MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JULY 1,
2015 Page 1 of 11
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
Carol Lambiase, Alternate Member
The
following Commission Members were absent:
Douglas Goldner, Member
Eric McDonald, Alternate Member
Also present was:
Isabel Kearns, ZEO
APPROVAL OF MINUTES
Voting
for: Brinton, Sullivan, Calhoun, Shea,
Buchta.
Unanimous
approval.
Voting for: Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
BILLS
1. It
was moved by Calhoun and seconded by Shea to approve the payment of $1,000.00
(monthly pro rata basis), for services rendered for June 2015, by Hiram W. Peck
III, AICP, Planning Consultant.
Voting for: Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
2.
It was moved by Buchta and seconded by Sullivan to
approve the payment of $105.00 for recording services rendered at the public
hearing held on July1, 2015, (12 Pleasant Drive) by John McLeod.
Voting
were: Brinton, Sullivan, Calhoun, Shea,
Buchta.
Unanimous approval.
GENERAL CORRESPONDENCE
1.
Letter from Quinnipiack Valley Health District to
Catherine Champagne dated July 1, 2015, Re:
Review comments on application for proposed yoga studio at 696 Amity
Road, Unit UL-5.
2.
Letter from Isabel Kearns, ZEO, to Mr. & Mrs.
Andrew Hitchcock of 28 Woodcutters Drive, dated July 1, 2015, Re: Case closed pertaining to after-the-fact
shed.
3.
Email from Eugene Livshits of South Central Regional
Council of Governments, dated June 9, 2015, Re:
Prospect, CT proposed text change amendment to zoning regulations.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Landscape Architecture, 2015
Annual.
ZONING ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, ZEO, reported on the following:
·
Submitted
report on Building Permits dated July 1, 2015.
·
Will be
writing letter to Sun Gold Stables/Shannon Equine, 50 Hunters Trail.
At 7:25 p.m., Chair Brinton called the public hearing continuation
to order. The two applications will be
heard together. Roll call was
taken. Chair Brinton read the notice of
the public hearing continuation.
Chair Brinton stated that the
Commission visited the site on June 11, 2015.
Isabel Kearns, ZEO, stated that the
applicant, Mr. Cogle would like to have a free standing sign. Ms. Kearns asked the Commission to allow Mr.
Cogle to amend Application #2015-007 to include a free standing sign. Mr. Cogle was allowed to amend the
application as stated. Also, Mr. Cogle
added the location of the sign to the Site Plan, revised to April 27, 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 – Three pages of photographs
submitted by the applicant, Jason Cogle, with photographs of steel building
similar to storage building being proposed.
Chair Brinton asked if anyone from
the public would like to speak for the application or against the
application. The following public member
spoke:
·
Cheryl Petruzzello of 648 Amity Road –
asked question on what type of trucks going to be stored in proposed building.
In discussion, Mr. Cogle noted the
following:
·
Have one box truck, 35 feet long.
·
Temperature sensitive climate controlled
building.
·
Some units will be for rent; ideal renter would
be landscaper or tree removal business.
·
Work day begins at 4:00 a.m. Driver starts up truck and does pre-trip
inspection for 10 to 15 minutes and then departs.
At 7:45 p.m., it was moved by Calhoun
and seconded by Sullivan to close the public hearing on the subject
applications.
Voting
for: Brinton, Sullivan, Calhoun, Shea,
Buchta.
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. A public hearing was
scheduled for the next regular meeting on Wednesday, August 5, 2015, at 7:15 p.m. in the Commission Meeting Room of
the Bethany Town Hall. Tabled.
The Commission formally received the application. No one was present to speak on behalf of this
application.
Whereas, Catherine
Champagne applied on July 1, 2015, to the Bethany Planning and Zoning
Commission for a Change of Use Permit to operate a yoga studio located at 696 Amity Road, Unit UL-5;
Whereas, Brian
Botti/Taco, LLC, owner of Unit UL-5 at 696 Amity Road, authorized Catherine
Champagne to apply for a Change of Use Permit to operate a yoga studio in Unit UL-5 in an e-mail dated June 30,
2015;
Whereas, the
Commission, at its regular meeting of July 1, 2015, considered the application
information, statement of use, testimony and other pertinent information
relating to a request for the Change of Use Permit to operate a yoga studio located
at 696 Amity Road, Unit UL-5;
Whereas, the Commission finds the subject application in essential compliance
with the applicable regulations;
Now Therefore the Commission makes the following findings
of fact:
1)
The
Commission received a letter from John Laudano, Quinnipiack Valley Health
Department Representative, dated July 1, 2015, in which he approved the Change
of Use for a yoga studio for a maximum of 10 people including instructors with
the stipulation that there be no showers.
2)
Rod White, Fire
Marshal, signed off on the back of the application form on July 1, 2015
indicating his approval.
3)
The Commission
received a letter dated July 1, 2015 from Ronald Walters of the South Central
Connecticut Regional Water Authority, who indicated that he has no comments.
Now Therefore Be It
Resolved, that pursuant to Section 5.5.A. of the Bethany Zoning
Regulations, amended to February 27, 2015, the Bethany Planning and Zoning
Commission approves the Change of Use Permit to allow the operation of a yoga
studio located at 696 Amity Road,
Unit UL-5 (Application #2015-012), as presented in the application, statement
of use and testimony and with the following conditions:
1)
A building permit for an interior fit up must be
approved by the Building Official prior to any renovations to or occupancy of
the building.
2)
The Fire Marshal must sign off prior to a certificate
of occupancy.
3)
Per Quinnipiack Valley Health District approval letter
dated July 1, 2015, from John Laudano, there shall be a maximum of 10 people,
including instructors.
Vote: 5 to 0.
Voting for: Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous
approval.
Whereas, Jason Cogle, owner of SFM Storage, LLC,
applied on May 4, 2015, to the Bethany Planning and Zoning Commission for Site
Plan Approval to construct an 84-feet by 100-feet storage building, free
standing 4-feet by 8-feet sign and associated site work located at 12 Pleasant Drive;
Whereas, the
Commission conducted a site walk of the property on June 11, 2015;
Whereas, the Commission, at its regular meetings of June
3, 2015 and July 1, 2015, considered the maps, narrative, testimony and other
pertinent information relating to a request for Site Plan Approval;
Now Therefore, the Commission makes the following
findings of fact and decision regarding the application:
1)
The Commission received correspondence dated November
21, 2014, from John Laudano, Representative
of Quinnipiack Valley Health District, to Alan Shepard, P.E. of Nowakowski,
O’Bymachow and Kane in which he states that he approves the revised plan for an
84-foot by 100-foot commercial building with seven (7) employees maximum. The Commission also received correspondence
from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District dated May
29, 2015, in which they state: 1) They detected soil conditions in areas
designated for the subsurface sewage disposal system indicate that the minimum
requirements of the appropriate sections of the Connecticut Public Health Code
were observed for the proposed 84-foot by 100-foot commercial building with the
maximum of seven employees and maximum wastewater discharge of 140 gallons per
day. 2) A subsurface sewage disposal
permit issued by Quinnipiack Valley Health District is needed before a
recommendation can be made to the building official.
2)
The Planning and Zoning Commission is in receipt of
Permit #1233, approved on April 27, 2015, from the Inland Wetlands Commission
for the construction of a storage building and associated site work.
3)
Rod White, Fire Marshal, signed off on the back of the
application form on May 26, 2015,
indicating his approval. He subsequently
deleted the comment he had originally written and initialed and dated it June
1, 2015.
4)
In a letter dated January 30, 2015, Ronald Walters, Representative
of South Central Connecticut Regional Water Authority, provided some
boilerplate recommendations: 1) Erosion
controls should be maintained throughout construction; 2) If the building is
heated with fuel oil, it should be above ground.
Fuel storage tanks and associated
piping should be segregated from floor drains and sump pumps to prevent hazards
to the environment; 3) Hazardous materials should be stored in a secondary
container and removed to a locked indoor area with an impervious floor during
non-work hours; 4) A contact name and number for the person responsible for the
post-construction maintenance of the stormwater management system should be
identified on the plan. The inspection
and maintenance plan for the detention basin should be expanded to include
inspection and maintenance of catch basins.
5)
The Commission received a letter dated June 1, 2015,
from Dave Nafis, contracted Town Engineer, in which he states that he reviewed
the plans revised to April 27, 2015, and after a phone conversation with the
design engineer to clarify some concerns.
All he recommends is that a handicapped parking space be provided.
Now Therefore It Resolved,
that pursuant to Section 5.2.A. of the Bethany Zoning Regulations, amended to February
27, 2015, the Bethany Planning and Zoning Commission approves Application
#2015-007 from Jason Cogle (SFM Storage, LLC) for an 84-foot by 100-foot
storage building, free standing 4-feet by 8-feet sign and associated site work located
at 12 Pleasant Drive based on the following plans prepared by Nowakowski,
O’Bymachow and Kane, Engineers and Land Surveyors, Shelton, Connecticut:
a.
“Site Development & Soil Erosion Control Plan
Prepared For SFM Storage, LLC”, dated November 7, 2014, revised to April 27,
2015.
b.
“Septic Plan Prepared For SFM Storage, LLC”, dated
November 7, 2014, revised to April 27, 2015.
c.
“Landscaping and Lighting Plan Prepared For SFM
Storage, LLC”, dated January 14, 2015, revised to January 23, 2015.
d.
“Plot Plan, Lot 27, Blue Ridge Acres Prepared For SFM
Storage, LLC”, dated January 15, 2015, revised to January 23, 2015.
And with the following conditions:
1) New Use and tenant fit-out permits must be received
prior to the occupancy of any of the units, EVEN if they are just for
storage.
2) Compliance with the letter dated January 30, 2015,
from Ron Walters of the South Central Connecticut Regional Water Authority is
required.
3) The plans should be modified to include a handicapped
parking space per the letter of Dave Nafis, Town Engineer, dated June 1, 2015.
4) You will need to obtain new use permits from this
Commission for all tenants.
5) Another erosion control contact name and number should
be added to the file in the event that you are not available.
6) All lighting fixtures shall be full cut off. There shall be no trespass lighting from the
property.
Vote
5 to 0.
Voting
for: Brinton, Sullivan, Calhoun, Shea,
Buchta.
Unanimous
approval.
Whereas, Jason Cogle, owner of SFM Storage, LLC,
applied on May 4, 2015, to the Bethany Planning and Zoning Commission for Special
Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit to
construct an 84-foot by 100-foot storage building and associated site work
located at 12 Pleasant Drive;
Whereas, the
Commission conducted a site walk of the property on June 11, 2015;
Whereas, the Commission, at its regular meetings of June
3, 2015 and July 1, 2015, considered the maps, narrative, testimony and other
pertinent information relating to a request for Special Exception Earth
Removal, Excavation, Filling, Stockpiling and Grading Permit;
Now Therefore, the Commission makes the following
findings of fact and decision regarding the application:
1)
The Commission received correspondence dated November
21, 2014, from John Laudano,
Representative of Quinnipiack Valley Health District, to Alan Shepard, P.E. of
Nowakowski, O’Bymachow and Kane in which he states that he approves the revised
plan for an 84-foot by 100-foot commercial building with seven (7) employees
maximum. The Commission also received
correspondence from Lynn Fox and Leslie Balch of Quinnipiack Valley Health
District dated May 29, 2015, in which they state: 1) They detected soil
conditions in areas designated for the subsurface sewage disposal system
indicate that the minimum requirements of the appropriate sections of the Connecticut
Public Health Code were observed for the proposed 84-foot by 100-foot
commercial building with the maximum of seven employees and maximum wastewater
discharge of 140 gallons per day. 2) A
subsurface sewage disposal permit issued by Quinnipiack Valley Health District
is needed before a recommendation can be made to the building official.
2)
The Planning and Zoning Commission is in receipt of
Permit #1233, approved on April 27, 2015, from the Inland Wetlands Commission
for the construction of a storage building and associated site work.
3)
Rod White, Fire Marshal, signed off on the back of the
application form on May 26, 2015,
indicating his approval. He subsequently
deleted the comment he had originally written and initialed and dated it June
1, 2015.
4)
In a letter dated January 30, 2015, Ronald Walters,
Representative of South Central Connecticut Regional Water Authority, provided
some boilerplate recommendations: 1)
Erosion controls should be maintained throughout construction; 2) If the
building is heated with fuel oil, it should be above ground. Fuel storage tanks
and associated piping should be segregated from floor drains and sump pumps to
prevent hazards to the environment; 3) Hazardous materials should be stored in
a secondary container and removed to a locked indoor area with an impervious
floor during non-work hours; 4) A contact name and number for the person
responsible for the post-construction maintenance of the stormwater management
system should be identified on the plan.
The inspection and maintenance plan for the detention basin should be
expanded to include inspection and maintenance of catch basins.
5)
The Commission received a letter dated June 1, 2015,
from Dave Nafis, contracted Town Engineer, in which he states that he reviewed the
plans revised to April 27, 2015, and after a phone conversation with the design
engineer to clarify some concerns. All
he recommends is that a handicapped parking space be provided.
Now Therefore It Resolved,
that pursuant to Section 8 of the Bethany Zoning Regulations, amended to
February 27, 2015, the Bethany Planning and Zoning Commission approves
Application #2014-008 from Jason Cogle (SFM Storage, LLC) for a Special
Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit
for an 84-foot by 100-foot storage building and associated site work located at
12 Pleasant Drive based on
the following plans prepared by Nowakowski, O’Bymachow and Kane, Engineers and
Land Surveyors, Shelton, Connecticut:
a.
“Site Development & Soil Erosion Control Plan
Prepared For SFM Storage, LLC”, dated November 7, 2014, revised to April 27,
2015.
b.
“Septic Plan Prepared For SFM Storage, LLC”, dated
November 7, 2014, revised to April 27, 2015.
c.
“Landscaping and Lighting Plan Prepared For SFM Storage,
LLC”, dated January 14, 2015, revised to January 23, 2015.
d.
“Plot Plan, Lot 27, Blue Ridge Acres Prepared For SFM
Storage, LLC”, dated January 15, 2015, revised to January 23, 2015.
And with the following condition:
1)
No screening onsite.
ADJOURNMENT
Voting
were: Brinton, Sullivan, Calhoun, Shea,
Buchta.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
