Monday, March 17, 2014


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, MARCH 5, 2014                                      Page 1 of 10

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:

            Kimberly McClure Brinton, Chairman

            Salvatore Amadeo, Vice-Chairman

            Michael Calhoun, Member

            Douglas Goldner, Member

            Michael Sullivan, Member

            Donna Shea, Alternate Member

            Bradford Buchta, Alternate Member

            James Gugliotti, Alternate Member

 

Also present was:

            Hiram Peck, Planning Consultant

            Isabel Kearns, Zoning Enforcement Officer

            Kevin McSherry, Town Attorney

            Peter Olson, Special Counsel

 

 

APPROVAL OF MINUTES

 

1.      It was moved by Sullivan and seconded by Calhoun to approve the minutes of the     February 5, 2014, Regular Meeting with the following amendment:

·         Page 5, First paragraph – Reads “At 7:56 p.m., Chair Brinton called to order the public on the subject application.” Change to “At 7:56 p.m., Chair Brinton called to order the public hearing on the subject application.

      Voting for:  Brinton, Amadeo, Calhoun, Goldner, Sullivan.

      Unanimous approval.

 

2.      It was moved by Sullivan and seconded by Calhoun to approve, as submitted, the minutes of the February 12, 2014, Special Meeting.

      Voting for:  Brinton, Amadeo, Calhoun, Goldner, Sullivan.

      Unanimous approval.

 

BILLS

 

1.      It was moved by Calhoun and seconded by Goldner to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for February 2014, by Hiram W. Peck III, AICP, Planning Consultant.

      Voting for:  Brinton, Amadeo, Calhoun, Goldner, Sullivan.

Unanimous approval.

 

2.      It was moved by Sullivan and seconded by Calhoun to approve the payment of $105.00 for recording services rendered at the public hearings held on February 5, 2014, (788 Amity Road, 112 Old Amity Road and 91 Bethway Road) by Anne Sohon.

      Voting were:  Brinton, Amadeo, Calhoun, Goldner, Sullivan.

      Unanimous approval.

 

3.      It was moved by Goldner and seconded by Calhoun to approve the payment of $105.00 for recording services rendered at the public hearing held on February 12, 2014, (4 and 21 Meyers Road) by Anne Sohon.

      Voting were:  Brinton, Amadeo, Calhoun, Goldner, Sullivan.

      Unanimous approval.

 

4.      It was moved by Goldner and seconded by Calhoun to approve the payment of $105.00 for recording services rendered at the public hearing held on February 26, 2014, (4 and             21 Meyers Road) by Anne Sohon.

      Voting for:  Brinton, Amadeo, Calhoun, Goldner, Sullivan.

Unanimous approval.

 

5.      It was moved by Calhoun and seconded by Sullivan to approve the payment of $105.00 for recording services rendered at the public hearings held on March 5, 2014, (4 Peck Road, 755 Amity Road, 788 Amity Road, 112 Old Amity Road, 91 Bethway Road) by Anne Sohon.

      Voting for:  Brinton, Amadeo, Calhoun, Goldner, Sullivan.

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Email from Eugene Livshits of South Central Regional Planning Commission, dated February 21, 2014, Re:  Proposed Zoning Regulation Amendment for Set-aside Development not within 500’ of an adjacent municipality in the South Central Region, no formal view is required by the Regional Planning Commission.

2.      Letter from Valley Council of Governments Regional Planning Commission, dated   February 26, 2014, Re:  Review comments on proposed amendment to Bethany Zoning Regulation for Set-aside Development.

3.      Letter from Quinnipiack Valley Health District, dated February 26, 2014, Re:  Comments on review of plans dated February 18, 2014, new construction of a multi-family dwelling three units to contain a total of eight bedrooms, 6, 8, and 10 Peck Road.

4.      Letter from Quinnipiack Valley Health District, dated March 4, 2014, Re:  Comments on review of plans for Application #2014-002, 4 Peck Road, Construction of a 3 Unit Multi Family Dwelling Unit.

5.      Letter from Rod White, Fire Marshal, dated March 5, 2014, Re:  Comments on Application #2014-002, 4 Peck Road.

6.      Letter from South Central Connecticut Regional Water Authority, dated March 5, 2014, Re:  Comments on review of 4 Peck Road, three unit multi-family resident, amendment to Zoning Regulations Section 4.3K and approval of set-aside development.

7.      Letter from Quinnipiack Valley Health District, dated March 3, 2014, Re: Comments on review of plans dated January 30, 2014, Application #2014-013, 755 Amity Road, proposed community center.

8.      Letter from Stephen Whitaker of Ames & Whitaker, dated March 5, 2014, Re:  Statement of Use for proposal for new community center, 719 Amity Road.

9.       Memo from Hiram Peck, Planning Consultant dated March 4, 2014, Re:  Review comments on Site Plan Review for Property at 755 Amity Road, with lighter print comments from Stephen Whitaker of Ames & Whitaker.

10.  Letter from Aileen Magda, Selectman, Town of Bethany, dated March 4, 2014, Re:  Site exception to allow construction of a recreation center at the site of the former airport hangar – 755 Amity Road with attachments. 

11.  Letter from Quinnipiack Valley Health District, dated March 3, 2014, Re:  Comments on review of dwelling unit in B&I Zone, 112 Old Amity Road.

12.  Copy of Inland Wetlands Permit #1213 for 91 Bethway Road for a modification to the original IW Permit for the addition of a multi-purpose room to the indoor riding arena for storage and viewing area.

13.  Letter from Connecticut Federation of Planning & Zoning Agencies, submitted on     February 7, 2014, Re:  CFPZA Annual Conference, March 13, 2014.

 

ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

 

Isabel Kearns, ZEO, reported on the following.

·         10 Round Hill Road – Owners will be submitting a site plan.

·         Will email report on building permits for the month of February.

 

PUBLIC HEARING

 

·         Application #2014-002 submitted by James Sakonchick to 1. Amend the Bethany Zoning Regulations to add Section 4.3.K – Set-aside Development and 2. Obtain approval of “Set-aside Development” for new construction of 3-Unit Multi-Family Dwelling in accordance with CGS Section 8-30g for property located at 4 Peck Road

 

At 7:15 p.m., Chair Brinton read the call for the public hearing.

 

Each member of the Planning and Zoning Commission introduced themselves.

 

Peter Olson, Special Counsel, introduced himself.  Mr. Olson stated that Mr. Peck submitted a letter dated March 2, 2014, with his review of the application and that he (Mr. Olson) also submitted a letter dated March 5, 2014, with his review of the legal aspects of the application.    Mr. Olson briefly reviewed his letter and noted that this application is not an affordable housing application.  Also, Mr. Olson stated that the applicant has not submitted a zone map amendment and if the applicant wants a zone text amendment, he needs to submit a zone map amendment.  Mr. Olson recommended that the Commission continue the public hearing to the next regular meeting on April 2, 3014, and that they do not take any testimony from applicant or public this evening.

 

Also, Mr. Olson stated the Commission has not received a report from the Town Engineer at this time.

 

James Sakonchick, owner of 4 Peck Road and applicant, briefly discussed the proposal and stated he felt the application was complete.

 

Mr. Sakonchick will contact Mr. Olson for clarification of Mr. Olson’s letter dated March 5, 2014.

 

It was the consensus of the Commission to continue the public hearing to the next regular meeting of Wednesday, April 2, 2014.  Correspondence will be referenced at the next hearing.

 

At 7:31 p.m., Chair Brinton recessed the public hearing to the next regular meeting on Wednesday, April 2, 2014.  Hearings will start at 7:15 p.m.

 

 

·         Application #2014-013 submitted by Ames & Whitaker Architects for a Special Exception for a Site Plan Approval to construct a community center for property located at 755 Amity Road (Airport Hangar) -

 

At 7:32 p.m., Chair Brinton read the call for the public hearing.

 

Chair Brinton read the list of correspondence that has been received as follows:

·         Letter from Quinnipiack Valley Health District, dated March 3, 2014, Re: Comments on review of plans dated January 30, 2014, Application #2014-013, 755 Amity Road, proposed community center.

·         Letter from Stephen Whitaker of Ames & Whitaker, dated March 5, 2014, Re:  Statement of Use for proposal for new community center, 719 Amity Road.

·         Memo from Hiram Peck, Planning Consultant dated March 4, 2014, Re:  Review comments on Site Plan Review for Property at 755 Amity Road, with lighter print comments from Stephen Whitaker of Ames & Whitaker.

·         Letter from Aileen Magda, Selectman, Town of Bethany, dated March 4, 2014, Re:  Site exception to allow construction of a recreation center at the site of the former airport hangar – 755 Amity Road with attachments. 

·         Labeled Exhibit 1A - Email from Lynn Fox representative from the Quinnipiack Valley Health District, dated March 5, 2014, Re:  Application #2014-013 proposed Community Center, Phase 2 of the project entails increasing the footprint of the existing building, QVHD can recommend approval.

 

Chair Brinton then reviewed the application file.

 

Present to speak on behalf of this application was Stephen Whitaker of Ames & Whitaker Architects, representing the Town of Bethany.  Mr. Whitaker briefly reviewed the proposed project and some items noted were:

  • Community center will be emergency shelter also.
  • Will be run under Park and Recreation Department.
  • Eliminating one existing driveway.
  • Immediate intent is to use the existing well that serves Town Garage.
  • Testing for septic system has not been completed due to snow.

 

Chair Brinton then read in order the names on the sign-up sheets so that the public can comment.  The following public individuals spoke:

·         Stewart Morganstern of 17 Old Fairwood

·         Ruth Beardsley 820 of Litchfield Turnpike

·         Fran Doba of 980 Amity Road

·         Bob Brinton of 68 Knollwood Road

·         Art Slicer of 20 Lacey Road

·         Russ VonBeren of 134 Wooding Hill Road

·         Sharon Huxley of 340 Old Mill Road

·         Bruce Hescock of 160 Humiston Drive

·         Anthony Esposito of 79 Meyers Road

·         Patricia Stewart of 79 Meyers Road

·         Don Shea of 48 Deerfield Lane

 

Some Commission members noted the following:

  • New building will be 28 feet longer than existing structure.
  • Applicant is the agent (Stephen Whitaker) authorized by First Selectman Gorski.
  • Commission does not have all the plans that applicant exhibited.
  • Concern about water availability.

 

Chair Brinton read letter that was written by Town Attorney Kevin McSherry addressed to Hiram Peck submitted February 14, 2014.

 

Kevin McSherry, Town Attorney, mentioned that if the Commission has not seen the plans submitted this evening by the applicant, that the Commission will need time to review the plans and that the hearing should be continued so that questions can be answered. 

 

Isabel Kearns mentioned the email received from Lynn Fox of the Quinnipiack Valley Health District, dated March 5, 2014, in which she states QVHD can recommend approval.   Mr. Peck recommended that QVHD supply clarification as to what exactly they are approving.

 

Chair Brinton read the letter submitted by Quinnipiack Valley Health District, dated March 3, 2014.

 

The architect, Stephen Whitaker, is to provide a complete set of plans to all of the Commission members.

 

At 8:53 p.m., Chair Brinton recessed the public hearing and continued it to the next regular meeting on Wednesday, April 2, 2014.  Hearings will start at 7:15 p.m. 

 

 

Chair Brinton recessed the meeting for a brief break at 8:54 p.m.  The meeting commenced at 9:01 p.m.

 

·         Application #2013-028 for a four-lot resubdivision and waiver request for the provision of open space and waiver request for water source for fire protection and Application #2013-029 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit both submitted by Amity Road LLC for property located at 788 Amity Road

 

At 9:02 p.m., Chair Brinton called to order the public hearing continuation on the subject application.  Chair Brinton read the notice of the hearing continuation.

 

Present to speak on behalf of this application was John Paul Garcia, P.E./L.S. representing the applicant and owner of record, Anthony Vallillo, who was also present.

 

Mr. Garcia noted for the hearing record:

·         Proposing a 20-foot wide easement over both parcels but the easement would not be in effect until the use of the commercial kennel property is dissolved.

·         Submitted a plan entitled, “Proposed Trail Easements, Jonia Court”, dated March 5, 2014, with no revisions prepared by John Paul Garcia and Associates.

·         Conservation Commission would like to walk the site to check terrain and soil type.

·         Proposing an easement not open space.

 

There was some confusion with the applicant and the Chairman of the Conservation Commission as to what was being proposed and what was agreed on.  Mr. Garcia and Mr. Loomis had a discussion and Mr. Loomis stated the trail easement is more important and was agreed upon.

 

Bruce Loomis of the Conservation Commission stated the Land Trust is interested in walking the site and taking the easement in their name.

 

Anthony Vallillo owner and applicant stated that he is concerned with the liability of people walking on the property on the  walking trail but agreed and the continuances of the hearing is costing him money and time.

 

Sharon Huxley of 340 Old Mill Road., mentioned making the trail a multi-use trail not just a walking trail.

 

At 9:42 p.m., it was moved by Calhoun and seconded by Sullivan to close the public hearing.  Unanimous approval.

 

 

 

 

 

 

 

 

·         112 Old Amity Road, Application #2014-004 submitted by Warren Allen for a Special

      Exception Permit for dwelling unit in Business and Industrial Zone

 

At 9:15 p.m., Chair Brinton called to order the public on the subject application. 

 

Chair Brinton read the list of correspondence that has been received as follows:

·         Letter from Quinnipiack Valley Health District, dated March 3, 2014, Re:  Comments on review of dwelling unit in B&I Zone, 112 Old Amity Road.

 

Isabel Kearns, ZEO, stated the septic system testing has not been completed due to snow covering on ground so the applicant does not have approval from QVHD.

 

Mr. Warren Allen, applicant, submitted an email, dated March 5, 2014, granting an extension for 35-days to continue the public hearing.  It was moved by Sullivan and seconded by Calhoun to except the extension of 35-days submitted by Warren Allen to continue the public hearing on Application #2014-004.

 

At 9:17 p.m., Chair Brinton recessed the public hearing and continued it to the next regular meeting scheduled for Wednesday, April 2, 2014, in the Commission Meeting Room of the Bethany Town Hall.  Hearings will begin at 7:15 p.m.  Tabled.

 

 

·          91 Bethway Road, Application #2014-005 submitted by Elizabeth Doering to modify

       existing permit to add a 14-foot by 30-foot multi-purpose room –

 

      Chair Brinton recused herself.  Donna Shea was seated as a voting member.

 

At 9:19 p.m., Acting-Chair Amadeo called to order the public continuation on the subject application. 

 

Acting-Chair Amadeo read the list of correspondence that has been received as follows:

·         Copy of Inland Wetlands Permit #1213 for 91 Bethway Road for a modification to the original IW Permit for the addition of a multi-purpose room to the indoor riding arena for storage and viewing area.

 

Acting-Chair Amadeo asked if there was anyone from the public who would like to comment.  There were no comments.

 

At 9:22 p.m., Acting-Chair Amadeo closed the public hearing on the subject application for      91 Bethway Road.

 

NEW BUSINESS

 

No new business.

 

 

OLD BUSINESS

 

1.      Application #2014-002 submitted by James Sakonchick to 1. Amend the Bethany Zoning Regulations to add Section 4.3.K – Set-aside Development and 2. Obtain approval of “Set-aside Development” for new construction of 3-Unit Multi-Family Dwelling in accordance with CGS Section 8-30g for property located at 4 Peck Road – Public hearing continued to April 2, 2014.

 

2.      Application #2014-013 submitted by Ames & Whitaker Architects for a Special Exception for a Site Plan Approval to construct a community center for property located at 755 Amity Road (Airport Hangar) – Public hearing continued to April 2, 2014.

 

 

3.      788 Amity Road, Application #2013-028 submitted by Amity Road LLC for a 4-Lot Resubdivision and waiver request for open space and waiver request for the provision of a water source for fire protection in the resubdivision – Public hearing closed tonight. No action taken. Tabled.

 

4.      788 Amity Road, Application #2013-029 submitted by Amity Road LLC for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – Public hearing closed tonight.  No action taken.  Tabled.

 

5.      112 Old Amity Road, Application #2014-004 submitted by Warren Allen for a Special Exception Permit for dwelling unit in B&I Zone – Public hearing continued to April 2, 2014.

 

6.      91 Bethway Road, Application #2014-005 submitted by Elizabeth Doering to modify existing permit to add a 14-foot by 30-foot multi-purpose room

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.  It was moved by Calhoun and seconded by Sullivan to approve the following resolution for Application #2014-005:

 

Whereas, Elizabeth Doering, owner of 91 Bethway Road, applied for a modification of Special Exception Permit #2013-018 to add a 14-foot by 30-foot multi-purpose room to the indoor riding arena for storage and viewing area located at 91 Bethway Road on January 8, 2014;

 

Whereas, the Commission, at its regular meeting also held on January 8, 2014, considered the maps, testimony and other pertinent application information relating to a request for a modification of Special Exception Permit 2013-018 for a 14-foot by 30-foot multi-purpose room located at 91 Bethway Road;

 

 

 

 

Now Therefore, the Commission makes the following findings of fact and decision regarding the application:

1)                  John Laudano, Quinnipiack Valley Health District Representative, signed off on QVHD Permit #2164 on January 15, 2014, for a 14-foot by 30-foot addition.

2)                  The Inland Wetlands Commission issued Permit #1213 on February 24, 2014, for a 14-foot by 30-foot multi-purpose room to the indoor riding arena for storage and viewing located at 91 Bethway Road.

3)                  The Planning and Zoning Commission received correspondence from Ron Walters of the South Central Connecticut Regional Water Authority dated January 7, 2014, stating that he has no comment.

4)                  Rod White, Fire Marshal, signed off on the back of the application form on January 7, 2014, 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, Application #2014-005 submitted by Elizabeth Doering, the Commission hereby approves the modification to the Special Exception Permit to add a 14-foot by 30-foot multi-purpose room to the indoor riding arena for storage and viewing located at 91 Bethway Road, as shown on the following plans prepared by Megson & Heagle Engineers & Land Surveyors located in Glastonbury, Connecticut:

·         “Boundary & Overall Plan”, dated October 16, 2012, revised to December 19, 2013, Sheet 1 of 3.

·         “Site Plan”, dated October 16, 2012, revised to December 19, 2013, Sheet 2 of 3.

·         “Erosion & Sediment Control Notes & Details”, dated July 19, 2013, revised to December 19, 2013, Sheet 3 of 3.

 

and with the following conditions:

1)      Any new lighting shall be full-cut off lighting.

2)      All manure shall be stored in a covered dumpster and shall be removed as needed and comply with the Public Health Code of the State of CT.  There shall be no stockpiling of manure.

Voting for:  Amadeo, Calhoun, Goldner, Shea, Sullivan.

Unanimous approval.

 

 

7.      Discussion regarding Community Garden at Airport – 755 Amity Road

 

Present for this discussion was MaryEllen Unger, Chair of the Community Garden Committee and Nancy Scanlon, who was also present.

 

Chair Unger submitted a new packet to the Commission that consisted of a community garden and parking, water source for proposed garden, description of vinyl storage shed and description of deer fencing.

 

 

 

Some items of discussion were:

·         Ms. Unger stated she spoke with Bob McSherry, Fire Chief, and he was fine with the garden as long as there will be no traffic on the road where the firehouse located.

·         Reviewed the water source.

·         Reviewed the deer fencing.

 

Commission members noted:

·         Concerned with deer fencing being too close to horse ring and if a horse is being warmed up outside the ring and gets spooked, this can be a safety issue for all.

·         Concerned with the location of the garden which is in the vicinity of horse activity from the horse shows.

·         Discussed a different location, such as behind the mattress company.

·         It was suggested to have a meeting with representatives from the Park and Recreation Department, Horse Committee, Fire Department, Public Works Department and First Selectman to discuss a safe location.

Tabled.

 

8.      4 and 21 Meyers Road, Application #2014-006 submitted by Green Haven, Inc. to amend the title of the existing Section 9A of the Bethany Zoning Regulations by adding “Age Restricted” and to create a new Section 9B – “Housing Opportunity Development” (HOD) District – Public hearing continued to a Site Visit on March 15, 2014 and then special meeting on March 19, 2014.

 

9.      4 and 21 Meyers Road, Application #2014-007 submitted by Green Haven, Inc. to change the zone district designation from HOD (Section 9A) to new proposed Section 9B (HOD) – Public hearing continued to a Site Visit on March 15, 2014 and then special meeting on March 19, 2014.

 

10.  4 and 21 Meyers Road, Application #2014-008 submitted by Green Haven, Inc. to obtain a site plan approval for a new construction of 30 homes and related improvements for a housing development to be named Rocky Corner – Public hearing continued to a Site Visit on March 15, 2014 and then special meeting on March 19, 2014.

 

11.  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.

 

12.  Continue discussion on Village DistrictsTabled.

 

There being no further business to come before the Commission, it was moved by Sullivan  and seconded by Calhoun to adjourn the regular meeting at 9:50 p.m.  Unanimous approval.

    

Respectfully submitted,

 

Antonia R. Marek, Clerk

For the Planning and Zoning Commission