MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING

The regular meeting of the Planning and Zoning Commission was called to order at  

7:04 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

            Michael Calhoun, Member

            Doug Goldner, Member

            Donna Shea, Member

            Bradford Buchta, Alternate Member

Carol Lambiase, Alternate Member

            Eric McDonald, Alternate Member

 

The following Commission Members were absent:

 

Also present were:

             Hiram Peck, Planning Consultant

             Isabel Kearns, Zoning Enforcement Officer

 

 

APPROVAL OF MINUTES

            

1. It was moved by Calhoun and seconded by Shea to approve, as submitted, the minutes of the September 7, 2016, Regular Meeting.
   Abstaining was:  Goldner.
   Voting for:  Brinton, Sullivan, Calhoun, Shea.

Unanimous approval.

 

 

BILLS

 

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

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

Unanimous approval.

 

1. It was moved by Calhoun and seconded by Sullivan to approve the payment of a bill for $125.00, dated for October 5, 2016, from Anne Sohon for recording services for the public hearing (591 Amity Road).
   Voting for:  Brinton, Sullivan, Calhoun, Shea, Goldner.

Unanimous approval.

 

 

 

 

 

 

 

 

GENERAL CORRESPONDENCE

 

1. Letter from Michael Katzmark, Water Source Officer for Bethany Volunteer Fire Department, revised September 8, 2016, Re:  Comments on review of Application  #2016-013, waiver request for water source for 591 Amity Road.
2. Email from John Laudano of QVHD, dated September 15, 2016, Re:  696 Amity Road, Unit GL4, guitar lessons.
3. Letter from Isabel Kearns, ZEO, to Kamm Realty, LLC owner of 28 Old Amity Road, dated September 13, 2016, Re:  Notice of Violation, parking of trailer at 28 Old Amity Road.
4. Letter from Isabel Kearns, ZEO, to Ikonomou Family owner of 28 Johnson Road, dated September 27, 2016, Re:  Notice of Violation, trespass lighting at 28 Johnson Road.
5. Letter from Prospect Planning and Zoning Commission, dated September 27, 2016, Re:  Proposed revisions to Prospect Zoning Regulations.
6. Email from Center for Land Use Education and Research, dated September 19, 2016, Re:  Land Use Academy Advanced Training, October 22, 2016.

 

 

PUBLIC HEARING

 

• 591 Amity Road, Application #2016-013 submitted by Tammy Ronan for a Two-lot Resubdivision, waiver request for the provision of open space and waiver request for water source for fire protection -
   

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

 

Chair Brinton stated that the Commission visited the site at 6:00 p.m. this evening.

 

Present to speak at the public hearing continuation for this application was Mr. John Paul Garcia, P.E./L.S. representing the applicant.  Mr. Garcia stated there was a question regarding the fee in lieu of open space and that 8 acres will be open which should satisfy the requirement for open space.   Mr. Garcia feels the application was submitted in accordance with the Subdivision Regulations.

 

Commission members discussed the fees in lieu of open space and the recommendation from the Conservation Commission in a letter dated August 15, 2016.  Also, the Commission discussed the possibility of a trail easement and sidewalks in that area by the Town.

 

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:

1. Exhibit 2A – Letter from Michael Katzmark, Water Source Officer for Bethany Volunteer Fire Department, revised September 8, 2016, Re:  Comments on review of Application  #2016-013, waiver request for water source for 591 Amity Road.

 

 

 

 

 

 

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

 

At 7:40 p.m., it was moved by Sullivan and seconded by Calhoun to close the public hearing on the subject application.

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

Unanimous approval.

 

 

NEW BUSINESS

 

1. 696 Amity Road, Unit A-9, Application #2016-016 submitted by Keyur Patel for a Business Change of Use – Liquor Store –
    

No one was present to speak on behalf of this application.

 

Isabel Kearns, ZEO, stated the applicant has not received Quinnipiack Valley Health District approval at this time.

Tabled.

 

 

OLD BUSINESS

 

1. 591 Amity Road, Application #2016-013 submitted by Tammy Ronan for a Two-lot Resubdivision, waiver request for the provision of open space and waiver request for water source for fire protection – 
    
   Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.
    
   It was moved by Sullivan and seconded by Calhoun to grant the following waiver request:

Waiver of Fire Suppression Water Source:  This application reflects a request for a waiver of the fire suppression water source as required by Section 11.5 of the Subdivision Regulations.  Michael Katzmark, Water Source Officer, in a letter dated September 3, 2016 (revised September 8) stated that “After reviewing the plans, the Bethany Volunteer Fire Department has the following concerns and will approve the documents as submitted: 1)The driveway configuration appears to currently meet the Town’s driveway specifications.  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 ways that have a number that is clearly visible from the driveway.  This is to help elevate emergency services from accessing the wrong driveway and not being able to provide adequate services to the residence in a timely fashion.  3) The request to waive the requirement to install a water source is acceptable to the fire department providing the agent of record provides a letter stating, ‘All building lots are to be within 2,000 road feet of a fire department water source connection, as required by Section 11.5 of the Subdivision Regulations.’”  The waiver is hereby granted.

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

Unanimous approval.

 

It was moved by Sullivan and seconded by Calhoun to grant the following waiver request:

Open Space:  This application reflects a request for a waiver of the open space requirement found in Section 11.4 of the Subdivision Regulations.  The Commission received a letter from Bruce Loomis, Conservation Commission Chairman, dated August 15, 2016, in which he states the Commission does not support the granting of an open space waiver.  He encourages the PZC to work with the applicant to arrive at an alternative method of satisfying the requirement and strongly recommend that the “fee in lieu” option be agreed upon.  The waiver is hereby granted.                        .

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

Unanimous approval.

 

It was moved by Sullivan and seconded by Calhoun to approve the following resolution for the 2-Lot Resubdivision:

 

Whereas, The West Haven Court of Probate named Tammy V. Ronan to act as Thomas Vitagliano, et als, fiduciary in a document dated May 23, 2016;

 

Whereas, Tammy Ronan subsequently authorized John Paul Garcia to apply for the necessary zoning and building permits associated with the 2-lot resubdivision of 591 Amity Road in a document dated August 24, 2016;

 

Whereas, John Paul Garcia applied for a 2-lot resubdivision of 591 Amity Road on August 1, 2016;

 

Whereas, a public hearing was opened on September 7, 2016 and was recessed and continued to October 5, 2016, and then closed on October 5, 2016;

 

Whereas, the Commission, at a regular meeting also held  on September 7, 2016, considered the maps, testimony, and other pertinent application information relating to a request for a    2-lot subdivision of 591 Amity Road;

 

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

1. The Planning and Zoning Commission received a letter dated April 28, 2016, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District stating that the 4-bedroom dwellings proposed on Lots 1 and 2 were found to meet the minimum requirements of the applicable Connecticut Public Health Code.
2. Permit #1263 for a 2-lot resubdivision of 591 Amity Road was approved by the Inland Wetland Commission on July 25, 2016.                 
3. The Commission received correspondence dated August 15, 2016, from Bruce Loomis, Chair of the Conservation Commission.  Mr. Loomis did not recommend granting the waiver of open space.  He recommends that the applicant and the Commission work together to satisfy the open space requirement and strongly recommends “fee in lieu” of open space.
    
    
    
4. The Planning and Zoning Commission received a letter dated April 26, 2016, from Ron Walters of the South Central Connecticut Regional Water Authority in which he states:  1) Erosion controls should be installed prior to any site work.  Controls should be inspected weekly and after each rainfall.  2) The wetland buffer area should be maintained in a relatively natural state and the use of lawn care chemicals should be avoided.  3) If excavated materials are stored on site, erosion controls should be installed around the excavated material.  4) If residences are to be heated with fuel oil, it should be stored above-ground.  Fuel storage tanks and associated piping in the basement should be segregated from floor drains and sump pumps to prevent spills and leaks from discharging to the environment.  5) All paint, oil and other hazardous materials should be stored in a secondary container and removed to a locked indoor area with an impervious floor during non-work hours.
5. The Planning and  Zoning Commission received a letter dated September 3, 2016, revised September 8, 2016, from Michael Katzmark, Water Source Officer for the Bethany Volunteer Fire Department in which he stated that the driveways configurations appear to meet the Town’s driveway specifications.  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 driveway will be guided to the given address.  Each structure shall have a number that is clearly visible from the driveway.
6. The Planning and Zoning Commission received a letter from Ray Pantalone, Tree Warden, dated July 27, 2016, in which he states that he would like to see the red maples near the driveway saved.
   Now Therefore Be It Resolved, that pursuant to the Subdivision Regulations of the Town of Bethany, amended to February 4, 2015, Application #2016-013, for a 2-Lot resubdivision of 591 Amity Road located in the R-65 Zone, is approved, in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:

1. “Resubdivision Map”, dated July 30, 2015, revised to July 27, 2016, Drawing        No. C-1.
2. “Proposed Site Plan”, dated July 30, 2015, revised to July 27, 2016,  Drawing        No. C-2.
3. “Erosion & Sediment Control Plan and Typical Details”, dated July 30, 2015, revised to July 27, 2016, Drawing No. C-3.
4. “Septic Plan”, dated July 30, 2015, revised to April 19, 2016, Drawing No. C-4.

 

And with the following modifications:

 

1. Iron pins shall be located at all corners or angles the lots.  An estimate for the cost of the installation of pins shall be submitted and must be approved by Town Engineer, Nafis & Young.  The amount of the bond for the iron pins must be approved by Town Engineer and be in a form acceptable to Town Counsel.
2. A note shall be placed on the mylar stating, “Any deviations from the site plans shall result in the need for a new site plan review and approval from the Planning & Zoning Commission”.
    
    
3. Per the letter from Ray Pantalone, Tree Warden, dated July 27, 2016, every attempt should be made to save the cluster of Maple trees near the two driveways.
4. The Planning and Zoning Commission received a letter dated April 26, 2016, from Ron Walters of the South Central Connecticut Regional Water Authority in which he states:  1) Erosion controls should be installed prior to any site work.  Controls should be inspected weekly and after each rainfall.  2) The wetland buffer area should be maintained in a relatively natural state and the use of lawn care chemicals should be avoided.  3) If excavated materials are stored on site, erosion controls should be installed around the excavated material.  4) If residences are to be heated with fuel oil, it should be stored above-ground.  Fuel storage tanks and associated piping in the basement should be segregated from floor drains and sump pumps to prevent spills and leaks from discharging to the environment.  5) All paint, oil and other hazardous materials should be stored in a secondary container and removed to a locked indoor area with an impervious floor during non-work hours.
5. The Planning and  Zoning Commission received a letter dated September 3, 2016, revised September 8, 2016, from Michael Katzmark, Water Source Officer for the Bethany Volunteer Fire Department in which he stated that the driveways configurations appear to meet the Town’s driveway specifications.  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 driveway will be guided to the given address.  Each structure shall have a number that is clearly visible from the driveway.

Vote 5 to 0.

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

Unanimous approval.

 

 

1. Discuss future Land Use Plan (possible insertion in Town Plan of Conservation & Development) –
    
   Hiram Peck, Planning Consultant, discussed with Commission members the 4 areas for possible village districts for the Land Use Map.  Hiram will prepare some standards for the zones for the next meeting or the following.  Tabled.
    
2. Discussion regarding the rewriting of the current Zoning Regulations –

 

Hiram Peck, Planning Consultant, submitted draft amendment to the Zoning Regulations for Section 7 – Signs - Basic Standards, for public hearing.  It was moved by Sullivan and seconded by Calhoun to schedule a public hearing date for the Zoning Regulation amendment on Wednesday, December 7, 2016, at 7:15 p.m. in the Commission Meeting Room, Bethany Town Hall.

 

Also, Mr. Peck submitted for the Commission’s review, Section 1 and Section 2 of the 2016 Draft Zoning Regulations.  Tabled.

 

 

 

 

 

 

 

 

ZONING ENFORCEMENT OFFICER’S REPORT –

Isabel Kearns, ZEO, reported on the following:       

• Submitted report on Building Permits dated October 3, 2016.

 

 

ADJOURNMENT

 

It was moved by Sullivan and seconded by Shea to adjourn the regular meeting at 8:40 p.m.

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

Unanimous approval.

 

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission

 

 

 

OF WEDNESDAY, OCTOBER 5, 2016            Page 1 of 8