MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, OCTOBER 7,
2015 Page 1 of 10
The following Commission Members
were present:
Kimberly McClure Brinton, Chair
Michael Sullivan, Vice-Chairman, Acting
as Chair
Douglas Goldner, Member
Donna Shea, Member
Bradford Buchta, Alternate Member,
seated as a voting member
Carol Lambiase, Alternate Member
Eric
McDonald, Alternate Member
The following
Commission Member was absent:
Michael Calhoun, Member
Also present were:
Kevin
McSherry, Town Attorney
Hiram
Peck, Planning Consultant
Isabel
Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
Unanimous approval.
BILLS
1.
It was moved by Sullivan and seconded by Brinton to
approve the payment of $1,200.00 (monthly pro rata basis), for services
rendered for September 2015, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Sullivan, Brinton, Goldner, Shea, Buchta.
Unanimous approval.
2.
It was moved by Sullivan and seconded by Shea to
approve the payment of $105.00 for recording services rendered at the public
hearing held on October 7, 2015, by Anne Sohon.
Voting
for: Sullivan, Brinton, Goldner, Shea,
Buchta.
Unanimous approval.
GENERAL CORRESPONDENCE
1.
Letter from Ronald Walters of the South Central
Connecticut Regional Water Authority, dated August 27, 2015, Re: Comments on review of application for
proposed zoning amendments.
2.
Letter from Naugatuck Valley Council of Governments,
dated September 2, 2015, Re: Comments on review of application for
proposed zoning amendments.
3.
Letter from South Central Connecticut Regional Planning
Commission, dated September 14, 2015,
Re: Comments on review of application
for proposed zoning amendments.
4.
Letter from Isabel Kearns, ZEO, to Luiza Ruest of 50
Hunters Trail, dated September 3, 2015, Re:
Waiver of application fee for zoning regulation amendment.
5.
Memo from Town Attorney Kevin McSherry, dated October
6, 2015, Re: United States Supreme Court
Sign Case, Reed v Town of Gilbert.
6.
Letter from Isabel Kearns, ZEO, to David Puzone, dated
September 3, 2015, Re: Notice of
Violation for accessory structures without permits located at 33 Deerfield
Lane.
7.
Letter from Isabel Kearns, ZEO, to Mr. & Mrs.
Michael Patel, dated September 4, 2015, Re:
Second Notice of Violation, Landscaped plantings, 6 Sargent Drive.
8.
Letter from Isabel Kearns, ZEO, to Mr. & Mrs.
William Grieger, dated September 23, 2015, Re:
Notice of Violation, Use Permits from tenants, 429, 437, 443 Fairwood
Road.
9.
Letter from Isabel Kearns, ZEO, to Mr. & Mrs.
William Grieger, dated September 23, 2015, Re:
Notice of Violation, Use Permits from tenants, 63 Sargent Drive.
10. Letter
from Isabel Kearns, ZEO, to Mr. Christopher Lussier, dated October 2, 2015, Re: Final
Notice of Violation, Junkyards, 286 Falls Road.
11. Letter
from Isabel Kearns, ZEO, to David Puzone, dated October 2, 2015, Re: Second Notice of Violation for accessory
structures without permits located at 33 Deerfield Lane.
12. Notification
from Hamden Planning and Zoning Commission, dated August 20, 2015, Re: Proposed amendments to Hamden Zoning
Regulations.
PUBLICATIONS AND WORKSHOPS
1. The Land Use Academy Advanced Training
Session on October 24, 2015, Haddam, Connecticut.
ZONING ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, ZEO, reported on the following:
·
63
Sargent Drive and 429, 437 and 443 Fairwood Road – The Griegers’ have not responded to any
mailings and have now turned violation over to Town Attorney.
·
33
Old Amity Road – Owner will
be submitting application for November Meeting.
·
6
Sargent Drive - Meet with
Tree Warden Ray Pantalone on plantings and will work with owner for compliance.
At 7:15 p.m., Acting-Chair Sullivan called the public
hearing to order. Roll call was
taken. Acting Chair Sullivan read
the legal notice for the public hearing.
Acting-Chair Sullivan reviewed the complete application file.
During the course of the public
hearing, Acting-Chair Sullivan noted that the Commission has received the
following items relative to the subject application. Exhibit identification was assigned as noted:
A. Exhibit 1A – Letter from Ronald
Walters of the South Central Connecticut Regional Water Authority, dated August
27, 2015, Re: Comments on review of
application for proposed zoning amendments.
B. Exhibit 1B – Letter from
Naugatuck Valley Council of Governments, dated September 2, 2015, Re: Comments on review of application for
proposed zoning amendments.
C. Exhibit 1C – Letter from South
Central Connecticut Regional Planning Commission, dated September 14, 2015,
Re: Comments on review of application
for proposed zoning amendments.
D. Exhibit 1D – Letter from Isabel
Kearns, ZEO, to Luiza Ruest of 50 Hunters Trail, dated September 3, 2015,
Re: Waiver of application fee for zoning
regulation amendment.
Present for the public hearing was
Luiza DaSilva, applicant and property owner of 50 Hunters Trail – Sun Gold
Stables, and Bob Skrip of Prospect, partner of Sun Gold Stables.
Mr. Skrip noted during discussion:
·
Trainer works at our facility and would like to
amend regulations to allow this use.
·
Not adding any more stalls.
Hiram Peck, Planning Consultant,
stated the reason for this proposed zoning amendment is due to a second
business at the same location. Mr. Peck
suggested in the proposed amendment to Section 4.4.E. to add “as a second
business” in the first sentence after “Boarding stables, indoor riding rings
and riding academies as an accessory use” to address the issue with the two
businesses at the same location.
Acting-Chair Sullivan asked if
anyone from the public would like to speak in favor of the application or
against the application. There were no
comments.
At 7:25 p.m., it was moved by Buchta
and seconded by Goldner to close the public hearing on the subject application.
Voting for: Sullivan,
Brinton, Goldner, Shea, Buchta.
Unanimous approval.
Member and Chair Kim Brinton recused herself from the
Commission.
The Commission formally received the application. Present to speak on behalf of the application
was Kim McClure Brinton, applicant and owner of record.
Mrs. Brinton briefly reviewed the proposed project and noted
during discussion:
·
The crate room had ice dam and rotted subfloor
and would like to rebuild.
·
Will be enlarging room but will still be in
compliance with side yard line.
·
Waiting for Inland Wetlands Commission approval.
Further discussion and appropriate action on the application
was deferred until the Commission’s next regular meeting adjourned to
Wednesday, November 4, 2015. Tabled.
The Commission formally received the application. No one was present to speak on behalf of the
application.
Isabel Kearns, ZEO, submitted three photographs of the
property where the lawn mower and trailer will be parked.
Hiram Peck, Planning Consultant, stated as far as the
outside storage, based on the photographs provided there is adequate screening.
Whereas, Denise Pucillo, owner of the property, authorized Albert
Berardesca, her son, to apply for this Home Occupation Permit in a letter dated
October 1, 2015;
Whereas, Albert
Berardesca, applicant, applied to the Planning and Zoning Commission on October
7, 2015, for a Home Occupation Permit to operate a landscaping business and
office for same located at 282 Wooding Hill Road. The trailer and lawn mower will be parked to
the rear of the home near the deck;
Whereas, the
Commission at its regular meeting of October 7, 2015, considered the statement
of use, narrative, testimony and other pertinent application information
relating to this Home Occupation 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 October 2,
2015, indicating her approval.
2)
The Commission received a copy of an e-mail between Rod
White, Fire Marshal, and our Zoning Enforcement Officer, dated October 7, 2015,
in which Mr. White indicated his approval.
3)
The Commission received a letter dated October 7, 2015,
from Ronald Walters, representative of the Regional Water Authority, in which
he states he has no comment.
4)
The Zoning Enforcement Officer presented the Commission
with aerial photographs and pictures of the driveway, house and parking area
for the trailer and lawn mower. Based on
these photos and a physical inspection of the property by our Zoning
Enforcement Officer, it is clear that the outside storage of said trailer and
lawn mower are in compliance with Section 10.2.I.4., which reads, “All outside
storage areas shall be enclosed, except for access drives, by buildings and/or
fences, walls, embankments or evergreen shrubs or trees in order to screen the
storage area from view from any other lot or from any street…”
Now Therefore Be It
Resolved, that pursuant to Section 4.3.E.4.b. and Section 10.2.I.4. of the
Town of Bethany Zoning Regulations, effective February 27, 2015, the Bethany
Planning and Zoning Commission approves the Application #2015-017 for a Home
Occupation Permit of Albert Berardesca to operate a landscaping business and
home office for same located at
282 Wooding Hill Road, as per the testimony tonight and as outlined in
the Statement of Use dated October 1, 2015 .
And with the following conditions:
a)
This approval may be revisited if valid complaints are
received regarding the outside storage of the trailer and lawn mower.
b)
The trailer and lawn mower shall be parked in the rear
of the home.
Voting for: Sullivan,
Brinton, Goldner, Shea, Buchta.
Unanimous
approval.
The Commission formally received the application. Present to speak on behalf of this
application was Rhonda Bielik, applicant.
Isabel Kearns, ZEO, stated the applicant still has no
Quinnipiack Valley Health District approval.
Mrs. Bielik briefly reviewed the proposed project and noted
during discussion:
·
Have not received approval from Quinnipiack
Valley Health District.
·
Need approval to submit my package to the State
of Connecticut to get approval for child care center. State of Connecticut stated need local
approval first.
·
Sanitarian stated need to have State approval
before QVHD approval.
·
State of Connecticut has given me an educational
coding for the property.
·
Have a viable septic plan.
In discussion, Commission members noted:
·
Need QVHD signoff before PZC can act.
·
Recommend go to Board of Selectmen.
Further discussion and appropriate action on the application
was deferred until the Commission’s next regular meeting adjourned to
Wednesday, November 4, 2015. Tabled.
The Commission formally received the application. No one was present to speak on behalf of this
application.
The Commission scheduled a public hearing date of November
4, 2015.
Further discussion and appropriate action on the application
was deferred until the Commission’s next regular meeting adjourned to
Wednesday, November 4, 2015. Tabled.
Isabel Kearns, ZEO, prepared a
draft resolution. Commission members
discussed and proceeded to deliberate. It
was moved by Brinton and seconded by Sullivan to approve the following
resolution for Application #2015-013:
Re: Application
#2015-013 submitted by Luiza DaSilva of 50 Hunters Trail for Zoning Regulation
Amendments to Sections 1.2 and 4.4.E. of the Town of Bethany Zoning
Regulations, as follows:
Section 1.2 –
Definitions
NEW: Horse Trainer – One, who trains, gives
lessons, leases, boards, shows, buys and sells horses.
Section 4.4.E.
NEW is
underlined – Boarding stables, indoor riding rings
and riding academies as an accessory use, as a second business, on lots
of at least 5 acres, provided all exercise yards and buildings for housing
animals as well as all storage of materials and waste are maintained using best
management practices and are at least 100 feet from any property line. Operations of this accessory use is limited
to residents of the main/principal use and not more than 4 employees and one
additional horse trainer who operates on site.
Whereas, Luiza
DaSilva applied on August 5, 2015, to the Bethany Planning and Zoning
Commission for Zoning Regulation Amendments to Sections 1.2 and 4.4.E. as
stated above;
Whereas, the Commission opened a public
hearing to discuss the proposed Zoning Regulation Amendments to Sections 1.2
and 4.4.E. on October 7, 2015. Said
hearing was subsequently closed at the conclusion of testimony that evening;
Whereas, the
Commission, at its regular meeting of October 7, 2015, considered the proposed
Zoning Regulation Amendments to Sections 1.2 and 4.4.E. and the testimony regarding
the same:
1)
The Commission received a letter dated August 27, 2015,
from Ronald Walters, of the South Central Connecticut Regional Water Authority
Representative, in which he states that he has no comments.
2)
The Commission received a Staff Referral Report from
Joanna Rogalski of Naugatuck Valley Council of Governments dated September 2,
2015, in which she states that staff finds the proposed text amendment to not
be regionally significant.
3)
The Commission received a letter dated September 14,
2015, from James Giulietti of South Central Regional Council of Governments in
which he states that the amendments do not appear to cause any negative
inter-municipal impacts to the towns in the South Central Region nor do there
appear to be any impacts to the habitat or ecosystem of the Long Island Sound.
Now Therefore Be It
Resolved, that pursuant to Section 8-3 of the Connecticut General State
Statutes, the Planning and Zoning Commission adopts the proposed Zoning
Regulation Amendments to Sections 1.2 and Section 4.4.E., as stated above. The effective date for these amendments shall
be October 30, 2015.
Voting for: Sullivan,
Brinton, Goldner, Shea, Buchta.
Unanimous
approval.
OTHER BUSINESS
ADJOURNMENT
Voting for: Sullivan,
Brinton, Goldner, Shea, Buchta.
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
