MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, FEBRUARY 1, 2012 Page 1 of 9
The regular meeting of the Planning and Zoning Commission was called to order at 7:00 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
Michael Calhoun, Member
Kimberly McClure Brinton, Member
Marc Adelberg, Alternate Member, arrived at 7:06 p.m.
Donna Shea, Alternate Member
Nellie Rabinowitz, Alternate Member
Also present were:
Hiram Peck, Planning Consultant
Isabel Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Brinton and seconded by Shurtleff to approve, as submitted, the minutes of the January 4, 2012, Regular Meeting.
Voting for: Spear, Shurtleff, Winer Calhoun, Brinton.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from KMPT, LLC, dated January 27, 2012, Re: 770 Amity Road, Change of Use, Outside Storage.
2. Letter from Attorney Richard Kascak, Jr., representing Samantha Lyon of 20 Tawney Drive, dated February 1, 2012, Re: Requesting an extension of five years for the Subdivision approval located at 20 Tawney Drive.
It was moved by Shurtleff and seconded by Winer to approve the five-year extension of the 3-Lot Resubdivision of 20 Tawney Drive, Samantha Lyon, owner of record.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Winter 2012.
BILLS
1) It was moved by Calhoun and seconded by Brinton to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for January 2012, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO, reported on the following:
Ms. Kearns stated she has not received any information back from the Town Attorney on the draft letter she forwarded to him for review pertaining to the Zoning Violation List.
NEW BUSINESS
1) 770 Amity Road, Application #2012-003 submitted by KMPT, LLC for a Business Change of Use – Wholesale/Retail Feed and Agriculture Supplies, Power Equipment, Animal Supplies and Equine Tack –
The Commission formally received the application. Present to speak on behalf of the application was Theron Simon, owner of record.
The Commission received a letter from KMPT, LLC, dated January 27, 2012, Re: 770 Amity Road, Change of Use, Outside Storage.
Isabel Kearns, ZEO, stated Theron Simon, owner of record, will be transferring the permits issued to the prior owner, Seymour Lumber, for outside storage and he is aware of the conditions.
Mr. Simon stated the signage will stay the same as previous owner. Also, Mr. Simon reviewed the proposed change of use and stated that the outside storage and buildings will stay the same.
Isabel Kearns prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Winer and seconded by Calhoun to approve the following resolution for Application #2012-003:
Whereas, KMPT, LLC (Theron Simons) applied on February 1, 2012, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate “The Hitching Post” (wholesale and retail sale feed and agricultural supplies, power equipment, animal supplies and equine tack) at 770 Amity Road;
Whereas, the Commission, at its regular meeting of February 1, 2012, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate “The Hitching Post” (wholesale and retail sale feed and agricultural supplies, power equipment, animal supplies and equine tack) at 770 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, Quinnipiack Valley Health District representative, signed off on the back of the application form on January 30, 2012, indicating his approval of this application.
2) Rod White, Fire Marshal, signed off on the back of the application form on January 30, 2012, indicating his approval of this application.
3) The Commission received an e-mail dated January 30, 2012, from Ronald Walters of the South Central Regional Water Authority in which he states that this property is not on a public water supply watershed area.
Now Therefore Be It Resolved that pursuant to Section 5.5.A. of the Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate “The Hitching Post” (wholesale and retail sale feed and agricultural supplies, power equipment, animal supplies and equine tack) located at 770 Amity Road (Application #2012-003), as presented in the application, statement of use and testimony and with the following conditions:
1) A building permit for an Interior-Fit-Out must be approved by the Building Official and the Fire Marshal prior to any renovations to or occupancy of the building.
2) Best practices will be followed when disposing of motor oil and petroleum products associated with power equipment.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
OLD BUSINESS
1. 6 Sargent Drive, Application #2011-026 submitted by Mukesh Patel for a Special Exception Permit – Construct 3600 SF Gas Filling Station/Convenience Store –
2. 6 Sargent Drive, Application #2011-027 submitted by Mukesh Patel for a Site Plan Approval - Construct 3600 SF Gas Filling Station/Convenience Store –
3. 6 Sargent Drive, Application #2011-028 submitted by Mukesh Patel for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit –
Hiram Peck, Planning Consultant, prepared a draft resolution. Commission members review and proceeded to deliberate.
It was moved by Calhoun and seconded by Brinton to approve the following resolutions for Applications #2011-026, 2011-027 and 2011-028:
Re: Application #2011-026 of Mukesh Patel for a Special Exception Permit to construct a 3,600 square foot building to be used for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive, Bethany, Connecticut.
The Planning and Zoning Commission in accordance with all applicable sections of the Bethany Zoning Regulations considered the above referenced application in accordance with Section 5.2.B. and Section 10 of the Bethany Zoning Regulations at a regular meeting held on February 1, 2012 and took the following action:
WHEREAS, the Commission held a public hearing on this Special Exception application on January 4, 2012, and took all testimony as required by law; and
WHEREAS, the Commission notes that the applicant has applied for a Special Exception Permit to construct a 3,600 square foot building to be used for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive; and
WHEREAS, the Commission also notes the applicant has received approvals from the Bethany Inland Wetlands Agency dated December 28, 2011, the Bethany Fire Marshal letter dated January 4, 2012, the Regional Water Authority letter dated November 2, 2011, the Quinnipiack Valley Health District letter dated January 3, 2012; and
WHEREAS, the Commissions finds that the applicant has supplied information to the Commission in sufficient detail and content to allow a determination that the requirements for the Special Exception, as outlined in Section 10 of the Bethany Zoning Regulations, have been met, and while the specifics of the site development plan will be addressed by the Commission’s findings and resolution regarding the site plan, sufficient detail has been provided to permit a resolution of the Special Exception Permit application.
THEREFORE BE IT RESOLVED, that Application #2011-026 of Mukesh Patel for a Special Exception Permit to construct a 3,600 square foot building to be used for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive, Bethany, Connecticut is hereby approved with modifications as permitted by the requirements of Section 10 of the Bethany Zoning Regulations and as stated herein.
AND ALSO,
Re: Application #2011-027 of Mukesh Patel for Site Plan Approval to construct a 3,600 square foot building for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive, Bethany, Connecticut.
The Planning and Zoning Commission in accordance with all applicable sections of the Bethany Zoning Regulations considered the above referenced application in accordance with Section 5.2.B. and Section 10 of the Bethany Zoning Regulations at a regular meeting held on February 1, 2012 and took the following action:
WHEREAS, the Commission held a public hearing on this Site Plan application on January 4, 2012, and took all testimony as required by law; and
WHEREAS, the Commissions notes that the applicant has applied for a Site Plan Approval to construct a 3,600 square foot building to be used for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive; and
WHEREAS, the Commission also notes the applicant has received approvals from the Bethany Inland Wetlands Agency dated December 28, 2011, the Bethany Fire Marshal letter dated January 4, 2012, the Regional Water Authority letter dated November 2, 2011, the Quinnipiack Valley Health District letter dated January 3, 2012; and
WHEREAS, the Commission finds that the applicant has supplied information to the Commission in the form of a Site Plan application including the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
1. “Site Development Plan”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-1.
2. “Site Drainage and Layout Plan”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-2.
3. “Erosion and Sediment Control Plan”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-3.
4. “Lighting and Landscaping Plan”, dated March 14, 2007, revised to August 10, 2011, Drawing No. C-4 (Light Detail needed).
5. “Septic Layout”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-5.
6. “Typical Details”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-6.
7. “Drainage Details”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-7.
And,
WHEREAS, said Site Plans contain sufficient detail and content to allow a determination that the requirements for the Site Plan, as outlined in Section 10 of the Bethany Zoning Regulations, can be met with certain modifications as may be agreed to by the applicant, and while the specifics of the site development plan will be addressed by the Commission’s findings and resolution regarding the site plan, sufficient detail has been provided to permit the Commission to take action on the Site Plan application at this time.
THEREFORE BE IT RESOLVED, that Application #2011-027 of Mukesh Patel for Site Plan Approval to construct a 3,600 square foot building to be used for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive, Bethany, Connecticut, is hereby approved with the modifications as stated herein.
The modifications are as follows and must be resolved as indicated and no final Certificate of Zoning Compliance letter to be issued by the Zoning Enforcement Officer unless or until all modifications are resolved to the satisfaction of the Commission.
Modifications are:
1. Canopy: Roof construction to be consistent with Photos 1 and 2 attached. Color of canopy and roof to be consistent with the colors of the building and applicant will return to allow Commission to review design. No signage of any type to be applied to the canopy.
2. Canopy lighting: Lighting mounted under the canopy shall be surface mounted and consistent with the canopy design. The underside of the canopy shall be painted a flat (non-reflective) color so as to minimize glare from reflectivity.
3. Lighting: All canopy lighting shall be full cutoff lighting. No lighting level on the property, including under the canopy, may be brighter than 20 foot candles. This requirement shall be measured and confirmed by a qualified lighting specialist and shall be diagrammed on a copy of the final site plan and submitted to the Zoning Enforcement Officer for compliance confirmation prior to applying for a letter of Zoning Compliance and prior to seeking a Certificate of Occupancy.
4. Parking lot and site lighting: All luminaries are to be full cutoff design, aimed downward and away from the property line. The source of the light shall not be visible from off the site. Maximum pole heights may not exceed 15 feet.
5. Signage: All signage shall comply with the representations made to the Commission at the public hearing and as shown on the submitted (undated) plan for monument sign, received on December 7, 2011. Any dispute with regard to compliance shall be decided solely by the Commission. No internally lit signage shall be permitted anywhere on the site including inside the convenience store if it is visible from the exterior of the building. Applicant must return with sign application.
6. Uses: To be only as shown on the submitted site plan and as shown on the noted sheets above and as described in John Paul Garcia & Associates letter of December 23, 2011, (Exhibit 1E) with no other uses permitted at this site without review and approval by the Planning and Zoning Commission. Any conflict within any of these documents shall be resolved only by the Planning and Zoning Commission.
7. Landscaping plan: Applicant is to work with Staff to arrive at a suitable landscape plan for the site. The Commission may delegate this work to Staff if it so decides.
8. Need for a certified as-built plan showing all building and structure locations shall be determined by Zoning Enforcement Officer if any doubt exists as to any setback or height bulk requirement.
9. Building: Building shall be substantially consistent with the Architectural Plans by James Tuttle dated 25 April, 2011, last revised 25 October 2011, as modified by the Commission with the agreement of the applicant.
AND ALSO,
Re: Application # 2011-028 of Mukesh Patel for a Special Exception Permit for Earth Removal, Excavation, Filling, Stockpiling and Grading on property located at 6 Sargent Drive, Bethany, Connecticut.
The Planning and Zoning Commission, in accordance with all applicable sections of the Bethany Zoning Regulations considered the above referenced application in accordance with Section 5.2.B. and Section 10 and Section 8 of the Bethany Zoning Regulations at a regular meeting held on February 1, 2012, and took the following action:
WHEREAS, the Commission held a public hearing on this Site Plan Application on January 4, 2012 and took all testimony as required by law; and
WHEREAS, the Commissions notes that the applicant has applied for a Special Exception Permit for Earth Removal, Excavation, Filling, Stockpiling and Grading on the subject property in order to construct a 3,600 square foot building to be used for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive; and
WHEREAS, the Commission also notes the applicant has received approvals from the Bethany Inland Wetlands Agency dated December 28, 2011, the Bethany Fire Marshal letter dated January 4, 2012, the Regional Water Authority letter dated November 2, 2011, the Quinnipiack Valley Health District letter dated January 3, 2012; and
WHEREAS, the Commission finds that the applicant has supplied information to the Commission in the form of a Site Plan application including the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
1. “Site Development Plan”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-1.
2. “Site Drainage and Layout Plan”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-2.
3. “Erosion and Sediment Control Plan”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-3.
4. “Lighting and Landscaping Plan”, dated March 14, 2007, revised to August 10, 2011, Drawing No. C-4 (Light Detail needed).
5. “Septic Layout”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-5.
6. “Typical Details”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-6.
7. “Drainage Details”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-7.
And,
WHEREAS, the Commission finds the application meets the requirements imposed by Section 8 of the Bethany Zoning Regulations for such excavation as shown on the referenced plans; and
WHEREAS, the applicant has complied with the notice requirements of Section 8 of the Bethany Zoning Regulations; and
WHEREAS, the site disturbance shall be completed in accordance with Section 8 of the Bethany Zoning Regulations, such that the site is complete and stabilized within six (6) months of the date of permit issuance; and
WHEREAS, the applicant has agreed on the record to comply with all requirements of Section 8 of the Bethany Zoning Regulations in terms of excavation activity and completion as shown on the submitted and approved plans.
THEREFORE BE IT RESOLVED, that Application #2011-028 of Mukesh Patel for a Special Exception Permit for Earth Removal, Excavation, Filling, Stockpiling and Grading on the property located at 6 Sargent Drive, Bethany, Connecticut is hereby approved with modifications.
The modifications are as follows:
1. Applicant is to provide adequate bonding in an amount deemed acceptable to the Town Engineer, however, this bond is to be submitted in accordance with the requirements of the Town Attorney based on recently passed legislation regarding bond submission.
2. Applicant or applicant’s agent is to notify the Zoning Enforcement Officer at least two (2) working days prior to the onset of any earth disturbing activity at the subject site.
3. Any proposed permit transfer for any aspect of this application must be approved by the Commission as required by the Bethany Zoning Regulations.
4. The applicant should clearly understand that any deviation from the approved plans or from any aspect of the approved plans requires the review and approval of the Commission.
Finally, the Commission wishes the applicant to clearly understand that while it takes all of its actions seriously, this particular approval is extremely important as it is in an important location; one which may well set the tone of development for this commercial area of Bethany for many years to come.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
4. Discuss increasing application fees – Tabled.
There being no further business to come before the Commission, it was moved by Shurtleff and seconded by Winer to adjourn the regular meeting at 8:10 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
