Tuesday, June 16, 2015


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, MAY 6, 2015                                                      Page 1 of 10

The regular meeting of the Planning and Zoning Commission was called to order at 7:05 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

The following Commission Members were present:

            Kimberly McClure Brinton, Chairman

            Michael Sullivan, Vice Chairman

            Michael Calhoun, Member

            Donna Shea, Member

            Bradford Buchta, Alternate Member, seated as a voting member

 

The following Commission Members were absent or excused:

            Douglas Goldner, Member

            James Gugliotti, Alternate Member

            Eric McDonald, 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 the minutes of the April 1, 2015, Regular Meeting, with the following amendments:

·         Page 3, Public Hearing, Second Paragraph – Reads “Chair Brinton stated that Bill Ciola was her former landlord and Chair Brinton feels she will not be impartial acting on the applications.  Also, Member Shea stated she previously worked on the same property and feels she will not be impartial acting on the applications.” Change to “Chair Brinton stated that Bill Ciola was her former landlord and Chair Brinton feels she will be impartial acting on the applications.  Also, Member Shea stated she previously worked on the same property and feels she will be impartial acting on the applications.”

      Voting for:  Brinton, Sullivan, Calhoun, Shea, 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 April 2015, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

2.      It was moved by Sullivan and seconded by Shea to approve the payment of a bill for $90.00, dated March 1, 2015, from the Connecticut Federation of Planning and Zoning Agencies for membership dues through March 31, 2016.

Voting for:  Brinton, Sullivan, Calhoun, Shea, 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 May 6, 2015, (10 Round Hill Road) by Anne Sohon.

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

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Thank you card from the Bethany Community Garden Committee, received April 28, 2015.

2.      Letter from Rod White, Fire Marshal and Michael Katzmark, BVFD Water Source Officer, dated March 31, 2015, Re:  Comments on review of application for 10 Round Hill Road.

3.      Letter from Quinnipiack Valley Health District to Alan Shepard, P.E. of Nowakowski, O’Bymachow & Kane Associates, dated April 13, 2015, Re:  Comments on review of revised plan for proposed septic system at 10 Round Hill Road.

4.      Letter from Nafis & Young, Town Engineer, dated May 5, 2015, Re:  10 Round Hill Road, Review of revised plans, all comments addressed from March 27, 2015 letter

5.      Email from Nancy Scanlon of 242 Bear Hill Road, dated April 17, 2015, Re:  Airport Property.

6.      Letter from Isabel Kearns, ZEO, to Mr. John Ahearn of 560 Carrington Road, dated April 9, 2015, Re:  3rd Notice of Violation for outside storage located at 560 Carrington Road.

7.      Second Notice of Violation from Isabel Kearns, ZEO, to Linda Decesare of 37 Hilltop Road, dated May 6, 2015, Re:  Outbuilding on property without the necessary land-use permits.

8.      Letter from Town of Hamden, dated March 10, 2015, Re:  Proposed Zoning Regulation Amendment, temporary moratorium on the issuance of zoning permits for student housing.

9.      Letter form Town of Woodbridge, dated March 4, 2015, Re:  Proposed amendments to zoning regulations, removal of limitation on gross floor area of a gas station building that can be used to sell convenience items.

 

 

PUBLICATIONS

 

1.      Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2015.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT

 

Isabel Kearns, ZEO, reported on the following:

·         Submitted Building Permits report dated May 6, 2015.

·         33 Old Amity Road – Quinnipiack Valley Health District stated additional test holes completed; engineer working on.

·         Mesa property on Schaffer Road – Inquiry on having an indoor soccer field and outdoor soccer fields on this property.

 

 

 

PUBLIC HEARING

 

·         10 Round Hill Road, Application #2015-001 submitted by William Ciola for a Site Plan Approval for construction of storage building and sign

·         10 Round Hill Road, Application #2015-002 submitted by William Ciola for a Special Exception Permit for Outside Storage

·         10 Round Hill Road, Application #2015-003 submitted by William Ciola for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit

 

At 7:19 p.m., Chair Brinton called the public hearing continuation to order.  All three applications will be heard together.  Roll call was taken.  Chair Brinton read the notice for the public hearing continuation.

 

Present representing the applicant was Al Shepard, P.E., from Nowakowski, O’Bymachow & Kane.  Mr. William Ciola, applicant, was also present.

 

During the course of the public hearing, Chair Brinton noted that the Commission has received the following item relative to the subject application.  Exhibit identification was assigned as noted:

A.    Exhibit 2A – Submitted by Al Shepard of Nowakowski, O’Bymachow & Kane, dated April 8, 2015, Language for 35-foot drainage easement and 20-foot drainage easement.

 

In discussion, Mr. Shepard noted the following:

·         Revised planting species. 

·         Proposed drainage easement added to site plan.

·         Drainage Easement language submitted. (Exhibit 2A)

·         Soils in area compacted for years, good percolation testing, underlying soils sandy.

 

Some items noted by the Commission were:

·         Moving water to a different lot.

·         Concerned of trespass lighting.

·         Concerned with silt running off property down Amity Road.

·         Will add conditions to resolution to cover concerns.

 

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

 

At 7:47 p.m., it was moved by Calhoun and seconded by Sullivan to close the public hearing on the three subject applications.

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

Unanimous approval.

 

 

 

NEW BUSINESS

1.      Discussion with Phil and Leslie Tortora of 5 Chelsea Circle regarding nuisance noise from a neighbor’s rooster

 

Present for this discussion were Phil and Leslie Tortora of 5 Chelsea Circle. 

 

Isabel Kearns, ZEO, stated she spoke on the phone with the owners of record and explained the Town has no regulation to control this noise.

 

During discussion, the Tortora’s noted:

·         Issue with rooster at house diagonal to them (98 Farmview Road) that wakes them up at 5:30 a.m. daily.

·         Cannot sleep in their bedroom due to rooster.

·         Contacted Animal Control and was told they don’t deal with roosters.

·         Contacted an attorney and he stated to contact the Zoning Enforcement Officer.

·         Would like rooster housed in barn.

 

Hiram Peck, Planning Consultant, suggested Isabel Kearns, ZEO, contact Animal Control and contact rooster’s owner to suggest to them the mechanism (no crow rooster collar) that was mentioned by Chair Brinton.

 

2.      12 Pleasant Drive, Application #2015-007 submitted by SFM Storage, LLC for New Commercial Development/Construct Truck Storage Facility -       

 

The Commission formally received the application.  Present to speak on behalf of this application was Al Shepard, P.E., of Nowakowski, O’Bymachow, Kane & Associates.  Chair Brinton reviewed the contents of the application file.

 

Mr. Shepard briefly reviewed the proposed project for a truck storage facility for delivery temperature sensitive plants and some units for rent of business/industrial equipment.

 

The Commission scheduled a public hearing date at the next regular meeting on June 3, 2015, at 7:15 p.m. in the Commission Meeting Room.  Tabled.

     

3.      12 Pleasant Drive, Application #2015-008 submitted by SFM Storage, LLC for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit

 

The Commission formally received the application.  Present to speak on behalf of this application was Al Shepard, P.E., of Nowakowski, O’Bymachow, Kane & Associates.  Chair Brinton reviewed the contents of the application file.

 

Mr. Shepard briefly reviewed the proposed project for a truck storage facility for delivery temperature sensitive plants and some units for rent of business/industrial equipment.

 

The Commission scheduled a public hearing date at the next regular meeting on June 3, 2015, at 7:15 p.m. in the Commission Meeting Room.  Tabled.

4.      117 Amity Road (Graduate Institute), Application #2015-009 submitted by Rhonda Bielik for an Additional Business Use

 

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

 

Isabel Kearns, ZEO, stated Quinnipiack Valley Health District has not approved the application to date.

 

The Commission would like to see on the site plan the square footage of proposed area to be occupied for this application and the parking area.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, June 3, 2015.  Tabled.

 

 

OLD BUSINESS

 

1.      10 Round Hill Road, Application #2015-001 submitted by William Ciola for a Site Plan Approval for construction of storage building and sign

 

Commission members discussed and proceeded to deliberate.  It was moved by Calhoun and seconded by Shea to approve the following resolution for Application #2015-001:

 

Whereas, William Ciola applied on March 4, 2015, to the Bethany Planning and Zoning Commission for Site Plan Approval for a 40-foot by 125-foot storage building, associated site work and 4 square foot sign located at 10 Round Hill Road. (#2015-001); and

 

Whereas, the public hearing for this site development plan, associated site work and a 4 square foot sign was opened April 1, 2015, and was held in conjunction with the public hearings for Application #2015-002 Special Exception for Outside Storage and Application #2015-003 Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit; and

 

Whereas, said public hearings for all of the aforementioned applications concluded on May 6, 2015;

 

Whereas, the Commission conducted a site walk of the property on May 6, 2015;

 

Whereas, the Commission, at their regular meeting also of May 6, 2015, considered the plans, testimony and other pertinent application information relating to Application #2015-001 Site Plan Approval for a 40-foot by 125-foot storage building, associated site work and a 4 square foot sign which was submitted in conjunction with Applications #2015-002 for Special Exception for Outside Storage and 2015-003 for Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit, respectively; and

 

 

 

Whereas, the Commission makes the following findings regarding this application:

1)      Rod White, Fire Marshal, submitted a letter dated March 13, 2015, indicating Michael Katzmark, Bethany Volunteer Fire Department Water Source Officer and himself have reviewed the applications and have no issues at this time.

2)      The Commission received correspondence dated March 27, 2015, from David Nafis, Town Engineer, in which he shared nine (9) concerns that he had.  The Commission received a subsequent letter dated May 5, 2015, in which Mr. Nafis stated all comments have been addressed. 

3)      The Commission received Inland Wetlands Permit #1227 approved November 24, 2014, for a 125-foot by 40-foot storage building and associated site work.

4)      The Commission received a copy of a letter dated August 21, 2014, to Isabel Kearns, ZEO, from Ronald Walters of the South Central Connecticut Regional Water Authority in which he provides best management practices concerning the environment.

5)      The Commission received a final letter from John Laudano, Quinnipiack Valley Health District Representative, dated April 13, 2015, in which he states that this approval is made based on a commercial building being built per the submitted plans.  The building shall have no more than 25 employees and shall be used for the purpose of equipment storage and a single office.  Two previous letters from QVHD were received but were superseded by the April 13, 2015 letter.

6)      The Commission received an e-mail dated March 30, 2015, from Eugene Livshits, South Central Regional Council of Governments, in which he states that the Regional Planning Commission is not required to provide a formal review of the application because it is for a site plan.

 

Now Therefore Be It Resolved, that pursuant to Section 5.2.B. of the Bethany Zoning Regulations, amended to February 27, 2015, the Bethany Planning and Zoning Commission approves this site plan (Application #2015-001) for a 40-foot by 125-foot storage building, associated site work and a 4 square foot sign in accordance with the following submitted plans prepared by Nowakowski, O’Bymachow, Kane, Associates, Shelton, Connecticut:

·         “Overall Site Plan”, dated August 15, 2013, revised to March 31, 2015.

·         “Detailed Site Plan”, dated August 15, 2013, revised to March 31, 2015.

·         “Detail Sheet”, dated August 15, 2013, revised to March 31, 2015.

·         “Plot Plan”, dated August 13, 2013, revised to April 8, 15.

·         “Lighting and Landscaping Plan”, dated August 13, 2014, revised to March 31, 2015.

 

and with the following modifications:

1)      There shall be no trespass lighting resulting from the new site lighting onto other properties.  The second pole light in from Round Hill Road (going south to north) shall be rotated to assure that there is no trespass lighting.

2)      A draft drainage easement must be reviewed and approved by Town Counsel.  Upon approval, the drainage easement document and the site plan map, notating the easement area, must be filed on the land records in Town Clerk’s office.

3)      Hay bales shall be placed around the splash pad which is located in the drainage easement area.

4)      The building shall conform to the architectural renderings provided with the exception of the roof which may be changed to a green metal roof.  However, the shade of green must be approved by the ZEO.

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

Unanimous approval.

 

2.      10 Round Hill Road, Application #2015-002 submitted by William Ciola for a Special Exception Permit for Outside Storage

 

Commission members discussed and proceeded to deliberate.  It was moved by Calhoun and seconded by Shea to approve the following resolution for Application #2015-002:

 

Whereas, William and John Ciola applied on March 4, 2015, to the Bethany Planning and Zoning Commission for Site Plan Approval for a Special Exception Permit for Outside Storage located  at 10 Round Hill Road (#2015-002); and

 

Whereas, the public hearing for this Special Exception for Outside Storage was opened April 1, 2015, and was held in conjunction with the public hearings for Application #2015-001 Site Plan for a 40-foot by 125-foot storage building, associated site work and sign and Application    #2015-003 Special Exception Earth Removal, Excavation, Stockpiling, Filling and Grading Permit; and

 

Whereas, said public hearings for all of the aforementioned applications concluded on May 6, 2015;

 

Whereas, the Commission conducted a site walk of the property on May 6, 2015;

 

Whereas, the Commission, at their regular meeting of May 6, 2015, considered the plans, testimony and other pertinent application information relating to Application #2015-002 for a Special Exception Permit for Outside Storage which was submitted in conjunction with Applications #2015-001 for a Site Plan for a 40-foot by 125-foot storage building and sign and Application #2015-003 for a Special Exception Earth Removal, Excavation, Stockpiling and Grading Permit, respectively; and

 

Whereas, the Commission makes the following findings regarding this application:

1)      Rod White, Fire Marshal, submitted a letter dated March 13, 2015, indicating Michael Katzmark, Bethany Volunteer Fire Department Water Source Officer and himself have reviewed the applications and have no issues at this time.

2)      The Commission received correspondence dated March 27, 2015, from David Nafis, Town Engineer, in which he shared nine (9) concerns that he had.  The Commission received a subsequent letter dated May 5, 2015, in which Mr. Nafis stated all comments have been addressed. 

3)      The Commission received Inland Wetlands Permit #1227 approved November 24, 2014, for a 125-foot by 40-foot storage building and associated site work.

4)      The Commission received a copy of a letter dated August 21, 2014, to Isabel Kearns, ZEO, from Ronald Walters of the South Central Connecticut Regional Water Authority in which he provides best management practices concerning the environment.

5)      The Commission received a final letter from John Laudano, Quinnipiack Valley Health District Representative, dated April 13, 2015, in which he states that this approval is made based on a commercial building being built per the submitted plans.  The building shall have no more than 25 employees and shall be used for the purpose of equipment storage and a single office.  Two previous letters from QVHD were received but were superseded by the April 13, 2015 letter.

6)      The Commission received an e-mail dated March 30, 2015, from Eugene Livshits, South Central Regional Council of Governments, in which he states that the Regional Planning Commission is not required to provide a formal review of the application because it is for a site plan.

 

Now Therefore Be It Resolved, that pursuant to Section 5.3.H. of the Bethany Zoning Regulations, amended to February 27, 2015, the Bethany Planning and Zoning Commission approves this Special Exception Permit for Outside Storage (Application #2015-002)  in accordance with the following submitted plans prepared by Nowakowski, O’Bymachow, Kane, Associates, Shelton, Connecticut:

·         “Overall Site Plan”, dated August 15, 2013, revised to March 31, 2015.

·         “Detailed Site Plan”, dated August 15, 2013, revised to March 31, 2015.

·         “Detail Sheet”, dated August 15, 2013, revised to March 31, 2015.

·         “Plot Plan”, dated August 13, 2013, revised to April 8, 15.

·         “Lighting and Landscaping Plan”, dated August 13, 2014, revised to March 31, 2015.

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

Unanimous approval.

 

3.      10 Round Hill Road, Application #2015-003 submitted by William Ciola for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit

 

Commission members discussed and proceeded to deliberate.  It was moved by Calhoun and seconded by Shea to approve the following resolution for Application #2015-002:

 

Whereas, William and John Ciola applied on March 4, 2015, to the Bethany Planning and Zoning Commission for a Special Exception Earth Removal, Excavation, Stockpiling, Filling and Grading Permit located at 10 Round Hill Road. (#2015-003); and

 

Whereas, the public hearing for this Special Exception Earth Removal, Excavation, Stockpiling, Filling and Grading Permit was opened April 1, 2015, and was held in conjunction with the public hearings for Application #2015-001 Site Plan for a 40-foot by 125-foot storage building, associated site work and sign and  Application #2015-002 Special Exception for Outside Storage; and

 

Whereas, said public hearings for all of the aforementioned applications concluded on May 6, 2015;

 

Whereas, the Commission conducted a site walk of the property on May 6, 2015;

 

Whereas, the Commission, at their regular meeting of May 6, 2015, considered the plans, testimony and other pertinent application information relating to Application #2015-003 for a Special Exception Earth Removal, Excavation, Stockpiling, Filling and Grading Permit which was submitted in conjunction with Applications #2015-001 for Site Plan for a 40-foot by 125-foot storage building, associated site work and sign and Application #2015-002 for a Special Exception Permit for Outside Storage, respectively; and

 

Whereas, the Commission makes the following findings regarding this application:

1)      Rod White, Fire Marshal, submitted a letter dated March 13, 2015, indicating Michael Katzmark, Bethany Volunteer Fire Department Water Source Officer and himself have reviewed the applications and have no issues at this time.

2)      The Commission received correspondence dated March 27, 2015, from David Nafis, Town Engineer, in which he shared nine (9) concerns that he had.  The Commission received a subsequent letter dated May 5, 2015, in which Mr. Nafis stated all comments have been addressed. 

3)      The Commission received Inland Wetlands Permit #1227 approved November 24, 2014, for a 125-foot by 40-foot storage building and associated site work.

4)      The Commission received a copy of a letter dated August 21, 2014, to Isabel Kearns, ZEO, from Ronald Walters of the South Central Connecticut Regional Water Authority in which he provides best management practices concerning the environment.

5)      The Commission received a final letter from John Laudano, Quinnipiack Valley Health District Representative, dated April 13, 2015, in which he states that this approval is made based on a commercial building being built per the submitted plans.  The building shall have no more than 25 employees and shall be used for the purpose of equipment storage and a single office.  Two previous letters from QVHD were received but were superseded by the April 13, 2015 letter.

6)      The Commission received an e-mail dated March 30, 2015, from Eugene Livshits, South Central Regional Council of Governments, in which he states that the Regional Planning Commission is not required to provide a formal review of the application because it is for a site plan.

 

Now Therefore Be It Resolved, that pursuant to Section 8 of the Bethany Zoning Regulations, amended to February 27, 2015, the Bethany Planning and Zoning Commission approves this Special Exception Earth Removal, Excavation, Stockpiling, Filling and Grading Permit (Application #2015-003) based on the following maps:

·         “Overall Site Plan”, dated August 15, 2013, revised to March 31, 2015.

·         “Detailed Site Plan”, dated August 15, 2013, revised to March 31, 2015.

·         “Detail Sheet”, dated August 15, 2013, revised to March 31, 2015.

·         “Plot Plan”, dated August 13, 2013, revised to April 8, 15.

·         “Lighting and Landscaping Plan”, dated August 13, 2014, revised to March 31, 2015.

and with the following modifications:

1)      Hay bales shall be placed around the splash pad in the drainage easement area.

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

Unanimous approval.

 

4.      Discuss future Land Use Plan (possible insertion in Town Plan of Conservation & Development)

 

Hiram Peck, Planning Consultant, proposed to discuss this at the next meeting or to schedule a special meeting to discuss installing future land use plan in Town Plan of Conservation and Development which is a requirement to be in the Town Plan and should be completed.   Commission members discussed briefly and will continue to work on with GIS system.  Discussion will continue at the next regular meeting with copies of the Zoning Map of Bethany.  Tabled.

 

5.      Discussion regarding types of signs

Hiram Peck, Planning Consultant, briefly discussed directional signs, way finding signs, agricultural signs and signs in State right-of-way.  Tabled.

 

6.      Discussion with ZEO regarding Solar PV Model Zoning Ordinance for CT Jurisdiction – This item will be removed from the agenda and discussed when rewriting the Zoning Regulations.

 

7.      Discussion regarding the rewriting of the current Zoning Regulations – This will go to the next Town Meeting in May.  Tabled.

 

8.      50 Hunters Trail (Sun Gold Stables), Discussion regarding second equine business operating from the property

 

Luiza DaSilva submitted a proposed zoning regulation amendment pertaining to Boarding Stables, Indoor Riding Rings and Riding Academies but was not able to pay application fee.

The Commission suggested Ms. DaSilva ask others to chip in to pay application fee and that she is still in violation without this amendment.  Tabled.

 

 

ADJOURNMENT

 

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 9:05 p.m.

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

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning