Tuesday, June 16, 2015


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JUNE 3, 2015                 Page 1 of 6

The regular meeting of the Planning and Zoning Commission was called to order at 7:07p.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

            Douglas Goldner, Member

            Donna Shea, Member

            Bradford Buchta, Alternate Member

            Eric McDonald, Alternate Member

  

The following Commission Member was absent or excused:

            James Gugliotti, Alternate Member

 

Also present was:

           Hiram Peck, Planning Consultant

 

 

APPROVAL OF MINUTES

            

1.      It was moved by Shea and seconded by Calhoun to approve, as submitted, the minutes of the May 6, 2015, Special Meeting/Site Walk.

Goldner abstained.

Voting for:  Brinton, Sullivan, Calhoun, Shea.

Unanimous approval.

 

2.      It was moved by Calhoun and seconded by Shea to approve, as submitted, the minutes of the May 6, 2015, Regular Meeting.

Goldner abstained.

      Voting for:  Brinton, Sullivan, Calhoun, Shea.

      Unanimous approval.

 

 

BILLS

 

1.      It was moved by Sullivan and seconded by Goldner to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for May 2015, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

2.      It was moved by Shea and seconded by Calhoun  to approve the payment of $105.00 for recording services rendered at the public hearing held on June 3, 2015, (12 Pleasant Drive) by Anne Sohon.

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

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Memo from Isabel Kearns, ZEO, dated January 22, 2015, Re:  Review comments on 12 Pleasant Drive.

2.      Letter from Ron Walters, Regional Water Authority, dated January 30, 2015, Re:  Comments on review of 12 Pleasant Drive.

3.      Letter from Quinnipiack Valley Health District, dated May 29, 2015, Re:  Comments on review of Applications #2015-007 and #2015-008 for 12 Pleasant Drive.

4.      Letter from Nafis & Young, dated June 1, 2015, Re:  Comments on review of plans for       12 Pleasant Drive.

5.      Copy of Chronology of Events from Isabel Kearns, ZEO, Re:  135 Pole Hill Road.

6.      Letter from Quinnipiack Valley Health District, dated June 1, 2015, Re:  Comments on review of Application #2015-009 for 171 Amity Road, proposed child care center.

7.      Letter from Isabel Kearns, ZEO, to Luiza DaSilva of 50 Hunters Trail, dated May 12, 2015, Re:  Notice of Violation of Section 4.4.E. of the Zoning Regulations at 50 Hunters Trail.

8.      Letter from Phil and Leslie Tortora of 5 Chelsea Circle, dated May 12, 2015, Re:  Complaint regarding neighbor’s rooster and hens.

9.      Letter from Isabel Kearns, ZEO, to Ionel Bodea of 5 Briar Road, dated May 11, 2015, Re:  Notice of Violation for construction of some outbuildings without land-use permits at 5 Briar Road.

10.  Letter from Isabel Kearns, ZEO, to Charles Willoughby of 466 Carrington Road, dated    May 14, 2015, Re:  Notice of Violation for shed without land-use permit located at            466 Carrington Road.

11.  Letter from Isabel Kearns, ZEO, to Andrew Hitchcock of 28 Woodcutters Drive, dated      May 18, 2015, Re:  Cease and Desist Order dated December 1, 2014, for construction of shed without zoning permit located at 28 Woodcutters Drive.

12.  Letter from Isabel Kearns, ZEO, to Linda Decesare of 37 Hilltop Road, dated June 1, 2015, Re:  Notice of Violation for construction of outbuilding without land-use permit located at  37 Hilltop Road.

13.  Letter from Prospect Planning and Zoning Commission to Bethany Town Clerk, dated      May 21, 2015, Re:  Prospect proposed zoning amendment to add to Uses by District – “Business Office as a permitted use”.

 

ZONING ENFORCEMENT OFFICER’S REPORT

 

ZEO not present but submitted the following for the meeting:

·         Building Permit Report, dated June 1, 2015.

·         Report on 742 Amity Road, 190-192 Schaffer Road, 5 Briar Road.

 

PUBLIC HEARING

 

·         12 Pleasant Drive, Application #2015-007 submitted by SFM Storage, LLC/Jason Cogle for an approval for new Commercial Development/construct truck storage facility

·         12 Pleasant Drive, Application #2015-008 submitted by SFM Storage, LLC/Jason Cogle for a Special Exception Earth Removal, Excavation, Filling, Stockpiling & Grading Permit

 

At 7:45 p.m., Chair Brinton called the public hearing to order.  The two applications will be heard together.  Roll call was taken.  Chair Brinton read the legal notice for the public hearing.

Chair Brinton proceeded to review the contents of the application files.

 

Chair Brinton reviewed the following correspondence that was submitted:

·         Memo from Isabel Kearns, ZEO, dated January 22, 2015, Re:  Review comments on     12 Pleasant Drive.

·         Letter from Ron Walters, Regional Water Authority, dated January 30, 2015, Re:  Comments on review of 12 Pleasant Drive.

·         Letter from Quinnipiack Valley Health District, dated May 29, 2015, Re:  Comments on review of Applications #2015-007 and #2015-008 for 12 Pleasant Drive.

·         Letter from Nafis & Young, dated June 1, 2015, Re:  Comments on review of plans for       12 Pleasant Drive.

 

Present to speak on behalf of the applications was Mr. Jason Cogle, applicant.

 

In discussion, Mr. Cogle noted the following:

·         In business since 2006 and cares for plants delivered to Home Depot (outside and inside plants/temperature controlled). 

·         One box truck looking to buy more.

·         Will rent other section of building for storage only.

·         My end will be temperature controlled for plants.

 

Some items noted by the Commission were:

·         Will not be doing any maintenance on out of state vehicles at this location; just personal vehicles.  Truck maintenance will be offsite. 

·         Truck leaves approximately 6 a.m. or 7 a.m.  and back approximately between 12 p.m. and 2 p.m.  Per day, one trip per truck.

 

The Commission scheduled a site visit for Thursday, June 11, 2015, at 7:30 p.m.  Commission members to meet at the site located at 12 Pleasant Drive.  The Commission asked Mr. Cogle to have the proposed building staked out prior to the site walk.

 

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 8:10 p.m., it was moved by Goldner and seconded by Sullivan to recess and continue the public hearing on the two subject applications to the next regular meeting scheduled for Wednesday, July 1, 2015.

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

Unanimous approval.

 

 

NEW BUSINESS

 

1.      135 Pole Hill Road, Application #2015-010 submitted by Jeremy Shulick for a sign for an approved home occupation of farming and poultry raising -

 

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

 

Chair Brinton stated the applicant was selling eggs and produce and someone complained.

 

Commission members discussed and reviewed draft resolution and proceeded to deliberate. 

It was moved by Sullivan and seconded by Calhoun to accept and approve the following resolution for Application #2015-010:

 

Whereas, in an e-mail dated June 1, 2015, Stephanie Fallon, owner of 135 Pole Hill Road, authorized Jeremy Shulick to obtain approval for a sign permit for the sale of produce and eggs;

 

Whereas, Jeremy Shulick applied to the Planning  and Zoning Commission on June 3, 2015, for a freestanding four (4) square foot sign to advertise for selling of produce and eggs located at 135 Pole Hill Road;

 

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

1)      Application #2013-027 was approved by the Planning and Zoning Commission on November 6, 2013.  This permit was for the farming of crops and raising chickens.  Discussion during the meeting included a small roadside stand;

2)      Rod White, Fire Marshal, signed off on the back of the application form on May 25, 2015, indicating his approval.

3)      Section 7.2.F. of the Zoning Regulations allows a non-illuminated sign, not to exceed      four (4) square feet, when connected with a home occupation;

 

At the regular meeting, also held on June 3, 2015, the Planning and Zoning Commission approves Application #2015-010 for a 4 square foot sign for the selling of produce and eggs located at 135 Pole Hill Road, per Section 7.2.F. of the Zoning Regulations amended to  February 27, 2015.

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

Unanimous approval.

 

OLD BUSINESS

 

1.      12 Pleasant Drive, Application #2015-007 submitted by SFM Storage, LLC for New Commercial Development/Construct Truck Storage Facility – Hearing continued to     July 1, 2015.  Tabled.    

     

2.      12 Pleasant Drive, Application #2015-008 submitted by SFM Storage, LLC for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit  Hearing continued to July 1, 2015.  Tabled.

 

3.      117 Amity Road (Graduate Institute), Application #2015-009 submitted by Rhonda Bielik for an Additional Business Use

 

Present to speak on behalf of this application was Rhonda Bielik, applicant.

 

In discussion, Mrs. Bielik noted:

·         Looking to lease space for Montessori Preschool.

·         Received letter from Quinnipiack Valley Health District, dated June 1, 2015, with recommendations for approval only. 

·         Have timeline to meet with State of Connecticut by July 1, 2015, to move forward but have issue with septic system.

·         Meeting scheduled with QVHD and President of Graduate Institute on June 4, 2015.

 

In discussion, Commission members noted:

·         If QVHD approves, the Commission will hold a Special Meeting on Thursday, June 11, 2015, at 8:00 p.m.

·         Fire Marshal requested new stamped plan and necessary code data on May 27, 2015.

Tabled.

 

 

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

 

Hiram Peck, Planning Consultant, had sets of maps copied at Northeast GEO, which are outdated.  Some maps included were Land Use, Slope, Scenic Views, Historic Sites, Surveyed Wetlands, Soils, Trails and Zoning.

 

In discussion, some items noted were:

·         Have a joint meeting with Conservation Commission.

·         Have maps reviewed and marked up by different Commissions and then updated.

·         Will wait for ZEO to discuss who should review maps.

Tabled.

 

 

 

5.      Discussion regarding types of signsTabled.

 

 

6.      Discussion regarding the rewriting of the current Zoning RegulationsTabled.

 

 

7.      50 Hunters Trail (Sun Gold Stables), Discussion regarding second equine business operating from the property

 

Commission received a Notice of Violation letter from Isabel Kearns, ZEO, to Luiza DaSilva of 50 Hunters Trail, dated May 12, 2015, Re:  Violation of Section 4.4.E. of the Zoning Regulations (Shannon Equine).  Commission members briefly discussed and stated property owner still in violation.

 

It was moved by Sullivan and seconded by Shea to send a letter of violation to Luiza DaSilva, owner of record for 50 Hunters Trail, that she is clearly in violation and needs to come up with a solution or a regulation change and this needs to be addressed as soon as possible.

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

Unanimous approval.

 

Hiram Peck, Planning Consultant will speak to the Zoning Enforcement Officer in regard to date this shall be rectified by.  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 9:13 p.m.

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

Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning