Monday, June 19, 2017


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
            Brad Buchta. Alternate Member
Carol Lambiase, Alternate Member, seated as a voting member
            Eric McDonald, Alternate Member
 
The following Commission Member was absent:
            Doug Goldner, 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 Lambiase to approve the minutes of the April 24, 2017, Special Meeting with the following amendment:
  • Bold title – Change from Regular meeting to Special meeting.
    Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.
      Unanimous approval.
 
  1. It was moved by Calhoun and seconded by Shea to approve the minutes of the May 10, 2017, Special Meeting with the following amendments:
  • Page 4 – third paragraph – sixth bullet – second sentence – Reads “There is change regarding fencing – 4 feet high around the fields to keep cars off and an increase net size along Amity Road and 49 feet net to keep balls out of the road.” Change to “There is a change regarding fencing – 4 feet high around the fields to keep cars of and an increased net size along Amity Road and 40 feet net to keep balls out of the road.”
    Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.
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 May 2017, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.
Unanimous approval.
 
  1. It was moved by Calhoun and seconded by Sullivan to approve the payment of a bill for $125.00, dated for June 7, 2017, from Anne Sohon for recording services for the public hearing (41 Marion Road).
    Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.
Unanimous approval.
 
 
GENERAL CORRESPONDENCE
 
  1. Letter from Isabel Kearns, ZEO, to 667 Amity Road, LLC (soccer club), dated May 5, 2017, Re:  Cease and Desist Order for 667 Amity Road, rock crushing.
  2. Letter from Isabel Kearns, ZEO, to Susan Purcell of 314 Down Road, dated May 9, 2017, Re:  Notice of Violation, discarded debris located at 317 Downs Road.
  3. Letter from Isabel Kearns, ZEO, to 667 Amity Road, LLC (soccer club), dated May 16, 2017, Re:  Release of Cease and Desist Order, dated May 5, 2017, crusher removed from 667 Amity Road.
 
PUBLICATIONS AND WORKSHOPS
 
  1. Connecticut Federation of Planning and Zoning Agencies, Quarterly Newsletter, Spring 2017.
     
     
    PUBLIC HEARING CONTINUATION
 
  • 41 MARION ROAD, Application #2017-005 submitted by Mary Isbell for a Special Exception Permit for an Accessory Apartment
     
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. 
 
Present to speak on behalf of the application was Mary Isbell, applicant and owner of record
 
Ms. Isbell noted in discussion:
  • Bought home in 2015 with husband, just had a baby, and her mother will be moving in.
  • Deck existed and will be using for the addition.
  • No larger footprint on the house.
 
 
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.
 
Hiram Peck, Planning Consultant, stated an affidavit renewing the accessory apartment yearly is required and if the house if ever sold, the new buyer will have to notify the Town.
 
At 7:25 p.m., it was moved by Sullivan and seconded by Calhoun to close the public hearing on the subject application.
Unanimous approval.
 
 
NEW BUSINESS
 
  1. 162 FALLS ROAD, Application #2017-006 submitted by Elizabeth H. Evans for a Home Occupation Permit – Consultant (biologist/soil scientist)
 
The Commission formally received the application.  Present to speak on behalf of the application was Beth Evans, applicant and owner of record.
 
Ms. Evans noted in discussion:
  • Will be moving business from Amity Road to home.  Will be putting office at Amity Road on the market.
  • Will put office in basement of home.
  • Very rare that she gets clients, she is mostly in field working.
  • There will be no parking on road.
 
Isabel Kearns, ZEO, prepared a draft resolution.  Commission members reviewed and proceeded to deliberate.  It was moved by Calhoun and seconded by Sullivan to approve the following resolution for Application #2017-006:
 
Whereas, Beth Evans, applicant, applied to the Planning and Zoning Commission on June 7, 2017 for a Home Occupation Permit to operate Evans Associates Environmental Consulting, Inc. from the basement of her home located at 162 Falls Road;
 
Whereas, the Commission at its regular meeting of June 7, 2017 considered the statement of use, narrative, testimony and other pertinent application information relating to this Home Occupation Application;
 
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
 
  1. Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on May 26, 2017, indicating her approval.
     
     
     
  2. Rod White, Fire Marshal, signed off on the back of the application form indicating his approval on May 31, 2017.
  3. The Commission received a letter dated May 30, 2017, from Ronald Walters, representative of the South Central Connecticut Regional Water Authority, in which he states he has no comment.
     
    Now Therefore Be It Resolved, that pursuant to Section 4.3.E.4.b. of the Town of Bethany Zoning Regulations, amended to October 30, 2015, the Bethany Planning and Zoning Commission approves the application of Beth Evans for a Home Occupation Permit to operate Evans Associates Environmental Consulting, Inc. from the basement of her home located at 162 Falls Road, as per the testimony at the June 7, 2017 Regular Meeting and as outlined in the Statement of Use dated May 31, 2017.
    Vote:  5 to 0.
    Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.
    Unanimous approval.
     
     
  1. 300 BEAR HILL ROAD (BVFD Hinman Station), Application #2017-007 submitted by Pyramid to install a 100-foot monopole radio antenna for public safety
 
The Commission formally received the application. 
 
Member Sullivan recused himself from acting on this application and spoke on behalf of the Bethany Volunteer Fire Department.  Member Sullivan stated this application is one of three sites for larger antennas to give maximum coverage in the area for public safety.  The new antenna will be located in same area as old antenna in the southeast corner of property.
 
Town Attorney Kevin McSherry stated this antenna is designed to be most effective for Bethany and will give good coverage.
 
It was moved by Calhoun and seconded by Shea to schedule a public hearing date at the next Regular Meeting on Wednesday, July 5, 2017, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall.
Unanimous approval.
 
 
  1. 667-687 AMITY ROAD (Soccer Club), submitted by John Garcia, revised drawings and update
 
Present for this discussion was John Paul Garcia, P.E./L.S. and A.J. Grasso, builder.  Mr. Garcia submitted the following revised plans with a letter explaining the changes dated June 5, 2017:
  • “Stormwater Management and Layout Plan”, dated February 3, 2016, revised to May 31, 2017.
  • “Lighting and Landscaping Plan”, dated February 3, 2016, revised to May 31, 2017.
     
 
Mr. Garcia noted in discussion:
  • Moving building footing over a little due to bank building.
  • Adding fencing.
  • Hauling fill off site, no crushing.
  • No change in lighting.  No field lighting; only in parking lot.
 
The Commission had some concerns with the fencing and netting.  Mr. Garcia will submit photographs of similar facilities with fencing and netting.  Mr. Garcia will also submit the landscaping plan for in front of the building. 
Tabled.
 
 
OLD BUSINESS
 
  1. 41 MARION ROAD, Application #2017-005 submitted by Mary Isbell for a Special Exception Permit for an Accessory Apartment
     
Isabel Kearns, ZEO, prepared a draft resolution.  Commission members reviewed and proceeded to deliberate.  It was moved by Sullivan and seconded by Calhoun to approve the following resolution for Application #2017-005:
 
Whereas, Mary Isbell and Devin Vargo, owners of 41 Marion Road, applied to the Commission on May 3, 2017, for a Special Exception Permit for a 576 square foot accessory apartment to be located within an new addition of the existing home located at property known as 41 Marion Road;
 
Whereas, the Planning and Zoning Commission opened a public hearing on Application #2017-005 for a Special Exception Permit for an accessory apartment located at 41 Marion Road at their regular meeting of June 7, 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. Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on May 31, 2017, indicating her approval.  Permit #1914 had been previously issued for this use.
  2. The Commission received a letter dated June 7, 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 May 31, 2017 indicating his approval.
 
 
 
 
 
  1. The application and Statement of Use dated January 6, 2017, demonstrates that the proposed accessory apartment would contain only 576 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 Mary Isbell and Devin Vargo for a Special Exception Permit for a 576 square foot accessory apartment (#2017-005) as shown on the floor plan dated May 20, 2017, and as per the statement of use dated May 20, 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 the continuance of construction.
    Vote:  5 to 0.
    Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.
    Unanimous approval.
 
 
  1. 755 AMITY ROAD (Airport property), Application #2017-004 submitted by Town of Bethany for a sign permit (hangar)
     
    Hiram Peck, Planning Consultant, prepared a report on the signage at the airport in an email dated June 5, 2017.  Mr. Peck reviewed with the Commission.
     
    Kevin McSherry, Town Attorney, suggested he will speak to the Board of Selectmen on the sign issue.
     
    Hiram Peck, Planning Consultant, stated the proposed sign is very close to the original sign and hangar.
     
    Commission members discussed and proceeded to deliberate.  It was moved by Sullivan and seconded by Lambiase to approve Application #2017-004 submitted by the Town of Bethany for affixed signage on the hangar building as per testimony and as shown on the plan submitted on March 13, 2017.  This application is approved specifically without regard to the freestanding signage at the Airport Property, which Staff will continue to work on.
Vote:  5 to 0.
Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.
Unanimous approval.
 
 
  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
     
    Hiram Peck, Planning Consultant, submitted a revised draft of Sign Regulations dated April 22, 2017.  Mr. Peck asked Commission members for guidance as to what they would like for Section 7.3.1. in regard to lighted signs.  Commission members discussed the proposed regulation and made suggestions.  Mr. Peck will restructure the proposed regulations with the comments from the Commission.
    Tabled.
 
  1. Discussion regarding accessory apartmentsTabled. 
 
 
ZONING ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, ZEO, submitted report on Building Permits, dated June 6, 2017, and Site Inspections.
 
OTHER BUSINESS
  • Member Calhoun stated the South Central Regional Planning Commission is working on the Conservation & Development Plan and there is a questionnaire for Commission members that he will email to clerk.
  • The Commission commended Member Sullivan, who is leaving the Commission, for all his valuable contributions to the Commission.
  • Chair Brinton mentioned she spoke with Bruce Loomis of the Conservation Commission and a joint conversation with the Conservation Commission will be added to the agenda for the July 5, 2017 Regular Meeting.
     
     
ADJOURNMENT
 
It was moved by Calhoun and seconded by Shea to adjourn the regular meeting at 9:00 p.m.
Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.
Unanimous approval.
 
Respectfully submitted,
 
 
Antonia R. Marek, Clerk
for the Planning and Zoning Commission