MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR
MEETING OF MONDAY, JULY 8, 2013 Page 1 of 5
The regular meeting of the Zoning Board of Appeals 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 Board Members were present:
Carol Goldberg, Member
Ruth Beardsley, Member
Lisa Gaw, Member
Walter Briggs, Member
James Seaton, Member
Thomas Magda, Alternate Member
Ryan Shea, Alternate Member
The following Board Member was absent or excused:
Margaret Foley, Alternate Member
Also present was: Isabel Kearns, Zoning Enforcement Officer
Kevin McSherry, Town Attorney
Member Goldberg stated that pursuant to Section 4 of the Zoning Board of Appeals Bylaws, the Board must elect officers for the term of July 1, 2013 to June 30, 2014.
ELECTION OF OFFICERS
It was moved by Briggs and seconded by Gaw to nominate James Seaton as Chairman for the Zoning Board of Appeals for the 2013 to 2014 term. Unanimous approval.
It was moved by Seaton and seconded by Gaw to nominate Carol Goldberg as Vice-Chair for the Zoning Board of Appeals for the 2013 to 2014 term. Unanimous approval.
It was moved by Beardsley and seconded by Gaw to nominate Walter Briggs as Secretary for the Zoning Board of Appeals for the 2013 to 2014 term. Unanimous approval.
MINUTES
It was moved by Goldberg and seconded by Beardsley to approve the minutes of the April 8, 2013, Regular Meeting with the following correction:
• Page 2, Second Paragraph – Reads “Isabel, Zoning Enforcement Officer,” Change to “Isabel Kearns, Zoning Enforcement Officer”.
Voting for: Goldberg, Beardsley, Gaw.
Abstained were: Briggs, Seaton for they were not present for the April 8, 2013 meeting.
Unanimous approval.
BILL
It was moved by Beardsley and seconded by Briggs to approve the payment of a bill for $105.00, dated July 8, 2013, from John McLeod for recording services for the public hearing (354 Downs Road).
Voting for: Seaton, Goldberg, Beardsley, Briggs, Gaw.
Unanimous approval.
PUBLIC HEARING – 354 DOWNS ROAD
At 7:06 p.m., Chairman Seaton opened the public hearing in regard to the application from Peter and Anne Simon for a 30-foot variance of the side yard setback to allow a 20-foot side yard setback for the construction of a two-bay detached garage located at 354 Downs Road. Roll call was completed. Chairman Seaton read the legal notice into the hearing record for the public hearing.
Chairman Seaton noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
1) Exhibit 1A – Letter from South Central Connecticut Regional Water Authority, dated July 1, 2013, Re: No comment on review of application for 354 Downs Road.
2) Exhibit 1B – Submitted by the applicant, eleven pages of the Affidavit and Certificate of Mailing with attached green cards.
3) Exhibit 1C – Submitted by the applicant, copy of court case, Mildred Merlo v. Zoning Board of Appeals of Wethersfield, Caption Date: March 18, 1996.
Member Goldberg reviewed the procedure that would be followed to conduct the public hearing.
Member Beardsley mentioned she is friendly with the applicants, Anne and Peter Simon, but stated this will not interfere with her fairness and decision.
Chairman Seaton mentioned he has known the applicant for quite a few years and that this will not interfere with his fairness and decision.
Member Gaw mentioned she is a resident of Downs Road and an employee of the Regional Water Authority and that this will not interfere with her fairness and decision.
The following Board Members stated for the record that they visited the site or have a familiar background with the property: Seaton, Goldberg, Beardsley, Briggs, Gaw.
Present to speak on behalf of the application was Peter Simon and Anne Simon, applicants and owners of record and their daughter, Kate. Mr. Simon noted the following:
• Property is 1.6 acres.
• Property has surface water issues.
• Large boulder outcropping on property.
• Drainage ditch on north side of house.
• Septic system located on south side of house.
• Neighbor David Pilon of 344 Downs Road, did not pick up certified mailing of public hearing but personally spoke to Peter Simon and has no problem with proposed garage.
• Distributed copies of case from the Town of Wethersfield for a resident who needed a variance to construct a garage.
In discussion, some Board members noted:
• Large tree near proposed garage will be taken down.
• Shed (to be removed) that is located near proposed garage is less than 4 feet from the property line.
Chairman Seaton asked if there were any public members who would like to speak in favor of the application. There were no comments.
Chairman Seaton asked if there were any public members who would like to speak in opposition of the application. There were no comments.
There being no further discussion, at 7:43 p.m. Chairman Seaton closed the public hearing on the subject application.
87 OLD AMITY ROAD
• Application submitted by Robert Weidig for revision of previous location approval dated April 8, 2013, for motor vehicle dealer and repairer at 87 Old Amity Rd.
Discussion
Member Goldberg noted that the Zoning Board of Appeals decision was made April 8, 2013 to grant a location approval for a motor vehicle dealer and repairer and now Mr. Weidig is asking to rescind the repairer part of the approval.
Mr. Weidig stated that in the State of Connecticut in order to tow vehicles you have to be a motor vehicle dealer or repairer.
Town Attorney Kevin McSherry was present to advise the Board how this application should be handled.
Town Attorney McSherry stated that when Mr. Weidig applied in April 8, 2013, he over applied and should of only asked for motor vehicle dealer. When he received approval for both, motor vehicle dealer and repairer, he created an issue with the Planning and Zoning Commission because he is required to apply for a Special Exception Permit under the Bethany Zoning Regulations. Attorney McSherry stated that if only received a motor vehicle dealer approval, he does not need a Special Exception Permit and therefore, Attorney McSherry recommended that Mr. Weidig withdraw his application in front of the Board and resubmit an application with just the motor vehicle dealer only.
Also, Attorney McSherry stated that the property owner needs to rescind the previous ZBA approval dated April 8, 2013, in a letter and the letter should be filed on the Land Records.
It was moved by Beardsley and seconded by Gaw to waive the application fee for Robert Weidig on the next application he will be submitting for a location approval for a motor vehicle dealer only. Unanimous approval.
Mr. Robert Weidig submitted a letter to withdraw the application in front of the Board, dated June 21, 2013, requesting to rescind the motor vehicle repairer approved of April 8, 2013.
The Board scheduled a Special Meeting/Public Hearing date of July 22, 2013, at 6:30 p.m. to hear Mr. Weidig’s new application he will be submitting for a location approval for a motor vehicle dealer only.
DELIBERATION AND DECISION MAKING SESSION
354 Downs Road
Board members further discussed the application and proceeded to deliberate.
It was moved by Goldberg and seconded by Briggs that the Zoning Board of Appeals grants the application of Ann and Peter Simon for the property located at 354 Downs Road and shown on Assessor’s Map #130, Lot #30 for a variance of Sections 3.4 and 4.1.C. of the Bethany Zoning Regulations which variance is as follows:
• A 30-foot variance of the side yard setback to allow a 20-foot side yard setback for the construction of a two-bay detached garage.
This variance is granted subject to the following conditions:
1. The variance shall not be effective until a copy of it, certified by the Chairman or the Secretary of the Board, and containing a legal description of the subject property, and specifying the nature of the variance is filed with the Bethany Town Clerk for recording on the Bethany Land Records by the applicant or owner.
Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings:
1) Special conditions and circumstances exist which are unique to the subject property and which do not affect generally the district to which it is situated. These conditions and circumstances are topography and the location of the septic system.
2) A strict and literal interpretation of the Zoning Regulations would deprive the property owner of rights commonly enjoyed by other properties in the same district.
Vote 5 to 0.
Voting for: Seaton, Goldberg, Beardsley, Briggs, Gaw.
Unanimous approval.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Gaw and seconded by Beardsley to adjourn the regular meeting at 8:10 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
Friday, July 26, 2013
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JULY 3, 2013 The regular meeting of the Planning and Zoning Commission was called to order at 7:07 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Commission Members were present:
Kimberly McClure Brinton, Member
Michael Calhoun, Member
Michael Sullivan, Member
Douglas Goldner, Member
Salvatore Amadeo, Member
Donna Shea, Alternate Member
` James Gugliotti, Alternate Member
Bradford Buchta, Alternate Member
Also present were:
Hiram Peck, Town Planner
Isabel Kearns, Zoning Enforcement Officer
Kevin McSherry, Town Attorney
It was moved by Calhoun and seconded by Sullivan to nominate Kimberly McClure Brinton as temporary Chairman for purposes of Election of Officers.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
ELECTION OF OFFICERS AND APPOINTMENT OF STAFF
• It was moved by Calhoun and seconded by Amadeo to nominate Kimberly McClure Brinton as Chairman of the Planning and Zoning Commission for the term of July 2013 to June 2015.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
• It was moved by Brinton and seconded by Goldner to nominate Salvatore Amadeo as Vice-Chairman of the Planning and Zoning Commission for the term of July 2013 to June 2015.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
• It was moved by Brinton and seconded by Goldner to nominate Michael Calhoun as Secretary of the Planning and Zoning Commission for the term of July 2013 to June 2015.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
• It was moved by Brinton and seconded by Goldner to nominate Michael Calhoun as Representative to the South Central Regional Planning Commission for the term of July 2013 to June 2015.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
Hiram Peck briefly described the position of representative to the South Central Regional Planning Commission. Mr. Peck stated the SCRPC meets typically once a month or more and talks about issues of regional importance in the Towns located in the region. Mr. Peck stated that Michael would attend these meetings and bring back to the Commission the information on what is going on in the region.
• It was moved by Calhoun and seconded by Sullivan to nominate Donna Shea as Alternate Representative to the South Central Regional Planning Commission for the term of July 2013 to June 2015.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
It was moved by Amadeo and seconded by Calhoun to table the nomination of the position as Representative to the West Rock Ridge State Park Council until the next regular meeting on August 7, 2013.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
Mr. Peck was asked to describe what his position entails as Town Planner.
• It was moved by Calhoun and seconded by Sullivan to appoint Hiram Peck as Town Planner for the term of July 2013 to June 2015.
Voting for: Brinton, Calhoun, Sullivan.
Abstaining: Goldner and Amadeo.
Unanimous approval.
• It was moved by Calhoun and seconded by Goldner to appoint Isabel Kearns as Zoning Enforcement Officer for the term of July 2013 to June 2015.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
• It was moved by Calhoun and seconded by Sullivan to appoint Karen Hubbell as Assistant Zoning Enforcement Officer for the term of July 2013 to June 2015.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
• It was moved by Calhoun and seconded by Amadeo to appoint Antonia Marek as Clerk for the Planning and Zoning Commission for the term of July 2013 to June 2015.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
It was moved by Goldner and seconded by Sullivan to table the next Commission business on the agenda until after the public hearing.
Unanimous approval.
PUBLIC HEARING
• Application #2013-015 submitted by Claire Wiseman for Special Exception Permit for a riding academy located at 110 Hatfield Hill Road -
At 7:34 p.m., Chair Brinton called to order the public hearing on the above referenced application. The call for the public hearing was read. Chair Brinton reviewed the complete contents of the application file.
Chair Brinton then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
1) Exhibit 1A – Letter from Quinnipiack Valley Health District dated June 28, 2013, Re: Comments and recommendations on Application #2013-015 for 110 Hatfield Hill Road.
2) Exhibit 1B – Letter from South Central Connecticut Regional Water Authority, dated July 1, 2013, Re: Comments and recommendations on Application #2013-015 for 110 Hatfield Hill Road.
3) Exhibit 1C – Submitted by Isabel Kearns, ZEO, map entitled, “Lot Line Revision Plan Between 110 & 120 Hatfield Hill Road, Bethany, CT”, dated March 30, 2012, with no revisions, prepared by John Paul Garcia & Associates, Bethany, Connecticut, recorded on the Land Records, Map #A-999.
4) Exhibit 1D – Copy of advertisement from the internet for “Red Skye”, 110 Hatfield Hill Road, Bethany, Connecticut.
Isabel Kearns, ZEO, explained that when Ms. Wiseman came in a year ago she stated was not going to be a commercial operation but now there is an advertisement on the internet for the property. Also, Ms. Kearns stated that in 2012 the Planning and Zoning Commission authorized her to act in an administrative capacity on the property as long as there was a map submitted showing the lot line revision (Exhibit 1C) which has been completed and the barn and location of riding academy meets all standards and setbacks.
Present to speak on behalf of this application was Claire Wiseman of 110 Hatfield Hill Road. Ms. Wiseman noted the following:
o She is a psychologist and has a full time practice in West Hartford.
o A year or so ago started using horses for therapy.
o Using the arena as an equine assistance psycho therapy.
o Received a home office permit on April 4, 2012, from the Planning and Zoning Commission.
o Has three horses that can do therapy.
In discussion, some Commission members noted:
o Applicant mentioned approximately 10 to 12 patients per week.
o Applicant leasing the property.
o No boarding at facility.
o Barn has only four stalls so the maximum number of horses shall be four.
Kevin McSherry, Town Attorney , recommended that a deed of merger should be filed on the Land Records when combining two pieces. The Commission should make this a condition of approval.
The following resident had a question:
o Sharon Huxley of 340 Old Mill Road – Mrs. Huxley stated that she had seen an advertisement on the web which included jumping and riding lessons at the subject property which is not therapy. Her concern is that the property is a much more active facility than stated which would generate more traffic and this could possibly become a large boarding facility.
Chair Brinton asked if anyone would like to speak in favor of the application. No one commented.
Chair Brinton asked if anyone would like to speak in opposition of the application. No one commented.
There being no further information needed, at 8:07 p.m. it was moved by Amadeo and seconded by Calhoun to close the public hearing on the subject application.
Unanimous approval.
NEW BUSINESS
1) 192 Litchfield Turnpike, Application #2013-016 submitted by Kelly Donovan for a Home Occupation Permit for an office to operate an internet-based clothing and accessory business –
The Commission formally received the application. No one was present to speak on behalf of this application.
Isabel Kearns, ZEO, stated that the applicant will be travelling with her van with the clothing and the home office will be just for computer use.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Amadeo and seconded by Sullivan to approve the following resolution for Application #2013-016:
Whereas, Kelly Donovan, applicant, applied to the Planning and Zoning Commission on July 3, 2013, for a home occupation permit to operate an internet-based clothing and accessory business at 192 Litchfield Turnpike;
Whereas, the owner of the property, Jennifer Donovan, authorized Kelly Donovan to apply for this home occupation business in a letter dated June 10, 2013;
Whereas, the Commission at its regular meeting of July 3, 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, signed off on the back of the application form on June 7, 2013, indicating approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on June 17, 2013, indicating his approval.
3) The Commission received correspondence dated June 10, 2013, from Ronald Walters, representative of the South Central Connecticut Regional Water Authority, in which he states he has no comments.
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 of Kelly Donovan to operate a home office for an internet-based clothing and accessory business at 192 Litchfield Turnpike, as outlined in the Statement of Use dated June 7, 2013.
Vote: 5 to 0.
Voting for: Brinton, Amadeo, Calhoun, Sullivan, Goldner.
Unanimous approval.
2) 37 Carmel Road, Application #2013-017 submitted by Benjamin Gardner for a Home Occupation Permit for a home office to operate landscaping business –
The Commission formally received the application. Present to speak on behalf of this application was Benjamin Gardner, applicant and owner of record.
Isabel Kearns, ZEO, stated that the mowing equipment will be stored inside the existing garage.
Mr. Gardner reviewed the proposed project noting:
• Home office is to manage administrative part of the business.
• Will have two mowers which will be stored inside.
• No pesticides or herbicides to be used.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Sullivan and seconded by Amadeo to approve the following resolution for Application #2013-017:
Whereas, Benjamin Gardner, owner of 37 Carmel Road, applied to the Planning and Zoning Commission on June 18, 2013, for a home occupation permit to operate an office and associated landscaping business from the premises;
Whereas, the Commission at its regular meeting of July 3, 2013, considered the statement of use, narrative, testimony and other pertinent application information relating to this home occupation permit to operate an office and associated landscaping business application;
Whereas, the applicant has indicated on the Statement of Use dated June 18, 2013, that the application is for an office and landscaping business. There will be no outside storage. There will be one mower and a trailer associated with the business which will be stored within the existing garage. There will be no employees other than the owner, Mr. Gardner;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1.) Lynn Fox, representative of Quinnipiack Valley Health District, signed off on the back of the application form on June 18, 2013, indicating approval of the application.
2.) Rod White, Fire Marshal, signed off on the back of the application form on June 18, 2013, indicating his approval.
3.) Ronald Walters of the South Central Regional Water Authority submitted a letter to the Commission dated July 1, 2013, in which he states that he has no comment.
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 home occupation application of Benjamin Gardner to operate a home office and associated landscaping business from the premises of 37 Carmel Road, as outlined in the Statement of Use dated June 18, 2013, and in accordance with the testimony given.
Vote: 5 to 0.
Voting for: Brinton, Amadeo, Calhoun, Sullivan, Goldner.
Unanimous approval.
OLD BUSINESS
1. 110 Hatfield Hill Road, Application #2013-015 submitted by Claire Wiseman (Red Skye Therapy) for a Special Exception Permit for a riding academy –
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Amadeo and seconded by Sullivan to approve the following resolution for Application #2013-015:
Whereas, in an e-mail dated June 4, 2013, Ezra Dottino, owner of 110 Hatfield Hill Road, authorized Claire Wiseman to act on his behalf to obtain a Special Exception Permit to utilize the existing riding facility as a riding academy at 110 Hatfield Hill Road;
Whereas, on June 5, 2013, Claire Wiseman applied for a Special Exception Permit to utilize an existing riding facility as a riding academy at 110 Hatfield Hill Road;
Whereas, the Commission opened a public hearing on this application on July 3, 2013, and closed the public hearing at the conclusion of testimony that same evening;
Whereas, the Commission at its regular meeting also held on July 3, 2013, considered the maps, testimony and other pertinent application information relating to a request for a Special Exception Permit to utilize an existing riding facility as a riding academy at 110 Hatfield Hill Road;
Now Therefore, the Commission makes the following findings of fact and decision regarding the application:
1) Lynn Fox and Leslie Balch, Quinnipiack Valley Health District representatives, submitted a letter dated June 28, 2013, with comments.
2) The Planning and Zoning Commission received correspondence from Ronald Walters of the South Central Connecticut Regional Water Authority dated July 1, 2013, in which he outlines some boilerplate best management practices.
3) Rod White, Fire Marshal, signed off on the back of the application form on June 26, 2013 indicating his approval.
Now Therefore Be It Resolved, that pursuant to Section 4.4.E. of the Zoning Regulations of the Town of Bethany, effective December 7, 2011, the Commission hereby approves Application #2013-015 submitted by Claire Wiseman for a Special Exception Permit to utilize the existing riding facility as a riding academy at 110 Hatfield Hill Road, as shown on the following submitted plan entitled, “As-Built Site showing barn 120 Hatfield Hill Road, Bethany, Connecticut”, dated December 11, 2012, with no revisions prepared by John Paul Garcia and Associates, 190 Fairwood Road, Bethany, Connecticut;
And with the following conditions:
1) Any lighting associated with the riding facility shall be full cut off and shall not trespass onto any abutting property.
2) The storage of materials and waste shall be maintained using best management practices and are at least 100 feet from any property line.
3) All manure shall be stored in a covered dumpster and shall be removed as needed. There shall be no stockpiling of manure.
4) Comments in the letter from South Central Connecticut Regional Water Authority dated July 1, 2013, and letter from Quinnipiack Valley Health District dated June 28, 2013, to be fully enforced.
5) Copy of Deed of Merger to be filed on Land Records at time of the Special Exception Permit filing on the Land Records.
6) No boarding is permitted as part of this approval.
7) Maximum number of horses limited to four (4).
Vote: 5 to 0.
Voting for: Brinton, Amadeo, Calhoun, Sullivan, Goldner.
Unanimous approval.
2. 696 Amity Road, Unit A-4, Application #2013-009 submitted by Mirian Echevarria for a Change of Use Permit to operate a barbershop –
No one was present for this application. Isabel Kearns, ZEO, stated that the Quinnipiack Valley Health District, did not approve the application and Ms. Kearns requested that the applicant withdraw the application to receive a refund of the application fee but she did not, therefore, due to the lapse of time, the Commission needs to deny the application.
Commission members proceeded to deliberate. It was moved by Amadeo and seconded by Calhoun to deny, without prejudice, Application #2013-009 submitted by Mirian Echevarria for a barbershop due to the denial of this application by the Quinnipiack Valley Health District and the applicant’s failure to withdraw the application as requested by the Zoning Enforcement Officer.
Vote: 5 to 0.
Voting for: Brinton, Amadeo, Calhoun, Sullivan, Goldner.
Unanimous approval.
3) Application #2013-013 submitted by Anthony Esposito for various zoning amendments – Mr. Esposito was not present but he had submitted a letter to Consent to Extension of Time dated July 1, 2013, for a 35 day extension to begin the public hearing.
Hiram Peck, Town Planner, met with Mr. Esposito on June 14, 2013, and discussed the Town Attorney’s letter dated May 15, 2013. Mr. Peck stated that at that time Mr. Esposito was not interested in withdrawing the application and that I suggested to him that he might need to get an attorney to comment on the Town Attorney’s letter.
This item will be tabled until the next regular meeting on August 7, 2013.
It was moved by Sullivan and seconded by Amadeo to accept and grant the extension of 35 days from Anthony Esposito to schedule the public hearing.
Tabled.
4) Discussion with ZEO regarding signage for larger parcels/Airport Property –
Hiram Peck, Town Planner, stated this item has been resolved and he has written a letter to First Selectman Gorski regarding a historic sign and no internally lit signs.
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. - Clerk will forward copy to members. Tabled.
6) Continue discussion on Village Districts – Clerk will forward copy to members. Tabled.
7) Discuss increasing application fees – Tabled.
APPROVAL OF MINUTES
Donna Shea, Alternate, was seated as a voting member for the approval of the minutes.
1. It was moved by Calhoun and seconded by Shea to approve, as submitted, the minutes of the June 5, 2013, Regular Meeting.
Voting for: Brinton, Calhoun, Shea.
Unanimous approval.
BILLS
1. It was moved by Goldner and seconded by Calhoun to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for June 2013, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Quinnipiack Valley Health District, dated June 28, 2013, Re: Comments on review of Application #2013-015 for 110 Hatfield Hill Road.
2. Letter from SCC Regional Water Authority, dated July 1, 2013, Re: Review comments for 110 Hatfield Hill Road, special exception permit for riding academy.
3. Letter from SCC Regional Water Authority, dated July 1, 2013, Re: Review comments for 37 Carmel Road, home occupation – office for landscaping business.
4. Letter of Consent of Extension of Time from Anthony Esposito for Application #2013-013 for extension of 35 days to begin the public hearing on subject application.
5. Copy of Municipal Citation to Daniel Dinis of 27 Hamilton Drive sent by the Zoning Enforcement Officer.
6. Letter from Isabel Kearns, ZEO, to Joseph Barnick and David Dimella, dated July 2, 2013, Re: Cease and Desist Order, Zoning Enforcement for 850 Carrington Road.
7. Letter from Isabel Kearns, ZEO, to Allyn J. Foss Trust, dated July 1, 2013, Re: Cease and Desist Order, Zoning Enforcement for 93 Lacey Road.
8. Letter from Isabel Kearns, ZEO, to Mark D’Andrea, Aqua Turf Irrigation, dated July 1, 2013, Re: Cease and Desist Order, Zoning Enforcement for 860 Carrington Road.
9. Letter from Isabel Kearns, ZEO, to Garrett Vorio, dated June 20, 2013, Re: Final Courtesy Correspondence for violation for outside storage for 415 Fairwood Road.
10. Letter from Isabel Kearns, ZEO, to Mr. & Mrs. Todd Ryker, dated June 20, 2013, Re: Final Courtesy Correspondence for violation for outside storage for 2 Clay Road.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Summer 2013.
2. The Connecticut Landscape Architect, Spring 2013.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO, submitted a chart of the Building Permits dated July 1, 2013, that she issues administratively.
Ms. Kearns also stated she issued the first Municipal Citation to Daniel Dinis of 27 Hamilton Drive and has sent out numerous letters for zoning violations listed in Correspondence.
Hiram Peck, Town Planner, suggested having a basic workshop on land use law by Attorney Steve Byrne of the Connecticut Federation of Planning and Zoning Agencies. Also, the Center for Land Use Education and Research (part of UCONN) offers a basic course.
There being no further business to come before the Commission, it was moved by Sullivan and seconded by Amadeo to adjourn the regular meeting at 8:45 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
Page 1 of 10
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, JUNE 24, 2013 Page 1 of 4
The regular meeting of the Inland Wetlands Commission was called to order at 7:37 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, arrived at
Kristine Sullivan, Vice-Chair
Brian Smith, Member
Lisa Gaw, Member
The following member of the Commission was absent or excused:
Roger Hathaway, Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
It was moved by Smith and seconded by Gaw to add Application #1200 and #1201 to the agenda. Unanimous approval.
NEW BUSINESS
1. 74 Amity Road, Application #1200 submitted by Chemtura Corporation for an Inland Wetlands Permit for remediation of pesticides within wetlands, via soil excavation and removal –
The Commission formally received the application. Present to speak on behalf of this application was Russ Dirienzo, Principal Geologist of ARCADIS.
Mr. Dirienzo reviewed the proposed project noting:
• Proposal is to remove two feet of soil.
• Small quantities of chemicals tested in greenhouse and orchards.
• Basins were all cleaned out and installed a carbon filtration system.
• Water in swale not contaminated just the soil.
• Will invite Ron Walters of the Regional Water Authority to the next meeting.
In discussion, Commission members noted:
• Commission would like to visit the site.
• Estimated time to remove contaminated material will take two weeks.
• Best time to do this is in dry season.
• CT Remediation Standards of contamination are very low for the subject area.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, July 22, 2013. Tabled.
2. 1070 Amity Road, Application #1201 submitted by Third Garden Park Limited Partnership for an Inland Wetlands Permit for the installation of well and electric lines for new wells –
The Commission formally received the application. Present to speak on behalf of this application was Douglas Heroux, Director of Construction for Garden Homes Management Corporation.
Mr. Heroux reviewed the proposed project noting:
• The property owner is being mandated by the State of Connecticut to install this new well system for better water quality and this needs to be completed by September 1, 2013.
• There is no other access to the wells but to encroach on small wetlands area. (Skirting the outside of the wetlands.)
• Installing all new wiring to each well.
• Proposing a generator for the new system.
• Potential for ledge in path to south well.
• All wells are currently in place.
• It would take 2 to 2 ½ weeks to complete this project.
In discussion, Commission members noted:
• Applicant proposing silt fence and haybales for erosion controls.
• Commission would like to visit the site.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, July 22, 2013. Tabled.
OLD BUSINESS
1. Discussion regarding Bethany West clearing. (Letter from Roman Mrozinski/Southwest Conservation District) – Tabled.
2. Show Cause Hearing regarding 290 Amity Road, Clement, Cease and Desist the cutting of trees in wetlands or upland review area – The Commission determined the tree cutting is not on the Clement property.
3. Continuation of Show Cause Hearing regarding 292 Amity Road, Gombos, Cease and Desist the cutting of trees in wetlands or upland review area –
Present for the continuation of the Show Cause Hearing was Steve Gombos of 292 Amity Road.
Members Breslin, Sullivan, Hathaway and Inland Wetlands Enforcement Officer Kearns visited the site on June 22, 2013.
In discussion, Commission members noted:
• At the site visit, Mr. Gombos showed us the area where he wants to plant and stated he will stay 15 feet away from the stream corridor.
• Mr. Gombos will be planting root vegetables.
• Mr. Gombos will be clearing less than an acre for planting.
• Soil is very rich.
• Expanding agricultural use of the property.
The Commission would like Mr. Gombos to put together a brief description of the area that he is clearing, the root crops he is planning on growing and the keeping away of the 15 feet along the brook and then the Commission can reply that they visited the site and have determined this is an agricultural use.
It was moved by Sullivan and seconded by Gaw that the Inland Wetlands Commission has determined that based on the site inspection and the field description provided by Mr. Gombos on the site inspection and submission of a marked up map and narrative describing that, the Commission agrees this is an as-of-right use to conduct the root crop planting in the subject area. The Inland Wetlands Commission Chair must proof the letter.
Unanimous approval.
Mr. Gombos will work with the IWEO on completing the letter for the Commission.
4. Discussion with David Puzone, regarding 33 Deerfield Lane, development of property –
Member Sullivan recused herself.
Chair Breslin stated that she is working with Isabel Kearns, IWEO, on drafting the letter to Mr. Puzone in regard to the Commission’s recommendation of placing a pipe under the driveway for the protection of the wetlands. Chair Breslin and Ms. Kearns will continue reviewing the file and preparing the letter to Mr. Puzone. Tabled.
5. 185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn –Tabled.
6. Continuation of Show Cause Hearing regarding Town of Bethany drainage repairs conducted in a regulated area without an Inland Wetlands Permit – The Commission will schedule a site visit to revisit Anthony Court. Tabled.
7. Update on appeal submitted by James Woodward for 46 Mesa Drive – No update. Tabled.
8. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT – Member Sullivan will resend draft regulations. Tabled.
APPROVAL OF MINUTES
1. It was moved by Smith and seconded by Gaw to approve, as submitted, the minutes of the May 28, 2013, Regular Meeting.
Voting were: Breslin, Smith, Gaw.
Sullivan abstained for she was not present.
Unanimous approval.
PUBLICATIONS
1) The Habitat, A newsletter of the CT Association of Conservation and Inland Wetlands Commissions, Inc., Spring 2013.
2) Connecticut Wildlife, May/June 2013.
ENFORCEMENT OFFICER REPORTS
Isabel Kearns, IWEO, attended the DEEP 2013 Municipal Inland Wetlands Agency Continuing Education Training and provided pages of information to Commission members. Ms. Kearns reviewed the section of the Standard Conditions of an IW permit and suggested that the Commission needs to revise their Standard Conditions. The Clerk will email Standard Conditions to Commission members.
SCHEDULE SITE VISITS
The Commission scheduled a site visit for Sunday, July 7, 2013 at 8:00 a.m. Commission members to meet at the Town Hall parking lot and visit 74 Amity Road, 1070 Amity Road, and the west side of Anthony Court.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Smith and seconded by Gaw to adjourn the regular meeting at 9:15 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
The regular meeting of the Inland Wetlands Commission was called to order at 7:37 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, arrived at
Kristine Sullivan, Vice-Chair
Brian Smith, Member
Lisa Gaw, Member
The following member of the Commission was absent or excused:
Roger Hathaway, Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
It was moved by Smith and seconded by Gaw to add Application #1200 and #1201 to the agenda. Unanimous approval.
NEW BUSINESS
1. 74 Amity Road, Application #1200 submitted by Chemtura Corporation for an Inland Wetlands Permit for remediation of pesticides within wetlands, via soil excavation and removal –
The Commission formally received the application. Present to speak on behalf of this application was Russ Dirienzo, Principal Geologist of ARCADIS.
Mr. Dirienzo reviewed the proposed project noting:
• Proposal is to remove two feet of soil.
• Small quantities of chemicals tested in greenhouse and orchards.
• Basins were all cleaned out and installed a carbon filtration system.
• Water in swale not contaminated just the soil.
• Will invite Ron Walters of the Regional Water Authority to the next meeting.
In discussion, Commission members noted:
• Commission would like to visit the site.
• Estimated time to remove contaminated material will take two weeks.
• Best time to do this is in dry season.
• CT Remediation Standards of contamination are very low for the subject area.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, July 22, 2013. Tabled.
2. 1070 Amity Road, Application #1201 submitted by Third Garden Park Limited Partnership for an Inland Wetlands Permit for the installation of well and electric lines for new wells –
The Commission formally received the application. Present to speak on behalf of this application was Douglas Heroux, Director of Construction for Garden Homes Management Corporation.
Mr. Heroux reviewed the proposed project noting:
• The property owner is being mandated by the State of Connecticut to install this new well system for better water quality and this needs to be completed by September 1, 2013.
• There is no other access to the wells but to encroach on small wetlands area. (Skirting the outside of the wetlands.)
• Installing all new wiring to each well.
• Proposing a generator for the new system.
• Potential for ledge in path to south well.
• All wells are currently in place.
• It would take 2 to 2 ½ weeks to complete this project.
In discussion, Commission members noted:
• Applicant proposing silt fence and haybales for erosion controls.
• Commission would like to visit the site.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, July 22, 2013. Tabled.
OLD BUSINESS
1. Discussion regarding Bethany West clearing. (Letter from Roman Mrozinski/Southwest Conservation District) – Tabled.
2. Show Cause Hearing regarding 290 Amity Road, Clement, Cease and Desist the cutting of trees in wetlands or upland review area – The Commission determined the tree cutting is not on the Clement property.
3. Continuation of Show Cause Hearing regarding 292 Amity Road, Gombos, Cease and Desist the cutting of trees in wetlands or upland review area –
Present for the continuation of the Show Cause Hearing was Steve Gombos of 292 Amity Road.
Members Breslin, Sullivan, Hathaway and Inland Wetlands Enforcement Officer Kearns visited the site on June 22, 2013.
In discussion, Commission members noted:
• At the site visit, Mr. Gombos showed us the area where he wants to plant and stated he will stay 15 feet away from the stream corridor.
• Mr. Gombos will be planting root vegetables.
• Mr. Gombos will be clearing less than an acre for planting.
• Soil is very rich.
• Expanding agricultural use of the property.
The Commission would like Mr. Gombos to put together a brief description of the area that he is clearing, the root crops he is planning on growing and the keeping away of the 15 feet along the brook and then the Commission can reply that they visited the site and have determined this is an agricultural use.
It was moved by Sullivan and seconded by Gaw that the Inland Wetlands Commission has determined that based on the site inspection and the field description provided by Mr. Gombos on the site inspection and submission of a marked up map and narrative describing that, the Commission agrees this is an as-of-right use to conduct the root crop planting in the subject area. The Inland Wetlands Commission Chair must proof the letter.
Unanimous approval.
Mr. Gombos will work with the IWEO on completing the letter for the Commission.
4. Discussion with David Puzone, regarding 33 Deerfield Lane, development of property –
Member Sullivan recused herself.
Chair Breslin stated that she is working with Isabel Kearns, IWEO, on drafting the letter to Mr. Puzone in regard to the Commission’s recommendation of placing a pipe under the driveway for the protection of the wetlands. Chair Breslin and Ms. Kearns will continue reviewing the file and preparing the letter to Mr. Puzone. Tabled.
5. 185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn –Tabled.
6. Continuation of Show Cause Hearing regarding Town of Bethany drainage repairs conducted in a regulated area without an Inland Wetlands Permit – The Commission will schedule a site visit to revisit Anthony Court. Tabled.
7. Update on appeal submitted by James Woodward for 46 Mesa Drive – No update. Tabled.
8. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT – Member Sullivan will resend draft regulations. Tabled.
APPROVAL OF MINUTES
1. It was moved by Smith and seconded by Gaw to approve, as submitted, the minutes of the May 28, 2013, Regular Meeting.
Voting were: Breslin, Smith, Gaw.
Sullivan abstained for she was not present.
Unanimous approval.
PUBLICATIONS
1) The Habitat, A newsletter of the CT Association of Conservation and Inland Wetlands Commissions, Inc., Spring 2013.
2) Connecticut Wildlife, May/June 2013.
ENFORCEMENT OFFICER REPORTS
Isabel Kearns, IWEO, attended the DEEP 2013 Municipal Inland Wetlands Agency Continuing Education Training and provided pages of information to Commission members. Ms. Kearns reviewed the section of the Standard Conditions of an IW permit and suggested that the Commission needs to revise their Standard Conditions. The Clerk will email Standard Conditions to Commission members.
SCHEDULE SITE VISITS
The Commission scheduled a site visit for Sunday, July 7, 2013 at 8:00 a.m. Commission members to meet at the Town Hall parking lot and visit 74 Amity Road, 1070 Amity Road, and the west side of Anthony Court.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Smith and seconded by Gaw to adjourn the regular meeting at 9:15 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, JUNE 5, 2013 Page 1 of 5
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
Donna Shea, Alternate Member
Also present were:
Hiram Peck, Planning Consultant
APPROVAL OF MINUTES
1. It was moved by Calhoun and seconded by Winer to approve, as submitted, the minutes of the May 1, 2013, Regular Meeting.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
BILLS
1. It was moved by Shurtleff and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for May 2013, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Copy of email from Nelly Rabinowitz to Nancy McCarthy, Town Clerk, dated May 31, 2013, Re: Moving to Seattle and will not be able to serve as Alternate on the Planning and Zoning Commission.
2. Letter from South Central Connecticut Regional Water Authority, dated May 28, 2013, Re: 649 Amity Road, Mobile Consignment Shop.
3. Memo from Mark Glazer, dated May 16, 2013, Re: Withdrawal of Application #2013-012, 696 Amity Road, Units B3, 4, and 5.
4. Letter from Town Attorney Kevin McSherry, dated May 15, 2013, Re: Review comments on Application #2013-013 submitted by Anthony Esposito.
5. Letter from Isabel Kearns, ZEO, to Christina Lapham of 354 Sperry Road, dated May 28, 2013, Re: Notice of Violation of property located at 354 Sperry Road.
6. Letter from Isabel Kearns, ZEO, to Mark DAndrea of 860 Carrington Road, dated May 2, 2013, Re: Notice of Violation of property located at 860 Carrington Road.
7. Letter from Isabel Kearns, ZEO, to Mr. and Mrs. Todd Ryker of 2 Clay Road, dated May 7, 2013, Re: Cease and Desist Order on property located at 2 Clay Road.
8. Letter from SCC Regional Planning Commission to Town of Hamden, dated May 13, 2013, Re: Review of proposed zoning regulation amendments.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
ZEO not present.
NEW BUSINESS
1. Discussion with Jim Sakonchick regarding “4 Peck Road, Development Alternative” –
Present for this informal discussion was Jim Sakonchick, owner of record of 4 Peck Road. Mr. Sakonchick submitted a packet dated April 28, 2013, regarding “Request for development of workforce housing” for property located at 4 Peck Road. Mr. Sakonchick reviewed his proposed plan to have the Silas Hotchkiss House remain as a residence and his proposal to build a second house that would contain both a typical family residence and an affordable one bedroom accessory apartment.
Hiram Peck, Planning Consultant, stated the Zoning Regulations do not allow for two dwellings on a single lot.
Chair Spear stated it was Mr. Sakonchick’s choice as to which way to go.
2. 135 Pole Hill Road, Discussion regarding agricultural endeavor –
Present for this informal discussion was Jeremy Shulick and Stephanie Fallon, potential home buyers of 135 Pole Hill Road. Mr. Shulick stated he would like to run a homestead style farm and raise most of his own food. He would like to have a rooster but is concerned that the neighbors would complain of the noise from the rooster so he is not sure if he should purchase the property. Commission members stated some of them have roosters and suggested if someone complains you need to have a neighbor to neighbor conversation.
3. Discussion with ZEO regarding signage for larger parcels/Airport Property –
The ZEO was not present. Chair Spear stated that the Town Airport property would like more event signs but right now there are more signs than is allowed and that the Commission needs to work on a sign regulation.
Hiram Peck, Planning Consultant, briefly reviewed the topic mentioning historic signs and temporary signs for the Town in a specific area.
Chair Spear recommended that Mr. Peck review and draft a regulation for the Commission to review. Tabled.
4. 649 Amity Road, #104, Application 2013-014 submitted by Mark Glazer (The Mobile Consignment Shop LLC) for a Change of Use Permit to operate an eBay business –
The Commission formally received the application. Present to speak on behalf of this application was Mark Glazer, applicant.
Chair Spear reviewed the contents of the application file.
Mr. Glazer reviewed the proposed project noting:
• He does not want a sign.
• The current use of the property is office.
• There is plenty of parking.
Commission members discussed and proceeded to deliberate. It was moved by Winer and seconded by Calhoun to approve the following resolution for Application #2013-014:
Whereas, Mark Glazer applied on June 5, 2013, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate The Mobile Consignment Shop, which consists of: 1) an office for five (5) full-time and three (3) part-time employees, 2) a collectable sale which is open to the public the first Saturday every month from 7:00 a.m. to 1:00 p.m. and 3) E-Bay classes on Tuesday and Thursday evenings from 6:00 p.m. to 8:00 p.m. (maximum eight (8) students) located at 649 Amity Road, Unit 104;
Whereas, in an e-mail dated May 16, 2013, Charon Squitiero, Manager for the Lorraine B. Hardy 1999 Family Limited Partnership, authorized Mark Glazer to apply for any land-use permits for The Mobile Consignment Shop occupying Unit 104 of 649 Amity Road;
Whereas, the Commission, at its regular meeting of June 5, 2013, considered the application information, statement of use, testimony and other pertinent information relating to a request for the change of use for The Mobile Consignment Shop, as described above, in Unit 104 of 649 Amity Road;
Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;
Now Therefore the Commission makes the following findings of fact:
1) John Laudano, representative of Quinnipiack Valley Health District signed off on the back of the application form on June 3, 2013, indicating his approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on May 20, 2013, indicating his approval of this application.
3) The Commission received a letter dated May 28, 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 to operate The Mobile Consignment Shop, which consists of: 1) an office for five (5) full-time and three (3) part-time employees, 2) a collectable sale which is open to the public the first Saturday every month from 7:00 a.m. to 1:00 p.m. and 3) E-Bay classes on Tuesday and Thursday evenings from 6:00 p.m. to 8:00 p.m. (maximum eight (8) students) located at 649 Amity Road, Unit 104, and with the following condition:
1) A building permit for an Interior-Fit-Out must be approved by the Building Official and the Fire Marshal prior to any renovations to or occupancy of the building.
Vote 5 to 0.
Voting for: Spear, Shurtleff, Winer, Brinton, Calhoun.
Unanimous approval.
5. 110 Hatfield Hill Road, Application #2013-015 submitted by Claire Wiseman (Red Skye Therapy) for a Special Exception Permit for a riding academy –
The Commission formally received the application. No one was present to speak on behalf of this application.
The Commission scheduled a public hearing date for the next regular meeting on Wednesday, July 3, 2013. Tabled.
6. Appointment of alternates to replace Marc Adelberg and Nellie Rabinowitz –
It was moved by Calhoun and seconded by Winer that the Planning and Zoning Commission voted unanimously to appoint the following Bethany residents as Alternates on the Planning and Zoning Commission:
• James Gugliotti, 18 Beacon Road, Bethany
• Bradford Buchta, 508 Amity Road, Bethany
Vote 5 to 0.
Voting for: Spear, Shurtleff, Winer, Brinton, Calhoun.
Unanimous approval.
OLD BUSINESS
1. 696 Amity Road, Unit A-4, Application #2013-009 submitted by Mirian Echerarria for a Change of Use Permit to operate a barbershop –
No one was present.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, June 5, 2013. Tabled.
2. 696 Amity Road, Units 3B, 4B, and 5B, Application #2013-012 submitted by The Mobile Consignment Shop LLC, for a Change of Use to operate an office for an eBay business – Applicant submitted a letter to withdraw the application dated May 16, 2013.
3. Application #2013-013 submitted by Anthony Esposito for various zoning amendments –
Present to speak on behalf of this application was Anthony Esposito.
Attorney McSherry prepared a brief dated May 15, 2013.
Hiram Peck, Planning Consultant, stated that reviewing Attorney McSherry’s brief it seems five of the proposed amendments do not fall under the Commission’s jurisdiction or authority.
The Commission is not ready to set a hearing date.
Mr. Esposito will meet with Mr. Peck to discuss the proposed amendments. Tabled.
4. 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.
5. Continue discussion on Village Districts – Tabled.
6. Discuss increasing application fees – Tabled.
First Selectman Derry Gorski presented individually to the three members leaving the Commission (Melissa Spear, Mary Shurtleff and Patsy Winer) with a proclamation in honor of their service to the Town of Bethany.
There being no further business to come before the Commission, it was moved by Brinton and seconded by Calhoun 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
Michael Calhoun, Member
Kimberly McClure Brinton, Member
Patricia Winer, Member
Donna Shea, Alternate Member
Also present were:
Hiram Peck, Planning Consultant
APPROVAL OF MINUTES
1. It was moved by Calhoun and seconded by Winer to approve, as submitted, the minutes of the May 1, 2013, Regular Meeting.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
BILLS
1. It was moved by Shurtleff and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for May 2013, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Copy of email from Nelly Rabinowitz to Nancy McCarthy, Town Clerk, dated May 31, 2013, Re: Moving to Seattle and will not be able to serve as Alternate on the Planning and Zoning Commission.
2. Letter from South Central Connecticut Regional Water Authority, dated May 28, 2013, Re: 649 Amity Road, Mobile Consignment Shop.
3. Memo from Mark Glazer, dated May 16, 2013, Re: Withdrawal of Application #2013-012, 696 Amity Road, Units B3, 4, and 5.
4. Letter from Town Attorney Kevin McSherry, dated May 15, 2013, Re: Review comments on Application #2013-013 submitted by Anthony Esposito.
5. Letter from Isabel Kearns, ZEO, to Christina Lapham of 354 Sperry Road, dated May 28, 2013, Re: Notice of Violation of property located at 354 Sperry Road.
6. Letter from Isabel Kearns, ZEO, to Mark DAndrea of 860 Carrington Road, dated May 2, 2013, Re: Notice of Violation of property located at 860 Carrington Road.
7. Letter from Isabel Kearns, ZEO, to Mr. and Mrs. Todd Ryker of 2 Clay Road, dated May 7, 2013, Re: Cease and Desist Order on property located at 2 Clay Road.
8. Letter from SCC Regional Planning Commission to Town of Hamden, dated May 13, 2013, Re: Review of proposed zoning regulation amendments.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
ZEO not present.
NEW BUSINESS
1. Discussion with Jim Sakonchick regarding “4 Peck Road, Development Alternative” –
Present for this informal discussion was Jim Sakonchick, owner of record of 4 Peck Road. Mr. Sakonchick submitted a packet dated April 28, 2013, regarding “Request for development of workforce housing” for property located at 4 Peck Road. Mr. Sakonchick reviewed his proposed plan to have the Silas Hotchkiss House remain as a residence and his proposal to build a second house that would contain both a typical family residence and an affordable one bedroom accessory apartment.
Hiram Peck, Planning Consultant, stated the Zoning Regulations do not allow for two dwellings on a single lot.
Chair Spear stated it was Mr. Sakonchick’s choice as to which way to go.
2. 135 Pole Hill Road, Discussion regarding agricultural endeavor –
Present for this informal discussion was Jeremy Shulick and Stephanie Fallon, potential home buyers of 135 Pole Hill Road. Mr. Shulick stated he would like to run a homestead style farm and raise most of his own food. He would like to have a rooster but is concerned that the neighbors would complain of the noise from the rooster so he is not sure if he should purchase the property. Commission members stated some of them have roosters and suggested if someone complains you need to have a neighbor to neighbor conversation.
3. Discussion with ZEO regarding signage for larger parcels/Airport Property –
The ZEO was not present. Chair Spear stated that the Town Airport property would like more event signs but right now there are more signs than is allowed and that the Commission needs to work on a sign regulation.
Hiram Peck, Planning Consultant, briefly reviewed the topic mentioning historic signs and temporary signs for the Town in a specific area.
Chair Spear recommended that Mr. Peck review and draft a regulation for the Commission to review. Tabled.
4. 649 Amity Road, #104, Application 2013-014 submitted by Mark Glazer (The Mobile Consignment Shop LLC) for a Change of Use Permit to operate an eBay business –
The Commission formally received the application. Present to speak on behalf of this application was Mark Glazer, applicant.
Chair Spear reviewed the contents of the application file.
Mr. Glazer reviewed the proposed project noting:
• He does not want a sign.
• The current use of the property is office.
• There is plenty of parking.
Commission members discussed and proceeded to deliberate. It was moved by Winer and seconded by Calhoun to approve the following resolution for Application #2013-014:
Whereas, Mark Glazer applied on June 5, 2013, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate The Mobile Consignment Shop, which consists of: 1) an office for five (5) full-time and three (3) part-time employees, 2) a collectable sale which is open to the public the first Saturday every month from 7:00 a.m. to 1:00 p.m. and 3) E-Bay classes on Tuesday and Thursday evenings from 6:00 p.m. to 8:00 p.m. (maximum eight (8) students) located at 649 Amity Road, Unit 104;
Whereas, in an e-mail dated May 16, 2013, Charon Squitiero, Manager for the Lorraine B. Hardy 1999 Family Limited Partnership, authorized Mark Glazer to apply for any land-use permits for The Mobile Consignment Shop occupying Unit 104 of 649 Amity Road;
Whereas, the Commission, at its regular meeting of June 5, 2013, considered the application information, statement of use, testimony and other pertinent information relating to a request for the change of use for The Mobile Consignment Shop, as described above, in Unit 104 of 649 Amity Road;
Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;
Now Therefore the Commission makes the following findings of fact:
1) John Laudano, representative of Quinnipiack Valley Health District signed off on the back of the application form on June 3, 2013, indicating his approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on May 20, 2013, indicating his approval of this application.
3) The Commission received a letter dated May 28, 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 to operate The Mobile Consignment Shop, which consists of: 1) an office for five (5) full-time and three (3) part-time employees, 2) a collectable sale which is open to the public the first Saturday every month from 7:00 a.m. to 1:00 p.m. and 3) E-Bay classes on Tuesday and Thursday evenings from 6:00 p.m. to 8:00 p.m. (maximum eight (8) students) located at 649 Amity Road, Unit 104, and with the following condition:
1) A building permit for an Interior-Fit-Out must be approved by the Building Official and the Fire Marshal prior to any renovations to or occupancy of the building.
Vote 5 to 0.
Voting for: Spear, Shurtleff, Winer, Brinton, Calhoun.
Unanimous approval.
5. 110 Hatfield Hill Road, Application #2013-015 submitted by Claire Wiseman (Red Skye Therapy) for a Special Exception Permit for a riding academy –
The Commission formally received the application. No one was present to speak on behalf of this application.
The Commission scheduled a public hearing date for the next regular meeting on Wednesday, July 3, 2013. Tabled.
6. Appointment of alternates to replace Marc Adelberg and Nellie Rabinowitz –
It was moved by Calhoun and seconded by Winer that the Planning and Zoning Commission voted unanimously to appoint the following Bethany residents as Alternates on the Planning and Zoning Commission:
• James Gugliotti, 18 Beacon Road, Bethany
• Bradford Buchta, 508 Amity Road, Bethany
Vote 5 to 0.
Voting for: Spear, Shurtleff, Winer, Brinton, Calhoun.
Unanimous approval.
OLD BUSINESS
1. 696 Amity Road, Unit A-4, Application #2013-009 submitted by Mirian Echerarria for a Change of Use Permit to operate a barbershop –
No one was present.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, June 5, 2013. Tabled.
2. 696 Amity Road, Units 3B, 4B, and 5B, Application #2013-012 submitted by The Mobile Consignment Shop LLC, for a Change of Use to operate an office for an eBay business – Applicant submitted a letter to withdraw the application dated May 16, 2013.
3. Application #2013-013 submitted by Anthony Esposito for various zoning amendments –
Present to speak on behalf of this application was Anthony Esposito.
Attorney McSherry prepared a brief dated May 15, 2013.
Hiram Peck, Planning Consultant, stated that reviewing Attorney McSherry’s brief it seems five of the proposed amendments do not fall under the Commission’s jurisdiction or authority.
The Commission is not ready to set a hearing date.
Mr. Esposito will meet with Mr. Peck to discuss the proposed amendments. Tabled.
4. 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.
5. Continue discussion on Village Districts – Tabled.
6. Discuss increasing application fees – Tabled.
First Selectman Derry Gorski presented individually to the three members leaving the Commission (Melissa Spear, Mary Shurtleff and Patsy Winer) with a proclamation in honor of their service to the Town of Bethany.
There being no further business to come before the Commission, it was moved by Brinton and seconded by Calhoun to adjourn the regular meeting at 8:20 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, APRIL 22, 2013 Page 1 of 4
The regular meeting of the Inland Wetlands Commission was called to order at 7:37 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, who arrived at 7:50 p.m.
Kristine Sullivan, Vice-Chair
Brian Smith, Member
Roger Hathaway, Member
The following member of the Commission was absent or excused:
Lisa Gaw, Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
It was moved by Smith seconded by Hathaway to add Application #1198 and Application #1199 to the agenda for the April 22, 2013, regular meeting. Unanimous approval.
NEW BUSINESS
1. 251 Amity Road, Application #1196 submitted by Leon Putzig for an IW Permit to construct two decks, install new fencing, replace front steps and construct handicapped ramp –
The Commission formally received the application. Present to speak on behalf of this application was Leon Putzig, applicant and owner of record and his daughter, Heidi Putzig.
The Commission received a letter from the Regional Water Authority, dated April 22, 2013.
Ms. Putzig briefly reviewed the proposed project noting:
• The steps need to be reconstructed for better access for her mother.
• The fence was destroyed in a storm.
In discussion, Commission members noted:
• No need for site visit.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Tuesday, May 28, 2013. Tabled.
2. 48 Old Mill Road, Application #1197 submitted by William VanDoren (RWA) for an IW Permit for timber harvest requiring stream crossings and harvest of trees around periphery of wetlands and along streams –
The Commission formally received the application. Present to speak on behalf of this application was William VanDoren (Regional Water Authority, Forestry Department), applicant.
The Commission received a letter from the Regional Water Authority, dated April 22, 2013.
Mr. VanDoren reviewed the proposed project noting:
• Timber harvest will be taking place in two towns (Bethany and Woodbridge)
• There will be one stream crossing.
• Proposing to use poles or a bridge at the location of the stream crossing.
In discussion, Commission members noted:
• No need to visit the site.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Tuesday, May 28, 2013. Tabled.
3. 619 Bethmour Road, Application #1198 submitted by Seth and Susan Harkness for an Inland Wetlands Permit to construct a residential site development –
The Commission formally received the application. Present to speak on behalf of this application was Seth Harkness, applicant.
Mr. Harkness reviewed the proposed project noting:
• He moved the location of the house to save trees.
• Does not want to cut down too many of the Norway Spruce trees.
• He is an Arborist by trade.
In discussion, Commission members noted:
• Will make a condition on permit regarding the sedimentation and erosion controls.
• No need to visit the site.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Tuesday, May 28, 2013. Tabled.
4. Bethridge and Old Mill Road, Application #1199 submitted by the Town of Bethany for and Inland Wetlands Permit for drainage improvements -
The Commission formally received the application. Present to speak on behalf of this application was Paul Crotta of Mesa Excavation & Paving, Inc., Bethany, CT.
Mr. Crotta reviewed the proposed project noting:
• The drainage corrections.
• Will be replacing pipes and catch basin structures.
Commission members previously visited the site and discussed the changes.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Tuesday, May 28, 2013. Tabled.
OLD BUSINESS
1. Discussion with David Puzone, regarding 33 Deerfield Lane, development of property –
Member Sullivan recused herself and left the meeting at 8:08 p.m. after all old business was discussed.
Chair Breslin stated she will draft a letter to Mr. Puzone that there is an existing permit approved by a previous commission and in order to protect the wetlands the present Inland Wetlands Commission would like to make recommendations and the Chair would be happy to speak to him about this matter. Tabled.
2. 185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn – Chair Breslin stated she received a report with recommendations from Roman Mrozinski of the Southwest Conservation District and will submit to the clerk to copy for Commission members. Tabled.
3. Continuation of Show Cause Hearing regarding Town of Bethany drainage repairs conducted in a regulated area without an Inland Wetlands Permit – Anthony Court needs to be revisited. Tabled.
4. Update on appeal submitted by James Woodward for 46 Mesa Drive – No update. Tabled.
5. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT – Member Sullivan is working on updating the regulations. Tabled.
APPROVAL OF MINUTES
1. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the March 25, 2013, Regular Meeting.
Voting were: Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.
CORRESPONDENCE
1) Letter from Ronald Walters, Regional Water Authority, dated April 22, 2013, Re: Comments on review of 251 Amity Road application, deck and ramp addition.
2) Letter from Ronald Walters, Regional Water Authority, dated April 22, 2013, Re: Comments on review of 48 Old Mill Road, timber harvest involving stream crossing.
ENFORCEMENT OFFICER REPORTS
Isabel Kearns, IWEO, submitted a sample “Declaration of Conservation Restrictions”, to send to the Clement’s of 290 Amity Road as a courtesy for the filing of the Conservation Easement on the Land Records.
SCHEDULE SITE VISITS
No site visits to schedule.
Chair Breslin stated she also received a report from Roman Mrozinski of the Southwest Conservation District on the clearing around the Bethany West Lake area and would like the clerk to add this item to the agenda for the May 28, 2013 regular meeting for discussion.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Hathaway and seconded by Smith to adjourn the regular meeting at 8:18 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
The regular meeting of the Inland Wetlands Commission was called to order at 7:37 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, who arrived at 7:50 p.m.
Kristine Sullivan, Vice-Chair
Brian Smith, Member
Roger Hathaway, Member
The following member of the Commission was absent or excused:
Lisa Gaw, Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
It was moved by Smith seconded by Hathaway to add Application #1198 and Application #1199 to the agenda for the April 22, 2013, regular meeting. Unanimous approval.
NEW BUSINESS
1. 251 Amity Road, Application #1196 submitted by Leon Putzig for an IW Permit to construct two decks, install new fencing, replace front steps and construct handicapped ramp –
The Commission formally received the application. Present to speak on behalf of this application was Leon Putzig, applicant and owner of record and his daughter, Heidi Putzig.
The Commission received a letter from the Regional Water Authority, dated April 22, 2013.
Ms. Putzig briefly reviewed the proposed project noting:
• The steps need to be reconstructed for better access for her mother.
• The fence was destroyed in a storm.
In discussion, Commission members noted:
• No need for site visit.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Tuesday, May 28, 2013. Tabled.
2. 48 Old Mill Road, Application #1197 submitted by William VanDoren (RWA) for an IW Permit for timber harvest requiring stream crossings and harvest of trees around periphery of wetlands and along streams –
The Commission formally received the application. Present to speak on behalf of this application was William VanDoren (Regional Water Authority, Forestry Department), applicant.
The Commission received a letter from the Regional Water Authority, dated April 22, 2013.
Mr. VanDoren reviewed the proposed project noting:
• Timber harvest will be taking place in two towns (Bethany and Woodbridge)
• There will be one stream crossing.
• Proposing to use poles or a bridge at the location of the stream crossing.
In discussion, Commission members noted:
• No need to visit the site.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Tuesday, May 28, 2013. Tabled.
3. 619 Bethmour Road, Application #1198 submitted by Seth and Susan Harkness for an Inland Wetlands Permit to construct a residential site development –
The Commission formally received the application. Present to speak on behalf of this application was Seth Harkness, applicant.
Mr. Harkness reviewed the proposed project noting:
• He moved the location of the house to save trees.
• Does not want to cut down too many of the Norway Spruce trees.
• He is an Arborist by trade.
In discussion, Commission members noted:
• Will make a condition on permit regarding the sedimentation and erosion controls.
• No need to visit the site.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Tuesday, May 28, 2013. Tabled.
4. Bethridge and Old Mill Road, Application #1199 submitted by the Town of Bethany for and Inland Wetlands Permit for drainage improvements -
The Commission formally received the application. Present to speak on behalf of this application was Paul Crotta of Mesa Excavation & Paving, Inc., Bethany, CT.
Mr. Crotta reviewed the proposed project noting:
• The drainage corrections.
• Will be replacing pipes and catch basin structures.
Commission members previously visited the site and discussed the changes.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Tuesday, May 28, 2013. Tabled.
OLD BUSINESS
1. Discussion with David Puzone, regarding 33 Deerfield Lane, development of property –
Member Sullivan recused herself and left the meeting at 8:08 p.m. after all old business was discussed.
Chair Breslin stated she will draft a letter to Mr. Puzone that there is an existing permit approved by a previous commission and in order to protect the wetlands the present Inland Wetlands Commission would like to make recommendations and the Chair would be happy to speak to him about this matter. Tabled.
2. 185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn – Chair Breslin stated she received a report with recommendations from Roman Mrozinski of the Southwest Conservation District and will submit to the clerk to copy for Commission members. Tabled.
3. Continuation of Show Cause Hearing regarding Town of Bethany drainage repairs conducted in a regulated area without an Inland Wetlands Permit – Anthony Court needs to be revisited. Tabled.
4. Update on appeal submitted by James Woodward for 46 Mesa Drive – No update. Tabled.
5. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT – Member Sullivan is working on updating the regulations. Tabled.
APPROVAL OF MINUTES
1. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the March 25, 2013, Regular Meeting.
Voting were: Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.
CORRESPONDENCE
1) Letter from Ronald Walters, Regional Water Authority, dated April 22, 2013, Re: Comments on review of 251 Amity Road application, deck and ramp addition.
2) Letter from Ronald Walters, Regional Water Authority, dated April 22, 2013, Re: Comments on review of 48 Old Mill Road, timber harvest involving stream crossing.
ENFORCEMENT OFFICER REPORTS
Isabel Kearns, IWEO, submitted a sample “Declaration of Conservation Restrictions”, to send to the Clement’s of 290 Amity Road as a courtesy for the filing of the Conservation Easement on the Land Records.
SCHEDULE SITE VISITS
No site visits to schedule.
Chair Breslin stated she also received a report from Roman Mrozinski of the Southwest Conservation District on the clearing around the Bethany West Lake area and would like the clerk to add this item to the agenda for the May 28, 2013 regular meeting for discussion.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Hathaway and seconded by Smith to adjourn the regular meeting at 8:18 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION SPECIAL MEETING/HEARING CONTINUATION OF WEDNESDAY, APRIL 17, 2013
Page 1 of 4
The Special Meeting of the Planning and Zoning Commission was called to order at 7:32 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
Karen Hubbell, Assistant Zoning Enforcement Officer
Hiram Peck, Planning Consultant
Kevin McSherry, Town Attorney
PUBLIC HEARING
• Application #2013-007 submitted by Green Haven Inc. pertaining to a proposed amendment to the Bethany Zoning Regulations to add Section 23 – Bethany Open Space Housing District.
Approximately 200 individuals were in attendance for the continuation of the public hearing for Application #2013-007 submitted by Green Haven Inc. for a proposed amendment to the Bethany Zoning Regulations to add Section 23 – Bethany Open Space Housing.
At 7:34 p.m., Chair Spear called to order the continuation of the public hearing on the above referenced application. The call for the public hearing was read. Chair Spear introduced the Commission and Staff.
John Paul Garcia, of 190 Fairwood Road, interjected with a point of order stating per the Connecticut State Statutes that Patsy Winer should not be seated on the Planning and Zoning Commission for this application as she is an abutting property owner to the property in subject. (Mr. Garcia submitted Exhibit 13A.)
Chair Spear reviewed the procedure that would be followed to conduct the public hearing continuation.
Anthony Esposito of 79 Meyers Road interjected with a point of order stating the continuation should start from where the public hearing left off at previous meeting, April 3, 2013, with public comments.
Kevin McSherry, Town Attorney, addressed procedural questions that were raised at the previous public hearing on April 3, 2013, regarding the process of this application.
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 - Letter from South Central Connecticut Regional Planning Commission, dated April 12, 2013, Re: Comments on Bethany Proposed Zoning Regulation Amendment to add Section 23- Bethany Open Space Housing District.
2) Exhibit 2A - Letter from Conservation Commission, dated April 14, 2013, Re: Amendment to prior statement submitted April 3, 2013, regarding proposed Open Space Housing District.
3) Exhibit 3A - Letter from Ronald Walters of the Regional Water Authority, dated April 15, 2013, Re: Comments on review of the revised Open Space Housing District Zoning Regulation.
4) Exhibit 4A - Letter from Thelma Lumpkin of 73 Sperry Road, dated April 4, 2013, Re: Comments on public hearing on April 3, 2013, on the amendment to add Open Space Housing District.
5) Exhibit 5A - Letter from Glen Barletta of 558 Litchfield Turnpike, submitted April 9, 2013, Re: Comments on proposed amendment to add Open Space Housing District.
6) Exhibit 6A - Letter from Eric and Kyoko Tischer of 344 Sperry Road, dated April 14, 2013, Re: New questions on proposed Zoning Regulation to add Section 23 – Open Space Housing District.
7) Exhibit 7A - Letter from Caltha Crowe of 932 Old Litchfield Turnpike, dated April 15, 2013, Re: Comments on proposed Open Space Housing District.
8) Exhibit 8A - 113 Blue Postcards to the Planning and Zoning Commission from Bethany Residents with 183 signatures regarding the proposed zoning change to establish Open Space Housing District in Bethany.
9) Exhibit 9A - Index card from Peter Stebinger of 615 Bethmour Road, submitted April 3, 2013, with a question on proposed zoning amendment.
10) Exhibit 10A - Index card with comment from Dori Ahern address unknown submitted April 3, 2013, Re: Green Haven proposal.
11) Exhibit 11A – Letter from Bill Shortell of West Hartford, submitted April 17, 2013, Re: Comments on Green Haven co-housing.
12) Exhibit 12A – Letter from Kristine Sullivan of 783 Amity Road, dated April 17, 2013, Re: Comments on Zoning Regulation Revision.
13) Exhibit 13A – Submitted by John Paul Garcia of 190 Fairwood Road, a copy of Connecticut State Statute Sec. 8-21- Disqualification of members in matters before planning or zoning commissions.
14) Exhibit 14A – Submitted by Anthony Esposito of 79 Meyers Road, copy of map entitled, “Properties Affected By The Proposed Zoning Change”.
15) Exhibit 15A – Submitted by Anthony Esposito of 79 Meyers Road, copy of “Protest Petition Against Change in Bethany Zoning Regulations”, one page.
16) Exhibit 16A – Submitted by Anthony Esposito of 79 Meyers Road, Audio File. CD.
17) Exhibit 17A – Submitted by Anthony Esposito of 79 Meyers Road, four pages of emails from Pat Stewart to Kathleen Schurman regarding publishing an article in the Bethany Bulletin.
18) Exhibit 18A – Submitted by Anthony Esposito, eleven pages of invoices from Hiram Peck, Planning Consultant for the Town of Bethany.
19) Exhibit 19A – Submitted by Anthony Esposito, 41 pages of a petition with signatures asking the Planning and Zoning Commission to disapprove the proposed zoning change.
20) Exhibit 20A – Letter submitted from David Tressel of 51 Hilltop Road, dated April 16, 2013, Re: Presentation comments on proposed amendment – Open Space Housing District.
21) Exhibit 21A – Copy of presentation submitted by Hiram Peck, Planning Consultant, dated April 17, 2013, Re: Response to Green Haven questions and comments.
Next to speak was Hiram Peck, Planning Consultant, who addressed the questions that were raised at the previous public hearing. (Mr. Peck submitted Exhibit 21A.)
Patricia Stewart of 79 Meyers Road interjected with a point of order stating the she feels the public is being worn down by more comments from Mr. Peck and the applicant.
The following individuals made a brief presentation at the continuation of the public hearing pertaining to the proposed amendment by Green Haven, Inc.:
• Jack Nork of 290 Beacon Road, Bethany, CT, member of the Green Haven Community.
• Attorney John Parese of Parrett, Porto, Parese & Colwell, Hamden, CT, representing the applicant, Green Haven, Inc., addressed the revisions which were made based upon comments and concerns mentioned at the previous public hearing.
The following residents spoke in opposition of the proposed amendment:
• Anthony Esposito of 79 Meyers Road. (Mr. Esposito submitted Exhibits 14A, 15A, 16A, 17A, 18A and 19A.)
• Norm Pattis of 36 Carrington Road.
• Joe Barletta of 71 Meyers Road.
• Allene Kelly of 208 Schaffer Road.
• Russ Von Beren of 134 Wooding Hill Road.
• David Tressel of 51 Hilltop Road. (Mr. Tressel submitted Exhibit 20A.)
• Ruth Beardsley of 820 Litchfield Turnpike.
• Bill Grieger of 185 Fairwood Road.
• CG Allison of 932 Litchfield Turnpike.
• Patricia Stewart of 79 Meyers Road read a letter from Thelma Lumpkin (Exhibit 4A) and spoke.
• Richard Podoloff of 20 Carrington Road.
• Andrew Liveten of 66 Carrington Road.
• Stuart Morgenstern of 17 Old Fairwood Road.
• Sharon Huxley of 340 Old Mill Road.
• Dennis Finneran of 28 Ralph Road.
• Andy Robinson of 27 Village Lane.
• Vincent Cofrancesco of Dayton Road.
• Aileen Magda of 28 Deerfield Road.
The following residents spoke in support of the proposed amendment:
• Carol Lambiase of 567 Carrington Road.
• Jean Swanson of 352 Amity Road.
• Brian Nitzer of 11 Carriage Drive.
• Marie Pulito of 6 Brookwood Road, member of the Green Haven Community.
Also speaking was Ronald Walters of the South Central Regional Water Authority who presented recommendations and submitted a letter, dated April 15, 2013. (Exhibit 3A)
Kevin McSherry, Town Attorney, stated the Commission has the authority to approve, modify or deny the application.
Patsy Winer asked a question about impervious surface and addressed the situation of her being on the Commission for this application and being an abutting property owner.
Attorney Parese answered a few more questions and ended his testimony.
After a brief discussion, it was the consensus of the Commission to close the public hearing.
There being no further discussion or questions at 10:14 p.m., it was moved by Brinton and seconded by Calhoun to close the public hearing. Unanimous approval.
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 10:15 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
Page 1 of 4
The Special Meeting of the Planning and Zoning Commission was called to order at 7:32 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
Karen Hubbell, Assistant Zoning Enforcement Officer
Hiram Peck, Planning Consultant
Kevin McSherry, Town Attorney
PUBLIC HEARING
• Application #2013-007 submitted by Green Haven Inc. pertaining to a proposed amendment to the Bethany Zoning Regulations to add Section 23 – Bethany Open Space Housing District.
Approximately 200 individuals were in attendance for the continuation of the public hearing for Application #2013-007 submitted by Green Haven Inc. for a proposed amendment to the Bethany Zoning Regulations to add Section 23 – Bethany Open Space Housing.
At 7:34 p.m., Chair Spear called to order the continuation of the public hearing on the above referenced application. The call for the public hearing was read. Chair Spear introduced the Commission and Staff.
John Paul Garcia, of 190 Fairwood Road, interjected with a point of order stating per the Connecticut State Statutes that Patsy Winer should not be seated on the Planning and Zoning Commission for this application as she is an abutting property owner to the property in subject. (Mr. Garcia submitted Exhibit 13A.)
Chair Spear reviewed the procedure that would be followed to conduct the public hearing continuation.
Anthony Esposito of 79 Meyers Road interjected with a point of order stating the continuation should start from where the public hearing left off at previous meeting, April 3, 2013, with public comments.
Kevin McSherry, Town Attorney, addressed procedural questions that were raised at the previous public hearing on April 3, 2013, regarding the process of this application.
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 - Letter from South Central Connecticut Regional Planning Commission, dated April 12, 2013, Re: Comments on Bethany Proposed Zoning Regulation Amendment to add Section 23- Bethany Open Space Housing District.
2) Exhibit 2A - Letter from Conservation Commission, dated April 14, 2013, Re: Amendment to prior statement submitted April 3, 2013, regarding proposed Open Space Housing District.
3) Exhibit 3A - Letter from Ronald Walters of the Regional Water Authority, dated April 15, 2013, Re: Comments on review of the revised Open Space Housing District Zoning Regulation.
4) Exhibit 4A - Letter from Thelma Lumpkin of 73 Sperry Road, dated April 4, 2013, Re: Comments on public hearing on April 3, 2013, on the amendment to add Open Space Housing District.
5) Exhibit 5A - Letter from Glen Barletta of 558 Litchfield Turnpike, submitted April 9, 2013, Re: Comments on proposed amendment to add Open Space Housing District.
6) Exhibit 6A - Letter from Eric and Kyoko Tischer of 344 Sperry Road, dated April 14, 2013, Re: New questions on proposed Zoning Regulation to add Section 23 – Open Space Housing District.
7) Exhibit 7A - Letter from Caltha Crowe of 932 Old Litchfield Turnpike, dated April 15, 2013, Re: Comments on proposed Open Space Housing District.
8) Exhibit 8A - 113 Blue Postcards to the Planning and Zoning Commission from Bethany Residents with 183 signatures regarding the proposed zoning change to establish Open Space Housing District in Bethany.
9) Exhibit 9A - Index card from Peter Stebinger of 615 Bethmour Road, submitted April 3, 2013, with a question on proposed zoning amendment.
10) Exhibit 10A - Index card with comment from Dori Ahern address unknown submitted April 3, 2013, Re: Green Haven proposal.
11) Exhibit 11A – Letter from Bill Shortell of West Hartford, submitted April 17, 2013, Re: Comments on Green Haven co-housing.
12) Exhibit 12A – Letter from Kristine Sullivan of 783 Amity Road, dated April 17, 2013, Re: Comments on Zoning Regulation Revision.
13) Exhibit 13A – Submitted by John Paul Garcia of 190 Fairwood Road, a copy of Connecticut State Statute Sec. 8-21- Disqualification of members in matters before planning or zoning commissions.
14) Exhibit 14A – Submitted by Anthony Esposito of 79 Meyers Road, copy of map entitled, “Properties Affected By The Proposed Zoning Change”.
15) Exhibit 15A – Submitted by Anthony Esposito of 79 Meyers Road, copy of “Protest Petition Against Change in Bethany Zoning Regulations”, one page.
16) Exhibit 16A – Submitted by Anthony Esposito of 79 Meyers Road, Audio File. CD.
17) Exhibit 17A – Submitted by Anthony Esposito of 79 Meyers Road, four pages of emails from Pat Stewart to Kathleen Schurman regarding publishing an article in the Bethany Bulletin.
18) Exhibit 18A – Submitted by Anthony Esposito, eleven pages of invoices from Hiram Peck, Planning Consultant for the Town of Bethany.
19) Exhibit 19A – Submitted by Anthony Esposito, 41 pages of a petition with signatures asking the Planning and Zoning Commission to disapprove the proposed zoning change.
20) Exhibit 20A – Letter submitted from David Tressel of 51 Hilltop Road, dated April 16, 2013, Re: Presentation comments on proposed amendment – Open Space Housing District.
21) Exhibit 21A – Copy of presentation submitted by Hiram Peck, Planning Consultant, dated April 17, 2013, Re: Response to Green Haven questions and comments.
Next to speak was Hiram Peck, Planning Consultant, who addressed the questions that were raised at the previous public hearing. (Mr. Peck submitted Exhibit 21A.)
Patricia Stewart of 79 Meyers Road interjected with a point of order stating the she feels the public is being worn down by more comments from Mr. Peck and the applicant.
The following individuals made a brief presentation at the continuation of the public hearing pertaining to the proposed amendment by Green Haven, Inc.:
• Jack Nork of 290 Beacon Road, Bethany, CT, member of the Green Haven Community.
• Attorney John Parese of Parrett, Porto, Parese & Colwell, Hamden, CT, representing the applicant, Green Haven, Inc., addressed the revisions which were made based upon comments and concerns mentioned at the previous public hearing.
The following residents spoke in opposition of the proposed amendment:
• Anthony Esposito of 79 Meyers Road. (Mr. Esposito submitted Exhibits 14A, 15A, 16A, 17A, 18A and 19A.)
• Norm Pattis of 36 Carrington Road.
• Joe Barletta of 71 Meyers Road.
• Allene Kelly of 208 Schaffer Road.
• Russ Von Beren of 134 Wooding Hill Road.
• David Tressel of 51 Hilltop Road. (Mr. Tressel submitted Exhibit 20A.)
• Ruth Beardsley of 820 Litchfield Turnpike.
• Bill Grieger of 185 Fairwood Road.
• CG Allison of 932 Litchfield Turnpike.
• Patricia Stewart of 79 Meyers Road read a letter from Thelma Lumpkin (Exhibit 4A) and spoke.
• Richard Podoloff of 20 Carrington Road.
• Andrew Liveten of 66 Carrington Road.
• Stuart Morgenstern of 17 Old Fairwood Road.
• Sharon Huxley of 340 Old Mill Road.
• Dennis Finneran of 28 Ralph Road.
• Andy Robinson of 27 Village Lane.
• Vincent Cofrancesco of Dayton Road.
• Aileen Magda of 28 Deerfield Road.
The following residents spoke in support of the proposed amendment:
• Carol Lambiase of 567 Carrington Road.
• Jean Swanson of 352 Amity Road.
• Brian Nitzer of 11 Carriage Drive.
• Marie Pulito of 6 Brookwood Road, member of the Green Haven Community.
Also speaking was Ronald Walters of the South Central Regional Water Authority who presented recommendations and submitted a letter, dated April 15, 2013. (Exhibit 3A)
Kevin McSherry, Town Attorney, stated the Commission has the authority to approve, modify or deny the application.
Patsy Winer asked a question about impervious surface and addressed the situation of her being on the Commission for this application and being an abutting property owner.
Attorney Parese answered a few more questions and ended his testimony.
After a brief discussion, it was the consensus of the Commission to close the public hearing.
There being no further discussion or questions at 10:14 p.m., it was moved by Brinton and seconded by Calhoun to close the public hearing. Unanimous approval.
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 10:15 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
Economic Development Commission
Meeting Minutes
Monday, June 3, 2013
Attendees:
Charles Johnson, Tom Cavaliere, Rob Rogers, Fran Doba
Absent: William Verab, Kathy Consoli, Derry Gorski
The meeting started at 7:00 in the Selectmen’s Room.
New EDC Member:
Fran introduced Rob Rogers who has been appointed by Derry as a new commissioner.
NEW BUSINESS
Programs & Services for Small Businesses:
Charles reported on some of his findings that would benefit Bethany’s small business community. Attached are the documents he distributed that introduce Step Up and ACE (Accelerating Connections to Employment). Step Up is an employer incentive program for hiring and training, and ACE offers several career preparation programs to help the unemployed receive job training.
The group agreed that both these programs have value to Bethany residents and small businesses. The application deadline for ACE is August 1, 2013. Fran agreed to send the information to the Bethany Bulletin for both on-line and print publication for the July monthly.
Post Meeting Note: Fran sent information to Bethany Bulletin for on-line and print versions.
Charles agreed to contact Brian Gamble who is the Step Up contact for the South Central region to request a presentation to our small business owners for the middle of July. As soon as he locks in a date with Brian, he will contact Fran who will forward the information to the Bulletin which is distributed to all mailboxes in Bethany. We also discussed mailing the information directly to our business community. Fran agreed to find out where to obtain a printout of all Bethany businesses.
Action Item: Obtain printout of all Bethany businesses – Fran
Post Meeting Note: Charles confirmed that Brian can present StepUp on Wednesday, July 17th at 7pm.
Action Item: Prepare a notice for both on line and print versions of Bulletin.
New Chairperson:
Fran Doba was nominated by Tom Cavaliere to replace Liz Appel as EDC chair, seconded by Charles Johnson. Motion passed unanimously.
OLD BUSINESS
Fran distributed a few more documents that could help with content to the Small Business folder discussed at the April meeting. Since Kathy Consoli was absent, we deferred much of this discussion to the meeting immediately following the Step Up seminar.
Next Meeting:
In lieu of a regular meeting, we will convene on either July 17th or 18th at the Step Up seminar at 7:00pm in the Selectmen’s Room. Date is being confirmed by Charles.
The meeting adjourned at 8:15PM.
Respectfully submitted,
Fran
Meeting Minutes
Monday, June 3, 2013
Attendees:
Charles Johnson, Tom Cavaliere, Rob Rogers, Fran Doba
Absent: William Verab, Kathy Consoli, Derry Gorski
The meeting started at 7:00 in the Selectmen’s Room.
New EDC Member:
Fran introduced Rob Rogers who has been appointed by Derry as a new commissioner.
NEW BUSINESS
Programs & Services for Small Businesses:
Charles reported on some of his findings that would benefit Bethany’s small business community. Attached are the documents he distributed that introduce Step Up and ACE (Accelerating Connections to Employment). Step Up is an employer incentive program for hiring and training, and ACE offers several career preparation programs to help the unemployed receive job training.
The group agreed that both these programs have value to Bethany residents and small businesses. The application deadline for ACE is August 1, 2013. Fran agreed to send the information to the Bethany Bulletin for both on-line and print publication for the July monthly.
Post Meeting Note: Fran sent information to Bethany Bulletin for on-line and print versions.
Charles agreed to contact Brian Gamble who is the Step Up contact for the South Central region to request a presentation to our small business owners for the middle of July. As soon as he locks in a date with Brian, he will contact Fran who will forward the information to the Bulletin which is distributed to all mailboxes in Bethany. We also discussed mailing the information directly to our business community. Fran agreed to find out where to obtain a printout of all Bethany businesses.
Action Item: Obtain printout of all Bethany businesses – Fran
Post Meeting Note: Charles confirmed that Brian can present StepUp on Wednesday, July 17th at 7pm.
Action Item: Prepare a notice for both on line and print versions of Bulletin.
New Chairperson:
Fran Doba was nominated by Tom Cavaliere to replace Liz Appel as EDC chair, seconded by Charles Johnson. Motion passed unanimously.
OLD BUSINESS
Fran distributed a few more documents that could help with content to the Small Business folder discussed at the April meeting. Since Kathy Consoli was absent, we deferred much of this discussion to the meeting immediately following the Step Up seminar.
Next Meeting:
In lieu of a regular meeting, we will convene on either July 17th or 18th at the Step Up seminar at 7:00pm in the Selectmen’s Room. Date is being confirmed by Charles.
The meeting adjourned at 8:15PM.
Respectfully submitted,
Fran
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