Friday, August 8, 2014


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, AUGUST 6, 2014                                               Page 1 of 12
 
 
 
 
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

            Michael Calhoun, Member

            Douglas Goldner, Member

            Michael Sullivan, Member

            Donna Shea, Alternate Member

            Bradford Buchta, Alternate Member, seated as a Regular Member

            James Gugliotti, Alternate Member

 

Also present were:

            Hiram Peck, Planning Consultant

            Isabel Kearns, Zoning Enforcement Officer

 

 

APPROVAL OF MINUTES

            

1.      It was moved by Sullivan and seconded by Calhoun to approve as amended the minutes of the July 2, 2014, Regular Meeting as follows:

·         Page 3, Second Paragraph, First Bullet – Reads “These application will create ……” Change to “These applications will create …..”.

·         Page 3, Last Paragraph – Reads “Mr. Grieger …..” Change to “Mr. Rieger ……”.

·         Page 10, Fourth Paragraph, Second Sentence – Reads “Mrs. Vernik also stated the Quinnipiack Valley Health District sited …..” Change to “Mrs. Vernik also stated the Quinnipiack Valley Health District cited …..”.

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

      Unanimous approval.

 

 

BILLS

 

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

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

      Unanimous approval.

 

2.      It was moved by Buchta and seconded by Calhoun to approve the payment of $105.00 for recording services rendered at the public hearing held on July 2, 2014, (378 Bethmour Road) by Anne Sohon.

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

Unanimous approval.

 

 

3.      It was moved by Sullivan and seconded by Buchta to approve the payment of $105.00 for recording services rendered at the public hearing held on August 6, 2014, (Zoning Amendment, 980 Amity Road, 90 Pole Hill Road) by John McLeod.

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

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from South Central Connecticut Regional Planning Commission, dated July 11, 2014, Re:  Review comments on proposed zoning regulation amendment to repeal Section 9-A, Housing Opportunity Development.

2.      Letter from Valley Council of Governments Regional Planning Commission, dated July 23, 2014, Re:  Review comments on proposed zoning regulation amendment to repeal       

Section 9-A, Housing Opportunity Development.

3.      Letter from Derrylyn Gorski, First Selectman, dated June 30, 2014, Re:  Request to the Planning and Zoning Commission to conduct a Section 8-24 Review for the proposed Community Garden located at 90 Pole Hill Road.

4.      Email from Michael Katzmark, BVFD Water Source Officer, dated July 30, 2014, Re:  Comments on review of plans for community garden located at 90 Pole Hill Road.

5.      Letter from Quinnipiack Valley Health District, dated July 14, 2014, Re:  Comments on review of application for 90 Pole Hill Road, community garden with attached six sheets on “Growing & Eating Fruits and Vegetable Safely”.

6.      Letter from Anthony Vallillo, dated July 16, 2014, Re:  Request for an extension of 90 days to file the mylar for the 4-lot resubdivision located at 788 Amity Road.

7.      Inland Wetlands Permit #1223, approved on July 28, 2014, for 63 Sargent Drive, Bill and Wendy Grieger (property owners), for a site plan for a storage building.

8.      Letter from Brendan Rieger, dated July 14, 2014, Re:  Requesting withdrawal of Application #2014-023 for 87 Old Amity Road.

9.      Memo from Hiram Peck, Planning Consultant, to Zoning Board of Appeals, dated July 6, 2013, Re:  87 Old Amity Road, location for car dealership.

10.  Memo from Hiram Peck, Planning Consultant dated July 27, 2014, Re:  Question regarding application for Place of Public Assembly in the B&I Zone (87 Old Amity Road).

11.  Letter from Isabel Kearns, ZEO, to Mr. & Mrs. Wilbert Fogg, owners of 165 Fairwood Road, dated July 18, 2014, Re:  Notice of Violation, tenants locating a pool without permit.

 

 

PUBLICATIONS AND WORKSHOPS

 

1.      Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Summer 2014.

2.      Connecticut Conference of Municipalities, 2014 Annual Convention, October 21, 2014, Hartford, Connecticut.




 

ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

 

Isabel Kearns, ZEO, reported on the following:

  • 10 Round Hill Road – Received variance from Zoning Board of Appeals and will be submitting an application to Inland Wetlands Commission.
  • 33 Russell Road – Have been working with property owner and he is paying professionals to help him come to a resolution.
  • 234 Amity Road (Surrey Brook Preschool) – Received a complaint that classes with children were being held in barn.  Building official will be visiting the site and Ms. Kearns will follow-up.
  • Submitted copy of building permits for the month of May, June, and July, 2014.

 

 

PUBLIC HEARING

 

·         Proposed Bethany Zoning Regulation Amendment to repeal Section 9A – Housing Opportunity Development of the Bethany Zoning Regulations

 

Roll call was conducted.

 

At 7:20 p.m., Chair Brinton read the call for the public hearing.  Chair Brinton reviewed the complete application file.

 

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

·         Letter from South Central Connecticut Regional Planning Commission, dated July 11, 2014, Re:  Review comments on proposed zoning regulation amendment to repeal Section 9-A, Housing Opportunity Development.

·         Letter from Valley Council of Governments Regional Planning Commission, dated July 23, 2014, Re:  Review comments on proposed zoning regulation amendment to repeal       

Section 9-A, Housing Opportunity Development.

 

Hiram Peck, Planning Consultant, stated that the purpose of this appeal of Section 9A is because of the Section 9B just being adopted for the same piece of property and having these two Sections would be redundant and a conflict.  Mr. Peck stated it was the recommendation of Peter Olson, Counsel at the time, and himself to repeal Section 9A.

 

Chair Brinton asked if anyone from the public would like to speak for the application or against the application.  There were no comments.

 

At 7:26 p.m., it was moved by Calhoun and seconded by Buchta to close the public hearing on the subject application.

 

 

 

 

·         980 Amity Road, Application #2014-025 submitted by Frances Doba for a Special Exception Permit for an Accessory Apartment

 

At 7:27 p.m., Chair Brinton read the call for the public hearing.  Chair Brinton reviewed the complete application file.

 

Isabel Kearns, ZEO, stated the application meets the requirements for square footage for an accessory apartment.

 

Present to speak on behalf of this application was Fran Doba, applicant and owner of record.  Mrs. Doba briefly reviewed the proposed project and noted:

  • The in-law apartment was used by her in-laws and then her son.
  • Would like to rent out to one or two adults.
  • This is an after-the-fact permit.

 

Chair Brinton asked if anyone from the public would like to speak for the application or against the application.  There were no comments.

 

At 7:30 p.m., it was moved by Sullivan and seconded by Calhoun to close the public hearing on the subject application.

 

 

·         90 Pole Hill Road, Application #2014-027 submitted by the Town of Bethany for a C.G.S. Section 8-24 Review – Community Garden

 

The Commission received an email, dated August 6, 2014, from MaryEllen Unger, Chair of the Bethany Community Garden Committee, withdrawing the application for the proposed community garden.

 

 

·         90 Pole Hill Road, Application #2014-026 submitted by Bethany Community Garden Club for a Special Exception Permit for a Community Garden

 

The Commission received an email, dated August 6, 2014, from MaryEllen Unger, Chair of the Bethany Community Garden Committee, withdrawing the application for the proposed community garden.

 

 

 

 

 

 

 

 

 

 

NEW BUSINESS

 

1.      Discussion regarding vacant member position on the Planning and Zoning Commission

It was moved by Calhoun and seconded by Sullivan to nominate Brad Buchta, Alternate Member, for the vacant Regular Member position.

 

It was moved by Goldner and seconded by Brinton to nominate Donna Shea, Alternate Member, for the vacant Regular Member Position.

 

It was moved by Sullivan and seconded by Calhoun to close nominations for the vacant Regular Member Position.

 

Hiram Peck, Planning Consultant, recommended the Commission leave the nominations and hold off on voting so that he can contact Town Attorney with questions.  Tabled.

 

 

2.      Discussion regarding letter from Anthony Vallillo, dated July 16, 2014, Requesting a 90-day extension to file the mylar for the approved 4-Lot Subdivision located at         788 Amity Road

 

The Commission received a letter from Anthony Vallillo, dated July 16, 2014, Re:  Request for an extension of 90 days to file the mylar for the 4-lot resubdivision located at 788 Amity Road.  Commission members proceeded to deliberate.

 

It was moved by Buchta and seconded by Sullivan to approve the request from Anthony Vallillo in a letter dated July 16, 2014, for a request of a 90-day extension of time for the filing of the mylar map for the Four-lot Resubdivision located at 788 Amity Road.  This extension period expires November 26, 2014.

Unanimous approval.

 

 

3.      Discussion with Cheryl and Ronald Vernik of 44 Northrop Road and Paul Silva of 46 Northrop Road regarding ongoing issues with 48 Northrop Road

 

Present for this discussion were Cheryl and Ronald Vernik of 44 Northrop Road and Paul Silva of 46 Northrop Road.

 

The Vernik’s submitted a packet with photographs of the property at 48 Northrop Road.

 

Some concerns mentioned by the neighbors were:

o   Wells downhill from where cars are parked.

o   Fence that was installed considered a structure. Does the fence satisfy the requirements in the Zoning Regulations?

o   Dumpster for horse manure not covered.

 

Isabel Kearns, ZEO, submitted a packet of the Chronology of Events.  Ms. Kearns mentioned John Laudano, Quinnipiack Valley Health District Representative did visit the site and sent email stating the property owner satisfied the requirements of QVHD.

 

Hiram Peck, Planning Consultant, recommended the following:

o   Need to determine if this property would be considered a junkyard with the help of DMV.

o   Need to investigate health concerns with QVHD.

o   Need to determine if fence is a structure or not.

o   The Commission should schedule a site visit and make a final determination at the next meeting on September 3, 2014.

 

4.      Discussion with Mary Scinto of 48 Northrop Road regarding 44 and 46 Northrop Road

 

Present for this discussion of Mary Scinto of 48 Northrop Road.

 

Mrs. Scinto expressed her concerns as follows:

o   QVHD has visited our property and did not give us any violation notices.

o   Being harassed by neighbors.

o   Did work with the ZEO to be in compliance with zoning regulations when decided to have horses.

o   Welcomed the Commission to visit her property.

 

The Commission scheduled a site visit for Wednesday, September 3, 2014, at 6:00 p.m. to visit 44, 46 and 48 Northrop Road.  Tabled.

 

5.      To take place at end of meeting – Executive Session – Matters in litigation

 

At 9:20 p.m., it was moved by Sullivan and seconded by Buchta for the Commission to enter into an executive session regarding matters in litigation, inviting Hiram Peck, Planning Consultant to join in that executive session.

Unanimous approval.

 

At 9:36 p.m., it was moved by Sullivan and seconded by Buchta for the Commission to exit out of executive session.

Unanimous approval.

 

For the record, no votes were taken in the course of the executive session.

 

 

 

 

 

 

6.      To take place at end of meeting – Executive Session – Personnel matters

 

At 9:36 p.m., it was moved by Sullivan and seconded by Buchta for the Commission to enter into an executive session regarding personnel matters, inviting Hiram Peck, Planning Consultant to join in that executive session.

 

Unanimous approval.

 

At 10:04 p.m., it was moved by Sullivan and seconded by Buchta for the Commission to exit out of executive session.

Unanimous approval.

 

For the record, no votes were taken in the course of the executive session.

 

 

OLD BUSINESS

 

1)      63 Sargent Drive, Application #2014-021 submitted by Bill and Wendy Grieger for a Site Plan for storage building

 

Present to speak on behalf of this application was Bill and Wendy Grieger, applicant and owner of record.

 

The Commission received Inland Wetlands Permit #1223, approved on July 28, 2014, for         63 Sargent Drive, Bill and Wendy Grieger (property owners), for a site plan for a storage building.

 

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 #2014-021:

 

Whereas, Mr. & Mrs. William Grieger, owner of Bethany Heavy Equipment Storage, applied on July 2, 2014, to the Bethany Planning and Zoning Commission for Site Plan Approval to construct a 60-foot by 150-foot building and associated site work located at 63 Sargent Drive;

 

Whereas, the Commission, at its regular meetings of August 6, 2014, considered the maps, narrative, testimony and other pertinent information relating to a request for Site Plan Approval;

 

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

1)                  The Planning and Zoning Commission received a letter from John Laudano, Quinnipiack Valley Health District Representative, dated June 16, 2014, in which he states that he reviewed the proposed site plan and approves the design of the septic system as shown on Sheets C-1 – C-5 last revised June 9, 2014.  Also Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on June 18, 2014, stating “See attached letter.”

2)                  The Planning & Zoning Commission is in receipt of Permit #1223 approved on July 28, 2014 from the Inland Wetlands Commission for a site plan for a storage building.

3)                  Rod White, Fire Marshal signed off on the back of the application form on  June 5, 2014, indicating his approval;

4)                  In an e-mail dated June 24, 2014 Ronald Walters, representative of South Central Connecticut Regional Water Authority, stated that “A reduction in the size of the building would not change our comment letter.  Our previous comment letter is acceptable for the revised plan.”

 

Now Therefore Be It Resolved, that pursuant to Section5.2.A. of the Bethany Zoning Regulations, amended to June 4, 2014, the Bethany Planning and Zoning Commission approves the Site Plan in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:

a.       “Proposed Site Plan”, dated February 12, 2012, revised to June 9, 2014, Drawing   No. C-1.

b.      “Proposed Septic Plan”, dated November 12, 2012, revised to June 9, 2014, Drawing No. C-2.

c.       “Erosion Control Plan”, dated November 12, 2012, revised to June 9, 2014, Drawing No. C-3.

d.      “Drainage Plan”, dated November 12, 2012, revised to June 9, 2014, Drawing        No. C-4.

e.       “Typical Details”, dated February 21, 2012, revised to June 9, 2014, Drawing        No. C-5.

 

And with the following conditions:

 

1)      Bond and surety for the erosion and sedimentation controls must be received in an amount acceptable to Town Engineer and in a form acceptable to Town Counsel prior to commencement of work.

2)      New Use and tenant fit-out permits must be received prior to the occupancy of any of the units, EVEN if they are just for storage. 

Vote 5 to 0.

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

Unanimous approval.

 

 

 

 

 

 

2)      87 Old Amity Road, Application #2014-023 submitted by Brendan Rieger for a Change Of Use to a music studio and rehearsal space

 

The Commission received a letter from Brendan Rieger, dated July 14, 2014, Re:  Requesting withdrawal of Application #2014-023 for 87 Old Amity Road.

 

It was moved by Buchta and seconded by Sullivan to accept Brendan Reiger letter dated July 14, 2014, to withdraw application.

 

The Commission received a memo from Hiram Peck, Planning Consultant dated July 27, 2014, Re:  Question regarding application for Place of Public Assembly in the B&I Zone (87 Old Amity Road), which included a regulation amendment.  Commission will include this amendment with the zoning regulation amendments previously discussed and include in tentative public hearing date of November 5, 2014.

 

 

3)      696 Amity Road, Units 5 and 6, Application #2014-024 submitted by Orlando Skaarva for a Change of Use to a convenience store

 

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 #2014-024:

 

Whereas, Orlando Skaarva applied on July 2, 2014, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate a convenience store located at 696 Amity Road, Units 5A and 6A;

 

Whereas, in a letter dated June 26, 2014, Theresa Laudadio authorized Orlando Skaarva to apply for the necessary land-use permits to operate a convenience store located at 696 Amity Road, Units 5A and 6A;

 

Whereas, the Commission, at its regular meeting of August 6, 2014, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate a convenience store located at 696 Amity Road, Units 5A and 6A;

 

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 July 16, 2014, indicating his approval.  He stated that there is a 160 GPD waste water discharge maximum.

2)                  Rod White, Fire Marshal, signed off on the back of the application form on June 30, 2014, indicating his approval.

3)                  The Commission received a letter dated July 2, 2014 from Ron Walters of the South Central Connecticut Regional Water Authority in which he states that he has no comments.

 

Now Therefore Be It Resolved that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to July 1, 2014, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate a convenience store located at 696 Amity Road, Units 5A and 6A (2014-  024, as presented in the application, statement of use and testimony 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:  Brinton, Calhoun, Goldner, Sullivan, Buchta.

Unanimous approval.

 

4)      Proposed Bethany Zoning Regulation Amendment to repeal Section 9A – Housing Opportunity Development of the Bethany Zoning Regulations

 

It was moved by Buchta and seconded by Calhoun to approve the adoption of the amendment to the Bethany Zoning Regulations to repeal Section 9A – Housing Opportunity Development, effective August 15, 2014.

Vote 5 to 0.

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

Unanimous approval.

 

 

5)      980 Amity Road, Application #2014-025 submitted by Frances Doba for a Special Exception for an Accessory Apartment

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Calhoun to approve the following resolution for Application #2014-025:

 

Whereas, Frances Doba applied to the Commission on July 2, 2014, for a Special Exception Permit for an after-the-fact accessory apartment with 685 square feet of floor area above the attached garage at 980 Amity Road;

 

Whereas, the Planning and Zoning Commission opened a public hearing on Application   #2014-025 for an after-the-fact accessory apartment at 980 Amity Road on August 6, 2014.  Said hearing was closed at the conclusion of testimony that same evening;

 

Now Therefore, the Planning and Zoning Commission makes the following findings of fact and decisions regarding the application:

 

  1. Alexis Rinaldi, Quinnipiack Valley Health District representative, signed off on the back of the application form on July 31, 2014, indicating her approval. 
  2. Roderick White, Fire Marshal, signed off on the back of the application form indicating his approval on July 29, 2014.  However, he noted that smoke and carbon monoxide detectors are required.
  3. The Planning & Zoning Commission received an email from Cindy Gaudino of the Connecticut Water Company, dated July 28, 2014, stating she has no concerns.
  4. The application and Statement of Use dated July 1, 2014, demonstrates that the proposed accessory apartment would contain only 685 square feet of living space, and the Town of Bethany Zoning Regulations allows a maximum of 700 square feet of living space.
  5. The Planning and Zoning Commission finds that the Special Exception Permit Application for an after-the-fact accessory apartment at 980 Amity Road complies with Section 4.4.J. of the Bethany Zoning Regulations and satisfies the intent of the Regulations, as it is wholly contained within the existing home.

 

Now Therefore Be It Resolved, that pursuant to Section 4.4.J. of the Bethany Zoning Regulations, amended to July 1, 2014, the Bethany Planning and Zoning Commission approves the application of Frances Doba for a Special Exception for a 685 square foot accessory apartment (#2014-025) as shown on the floor plan submitted July 1, 2014, and as per the statement of use dated July 1, 2014;          

 

And with the following conditions:

 

1)                 The owner of the property shall provide to the Commission an annual affidavit, due prior to occupancy of the apartment and during the month of January each year, to the effect that the accessory apartment continues to be in full compliance with Section 4.4.J. of the Bethany Zoning Regulations.

2)                 Smoke and carbon monoxide detectors are required by the Fire Marshal.

3)                 An after-the-fact building permit must be received by the building official to assure that the apartment complies with all building codes.

Vote 5 to 0.

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

Unanimous approval.

 

6)      90 Pole Hill Road, Application #2014-027 submitted by Town of Bethany for a C.G.S. Section 8-24 Review – Community Garden  Application withdrawn.

 

 

7)      90 Pole Hill Road, Application #2014-026 submitted by Bethany Community Garden Club to build a community garden  Application withdrawn.

 

 

 

 

8)      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.  Mr. D’Andrea noted the following:

·         Outside storage he has is temporary as used on jobs.

·         Trying to come in compliance with the zoning regulations and be able to maximize the use of his property.

·         If business grows, will need to expand and possibly add another building.

 

Hiram Peck, Planning Consultant, asked Mr. D’Andrea to draw on map what is currently being used for storage.  If you would like expand, would possibly have to go to Zoning Board of Appeals and show lot is nonconforming and that it is a hardship.  Mr. Peck will work with      Mr. D’Andrea.  Tabled.

 

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.  – Hiram Peck, Planning Consultant, will put together a packet with all the proposed amendments.  Tabled.

 

10)  Continue discussion on Village Districts  - Hiram Peck, Planning Consultant, shared information he acquired on grant.  Tabled.

 

 

OTHER BUSINESS

 

The Commission briefly discussed HomeConnecticut, a partnership for communities.

 

 

There being no further business to come before the Commission, it was moved by Calhoun and seconded by Goldner to adjourn the regular meeting at10:04 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning Commission