Tuesday, January 24, 2017


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDN
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
            Doug Goldner, Member
Carol Lambiase, Alternate Member
 
The following Commission Members were absent:
            Bradford Buchta, Alternate Member
            Eric McDonald, Alternate Member
 
Also present was:
             Hiram Peck, Planning Consultant
             Isabel Kearns, Zoning Enforcement Officer
             Kevin McSherry, Town Attorney
 
 
APPROVAL OF MINUTES                 
            
  1. It was moved by Calhoun and seconded by Shea to approve, as submitted, the minutes of the November 2, 2016, Regular Meeting.
    Abstaining:  Sullivan, Goldner.
    Voting for:  Brinton, Calhoun, Shea, Lambiase.
Unanimous approval.
 
  1. It was moved by Calhoun and seconded by Sullivan to approve, as submitted, the minutes of the November 17, 2016, Special Meeting.
    Abstaining:  Goldner.
    Voting for:  Brinton, Sullivan, Shea, Lambiase.
    Unanimous approval.
     
     
BILLS
 
  1. It was moved by Calhoun and seconded by Sullivan to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for November 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 December 7, 2016, from Anne Sohon for recording services for the public hearing (153 Amity Road).
Voting for:  Brinton, Sullivan, Calhoun, Shea, Goldner.
Unanimous approval.
 
 
GENERAL CORRESPONDENCE
 
  1. Letter from Nancy McCarthy, Town Clerk, dated November 15, 2016, Re:  2017 Regular Meeting schedule with attached draft 2017 Schedule prepared by PZC Clerk.
    It was moved by Sullivan and seconded by Shea to approve the draft 2017 Regular Meeting Schedule prepared by the PZC Clerk to be submitted to the Town Clerk.
Voting for:  Brinton, Sullivan, Calhoun, Shea, Goldner.
Unanimous approval.
 
  1. Letter from Regional Planning Commission of the Naugatuck Valley Council of Governments, dated October 26, 2016, Re:  Comments on proposed amendment to add Subsection 7.3.1. Special Exception for lighted signs in the B&I Zone to the Zoning Regulations.
  2. Letter from the South Central Connecticut Regional Planning Commission, dated November 14, 2016, Re:  Comments on proposed amendment to Zoning Regulation regarding lighted signs.
  3. Letter from Conservation Commission, dated November 17, 2016, Re:  Comments on proposed Zoning Regulation amendment (signs).
  4. Letter from the South Central Connecticut Regional Water Authority, dated       November 22, 2016, Re:  Proposed Zoning Amendment to add Section 7.3.1. - lighted signs.
  5. Letter from Isabel Kearns, Zoning Enforcement Officer, dated February 29, 2016, Re:  Comments on review of 153 Amity Road.
  6. Copy of draft Inland Wetlands Commission Minutes from regular meeting on    November 28, 2016, showing approval of IW Permit #1265 for 153 Amity Road, Site Plan Approval.
  7. Letter from Nafis and Young, dated December 1, 2016, Re:   Comments on review of plans for 153 Amity Road.
  8. Letter from Rod White, Fire Marshal, dated December 7, 2016, Re:  Comment on applications for 153 Amity Road.
  9. Email from Keyur Patel, dated November 8, 2016, Re:  Withdrawal of application for 696 Amity Road, Unit 9A for a Change of Use.
  10. Letter from Isabel Kearns, ZEO, to Corey Humpage and Susan Berger of 140 Russell Road, dated November 9, 2016, Re:  Zoning Inquiry – wood-cutting operation.
  11. Letter from Isabel Kearns, ZEO, to US Bank owner of 95 Gaylord Mountain Road, dated November 11, 2016, Re:  Notice of Violation – outside storage/junk yards.
  12. Letter from Isabel Kearns, ZEO, to John Zurolo owner of 12 Anthony Court, dated December 5, 2016, Re:  Notice of Violation – erected structure without permit.
 
 
 
 
 
PUBLIC HEARING
 
  • Proposed amendment to Section 7 – Signs and Parking & Loading Regulations – to add Subsection 7.3.1. – Special Exception for lighted signs in the Business and Industrial Zone -
At 7:15 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 contents of the application file.
 
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 1A – Letter from Regional Planning Commission of the Naugatuck Valley Council of Governments, dated October 26, 2016, Re:  Comments on proposed amendment to add Subsection 7.3.1. Special Exception for lighted signs in the B&I Zone to the Zoning Regulations.
  2. Exhibit 1B –Letter from the South Central Connecticut Regional Planning Commission, dated November 14, 2016, Re:  Comments on proposed amendment to Zoning Regulation regarding lighted signs.
  3. Exhibit 1C –Letter from Conservation Commission, dated November 17, 2016, Re:  Comments on proposed Zoning Regulation amendment (signs).
  4. Exhibit 1D –Letter from the South Central Connecticut Regional Water Authority, dated November 22, 2016, Re:  Proposed Zoning Amendment to add Section 7.3.1. - lighted signs.
  5. Exhibit 1E – Submitted by Michael Kaloyanides, copy of two-page document entitled, “Rural Is Beautiful”.
  6. Exhibit 1F – Submitted by Michael Kaloyanides, copy of three-page document entitled, “Town of Bethany, Connecticut, Zoning Regulation Amendments Concerning Outdoor Lighting.”
 
Hiram Peck, Planning Consultant, stated this amendment was prepared as requested by the Commission due to an applicant in the Business and Industrial Zone proposing a lighted sign.
 
Chair Brinton asked if anyone from the public would like to speak in favor of the application or against the application.    The following members of the public spoke:
    • Michael Kaloyanides of 150 Litchfield Turnpike, Bethany – Submitted Exhibit 1E and Exhibit 1F.
    • Patricia Winer of 9 Carrington Road, Bethany.
 
Some items noted in discussion by the Commission were:
  • Specific measurement of signs.
  • Rolling text signs.
  • No flashing or colored signs?
 
Mr. Peck will get more information to the Commission before the next regular meeting.
 
At 7:42 p.m., it was moved by Calhoun and seconded by Sullivan to recess the public hearing and continue it to the next Regular Meeting on Wednesday, January 4, 2017, at 7:15 p.m.
Unanimous approval.
 
 
PUBLIC HEARING
 
  • The following applications submitted by Mark Sette for his property located at     153 Amity Road will be heard together:
  1. Application #2016-018 for a Special Exception to create a dwelling unit within the storage building.
  2. Application #2016-019 for a Site Plan Approval and Free-Standing Sign.
  3. Application #2016-020 for a New Business Use – Masonry.
  4. Application #2016-021 for a Special Exception Earth Removal, Excavation, Stockpiling, Filling & Grading Permit.
     
At 7:43 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 application files.
 
Present to speak at the public hearing for this application was Alan Shepard, P.E. of Nowakowski, O’Bymachow, Kane representing the applicant, Mark Sette.
 
In discussion, some items Mr. Shepard noted were:
    • Buildings are staked out on property for site visit.
    • Mr. Sette would like to live in one of the buildings.
    • Inland Wetlands Approval on November 28, 2016.  Need to modify plans.
    • Will rent some space out in second building.
    • His business (masonry) will be in first building with living space.
 
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 1A –Letter from Isabel Kearns, Zoning Enforcement Officer, dated   February 29, 2016, Re:  Comments on review of 153 Amity Road.
  2. Exhibit 1B – Copy of draft Inland Wetlands Commission Minutes from regular meeting on November 28, 2016, showing approval of IW Permit #1265 for            153 Amity Road, Site Plan Approval.
  3. Exhibit 1C – Letter from Nafis and Young, dated December 1, 2016, Re:   Comments on review of plans for 153 Amity Road.
  4. Exhibit 1D – Letter from Rod White, Fire Marshal, dated December 7, 2016, Re:  Comment on applications for 153 Amity Road.
 
Hiram Peck, Planning Consultant mentioned that the Commission should be specific about owner/operator living in the proposed facility, such as requiring a letter of certification that the owner lives on the property.
 
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.
                
The Commission scheduled a Site Visit/Hearing Continuation/Special Meeting for Saturday, December 17, 2016.  Commission members to meet at the site at 8:30 a.m.
 
 
 
 
At 8:04 p.m., it was moved by Sullivan and seconded by Calhoun to recess the public hearing and continue it to the next Regular Meeting on Wednesday, January 4, 2017, at
7:15 p.m.
Voting for:  Brinton, Sullivan, Calhoun, Shea, Goldner.
Unanimous approval.
 
 
NEW BUSINESS
 
  1. Discussion with Town Attorney regarding open space and coordination issues –
 
Present for this discussion was Town Attorney Kevin McSherry.  Attorney McSherry stated that the Commission has concerns regarding open space issues or fee in lieu of open space.  Attorney McSherry offered clarification.
 
During discussion, some items noted by Attorney McSherry were:
    • Planning and Zoning Commission is the authority and only accepts recommendations from other Boards or Commissions.
    • Build into the Subdivision Regulations more specific criteria on the open space that would help the Commission make a decision.  Would have to revise Subdivision Regulations.  Will supply some ideas that the Commission can incorporate.
 
Hiram Peck, Planning Consultant,  mentioned that a brief policy document be prepared that talks about communication/coordination with regard to open space issues which would keep other commissions and staff aware of how the policy works.
Tabled.
 
 
  1. Discussion with A.J. Grasso regarding architectural renderings for soccer club – 667-681 Amity Road –
 
Present for this discussion was Matt Micros, property owner and John Paoletti, contractor.
 
Some items noted during discussion were:
    • Submitted to the Commission color chart with chosen color of siding for building and trim.
    • Submitted structural plans for building.
    • Submitted proposed photograph of building.
    • Builder would like to apply for building permit as soon as possible due to winter.
    • Commission needs to see landscaping plan.
    • Commission needs to see the location of netting and how high will be placed.
 
The Commission discussed the condition #10 of the approval dated June 22, 2016, which has not been completed, “The Commission waived the requirement for the submission of architectural renderings at this time but the applicant shall be required to submit architectural renderings, plans for changing the screening and further information on the field surface prior to the issuance of a building permit by the Zoning Enforcement Officer.”
 
 
 
There was extensive discussion on the fact that this condition needs to be completed.  The Commission scheduled a Special Meeting for Wednesday, December 14, 2016, at 7:00 p.m. so that the owner can supply the Commission with the required information so that Condition #10 will be completed.
 
Also present was Jason Smollet, who discussed the “FieldTurf” surface to be used for the fields.  Mr. Smollet submitted a technical report, letter from The Commonwealth of Massachusetts, dated March 23, 2015, regarding the artificial turf fields, and letter from State of Connecticut, Department of Public Health dated January 20, 2015, Re:  Recent news concerning artificial turf fields.
Tabled.
 
 
  1. Discussion regarding pony business at 788 Amity Road –
 
Present for this discussion was Anthony Vallillo, owner of record for 788 Amity Road.      Mr. Vallillo would like to put a shed for ponies on the property to keep them warm in the winter.  Also, Mr. Vallillo stated his daughter, Meredith that lives on the property does conduct pony parties but not on the subject property. 
 
The Commission determined per the Zoning Regulations, Mr. Vallillo will have to submit an application for a Special Exception for a Boarding Stable because of the commercial business in a residential zone.  The Commission will add this item to the Special Meeting scheduled for December 14, 2016, to receive the application and schedule a public hearing date.
 
 
OLD BUSINESS
 
  1. 696 Amity Road, Unit A-9, Application #2016-016 submitted by Keyur Patel for a Change of Use to liquor store –
The Commission received an email from Keyur Patel, dated November 8, 2016, Re:  Withdrawal of application for 696 Amity Road, Unit 9A for a Change of Use.  Application withdrawn.
 
  1. Proposed amendment to Section 7 – Signs and Parking & Loading Regulations – to add Subsection  7.3.1 – Special Exception for lighted signs in the B&I Zone - Public hearing scheduled for December 7, 2016 – Tabled to next regular meeting on January 4, 2017.
 
  1. 153 Amity Road, Application #2016-018 submitted by Mark Sette for a Special Exception Permit to create a dwelling unit with the storage building – Tabled to next regular meeting on January 4, 2017.
 
  1. 153 Amity Road, Application #2016-019 submitted by Mark Sette for a Site Plan Approval for 2 Storage Buildings and a Free-standing Sign – Tabled to next regular meeting on    January 4, 2017.
 
  1. 153 Amity Road, Application #2016-020 submitted by Mark Sette for a New Business Use – Masonry – Tabled to next regular meeting on January 4, 2017.
 
 
 
 
 
  1. 153 Amity Road, Application #2016-021 submitted by Mark Sette for a Special Exception Earth Removal, Excavation, Stockpiling, Filling and Grading Permit – Tabled to next regular meeting on January 4, 2017.
 
  1. Discuss future Land Use Plan (possible insertion in Town Plan of Conservation & Development) – Hiram Peck, Planning Consultant, stated he will have a draft for the next regular meeting on January 4, 2017.  Tabled.
     
  2. Discussion regarding the rewriting of the current Zoning Regulations – Will discuss signage comments at the next regular meeting on January 4, 2017.  Tabled.
 
 
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, reported on the following:       
  • Submitted report on Building Permits dated December 7, 2016.
 
 
ADJOURNMENT
 
It was moved by Sullivan and seconded by Shea to adjourn the regular meeting at 9:50 p.m.
Voting for:  Brinton, Sullivan, Calhoun, Shea, Goldner.
Unanimous approval.
 
 
Respectfully submitted,
 
 
 
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
 
 
 
 
 
 
 
 
 
 
 
 
ESDAY, DECEMBER 7, 2016        Page 1 of 8
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