Monday, September 28, 2015


 

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, SEPTEMBER 2, 2015                Page 1 of 7

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, Chair

            Michael Calhoun, Member

            Donna Shea, Member

            Bradford Buchta, Alternate Member

            Carol Lambiase, Alternate Member, seated as a voting member

            Eric McDonald, Alternate Member, seated as a voting member

 

The following Commission Members were absent:

            Michael Sullivan, Vice-Chairman

            Douglas Goldner, Member

 

Also present were:

             Hiram Peck, Planning Consultant

             Isabel Kearns, Zoning Enforcement Officer  

 

 

APPOINTMENT OF STAFF -  Tabled.

 

 

APPROVAL OF MINUTES

            

1.      It was moved by Shea and seconded by Calhoun to approve the minutes of the August 5, 2015, Regular Meeting, with the following amendments:

·         Page 4, Second Paragraph, First Sentence – Reads “The Commission received a letter from Luiza DaSilva, dated July 13, 2015, regarding a request to waiver the fees for this zoning text amendment application.”   Change to “The Commission received a letter from Luiza DaSilva, dated July 13, 2015, regarding a request to waive the fees for this zoning text amendment application.”

·         Page 4, Second Paragraph, Second Sentence – Reads “The Commission briefly discussed this and it was mentioned that Staff has spent hours on the zoning violation at the applicants property and would like to discuss further.”  Change to “The Commission briefly discussed this and it was mentioned that Staff has spent hours on the zoning violation at the applicant’s property and would like to discuss further.” 

     Voting for:  Brinton, Calhoun, Shea, Lambiase, McDonald.

     Unanimous approval.

 

 

 

 

 

 

 

 

BILLS

 

1.      It was moved by Calhoun and seconded by Lambiase to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for August 2015, by          Hiram W. Peck III, AICP, Planning Consultant.

Voting for:  Brinton, Calhoun, Shea, Lambiase, McDonald.

Unanimous approval.

 

2.      It was moved by Lambiase and seconded by Calhoun to approve the payment of $105.00 for recording services rendered at the public hearing held on September 2, 2015,            (67 Mesa Drive) by Anne Sohon.

Voting were:  Brinton, Calhoun, Shea, Lambiase, McDonald.

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from Isabel Kearns, ZEO, to Anthony Vallillo dated August 6, 2015, Re:           788 Amity Road, email received regarding dogs and hours of operation.

2.      Letter from Isabel Kearns, ZEO, to Mr. & Mrs. William Grieger, dated August 12, 2015, Re:  Notice of Violation, Use Permits from tenants, 429, 437, 443 Fairwood Road.

3.      Letter from Isabel Kearns, ZEO, to Mr. & Mrs. William Grieger, dated August 12, 2015, Re:  Second Notice of Violation, Use Permits from tenants, 63 Sargent Drive.

4.      Letter from Isabel Kearns, ZEO, to Mr. & Mrs. Michael Patel, dated August 14, 2015, Re:  Notice of Violation, Landscaped plantings, 6 Sargent Drive.

5.      Letter from Isabel Kearns, ZEO, to Mr. Christopher Lussier, dated August 24, 2015, Re:  Second Notice of Violation, Junkyards, 286 Falls Road.

6.      Letter from Isabel Kearns, ZEO, to Ms. Sharon Stoyer, dated August 27, 2015, Re:  Matter resolved, unregistered motor vehicles, 108 Miller Road.

7.      Letter from Isabel Kearns, ZEO, to Mr. & Mrs. Roger Kergaravat, dated August 27, 2015, Re:  Matter resolved, storage container, 23 Carriage Drive.

8.      Notification from Prospect Planning and Zoning Commission, dated August 5, 2015, Re:  Proposed amendments to Prospect Zoning Regulations:  Commercial Outdoor Recreational Uses.

 

 

PUBLICATIONS AND WORKSHOPS

 

1.      The Connecticut Landscape Architect, Summer 2015.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT

 

Isabel Kearns, ZEO, reported on the following:       

·         Submitted report on Building Permits dated September 2, 2015.

·         33 Old Amity Road – Owner will be submitting application for construction of building in October.

 

 

 

 

·         63 Sargent Drive and 429, 437 and 443 Fairwood Road – Sent Notice of Violation but Grieger’s have not responded.  Next will issue Cease and Desist.  Received a complaint of someone working on cars late at night at 63 Sargent Drive and approval states no automobile repair.  Hiram Peck, Planning Consultant, recommended asking owners if you can investigate the property and if you don’t hear back then take action.

·         6 Sargent Drive – Working with owner on approved planting plan.

·         286 Falls Road – Property owner has a lot of junk in back.  Neighbor selling their home and would like removed.  Issued a violation notice.

 

 

PUBLIC HEARING

 

·         67 Mesa Drive, Application #2015-015 submitted by Connecticut Basement Finishing for a Special Exception Permit for an Accessory Apartment

 

At 7:20 p.m., Chair Brinton called the public hearing to order.   Roll call was taken.         Chair Brinton read the legal notice for the public hearing.  Chair Brinton reviewed the complete application file.

 

Isabel Kearns, ZEO, stated that on the application and statement of use it lists 2 full bathrooms and a craft room but there will only be 1 full bathroom and no craft room.          Ms. Kearns asked that the applicant amend the application and statement of use.

 

Present for the public hearing was Bill Turner of Connecticut Basement Finishing, applicant.  Mr. Turner amended the application and statement of use and submitted new plans dated September 2, 2015.

 

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 1A – Plans submitted by Bill Turner entitled, “Partial Basement Finishing Project”, dated September 2, 2015, with no revisions prepared by Total Basement Finishing.

 

Also, Ms. Kearns stated that the application meets all the regulation requirements and the applicant has received all department signoffs.

 

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

 

At 7:34 p.m., it was moved by Calhoun and seconded by Shea to close the public hearing on the subject application.

Voting for:  Brinton, Calhoun, Shea, Lambiase, McDonald.

Unanimous approval.

 

 

 

 

NEW BUSINESS

 

1.      Request to waive of fees for Application #2015-013, Luiza DaSilva, Zoning Regulation Amendments  It was moved by Calhoun and seconded by Lambiase to decline the request to waive the application fees for Application #2015-013 submitted by Luiza DaSilva for Zoning Regulation Amendments based on the information submitted by the Town Planner and the Zoning Enforcement Officer.

Voting were:  Brinton, Calhoun, Shea, Lambiase, McDonald.

Unanimous approval.

 

 

OLD BUSINESS

 

1)      67 Mesa Drive, Application #2015-015 submitted by Connecticut Basement Finishing   for a Special Exception Permit for an Accessory Apartment

 

Isabel Kearns, ZEO, prepared a draft resolution for Application #2015-015.  Commission members reviewed and proceeded to deliberate.

 

It was moved by Calhoun and seconded by Lambiase to approve the following resolution for Application #2015-015:

 

Whereas, Connecticut Basement Finishing applied to the Commission on August 5, 2015, for a Special Exception Permit for a 608 square foot accessory apartment (including bath, bedroom, kitchen and family room) to be located within a portion of the basement of the existing home located at property known as 67 Mesa Drive;

 

Whereas, the Planning and Zoning Commission received an e-mail addressed to Isabel Kearns, Zoning Enforcement Officer, dated July 30, 2015,  in which Paul Bukowski, owner of 67 Mesa Drive, authorized Connecticut Basement Finishing  to apply to the Planning and Zoning Commission on their behalf for this accessory apartment;

 

Whereas, the Planning and Zoning Commission opened a public hearing on Application     #2015-015 for a Special Exception Permit for an accessory apartment located at 67 Mesa Drive on September 2, 2015.  Said hearing was closed at the conclusion of testimony that same evening;

 

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

  1. Alexis Rinaldi, Quinnipiack Valley Health District Representative, signed off on the back of the application form on July 28, 2015, indicating her approval of the accessory apartment.
  2. Roderick White, Fire Marshal, signed off on the back of the application form on     August 28, 2015, stating that he has no jurisdiction over single family homes.
  3. The application and Statement of Use dated July 31, 2015, demonstrate that the proposed accessory apartment would contain only 608 square feet of living space, and the Town of Bethany Zoning Regulations allows a maximum of 700 square feet of living space.

 

 

Now Therefore Be It Resolved, that pursuant to Section 4.4.J. of the Bethany Zoning Regulations, amended to February 27, 2015, the Bethany Planning and Zoning Commission approves the application of Connecticut Basement Finishing for a Special Exception Permit for a 608 square foot accessory apartment (Application #2015-015) (including bath, bedroom, kitchen and family room only) as shown on submitted floor plan entitled “Partial Basement Finishing Project”, dated September 2, 2015, with no revisions prepared by Total Basement Finishing and as per the Statement of Use dated July 31, 2015.          

 

And with the following conditions:

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

2)                 A building permit for the accessory apartment must be submitted and approved by the building official prior to any construction.

3)                 Craft room and common entry area are not a part of this accessory apartment.

Voting were:  Brinton, Calhoun, Shea, Lambiase, McDonald.

Unanimous approval.

 

 

2.      Continue discussion with Tony Falcone regarding possible future ideas for creating a cluster zone concept for saving the golf course at Woodhaven Golf Club, 275 Miller Road, Bethany

 

Hiram Peck, Planning Consultant, briefly discussed housing regulation options that would possibly be appropriate for this property.  Tabled until October.

 

 

3.      Application #2015-013 submitted by Luiza DaSilva for a Zoning Regulation Amendment to Section 1.2 and Section 4.4.EPublic hearing scheduled for   October 7, 2015.

 

 

4.      Discuss future Land Use Plan (possible insertion in Town Plan of Conservation & Development)  Hiram Peck, Planning Consultant, will get 11” by 17” copies of maps for Commission Members to work on.  Tabled.

 

 

5.      Discussion regarding types of signs – Will discuss with Town Attorney McSherry at October 7, 2015, regular meeting.  Tabled.

 

 

 

 

 

 

 

 

 

 

 

6.      Discussion regarding the rewriting of the current Zoning Regulations

 

Isabel Kearns, ZEO, submitted copies of bids received to Commission members.  Commission members discussed.  It was moved by Calhoun and seconded by McDonald to recommend to the Board of Selectmen to select Hiram Peck, Planning Consultant, for the project to rewrite the Bethany Zoning Regulations.

Voting were:  Brinton, Calhoun, Shea, Lambiase, McDonald.

Unanimous approval.

 

 

OTHER BUSINESS

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by McDonald and seconded by Lambiase to adjourn the regular meeting at 8:30 p.m.

Voting were:  Brinton, Calhoun, Shea, Lambiase, McDonald.

Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission