Friday, March 18, 2016


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING ON WEDNESDAY, MARCH 2, 2016                                       Page 1 of 21

 

The regular meeting of the Planning and Zoning Commission was called to order at 7:08 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, Chairman

            Michael Sullivan, Vice-Chairman

            Douglas Goldner, Member

            Michael Calhoun, Member

            Donna Shea, Member

            Bradford Buchta, Alternate Member

            Carol Lambiase, Alternate Member

            Eric McDonald, Alternate Member

 

Also present were:

             Hiram Peck, Planning Consultant

             Isabel Kearns, Zoning Enforcement Officer

             Kevin McSherry, Town Attorney  

 

 

APPROVAL OF MINUTES

            

1.      It was moved by Sullivan and seconded by Calhoun to approve the minutes of the      February 3, 2016, Regular Meeting, with the following amendments:

·         Page 6, Third Paragraph from bottom – Reads “Town Attorney Kevin McSherry stated in regard to the open space the Town of Bethany…” Change to “Town Attorney Kevin McSherry stated in regard to the open space that the Town of Bethany…”

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

Unanimous approval.

 

2.      It was moved by Calhoun and seconded by Shea to approve the minutes of the February 20, 2016, Special Meeting/Site Visit/Hearing Continuation, with the following amendments:

·         Under Commission Members present, Remove second Michael Calhoun and add Donna Shea.

Sullivan and Goldner abstained.

Voting for:  Brinton, Calhoun, Shea.

Unanimous approval.

 

 

 

 

 

 

 

 

 

BILLS

 

1.      It was moved by Sullivan and seconded by Goldner to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for February 2016, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

 

2.      It was moved by Calhoun and seconded by Sullivan to approve the payment of a bill for $105.00, dated March 2, 2016, from Anne Sohon for recording services for the public hearing (33 Old Amity Road).

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

Unanimous approval.

 

 

3.      It was moved by Sullivan and seconded by Calhoun to approve the payment of a bill for $110.00, dated March 1, 2016, from the Connecticut Federation of Planning and Zoning Agencies for membership dues through March 31, 2017.

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

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Memo from Hiram Peck, Planning Consultant, dated February 28, 2016, Re:  Comments on review of revised plans to February 15, 2016, and site visit on February 20, 2016, for 33 Old Amity Road.

2.      Letter from Quinnipiack Valley Health District, dated February 18, 2016, Re:  Comments on review of plans for 4 Peck Road revised submission in 2016.

3.      Email from Bruce Loomis, Conservation Commission Chairman, dated February 12, 2016, Re:  Comments on Woodward site visit and participation in the review of the Zoning Regulations.

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC HEARING

Four applications to be heard together:

·         33 Old Amity Road, Application #2015-020 submitted by Wayne Zirolli for Two New Use permits – Concrete Business and Sale of Earth Materials and Cement

·         33 Old Amity Road, Application #2015-021 submitted by Wayne Zirolli for Site Development Plan/Commercial Development and a 6’ by 4’ freestanding sign

·         33 Old Amity Road, Application #2015-022 submitted by Wayne Zirolli for Special Exception for Outside Storage of earth materials for sale and forms

·         33 Old Amity Road, Application #2015-023 submitted by Wayne Zirolli for Special Exception for Earth Removal, Excavation, Filling, Stockpiling and Grading

 

At 7:16 p.m., Chair Brinton called the public hearing to order.   Roll call was taken.              Chair Brinton read the notice of continuation for the public hearing. 

 

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 3A – Memo from Hiram Peck, Planning Consultant, dated February 28, 2016, Re:  Review of revised plans and notes from site walk of 33 Old Amity Road.

 

Present to speak on behalf of these applications was Wayne Zirolli, P.E./L.S., representing the property owner Manual Preta, who was also present.

 

Some items mentioned by Mr. Zirolli were:

·         Revised the first three sheets of plans revised to February 15, 2016.

·         Site does need some cleanup.

·         The applicant would like to remove the fence on Teddy B’s side and clean up the area.

·         Have received Hiram Peck comments, dated February 28, 2016, and will comply to make site acceptable for the town of Bethany.

 

Some concerns by the Commission were:

·         Type of fencing.

·         What will be stored in building? (Applicant answered building forms, concrete materials, cement blocks and some vehicles.)

·         Anything combustible in building needs to be told for the Fire Department.

·         Need to have outside storage area on plan.

 

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

 

At 7:27 p.m. it was moved by Sullivan and seconded by Shea to close the public hearing on the subject application.

Unanimous approval.

 

 

 

 

 

NEW BUSINESS

 

1.      51 and 71 Fairwood Road, Application #2016-001 submitted by Deborah Demander for a Two-lot Resubdivision with waiver of open space and fire suppression water tank

 

Present to speak on behalf of the application was Deborah Demander, owner of record.

 

Mrs. Demander briefly reviewed the application and noted during discussion:

·         Submitted a brief history of land.

·         No building lots approved

·         When we went for a loan for building on Lot 6A (putting Lot 6B up for collateral), the title search showed no record of the lot split being approved by the Planning and Zoning Commission.

·         Trying to make the lot split official.

 

Town Attorney Kevin McSherry noted:

·         The division of land map was done properly but nothing noted in the minutes.

·         Lots are not building lots at this time.

·         Need to recognize the division between 51 and 71 Fairwood Road.

·         Do not need application.

 

It was moved by Sullivan and seconded by Calhoun to approve the following motion:

That the Planning and Zoning Commission approve the land division of Lot 6A and Lot 6B into separate lots as shown on the map entitled, “Re-subdivision, Estate of Sherman P. Woodward, Fairwood/Falls/Pole Hill Rds., Bethany, CT”, dated June 26, 1996, revised to September 29, 1999, prepared by John Paul Garcia & Associates, Bethany, Connecticut.     Lot 6A and Lot 6B are not residential building lots unless and until approved as residential building lots by the Planning and Zoning Commission

Vote 5 to 0.

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

Unanimous approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.      4 Peck Road, Application #2016-002 submitted by James Sakonchick to obtain approval of “Set-Aside Development” for new construction of a 4 Unit Mulit-Family Dwelling in accordance with CGS 8-30g, amend the Zoning Regulations for “Set-Aside Development and the Zoning Map

 

The Commission formally received the application.   No one was present to speak on behalf of the application.  The Commission scheduled a public hearing date of Wednesday, May 2, 2016, at 7:15 p.m.

 

It was moved by Sullivan and seconded by Calhoun to consult Attorney Peter S. Olson, Land Use & Conservation Counsel, to review the resubmittal Application #2016-002 for 4 Peck Road to obtain approval of “Set-Aside Development” for new construction of a 4-unit multi-family dwelling in accordance with C.G.S. 8-30g, amend the Zoning Regulations for “Set-Aside Development” and the Zoning Map.   

Vote 5 to 0.

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

Unanimous approval.

 

 

OLD BUSINESS

 

1.      48 Mesa Drive, Application #2015-019 submitted by James Woodward for a five (5) Lot Subdivision

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.

 

It was moved by Calhoun and seconded by Shea to approve the following resolution for Application #2015-019:

 

Whereas, Alan Shepard, P.E. for Nowakowski, O’Bymachow, Kane & Associates, applied for a 5-Lot Subdivision of 48 Mesa Drive on October 7, 2015;

 

Whereas, Mr. James Woodward, owner of 48 Mesa Drive, authorized Alan Shepard to act on his behalf in the application for this 5-Lot Subdivision;

 

Whereas, the Commission opened a public hearing on this application on December 2, 2015, and said hearing was recessed three times to January 6, 2016, February 3, 2016, and March 2, 2016.  The hearing was closed at the conclusion of testimony on March 2, 2016;

 

Whereas, the Commission at its regular meeting also held March 3, 2016, considered the maps, testimony, and other pertinent application information relating to a request for a 5-Lot Subdivision of 48 Mesa Drive;

 

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

1)                  The Commission received correspondence dated November 16, 2015, from the South Central Connecticut Regional Planning Commission in which they state that the subdivision application does not appear to cause any inter-municipal impacts nor does there appear to be impacts to the habitat and ecosystem of the Long Island Sound.  They also state that the application does not meet the 20 percent open space requirement and that the road should be able to accommodate emergency vehicles. (Exhibit 1A)

2)                  The Commission received correspondence dated November 9, 2015, from the Naugatuck Valley Council of Governments in which they encourage the Town of Bethany to work with the Town of Beacon Falls on future residential development along Clifford Drive for coordination of municipal service delivery.(Exhibit 1B)

3)                  The Commission received a letter from Bruce Loomis, Chairman of the Conservation Commission which was received January 6, 2016, in which he raised concerns with the amount of proposed open space.  (Exhibit 1C)  Mr. Loomis subsequently submitted an e-mail dated January 28, 2016, in which he states that the Conservation Commission has met with the applicant and looks forward to continuing to work with all parties to make this valuable open space and trail like a reality.

4)                  The Commission received correspondence from David Nafis, contracted Town Engineer, dated December 2, 2015, in which he had 12 concerns/comments. (Exhibit 1D)  The Commission subsequently received any e-mail from Mr. Nafis dated January 27, 2016, in which stated the all of the concerns/comments he raised in his letter of December 2, 2015, have been addressed.

5)                  The Commission received correspondence dated March 5, 2015 from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District in which they state that they detected soil conditions in areas designated for individuals subsurface sewage disposal systems for all five lots that indicate that the minimum requirements of the appropriate sections of the Connecticut Public Health Code were observed for the five 4-bedroom homes.(Exhibit 1E)

6)                  The Commission received a comment letter from the Zoning Enforcement Officer dated October 9, 2015.(Exhibit 1I)  The Commission then received correspondence dated January 18, 2016, from Nowakowski, O’Bymachow, Kane & Associates in response to the Zoning Enforcement Officer’s comment letter of October 9, 2015.(Exhibit 2B)

7)                  The Commission received a letter dated February 3, 2016, from Michael Katzmark, Water Source Officer for the Bethany Volunteer Fire Department in which he states:  1) The plans must be modified and resubmitted to include driveways over 500 feet must be 14 feet wide and include a labeled pull off located at the approximate midpoint of the driveway.  Driveways shall be constructed as per the driveway specifications of the Town of Bethany.  2) House numbers shall be placed at the driveway at the corner of the road.  Also house numbers shall be placed at each individual driveway.  House numbers shall be shown in such a way that emergency vehicles entering each will be guided to the given address structure.  Each structure will have a number that is clearly visible from the driveway.  3)  The water source configuration currently meets the Town’s fire suppression tank specifications.  The plans will need to be modified and resubmitted to include a tank that is sized for 30,000 gallons, drafting, fill, and inspection piping details, a completed submittal package as required for review will be submitted prior to the start of construction and permits are issued.(Exhibit 2J)

8)                  The Commission received minutes from a special meeting of the Inland Wetlands Commission dated May 19, 2014, in which they approve the latest revised plans for the 5-lot subdivision for what was then labeled 46 Mesa Drive.  The following plans included in this approval were all last revised March 3, 2014, and include the Record Subdivision Map, Overall Site Plan (100 Scale), Site Development Plan (2 Sheets), Plan & Profile, Detention Basin Detail, Construction Details, Soil Test Data, Road Soil Erosion & Sedimentation Control Plan.  The Wetland Crossing Detail plan was dated April 11, 2014 with no revisions.

 

Now Therefore Be It Resolved, that pursuant to the Subdivision Regulations of the Town of Bethany, effective February 27, 2015, Application #2015-019, from James Woodward, for a 5-Lot Subdivision of 48 Mesa Drive, which is being held in conjunction with Application #2015-028 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit, is approved, as shown on the following plans prepared by Nowakowski, O’Bymachow, Kane, Associates, Shelton, Connecticut:

A.    “Record Subdivision Map”, dated May 6, 2011, revised to January 15, 2016.

B.     “Overall Site Plan (100 Scale)”, dated April 9, 2011, revised to January 15, 2016.

C.     “Site Development Plan (1 of 2), dated April 9, 2011, revised to January 15, 2016.

D.    “Site Development Plan (2 of 2), dated April 9, 2011, revised to January 15, 2016.

E.     “Plan & Profile – Clifford Drive”, dated April 9, 2011, revised to January 15, 2016.

F.      “Sight Line Map (Sheet 1 of 2), dated January 15, 2016, with no revisions.

G.    “Sight Line Map (Sheet 2 of 2), dated January 15, 2016, with no revisions.

H.    “Detention Basin Detail”, dated April 9, 2011, revised to April 29, 2015.

I.       “Construction Details (Sheet 1 of 2), dated April 9, 2011, revised to January 15, 2016.

J.       “Construction Details (Sheet 2 of 2), dated January 15, 2016, with no revisions.

K.    “Wetland Crossing Detail”, dated April 11, 2014, revised to April 29, 2015.

L.     “Soil Test Data”, dated May 8, 2011, revised to April 29, 2015.

M.   “Soil Test Data”, dated May 8, 2011, revised to April 29, 2015.

N.    “Road Soil Erosion & Sedimentation Control Plan – Clifford Drive”, dated     May 5, 2011, revised to January 15, 2016.

 

And with the following conditions: 

 

1)      The piece of old heavy equipment/earth machinery that is located within the open space offering will be removed from the property by the applicant prior to the filing of the mylar.

2)      The turnoff for Lot 3 shall be moved up to the approximate mid-point of the driveway per the comments of Michael Katzmark, Water Source Officer for the Bethany Volunteer Fire Department during the public hearing on February 3, 2016.

 

 

 

3)      The Open Space map shall be filed at the same time the Subdivision Map is being filed on the land records.

4)      The applicant shall clear the open space paths of any boulders, trees, and outcrops so that it is passable and functional in consultation with the Bethany Land Trust.

5)      Per the letter of Michael Katzmark, Water Source Officer for the Bethany Volunteer Fire Department, 1) The plans must be modified and resubmitted to include driveways over 500 feet must be 14 feet wide and include a labeled pull off located at the approximate midpoint of the driveway.  Driveways shall be constructed as per the driveway specifications of the Town of Bethany.  In short the driveway will be constructed as per the driveway specifications the Town of Bethany has adopted.      2) House numbers shall be placed at the driveway at the corner of the road.  Also house numbers shall be placed at each individual driveway.  House numbers shall be shown in such a way that emergency vehicles entering each will be guided to the given address structure.  Each structure will have a number that is clearly visible from the driveway.  3)  The water source configuration currently meets the Town’s fire suppression tank specifications.  The plans will need to be modified and resubmitted to include a tank that is sized for 30,000 gallons, drafting, fill, and inspection piping details, a completed submittal package as required for review will be submitted prior to the start of construction and permits are issued.  In short the tank will be constructed as per the specifications and requirements the Town of Bethany has adopted.(Exhibit 2J)

6)      Prior to any vertical construction, the fire suppression water tank shall be installed, inspected and certified by Michael Katzmark, Water Source Officer for the Bethany Volunteer Fire Department,

7)      Bonds for erosion and soil sedimentation controls for both the road and driveways shall be in an amount approved by Town Engineer and in a form acceptable to Town Attorney.

8)      Expiration date to be in accordance with Connecticut General Statutes.

Vote 5 to 0.

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

Unanimous approval.

 

 

2.      48 Mesa Drive, Application #2015-028 submitted by James Woodward for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit

 

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 #2015-028:

 

Whereas, Alan Shepard, P.E. for Nowakowski, O’Bymachow, Kane & Associates, applied for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit for property located at 48 Mesa Drive on November 30, 2015;

 

 

 

Whereas, James Woodward, owner of 48 Mesa Drive, authorized Alan Shepard, P.E. of Nowakowski, O’Bymachow, Kane & Associates, to act as his agent for the Application for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit;

 

Whereas, this application is being heard in conjunction with the 5-Lot Subdivision of 48 Mesa Drive (Application #2015-019);

 

Whereas, the Commission opened a public hearing on this application on January 6, 2016, and said hearing was recessed twice to February 3, 2016, and March 2, 2016.  The hearing was closed at the conclusion of testimony on March 2, 2016;

 

Whereas, the Commission at its regular meeting also held March 2, 2016, considered the maps, testimony, and other pertinent application information relating to this application for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit, which is associated with Application #2015-019 for a 5-Lot Subdivision of 48 Mesa Drive;

 

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

1)                  The Commission received correspondence from David Nafis, contracted Town Engineer, dated December 2, 2015, in which he had 12 concerns/comments. (Exhibit 1D)  The Commission subsequently received any e-mail from Mr. Nafis dated January 27, 2016, in which stated the all of the concerns/comments he raised in his letter of December 2, 2015, have been addressed.

2)                  The Commission received correspondence dated March 5, 2015 from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District in which they state that they detected soil conditions in areas designated for individuals subsurface sewage disposal systems for all five lots that indicate that the minimum requirements of the appropriate sections of the Connecticut Public Health Code were observed for the five 4-bedroom homes.(Exhibit 1E)

3)                  The Commission received a comment letter from the Zoning Enforcement Officer dated October 9, 2015.(Exhibit 1I)  The Commission then received correspondence dated January 18, 2016, from Nowakowski, O’Bymachow, Kane & Associates in response to the Zoning Enforcement Officer’s comment letter of October 9, 2015.(Exhibit 2B)

4)                  The Commission received minutes from a special meeting of the Inland Wetlands Commission dated May 19, 2014, in which they approve the latest revised plans for the 5-lot subdivision for what was then labeled 46 Mesa Drive.  The following plans included in this approval were all last revised March 3, 2014, and include the Record Subdivision Map, Overall Site Plan (100 Scale), Site Development Plan (2 Sheets), Plan & Profile, Detention Basin Detail, Construction Details, Soil Test Data, Road Soil Erosion & Sedimentation Control Plan.  The Wetland Crossing Detail plan was dated April 11, 2014 with no revisions.

 

 

 

 

Now Therefore Be It Resolved, that pursuant to the Zoning Regulations of the Town of Bethany, effective October 30, 2015, Application #2015-028, from James Woodward, for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit, that is presented in conjunction with Application #2015-019 for a 5-Lot Subdivision of 48 Mesa Drive is approved, as shown on the following plans prepared by Nowakowski, O’Bymachow, Kane, Associates, Shelton, Connecticut:

A.    “Record Subdivision Map”, dated May 6, 2011, revised to January 15, 2016.

B.     “Overall Site Plan (100 Scale)”, dated April 9, 2011, revised to January 15, 2016.

C.     “Site Development Plan (1 of 2), dated April 9, 2011, revised to January 15, 2016.

D.    “Site Development Plan (2 of 2), dated April 9, 2011, revised to January 15, 2016.

E.     “Plan & Profile – Clifford Drive”, dated April 9, 2011, revised to January 15, 2016.

F.      “Sight Line Map (Sheet 1 of 2), dated January 15, 2016, with no revisions.

G.    “Sight Line Map (Sheet 2 of 2), dated January 15, 2016, with no revisions.

H.    “Detention Basin Detail”, dated April 9, 2011, revised to April 29, 2015.

I.       “Construction Details (Sheet 1 of 2), dated April 9, 2011, revised to January 15, 2016.

J.       “Construction Details (Sheet 2 of 2), dated January 15, 2016, with no revisions.

K.    “Wetland Crossing Detail”, dated April 11, 2014, revised to April 29, 2015.

L.     “Soil Test Data”, dated May 8, 2011, revised to April 29, 2015.

M.   “Soil Test Data”, dated May 8, 2011, revised to April 29, 2015.

N.    “Road Soil Erosion & Sedimentation Control Plan – Clifford Drive”, dated     May 5, 2011, revised to January 15, 2016.

 

And with the following conditions:

1.      A two-way sign stating “trucks entering highway” shall be placed along Falls Road alerting passing motorists that trucks will be entering highways.

Vote 5 to 0.

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

Unanimous approval.

 

 

3.      33 Old Amity Road, Application #2015-020 submitted by Wayne Zirolli for Two New Use permits – Concrete Business and Sale of Earth Materials and Cement

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Shea to approve the following resolution for Application #2015-020:

 

Whereas, Manuel Preta, owner of the property, authorized Mr. Wayne Zirolli, P.E./L.S. to act as his agent for this application in a letter dated October 14, 2015;

 

 

 

 

 

Whereas, Wayne Zirolli applied on November 4, 2015, to the Bethany Planning and Zoning Commission for two New Use Permits to operate a concrete business and to sell earth materials and cement located at 33 Old Amity Road.  Said application is submitted in conjunction with Application #2015-021 - Site Plan Approval to construct a 170-foot by 80-foot building including associated site work and a 6-foot by 4-foot freestanding sign; Application #2015-022 - Special Exception Outside Storage; Application #2015-023 - Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit;

 

Whereas, the public hearing for these two new use permits to operate a concrete business and to sell earth materials and cement products located at 33 Old Amity Road was opened on January 6, 2016, and was recessed twice to February 3, 2016, and March 2, 2016.  It was held in conjunction with the public hearings for Applications #2015-021 - Site Plan Approval to construct a 170-foot by 80-foot building including associated site work and a 6-foot by 4-foot freestanding sign; Application #2015-022 - Special Exception Outside Storage; Application #2015-023 - Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit;

 

Whereas, said public hearings for all of the aforementioned applications were closed on     March 2, 2016;

 

Whereas, the Commission, at its regular meeting of March 2, 2016, considered the maps, narrative, testimony and other pertinent information relating Application #2015-020 to a request two new use permits to operate a concrete business and to sell earth materials and cement located at 33 Old Amity Road;

 

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

1)      The Commission received a letter dated June 2, 2015 from John Laudano, Quinnipiack Valley Health District representative, in which he states that he approves the septic plan with six employees.  The Commission subsequently received a letter dated December 2, 2015, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District in which they also indicate that the septic plan has been approved for a maximum of 6 employees.(Exhibit 1D)

2)      The Planning and Zoning Commission is in receipt of Permit #1241 dated September 3, 2015 from the Inland Wetlands Commission for the commercial development of this lot, including storage building and freestanding sign.  Subsequently, the Inland Wetlands Commission issued Permit # 1257 dated February 2, 2016, for a revised site plan for a new building footprint of 170-feet by 80-feet.(Exhibit 2E)

3)      The Commission received a letter dated January 5, 2016, from Rod White, Fire Marshal, in which he states that he reviewed the application and has signed off on the back of the application form indicating his approval.  He also stated that this approval does not in any way signify his approval for the occupancy meeting the Fire Safety Code.  It will be up to the applicant’s design professional to provide a detailed plan on how the occupancy will meet the current code at the time the building permit is reviewed.(Exhibit 1E)

 

 

Now Therefore It Resolved, that pursuant to Section 5.1.A. and 5.1.B. of the Bethany Zoning Regulations, effective October 30, 2015, the Bethany Planning and Zoning Commission approves Application #2015-020 for Two (2) New Use Permits to operate a concrete business and to sell earth materials and cement located at 33 Old Amity Road with the following modifications:

1)      The 170-foot by 80-foot building, which is a part of Permit #2015-021, must be constructed and certificates of compliance and occupancy must first be obtained prior to any use of the property.

2)      The existing fencing shall be re-slatted with new neutral-colored slatting and shall remain in place in perpetuity and needs to be uniform and consistent.

3)      Plantings conforming to the Bufferyard B requirements in the Bethany Zoning Regulations, Section 10.L.4.d.6. should be placed in the area between Old Amity Road and the proposed fence location.  A bond for these plantings should be required in this case to insure they are all properly planted and located prior to any Certificate of Occupancy.  If these are not planted prior to use of the building, a formal enforcement action should be pursued.

4)      Per Dave Nafis’ letter of December 2, 2015:  1) Measures shall be put in place to stop sedimentation from leaving the storage bays; 2) The Commission reserves the right, at any time in the future, to require that the entrance be made larger to accommodate truck traffic or the return radii made larger, if necessary, for safety purposes.   (Exhibit 1C)

Vote 5 to 0.

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

Unanimous approval.

 

 

4.      33 Old Amity Road, Application #2015-021 submitted by Wayne Zirolli for Site Development Plan/Commercial Development and a 6’ by 4’ freestanding sign

 

 

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 #2015-021:

 

Whereas, Manuel Preta, owner of the property, authorized Mr. Wayne Zirolli, P.E./L.S. to act as his agent for this/these application(s) in a letter dated October 14, 2015;

 

Whereas, Mr. Wayne Zirolli applied on November 4, 2015 to the Bethany Planning and Zoning Commission for Site Plan Approval for commercial development of 33 Old Amity Road which includes a 170-foot by 80-foot building, associated site work and a 6-foot by    4-footfreestanding sign.  Said application is being presented in conjunction with Application#2015-020 - Two New Use Permits; Application #2015-022 - Special Exception Outside Storage; and Application #2015-023 -Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit;

 

Whereas,  the public hearing for this Site Plan Approval to construct a 170-foot by 80-foot building including associated site work and a 6-foot by 4-foot freestanding sign was opened on January 6, 2016, and was recessed twice to February 3, 2016, and March 2, 2016.  It was held in conjunction with the public hearings for Application#2015-020 - Two New Use Permits; Application #2015-022 - Special Exception Outside Storage; and Application #2015-023 -Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit;

 

Whereas, said public hearings for all of the aforementioned applications were closed at the conclusion of testimony on March 2, 2016;

 

Whereas, the Commission, at its regular meeting of March 2, 2016, considered the maps, narrative, testimony and other pertinent information relating to a request for Site Plan Approval for commercial development of 33 Old Amity Road which includes a 170-foot by 80-foot building, associated site work and a 6-foot by 4-foot freestanding sign;

 

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

1.      The Commission received a letter dated June 2, 2015 from John Laudano, Quinnipiack Valley Health District representative, in which he states that he approves the septic plan with six employees.  The Commission subsequently received a letter dated December 2, 2015, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District in which they also indicate that the septic plan has been approved for a maximum of 6 employees.(Exhibit 1D)

2.      The Planning and Zoning Commission is in receipt of Permit #1241 dated September 3, 2015 from the Inland Wetlands Commission for the commercial development of this lot, including storage building and freestanding sign.  Subsequently, the Inland Wetlands Commission issued Permit # 1257 dated February 2, 2016, for a revised site plan for a new building footprint of 170-feet by 80-feet.(Exhibit 2E)

3.      The Commission received a letter dated January 5, 2016, from Rod White, Fire Marshal, in which he states that he reviewed the application and has signed off on the back of the application form indicating his approval.  He also stated that this approval does not in any way signify his approval for the occupancy meeting the Fire Safety Code.  It will be up to the applicant’s design professional to provide a detailed plan on how the occupancy will meet the current code at the time the building permit is reviewed.(Exhibit 1E)

4.      The Commission received a letter dated December 2, 2015, from Dave Nafis in which he offers the following comments:  1) The biggest issue with this type of site use is containing the sediment from the outside storage bays.  Both storm water runoff and dust can have a long-term cumulative effect on the wetlands and drainage systems if not properly addressed.  It is unclear if any such measures have been addressed; 2) Assuming this site will see frequent truck traffic, the driveway entrance should be widened or the return radii made larger to allow for easier movement in and out of the site.  Has a second entrance been explored?  3)  It is unclear what the parking area will be comprised of.  Asphalt, gravel or a combination of both?(Exhibit 1C)

 

5.      The Commission received a letter dated November 4, 2015, from Raymond Pantaloneu, Tree Warden, in which he stated that the bulk of the trees are located on Mr. Preta’s personal property.  Mr. Pantalone offered to mark the trees that are worth keeping for Mr. Preta.(Exhibit 1B)

 

Now Therefore It Resolved, that pursuant to Section 5.2.A. and Section 7.1.A. of the Bethany Zoning Regulations, effective October 30, 2015, the Bethany Planning and Zoning Commission approves Application #2015-021 for Site Plan approval for commercial development of 33 Old Amity Road which includes a 170-foot by 80-foot building, associated site work and a 6-foot by 4-foot freestanding sign as shown on the following plans prepared by Wayne J. Zirolli, P.E./L.S. Engineering & Surveying, Litchfield, Connecticut:

·         “Site Plan”, dated July 13, 2015, revised to January 12, 2016, Drawing No. SP-1.

·         “Erosion & Sediment Control Plan”, dated October 1, 2015, revised to January 12, 2016, Drawing No. ESP-1.

·         “Landscaping Plan”, dated July 13, 2015, revised to January 12, 2016, Drawing     No. LP-1.

·         “Site Lighting Plan”, dated October 1, 2016, revised to December 1, 2015, Drawing No. SLP-1.

·         “Site Plan Details & Notes” dated January 12, 2016, revised to January 12, 2016, Drawing No. DP-1.

 

And with the following modifications:

1.      A building permit must be received prior to any construction.

2.      The 170-foot by 80-foot building which is a part of this permit must be constructed and certificates of compliance and occupancy must first be obtained prior to any use of the property.

3.      No floor drains are permitted in the building.

4.      Directional signage may be needed for the sale of earth materials.  If necessary, the Commission reserves the right to have the directional signage installed in the future.

5.      Per Dave Nafis’ letter of December 2:  1) Measures shall be put in place to stop sedimentation from leaving the storage bays; 2) The Commission reserves the right, at any time in the future, to require that the entrance be made larger to accommodate truck traffic or the return radii made larger, if necessary, for safety purposes.   (Exhibit 1C)

6.      A)  The State of Connecticut Department of Transportation should indicate whether the fence encroaching on the Amity Road Right-Of-Way may remain in place or not.  B) The owner of the restaurant to the south should indicate to the Zoning Enforcement Officer whether the fence on the south side of the subject property should remain or be removed.  Timing for this work, if any, should be established at this time.  C) The existing fencing along Amity Road shall be re-slatted with new neutral-colored slatting and shall remain in place in perpetuity. All fencing to be uniform and consistent.  D)  All fencing installed should be clearly specified and approved by the Zoning Enforcement Officer and/or the Commission prior to installation.  Specifications should include height and specific materials.  Photographs should be provided for the file for comparison at the time of Certificate of Occupancy request.  All fencing installed shall be uniform and consistent.

 

7.      The applicant shall be in compliance with the Fire Marshal comments in his letter dated January 5, 2016.(Exhibit 1E)

8.      The concrete fence on the south and east property borders shall be in keeping with the drawing submitted as Exhibit 2F.

9.      The site shall allow for, but no necessarily construct, a second means of access to the property north of the proposed (existing) site entrance on Old Amity Road as requested by the Fire Marshal.

10.  Prior to the Zoning Enforcement Officer signing off as required by the law, the exact location of the proposed building shall be staked in the field by the surveyor on this project.  This is due to the area of uncertainty as to the building size and location even as late as February 21 in the field.  No building permit should be issued unless and until the proposed building is properly field staked and the location of the building and the size of the building is confirmed by the ZEO and the owner’s surveyor.

11.  Items that are not shown on the applicant’s plans should be removed from the site unless approved by the Commission for use of this property.  These include numerous objects that are seemingly unrelated to the actual cement form operation.

12.  The application does not clearly propose outside storage.  The Commission should be clear as to what is proposed in this situation.  Excess materials not directly related to the actual proposed operations should be removed.

13.  The owner shall install any and all necessary Erosion and Sedimentation controls to the satisfaction of the applicant’s site engineer and the ZEO prior to the start of any site work.  Bonding for these controls shall be determined by the applicant’s site engineer.

14.  The owner should provide the Commission (ZEO) with a complete set of plans for the building as may be required by the Fire Marshal and the Building Official.

15.  The owner should supply an as-built (where-built) plan for the entire site prior to signoff for a C.O. and use of the building.  The cost of this may also be considered for bonding as directed by the Town Attorney in writing.

16.  The stone wall that exists along the eastern property line should remain in place and be repaired to the extent possible.

17.  Plantings conforming to the Bufferyard B requirements in the Bethany Zoning Regulations, Section 10.L.4.d.6. should be placed in the area between Old Amity Road and the proposed fence location.  A bond for these plantings should be required in this case to insure they are all properly planted and located prior to any Certificate of Occupancy.  If these are not planted prior to use of the building, a formal enforcement action should be pursued.

Vote 5 to 0.

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

Unanimous approval.

 

 

 

 

 

 

5.      33 Old Amity Road, Application #2015-022 submitted by Wayne Zirolli for Special Exception for Outside Storage of earth materials for sale and forms

 

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 #2015-022:

 

Whereas, Manuel Preta, owner of the property, authorized Mr. Wayne Zirolli, P.E./L.S.  to act as his agent for this application in a letter dated October 14, 2015;

 

Whereas, Wayne Zirolli applied on November 4, 2015, to the Bethany Planning and Zoning Commission for a Special Exception for Outside Storage of earth materials for sale and concrete forms located at 33 Old Amity Road.  Said application is being presented in conjunction with Application #2015-020 -Two New Use Permits to operate a concrete business and to sell earth materials and cement; Application #2015-021 – Site Plan Approval for commercial development which includes a 170-foot by 80-foot building, associated site work and a 6-foot by 4-foot freestanding sign; and Application #2015-023 - Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit;

 

Whereas, the public hearing for this Special Exception for outside storage of earth materials and concrete forms was opened on December 2, 2015, and was recessed twice to February 3, 2016, and March 2, 2016.  It was held in conjunction with the public hearings for

Application #2015-020 -Two New Use Permits to operate a concrete business and to sell earth materials and cement; Application #2015-021 – Site Plan Approval for commercial development which includes a 170-foot by 80-foot building, associated site work and a 6-foot by 4-foot freestanding sign; and Application #2015-023 - Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit;

 

Whereas, said public hearings for all of the aforementioned applications were closed on     March 2, 2016;

 

Whereas, the Commission, at their regular meeting of March 2, 2016, considered the plans, testimony and other pertinent application information relating to Application #2015-022 Special Exception for Outside Storage of earth materials and concrete forms located at 33 Old Amity Road; and

 

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

a.       The Commission received a letter dated June 2, 2015 from John Laudano, Quinnipiack Valley Health District representative, in which he states that he approves the septic plan with six employees.  The Commission subsequently received a letter dated December 2, 2015, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District in which they also indicate that the septic plan has been approved for a maximum of 6 employees.(Exhibit 1D)

 

b.      The Planning and Zoning Commission is in receipt of Permit #1241 dated    September 3, 2015 from the Inland Wetlands Commission for the commercial development of this lot, including storage building and freestanding sign.  Subsequently, the Inland Wetlands Commission issued Permit # 1257 dated   February 2, 2016, for a revised site plan for a new building footprint of 170-feet by 80-feet.(Exhibit 2E)

c.       The Commission received a letter dated January 5, 2016, from Rod White, Fire Marshal, in which he states that he reviewed the application and has signed off on the back of the application form indicating his approval.  He also stated that this approval does not in any way signify his approval for the occupancy meeting the Fire Safety Code.  It will be up to the applicant’s design professional to provide a detailed plan on how the occupancy will meet the current code at the time the building permit is reviewed.(Exhibit 1E)

 

Now Therefore Be It Resolved, that pursuant to Section 5.3.H. of the Bethany Zoning Regulations, effective October 30, 2015, the Bethany Planning and Zoning Commission approves this application for a Special Exception for Outside Storage of earth materials and concrete forms located at 33 Old Amity Road in accordance with the following plans prepared by Wayne J. Zirolli, P.E./L.S. Engineering & Surveying, Litchfield, Connecticut:

·         “Site Plan”, dated July 13, 2015, revised to January 12, 2016, Drawing No. SP-1.

·         “Erosion & Sediment Control Plan”, dated October 1, 2015, revised to       January 12, 2016, Drawing No. ESP-1.

·         “Landscaping Plan”, dated July 13, 2015, revised to January 12, 2016, Drawing     No. LP-1.

·         “Site Lighting Plan”, dated October 1, 2016, revised to December 1, 2015, Drawing No. SLP-1.

·         “Site Plan Details & Notes” dated January 12, 2016, revised to January 12, 2016, Drawing No. DP-1.

 

And with the following modifications:

1)      The 170-foot by 80-foot building, which is a part of Permit #2015-021, must be constructed and certificates of compliance and occupancy must first be obtained prior to any use of the property.

2)      The existing fencing shall be re-slatted with new neutral-colored slatting and shall remain in place in perpetuity and needs to be uniform and consistent.

3)      Plantings conforming to the Bufferyard B requirements in the Bethany Zoning Regulations, Section 10.L.4.d.6. should be placed in the area between Old Amity Road and the proposed fence location.  A bond for these plantings should be required in this case to insure they are all properly planted and located prior to any Certificate of Occupancy.  If these are not planted prior to use of the building, a formal enforcement action should be pursued.

4)      Per Dave Nafis’ letter of December 2, 2015:  1) Measures shall be put in place to stop sedimentation from leaving the storage bays; 2) The Commission reserves the right, at any time in the future, to require that the entrance be made larger to accommodate truck traffic or the return radii made larger, if necessary, for safety purposes.   (Exhibit 1C)

 

5)      A)  The State of Connecticut Department of Transportation should indicate whether the fence encroaching on the Amity Road Right-Of-Way may remain in place or not.  B) The owner of the restaurant to the south should indicate to the Zoning Enforcement Officer whether the fence on the south side of the subject property should remain or be removed.  Timing for this work, if any, should be established at this time.  C) The existing fencing along Amity Road shall be re-slatted with new neutral-colored slatting and shall remain in place in perpetuity. All fencing to be uniform and consistent.  D)  All fencing installed should be clearly specified and approved by the Zoning Enforcement Officer and/or the Commission prior to installation.  Specifications should include height and specific materials.  Photographs should be provided for the file for comparison at the time of Certificate of Occupancy request.  All fencing installed shall be uniform and consistent.

6)      The applicant shall be in compliance with the Fire Marshal comments in his letter dated January 5, 2016.(Exhibit 1E)

7)      The concrete fence on the south and east property borders shall be in keeping with the drawing submitted as Exhibit 2F.

8)      The site shall allow for, but no necessarily construct, a second means of access to the property north of the proposed (existing) site entrance on Old Amity Road as requested by the Fire Marshal.

9)      Prior to the Zoning Enforcement Officer signing off as required by the law, the exact location of the proposed building shall be staked in the field by the surveyor on this project.  This is due to the area of uncertainty as to the building size and location even as late as February 21 in the field.  No building permit should be issued unless and until the proposed building is properly field staked and the location of the building and the size of the building is confirmed by the ZEO and the owner’s surveyor.

10)  Items that are not shown on the applicant’s plans should be removed from the site unless approved by the Commission for use of this property.  These include numerous objects that are seemingly unrelated to the actual cement form operation.

11)  The application does not clearly propose outside storage.  The Commission should be clear as to what is proposed in this situation.  Excess materials not directly related to the actual proposed operations should be removed.

12)  The owner shall install any and all necessary Erosion and Sedimentation controls to the satisfaction of the applicant’s site engineer and the ZEO prior to the start of any site work.  Bonding for these controls shall be determined by the applicant’s site engineer.

13)  The owner should provide the Commission (ZEO) with a complete set of plans for the building as may be required by the Fire Marshal and the Building Official.

14)  The owner should supply an as-built (where-built) plan for the entire site prior to signoff for a C.O. and use of the building.  The cost of this may also be considered for bonding as directed by the Town Attorney in writing.

15)  The stone wall that exists along the eastern property line should remain in place and be repaired to the extent possible.

Vote 5 to 0.

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

Unanimous approval.

 

 

 

6.      33 Old Amity Road, Application #2015-023 submitted by Wayne Zirolli for Special Exception for Earth Removal, Excavation, Filling, Stockpiling and Grading

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Goldner to approve the following resolution for Application #2015-023:

 

Whereas, Manuel Preta, owner of the property, authorized Mr. Wayne Zirolli, P.E./L.S. to act as his agent for this application in a letter dated October 14, 2015;

 

Whereas, Wayne Zirolli applied on November 4, 2015, to the Bethany Planning and Zoning Commission for a Special Exception for Earth Removal, Excavation, Filling, Stockpiling and Grading Permit located at 33 Old Amity Road.  Said application is being presented in conjunction with Application #2015-020 -Two New Use Permits to operate a concrete business and to sell earth materials and cement; Application #2015-021 – Site Plan Approval for commercial development which includes a 170-foot by 80-foot building, associated site work and a 6-foot by 4-foot freestanding sign; Application #2015-022 – Special Exception Outside Storage;

 

Whereas, the public hearing for this Special Exception for Earth Removal, Excavation, Filling, Stockpiling and Grading Permit was opened on December 2, 2015, and was recessed twice to February 3, 2016, and March 2, 2016.  It was held in conjunction with the public hearings for Application #2015-020 -Two New Use Permits to operate a concrete business and to sell earth materials and cement; Application #2015-021 – Site Plan Approval for commercial development which includes a 170-foot by 80-foot building, associated site work and a 6-foot by 4-foot freestanding sign; Application #2015-022 – Special Exception Outside Storage;

 

Whereas, said public hearings for all of the aforementioned applications were closed on     March 2, 2016;

 

Whereas, the Commission, at their regular meeting of March 2, 2016, considered the plans, testimony and other pertinent application information relating to Application #2015-023 Special Exception for Earth Removal, Excavation, Filling, Stockpiling and Grading Permit; and

 

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

1.      The Commission received a letter dated June 2, 2015 from John Laudano, Quinnipiack Valley Health District representative, in which he states that he approves the septic plan with six employees.  The Commission subsequently received a letter dated December 2, 2015, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District in which they also indicate that the septic plan has been approved for a maximum of 6 employees.(Exhibit 1D)

 

 

 

2.      The Planning and Zoning Commission is in receipt of Permit #1241 dated September 3, 2015 from the Inland Wetlands Commission for the commercial development of this lot, including storage building and freestanding sign.  Subsequently, the Inland Wetlands Commission issued Permit # 1257 dated February 2, 2016, for a revised site plan for a new building footprint of 170-feet by 80-feet.(Exhibit 2E)

3.      The Commission received a letter dated January 5, 2016, from Rod White, Fire Marshal, in which he states that he reviewed the application and has signed off on the back of the application form indicating his approval.  He also stated that this approval does not in any way signify his approval for the occupancy meeting the Fire Safety Code.  It will be up to the applicant’s design professional to provide a detailed plan on how the occupancy will meet the current code at the time the building permit is reviewed.(Exhibit 1E)

4.      The Commission received a letter dated November 4, 2015, from Raymond Pantalone, Tree Warden, in which he stated that the bulk of the trees are located on Mr. Preta’s personal property.  Mr. Pantalone offered to mark the trees that are worth keeping for Mr. Preta.(Exhibit 1B)

 

Now Therefore Be It Resolved, that pursuant to Section 8 of the Bethany Zoning Regulations, effective October 30, 2015, the Bethany Planning and Zoning Commission approves Application #2015-023 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit located at 33 Old Amity Road in accordance with the following plans prepared by Wayne J. Zirolli, P.E./L.S. Engineering & Surveying, Litchfield, Connecticut:

·         “Site Plan”, dated July 13, 2015, revised to January 12, 2016, Drawing No. SP-1.

·         “Erosion & Sediment Control Plan”, dated October 1, 2015, revised to       January 12, 2016, Drawing No. ESP-1.

·         “Landscaping Plan”, dated July 13, 2015, revised to January 12, 2016, Drawing     No. LP-1.

·         “Site Lighting Plan”, dated October 1, 2016, revised to December 1, 2015, Drawing No. SLP-1.

·         “Site Plan Details & Notes” dated January 12, 2016, revised to January 12, 2016, Drawing No. DP-1.

 

And with the following modifications:

1)      The owner shall install any and all necessary Erosion and sedimentation controls to the satisfaction of the applicants’ site engineer and the Zoning Enforcement Officer prior to the start of any site work.  Bonding for these controls shall be determined by the applicant’s site engineer.

2)      The applicant’s engineer shall make special note of the proximity to the public water supply watershed area.

Vote 5 to 0.

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

Unanimous approval.

 

 

 

 

 

 

7.      Discuss future Land Use Plan (possible insertion in Town Plan of Conservation & Development)  The Commission scheduled a Special Meeting for March 30, 2016, at    7:00 p.m. in the Commission Meeting Room.   Tabled.

 

8.      Discussion regarding the rewriting of the current Zoning Regulations – The Commission scheduled a Special Meeting for March 30, 2016, at 7:00 p.m. in the Commission Meeting Room.  Tabled.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT

Tabled.

 

 

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 8:53 p.m.

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

Unanimous approval.

 

 

Respectfully submitted,