MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY
The regular meeting of the Planning and Zoning Commission
was called to order at 7:11 p.m.
in the Gymnasium 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
Donna Shea, Member
Bradford Buchta, Alternate Member,
seated as a regular member
Carol
Lambiase, Alternate Member
Eric
McDonald, Alternate Member, seated as regular member when Member Sullivan
left meeting at 9:59 p.m.
The
following Commission Member was absent:
Doug Goldner, Member
Also present were:
Hiram
Peck, Planning Consultant
Peter Olson, Special Counsel
Isabel
Kearns, Zoning Enforcement Officer
Kevin
McSherry, Town Attorney
APPROVAL OF MINUTES
It
was moved by Sullivan and seconded by Calhoun to approve the minutes of the May
4, 2016, Regular Meeting, with the following amendment:
Voting for: Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
It was moved by Buchta and seconded by Calhoun to
approve, as submitted, the minutes of the May 11, 2016, Special Meeting/Site
Visit/Hearing Continuation.
Voting for: Brinton, Calhoun, Shea, Buchta.
Sullivan abstained.
Unanimous approval.
It
was moved by Calhoun and seconded by Shea to approve, as submitted, the minutes
of the May 11, 2016, Special Meeting.
Voting for: Brinton, Calhoun, Shea, Buchta .
Sullivan abstained.
Unanimous approval.
BILLS
It was moved by Buchta and seconded by Sullivan to
approve the payment of $1,200.00 (monthly pro rata basis), for services
rendered for May 2016, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
It was moved by Buchta and seconded by Sullivan to
approve the payment of a bill for $125.00, dated for May 11, 2016, from Anne
Sohon for recording services for the public hearing (667-687 Amity Road).
Voting for: Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
It was moved by Sullivan and seconded by Shea to
approve the payment of a bill for $125.00, dated for June 1, 2016, from Anne
Sohon for recording services for the public hearings (392 Sperry Road, 4 Peck
Road, 667-687 Amity Road).
Voting for: Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
GENERAL CORRESPONDENCE
Letter from Ronald Walters, Senior Environmental
Analyst, dated May 31, 2016, Re: No
comment on review of application for 392 Sperry Road, accessory apartment.
Email from Michael Calhoun, Planning and Zoning
Commission member, dated May 13, 2016, Re:
Four photographs from site walk on May 11, 2016, of the property located
at 4 Peck Road.
Letter from James Sakonchick, to Rod White, Fire
Marshal, dated May 23, 2016, Re:
Response to Fire Marshal letter dated May 3, 3016, 4 Peck Road.
Letter from James Sakonchick, submitted May 27, 2016,
Re: Response comments to letter from
Hiram Peck, dated April 30, 2016, 4 Peck Road.
Letter from James Sakonchick, submitted June 1, 2016,
Re: What is Connecticut Statute
Requirements for units of comparable size and workmanship per Section 8-2g, 4
Peck Road.
Letter from Rod White, Fire Marshal, dated June 1,
2016, Re: Response to Mr. Sakonchick
email dated May 23, 2016, 4 Peck Road.
Letter from Dave Nafis, Town Engineer, dated June 1,
2016, Re: Comments on review of proposed
development at 4 Peck Road.
Report from F.A. Hesketh & Associates, to James
Sakonchick dated May 31, 2016, Re:
Traffic Impact Report, Hotchkiss Set-Aside Development, 4 Peck Road.
Letter from Quinnipiack Valley Health District, dated
June 1, 2016, Re: Comments on review of
Hiram Peck memo dated April 30, 2016, 4 Peck Road.
For
record of 667-687 Amity Road, copy of Final Report, Artificial Turf Study,
Leachate and Stormwater Characteristics, Connecticut Department of
Environmental Protection, July 2010.
Submitted
by John Paul Garcia, 4 pages of Certificate of Mailings regarding application
for 667-687 Amity Road, construction of soccer fields and building.
Letter
from John Paul Garcia, P.E./L.S., dated May 16, 2016, Re: Response to Nafis and Young letter dated May
6, 2016, and to ZEO letter dated April 1, 2016, 667-687 Amity Road.
Letter
from Nafis and Young, dated May 23, 2016, Re:
Comments on review of revised plans dated May 16, 2016, for 667-687
Amity Road.
Email
from James Woodward, dated May 27, 2016, Re:
Request for 90-day extension to file mylar for Clifford Drive Estates
off of Mesa Drive.
Letter
from Isabel Kearns, ZEO, dated May 20, 2016, to Christopher Lussier of 286
Falls Road, Re: Release of Violation
Notice for private dumps and junkyards.
Letter
from State of CT, Department of Economic and Community Development, dated May
18, 2016, Re: Coastal historic
preservation.
PUBLICATIONS AND WORKSHOPS
The Connecticut Landscape Architect, Spring
2016.
NEW
BUSINESS
It was moved by Calhoun and seconded
by Sullivan to add to the agenda the request from James Woodward, dated May 27,
2016, for a 90-day extension to file mylar for Clifford Drive Estates off of
Mesa Drive.
Voting for: Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous
approval.
Clifford Estates, off of Mesa Drive – It was moved by
Sullivan and seconded by Calhoun to grant the 90-day extension to file the
mylar for Clifford Estates off of Mesa Drive, submitted by James Woodward,
approved March 2, 2016.
Voting for: Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous
approval.
PUBLIC HEARING
At 7: 16 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 reviewed
the complete application file.
Present for this application was Mary-Michelle Hirschoff, applicant.
Isabel Kearns, ZEO, stated that the applicant is asking for
a 617 square foot area and the Zoning Regulations allow more square
footage. Ms. Kearns stated that the application meets
all the criteria and the applicant has received the necessary approvals.
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:
Exhibit 1A – Letter from Ronald
Walters, Regional Water Authority, dated May 31, 2016, Re: No comment on review of application for 392
Sperry Road, accessory apartment.
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 7:19 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, Buchta.
Unanimous
approval.
PUBLIC
HEARING
At 7:21 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
items relative to the subject application.
Exhibit identification was assigned as noted:
A. Exhibit
2A – Email from Michael Calhoun, Planning and Zoning Commission member,
dated May 13, 2016, Re: Four photographs
from site walk on May 11, 2016, of the property located at 4 Peck Road.
Exhibit 2B – Letter from James
Sakonchick, to Rod White, Fire Marshal, dated May 23, 2016, Re: Response to Fire Marshal letter dated May 3,
3016, 4 Peck Road.
Exhibit 2C - Letter from James
Sakonchick, submitted May 27, 2016, Re:
Response comments to letter from Hiram Peck, dated April 30, 2016, 4
Peck Road.
Exhibit 2D - Letter from James
Sakonchick, submitted June 1, 2016, Re:
What is Connecticut Statute Requirements for units of comparable size
and workmanship per Section 8-2g, 4 Peck Road.
Exhibit 2E - Letter from Rod
White, Fire Marshal, dated June 1, 2016, Re:
Response to Mr. Sakonchick email dated May 23, 2016, 4 Peck Road.
Exhibit 2F - Letter from Dave
Nafis, Town Engineer, dated June 1, 2016, Re:
Comments on review of proposed development at 4 Peck Road.
Exhibit 2G - Report from F.A.
Hesketh & Associates, to James Sakonchick dated May 31, 2016, Re: Traffic Impact Report, Hotchkiss Set-Aside
Development, 4 Peck Road.
Exhibit 2H - Letter from
Quinnipiack Valley Health District, dated June 1, 2016, Re: Comments on review of Hiram Peck memo dated
April 30, 2016, 4 Peck Road.
Exhibit 2I – Letter from James
Sakonchick, dated May 21, 2016, Re:
Opinion comments in Fire Marshal letter of May 3, 2016, 4 Peck Road.
Exhibit 2J – Letter from Michael
Katzmark, Water Source Officer for BVFD, dated June 1, 2016, Re: Concerns on proposed Application #2016-002, 4
Peck Road.
Exhibit 2K – Submitted by James
Sakonchick, a plan entitled, “Proposed Building Plans”, dated December 23,
2013, revised to May 22, 2016, prepared by Kratzert, Jones & Associates,
Inc., Milldale, Connecticut.
Exhibit 2L – Submitted by Bruce
Loomis of 11 Sabrina Drive, a plan with yellow notes attached, entitled
“Proposed Site Plan”, dated June 10, 2012, revised to January 30, 2016.
Exhibit 2M – Submitted by Donna
Gentile of 11 Peck Road, hand drawing of slope on Peck Road.
Exhibit 2N – Submitted Jason
McNevin of 18 Peck Road, five photographs of road in front of house at 4 Peck
Road.
James Sakonchick, owner and applicant for 4 Peck Road,
introduced himself and addressed the Commission.
Some of the areas Mr. Sakonchick reviewed are as follows:
Stated the proposal is for single family homes.
Submitted and reviewed revised plans entitled,
“Proposed Site Plan Map” revised to May 20, 2016, and “Proposed Building
Plans”, revised to May 22, 2016.
Reviewed letter regarding Connecticut Statute
requirements per
Section 8-2g. (Exhibit 2D)
Would like to read correspondence submitted as
Exhibits from Staff.
Also present for the applicant was Mr. Scott Hesketh of F.A.
Hesketh & Associates, Inc., East Granby, Connecticut, who reviewed his
“Traffic Impact Report” dated May 31, 2016 (Exhibit 2G).
Chair Brinton then read in order the names on the sign-up
sheets so that the public can comment.
The following public individuals and staff spoke:
Bruce Loomis of 11 Sabrina Drive and Chairman of
the Conservation Commission. Submitted
Exhibit 2L.
Michael Katzmark, Water Source Officer for BVFD,
reviewed Exhibit 2J.
Donna Gentile of 11 Peck Road. Submitted Exhibit 2M.
Jason MacNevon of 18 Peck Road. Submitted Exhibit 2N.
Mr. Sakonchick then returned to the podium and responded to
letters from Quinnipiack Valley Health District(Exhibit 2H), letter from Nafis
and Young(Exhibit 2F), letter from Rod White(Exhibit 2E) and letter from
Michael Katzmark(Exhibit 2J).
Commission members addressed the applicant with questions
relating to some of the following areas:
Peter Olson, Special Counsel, asked the applicant, Mr.
Sakonchick, if he would grant an extension to continue the public hearing. Attorney Olson explained that the Commission has
received new information which needs to be reviewed by the Commission’s
experts.
Mr. Sakonchick was not in favor of granting the extension to
continue the public hearing.
Attorney Olson then recommended the Commission close the
public hearing.
At 9:09 p.m., it was moved by Buchta and seconded by
Sullivan to close the public hearing on the subject application.
Voting for: Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous
approval.
Chair Brinton recessed the public hearing at 9:09 p.m. for a
brief break. The hearing commenced at 9:20
p.m.
PUBLIC
HEARING
Public
Hearing and possible action on the following Applications submitted by 667
Amity Road LLC/Matt Micros for property located at 667, 679, 681, 687 Amity
Road (to be heard together):
Application #2016-003 for a Site Plan
Approval to construct 2 outdoor soccer fields and a new building.
Application #2016-006 for a New Use
Permit to operate an office for soccer fields/sports use.
Application #2016-007 for a Special
Exception Earth Removal, Excavation, Stockpiling, Filling and Grading Permit.
At 9:20 p.m., Chair Brinton called the public hearing to
order. Roll call was taken. Chair
Brinton read the notice for continuation of 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:
Exhibit 2A – Submitted by John
Paul Garcia, 4 pages of Certificate of Mailings regarding application for
667-687 Amity Road, construction of soccer fields and building.
Exhibit 2B - Letter from John
Paul Garcia, P.E./L.S., dated May 16, 2016, Re:
Response to Nafis and Young letter dated May 6, 2016, and to ZEO letter
dated April 1, 2016, 667-687 Amity Road.
Exhibit 2C - Letter from Nafis
and Young, dated May 23, 2016, Re:
Comments on review of revised plans dated May 16, 2016, for 667-687
Amity Road.
Exhibit 2D - For record of
667-687 Amity Road, copy of Final Report, Artificial Turf Study, Leachate and
Stormwater Characteristics, Connecticut Department of Environmental Protection,
July 2010.
Exhibit 2E – Letter from John
Paul Garcia, P.E./L.S., dated June 1, 2016, Re:
Request for waiver of architectural renderings for 667-687 Amity Road.
Exhibit 2F – Submitted by Debra
Bostrom of 8 Donna Street, Beacon Falls, CT, three pages of signatures for
petition against the building of new soccer club, offices, and practice fields
at 667-687 Amity Road.
Exhibit
2G – Submitted by Barbara Soltis of 107 Poplar Drive, Shelton, CT, two
pages of article entitled, “Turf Wars:
Pros and Cons of Artificial Turf”.
Exhibit 2H – Submitted by Philip
Rokosa of 37 Falls Brook Road, Bristol, CT, three articles on artificial turf.
Exhibit 2I – Submitted by Philip
Rokosa of 37 Falls Brook Road, Bristol, CT, four pages of different Connecticut
Football League locations.
Present to speak on behalf of these applications were the
following:
John Paul Garcia, P.E., representing the applicant,
Matt Micros.
Matt Micros, applicant
Attorney Edward Farrell of Hamden, CT
Attorney Farrell introduced himself and stated to the
Commission that he is representing the applicant.
The next person to speak was Matt Micros, applicant, who
expressed his reasons for coming to Bethany and feels this proposal is a good
opportunity.
Next was John Paul Garcia, P.E./L.S. who noted the
following:
Submitted revised drawings dated May 16, 2016.
Will submit architectural renderings when submit
building application to Building Department.
There was discussion regarding the placement of
netting along Amity Road. Applicant is
willing to comply.
Commission members noted some of their concerns:
Contamination from the artificial turf.
Height of the berm. (Mr. Garcia stated berm has been lowered.)
Preliminary architectural plans. (Mr. Garcia submitted letter to waive request
Exhibit 2E).
Color of building to possibly match firehouse.
Height of the wall. (Mr. Garcia stated slightly modified 6 inches
or so.)
Chair Brinton asked if anyone from
the public would like to speak in favor of the application or against the
application.
The following individuals
spoke:
Bruce Loomis of 11 Sabrina Drive and Chairman of
the Conservation Commission.
Paul Gambardella of 259 Currier Drive, Orange,
CT
Ray Petruccelli of 40 Lacey Road, Bethany, CT
Eric Soltis of 107 Poplar Drive, Shelton, CT
Brian Ogrisek of 64 Gail Drive, Naugatuck, CT
Debra Bostrom of 8 Donna Street, Beacon Falls,
CT
Judith Smith of 34 Tawney Drive, Bethany, CT
David Tuttle of 2 William Lane, Seymour, CT
Randy Warner of 50 Miller Road, Bethany, CT
Barbara Soltis of 107 Poplar Drive, Shelton, CT
Jocelyn Grzywacz of 40 Morrell Avenue, Milford,
CT
Philip Rokosa of 37 Falls Brook Road, Bristol,
CT
Tony Luciani of 1733 Litchfield Turnpike,
Woodbridge, CT
Mr. Garcia stated there are no requirements for a traffic
study.
At 9:59 p.m., it was moved by
Calhoun and seconded by Buchta to close the public hearing on the subject
application.
Voting for: Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous
approval.
Member Michael Sullivan left the
regular meeting at 9:59 p.m. Chair
Brinton seated Eric McDonald as a
voting member in Member Sullivan’s absence.
OLD BUSINESS
4 Peck Road, Application #2016-002
submitted by James Sakonchick to obtain Site Plan Approval of “Set-Aside
Development” for new construction of a 4 Unit Multi-Family Dwelling in
accordance with CGS 8-30g – The Commission scheduled a Special meeting
for work session on Wednesday, June 22, 2016, at 7:00 p.m. in the Commission
Meeting Room. Tabled.
6 Sargent Drive, Application #2016-008
submitted by Station-Glo of New England for a permit to install a monument sign
–
Present for this application was John
LeClerc, representative from Station-Glo of New England. Mr. LeClerc submitted a photograph of an
example of an internally lit sign, dated June 1, 2016.
Mr. LeClerc granted a 37-day
extension for the Commission to act on said application.
The Commission added this item to the
agenda for the Special Meeting scheduled for Wednesday, June 22, 2016, at 7:00
p.m. in the Commission Meeting Room. Tabled.
667, 679, 681, 687 Amity Road, Application #2016-003 submitted by 667
Amity Road LLC- Matt Micros for a Site Plan Approval to construct two outdoor
soccer fields and a new building – The Commission scheduled a Special
meeting for discussion and possible action on this application for Wednesday,
June 22, 2016, at 7:00 p.m. in the Commission Meeting Room. Tabled.
667, 679, 681, 687 Amity Road, Application #2016-006 submitted by 667
Amity Road LLC-Matt Micros for a New Use Permit – Office for soccer fields,
sports use –
The Commission
scheduled a Special meeting for discussion and possible action on this
application for Wednesday, June 22, 2016, at 7:00 p.m. in the Commission
Meeting Room. Tabled.
667, 679, 681, 687 Amity Road, Application #2016-007 submitted by 667
Amity Road LLC-Matt Micros for a Special Exception Earth Removal, Excavation,
Stockpiling, Filling and Grading Permit – The Commission scheduled a
Special meeting for discussion and possible action on this application for
Wednesday, June 22, 2016, at 7:00 p.m. in the Commission Meeting Room. Tabled.
392 Sperry Road, Application #2016-010
submitted by Mary-Michelle Hirschoff for a Special Exception Permit for an
Accessory Apartment –
Isabel Kearns, ZEO, prepared a draft
resolution. Commission members discussed
and proceeded to deliberate.
It was moved by Calhoun and
seconded by McDonald to approve the following resolution for Application
#2016-010:
Whereas, Mary-Michele Hirschoff applied to the Planning and Zoning Commission
on May 3, 2016 for a Special Exception
Permit for a 617 square foot accessory apartment to be located within a
portion of the basement of the existing home located at the property known as 392 Sperry Road;
Whereas, the Planning and Zoning Commission opened a
public hearing on Application #2016-010 for a Special Exception for an
accessory apartment located at 392 Sperry Road on June 1, 2016. Said hearing was closed at the conclusion of
testimony that same evening;
Now therefore, the Planning and Zoning Commission makes
the following findings of fact and decisions regarding the application:
- Kristin Amadeo, Quinnipiack Valley
Health District Representative, signed off on the back of the application
form on May 2, 2016 indicating her approval of the accessory apartment.
- The Commission received correspondence
dated May 31, 2016, from Ronald Walters, South Central Connecticut
Regional Water Authority Representative, in which he states he has no
comment.
- Roderick White, Fire Marshal, signed off
on the back of the application form on
June 1, 2016 indicating his approval.
- The application and Statement of Use
dated May 3, 2016, demonstrates that the proposed accessory apartment
would contain only 617 square feet of living space, and the Town of
Bethany Zoning Regulations allows a maximum of 700 square feet of living
space.
Now Therefore Be
It Resolved, that pursuant
to Section 4.4.J. of the Bethany Zoning Regulations, amended to October 30,
2015, the Bethany Planning and Zoning Commission approves the application of
Mary-Michele Hirschoff for a Special Exception Permit for a 617 square foot accessory apartment (Application
#2016-010) as shown on the floor
plan submitted May 3, 2016, and as per the statement of use also dated May 3,
2016.
And with the
following conditions:
The
owner of the property shall provide to the Commission an annual affidavit, due
prior to occupancy of the apartment and during the month of January each year,
to the effect that the accessory apartment continues to be in full compliance
with Section 4.4.J. of the Bethany Zoning Regulations.
A
building permit for the accessory apartment must be submitted and approved by
the building official prior to any construction.
Voting for: Brinton, Calhoun,
Shea, Buchta, McDonald.
Unanimous
approval.
Discuss future Land Use Plan (possible
insertion in Town Plan of Conservation & Development) – Tabled.
Discussion regarding the rewriting of
the current Zoning Regulations – Tabled.
ZONING ENFORCEMENT OFFICER’S REPORT – Tabled.
ADJOURNMENT
There being no further business to
come before the Commission, it was moved by Calhoun and seconded by McDonald to
adjourn the regular meeting at10:45 p.m.
Voting for: Brinton, Calhoun,
Shea, Buchta, McDonald.
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
, JUNE 1,
2016 Page 1 of 11
