MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, DECEMBER 2,
2015 Page
1 of 10
The following Commission Members
were present:
Kimberly McClure Brinton, Chair
Michael Sullivan, Vice-Chairman
Michael Calhoun, Member
Donna Shea, Member
Bradford Buchta, Alternate Member
Carol Lambiase, Alternate Member
Eric
McDonald, Alternate Member, seated as voting member.
The
following Commission Member was absent:
Douglas Goldner, Member
Also present were:
Hiram
Peck, Planning Consultant
Isabel
Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
Unanimous approval.
BILLS
1.
It was moved by Calhoun and seconded by Sullivan to
approve the payment of $1,200.00 (monthly pro rata basis), for services
rendered for November 2015, by Hiram W. Peck III, AICP, Planning Consultant.
Voting
for: Brinton, Sullivan, Calhoun, Shea,
McDonald.
Unanimous approval.
GENERAL CORRESPONDENCE
1.
Letter from South Central Connecticut Regional Planning
Commission, dated November 16, 2015,
Re: Comments on review of proposal for
subdivision located at 48 Mesa Drive.
2.
Letter from Naugatuck Valley Council of Governments,
dated November 9, 2015, Re: Comments on
review of proposed subdivision located at 48 Mesa Drive.
3.
Letter from Bethany Conservation Commission, submitted
December 2, 2015, Re: Comments on review
of application for Clifford Drive Estates, 48 Mesa Drive.
4.
Letter from Dave Nafis, Town Engineer, dated December
2, 2015, Re: Review of plans and
specifications for Clifford Drive Estates, 48 Mesa Drive.
5.
Letter from Ray Pantalone, Tree Warden, dated November
4, 2015, Re: Comments on review of plans
for 33 Old Amity Road.
6.
Letter from Dave Nafis, Town Engineer, dated December
2, 2015, Re: Comments on review of plans
and specifications for 33 Old Amity Road.
7.
Letter from Quinnipiack Valley Health District, dated
December 2, 2015, Re: Comments on review
of Application #2015-020, 33 Old Amity Road.
8.
Letter from Derrylyn Gorski, First Selectman, dated
November 23, 2015, Re: Request for PZC
to conduct a Section 8-24 Review for proposed roof replacement for the Bethany
Community School with attached resolution suggested by bond counsel.
9.
Memo from Hiram Peck, Planning Consultant, dated
November 29, 2015, Re: Overview analysis
of possible development of property located at 43/53 Atwater Road.
10. Letter
from Town Clerk Nancy McCarthy, dated November 10, 2015, Re: Request for schedule of regular meetings for
2016 with attached draft.
It was moved by
Sullivan and seconded by Calhoun to approve the draft schedule for regular
meetings for the year of 2016 as requested by Nancy McCarthy, Town Clerk, in a
letter dated November 10, 2015.
Voting for: Brinton, Sullivan, Calhoun, Shea, McDonald.
Unanimous
approval.
11. Letter
from Isabel Kearns, ZEO, to Daniel Levine of 43 Luke Hill Road, dated November
17, 2015, Re: Notice of Violation, outside
storage of materials.
12. Email
from Eugene Livshits, SCRCOG, dated November 6, 2015, Re: Town of Prospect Referral for proposed
revision to zoning regulations.
13. Email
from Eugene Livshits, SCRCOG, dated November 6, 2015, Re: Town of Hamden Referral for proposed revision
to zoning regulations.
ZONING ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, ZEO, reported on the following:
·
Submitted
a list of Building Permits dated December 2, 2015.
·
304
Wooding Hill Road – Mentioned
that the property has been used for gun shooting.
·
33
Old Amity Road – Has brought
in fill/gravel from road construction at Route 63 and Route 67 and gravel has
not been tested. Noticed more trucks and
material on property.
·
63
Sargent Drive and 429, 437 and 443 Fairwood Road – Sent letter to enter property and property
owners no posted no trespassing signs.
·
33
Deerfield Lane – Property
owner has made an application to build a house.
·
Will
prepare letter to be sent to Town Attorney for Zoning Enforcement Matters.
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 stated the applicant did not complete proper
notification to the property owners within 500 feet.
The Commission scheduled a site visit for Sunday, December
13, 2015, at 10:00 a.m. Commission
members to meet at the property.
At 7:30 p.m., it was moved by Sullivan and seconded by
Calhoun to adjourn the public hearing and continue it to the next regular
meeting scheduled for Wednesday, January 6, 2016, in the Commission Meeting
Room of the Bethany Town Hall. Public
hearings will start at 7:15 p.m.
Voting for: Brinton,
Sullivan, Calhoun, Shea, McDonald.
Unanimous approval.
Voting for: Brinton,
Sullivan, Calhoun, Shea, McDonald.
Unanimous approval.
It was moved by Sullivan and
seconded by Calhoun to approve the following resolution:
Whereas,
Section 8-24 of the Connecticut General Statutes requires that a municipality
refer proposals for public improvements to the Planning and Zoning Commission
for a report; and
Whereas,
First Selectman, Derrylyn Gorski, has requested such a report in a memo dated
November 23, 2015, relative to the roof replacement at the Bethany Community
School; and
Whereas, this request directly relates to the Town Plan of
Conservation and Development, adopted November 18, 1998 and last revised
October 30, 2010, specifically Section 7, Municipal Facilities; and
Now Therefore Be It Resolved, that the Bethany Planning and Zoning
Commission hereby approves the following project pursuant to Section 8-24 of
the Connecticut General Statutes:
removal and replacement of the original building roof and the canopy
roofs at the Bethany Community School, and related improvements, as outlined in
the information submitted. The
Commission finds that this approval is not in conflict with the Town Plan of
Conservation and Development adopted November 18, 1998 and last revised October
30, 2010.
Voting
for: Brinton, Sullivan, Calhoun, Shea,
McDonald.
Unanimous approval.
The Commission formally received the application. Present to speak on behalf of this
application was Deborah Demander, applicant and property owner and her son,
Lars Demander. Chair Brinton reviewed
the application file.
Mrs. Demander briefly reviewed the proposed project and
noted in discussion:
·
State laws are changing and need to rebuild barn
to keep out birds, squirrels, rodents, etc.
·
Barns are listed on the State of Connecticut
Historic Registry.
·
Need extra space for products selling and extra
storage space.
In discussion, Commission members noted:
·
Parking will stay gravel
·
Barn will have a concrete slab floor and a
timber framing.
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 #2015-025:
Whereas, Deborah Demander
applied on December 2, 2015, to the Bethany Planning and Zoning Commission for
Site Plan Approval to construct a 40-foot by 40-foot timber framed barn located
at 51 Fairwood Road;
Whereas¸ the Statement of Use dated November 17, 2015, indicates
that the barn will be used for selling agricultural products through a retail
farm stand;
Whereas, the Commission, at
its regular meeting also of December 2, 2015, considered the maps, narrative,
testimony and other pertinent information relating to a request for Site Plan
Approval to construct a 40-foot by 40-foot timber framed barn;
Now Therefore, the
Commission makes the following findings of fact and decision regarding the
application:
1)
Quinnipiack Valley Health District issued Permit #1718
for the construction of a detached 40-foot by 40-foot barn on November 10, 2015
and November 12, 2015.
2)
The Planning and Zoning Commission received
correspondence from the Inland Wetlands Commission dated December 1, 2015 in
which the Inland Wetlands Commission stated that no Inland Wetlands Permit is
required for the proposed activity.
3)
Rod White, Fire Marshal signed off on the back of the
application form on December 1, 2015 indicating his approval.
4)
The Commission received a letter dated November 30,
2015, from Ronald Walters of
South Central Connecticut Regional Water Authority in which he states that the
location of the barn is off the public water supply watershed area.
Now Therefore It Resolved,
that pursuant to Section 4.3.F. of the Bethany Zoning Regulations, amended to
October 30, 2015, the Bethany Planning and Zoning Commission approves the Site
Plan for a 40-foot by 40-foot timber framed barn located at 51 Fairwood Road
based on the plan submitted November 17, 2015, untitled with hand drawn
markings by the applicant.
And with the following conditions:
1)
The applicant shall obtain a building permit prior to
any construction and review by the Fire Marshal.
Voting for: Brinton,
Sullivan, Calhoun, Shea, McDonald.
Unanimous approval.
The Commission formally received the application. No one was present to speak on behalf of this
application.
Isabel Kearns, ZEO, recommended the Commission schedule a
public hearing date.
It was moved by Sullivan and seconded by McDonald to
schedule a public hearing date of Wednesday, January 6, 2016, in the Commission
Meeting Room of the Bethany Town Hall.
Hearings will start at 7:15 p.m.
Voting for: Brinton, Sullivan, Calhoun, Shea, McDonald.
Unanimous
approval.
The Commission formally received the application. No one was present to speak on behalf of this
application,
Isabel Kearns, ZEO, recommended the Commission schedule a
public hearing date.
It was moved by Sullivan and seconded by Shea to schedule a
public hearing date of Wednesday, January 6, 2016, in the Commission Meeting
Room of the Bethany Town Hall. Hearings
will start at 7:15 p.m.
Voting for: Brinton, Sullivan, Calhoun, Shea, McDonald.
Unanimous
approval.
.
The Commission formally received the application. No one was present to speak on behalf of this
application,
Isabel Kearns, ZEO, recommended the Commission schedule a
public hearing date and that this application will be heard together with
Application #2015-019 also submitted by James Woodward for a 5-Lot Subdivision
located at 48 Mesa Drive.
It was moved by Calhoun and seconded by Sullivan to schedule
a public hearing date of Wednesday, January 6, 2016, in the Commission Meeting
Room of the Bethany Town Hall. Hearings
will start at 7:15 p.m.
Voting for: Brinton, Sullivan, Calhoun, Shea, McDonald.
Unanimous
approval.
.
Present to speak on behalf of this application was Dayna
Garcia and Timothy McAllen representing the applicants. See letter in file dated December 1, 2015,
granting permission to speak.
Isabel Kearns, ZEO, stated that Quinnipiack Valley Health
Department signed off on this application on November 5, 2015, giving approval
for no more than two employees.
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
#2015-024:
Whereas, TSC Properties, LLC applied on November 4, 2015, to the
Bethany Planning and Zoning Commission for a Change of Use Permit to operate McAllen
Building and Remodeling, Inc. located at 55 Sargent Drive;
Whereas, Jeffrey Jainir from Aladdin Holdings, LLC, owner of 55
Sargent Drive, authorized TSC Properties, LLC and McAllen Building to make
application to store construction equipment in the building located at 55
Sargent Drive in a letter dated December 1, 2015;
Whereas, the Commission, at its regular meeting of November 4,
2015, considered the application information, statement of use, testimony and
other pertinent information relating to a request for the Change of Use Permit
for the operation of McAllen Building & Remodeling, Inc. located 55 Sargent Drive;
Now Therefore the Commission makes the following findings
of fact:
1)
Lynn
Fox, Quinnipiack Valley Health Department representative, signed off on the
back of the application form on November 5, 2015, indicating her approval for a
maximum of two employees.
2)
Rod
White, Fire Marshal, signed off on the back of the application form on November
3, 2015, indicating his approval. He
also submitted a letter dated November 3, 2015, in which he speaks about Fire
Safety Code requiring an automatic sprinkler system for buildings over 5,000
square feet. This building is 6,000
square feet.
3)
The
Commission received a letter date November 4, 2015, from Ronald Walters of the
South Central Connecticut Regional Water Authority in which he offered the
following comments: 1) Fuel is to be
stored in a secondary containment system; 2) Equipment maintenance should be
conducted indoors on an impervious surface; 3) Waste chemicals should be stored
indoors our outside on an impervious surface within a containment berm or other
means of secondary containment.
Materials should be disposed of by a licensed waste hauler; 4) If
vehicle washings are done on site, wash water should not be discharged to the
environment. The facility should be
operated in accordance with the requirements of the Connecticut Department of
Energy and Environmental Protection.
Now Therefore Be It Resolved that pursuant to Section 5.5.A. of the
Bethany Zoning Regulations, amended to October 30, 2015, the Bethany Planning and
Zoning Commission approves the Change of Use Permit to operate McAllen Building
& Remodeling, Inc. located at 55 Sargent Drive;
And with the following conditions:
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.
2)
Should vehicles be stored within the building, a
sprinkler system shall be installed and approved by the Fire Marshal as stated
in the Fire Marshal letter dated November 3, 2015.
Voting for: Brinton, Sullivan, Calhoun, Shea, McDonald.
Unanimous approval.
ADJOURNMENT
There being no further business to
come before the Commission, it was moved by Sullivan and seconded by Calhoun to
adjourn the regular meeting at 8:40 p.m.
Voting for: Brinton,
Sullivan, Calhoun, Shea, McDonald.
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
