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
