MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WE
The regular meeting of the Planning and Zoning Commission
was called to order at 7:07 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
Donna Shea, Member
Bradford Buchta, Alternate Member,
seated as a voting member
Carol
Lambiase, Alternate Member
Eric
McDonald, Alternate Member
The
following Commission Members were absent:
Doug Goldner, Member
Also present were:
Hiram
Peck, Planning Consultant
Isabel
Kearns, Zoning Enforcement Officer
ELECTION OF
OFFICERS
It was opened by Calhoun and seconded by Shea to nominate
Kim Brinton as Chairman of the Planning and Zoning Commission for the term of
July 2016 to June 2017.
Voting for: Sullivan, Calhoun, Shea, Buchta.
Unanimous
approval.
It was moved by
Sullivan and seconded by Calhoun to accept and approve the nomination of
Kimberly McClure Brinton as Chairman of the Planning and Zoning Commission for
the term of July 2016 to June 2017.
Voting for: Sullivan, Calhoun, Shea, Buchta.
Unanimous
approval.
It was opened by
Calhoun and seconded by Brinton to nominate Michael Sullivan as Vice-Chairman
of the Planning and Zoning Commission for the term of July 2016 to June 2017.
Voting for: Brinton, Calhoun, Shea, Buchta.
Unanimous
approval.
It was moved by Buchta
and seconded by Calhoun to accept and approve the nomination of Michael Sullivan
as Vice-Chairman of the Planning and Zoning Commission for the term of July
2016 to June 2017.
Voting for: Brinton, Calhoun, Shea, Buchta.
Unanimous
approval.
It was moved by Brinton
and seconded by Sullivan to accept and approve the nomination of Michael
Calhoun as Secretary of the Planning and Zoning Commission for the term of July
2016 to June 2017.
Voting for: Brinton, Sullivan, Shea, Buchta.
Unanimous
approval.
It was moved by Brinton
and seconded by Sullivan to accept and approve the nomination of Michael
Calhoun as Representative to the South Central Regional Planning Commission for
the term of July 2016 to June 2017.
Voting for: Brinton, Sullivan, Shea, Buchta.
Unanimous
approval.
APPROVAL OF MINUTES
It
was moved by Shea and seconded by Buchta to approve, as submitted, the minutes
of the August 3, 2016, Regular Meeting.
Abstaining were: Sullivan and
Calhoun.
Voting for: Brinton, Shea, Buchta.
Unanimous approval.
BILLS
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 August 2016, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
It
was moved by Calhoun and seconded by Sullivan to approve the payment of a bill
for $125.00, dated for September 7, 2016, from Anne Sohon for recording
services for the public hearing (591 Amity Road).
Voting for: Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
GENERAL CORRESPONDENCE
Letter from Bruce Loomis, Chairman, Bethany
Conservation Commission, dated August
15, 2016, Re: Conservation Commission
comments on review of Application #2016-013 for 591 Amity Road.
Copy of Inland Wetlands Permit #1263, approved on July
25, 2016, for a two-lot resubdivision located at 591 Amity Road.
Letter from Michael Katzmark, Water Source Officer,
Bethany Volunteer Fire Department, dated September 3, 2016, Re: Comments on review of proposed Application
#2016-013 for 591 Amity Road.
Email from Paul R. Jessell, Attorney for James
Woodward, dated August 30, 2016, Re:
Request for a second 90-day extension for filing the mylar for the
Five-lot Subdivision located at 48 Mesa Drive - Clifford Drive Estates.
Memo from Hiram Peck, Planning Consultant, dated July
29, 2016, revised and sent August 4, 2016, Re:
Lighted Signs in Business and Industrial Zone.
PUBLIC
HEARING
At 7:25 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 to speak at public hearing for this application was Mr.
Bill Walters of John Paul Garcia & Associates. Mr. Walters provided a brief presentation of
the proposed resubdivision. Mr. Walters
noted that he has received approval from Quinnipiack Valley Health District and
he believes John Paul Garcia has had a conversation with Bruce Loomis of the
Conservation Commission in regard to fees in lieu of open space
requirement. Also, Mr. Walters stated
there are a pond and a fire hydrant across the street in regard to the request
for a waiver of water source for fire protection.
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 Bruce
Loomis, Chairman, Bethany Conservation Commission, dated August 15, 2016, Re: Conservation Commission comments on review of
Application #2016-013 for 591 Amity Road.
Exhibit 1B - Copy of Inland
Wetlands Permit #1263, approved on July 25, 2016, for a two-lot resubdivision
located at 591 Amity Road.
Exhibit 1C - Letter from Michael
Katzmark, Water Source Officer, Bethany Volunteer Fire Department, dated
September 3, 2016, Re: Comments on
review of proposed Application #2016-013 for 591 Amity Road.
Chair Brinton stated there was not a receipt in the
application file from the applicant that notice was given to the neighbors of
the public hearing date.
The Commission would like to visit the site and have the
maple trees flagged, that were mentioned in a letter from Ray Pantalone, Tree
Warden, dated July 27, 2016. The
Commission scheduled the site visit for Wednesday, October 5, 2016, at 6:00
p.m. Commission members to meet at the
site.
Hiram Peck, Planning Consultant, would like to see breakdown
of buildable area.
Chair Brinton stated the Commission should look at the water
source for fire protection and the maple trees when visiting the site, discuss
fees in lieu for open space requirement and the applicant needs to submit
application fees and receipt of mailing.
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 7:53 p.m., it was moved by
Sullivan and seconded by Calhoun to continue the public hearing on the subject
application to the next regular meeting scheduled for Wednesday, October 5,
2016, at 7:15 p.m. in the Commission Meeting Room at the Bethany Town Hall.
Voting for: Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous
approval.
NEW
BUSINESS
696 Amity Road, Unit GL-3, Application
#2016-014 submitted by Mena Argentari for a Business Change of Use – Hair Salon
–
The Commission formally received the application. No one was present to speak on behalf of
this application.
Isabel Kearns, ZEO, gave a brief overview.
Also, 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 #2016-014:
Whereas, Mena Argentari applied on September 7, 2016, to the
Bethany Planning and Zoning Commission for a Business Change of Use Permit to
operate a hair salon located from Unit GL-3 at 696 Amity Road;
Whereas, Taro, LLC/Brian Botti, owner of Unit GL-3 at 696 Amity
Road, authorized Mena Argentari to apply to the Commission for the Business
Change of Use Permit to operate a hair salon in an email dated August 15, 2016;
Whereas, the Commission, at its regular meeting of September 7,
2016, considered the application information, statement of use, testimony and
other pertinent information relating to a request for the Change of Use Permit
to operate a hair salon in Unit GL-3 located at 696 Amity Road;
Whereas, the Commission finds the subject application in essential
compliance with the applicable regulations;
Now Therefore the Commission makes the following findings of fact:
John Laudano, Quinnipiack Valley Health District
Representative, signed off on the back of the application form on August 31,
2016, indicating his approval.
Rod White, Fire Marshal, sent an e-mail dated September
2, 2016, in which he states he has no problem with the hair salon being located
at 696 Amity Road, Unit GL3. However, he
states they will need a tenant fit out permit prior to occupying the building.
The Commission received a letter dated August 23, 2016,
from Ronald Walters of the South Central Connecticut Regional Water Authority
in which he states he has no comments.
Now Therefore Be It Resolved, that pursuant to Section 5.5.A. of
the Bethany Zoning Regulations, amended to October 30, 2015, the Bethany
Planning and Zoning Commission approves the Business Change of Use Permit to
allow a hair salon in Unit GL-3 located at 696 Amity Road (Application
#2016-014), as presented in the application, statement of use and testimony and
with the following conditions:
A building permit for an interior fit up must be
approved by the Building Official prior to any renovations to or occupancy of
the building.
The Fire Marshal must sign off prior to a certificate
of occupancy.
Vote 5 to 0.
Voting were: Brinton,
Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
Request from James Woodward for a 90-day
extension for filing the mylar for the Five-lot Subdivision located at 48 Mesa
Drive – Clifford Drive Estates –
No one was present to discuss this
item. Isabel Kearns, ZEO, stated this
will be the second and final request for an extension to file the mylar for the
subdivision.
The Commission discussed and
proceeded to deliberate. It was moved by
Sullivan and seconded by Buchta to approve the following motion:
Whereas, the
Planning and Zoning Commission, at its regular meeting of September 7, 2016, granted a second
90-day extension of time for the filing of the mylar for 5-lot subdivision of
48 Mesa Drive. Said extension is
scheduled to expire on September 23, 2016;
Whereas, the
Planning and Zoning Commission received an email dated August 30, 2016, from
Attorney Paul Jessell requesting a second 90-day extension of time to file the
mylar;
Now Therefore Be It
Resolved, the Commission grants the request for a second 90-day extension to file the mylar for the
5-lot subdivision of 48 Mesa Drive to commence on September 23, 2016 and expire
on December 22, 2016.
Vote 5 to 0.
Voting were: Brinton,
Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
5 Amity Road, Application #2016-015
submitted by Russell Hehn for an Additional Business Use – Sale of firearms
–
The Commission formally received the application. Present to speak on behalf of this
application was Russell Hehn, applicant.
Mr. Hehn stated he is not planning on owning a gun shop and
that the main reason is to purchase guns for the training he offers at this
location. Mr. Hehn is in the process of
obtaining his Federal Firearms License and will be ordering custom firearms for
his customers.
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 #2016-015:
Whereas, Russell Hehn applied on September 7, 2016, to the Bethany
Planning and Zoning Commission for an Additional Business Use Permit to allow
for the sale of firearms located at 5 Amity Road;
Whereas, William and John Ciola, authorized Russell Hehn to apply
for the necessary land-use permits for an Additional Business Use to allow for
the sale of firearms located at 5 Amity Road in a letter dated September 3,
2016;
Whereas, the Commission, at its regular meeting of September 7,
2016, considered the application information, statement of use, testimony and
other pertinent information relating to a request for an Additional Business
Use to allow for the sale of firearms located at 5 Amity Road;
Whereas, the Commission finds the subject application in essential
compliance with the applicable regulations;
Now Therefore the Commission makes the following findings of fact:
Lynn Fox, Quinnipiack Valley Health District
Representative, signed off on the back of the application form on August 31,
2016, indicating her approval.
Rod White, Fire Marshal, signed off on the back
of the application form on August 31, 2016, indicating his approval.
The Commission received correspondence from Ron
Walters of the South Central Connecticut Regional Water Authority dated
September 6, 2016, stating he has no comment.
Now Therefore Be It Resolved that pursuant to Section 5.5.A. of the
Bethany Zoning Regulations amended to October 30, 2015, the Bethany Planning
and Zoning Commission approves the Additional Business Use Permit to allow for
the sale of firearms located at 5 Amity Road (Application #2016-015), as
presented in the application, statement of use and testimony with the following
conditions:
A building permit for an interior fit up must be
approved by the Building Official prior to any renovations to or occupancy of
the building.
The Fire Marshal must sign off prior to a certificate
of occupancy.
Vote 5 to 0.
Voting were: Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous
approval.
OLD BUSINESS
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
– Hearing was continued to the next
regular meeting on October 5, 2016. Tabled.
696 Amity Road, Unit GL-4, Application
#2016-012 submitted by Jonathan Stafford for a Business Change of Use – Guitar
Shop (Killerburst Guitars LLC) –
The Commission formally received the application. No one was present to speak on behalf of this
application.
Isabel Kearns, ZEO, stated Mr.
Stafford did receive Quinnipiack Valley Health District approval but with a
comment that there will be no guitar lessons.
The Commission had concerns with this comment and chose not to enforce no
lessons unless Quinnipiack Valley Health District had a legitimate
concern. The Commission added this
statement in the resolution.
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 #2016-012:
Whereas, Jonathan Stafford applied on August 3, 2016, to the
Bethany Planning and Zoning Commission for a Business Change of Use Permit to
operate a retail store selling guitars and accessories related to guitars from
Unit GL-4 located at 696 Amity Road;
Whereas, Taro, LLC/Brian Botti, owner of Unit GL-4 located at 696
Amity Road, authorized Jonathan Stafford to apply to the Commission for the
change of use permit in an email dated July 29, 2016;
Whereas, the Commission, at its regular meeting of September 7,
2016, considered the application information, statement of use, testimony and
other pertinent information relating to a request for the Change of Use Permit
to operate a retail guitar and accessories shop in Unit GL-4 located at 696 Amity
Road;
Whereas, the Commission finds the subject application in essential
compliance with the applicable regulations;
Now Therefore the Commission makes the following findings of fact:
John Laudano, Quinnipiack Valley Health
Representative, signed off on the back of the application form on August 26,
2016, indicating his approval. He also
offered the following comments: no
guitar lessons and work hours are not limited by the health code.
Rod White, Fire Marshal, signed off on the back
of the application form on August 3, 2016, indicating his approval and
commenting: “May need new tenant fit out permit. All fire and building codes to be
followed. Inspection prior to C.O.”
The Commission received a letter dated August 3,
2016 from Ronald Walters of the South Central Connecticut Regional Authority in
which he states he has no comments.
Commission rescinds note for “no lessons at
location” unless Quinnipiack Valley Health District has a legitimate concern.
Now Therefore Be It Resolved, that pursuant to Section 5.5.A. of
the Bethany Zoning Regulations, amended to October 30, 2015, the Bethany
Planning and Zoning Commission approves the Business Change of Use Permit to
operate Killerburst Guitars in Unit GL-4 located at 696 Amity Road (Application
#2016-012, as presented in the application, statement of use and testimony with
the following condition:
A building permit for an interior fit up must be
approved by the Building Official prior to any renovations to or occupancy of
the building.
The Fire Marshal must sign off prior to a certificate
of occupancy.
Vote 5 to 0.
Voting were: Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous
approval.
Discuss future Land Use Plan (possible
insertion in Town Plan of Conservation & Development) –
Hiram Peck, Planning Consultant, asked
Commission members for input on possible village districts to be added to the
future Land Use Map. Tabled.
Discussion regarding the rewriting of
the current Zoning Regulations –
Hiram Peck, Planning Consultant, stated
he will have draft updated on lighted signs for discussion at the next regular
meeting on October 5, 2016. Tabled.
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, reported on the following:
Submitted
report on Building Permits dated September 1, 2016.
Briefly
discussed 275 Amity Road, Beletsky Garage.
Property is being taxed as commercial property from previous bus storage
use. At present time there is only
antique cars being stored and possibly use as landscaping garage for equipment.
ADJOURNMENT
It was moved by Sullivan and seconded
by Calhoun to adjourn the regular meeting at 8:55 p.m.
Voting were: Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
DNESDAY, SEPTEMBER
7, 2016 Page 1 of 10
