MINUTES OF THE BETHANY
The regular meeting of the Planning and Zoning Commission was called to order at 7:04 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
Kimberly McClure Brinton, Member
Michael Calhoun, Member
Donna Shea, Alternate Member, seated as a voting member.
The following Commission Members were absent:
Patricia Winer, Member
Nellie Rabinowitz, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Hiram Peck, Planning Consultant
APPROVAL OF MINUTES
1. It was moved by Calhoun and seconded by Brinton to approve, as submitted, the minutes of
the September 5, 2012, Regular Meeting.
Voting for: Spear, Shurtleff, McClure, Calhoun, Shea.
Unanimous approval.
2. It was moved by Brinton and seconded by Calhoun to approve, as submitted, the minutes
of the September 13, 2012, Special Meeting.
Voting for: Spear, Shurtleff, McClure, Calhoun, Shea.
Unanimous approval.
BILLS
1) It was moved by Shurtleff and seconded by Shea to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for September 2012, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, McClure, Calhoun, Shea.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Memo from Isabel Kearns, ZEO, dated September 20, 2012, Re: Review comments for 615 Bethmour Road.
2. Letter from Richard Janesky of 1052 Amity Road to Isabel Kearns, ZEO, dated September 25, 2012, Re: Response to letter of violation for 1052 Amity Road.
3. Letter from Elizabeth Doering of 91 Bethway Road, dated September 26, 2012, Re: Information requested for business located at 91 Bethway Road.
4. Letter from Isabel Kearns, ZEO, to Elizabeth Doering of 184 Sperry Road, dated September 6, 2012, Re: Notice of Violation for property located at 91 Bethway Road.
5. Letter from Isabel Kearns, ZEO, to John and William Ciola, dated September 19, 2012, Re: Second Notice of Violation for property located at 5 Amity Road and 10 Round Hill Road.
6. Letter from Isabel Kearns, ZEO, to Elizabeth Doering of 184 Sperry Road, dated September 18, 2012, Re: Notice of Violation for property located at 91 Bethway Road.
7. Letter from Isabel Kearns, ZEO, to Joseph Barnick and David Dimella of 850 Carrington Road, dated September 19, 2012, Re: Notice of Violation for property located at 850 Carrington Road.
8. Letter from Isabel Kearns, ZEO, to Daniel Dinis of 27 Hamilton Drive, dated September 19, 2012, Re: Notice of Violation for property located at 27 Hamilton Drive.
9. Letter from Isabel Kearns, ZEO, to Manuel Preta, dated September 19, 2012, Re: Notice of Violation for property located at 33 Old Amity Road.
10. Letter from Isabel Kearns, ZEO, to Richard Janesky, dated September 24, 2012, Re: Notice of Violation for property located at 1052 Amity Road.
11. Letter from Isabel Kearns, ZEO, to Mark D’Andrea (Aqua Turf Irrigation), dated September 24, 2012, Re: Notice of Violation for property located at 860 Carrington Road.
12. Letter from Isabel Kearns, ZEO, to Garrett Vorio of 415 Fairwood Road, dated September 24, 2012, Re: Notice of Violation for property located at 415 Fairwood Road.
13. Letter from Isabel Kearns, ZEO, to Allyn J. Foss Trust, dated September 24, 2012, Re: Notice of Violation for property located at 93 Lacey Road.
14. Letter from Isabel Kearns, ZEO, to E. Trowbridge and Donna Brennan, dated September 24, 2012, Re: Notice of Violation for property located at 77 Cheshire Road.
15. Letter from Isabel Kearns, ZEO, to Donna Lagaipa of 45 Falls Road, dated September 24, 2012, Re: Second Notice of Violation for property located at 45 Falls Road.
16. Letter for South Central Connecticut Regional Planning Commission, dated September 18, 2012, Re: RPC determination for Town of Prospect: Proposed Zoning Regulation Amendment to Section 3.1: Uses by District.
17. Letter from South Central Connecticut Regional Planning Commission, dated September 18, 2012, Re: RPC determination for Town of Hamden: Proposed Zoning Regulation Amendments to the Town of Hamden Zoning Code.
PUBLICATIONS AND WORKSHOPS
1. Land Use Academy, Advanced Training Session, November 10, 2012, Central Connecticut State University, New Britain, CT.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO, noted the following:
• All violators have been in contact with me in response to the violation letters sent out.
• 1052 Amity Road – Property owner aware of complaints from neighbors and has been in contact with me to resolve their concerns.
NEW BUSINESS
1) 121 Amity Road, Application #2012-020 submitted by Andrei Andreichik for a Site Plan for used car sales/repair business and Change of Use to operate used car sales/repair business –
The Commission formally received the application. Present to speak on behalf of this application was Andrei Andreichik, applicant.
Isabel Kearns, ZEO, stated the following:
• Mr. Andreichik is requesting a maximum of 15 cars.
• Mr. Andreichik will be using one bay inside building to repair the vehicles he is going to sell.
• This use is permitted by a Site Plan approval.
• Mr. Andreichik is also requesting approval for an attached 3-foot by 6-foot sign.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Shurtleff and seconded by Brinton to approve the following resolution for Application #2012-020:
Whereas, on September 10, 2012, the Zoning Board of Appeals issued a Certificate of Approval for Location of a Motor Vehicle Dealer and Repairer at 121 Amity Road (i.e., 117-127 Amity Road; the most southerly section of the property and the most southerly building);
Whereas, the owner of the property, Earl Sickinger, in a document dated August 14, 2012, authorized Andrei Andreichik to apply for the necessary land-use permits to allow a used car dealership and repair facility to operate from 121 Amity Road (i.e., 117-127 Amity Road; the most southerly section of the property and the most southerly building) as well as an attached 3-foot by 6-foot sign;
Whereas, Andrei Andreichik applied on October 3, 2012, to the Bethany Planning and Zoning Commission for a change of use permit and site plan approval to operate a used car dealership (15 cars maximum) and repair facility at 121 Amity Road as well as an attached 3-foot by 6-foot sign;
Whereas, at its regular meeting of October 3, 2012, the Commission considered the plans, testimony, statement of use and other pertinent application information relating to this change of use and site plan approval to operate a used car dealership (15 cars maximum) and repair facility at 121 Amity Road as well as an attached 3-foot by 6-foot sign;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The property is not located with a Public Water Supply Watershed Area.
2) Pleasant View Garage operated from the subject parcel prior to relocating to Russell Road.
3) Roderick White, Fire Marshal, signed off on the back of the application form on August 16, 2012, indicating his approval of this application.
4) Alexis Rinaldi, Quinnipiack Valley Health Department Representative, signed off on the back of the application form on August 24, 2012, indicating her approval.
5) The Inland Wetlands Commission reviewed the plan at their August 27, 2012, regular meeting and determined there is no Inland Wetlands action necessary.
Now Therefore Be It Resolved, that pursuant to Sections 5.2.B.1., 5.3.H.3.b. and 7.3. of the Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the change of use permit and site plan approval to operate a used car dealership (15 cars maximum) and repair facility at 121 Amity Road (i.e., 117-127 Amity Road; the most southerly section of the property and the most southerly building) as well as an attached 3-foot by 6-foot sign, as presented in the application, statement of use and testimony and as per the plan submitted August 15, 2012, prepared by the applicant;
And with the following conditions:
1) An interior fit out permit must be received from the building department prior to occupancy of the building.
2) Sign and lighting must conform to Zoning Regulations.
Voting for: Spear, Shurtleff, McClure, Calhoun, Shea.
Unanimous approval.
2) Discussion with Fran Doba regarding Grant Application and Village Districts –
No one was present for this discussion. Chair Spear stated that she has spoken to Fran Doba regarding a Main Street grant that the Town is applying for. The Commission needs to relook at Village Districts in Bethany. A Special Meeting was scheduled for Wednesday, October 24, 2012, at 7:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
3) 615 Bethmour Road, Application #2012-021 submitted by Robert F. and Ellen G. Coe for a Lot Line Revision/2-Lot Subdivision –
The Commission formally received the application. No one was present to speak on behalf of this application.
Isabel Kearns, ZEO, stated this application is not necessary and needs to be withdrawn. Ms. Kearns has spoken to John Paul Garcia, who is representing the property owners, and Mr. Garcia stated the property has never been divided and this would be first cut/free split. Chair Spear asked that Mr. Garcia submit this in writing for the file and also withdraw Application #2012-021.
4) 615 Bethmour Road, Application #2012-022 submitted by Robert F. and Ellen G. Coe for a Special Exception Permit for one rear lot –
The Commission formally received the application. No one was present to speak on behalf of this application.
Isabel Kearns, ZEO, stated the lot split of this property will create one rear lot. Ms. Kearns recommended the Commission schedule a public hearing.
The Commission scheduled a public hearing at the next scheduled regular meeting on Wednesday, November 7, 2012, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
5) 50 Hunters Trail, Application #2012-023 submitted by Luiza Ruest for a Special Exception Permit for a riding arena and boarding stable -
The Commission formally received the application. No one was present to speak on behalf of this application.
Isabel Kearns, ZEO, stated the applicant is proposing a larger barn. Under Section 4.4.E. of the Bethany Zoning Regulations a boarding stable is a special exception and requires a public hearing. The applicant would like to waive the application fees because the applicant submitted an application in 2011 and then withdrew the application.
Ms. Kearns recommended the Commission schedule a public hearing.
The Commission scheduled a public hearing at the next scheduled regular meeting on Wednesday, November 7, 2012, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
6) Discussion with Will Brinton regarding 4 Peck Road – historical information –
Present for this discussion was Will Brinton member of the Bethany Historical Society. Mr. Brinton provided the Commission with some photographs and information on the 1800’s farmhouse which is not on the State of Connecticut registry for historic preservation.
Mr. Brinton will contact homeowner and show them the materials he obtained and relay information on the home.
OLD BUSINESS
Present on behalf of this application was Toby Fischer, applicant.
Hiram Peck, Planning Consultant, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Calhoun and seconded by Shurtleff to approve the following resolution for Application #2012-017:
Whereas, William Fischer, owner of the property, authorized Toby Fischer to apply on his behalf for a home occupation permit to operate a non-profit agricultural endeavor including a home office and farming of land at 327 Litchfield Turnpike in a document dated June 28, 2012; and
Whereas, Toby Fischer, applicant, applied on August 1, 2012, to the Planning and Zoning Commission for a home occupation to operate a non-profit agricultural endeavor including a home office and farming of 1.7 acres of land located at 327 Litchfield Turnpike; and
Whereas, the Commission conducted a site visit to the property on September 13, 2012; and
Whereas, the Commission at its regular meeting of August 1, 2012, and September 5, 2012, considered the statement of use, narrative, testimony and all other application information relating to this home occupation application, and also considered all written and oral comments submitted by the public at both meetings; and
Whereas, the Commission has considered this application with reference to all applicable Zoning Regulations including Section 4.3.D.4.b. and Section 4.3.E.1., and
Whereas, the Commission finds, and has considered the following:
1) John Laudano, Quinnipiack Valley Health District Representative, has signed off on the application on September 3, 2012, indicating his approval.
2) Rod White, Fire Marshal, has signed off on the application on September 4, 2012, indicating his approval.
3) The Commission received a letter dated August 1, 2012, from Ronald Walters of the South Central Connecticut Regional Water Authority, whose comments are made a part of this approval.
4) The Commission also received comments dated August 30, 2012, from Hiram Peck, Planning Consultant responding to questions posed by members of the public regarding this application.
5) The Commission received a letter dated August 31, 2012, from the Inland Wetlands Commission which stated that no Inland Wetlands Permit is required for the proposed activity.
Therefore Be It Resolved, that Application #2012-017 submitted by Toby Fischer for a home occupation permit to operate a non-profit agricultural endeavor including a home office and farming of land at 327 Litchfield Turnpike, said property is 1.7 acres in size and is located in the R-130 zone and on South Central Connecticut Regional Water Authority’s public water supply watershed is hereby approved with the following conditions:
1. The operator of the operation shall insure that proper control is maintained of all groups visiting and working on the property. In this case proper control includes but is not limited to keeping a log of all groups visiting and working on the property and adequate supervision of the groups.
2. Farming operations shall be conducted in a manner so as not to unnecessarily disturb residential neighbors. This specifically includes creating excessive noise during extremely early or late hours after dark and also includes reasonable attempts to minimize any trespass of dust or debris from the farm property to abutting neighboring properties.
3. The parking area shall be designated and used in accordance with all requirements of the Quinnipiack Valley Health District so as not to damage the existing well and septic system on the property.
4. The operator of the farm shall, to the best of his ability, insure that visitors and workers not trespass on neighboring properties in the course of operating the farm.
5. The requirements of the public officials reviewing this application are made part of this approval.
6. Activity shall conform to those described in the “Description of Activities Related to Home Occupation”, dated July 30, 2012, submitted by Toby Fischer.
7. If after a period of 12 months from date of approval (October 3, 2012) it is determined that additional conditions need to be instituted, the Commission reserves the right to revisit this permit.
Voting for: Spear, Shurtleff, McClure, Calhoun, Shea.
Unanimous approval.
1) Discussion and possible action to set public hearing date regarding proposed amendments to the Zoning Regulations on accessory buildings and signage for larger parcels -
A Special Meeting was scheduled for Wednesday, October 24, 2012, at 7:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
2) Discuss increasing application fees – Tabled.
There being no further business to come before the Commission, it was moved by Shurtleff and seconded by Calhoun to adjourn the regular meeting at 8:27 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
