Tuesday, April 29, 2014


BOARD OF SELECTMEN

SPECIAL MEETING

APRIL 15, 2014

Page 1 of 3

DRAFT

 

Attendance:  Attendance:  First Selectwoman Derrylyn Gorski, Selectwoman Aileen Magda, Selectman Donald Shea

 

Visitors:  Attorney Kevin McSherry

 

First Selectwoman Gorski called the special meeting of the Board of Selectmen to order at 7:30 pm.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.  All present stood for the Pledge of Allegiance. 

 

APPROVAL OF MINUTES

First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of March 26, 2014.  The motion of approval was moved by Selectman Shea and seconded by Selectwoman Magda.  Selectwoman Magda moved to correct the line Board of Finance in the title to Board of Selectmen.  The amended minutes were then accepted on a unanimous vote.

 

OLD BUSINESS

SKATING AT VETERANS MEMORIAL PARKB

First Selectwoman Gorski reported that she has spoken with Scott Sundberg of H. D. Segur Insurance about the liability of allowing skating at Veterans Memorial Park.  Scott has indicated that he will have a specialist in this field come to the Board of Selectmen’s meeting of June 9, 2014 to discuss this matter with the Selectmen in detail.  All Selectmen agreed with this if Andre Sofair was also available to attend.

 

MERS COMMENCEMENT DATE FOR UNION GRIEVANCE SETTLEMENT

Union members of the Town of Bethany Highway Department had brought a grievance to the AFSCME Union regarding the commencement date of July 1, 2005 rather than the date the MERS had accepted them of July 1, 2007.  The union members requested that this date be corrected and the funding for the two years be contributed on their behalf.  Having received this grievance First Selectwoman Gorski then went to the State of Connecticut MERS Board to see if this was possible.  After careful evaluation by the State of Connecticut it was determined that this could be done.  The additional fee needed to be made by the Town of Bethany would be $39,781 to make this contribution retroactive back to July 1, 2005.  The Board of Finance will need to appropriate the funding and final approval will have to be completed at the Annual Town Meeting for the appropriation.

 

INCREASE IN BUILDING FEES/LAND USE APPLICATIONS

First Selectwoman Gorski distributed the final draft of the Planning and Zoning Commission’s fee schedule changes and the Land Use Application fee draft to the Selectmen.  The Board of Finance will also review it at their next meeting.  The changes will then be brought to the Town for acceptance or rejection at the Annual Town Meeting.  If approved they will then be modified for the Code of the Town of Bethany Chapter 129. 

 

 

 

SOLID WASTE

First Selectwoman Gorski reports that the Town of Bethany has been taking solid waste to CRRA in Bridgeport for several years.     First Selectwoman Gorski requested a quote from CoVanta for solid waste disposal for the Town of Bethanyto see if cost could be reduced. Their price would be $63.50 to accept our solid waste.  Wheelabrator has taken over CRRA where the town’s trash has been going.  They will accept solid waste from Bethany for approximately $60 per ton next fiscal year.  Trash Master takes Bethany’s recycling.  At present they are paying the town $20 per ton.  CoVanta would charge the town $5 per ton to accept it at their facility.   First Selectwoman Gorski has the Inter local 20 year Agreement for Wheelabrator.  First Selectwoman Gorski has the electronic copy of the agreement and will forward it to the other Selectmen for their review.

 

MASTER MUNICIPAL AGREEMENT FOR CONSTRUCTION PROJECTS

The Selectmen discussed the Master Municipal Agreement for Construction Projects from the State of Connecticut.  This agreement would make projects involving the DOT move along faster if the town accepts the agreement.  Following discussion Selectmen Shea moved the following resolution:

 

RESOLVED, that the Honorable, Derrylyn Gorski, First Selectwoman, is hereby authorized to sign the Agreement entitled “Master Municipal Agreement for Construction Projects”.

 

Selectwoman Magda seconded the motion.  The vote taken was unanimous.

 

CORRESPONDENCE

Correspondence was given to the Selectmen from Lisa Amadeo, Town Treasurer.  The correspondence was regarding a request that she had made from the Town Counsel.  Attorney McSherry indicated that he would give her an opinion regarding her request.  Attorney McSherry did indicate that Lisa should have followed chain of command and given her request first to the First Selectwoman.  Selectman Shea requested that Lisa’s correspondence be made part of the minutes of this meeting.

 

EXECUTIVE SESSION TO DISCUSS CONTRACTS, PERSONNEL ISSUES OR LAND ACQUISITION

At 8:00 pm  Selectman Shea moved to go into executive session to discuss contracts, personnel issues or land acquisition and to invite Attorney McSherry to stay for this session.  Selectwoman Magda seconded the motion.  The vote taken was unanimous.  At 8:05 pm Selectwoman Magda moved to exit the executive session.  Selectman Shea seconded the motion.  The vote taken was unanimous.

 

ADJOURNMENT

Adjournment was called at 8:07 pm after a motion was moved by Selectman Shea and seconded by Selectwoman Magda.  The vote taken was unanimous.

 

                                                                                                Respectfully submitted,

 

                                                                                                June G. Riley

                                                                                                Secretary, Board of Selectmen

 

 

 

 

 

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION SPECIAL MEETING/PUBLIC HEARING OF WEDNESDAY, APRIL 16, 2014             Page 1 of 5

                                                                         

The Special Meeting/Public Hearing Continuation of the Bethany Planning and Zoning Commission was called to order at 7:04 p.m. in the Gymnasium 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 and Secretary

            Douglas Goldner, Member

            Michael Sullivan, Member

            Donna Shea, Alternate Member

            Bradford Buchta, Alternate Member

            James Gugliotti, Alternate Member

 

Also present were:

            Isabel Kearns, Zoning Enforcement Officer

            Karen Hubbell, Assistant Zoning Enforcement Officer

            Hiram Peck, Planning Consultant

            Peter Olson, Special Counsel

 

 

PUBLIC HEARING

 

·         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 May 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 May 119, Lot 7) & 21 Meyers Road (Assessor’s Map 119, Lot 4), Bethany, Connecticut -

 

Approximately 60 individuals were in attendance for the public hearing continuation for Applications #2014-006, #2014-007, and #2014-008 submitted by Green Haven Inc. for the property located at 4 and 21 Meyers Road.

 

Chair Brinton reviewed the procedure of how the hearing would be conducted with comments from the Fire Marshal, the applicant’s representatives and then public comments.

 

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

  1. Letter from Thomas Daly of Milone & MacBroom, dated April 2, 2014, Re:  Responses to Davis Nafis letter dated January 16, 2014, in review of the Rocky Corner plans and specifications.
  2. Letter from Thomas Daly of Milone & MacBroom, dated April 2, 2014, Re:  Responses to Quinnipiack Valley Health District, dated January 8, 2014, Site Plan Review, Rocky Corner.
  3. Letter from Chris Smith of Shipman and Goodwin, dated April 3, 2014, Re:  Submitting documents for Commission review:  Draft Deed of Agricultural Conservation Easement and Section 9B:  Housing Opportunity Development District (proposed revisions are underlined).
  4. Letter from Chris Smith of Shipman and Goodwin, dated April 2, 2014, Re:  Responses prepared by Bethany Staff and Special Counsel dated February 4, 2014.
  5. Letter from Chris Smith of Shipman and Goodwin, dated April 2, 2014, Re:  Documents requested:  EHS circular Letter, dated October 1, 2009, from Robert Scully, PE, Supervising Sanitary Engineer, Environmental Engineering Program, DPH; Modified Compliance Plan, March 2014, Revised:  April 2, 2014, with requested revisions on the first page and updated calculations on pages 5-10, inclusive (a single sheet redlined version of the revisions on the first page.; and Court Orders and pleading in Halter Estates Senior Community LLC v. Planning and Zoning Commission of the Town of Bethany:  (a) Memorandum of Decision, dated May 3, 2007; (b) Amended Motion to Reargue and for Clarification, dated June 14, 2007; and Order, dated July 3, 2007.
  6. Letter from Rod White, Fire Marshal, dated April 15, 2014, Re:  Comments on latest review of revised plans, dated April 2, 2014.
  7. Letter from Bethany Volunteer Fire Department, dated April 14, 2014, Re:  Comments on latest review of revised plans, dated April 2, 2014.
  8. Letter from Regional Water Authority, dated April 16, 2014, Re:  Comments on latest review of revised plans, dated April 2, 2014.
  9. Letter from Quinnipiack Valley Health District, dated April 16, 2014, Re:  Comments on latest review of revised plans, dated April 2, 2014.
  10. Letter from Robert Brinton of 68 Knollwood Road, dated April 2, 2014.
  11. Letter from Richard Barnes of 534 Bethmour Road, dated March 20, 2014.

 

Other correspondence received during the public hearing submitted by the applicant:

  1. Three sheets entitled “Rocky Corner Parking Distances”, “Bethany Town Hall Parking Comparison”, and Heritage Cove in Essex, CT Parking Distances”.
  2. Submitted a map entitled, “Agricultural Deed Restriction Areas, Rocky Corner”, dated April, 2014, and stated the highlighted areas would be encumbered by the easement.
  3. Submitted and reviewed letter to Ron Walters of RWA from Milone & MacBroom, dated April 11, 2014, Re:  Rocky Corner, Nitrogen Dilution Analysis, Septic System Design.
  4. Submitted Motion to Reargue dated May 30, 2007, seven pages, Re:  Halter Estates versus PZC septic disposal system.
  5. Submitted 12 photographs of properties in the area and one large aerial photograph of the properties in the area.

 

 

 

 

 

Rod White, Fire Marshal, addressed the Commission stating that the Fire Marshal’s Office and the Bethany Volunteer Fire Department feel the applicant has addressed our needs regarding Fire Safety and will comply with all State and Local requirements.  See letter from Fire Marshal dated April 15, 2014 and see letter from Michael Katzmark, Water Resource Office, BVFD dated April 14, 2014.

 

Next to speak was Attorney Chris Smith who stated that the Commission, Attorney Olson and Mr. Peck has asked for additional information and that we have provided this information and would like to review the changes.

 

To review the changes was Mr. Thomas Daly P.E. of Milone & MacBroom.  Mr. Daly reviewed the following:

  • Revisions made to accommodate the Fire Marshal and BVFD requests.
  • Responded to Earth Excavation Regulation in letter dated April 2, 2014, from Milone & MacBroom.

 

Next to speak was Jim Childress of Centerbrook Architects who reviewed the parking distances from homes to parking spaces.  (Submitted 3 sheets entitled “Rocky Corner Parking Distances”; “Bethany Town Hall Parking Comparison”, and Heritage Cove in Essex, CT Parking Distances”.

 

Attorney Smith spoke again reviewing the following:

  • Working with Conservation Commission and the Land Trust on who will hold the Deed of Agricultural Conservation Easement.
  • Reviewed portions of the draft Deed of Agricultural Conservation Easement.
  • Submitted a map entitled, “Agricultural Deed Restriction Areas, Rocky Corner”, dated April, 2014, and stated the highlighted areas would be encumbered by the easement.
  • Reviewed the proposed verbiage to Section 9B in packet dated April 3, 2014.
  • Reviewed EHS Circular letter dated October 1, 2009, from Robert Scully of the DPH in packet dated April 2, 2014.
  • Submitted and reviewed letter to Ron Walters of RWA from Milone & MacBroom, dated April 11, 2014, Re:  Rocky Corner, Nitrogen Dilution Analysis, Septic System Design.
  • Submitted Motion to Reargue dated May 30, 2007, seven pages, Re:  Halter Estates versus PZC septic disposal system.
  • In regard to letter submitted by Robert Brinton Jr. P.E., of 68 Knollwood Road, Bethany, dated April 2, 2014, Re:  Proposed subsurface sewage treatment and disposal systems for this development, Attorney Smith referred back to the blue packet entitled, “Packet in Support of Applications to the Planning and Zoning Commission Concerning a Proposed Residential Community on Real Properties Known As 4 and 21 Meyers Road, Bethany, Connecticut, dated   February 12, 2014”, letters in Exhibit J.

 

Chair Brinton recessed the public hearing for a brief break at 8:41 p.m.  The hearing commenced at 8:52 p.m.

 

 

 

Chair Brinton then stated that Hiram Peck, Planning Consultant, will read in order the names on the sign-up sheets so that the public can comment.  The following public individuals spoke:

  • Richard Podoloff  of 20 Carrington Road
  • Patricia Stewart of 79 Meyers Road
  • Richard Barnes of 534 Bethmour Road
  • David Forman of 329 Downs Road
  • Anthony Esposito of 79 Meyers Road
  • Joe Barletta of 71 Meyers Road
  • Aileen Magda of 20 Deerfield Lane

 

Next to speak was Dave Nafis, P.E./L.S. of Nafis & Young.  Mr. Nafis stated the applicant addressed his comments from his letter dated January 16, 2014, and addressed the concerns of the Fire Marshal and the Fire Department.

 

Ron Walters, Senior Environmentalist of the Regional Water Authority, briefly discussed the following topics:

  • State policy for septic systems.
  • Applicant was willing to adjust the location of the septic systems and do testing the RWA asked to confirm there will be no impact to the water supply.
  • Well system for Green Haven.

 

Commission members addressed the applicant’s representatives with questions relating to some of the following areas:

  • There will be 30 dwellings.
  • Responsibility of the fire suppression tank.
  • Water supply to barns and greenhouses.
  • RWA is willing to be holder of conservation easement.
  • Out of the 30 units, 9 will be affordable.
  • Dwellings will be owned and the owner will have an interest in the association.
  • Will condos be allowed to be rented?

 

Peter Olson, Special Counsel, addressed the applicant’s representatives with concerns and requests.  Some of these are as follows:

  • Proposed access on Meyers Road will not be allowed for cars but possibly farm tractors.
  • Do you have an objection to that access having a gate with lock box?
  • Questioned water draw per day for the residential units.
  • Questioned water draw for farming operation.
  • Submit outline for deferred parking.
  • Questioned Lot 1 – no homes on this lot.  Can agricultural portion extend to Lot 1?
  • The PZC needs to pay attention to all transactions with the dwellings for Green Haven.

 

 

 

 

 

 

Hiram Peck, Planning Consultant, briefly touched on the following areas:

  • Berm on north side of property.
  • Land Trust creating a walking path.
  • What surface material would be used for walking path?

 

 

Attorney Smith presented his closing argument and submitted 12 photographs of properties in the area and one large aerial photograph of the properties in the area of Meyers Road and Old Amity Road.

 

 

At 10:12 p.m., it was moved by Goldner and seconded by Sullivan to close the public hearing continuation/special meeting on the subject applications.  Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning Commission

MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR

MEETING OF MONDAY, APRIL 14, 2014                                           Page 1 of 6      

The regular meeting of the Zoning Board of Appeals was called to order at 7:00 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

The following Board Members were present:

            James Seaton, Chairman

            Ruth Beardsley, Member, arrived at 7:06 p.m.

Lisa Gaw, Member

            Walter Briggs, Member

Margaret Foley, Alternate Member, seated as a voting member

Thomas Magda, Alternate Member, seated as a voting member

 

The following Board Member was absent or excused:

            Carol Goldberg, Vice-Chairman

Ryan Shea, Alternate Member

 

Also present was:  Isabel Kearns, Zoning Enforcement Officer

 

 

MINUTES


 

It was moved by Briggs and seconded by Gaw to approve, as submitted, the minutes of the September 9, 2013, Regular Meeting.

Voting for:  Seaton, Gaw, Briggs, Foley, Magda.

Unanimous approval.

 

It was moved by Briggs and seconded by Gaw to approve, as submitted, the minutes of the September 30, 2013, Special Meeting.

Voting for:  Seaton, Gaw, Briggs, Foley, Magda.

Unanimous approval.

 

 

BILL

 

It was moved by Gaw and seconded by Briggs to approve the payment of a bill for $105.00, dated April 14, 2014, from Anne Sohon for recording services for the public hearings (10 Round Hill Road and 35 Timber Lane).

Voting for:  Seaton, Gaw, Briggs, Foley, Magda.

Unanimous approval.

 

 

 

 

 

 

 

PUBLIC HEARING – 10 ROUND HILL ROAD

 

At 7:04 p.m., Chairman Seaton opened the public hearing in regard to the application submitted by William Ciola for property located at 10 Round Hill Road seeking a variance of the Bethany Zoning Regulations Section 5.3.E.  “Minimum lot width” from 200’ to be reduced to 100’ and seeking a variance of Section 3.4 – the lot width reduction to 100’ would allow the building line to be 70’ from road.  Roll call was completed.  Chairman Seaton read the legal notice into the hearing record for the public hearing.

 

Present to speak on behalf of the application was Alan Shepard, P.E. of Nowakowski, O’Bymachow, and Kane, representing the applicant, Mr. William Ciola, who was also present.

 

Mr. Shepard noted the following during his presentation:

  • The owner would like to construct a building for his equipment to come into compliance with the zoning regulations.
  • Reviewed map he submitted (Exhibit 1); 8 1/2” by 11” sheet, with red and blue markings, showing proposed location of building.
  • In discussion with a landscaping business owner regarding using the proposed storage parking area on map (Exhibit 1).
  • Proposed location of building was chosen so that the front of building could be seen from the road.

 

Chairman Seaton noted that the Board received the following items relative to the subject application.  Exhibit identification was assigned as noted:

1)      Exhibit 1 – Submitted by Alan Shepard, a map, 8 1/2” by 11 sheet, with red and blue markings, shows proposed location of building.

 

In discussion, some Board members noted:

  • Proposed septic will be located where proposed storage parking area is.
  • Applicant is working to be in compliance with the Zoning Regulations.
  • If approved, the application to construct the building will go before the Planning and Zoning Commission and the Inland Wetlands Commission.

 

The following Board Members stated for the record that they visited the site or have a familiar background with the property:  Seaton, Briggs, Beardsley, Gaw, Magda, Foley.

 

Isabel Kearns, ZEO, stated the subject property has been in violation for years and that she is happy they are working towards compliance with the Zoning Regulations.

 

Chairman Seaton asked if there were any public members who would like to speak in favor of the application.  There were no comments.

 

Chairman Seaton asked if there were any public members who would like to speak in opposition of the application.  There were no comments.

 

At 7:19 p.m. there being no further discussion, it was moved by Briggs and seconded by Beardsley to close the public hearing on the subject application.  Unanimous approval.

 

 

PUBLIC HEARING – 35 TIMBER LANE

 

At 7:20 p.m., Chairman Seaton opened the public hearing in regard to the application submitted by Octavio and Patricia Goncalves for property located at 35 Timber Lane for a 3.8’ variance of the rear yard setback to allow a 46.2’ rear yard setback for the existing deck and for a 3.7’ variance of the rear yard setback to allow a 46.3’ rear-yard setback to construct inground pool.  Roll call was completed.  Chairman Seaton read the legal notice into the hearing record for the public hearing.

 

Present to speak on behalf of the application was Octavio Goncalves, applicant and owner of record.

 

Mr. Goncalves noted the following during his presentation:

  • The deck was existing when purchased the property.
  • Will not be installing hot tub which is shown on plan.
  • Well exists on west side of property.
  • Septic system exists on northwest side of property.

 

Chairman Seaton noted that the Board received the following items relative to the subject application.  Exhibit identification was assigned as noted:

1)      Exhibit 1 – Town of Bethany GIS photograph of subject property, date printed March 11, 2014.

2)      Exhibit 2 – Letter from Octavio Goncalves, dated April 11, 2014, Re:  Discussion with neighbors pertaining to variances requested for pool and deck, with attached photograph.

3)      Exhibit 3 – Letter from Octavio Goncalves, dated March 10, 2014, Re:  Requesting waiver of topographic survey.

4)      Exhibit 4 – Letter from Octavio Goncalves, dated March 11, 2013, Re:  Property not located within 500 feet of an adjoining municipality.

5)      Exhibit 5 – Submitted by Octavio Goncalves, information sheet regarding Hydrofracturing.

 

Member Beardsley made a disclosure on the public hearing record that she is a friend of the neighbors (Harrison’s) and does not have any conflict.

 

Member Briggs made a disclosure on the public hearing record that he might be an adjoining property owner and does not have any conflict.

 

 

 

 

 

In discussion, some Board members noted:

  • Proposed pool location is for safety concerns with children jumping from deck to pool.
  • Large amount of mature trees on the property.

 

Chairman Seaton asked if there were any public members who would like to speak in favor of the application.  There were no comments.

 

Chairman Seaton asked if there were any public members who would like to speak in opposition of the application.  There were no comments.

 

At 7:38 p.m. there being no further discussion, it was moved by Briggs and seconded by Beardsley to close the public hearing on the subject application.  Unanimous approval.

 

 

DELIBERATION AND DECISION MAKING SESSION

 

10 Round Hill Road

 

Board members further discussed the application and proceeded to deliberate.

 

It was moved by Beardsley and seconded by Gaw that the Zoning Board of Appeals grants the application of William Ciola for the property located at 10 Round Hill Road and shown on Assessor’s Map #114, Lot #17-1 for a variance of the Bethany Zoning Regulations Section 5.3.E. “Minimum lot width” from 200’ to be reduced to 100’ and seeking a variance of Section 3.4 – the lot width reduction to 100’ would allow the building line to be 70’ from road. 

 

This variance is granted subject to the following conditions:

  1. The variance shall not be effective until a copy of it, certified by the Chairman or the Secretary of the Board, and containing a legal description of the subject property, and specifying the nature of the variance is filed with the Bethany Town Clerk for recording on the Bethany Land Records by the applicant or owner. 

 

Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings:

1)      Special conditions and circumstances exist which are unique to the subject property and which do not affect generally the district to which it is situated.  These conditions and circumstances is that the property has an unusual lot shape and there are wetlands on the property.

2)      Granting the variance will not confer upon the applicant or the property owner any special privilege that is denied by the Bethany Zoning Regulations to other land in the same district.

 

 

3)      The reasons set forth in the application justify the granting of the variance so as to make possible the reasonable use of the land.

4)      Literal enforcement of the Bethany Zoning Regulations would result in exceptional difficulty or unusual hardship in that the owner would not be able to build the proposed building because of the wetlands and the shape of the lot and the constructing of the building will make the owner more in conformity with the Zoning Regulations then he currently is.

5)      The variance will be in harmony with the general purpose and intent of these Regulations in that it will bring the property owner within the Zoning Regulations which currently he is not in accordance with.

Unanimous approval.

 

 

35 Timber Lane

 

Board members further discussed the application and proceeded to deliberate.

 

It was moved by Briggs and seconded by Magda that the Zoning Board of Appeals grants the application of Octavio and Patricia Goncalves for the property located at 35 Timber Lane and shown on Assessor’s Map #117, Lot #19-1 for a variance of Sections 3.4 and 4.1.C. of the Bethany Zoning Regulations which variance is as follows:

  • A 3.8’ variance of the rear yard setback to allow a 46.2’ rear yard setback for the existing deck and for a 3.7’ variance of the rear yard setback to allow a 46.3’   rear-yard setback to construct inground pool.

 

This variance is granted subject to the following conditions:

1.      The variance shall not be effective until a copy of it, certified by the Chairman or the Secretary of the Board, and containing a legal description of the subject property, and specifying the nature of the variance is filed with the Bethany Town Clerk for recording on the Bethany Land Records by the applicant or owner. 

 

Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings:

1)      Special conditions and circumstances exist which are unique to the subject property and which do not affect generally the district to which it is situated.  These conditions and circumstances are as follows:

a)      On the east side of the property there is an existing well which might require hydrofracturing.

b)      There are existing mature trees in that area also.

c)      Existing leaching fields are on the north side of the property and the proposed leaching fields are on the south side of the property.

 

 

 

2)      A strict and literal interpretation of the Zoning Regulations would deprive the property owner of rights commonly enjoyed by other properties in the same district.

3)      These special conditions and circumstances do not result from the actions of the applicant or the property owner.

4)      Granting the variance will not confer upon the applicant or the property owner any special privilege that is denied by the Bethany Zoning Regulations to other land in the same district.

5)      The reasons set forth in the application justify the granting of the variance so as to make possible the reasonable use of the land.

Unanimous approval.

 


 

 

ADJOURNMENT


 

There being no further business to come before the Commission, it was moved by Briggs       and seconded by Gaw to adjourn the regular meeting at 8:25 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For the Zoning Board of Appeals

 

 

 

Monday, April 14, 2014


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, APRIL 2, 2014                                                  Page 1 of 14
 
 
The regular meeting of the Planning and Zoning Commission was called to order at 7:07 p.m. in the Gymnasium 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, who was seated as a Voting Member.

 

The following Commission Members were absent:

            Salvatore Amadeo, Vice-Chairman

            James Gugliotti, Alternate Member

 

Also present were:

            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 February 26, 2014, Special Meeting/Public Hearing.

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

      Unanimous approval.

 

2.      It was moved by Calhoun and seconded by Goldner to approve, as submitted, the minutes of the March 5, 2014, Regular Meeting.

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

      Unanimous approval.

 

3.      It was moved by Buchta and seconded by Sullivan to approve, as submitted, the minutes of the March 15, 2014, Special Meeting/Site Visit/Public Hearing Continuation.

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

      Unanimous approval.

 

 

BILLS

 

1.      It was moved by Calhoun and seconded by Buchta to approve the payment of $90.00 for membership dues through March 31, 2015, to the Connecticut Federation of Planning and Zoning Agencies.

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

      Unanimous approval.

 

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

      Voting for:  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 April 2, 2014, (4 Peck Road,       755 Amity Road, 112 Old Amity Road) by John McLeod.

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

      Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Submitted by James and Brian Sakonchick, “Affordability Plan for 4 Peck Road “Hotchkiss” “Set Aside” Development Under Conn. Gen. Stat. 8-30g”, dated December 23, 2013, revised to March 23, 2014.

2.      Letter from Nafis & Young Engineering, dated April 1, 2014, Re:  Review of proposed site plans revised to date December 23, 2013, for 4 Peck Road, Application #2014-002.

3.      Letter from James Sakonchick, dated March 28, 2014, Re:  Response to the memo from Attorney Peter Olson, dated March 5, 2014.

4.      Letter from SCC Regional Water Authority, dated March 5, 2014, Re:  Review comments on 755 Amity Road, Community Center.

5.      Letter from David Ballerini, Post Commander of Beletsky-Hoppe VFW Post 2448, dated March 25, 2014, Re:  Comments on proposed Bethany Airport Hangar Project.

6.      Letter from Stephen Whitaker of Ames and Whitaker, dated March 28, 2014, Re:  Proposal for New Community Center, 719 Amity Road.

7.      Letter from Kathleen Barone of 731 Amity Road, dated March 31, 2014, Re:  Comments on proposed Airport Restoration Project.

8.      Memo from Robert Brinton, Jr., Chairman, Ordinance Review & Charter Study Committee dated February 28, 2014, Re:  Review of  Bethany Town Ordinances.

9.      Letter from Isabel Kearns, ZEO, to Donna Lagaipa owner of 45 Falls Road, dated March 14, 2014, Re:  Violation case closed for 45 Falls Road, unregistered vehicles.

10.  Letter from Isabel Kearns, ZEO, to Elizabeth Gorman of 169 Schaffer Road, dated March 14, 2014, Re:  Third Notice of Violation for 169 Schaffer Road, unregistered vehicles.

11.  Copy of letter from Thelma Lumpkin of 73 Sperry Road, to CL&P dated March 29, 2014, Re:  Trim treeing on Sperry Road, a scenic road.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION - Tabled.

 

 

 

 

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   7:19 p.m., Chair Brinton read the call for the public hearing.

 

Chair Brinton introduced the Commission Members and Staff.

 

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

  1. Submitted by James and Brian Sakonchick, “Affordability Plan for 4 Peck Road “Hotchkiss” “Set Aside” Development Under Conn. Gen. Stat. 8-30g”, dated December 23, 2013, revised to March 23, 2014.
  2. Letter from Nafis & Young Engineering, dated April 1, 2014, Re:  Review of proposed site plans revised to date December 23, 2013, for 4 Peck Road, Application #2014-002.
  3. Letter from James Sakonchick, dated March 28, 2014, Re:  Response to the memo from Attorney Peter Olson, dated March 5, 2014.
  4. Responses by applicant, James Sakonchick in capitals added to Nafis and Young letter, dated April 1, 2014.
  5. Letter from Rob White, Fire Marshal, dated April 2, 2014, Re:  Comments on review of Application #2014-002, 4 Peck Road.
  6. Email from Dave Nafis, dated April 2, 2014, Re:  Response to questions from letter dated April 1, 2014.

 

Chair Brinton referenced correspondence received from the March 5, 2014 public hearing as follows:

  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.

 

James Sakonchick, owner of 4 Peck Road and the applicant, introduced himself and his son, Ryan Sakonchick.

 

Some of the areas Mr. Sakonchick reviewed are as follows:

o   The existing house has been remodeled by his son.

o   Reviewed the location of the property to Town Hall.

o   Sited Pages 26 and 27 from the 2010 Plan of Conservation and Development (see highlighted chart that was submitted for hearing record).

o   Reviewed the site plan entitled, “Proposed Site Plan Map for Hotchkiss Set-Aside Development” dated June 10, 2012, revised to February 18, 2014, prepared by Kratzert, Jones & Associates, Inc.

o   Reviewed the need for affordable housing.

o   Stated the proposal meets all Quinnipiack Valley Health District requirements.

o   State the proposal was reviewed by Regional Water Authority in a letter dated   March 5, 2014.

o   Responded to Hiram Peck, Planning Consultant, comments in letter dated March 2, 2014.

o   Responded to Special Counsel Peter Olson letter dated March 5, 2014.

o   Reviewed 8-30g Set Aside Development

o   Responded to Nafis and Young Engineering letter dated April 1, 2014.

 

During Mr. Sakonchick’s presentation he submitted the following:

  • Letter dated March 28, 2014, Re:  Response to memo from Peter Olson, dated March 5, 2014.
  • Three pages from Connecticut Department of Transportation, Guidelines for Highway Design, January 1990, with notes from James Sakonchick.
  • Set of architectural maps prepared by Kratzert, Jones & Assoc. Inc., entitled as follows:

1.      “Residence, 4 Peck Road, Bethany, CT, Proposed Building Elevations”, dated July 14, 2012, Drawing A1.1.

2.      “Residence, 4 Peck Road, Bethany, CT, Proposed Building Elevations”, dated July 14, 2012, Drawing A1.2.

3.      “Residence, 4 Peck Road, Bethany, CT, Proposed Foundation & Main Floor Framing Plan”, dated July 14, 2012, Drawing A2.1.

4.      “Residence, 4 Peck Road, Bethany, CT, Proposed Main Floor Plan”, dated      July 14, 2012, Drawing A2.2.

5.      “Residence, 4 Peck Road, Bethany, CT, Proposed Second Floor Framing Plan”, dated July 14, 2012, Drawing A2.3.

6.      “Residence, 4 Peck Road, Bethany, CT, Proposed Second Floor Plan”, dated    July 14, 2012, Drawing A2.4.

7.      “Residence, 4 Peck Road, Bethany, CT, Proposed Roof Plan”, dated July 14, 2012, Drawing A2.5.

8.      “Proposed Addition Location Map”, dated June 10, 2012, revised to November 9, 2012, Drawing No. H-1.

9.      “Erosion Control Details”, dated June 10, 2012, revised to August 8, 2012, Drawing No. H-2.

10.  “Subsurface Sewage Disposal System Details for 12” High Standard “Quick4” Chamber installed side-by-side”, with letter dated November 16, 2012.

 

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

  • Donna Gentile of 11 Peck Road (submitted 5 page letter that she read)
  • Amy MacNevin of 15 Peck Road (submitted 1 page letter that she read)
  • Jason MacNevin of 15 Peck Road
  • Anthony Esposito of 79 Meyers Road

 

Chair Brinton recessed the public hearing for a brief break at 8:31 p.m.  The hearing commenced at 8:38 p.m.

 

Chair Brinton asked the applicant if he would like to come back at another date and respond to Nafis and Young email dated April 2, 2014, the public comments and to submit a traffic study.  Mr. Sakonchick stated he was ready to respond now.

 

Mr. Sakonchick responded to some of the public comments regarding:

  • The traffic on Peck Road.
  • Proposed doors in back of proposed building.
  • Affordable housing and how people don’t want it in their back yard.

 

Mr. Sakonchick discussed the Nafis and Young email that was submitted today, April 2, 2014.  Mr. Sakonchick stated he responded to the previous memo dated April 1, 2014, and stated that the email submitted today is totally different and feels he is getting unfair treatment and that Nafis and Young was told to rewrite their letter. 

 

Peter Olson, Special Counsel, asked Mr. Sakonchick some questions concerning the following:

  • Are you a professional traffic engineer?
  • Did you perform traffic counts on Peck and Amity Road?
  • Did you prepare any data to backup your responses to the traffic?

 

Mr. Sakonchick responded with comments only and did not have any data to submit for the public hearing record except for the three pages from Connecticut Department of Transportation, Guidelines for Highway Design, January 1990, with notes from James Sakonchick.

 

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.

 

 

 

Mr. Olson stated to Mr. Sakonchick that Nafis and Young has asked for more information and will he be submitting revised plans to comply with their request.  Mr. Sakonchick stated that the Commission has received revised plans to comply with the driveway changes.

 

Commission members addressed the applicant with questions relating to some of the following areas:

  • Proposed affordable housing application with existing dwelling on property.
  • Driveway and compact cars.
  • Requesting unbiased traffic study from applicant.

 

Hiram Peck, Planning Consultant, stated he submitted a letter dated March 2, 2014 to              Mr. Sakonchick with concerns about the affordability aspect and a number of his concerns have not been answered.  Mr. Peck also mentioned that Nafis and Young had more questions that are important regarding the site line issues, which can be dangerous and a difficult location.

 

Attorney Olson made additional comments as follows:

  • This is not an affordable housing application.
  • Applicant submitted a text amendment but also needs a map amendment.
  • The administrator of the affordability plan needs to be qualified and applicant has not provided the information.
  • Have requested the applicant provide revised plans and some documentation on traffic and the applicant is refusing to provide.
  • Have asked applicant to provide extension but Mr. Sakonchick is not willing.
  • Once hearing is closed applicant cannot provide any information.

 

At 9:33 p.m., there being no further comments, it was moved by Goldner and seconded by Sullivan to close the public hearing on the subject application.  Unanimous approval.

 

 

·         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 9:35 p.m., Chair Brinton read the call for the public hearing.

 

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

  1. Letter from SCC Regional Water Authority, dated March 5, 2014, Re:  Review comments on 755 Amity Road, Community Center.
  2. Letter from David Ballerini, Post Commander of Beletsky-Hoppe VFW Post 2448, dated March 25, 2014, Re:  Comments on proposed Bethany Airport Hangar Project.
  3. Letter from Stephen Whitaker of Ames and Whitaker, dated March 28, 2014, Re:  Proposal for New Community Center, 719 Amity Road.
  4. Letter from Kathleen Barone of 731 Amity Road, dated March 31, 2014, Re:  Comments on proposed Airport Restoration Project.
  5. Letter from Bethany Athletic Association President JR Rivellini, submitted April 2, 2014, Re:  Proposal for Bethany Airport Hangar Restoration Project.
  6. Letter from Hiram Peck, Planning Consultant, dated March 21, 2014, revised to April 2, 2014, Re:  Review comments on site plan for property located at 755 Amity Road.

 

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:

  • The project will be three phases:
    1. Demolish of airport hangar.
    2. Construction of open air structure.
    3. Completion with well and septic.
  • This application is for Phase 2 only.
  • In 2008, a Section 8-24 Review was approved by the Planning and Zoning Commission for the proposed community center.

 

Chair Brinton mentioned the following concerns:

  • Is there a traffic study?
  • Why is the parking in the front and not in the back of the proposed building.  When the Commission discussed a Village District on that property it was mentioned to have the parking in back.

 

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
  • John Paul Garcia of 190 Fairwood Road
  • Art Slicer of 70 Lacey Road
  • Vincent CoFrancesco of 15 Dayton Road
  • Anthony Esposito of 79 Meyers Road
  • Janet Brunwin of 333 Downs Road

 

At 10:45 p.m., it was moved by Goldner and seconded by Sullivan to close the public hearing on the subject application.  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 10:46 p.m., Chair Brinton called to order the public on the subject application. 

 

The applicant, Warren Allen, submitted an email, dated April 2, 2014, requesting an extension of 30 days to continue the public hearing.  It was moved by Calhoun and seconded by Goldner to continue the public hearing to the next regular meeting scheduled for Wednesday, May 7, 2014, at 7:15 p.m. in the Commission Meeting Room.  Unanimous approval.

 

At 10:48 p.m., Chair Brinton recessed the hearing.

 

 NEW BUSINESS

 

1.      123 Amity Road (upper unit), Application #2014-014 submitted by John Cowell for a Change of Use to plumbing shop storage/office

 

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 

 

Chair Brinton reviewed the application file.  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 #2014-014:

 

Whereas, John Cowell applied on April 2, 2014, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate a plumbing business located at 123 Amity Road;

 

Whereas, Earl Sickinger, owner of 117-127 Amity Road, authorized John Cowell to apply to the Commission for the Change of Use Permit to operate a plumbing business located at         123 Amity Road in an e-mail dated March 12, 2014;

 

Whereas, the Commission, at its regular meeting of April 2, 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 plumbing business located at 123 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)                  Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on March 6, 2014 indicating her approval.

2)                  At a regular Planning and Zoning Commission Meeting on September 7, 1988, the Commission approved an application for a business center permit, which is required when three or more businesses are located on the same property.

3)                  Rod White, Fire Marshal, signed off on the back on the application form on       March 18, 2014, indicating his approval.

 

 

 

 

 

 

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 Permit to operate a plumbing business at 123 Amity Road (Application #2014-014), as presented in the application, statement of use, testimony and with the following conditions:

1)                  A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.

2)                  The Fire Marshal must sign off prior to a certificate of occupancy.

3)                  There shall be no outside storage associated with the business. 

Vote:  5 to 0.

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

Unanimous approval.

 

2.      579 Bethmour Road, Application #2014-015 submitted by Robert White Jr. for a Home Occupation to operate architectural office and sign  -

 

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

 

Isabel Kearns, ZEO, stated the applicant has received all the required signoffs. 

 

Chair Brinton reviewed the application file.  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 #2014-015:

 

Whereas, Robert White, Jr. applied to the Planning and Zoning Commission on April 2, 2014, for a Professional Architectural Office Permit located at 579 Bethmour Road as well as a 2-foot by 2-foot sign that will be attached to the outbuilding near road;

                                                                                                                   

Whereas, the Commission at its regular meeting of April 2, 2014, considered the statement of use, narrative, testimony and other pertinent application information relating to this professional office 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 March 12, 2014 indicating her approval.
  2.  Rod White, Fire Marshal, signed off on the back of the application form on March 18, 2014, indicating his approval.

 

 

 

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.a. of the Town of Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the application of Robert White, Jr. to operate a Professional  Architectural Office in his home located at  579 Bethmour Road, as outlined in the Statement of Use dated March 12, 2014,  as well as a 2-foot by 2-foot sign that will be attached to the outbuilding near road.

Vote:  5 to 0.

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

Unanimous approval.

 

3.      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

 

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

 

Applicant did not pay application fees.  The Commission did not act on application.

Tabled.

 

 

4.      696 Amity Road, Unit 4A, Application #2014-017 submitted by Jason Abrams for a Change of Use Permit to operate an army surplus store

 

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

 

Isabel Kearns, ZEO, stated the applicant has received all the required signoffs. 

 

Chair Brinton reviewed the application file.  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 #2014-017:

 

Whereas, Jason Abrams applied on April 2, 2014, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate an army surplus store located at 696 Amity Road, Unit 4A;

 

Whereas, the owner of the property, Theresa Laudadio, (in a letter dated March 31, 2014) authorized Jason Abrams to apply for the necessary land-use permits to operate an army surplus store located at 696 Amity Road, Unit 4A;

 

Whereas, the Commission, at its regular meeting of April 2, 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 an army and navy store located at 696 Amity Road,        Unit 4A;

 

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 of the Quinnipiack Valley Health District, signed off on the back of the application form on April 2, 2014;
  2. Rod White, Fire Marshal, signed off on the back of the application form on March 31, 2014, indicating his approval.
  3. Ron Walters of the South Central Connecticut Regional Water Authority submitted a letter dated March 31, 2014, stating that he has no comment.

 

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 Permit to operate an army surplus store located at 696 Amity Road,  Unit 4A (Application #2014-017), as presented in the application, statement of use and testimony 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, Sullivan, Goldner, Buchta.

Unanimous approval.

 

 

It was moved by Sullivan and seconded by Calhoun to add Application #2014-018 to the agenda for this evening’s meeting.

 

5.      696 Amity Road, Unit 9B, submitted by Jerris Moye for a Change of Use Permit to operate a photography studio

 

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

 

Isabel Kearns, ZEO, stated the applicant has received all the required signoffs. 

 

Chair Brinton reviewed the application file.  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 #2014-018:

 

Whereas, Jerris Moye applied on April 2, 2014, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate photography studio located at 696 Amity Road, Unit 9B;

 

Whereas, the owner of the property, Joseph Frouge, (in a letter dated April 2, 2014) authorized Jerris Moye to apply for the necessary land-use permits to operate a photography studio located at 696 Amity Road, Unit 9B;

 

Whereas, the Commission, at its regular meeting of April 2, 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 photography studio located at 696 Amity Road, Unit 9B;

 

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 April 2, 2014, indicating his approval.

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

3.      The Commission received a letter dated April 2, 2014 from Ron Walters of the South Central Connecticut Regional Water Authority stating that he has no comment.

 

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 Permit to operate a photography studio located at 696 Amity Road, Unit 9B (Application #2014-018), as presented in the application, statement of use, 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, Sullivan, Goldner, Buchta.

Unanimous approval.

 

 

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 closed 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)

 

Commission members briefly discussed and proceeded to deliberate.

 

It was moved by Calhoun and seconded by Buchta to approve Application #2014-013 submitted by Ames & Whitaker Architects for a Special Exception for a Site Plan Approval to construct a community center for Phase 2 only as presented in the application, testimony and set of five plans submitted by Ames & Whitaker of Southington Connecticut, entitled, “Bethany Airport Community Center – Phase 2”, submitted March 28, 2014.

Vote: 4 to 1.

Voting for:  Calhoun, Sullivan, Goldner, Buchta.

Opposed:  Brinton.

Approved.

 

 

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, stated that he spoke with applicant’s engineer and they are working on issues of open space with the Conservation Commission.

 

Also, Member Sullivan requested a condition be made that the water tank be installed prior to vertical construction.

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

Hiram Peck, Planning Consultant, stated that he spoke with applicant’s engineer and they are working on issues of open space with the Conservation Commission.

 

Also, Member Sullivan requested a condition be made that the water tank be installed prior to vertical construction.

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 May 7, 2014.

 

 

There being no further business to come before the Commission, it was moved by Calhoun and seconded by Sullivan to adjourn the regular meeting at 11:05 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning Commission