MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, MARCH 6, 2013                                                    Page 1 of 3

The regular meeting of the Planning and Zoning Commission was called to order at 7:01 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

            Michael Calhoun, Member

            Kimberly McClure Brinton, Member

            Patricia Winer, Member

            Nellie Rabinowitz, Alternate Member

            Donna Shea, Alternate Member

Also present were:

            Isabel Kearns, Zoning Enforcement Officer

            Hiram Peck, Planning Consultant

APPROVAL OF MINUTES

1.      It was moved by Shurtleff and seconded by Calhoun to approve, as submitted, the minutes of the February 6, 2013, Regular Meeting.

Voting for:  Spear, Shurtleff, Winer, Calhoun, Brinton.

Unanimous approval.

BILLS

1.)    It was moved by Shurtleff and seconded by Calhoun to approve the payment of $90.00 for membership dues through March 31, 2014, to the Connecticut Federation of Planning and Zoning Agencies.

Voting for:   Spear, Shurtleff, Winer, Brinton, Calhoun.

Unanimous approval.

2.)    It was moved by Winer and seconded by Shurtleff to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for February 2013, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for:   Spear, Shurtleff, Winer, Brinton, Calhoun.

Unanimous approval.

GENERAL CORRESPONDENCE

1.      Copy of petition to disapprove the proposed zoning change establishing an “Open Space Housing District”, submitted March 6, 2013.

ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO.  No report at this time.

NEW BUSINESS

1)      696 Amity Road, Application #2013-008 submitted by Mena Argentari    – GIOMAR LLC for a Change of Use – Hair cutting salon –

The Commission formally received the application.  No one was present to speak on behalf of this application.  Commission members reviewed the application file, discussed and proceeded to deliberate.

It was moved by Shurtleff and seconded by Calhoun to approve the following resolution for Application #2013-008:

Whereas, Mena Argentari applied on March 6, 2013, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate a one-seated hair cutting salon located at 696 Amity Road, Units A-9 and B-9;

Whereas, in a letter dated February 14, 2013, Joseph Frouge, owners of 696 Amity Road, Units A-9 and B-9, authorized Mena Argentari to apply for the necessary land-use applications to operate a one-seated hair cutting salon from the subject property;

Whereas, the Commission, at its regular meeting of March 6, 2013, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate a one-seated hair cutting salon located at 696 Amity Road, Units A-9 and B-9;

Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;

Now Therefore the Commission makes the following findings of fact:

1)                  Quinnipiack Valley Health District issued Permit #2005 on February 13, 2013, for a one-seated hair cutting salon.

2)                  Rod White, Fire Marshal, signed off on the back of the application form on February 29, 2013, indicating his approval of this application.

3)                  The Commission received a letter dated February 26, 2013, from Ron Walters of the South Central Connecticut Regional Water Authority in which he stated that he has no comments.

Now Therefore Be It Resolved that pursuant to Section 5.5.A. of the Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate a one-seated hair cutting salon located at     696 Amity Road, Units A-9 and B-9 as presented in the application, statement of use and testimony and with the following conditions:

1)                  A building permit for an Interior-Fit-Out must be approved by the Building Official and the Fire Marshal prior to any renovations to or occupancy of the building.

2)                  Applicant must comply with stipulations set forth in Quinnipiack Valley Health District letter dated February 13, 2013.

      Vote 5 to 0.

      Voting for:  Spear, Shurtleff, Winer, Brinton, Calhoun.

Unanimous approval.

OLD BUSINESS

1)      Green Haven, Inc., Application #2013-007 to amend the Bethany Zoning Regulations to add a new Section 23 titled Bethany Open Space Housing District (OSHD) –

Hiram Peck, Planning Consultant provided a brief presentation as to what will be discussed at the public hearing.  Mr. Peck recommended the Commission schedule a public hearing date.  The Commission scheduled the public hearing for Wednesday, April 3, 2013, at      7:30 p.m. in the Gymnasium.  Tabled. 

2)      Continue discussion and possible action to set public hearing date regarding proposed amendments to the Zoning Regulations on accessory buildings, signage for larger parcels, home occupation permits, etc. -   Tabled.

3)      Continue discussion on Village Districts –  Tabled.

4)      Discuss increasing application fees –  Tabled.

There being no further business to come before the Commission, it was moved by Calhoun and seconded by Brinton to adjourn the regular meeting at 7:28 p.m.  Unanimous approval.

Respectfully submitted,

Antonia R. Marek, Clerk

For the Planning and Zoning Commission

BOARD OF SELECTMEN

FEBRUARY 25, 2013

Page 1 of 1

Attendance:  First Selectwoman Derrylyn Gorski, Donald Shea

First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:35 p.m.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.   Payroll checks were signed.

APPROVAL OF MINUTES

First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of January 14, 2013.  The motion was moved by Selectman Shea and seconded by First Selectwoman Gorski.  The motion passed on a unanimous vote.

First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of February 11, 2013.  The motion was moved by Selectman Shea and seconded by First Selectwoman Gorski.  The motion passed on a unanimous vote.

LEGISTLATIVE UPDATE

First Selectwoman Gorski met with April Caprone and Ben Barnes of Office of Policy and Management regarding unfunded mandates and the proposal to eliminate the car tax collected by each town.  If this tax were to be eliminated this would cost the Town of Bethany $1,200,000 in lost revenue.  This loss would have to be added on to the real estate tax to make up the shortfall to balance the budget.  Many towns like Bethany are against this change.  COST members are favoring a fixed mill rate for automobiles throughout the State of Connecticut. 

ADJOURNMENT

Adjournment was called at 7:55 p.m. after a motion was moved by Selectman Shea and seconded by First Selectwoman Gorski.  The vote taken was unanimous.

                                                                                                                Respectfully submitted,

                                                                                                                                                                               

                                                                                                                June G. Riley

                                                                                                                Secretary, Board of Selectmen

BOARD OF SELECTMEN

FEBRUARY 11, 2013

Page 1 of 6

Attendance:  First Selectwoman Derrylyn Gorski, Selectman Steven Thornquist, Selectman Donald Shea

Visitors:  Rob White, John Garcia, Attorney Kevin McSherry

First Selectwoman Gorski called the meeting of the Board of Selectman to order at 7:40 p.m.  The meeting was held in the Conference Room of the Bethany Town Hall.  The first order of business was the Pledge of Allegiance.  Signing of accounts payable and payroll checks was the next order of business. 

APPROVAL OF MINUTES

Approval of the minutes for the meeting of January 14, 2013 was tabled.

TAX REFUNDS

Selectman Shea moved to refund to Richard Carloni the sum of $50.00, to Don & Marta Husted the sum of $5,786.20, to Colleen or Christopher MacKay the sum of $85.62, to Bac Tax Services Corp the sum of $6,453.18, to Wells Fargo Real Estate Eax SVCS the sum of $2,582.02, to Wells Fargo Real Est. Tax SVCS the sum of $3,677.24, to John Binkowski, Jr the sum of $70.78, to Corelog Corelogic the sum of $3,990.47, to Corelog Corelogic the sum of $4,777.88, to Corelog Corelogic the sum of $3,844.63 and to Cab east, LLC the sum of $497.11 all for overpayment of taxes.  Selectman Thornquist seconded the motion.  The vote taken was unanimous.

CONSERVATION COMMISSION

First Selectwoman Gorski reported that as a Selectman’s appointment she had appointed Shakat Kahn as a full member of the Conservation Commission to replace Audrey Eisenstadt who has resigned. 

AMITY LACROSS TEAM REQUEST TO WAIVE LODGE RENTAL

The Amity LaCross Team has requested a waiving of the rental fee for use of Lakeview Lodge for a fund raising dance.  The motion was so moved by Selectman Thornquist and seconded by Selectman Shea to waive the fee.  The vote was called.  The vote taken was unanimous. 

APPOINTMENT OF SCHOOL BUILDING COMMITTEE

Selectman Thornquist moved to appoint Mary Sofair and Namita Wijesekera to the School Building Committee to represent the Board of Education, John Grabowski and Chip Spear to represent the Board of Finance, and Bill Caliendo, John Paul Garcia and Rob White as representative of the Community to the School Building Committee.  Selectman Shea seconded the motion.  The vote was called.  The vote was unanimous.

The appointed committee was then given the following charge:

Town of Bethany

School Building Committee

February 11, 2013

School Building Committee Charge

Bethany Conservation Commission


Minutes - January 10, 2013



The meeting was called to order by Bruce Loomis at 8:00pm. Also in attendance were Cathy Rives and Lisa Tavolacci.

The minutes of the Dec. 13, 2012 meeting were tabled as they were not available due to Brian Eitzer’s absence.

Bruce introduced the mail correspondence of the Connecticut Land Conservation Council with their request for funding assistance through membership. The suggested membership levels ranged from $100.00 to $2,000.00. The decision was taken under advisement until Bruce contacts June Riley about the current usage level of our modest budget.

Bruce introduced the topic of GIS mapping and its potential accord with the designation of properties against our own physical map. This comparison was tabled due to Brian’s absence until the next meeting.

Bruce opened an Executive Session to discuss a land issue at 8:08pm. At 8:22pm the session concluded.

Cathy Rives moved to adjourn the meeting at 8:25pm and Lisa seconded and the motion passed.





Respectively Submitted,

Lisa Tavolacci secretary pro-tempore

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JANUARY 2, 2013                                            Page 1 of 4

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,

Michael Calhoun, Member

Kimberly McClure Brinton, Member

Patricia Winer, Member

Nellie Rabinowitz, Alternate Member, seated as a voting member.

Donna Shea, Alternate Member



The following Commission Member was either absent or excused:

Mary Shurtleff, Vice-Chair



Also present were:

Isabel Kearns, Zoning Enforcement Officer

Hiram Peck, Planning Consultant





APPROVAL OF MINUTES



1. It was moved by Brinton and seconded by Calhoun to approve the minutes of the December 5, 2012, Regular Meeting with the following amendment:

Page 3, Second bullet – Reads “A partial basement is being proposed to store crates under the same environmental controls.” Change to “A partial basement is being proposed to store crates under controlled environmental conditions.

Voting for: Spear, Brinton, Calhoun, Winer, Rabinowitz.

Unanimous approval.



2. It was moved by Brinton and seconded by Calhoun to approve, as submitted, the minutes of the December 12, 2012, Special Meeting.

Voting for: Spear, Brinton, Calhoun, Winer, Rabinowitz.

Unanimous approval.





BILLS



1) It was moved by Calhoun and seconded by Brinton to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for December 2012, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for: Spear, Brinton, Calhoun, Winer, Rabinowitz.

Unanimous approval.











GENERAL CORRESPONDENCE



1. Email from John Paul Garcia, dated December 20, 2012, Re: Withdrawal of applications for 63 Sargent Drive, Application #2012-025/026/027.

2. Letter from Isabel Kearns, ZEO, to Elizabeth Doering dated December 6, 2012, Re: 91 Bethway Road, closing of case.

3. Letter from Isabel Kearns, ZEO, to Elizabeth Doering, dated December 7, 2012, Re: Notice of Violation at 184 Sperry Road.

4. Copy of Staff Referral Report from Town of Prospect, dated December 13, 2012, Re: Zoning Text Amendment.





ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION



Isabel Kearns, ZEO, noted the following:

• 184 Sperry Road – Notice of Violation, dated December 7, 2012.





NEW BUSINESS



1) 52 Glenwood Court, Application #2013-001 submitted by Steven Gomez for a Home Occupation Permit for an Office and Recording Studio –



The Commission formally received the application. Present to speak on behalf of this application was Steven Gomez, applicant.



Isabel Kearns, ZEO, stated she visited the site and tested the noise level of the recording studio in operation from the outside of the house and did not have any concerns.



Commission members reviewed the application file, discussed and proceeded to deliberate.



It was moved by Winer and seconded by Calhoun to approve the following resolution for Application #2013-001:



Whereas, Edward Sobuletsky, owner of 52 Glenwood Court, authorized Steven Gomez to apply to the Planning and Zoning Commission for a home occupation permit to operate a recording studio and home office for property located at 52 Glenwood Court;



Whereas, Steven Gomez applied to the Planning and Zoning Commission on December 24, 2012, for a home occupation permit to operate a sound recording studio and home office for property located at 52 Glenwood Court;



Whereas, the Commission at its regular meeting of January 2, 2013, 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, submitted an email dated December 31, 2012, in which she states there can be a maximum of 14 people per week.

2. Rod White, Fire Marshal, signed off on the back of the application form on December 31, 2012, 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 December 7, 2011, the Bethany Planning and Zoning Commission approves the Application #2013-001 of Steven Gomez for a home occupation permit to operate a sound recording studio and home office located at 52 Glenwood Court, as outlined in the statement of use, testimony and other pertinent application information and with the following conditions:

1) In the event that the Commission receives any complaints regarding noise from this recording studio, the Commission reserves the right to revisit this matter at any time the future.

2) Windows will remain closed while studio is in use.

3) A maximum of 14 people can record in the studio each week (an average of 2 people per day).

Vote 5 to 0.

Voting for: Spear, Brinton, Calhoun, Winer, Rabinowitz.

Unanimous approval.





OLD BUSINESS



1) 63 Sargent Drive, Application #2012-025 submitted by Paul Dispazio for a Site Plan Approval – John Paul Garcia submitted an email, dated December 20, 2012, withdrawing all three applications for 63 Sargent Drive.





2) 63 Sargent Drive, Application #2012-026 submitted by Paul Dispazio for a Special Exception for Outside Storage and for an Accessory Apartment – John Paul Garcia submitted an email, dated December 20, 2012, withdrawing all three applications for 63 Sargent Drive.





3) 63 Sargent Drive, Application #2012-027 submitted by Paul Dispazio for a Special Exception for Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – John Paul Garcia submitted an email, dated December 20, 2012, withdrawing all three applications for 63 Sargent Drive.



4) Green Haven, Inc., for an informal discussion regarding possible development on 4 and 21 Meyers Road, known as Halter Estates – In the near future, Green Haven will be submitting an application for a proposed amendment to the Zoning Regulations for Open Space Housing.



5) Continue discussion and possible action to set public hearing date regarding proposed amendments to the Zoning Regulations on accessory buildings, signage for larger parcels, home occupation permits, etc. - Special Meeting scheduled for Wednesday, January 16, 2013 at 6:30 p.m. Tabled.



6) Continue discussion on Village Districts – Special Meeting scheduled for Wednesday, January 16, 2013 at 6:30 p.m. Tabled.



7) Discuss increasing application fees – Tabled.





There being no further business to come before the Commission, it was moved by Brinton and seconded by Winer to adjourn the regular meeting at 8:37 p.m. Unanimous approval.



Respectfully submitted,





Antonia R. Marek, Clerk

For the Planning and Zoning Commission

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, DECEMBER 17, 2012                                          Page 1 of 3

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

The following members of the Commission were present:

            Alexandra Breslin, Chair

            Kristine Sullivan, Vice-Chair

            Brian Smith, Member

            Roger Hathaway, Member

The following member of the Commission was excused:

            Lisa Gaw, Member

Also present was:

            Isabel Kearns, Inland Wetlands Enforcement Officer

APPROVAL OF MINUTES

1.      It was moved by Smith and seconded by Hathaway to approve, as submitted, the minutes of the November 26, 2012, Regular Meeting.

Voting were:  Sullivan, Smith, Hathaway.

Unanimous approval.

2.      It was moved by Smith and seconded by Hathaway to approve, as submitted, the minutes of the December 2, 2012, Special Meeting/Site Visit.

Voting were:  Sullivan, Smith, Hathaway.

Unanimous approval.

GENERAL CORRESPONDENCE

 

1.      Letter from Town Clerk Nancy McCarthy, dated November 20, 2012, Re:  Request for 2013 Meeting Schedule with attached 2013 meeting scheduled prepared to IWC clerk.

2.      Letter from Society of Soil Scientists of Southern New England, Fall 2012, with attached copy of the 2012 edition of the “Registry of Soil Scientists of Southern New England”.

PUBLICATIONS AND WORKSHOPS

1.      Connecticut Federation of Lakes, CFL News, November 2012.

 

NEW BUSINESS

1.      Discussion with Liz Doering regarding Sperry View Farm, 91 Bethway Road, construction of a covered arena –

Present for this discussion were Mr. John Heagle of Megson & Heagle, Civil Engineers, Glastonbury, Connecticut representing Liz Doering, owner of record, who was also present.

Mr. Heagle submitted a plan entitled, “Site Plan #91 Bethway Road/Sperry View Farm” dated October 16, 2012, with no revisions.  Mr. Heagle briefly reviewed the plan with the Commission and stated this property is a farm and this proposal should come under an as a right.

The Commission had a different opinion on this and would like to check with Town Counsel before making a decision.  Also, the Commission would like to conduct a site visit.  Tabled.

OLD BUSINESS

1.      Frances Drive, Tawney Drive cul-de-sac, Knollwood Road, Bethridge Road and Bethmour Road from Woodbridge to Bethany Farms and from Pole Hill Road to Luke Hill Road, Application #1191 submitted by the Town of Bethany to remove and replace catch basins and pipe, reclaim and pave roads –

Commission members stated they visited the property on December 2, 2012, with Mr. Alan Green, Public Works Director.

It was moved by Sullivan and seconded by Smith to approve the road projects for Application #1191, with the exception of Bethridge Road, the approval including Frances Drive, Tawney Drive cul-de-sac, Knollwood Road and Bethmour Road from Woodbridge to Bethany Farms and from Pole Hill Road to Luke Hill Road as presented in the application and testimony and in addition, this permit is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:

1)      For Bethmour Road, on the lower portion where the catch basin exits on Pine Brook Crossing as noted in our field discussions dated December 2, 2012, that the silt fence and stone be removed so there is a better flow coming out of the pipe.

2)      Where the pipe exits onto the private property of the Cohen’s, 96 Bethmour Road, that when the Town does this project they shall provide a design for some type of plunge pool and an exit to the street.

3)      So that the Town will be in compliance, the Public Works Director shall submit a separate application for Bethridge Road.

Voting were:  Breslin, Sullivan, Smith, Hathaway.

Unanimous approval.

2.      185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn –

The Commission did not receive a report from Roman Mrozinski of the Southwest Conservation District at this time.  Tabled.

3.      Continuation of Show Cause Hearing regarding Town of Bethany drainage repairs conducted in a regulated area without an Inland Wetlands Permit –

Deferred taking any action due to more discussion needed.   The Commission would like to revisit Clay Road and Anthony Court.  Tabled.

4.      Update on appeal submitted by James Woodward for 46 Mesa Drive –

The Commission has scheduled a Special Meeting/Executive Session with Attorney McSherry for Monday, January 14, 2013, at 7:30 p.m.  Tabled.

5.      Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT –  

Member Sullivan is preparing the draft amendments.  Tabled.

SCHEDULE SITE VISITS

The Commission scheduled a tentative site visit for Saturday, December 29, 2012, at 8:00 a.m.  Commission members to meet at the Bethany Town Hall Parking Lot and will visit 91 Bethway Road – Sperry View Farm and revisit Clay Road and Anthony Court in regard to the Town of Bethany drainage repairs.

ADJOURNMENT

There being no further business to come before the Commission, it was moved by Smith and seconded by Hathaway to adjourn the regular meeting at 8:10 p.m.  Unanimous approval.

Respectfully submitted,

Antonia R. Marek, Clerk

for the Inland Wetlands Commission

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, DECEMBER 5, 2012                                            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

            Michael Calhoun, Member

            Kimberly McClure Brinton, Member

            Patricia Winer, Member

            Nellie Rabinowitz, Alternate Member

            Donna Shea, Alternate Member

Also present were:

            Isabel Kearns, Zoning Enforcement Officer

            Hiram Peck, Planning Consultant

APPROVAL OF MINUTES

1.      It was moved by Winer and seconded by Shurtleff to approve the minutes of

the November 15, 2012, Regular Meeting with the following amendments:

·         Page 4, Second Paragraph, Second Bullet – Reads “The ZEO stated all her comments

have been addressed in her memo dated September 20, 2012.” Change to “The ZEO stated all the comments listed in her memo dated September 20, 2012, have been addressed by the applicant.”

·         Page 5, Item 1), First Paragraph, First Sentence – Reads “Hiram Peck, Planning Consultant, stated this is not a public hearing, there is no application and that this is just an informational gathering to provide the Commission with a potential project.” Change to “Hiram Peck, Planning Consultant, stated this is not a public hearing, there is no application and that this is just an informational gathering to provide the Commission with information regarding a potential project.”

·         Page 5, Item 1), Second Paragraph, Fifth Bullet – Reads “Attorney John Parese or Parrett, Porto, Parese & Colwell, Hamden, CT” Change to “Attorney John Parese of Parrett, Porto, Parese & Colwell, Hamden, CT.

Voting for:  Spear, Shurtleff, Calhoun, Winer.

Brinton abstained, as she was not present at meeting.

Unanimous approval.

BILLS

1)      It was moved by Calhoun and seconded by Shurtleff to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for November 2012, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for:   Spear, Shurtleff, Brinton, Calhoun, Winer.

Unanimous approval.

2)      It was moved by Calhoun and seconded by Shurtleff to approve the payment of a bill for $95.00, dated December 5, 2012, from Anne Sohon for recording services for the public hearing (88 Beacon Road).

Voting were:  Spear, Shurtleff, Brinton, Calhoun, Winer.

Unanimous approval.

GENERAL CORRESPONDENCE

1.      Letter from Quinnipiack Valley Health District, dated November 29, 2012, Re:  Review comments on 88 Beacon Road, proposed detached utility building.

2.      Letter from Town Clerk Nancy McCarthy, dated November 20, 2012, Re:  Request for 2013 Meeting Schedule with attached 2013 meeting scheduled prepared to PZC clerk.

It was moved by Brinton and seconded by Winer to approve the adoption of the January 2013 through January 2014 schedule of Planning and Zoning Commission Meetings as presented to the Commission by the Clerk.

Voting for:   Spear, Shurtleff, Brinton, Calhoun, Winer.

Unanimous approval.

ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO, noted the following:

• Working with Town Attorney on citation and fine for property located at 27 Hamilton Drive.

PUBLIC HEARING

88 Beacon Road (Albers Foundation), Application #2012-024 submitted by Hunter Smith Associates for a Special Exception Permit for a utility building –

At 7:16 p.m., Chair Spear called to order the public hearing on Application #2012-024.  The call for the public hearing was read.  Chair Spear reviewed the complete contents of the application file.

Chair Spear then noted that the Commission has received the following items relative to the subject application.  Exhibit identification was assigned as noted:

1. Exhibit 1A – Narrative from Hunter Smith Associates, dated November 2012, Re:  The Josef and Anni Albers Foundation, 88 Beacon Road.
2. Exhibit 1B – Letter from the Inland Wetlands Commission dated November 1, 2012, Re:  Review comments on 88 Beacon Road (Albers Foundation), proposed building.

3. Exhibit 1C – Letter from the Quinnipiack Valley Health District, dated November 2, 2012, Re:  Review of proposed detached utility/storage building, no water or sewage service.
4. Exhibit 1D – Email from Ron Walters of the South Central Connecticut Regional Water Authority, dated November 20, 2012, Re:  88 Beacon Road is off the public water supply watershed.
5. Exhibit 1E – not assigned.
6. Exhibit 1F – Letter to Hunter Smith, dated November 26, 2012, Re:  Notification of public hearing scheduled to 88 Beacon Road on December 5, 2012.
7. Exhibit 1G – Set of plans prepared by John Paul Garcia & Associates, Bethany, Connecticut, entitled as follows:

• “As-Built Site Plan”, dated December 26, 1994, revised to November 1, 2012, Drawing No. AB-1.
• “Erosion Control Plan”, dated November 1, 2012, with no revisions, Drawing   No. EC-1.

8. Exhibit 1H - Letter from Quinnipiack Valley Health District, dated November 29, 2012, Re:  Review comments on 88 Beacon Road, proposed detached utility building.

Present to speak on behalf of the application was Hunter Smith, Hunter Smith Architects of Hamden, CT, representing the applicant.  Also present was Fritz Horztman, Facilities Manager of The Albers Foundation.

The following are some items Mr. Smith noted during his presentation at the public hearing:

• There will be no bathrooms or sinks in proposed building.
• A partial basement is being proposed to store crates under the same environmental controls.
• The building will operate air conditioning, heating and humidification and there will have to be some type of water brought into the building.

Commission members asked questions and determined a site visit was not necessary at this time for this application.

Chair Spear then asked if there were any comments from the public.  There were no comments from the public. 

At 7:39 p.m., the hearing was closed on the subject application.

NEW BUSINESS

1)      63 Sargent Drive, Application #2012-025 submitted by Paul Dispazio for a Site Plan Approval –

The Commission formally received the application.  No one was present to speak on behalf of this application.

Isabel Kearns, ZEO, recommended the Commission schedule a public hearing. 

Hiram Peck, Planning Consultant, asked if architectural and landscaping plans were submitted.  The ZEO will work with the applicant to make sure application is complete.

The Commission scheduled a public hearing at the next scheduled regular meeting on Wednesday, January 2, 2013, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall.  Tabled.

2)      63 Sargent Drive, Application #2012-026 submitted by Paul Dispazio for a Special Exception for Outside Storage and for an Accessory Apartment –

The Commission formally received the application.  No one was present to speak on behalf of this application.

Isabel Kearns, ZEO, recommended the Commission schedule a public hearing. 

Hiram Peck, Planning Consultant, asked if architectural and landscaping plans were submitted.  The ZEO will work with the applicant to make sure application is complete.

The Commission scheduled a public hearing at the next scheduled regular meeting on Wednesday, January 2, 2013, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall.  Tabled.

3)      63 Sargent Drive, Application #2012-027 submitted by Paul Dispazio for a Special Exception for Earth Removal, Excavation, Filling, Stockpiling and Grading Permit -

The Commission formally received the application.  No one was present to speak on behalf of this application.

Isabel Kearns, ZEO, recommended the Commission schedule a public hearing. 

Hiram Peck, Planning Consultant, asked if architectural and landscaping plans were submitted.  The ZEO will work with the applicant to make sure application is complete.

The Commission scheduled a public hearing at the next scheduled regular meeting on Wednesday, January 2, 2013, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall.  Tabled.

OLD BUSINESS

1.      88 Beacon Road (Albers Foundation), Application #2012-024 submitted by Hunter Smith Associates for a Special Exception Permit for a utility building –

Isabel Kearns, ZEO, 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 #2012-024:

Whereas, in a document dated October 31, 2012, the Josef Albers Foundation, owner of     88 Beacon Road, authorized Hunter Smith to act on its behalf to obtain a special exception permit to construct a utility building located at 88 Beacon Road;

Whereas, Hunter Smith applied for a special exception permit to construct a utility building located at 88 Beacon Road on November 5, 2012;

Whereas, the Commission opened a public hearing on this application on December 5, 2012 and closed the public hearing at the conclusion of testimony that same evening;

Whereas, the Commission, at its regular meeting also held on December 5, 2012, considered the maps, testimony and other pertinent application information relating to a request for a special exception permit to construct a utility building located at 88 Beacon Road;

Now Therefore, the Commission makes the following findings of fact and decision regarding the application:

1)                  The Commission received a letter dated November 29, 2012, from Lynn Fox and Leslie Balch, Quinnipiack Valley Health Districts representatives, in which they state that they can recommend approval of the proposed utility building, but that the building cannot be served by a water supply.

2)                  The Planning and Zoning Commission received correspondence from the Inland Wetlands Commission dated November 1, 2012, stating that no Inland Wetlands Commission action is required for the proposed activity.

3)                  The Planning and Zoning Commission received a copy of an e-mail from Ron Walters of the South Central Connecticut Regional Water Authority dated   November 20, 2012, in which he indicates that this property is off the public water supply watershed.

4)                  Rod White, Fire Marshal, signed off on the back of the application form on  December 4, 2012, indicating his approval.

Now Therefore Be It Resolved, that pursuant to Section 4.4.A. of the Zoning Regulations of the Town of Bethany, adopted to December 7, 2011, the Bethany Planning and  Zoning Commission hereby approves Application #2012-024 from Hunter Smith/Albers Foundation, for a special exception permit to construct a utility building located at 88 Beacon Road in accordance with the following submitted plans prepared by John Paul Garcia and Associates, Bethany, Connecticut:

A.    “As-Built Site Plan”, dated December 26, 1994, revised to November 1, 2012, Drawing No. AB-1.

B.     “Erosion Control Plan”, dated November 1, 2012, with no revisions, Drawing        No. EC-1.

And with the following conditions:

1)      All exterior lighting shall be full cut off.

2)      The building cannot be served by a water supply unless approved by the Quinnipiack Valley Health District.

3)      There will be no sinks or bathrooms in the building as per the applicants testimony during the public hearing on December 5, 2012.

Vote 5 to 0.

Voting for:  Spear, Shurtleff, Brinton, Calhoun, Winer.

Unanimous approval.

It was moved by Winer and seconded by Shurtleff to approve the request for a waiver of architectural drawings due to the fact the utility shed will not be visible from Beacon Road or any of the surrounding residential properties.

Vote 5 to 0.

Voting for:  Spear, Shurtleff, Brinton, Calhoun, Winer.

Unanimous approval.

2.      Green Haven, Inc., for an informal discussion regarding possible development on 4 and 21 Meyers Road, known as Halter Estates – Special Meeting scheduled for December 12, 2012, at 6:00 p.m.  Tabled.

3.      Continue discussion and possible action to set public hearing date regarding proposed amendments to the Zoning Regulations on accessory buildings, signage for larger parcels, home occupation permits, etc. -  Special Meeting scheduled for Wednesday, December 12, 2012, at 6:00 p.m.   Tabled.

4.      Continue discussion on Village Districts – Special Meeting scheduled for Wednesday, December 12, 2012, at 6:00 p.m.  Tabled.

5.      Discuss increasing application fees –  Tabled.

There being no further business to come before the Commission, it was moved by Shurtleff and seconded by Winer to adjourn the regular meeting at 8:10 p.m.  Unanimous approval.

Respectfully submitted,

Antonia R. Marek, Clerk

For the Planning and Zoning Commission