MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, AUGUST 3, 2011 Page 1 of 6
The regular meeting of the Planning and Zoning Commission was called to order at 7:03 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Commission members were present:
Melissa Spear, Chair
Mary Shurtleff, Vice-Chair
Patricia Winer, Member
Kimberly McClure Brinton, Member
Marc Adelberg, Alternate Member
Nellie Rabinowitz, Alternate Member
Donna Shea, Alternate Member, seated as a voting member
The following Commission member was absent or excused:
Michael Calhoun, Member
Also present were:
Hiram Peck, Planning Consultant
Karen Hubbell, Assistant Zoning Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Winer and seconded by Spear to approve, as submitted, the minutes of the June 29, 2011, Special Meeting.
Voting for: Spear, Winer, Rabinowitz.
Unanimous approval.
2. It was moved by Winer and seconded by Brinton to approve, as submitted, the minutes of the July 6 2011, Regular Meeting.
Voting for: Spear, Winer, Brinton, Rabinowitz, Shea.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Rod White, Fire Marshal, dated July 6, 2011, Re: Clarification as to the waiver request for a water source at 100 Miller Road, two-lot resubdivision.
2. Letter from Attorney Michael Alexander (representing Chris Stoyer), dated July 11, 2011, Re: Requesting an extension of time to the August Planning and Zoning Commission Meeting to respond to the conditions of the 100 Miller Road Resubdivision Approval on June 29, 2011.
3. Letter from Bruce Loomis, Chairman of the Conservation Commission, dated July 25, 2011, Re: 100 Miller Road, clarification of the Open Space portion of the recent approval of the resubdivision.
Chair Spear directed the Clerk to invite Mr. Loomis to the next regular meeting on September 7, 2011, to discuss the Open Space. Karen Hubbell, Assistant Zoning Enforcement Officer, stated she would communicate to Mr. Loomis.
4. Letter from Attorney Michael Alexander (representing Chris Stoyer), dated August 1, 2011, Re: Requesting change of appearance before the Commission to September 7, 2011, regarding zero-run off conditions in the approval, 100 Miller Road.
5. Memo from Hiram Peck, Planning Consultant, dated July 12, 2011, Re: Amendment to the Zoning Regulations, Section 6 – Prohibited Uses, Signs with internal lighting or illumination.
6. Letter from Quinnipiack Valley Health District, dated August 3, 2011, Re: Review comments on 60 Mesa Drive, Application #2011-021, recording studio.
7. Letter from Isabel Kearns, ZEO, to Frederick Nuzzo dated July 7, 2011, Re: Application #2011-018, Sign Permits – Grand Apizza of Bethany, 119 Amity Road.
8. Email from Eugene Livshits of the South Central Regional Council of Governments, dated July 29, 2011, Re: Town of Woodbridge referral regarding proposed Zoning Regulation Amendments to golf courses within a Residence A District.
BILLS
1) It was moved by Winer and seconded by Brinton to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for July 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Winer, Brinton, Shea.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
No report.
NEW BUSINESS
1) 135 Pole Hill Road, Application #2011-019 submitted by Joanna Baum for a Home Occupation Permit to operate a home office for a design business –
The Commission formally received the application. No one present to speak on behalf of this application.
Isabel Kearns, ZEO, who was not present, prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2011-019:
Whereas, Joanna Baum applied to the Planning and Zoning Commission for a home occupation permit to operate a home office for a design business on August 3, 2011;
Whereas, the Commission at its regular meeting of August 3, 2011, considered the statement of use, narrative, testimony and other pertinent application information relating to this home occupation application;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on July 18, 2011, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on July 15, 2011, indicating his approval.
Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves the application of Joanna Baum to operate an office for a design business located at 135 Pole Hill Road, as outlined in the Statement of Use dated July 8, 2011, and with the following condition:
1) There shall be no clients visiting site.
2) No signage unless a sign permit is granted.
Voting for: Spear, Shurtleff, Winer, Brinton, Shea.
Vote 5 to 0.
Unanimous approval.
2) Discussion with Christopher Stoyer regarding response to conditions of the 100 Miller Road Resubdivision Approval dated June 29, 2011 –
The Commission received a letter from Attorney Michael Alexander (representing Chris Stoyer), dated August 1, 2011, Re: Requesting change of appearance before the Commission to September 7, 2011, regarding zero-run off conditions in the approval, 100 Miller Road. Tabled.
3) Discussion with Stuart Cuthbert of 403 Fairwood Road regarding 415 Fairwood Road – operation of fencing business –
Present for this discussion was Stuart Cuthbert of 403 Fairwood Road. Mr. Cuthbert explained to the Commission that his neighbor at 415 Fairwood Road is operating a fencing business without permits at his property and has located a large dumpster on the property line. Mr. Cuthbert stated that there is a lot of debris on the lawn. Also, Mr. Cuthbert believes the owner of record is renting out the basement.
Karen Hubbell, Assistant Zoning Enforcement Officer, stated a Cease and Desist was issued on May 5, 2011.
Hiram Peck, Planning Consultant, recommended that the Zoning Enforcement Officer and the Building Official schedule a joint inspection of the property. Mr. Peck stated that if the owner refuses the Building Official entrance to the home, a different process should be taken.
Chair Spear stated that the Zoning Enforcement Officer should proceed with the violation process, the Zoning Enforcement Officer and Building Official visit the site together and the Fire Marshal should also be informed of the possible apartment in basement for safety issues.
4) Discussion with Hiram Peck, Town Planner, amendment to Zoning Regulations regarding Signs –
Hiram Peck, Planning Consultant, submitted a proposed amendment to the Zoning Regulations regarding prohibiting the use of Signs with any type of internal lighting or internal illumination.
The Commission also discussed clarifying the definitions for an indoor riding arena, barn and common driveway.
This item was deferred to the next regular meeting, September 7, 2011. Tabled.
5) 655 Litchfield Turnpike, Application #2011-020 submitted by Johanne Rousseau-Holt for a Home Occupation Permit to operate a therapeutic massage business –
The Commission formally received the application. Present to speak on behalf of this application was Johanne Rousseau-Holt, applicant and owner of record.
Mrs. Rousseau-Holt reviewed with the Commission the proposed therapeutic massage business.
Karen Hubbell, Assistant Zoning Enforcement Officer, informed the Commission that the Quinnipiack Valley Health District and the South Central Connecticut Regional Water Authority have not commented to date.
Chair Spear stated the Commission cannot act without these comments.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, September 7, 2011. Tabled.
6) 60 Mesa Drive, Application #2011-021 submitted by Shimei Fan and Richard Korb for a Home Occupation Permit to operate a sound Recording Facility -
The Commission formally received the application. Present to speak on behalf of this application was Daniel and Sophia of Global Art Entertainment, applicants.
Mr. Daniel explained to the Commission that the basement has been finished with sound proofing.
Chair Spear read letter from Sifei Wen, dated July 28, 2011, explaining the business and manner of operation.
Karen Hubbell, Assistant Zoning Enforcement Officer, stated Quinnipiack Valley Health District submitted a letter dated August 3, 2011, requesting information on a location to replace the existing subsurface sewage disposal system if needed. Mr. Daniel will meet with Ms. Hubbell to comply with the requirements of the Quinnipiack Valley Health District.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, September 7, 2011. Tabled.
OLD BUSINESS
1) 58 Miller Road, Application #2011-017 submitted by Sandra Barrett for a Home Occupation Permit to operate a cupcake and baking company –
No one was present to speak on behalf of this application.
Isabel Kearns, ZEO, who was not present, prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Winer and seconded by Brinton to approve the following resolution for Application #2011-017:
Whereas, the Planning and Zoning Commission received correspondence dated June 27, 2011, from Sandra Barrett, owner of 58 Miller Road, in which she authorizes Catherine O’Shea-Barkley to apply for a Home Occupation Permit to operate an office for a cupcake business (Pretty Much Cupcakes);
Whereas, Catherine O’Shea-Barkley applied to the Planning and Zoning Commission for a Home Occupation Permit to operate a home office for a cupcake business on July 6, 2011;
Whereas, the Commission at its regular meeting of August 3, 2011, considered the statement of use, narrative, testimony and other pertinent application information relating to this Home Occupation application;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on August 1, 2011, indicating her approval.
Rod White, Fire Marshal, signed off on the back of the application form on July 15, 2011 indicating his approval.
Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves the application of Catherine O’Shea-Barkley to operate an office for a cupcake business (Pretty Much Cupcakes) at 58 Miller Road, as outlined in the Statement of Use dated June 27, 2011, and with the following conditions:
1) No baking shall occur at 58 Miller Road. All baking shall be done in a certified commercial kitchen.
2) There shall be no business clients on site.
3) No sign permitted unless a sign permit is granted.
4) Applicant will notify Quinnipiack Valley Health District when a commercial kitchen is found.
Voting for: Spear, Shurtleff, Winer, Brinton, Shea.
Vote 5 to 0.
Unanimous approval.
2) Discuss increasing application fees – Tabled.
It was moved by Shurtleff and seconded by Winer to adjourn the regular meeting at 8:20 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
