Wednesday, June 11, 2014


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, MAY 7, 2014                                                    Page 1 of 11

 

The regular meeting of the Planning and Zoning Commission was called to order at 7:03 p.m. in the Commission 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

            Peter Olson, Special Counsel

 

 

APPROVAL OF MINUTES

 

1.      It was moved by Sullivan and seconded by Calhoun to approve, as submitted, the minutes of the March 19, 2014, Special Meeting/Public Hearing Continuation.

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

      Unanimous approval.

 

2.      It was moved by Sullivan and seconded by Calhoun to approve the minutes of the April 2, 2014, Regular Meeting with the following amendment:

·         Page 5 – Last Paragraph – Reads “Mr. Olson stated the Commission would like     Mr. Sakonchick to submit a traffic study which would include traffic counts, travelled speed, and intersection site distance but Mr. Sakonchick stated he feels the record is sufficient.” Change to “Mr. Olson stated the Commission would like Mr. Sakonchick to submit a traffic study which would include traffic counts, traveled speed, and intersection site distance but Mr. Sakonchick stated he feels the record is sufficient.”

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

      Unanimous approval.

 

3.      It was moved by Sullivan and seconded by Calhoun to approve, as submitted, the minutes of the April 16, 2014, Special Meeting/Public Hearing Continuation.

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

      Unanimous approval.

 

 

 

 

 

BILLS

 

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

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

Unanimous approval.

 

2.      It was moved by Calhoun and seconded by Sullivan to approve the payment of $105.00 for recording services rendered at the public hearing held on March 19, 2014, (4 and 21 Meyers Road) by Anne Sohon.

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

      Unanimous approval.

 

3.      It was moved by Sullivan and seconded by Calhoun to approve the payment of $105.00 for recording services rendered at the public hearing held on April 16, 2014, (4 Peck Road,     755 Amity Road and 112 Old Amity Road) by Anne Sohon.

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

      Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Email from Bruce Loomis, Chairman of the Conservation Commission, dated April 3, 2014, Re:  788 Amity Road, Valillo Subdivision, conservation easement with attached letter from the Bethany Land Trust, dated March 26, 2014, Re:  Comments from meeting with Conservation Commission and the applicant, Mr. Valillo.

2.      Letter from Isabel Kearns, ZEO, to Mr. & Mrs. Donald Colberg of 257 Fairwood Road, dated April 9, 2014, Re:  Notice of Violation, unregistered motor vehicles on property,               257 Fairwood Road.

 

 

 

ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

 

Isabel Kearns, ZEO, reported on the following.

·         6 Sargent Drive – Will be starting construction.

·         Submitted report on building permits for the month of April.

 

 

 

 

 

 

 

 

PUBLIC HEARING

 

·         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   7:16 p.m., Chair Brinton called to order the public hearing on the subject application. 

 

No one was present to speak on behalf of the application.

 

Isabel Kearns, ZEO, stated that the applicant did not receive approval from the Quinnipiack Valley Health District.  Also, Ms. Kearns stated that the owner has listed the property with a realtor.

 

There being no further discussion at 7:17 p.m., it was moved by Sullivan and seconded by Goldner to close the public hearing.  Unanimous approval.

 

 

NEW BUSINESS

 

Chair Brinton excused herself from the meeting at 7:14 p.m.

 

1.      445 Sperry Road, Application #2014-019 submitted by Robert Means for a Home Occupation Permit for teaching in home and professional office

 

Vice Chair Amadeo was acting as Chairman.

 

The Commission formally received the application.  No one was present to speak on behalf of this application. 

 

Isabel Kearns, ZEO, stated that the applicant has received signoffs from the Quinnipiack Valley Health District and the Fire Marshal.  Also, Ms. Kearns stated there will be no signage. 

 

Acting Chairman Amadeo reviewed the application file. 

 

Chair Brinton returned to the meeting at 7:20 p.m.

 

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 # 2014-019:

 

Whereas, Robert Means, applicant, applied to the Planning and Zoning Commission for a Home Occupation Permit for a teaching/tutorial business and related home office located at 445 Sperry Road;

 Whereas, the Commission at its regular meeting of May 7, 2014, 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 April 30, 2014, indicating her approval.

2)                  Rod White, Fire Marshal, signed off on the back of the application form on May 6, 2014, indicating his approval.

3)                  The Planning and Zoning Commission received a letter dated May 6, 2014 from Ronald Walters, South Central Connecticut Regional Water Authority representative, in which he states he has no comments.

 

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the application of Robert Means for a home occupation permit for a teaching/tutorial business and related home office located at 445 Sperry Road, as outlined in the Statement of Use dated April 23, 2014.

Vote:  5 to 0.

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

Unanimous approval.

 

 

2.      Discussion with Marc D’Andrea regarding outside storage at 860 Carrington Road

 

Present for this discussion was Marc D’Andrea, owner of 860 Carrington Road.

 

Isabel Kearns, ZEO, stated that Mr. D’Andrea has received approvals from the Planning and Zoning Commission for outside storage but he does not have enough room due to the limited outside storage as required in the Bethany Zoning Regulations.

 

Marc D’Andrea introduced himself, described his business and stated he is here to ask for more outside storage which he needs to operate his business.

 

Some items noted by Mr. D’Andrea were:

o   Need space for staging and organization.

o   Storing some equipment and mostly supplies purchased for the next job.

o   Most of the time equipment is on the job site.

 

Hiram Peck, Planning Consultant, suggested that the Zoning Enforcement Officer visit the site, measure the area that is being used for storage, sketch out exactly what is being stored and where it is being stored.  The ZEO is to report back to the Commission at the next regular meeting on June 4, 2014.  Tabled.

 

 

OLD BUSINESS

 

1.  241 Fairwood Road, Apt. B, Application #2014-016 submitted by Sean Johnson for a

     Home Occupation to operate a home office for a landscaping business

 

No one was present to speak on behalf of this application.  Applicant spoke to the Clerk for the Commission stating he sold his landscaping equipment and does not need the permit.

 

It was moved by Sullivan and seconded by Goldner to deny, without prejudice, Application #2014-016 submitted by Sean Johnson for a Home Occupation Permit to operate a home office for a landscaping business due to an incomplete application.

Vote:  5 to 0.

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

Unanimous approval.

 

 

2.   4 Peck Road, 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

 

Member Amadeo recused himself.  Alternate Member Buchta was seated as a voting member.

 

Special Counsel Peter Olson suggested the Commission deliberate on this application and direct Hiram Peck and himself to draft a resolution for the next meeting on June 4, 2014.

 

Some items discussed during the Commission’s deliberation were:

o   The application is not an affordable housing application.

o   Traffic safety.

o   Special Counsel has asked for certain items during the public hearing and the applicant was not willing to provide.

o   No traffic study submitted.

o   Concerned with safety of driveways and turning radius.

 

It was moved by Sullivan and seconded by Goldner to ask Special Counsel and the Planning Consultant to develop a draft motion of denial for 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 the Planning and Zoning Commission to review and act on at the next regular meeting scheduled for June 4, 2014.

Vote:  5 to 0.

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

Unanimous approval.

 

 

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 –

 

Hiram Peck, Planning Consultant, prepared a draft resolution.  Commission member discussed and proceeded to deliberate.  It was moved by Sullivan and seconded by Goldner to approve the following resolution for Application #2013-028 and #2013-029:

 

Re:  Requested Waivers:

 

1)                  Waiver of Fire Suppression Water Source:  Applicant withdrew waiver of Fire Suppression Water Source.  Applicant is installing a 20,000 gallon Fire Protection Storage Tank.

 

2)                  Waiver of Open Space:  This application also requests a waiver of the open space requirement as found in Section 11.4 of the Town of Bethany Subdivision Regulations.  Bruce Loomis, Conservation Commission Chair, in a letter dated November 15, 2014, did not support the waiver of open space and recommended a fee in lieu of open space. The applicant does not agree to the suggested Fee in Lieu of Open Space. Alternatives have been proposed regarding satisfying the open space requirement for the subdivision. The Commission has reviewed this matter and selects the alternative shown on map entitled, “Resubdivision Map Jonia Court”, dated April 11, 2013, revised to January 30, 2014, Drawing No. C-2, noted as Exhibit 2G.  This alternative is to be implemented as follows:

 

a.       The open space requirement is to be implemented in accordance with the location suggested by the Bethany Land Trust.

b.      The open space is to be documented in accordance with the draft open space conservation easement which is attached to this resolution.

c.       The open space conservation easement is to be shown on a properly drawn, signed and sealed map and associated documents which are to be properly recorded on the Bethany Land Records with the effective date of the easement establishment to be the same date as the recording of the record subdivision map.

d.      The easement and date of establishment shall be clearly noted on the recorded record subdivision map.

 

Re: 4-Lot Re-subdivision and Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit:

 

Whereas, Amity Road, LLC/Anthony Vallillo, owner of the subject property, applied for a 4-Lot Re-subdivision of 788 Amity Road on November 6, 2013;

 

Whereas, the Commission held public hearings on December 4, 2013, January 8, 2014,  February 5, 2014, and March 5, 2014, for both this 4-Lot Re-Subdivision  (#2013-028) and the associated Special Exception Earth Excavation, Filling, Stockpiling and Grading Permit   (#2013-029);

 

Whereas, the Commission took all testimony as required by law and closed the public hearing at the conclusion of the testimony on March 5, 2014;

 

Whereas, the Commission, also at its regular meeting of March 5, 2014 considered the maps, testimony, and other pertinent application information relating to a request for a 4-lot Re-subdivision and a Special Exception Earth Excavation, Filling, Stockpiling and Grading Permit for 788 Amity Road;

Whereas, The Planning and Zoning Commission received a letter dated September 19, 2013, from Lynn Fox and Leslie Balch of the Quinnipiack Valley Health District in which she states that the Quinnipiack Valley Health District can make recommendation for subdivision approval only after said plan has been reviewed and approved by the Quinnipiack Valley Health District.   The submission of engineered subsurface sewage disposal system plans are to be submitted, reviewed and approved by the Quinnipiack Valley Health District prior to any construction. The Planning and Zoning Commission also received a letter dated December 9, 2013, from Lynn Fox and Leslie Balch in which they state that the Quinnipiack Valley Health District is in receipt of a plan revised to November 12, 2013, locating a code complying area to replace the existing subsurface sewage disposal system.  Also, an e-mail from Lynn Fox dated February 4, 2014, was received stating that the lots meet the requirements for the proposed 4 bedroom houses.  The submission of engineered ‘plans’ would have to be reviewed and approved by the Quinnipiack Valley Health District before any construction can begin, and

Whereas, The Planning and Zoning Commission received a copy of Permit #1204 for a 4-lot resubdivision of 788 Amity Road which was approved by the Inland Wetland Commission on November 25, 2013; and

Whereas, The Planning and Zoning Commission received an e-mail dated September 20, 2013, from Cindy Gaudino of the Connecticut Water Company in which she stated that she has no comments;

Whereas, The Planning and Zoning Commission received a letter dated January 1, 2014, from Dave Nafis, Town Engineer, in which he listed several comments of concern.  The Commission subsequently received a letter dated February 4, 2014 in which he stated:  1) the applicant’s engineer has indicated they are working on obtaining a DOT permit; 2) the applicant’s engineer has indicated they will monitor the detention pond, during and after construction, and they, along with the town, will determine if a second barrier is required to improve the water quality leaving the detention basin; 3) the applicant’s engineer is in agreement that they will install, after construction of the roadway, any guardrails that are deemed necessary.  The Commission subsequently received another letter from Mr. Dave Nafis dated February 4, 2014 in which he states that the plans are substantially complete and noted:  1) The applicant’s engineer has indicated they are working on obtaining a DOT permit; 2) The applicant’s engineer will monitor the detention pond during and after construction and they, along with the Town, will determine if a second barrier is required to improve the water quality leaving the detention basin.

 

 

 

 

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

Now Therefore Be It Resolved, that pursuant to the Subdivision Regulations of the Town of Bethany, amended to June 20, 2007, Application #2013-028, from Amity Road, LLC/Anthony Vallillo for a 4-Lot Subdivision of 788 Amity Road located partially in the Business and Industrial Zone and partially in the R-65 Zone and pursuant to the Bethany Zoning Regulations, amended to December 7, 2011, Application #2013-029 for a Special Exception Earth Excavation, Filling, Stockpiling and Grading Permit, are hereby approved in accordance with the following plans:

a)      “Existing Conditions Map”, dated April 11, 2013, revised to September 26, 2013, Drawing No. C-1.

b)      “Resubdivision Map”, dated April 11, 2013, revised to January 30, 2014, Drawing No.  C-2, Exhibit 2G.

c)      “Site Development Plan”, dated April 11, 2013, revised to October 29, 2013, Drawing No. C-3.

d)     “Erosion and Sediment Control Plan”, dated April 11, 2013, revised to September 26, 2013, Drawing No. C-4.

e)      “Plan and Profile”, dated April 11, 2013, revised to September 26, 2013, Drawing        No. C-5.

f)       Detention Basin Details”, dated April 11, 2013, revised to September 26, 2013, Drawing No. C-6.

g)      “Typical Details”, dated April 11, 2013, with no revisions, Drawing No. C-7.

h)      “Typical Details”, dated April 11, 2013, revised to September 26, 2013, Drawing         No. C-8.

i)        “Septic System Design”, dated April 11, 2013, revised to September 26, 2013, Drawing No. C-9.

And with the following modifications:

 

1)      The open space matter as described above shall be resolved as indicated prior to the recording of any record subdivision map on this property.

 

2)      A bond, as allowed per State Statute, will be required for iron pins/monuments which shall be located as shown on the approved plans prior to the recording of the record map.  An estimate for the cost of the installation of pins shall be submitted by the applicant’s engineer.  The amount of the bond for the iron pins/monuments must be approved by Town Engineer and must be in a form acceptable to Town Counsel.

 

3)      A note shall be placed on the mylar stating, “Any deviations from the site plans may result in the need for a new site plan review and approval from the Planning & Zoning Commission as determined by the Zoning Enforcement Officer”.

 

 

 

 

4)      Private Road Construction – The access road shall be constructed in complete compliance with all Town of Bethany Road specifications.  A certification as to the fact that the road meets all town road specifications in effect at the time of construction shall be submitted to the ZEO, Town Engineer and the Board of Selectmen at the time of construction. If the applicant proposes for the road to become a public road it shall be constructed so as to be entirely eligible for said acceptance by the Planning and Zoning Commission, The Board of Selectmen, The Town Engineer.

 

5)      Per the letter dated February 4, 2014, from Dave Nafis, Town Engineer, if the Town determines that a second barrier is required to improve the water quality leaving the detention basin, one shall be constructed at the sole expense of the applicant, to the Town’s satisfaction.

 

6)      Per the letter dated February 4, 2014 from Dave Nafis, Town Engineer, if the Town deems that guardrails are necessary after the construction of the road, then they shall be installed to the Town’s satisfaction.

 

7)      Per the letter dated February 4, 2014, from Rod White, Fire Marshal, the fire suppression water tank must be approved and tested for use prior to “the issuance of any certificate of zoning compliance for any structure constructed on the subdivided lots”. 

Vote 5 to 0.

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

Unanimous approval.

 

 

4.      788 Amity Road, Application #2013-029 submitted by Amity Road LLC for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – See motion in Item 3 – Old Business, which includes this application.

 

5.      4 and 21 Meyers Road, Application #2014-006 submitted by Green Haven Inc.  for zoning text amendments to the Bethany Zoning Regulations to amend the title of the existing Section 9A by adding “Age Restricted” and to create a new Section 9B - “Housing Opportunity Development” (HOD) District  - See Belo

 

6.      4 and 21 Meyers Road, Application #2014-007 submitted by Green Haven Inc. to change the zone district designation of 4 Meyers Rd (Assessor’s Map 119,       Lot 7) & 21 Meyers Rd (Assessor’s Map 119, Lot 4), Bethany, Connecticut from HOD (Section 9A)            to new proposed Section 9B (HOD) – See Below

 

7.      4 and 21 Meyers Road, Application #2014-008 submitted by Green Haven Inc. to obtain a site plan approval for new construction of 30 homes and related improvements for a housing development to be named Rocky Corner, at 4 Meyers Rd (Assessor’s Map 119, Lot 7) & 21 Meyers Rd (Assessor’s Map 119, Lot 4), Bethany, Connecticut – See Below

 

 

 

Special Counsel Peter Olson suggested the Commission deliberate and direct Hiram Peck and himself to draft a resolution for the next regular meeting on June 4, 2014.

 

Some items discussed during the Commission’s deliberation were:

o   The Inland Wetlands Commission has not acted on this application to date.

o   Conservation easement for common area can be open to future development.

o   Parking.

o   Agricultural easement.

o   Prohibit rental units.

o   Regional Water Authority would be holding Conservation easement.

o   Qualified administrator to report to the Town of Bethany on each transaction.

 

 

It was moved by Calhoun and seconded by Sullivan to ask Special Counsel and the Planning Consultant to develop a draft motion to approve the following applications submitted by Green Haven Inc.:

·         Application #2014-006 for zoning text amendments to the Bethany Zoning Regulations to amend the title of the existing Section 9A by adding “Age Restricted” and to create a new Section 9B - “Housing Opportunity Development” (HOD) District.

·         Application #2014-007 to change the zone district designation of 4 Meyers Road (Assessor’s Map 119, Lot 7) and 21 Meyers Road (Assessor’s Map 119, Lot 4), Bethany, Connecticut from HOD (Section 9A) to new proposed Section 9B (HOD).

·         Application #2014-008 to obtain a site plan approval for new construction of 30 homes and related improvements for a housing development to be named Rocky Corner, at 4 Meyers Road (Assessor’s Map 119, Lot 7) and 21 Meyers Road (Assessor’s Map 119, Lot 4), Bethany, Connecticut.

For the Planning and Zoning Commission to review and possibly act on at the next regular meeting scheduled for June 4, 2014.

Vote 3 to 2.

Voting for:  Brinton, Calhoun, Sullivan.

Opposed:  Amadeo, Goldner.

 

The Planning and Zoning Commission will continue to deliberate at the next regular meeting scheduled for June 4, 2014.  The Commission also scheduled a Special Meeting if more time is needed to act on the above applications for Wednesday, June 11, 2014.

 

8.      112 OLD AMITY ROAD, Application #2014-004 submitted by Warren Allen for a Special Exception Permit for dwelling unit in B&I Zone

It was moved by Sullivan and seconded by Calhoun to deny, without prejudice, Application #2014-004 submitted by Warren Allen for a Special Exception Permit for dwelling unit in a Business and Industrial Zone due to an incomplete application.

Vote 5 to 0.

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

Unanimous approval.

 

9.      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.

 

 

10.  Continue discussion on Village Districts – Tabled.

 

 

There being no further business to come before the Commission, it was moved by Sullivan and seconded by Amadeo to adjourn the regular meeting at 10:07 p.m.  Unanimous approval.

 

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning Commission