepared by Kratzert, Jones & Associates, Inc., Milldale, Connecticut:
A. “Property Map for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to March 22, 2011, Drawing No. B-1.
B. “Plan of Abandoned Road for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to February 3, 2011, Drawing No. B-2.
C. “Resubdivision Map for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to May 13, 2011, Drawing No. S-1.
D. “Grading and Erosion Control Plan for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to May 17, 2011, Drawing No. G-1.
E. “Grading and Erosion Control Plan for Hopp Brook Resubdivision”, dated May 17, 2011, with no revisions, Drawing No. G-2.
F. “Driveway Plan & Profile for Hopp Brook Resubdivision”, dated May 17, 2011, with no revisions, Drawing No. P-1.
G. “Detail Sheet for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to February 3, 2011, Drawing No. D-1.
And with the following modifications:
1) The conservation easement shall encompass the open space, the area cited as the conservation and trail easement in the southeast portion of the property, as well as the trail easement along the northerly property line. This conservation easement shall reflect that invasive species can be removed, if necessary. Said conservation easement language must be acceptable to Town Counsel and filed in Town Clerk’s office at the same time as the filing of the Record Subdivision Map.
2) Sheets S-1 and G-1 shall be changed to reflect the conservation easement, as stated in Item #1 above.
3) A conservation easement shall be prepared describing the right of access over the northerly portion of the common driveway. Said easement must be acceptable to Town Counsel and filed on the land records in the Town Clerk’s office at the same time as the filing of the Record Subdivision Map.
4) Permanent driveway maintenance agreement, which includes the maintenance of the catch basins along the common driveway; driveway access easements and grading and permanent location shown on map sheets S-1 and G-1 must be acceptable to Town Counsel and filed in the Town Clerk’s office at the same time as the filing of the Record Subdivision Map.
5) A note shall be placed on the mylar stating, “No zoning or building permits shall be issued for any lots until the common driveway is installed per the approved plans or a bond and surety is in place. The amount of the bond must be approved by the Town Engineer and in a form acceptable to Town Counsel.”
6) Iron pins shall be located at all corners or angles of the lots. An estimate for the cost of the installation of pins shall be submitted and must be approved by the Town Engineer, Nafis & Young. The amount of the bond for the iron pins must be approved by Town Engineer and be in a form acceptable to Town Counsel.
7) The conservation easement shall have clearly defined borders with permanent concrete monuments placed thereon at all corners or angles of the property. Boundaries longer than 200 feet shall have permanent interim markers no greater than every 200 feet as necessary so that laypersons can accurately locate and mark the boundary. Additionally, trail easements of 20 feet or less in width shall be marked at no more than 100 foot intervals. A survey map of the set aside with depicting location of monuments must be presented to the Zoning Enforcement Officer.
8) A note shall be placed on the mylar stating, “Any deviations from the site plans shall result in the need for a new site plan review and approval from the Planning and Zoning Commission”.
9) Ray Pantalone, Tree Warden, is to review any proposed tree removal within the Town road right-of-way prior to any tree removal.
10) A drainage easement to the Town of Bethany for drainage from Miller Road must be prepared, as shown on the Record Subdivision Map. It must be acceptable to Town Counsel and filed in the Town Clerk’s office at the same time as the Record Subdivision Map.
11) An estimate for the public improvements (drainage along Miller Road) should be provided by the applicant. Said bond should be held for a one-year period after construction to insure the proper functioning of the proposed drainage once it is installed. The amount of the bond will be set by the Town Engineer in a form acceptable to Town Counsel.
12) Prior to the construction of driveway to Lot 1, the applicant shall present to the ZEO evidence prepared by an engineer attesting that the site-line distance for the driveway is adequate based on the posted speed limit on Miller Road. This evidence shall come with the live seal or stamp of a professional engineer.
13) The design engineer shall submit evidence indicating compliance with the requirement for zero increase in the rate of runoff from the site. This evidence shall come with a live seal or stamp of a professional engineer.
14) Certification of erosion control measures as required by Section 11 of the Bethany Zoning regulations cannot be completed until Item #13, listed above, has been completed.
Voting were: Huxley, Ford, Spear, Shurtleff and Winer.
Vote: 5 to 0.
Unanimous approval.
b) Application #2011-014 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Winer and seconded by Ford to approve the following resolution for Application #2011-014:
Whereas, Bear Hill Construction, owner of the subject property authorized Chris Stoyer to act as their agent/applicant in a document dated February 12, 2011, and February 24, 2011;
Whereas, Chris Stoyer applied for a Special Exception Earth Removal, Excavation, Filling Stockpiling and Grading Permit associated with the 2-Lot Resubdivision of 100 Miller Road on June 1, 2011;
Whereas, the applicant proposes to disturb 4,000 cubic yards of earth material for the development of these lots;
Whereas, the public hearing was held in conjunction with the public hearing for the 2-Lot Resubdivision (Application #2011-007) and was opened on May 4, 2011, and recessed three times -- until May 24, 2011, June 1, 2011 and June 21, 2011. The hearing was closed on the evening of June 21, 2011, at the conclusion of testimony;
Whereas, the Commission, at a Special Meeting held on June 29, 2011, considered the maps, testimony, and other pertinent application information relating to a request for a Special Exception Earth Removal, Excavation, Filling Stockpiling and Grading Permit associated with the 2-Lot Resubdivision of 100 Miller Road;
Now Therefore, the Commission makes the following findings of fact and decision regarding the application:
1) The Planning and Zoning Commission received a letter dated May 24, 2011, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District approving 4-bedroom homes on Lots 1 and 3 and a three-bedroom home on Lot 2 of the subject resubdivision. The submission of engineered subsurface sewage disposal system plans are to be submitted to and reviewed and approved by Quinnipiack Valley Health District prior to any construction. This means that prior to the required zoning signoff and prior to the issuance of any building permits, a copy of the Quinnipiack Valley Health District approval is to be submitted to the Zoning Enforcement Officer.
2) Inland Wetlands Permit #887-M-3 to revise the map of record for the 3-Lot Resubdivision of 100 Miller Road was approved by the Inland Wetland Commission on June 6, 2011.
3) The Planning and Zoning Commission received a letter dated April 28, 2011, from Robert Jontos of Land-Tech Consultants, Inc. in which he detailed various environmental characteristics of the site.
4) The Planning and Zoning Commission received a letter dated May 11, 2011, from David Nafis, Town Engineer, in which he raised concern about how a net zero increase in runoff will be obtained and also mentioned that the footing drain on Lot 2 exits on the reserve septic system.
5) The Planning and Zoning Commission received a letter dated May 23, 2011, from David Lord, Certified Soil Scientist of Soil Resource Consultants, in which he commented on the information in the Land-Tech memo.
6) The Planning and Zoning Commission received correspondence dated June 3, 2011, from Martin Brogie, Certified Soil Scientist, in which he concurs with the delineation completed by Mr. Lord regarding the shallow bowl of standing water located on Lot 2.
Now Therefore Be It Resolved, that pursuant to Section 8 of the Zoning Regulations of the Town of Bethany, amended to April 6, 2011, Application #2011-014, from Chris Stoyer for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit in association with the site development of 100 Miller Road located in the R-65 Zone, is approved in accordance with the following submitted plans prepared by Kratzert, Jones & Associates, Inc., Milldale, Connecticut:
A. “Property Map for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to March 22, 2011, Drawing No. B-1.
B. “Plan of Abandoned Road for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to February 3, 2011, Drawing No. B-2.
C. “Resubdivision Map for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to May 13, 2011, Drawing No. S-1.
D. “Grading and Erosion Control Plan for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to May 17, 2011, Drawing No. G-1.
E. “Grading and Erosion Control Plan for Hopp Brook Resubdivision”, dated May 17, 2011, with no revisions, Drawing No. G-2.
F. “Driveway Plan & Profile for Hopp Brook Resubdivision”, dated May 17, 2011, with no revisions, Drawing No. P-1.
G. “Detail Sheet for Hopp Brook Resubdivision”, dated March 1, 2003 (second application PZC), revised to February 3, 2011, Drawing No. D-1.
And with the following modifications:
1) An estimate for erosion control measures and reclamation of the site must be presented.
2) A cash bond shall be received for erosion control measures and must be in an amount acceptable to the Town Engineer.
3) A bond for reclamation of the site must be in an amount acceptable to Town Engineer and in a form acceptable to Town Counsel.
4) Prior to commencement of work, the ZEO shall inspect and approve ALL erosion control measures.
5) There shall be no burial of stumps on the property.
6) Operation of this Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit shall be in conformance with Section 8 of the Zoning Regulations.
7) There shall be no operation of trucks on the roads during the hours before 8:30 a.m. and between 2:20 p.m. – 4:00 p.m.
8) There shall be no operation, maintenance or running of machinery or vehicles associated with the operation on weekends or holidays as stated in Section 8.7.A.3.a. of the Zoning Regulations.
Voting were: Huxley, Ford, Spear, Shurtleff and Winer.
Vote: 5 to 0.
Unanimous approval.
Chairman Huxley suggested that the Commission wait until the revised plans are submitted before certifying the Soil Erosion and Sedimentation Control Plan and to request a 30-day extension from the applicant.
2. Discussion and possible action pertaining to the following applications submitted by Mukesh Patel for the property located at 6 Sargent Drive:
a) Application #2011-008 for a Locational Approval to construct a retail store and gas station.
b) Application #2011-009 for a Special Exception Permit – gas filling station.
c) Application #2011-010 for a Site Plan Approval to construct a retail store and gas station.
d) Application #2011-011 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit.
a) Application #2011-008 for a Locational Approval to construct a retail store and gas station.
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 #2011-008:
Whereas, the owner of the property, Mukesh Patel, in a document dated March 28, 2011, authorized John Paul Garcia & Associates to apply for the necessary zoning and building permits associated with the location and construction of a gasoline filling station and convenience store located at 6 Sargent Drive;
Whereas, John Paul Garcia applied on April 6, 2011 to the Bethany Planning and Zoning Commission for a Locational Approval for a Gasoline Filling Station located at 6 Sargent Drive (#2011-008);
Whereas, the applicant is proposing a gasoline filling station at this location, as shown on a submitted site plan dated May 24, 2011; The site plan shows a detached 3,600 square foot retail convenience store, several gasoline pumps on proposed islands, a canopy covering the proposed gasoline pumps, and a propane filling station;
Whereas, the Commission also notes that the site plan also shows several other activities on the subject site but that those activities are not addressed as part of this resolution;
Whereas, the public hearing for the Locational Approval for a Gasoline Filling Station (#2011-008) was held in conjunction with the public hearings for Application #2011-009 - Special Exception Gasoline Filling Station, Application #2011-010 - Site Plan Approval and Application 2011-011- Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit;
Whereas, the public hearings for the Locational Approval commenced on May 4, 2011 and concluded on June 1, 2011;
Whereas, the Commission conducted a site walk of the subject property on April 23, 2011;
Whereas, at two Special Meetings held on June 21, 2011 and June 29, 2011, the Commission considered the plans, testimony and other pertinent application information relating to this Locational Approval for a Gasoline Filling Station at 6 Sargent Drive;
Whereas, the Commission finds the following regarding this application:
The Commission finds that with regard to Section 5.1.B.2. and Section 5.2.B.1. of the Bethany Zoning Regulations, a gasoline filling station at this location, in the Business and Industrial Zone is a permissible use at this location.
The Commission received correspondence dated May 3, 2011, from Roderick White, Fire Marshal, in which he stated he approves of this site for the proposed gasoline filling station.
The location of the gasoline filling station is able to be accommodated at this location in that the width of the highway will not adversely impact public travel or traffic conditions at this location.
Based on the Commission’s knowledge of the Town and with the location and characteristics of the subject property, the Commission finds that the record supports issuing the requested Certificate of Locational Approval for the gasoline filling station.
Therefore Be It Resolved, that pursuant to Section 14-321 of the Connecticut General Statutes, the Bethany Planning and Zoning Commission approves the request for a Locational Approval for a Gasoline Filling Station located at 6 Sargent Drive (#2011-008). This property is shown as Assessor’s Map 117, Lot 11X.
Voting were: Huxley, Ford, Spear, Shurtleff and Winer.
Vote: 5 to 0.
Unanimous approval.
c) Application #2011-010 for a Site Plan Approval to construct a retail store and gas station.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2011-010:
Whereas, the owner of the property, Mukesh Patel, in a document dated March 28, 2011, authorized John Paul Garcia & Associates to apply for the necessary zoning and building permits associated with the location and construction of a gasoline filling station and convenience store located at 6 Sargent Drive;
Whereas, John Paul Garcia applied on April 6, 2011, to the Bethany Planning and Zoning Commission for Site Plan Approval for a gasoline filling station, convenience store and propane filling station located at 6 Sargent Drive (#2011-010);
Whereas, the applicant is proposing a canopied gasoline filling station and a detached 3,600 square foot retail convenience store;
Whereas, public hearings were held on this Site Plan Approval (#2011-010) in conjunction with the public hearings for Application #2011-011 - Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit, Application #2011-009 - Special Exception Filling Station and Application #2011-008 - Locational Approval for a Gas Filling Station;
Whereas, said public hearings for all of the aforementioned applications commenced on May 4, 2011, and concluded on June 1, 2011, and this resolution applies only to the subject site plan application;
Whereas, the Commission conducted a site walk of the subject property on April 23, 2011;
Whereas, at two Special Meetings held on June 21, 2011, and June 29, 2011, the Commission considered the plans, testimony and other pertinent application information relating to the Site Plan Approval for a gasoline filling station, convenience store and propane filling station located at 6 Sargent Drive;
Whereas, the Commission notes that the applicant stated clearly on the record several times that they would leave site details, including architectural and building details, canopy design, signage details, parking details and lighting, including lighting levels, up to the Commission’s determination;
Whereas, the Commission makes the following findings regarding this application:
1) The Commission finds that the site plan clearly depicts the filling station canopy as encroaching on the 70-foot front yard setback along Amity Road.
2) The Town of Bethany Zoning Regulations do not permit “drive-thru” facilities as requested on the proposed site plan.
3) The site plan depicts signs which do not comply with the existing Bethany Zoning Regulations.
4) The Commission received correspondence dated May 3, 2011, from Roderick White, Fire Marshal, in which he stated he has no issues as far as the site plan is concerned.
5) The Commission received correspondence dated May 11, 2011, from David Nafis, Town Engineer, in which he stated that the application will require a State of Connecticut, Department of Transportation permit. He also raised concern about any potential spills that may occur.
6) The Commission received Inland Wetlands Permit #1070-M-1 dated April 6, 2011, for a retail store and gas station.
7) The Commission received a letter dated April 4, 2011, from Ronald Walters of the South Central Connecticut Regional Water Authority in which he states that the application was the subject of several previous review letters and that the revised site plans have addressed all previous concerns. He also states that the stormwater detention basin should be inspected and maintained on a regular basis.
8) The Commission received a letter dated May 20, 2011, from John Laudano of Quinnipiack Valley Health District in which he stated that the design meets the requirements of the State of Connecticut Public Health Code.
Now Therefore Be It Resolved, that pursuant to Section 5.2.B of the Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission denies the submitted Site Plan for a gasoline filling station, convenience store and propane filling station located at 6 Sargent Drive, as shown on the following plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
· “Site Development Plan”, dated March 14, 2007, revised to March 14, 2011, Drawing No. C-1.
· “Site Development Plan”, dated May 24, 2011, with no revisions, Drawing No. C-1a.
· “Site Drainage and Layout Plan”, dated March 14, 2007, revised to March 14, 2011, Drawing No. C-2.
· “Erosion and Sediment Control Plan”, dated March 14, 2007, revised to March 14, 2011, Drawing No. C-3.
· “Lighting and Landscaping Plan”, dated March 14, 2007, revised to May 24, 2011, Drawing No. C-4.
· “Septic Layout”, dated March 14, 2007, revised to May 3, 2011, Drawing No. C-5.
· “Typical Details”, dated March 14, 2007, revised to January 31, 2011, Drawing No. C-6.
· “Drainage Details”, dated March 14, 2007, revised to January 31, 2011, Drawing No. C-7.
· “Typical Details”, dated March 14, 2007, revised to January 31, 2011, Drawing No. C-8.
And for the following reasons:
1) The canopy does not meet the existing setback requirements found in Section 3.4 of the Zoning Regulations, nor does it meet Section 10.2.A of the Zoning Regulations, which requires that the development be in conformance with the purpose, intent, policies and programs of the Town of Bethany Plan of Conservation and Development, specifically, No. 3 of the Development Policies found of Page 30 in the 2010 Plan of Conservation & Development for the Town of Bethany.
2) Architectural renderings lacked sufficient detail, per Section 10.1 of the Zoning Regulations.
3) The drive-thru and order board are not listed as permitted uses in the Zoning Regulations and are, therefore, prohibited per Section 5.1 of the Zoning Regulations.
4) The sign does not meet the requirements of Section 10.2.K of the Zoning Regulations.
The Commission recommends the applicant meet with Town Staff to discuss possible revisions to the site plan that might make the plan more acceptable to the Commission. While the Commission discussed many possible revisions to the submitted plan, it was ultimately determined that such a significant number of revisions would essentially constitute a completely new site plan, thus the strong recommendation is to meet with staff to discuss possible site plan revisions.
Voting were: Huxley, Ford, Spear, Shurtleff and Winer.
Vote: 3 to 2.
In Favor: Spear, Shurtleff, Winer.
Opposed: Huxley, Ford.
Member John Ford stated for the record that he was opposed to the denial because he thought it should have gone the other way and the Commission should have given them an approved site plan with modifications.
Chairman Huxley stated for the record that she voted no because she does believe it meets the development goals of the town and that it would be a better process to give them an approved site plan with modifications.
b) Application #2011-009 for a Special Exception Permit – gas filling station.
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 #2011-009:
Whereas, the owner of the property, Mukesh Patel, in a document dated March 28, 2011, authorized John Paul Garcia & Associates to apply for the necessary zoning and building permits associated with the location and construction of a gasoline filling station located at 6 Sargent Drive;
Whereas, John Paul Garcia applied on April 6, 2011 to the Bethany Planning and Zoning Commission for Special Exception – Gasoline Filling Station located at 6 Sargent Drive (#2011-009);
Whereas, they are proposing a canopied gasoline filling station along with a detached 3,600 square foot retail convenience store;
Whereas, the public hearing for the Special Exception – Gasoline Filling Station (#2011-009) was held in conjunction with the public hearings for Application #2011-008 – Locational Approval for a Gasoline Filling Station, Application #2011-010 - Site Plan Approval and Application 2011-011 - Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit;
Whereas, said public hearings commenced on May 4, 2011 and concluded on June 1, 2011;
Whereas, the Commission conducted a site walk of the subject property on April 23, 2011;
Whereas, at two Special Meetings held on June 21, 2011, and June 29, 2011, the Commission considered the plans, testimony and other pertinent application information relating to this Special Exception – Gasoline Filling Station located at 6 Sargent Drive;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) Per Section 5.2.B.1 and Section 5.1.B.2 of the Zoning Regulations, the Commission finds that the use of a gas filling station and convenience store in the Business and Industrial Zone is a permissible use.
2) The Commission received correspondence dated May 3, 2011, from Roderick White, Fire Marshal, in which he states he has no issues as far as the site plan is concerned.
3) The Commission received a letter dated April 4, 2011, from Ronald Walters of the South Central Connecticut Regional Water Authority in which he states that the application was the subject of several previous review letters and that the revised site plans have addressed all previous concerns. He also states that the stormwater detention basin should be inspected and maintained on a regular basis.
4) The Commission received a letter dated May 20, 2011, from John Laudano of Quinnipiack Valley Health District in which he stated that the design meets the requirements of the Connecticut Public Health Code.
Now Therefore Be It Resolved, that the Bethany Planning and Zoning Commission denies the Special Exception – Gasoline Filling Station due to the lack of an acceptable site plan at this time. The required site plan was not approved.
The applicant should note the recommendation made by the Commission for the applicant to meet with staff regarding any proposed revisions to this application.
Voting were: Huxley, Ford, Spear, Shurtleff and Winer.
Vote: 5 to 0.
Unanimous approval.
d) Application #2011-011 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Shurtleff and seconded by Winer to approve the following resolution for Application #2011-011:
Whereas, the owner of the property, Mukesh Patel, in a document dated March 28, 2011, authorized John Paul Garcia & Associates to apply for the necessary zoning and building permits associated with the location and construction of a gasoline filling station, convenience store and propane filling station located at 6 Sargent Drive;
Whereas, John Paul Garcia applied on April 6, 2011, to the Bethany Planning and Zoning Commission for Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit located at 6 Sargent Drive (#2011-011);
Whereas, the applicant is proposing a canopied gasoline filling station and a detached 3,600 square foot retail convenience store and propane filling station, which are not part of this resolution;
Whereas, public hearings were held on this Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit (#2011-011) in conjunction with the public hearings for Application #2011-009 - Special Exception – Gasoline Filling Station, Application #2011-010 - Site Plan Approval and Application #2011-008 – Locational Approval for a Gasoline Filling Station;
Whereas, said public hearings for all of the aforementioned applications commenced on May 4, 2011 and concluded on June 1, 2011;
Whereas, the Commission conducted a site walk of the subject property on April 23, 2011;
Whereas, at two Special Meetings held on June 21, 2011, and June 29, 2011, the Commission considered the plans, testimony and other pertinent application information relating to this Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit located at 6 Sargent Drive;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The Commission received correspondence dated May 11, 2011, from David Nafis, Town Engineer, in which he stated that the application will require a State of Connecticut Department of Transportation permit. He also raised concern about any potential spills that may occur.
2) The Commission received Inland Wetlands Permit #1070-M-1 dated April 6, 2011, for a retail store and gasoline station.
3) The Commission received a letter dated April 4, 2011, from Ronald Walters of the South Central Connecticut Regional Water Authority in which he states that the application was the subject of several previous review letters and that the revised site plans have addressed all previous concerns. He also states that the stormwater detention basin should be inspected and maintained on a regular basis.
4) The Commission received a letter dated May 20, 2011 from John Laudano of Quinnipiack Valley Health District in which he stated that the design meets the requirements of the State of Connecticut Public Health Code.
Therefore Be It Resolved, that the Bethany Planning and Zoning Commission denies this application for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit because the site plan was not approved and there is no reason to conduct any earth work.
Voting were: Huxley, Ford, Spear, Shurtleff and Winer.
Vote: 5 to 0.
Unanimous approval.
It was moved by Spear and seconded by Winer to adjourn the regular meeting at 9:27 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
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