Monday, March 27, 2017


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF W
The regular meeting of the Planning and Zoning Commission was called to order at 7:05 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, Chair
            Michael Sullivan, Vice-Chair
            Michael Calhoun, Member and Secretary
            Donna Shea, Member
Carol Lambiase, Alternate Member
            Eric McDonald, Alternate Member, seated as a voting member
 
The following Commission Members were absent:
            Doug Goldner, Member
            Bradford Buchta, 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 Calhoun and seconded by Shea to approve, as submitted, the minutes of the March 1, 2017, Regular Meeting.
    Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.
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 February 2017, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.
Unanimous approval.
 
  1. It was moved by Sullivan and seconded by Calhoun to approve the payment of a bill for $125.00, dated for March 1, 2017, from Anne Sohon for recording services for the public hearings (165 Sperry Road and Zoning Amendment).
    Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.
Unanimous approval.
 
 
 
 
 
 
 
 
GENERAL CORRESPONDENCE
 
  1. Email from Eugene Livshits, of South Central Regional Council of Governments, dated February 28, 2017, Re:  Referral from the Town of Hamden, affordable housing.
 
 
PUBLICATIONS AND WORKSHOPS
 
  1. Connecticut Federation of Planning and Zoning Agencies, 69th Annual Conference, March 23, 2017, Aqua Turf, Plantsville, Connecticut.
 
 
PUBLIC HEARING
 
  • 165 SPERRY ROAD, Application #2017-001 submitted by Raymond Gillmor for Special Exception Permit for an Accessory Apartment –
     
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. 
 
Present on behalf of the application was Mr. Raymond Gillmor, applicant and owner of record.
 
Isabel Kearns, ZEO, stated the application meets all the regulations.
 
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.
 
There being no more questions at 7:19 p.m., it was moved by Sullivan and seconded by McDonald to close the public hearing on the subject application.
Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.  Unanimous approval.
 
 
  • 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 7:20 p.m., Chair Brinton called the public hearing continuation to order.   Roll call was taken.  Chair Brinton read the notice for the public hearing continuation. 
 
Hiram Peck, Planning Consultant, submitted two handouts to Commission members and reviewed:
    • Sheet entitled, “Lighting”, Definitions, dated February 28, 2017.
    • Sheet entitled, “Examples of Acceptable/Unacceptable Lighting Fixtures”.
 
 
 
 
 
 
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:
    • Lars Demander of 50 Fairwood Road, Bethany (Clover Nook Farm).
    • Gary Ross of 153 Fairwood Road, Bethany.
    • Rachel Dempsey of 10 Hi-Ann Court, Bethany.
    • Crystal Smethurst of 28 Munson Road (Crossfit), Bethany.
    • Fran Doba of 980 Amity Road, Bethany.
    • Bruce Loomis of 11 Sabrina Drive, Bethany.
    • Peter Verab of 720 Amity Road (Amity Gardens), Bethany.
    • Patsy Winer of 9 Carrington Road, Bethany.
 
Kevin McSherry, Town Attorney, stated that the Commission cannot allow signs only in certain areas.  Attorney McSherry stated the Commission cannot treat governmental different than commercial; need to be consistent.
 
The Commission discussed regulating what the Town can do versus businesses and helping businesses with their signage.
 
After discussion, Hiram Peck, Planning Consultant, stated he will revise the regulations from the comments received this evening.
 
At 8:18 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, April 5, 2017, in the Commission Meeting Room.  Hearing will start at 7:15 p.m.
Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.
Unanimous approval.
 
 
NEW BUSINESS
 
  1. 12 PLEASANT DRIVE, Application #2017-002 submitted by Bethany Heavy Equipment and Storage for a New Business Use – Storage Facility –
 
The Commission formally received the application.  Present to speak on behalf of this application was Bill and Wendy Grieger, applicants and owners of record,
 
Mr. Grieger stated he wanted a blanket permit for storage for the 6 units in the building.
 
The Commission was concerned with other businesses being operated from the building, such as, landscaping, car repairs, and plumbing.   Mr. and Mrs. Grieger stated the building is only for storage.
 
After discussion, the Commission proceeded to deliberate.  Isabel Kearns, ZEO, prepared a draft resolution.  It was moved by Sullivan and seconded by Calhoun to approve the following resolution for Application #2017-002:
 
Whereas, William Grieger applied on February March 1, 2017, to the Bethany Planning & Zoning Commission for a New Use Permit to store antique cars and construction equipment located at 12 Pleasant Drive (#2017-002);
 
 
Whereas, a Statement of Use dated February 8, 2017, was submitted as part of this application;
 
Whereas, the Commission, at its regular meeting held on March 1, 2017, considered the Statement of Use, narrative, testimony and other pertinent application information relating to a request for a New Use Permit to store antique cars and construction equipment at              12 Pleasant Drive,  (#2017-002);
 
Now Therefore, The Commission makes the following findings of fact and decision regarding the application:
  1. John Laudano, Quinnipiack Valley Health District representative, signed off on the back of the application form indicating his approval on February 27, 2017.
  2. Roderick White, Fire Marshal, signed off on the back of the application form on February 23, 2017, indicating his approval.  He noted that storage is okay, but operating a day-to-day business may need inspections.
  3. The Commission received correspondence dated February 27, 2017, from Ronald Walters, representative of South Central Connecticut Regional Water Authority, in which he states:  1) All vehicle and equipment servicing including but not limited to oil changes, transmission work, radiator flushing and repairs, parts cleaning, engine cleaning should be conducted indoors on an impervious surface.  There should be absolutely no discharges of motor vehicle fluids or detergent chemicals to the environment.  2) Waste chemicals including but not limited to waste oil, antifreeze, transmission oil, lead acid batteries and solvents should be stored indoors or outside on an impervious surface within a containment berm or other means of secondary containment.  These materials should be disposed of by a licensed waste hauler in accordance with all applicable federal, State and local regulations.  3) If vehicle washings are done on –site, wash-water should not be discharged to the environment.  The facility should be operated in accordance with the requirements of CT DEEP.
 
Now Therefore Be It Resolved, that pursuant to Section 5.5.A. of the Bethany Zoning Regulations, amended to October 15, 2015, the Bethany Planning and Zoning Commission approves the New Use Permit of William Grieger to store antique cars and construction equipment  as stated in Statement of Use dated February 8, 2017;
 
And with the following conditions:
  1. 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.
  2. The Fire Marshal must sign off prior to a certificate of occupancy.
  3. There shall be no repair of motor vehicles in or outside of the building.
  4. Storage only, no business use is allowed to be associated with the antique car or construction equipment storage.
Vote 5 to 0.
Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.
Unanimous approval.
 
 
 
 
 
 
 
  1. 200 LITCHFIELD TURNPIKE, Application #2017-003 submitted by Andrew Keene for a Home Occupation Permit for a Farm stand with weekly distribution –
 
The Commission formally received the application.  No one was present for this application.
 
Isabel Kearns, ZEO, stated, the applicant has not received Quinnipiack Valley Health District approval at this time.
 
Further discussion and appropriate action on the application was deferred until the Commission’s Special Meeting scheduled for April 5, 2017.  Tabled.
 
 
OLD BUSINESS
 
  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 – Public hearing continued to the next regular meeting on April 5, 2017.  Tabled.
     
     
  2. 165 Sperry Road, Application #2017-001 submitted by Raymond Gillmor for a Special Exception Permit for an Accessory Apartment –
 
Commission members proceeded to deliberate.  Isabel Kearns, ZEO, prepared a draft resolution.  It was moved by Calhoun and seconded by Sullivan to approve the following resolution for Application #2017-001:
 
Whereas, Raymond Gillmor, owner of 165 Sperry Road, applied to the Commission on February 1, 2017,  for a Special Exception Permit for a 688 square foot Accessory Apartment to be located within the basement of the existing home located at property known as          165 Sperry Road;
 
Whereas, the Planning and Zoning Commission opened a hearing on Application #2017-001 for a Special Exception Permit for an Accessory Apartment at 165 Sperry Road at their regular meeting of March 1, 2017.  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:
 
  1. Ryan Currier, Quinnipiack Valley Health District Representative, issued Permit #1899 dated January 3, 2017.
  2. The Commission received a letter dated February 3, 2017, from Ron Walters, South Central Connecticut Regional Water Authority Representative, in which he states he has no comments.
  3. Roderick White, Fire Marshal, signed off on the back of the application form on February 23, 2017, indicating his approval.
 
 
 
 
 
  1. The application and Statement of Use dated January 6, 2017, demonstrates that the proposed accessory apartment would contain only 688 square feet of living space, and the Town of Bethany Zoning Regulations allow 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 Raymond Gillmor for a Special Exception for a 688 square foot Accessory Apartment (#2017-001) as shown on the floor plan dated January 6, 2017, and as per the statement of use dated January 6, 2017.          
 
And with the following conditions:
  1. 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.
  2. A building permit for the accessory apartment must be submitted and approved by the building official prior to any construction.
Vote 5 to 0.
Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.
Unanimous approval.
 
 
  1. Discussion with Town Attorney regarding open space and coordination issues –
 
Present for this discussion was Town Attorney Kevin McSherry.  Attorney McSherry stated right now in legislation there are one or two laws that will affect open space.  Attorney McSherry recommended the Commission wait a month to see what laws pass and incorporate into Bethany’s proposed subdivision regulation amendment.
 
 
  1. Discuss future Land Use Plan (possible insertion in Town Plan of Conservation & Development) – Tabled.
     
     
  2. Discussion regarding the rewriting of the current Zoning Regulations –  Tabled.
 
 
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, reported on the following:       
  • Submitted report on Building Permits dated March 1, 2017.
  • Discussed 667Amity Road, Soccer Club.  Trees cut down that should not have been.  ZEO to review site plan and prepare list of items in question.
 
 
 
 
 
 
 
 
ADJOURNMENT
 
It was moved by Calhoun and seconded by McDonald to adjourn the regular meeting at        9:11 p.m.
Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.
Unanimous approval.
 
 
Respectfully submitted,
 
 
 
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
 
 
 
 
 
 
 
 
 
 
EDNESDAY, MARCH 1, 2017          Page 1 of 8
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