MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JAN

The regular meeting of the Planning and Zoning Commission was called to order at 7:04 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 Calhoun, Vice-Chair

            Donna Shea, Member/Secretary

            Bob Harrison, Member

            Alex Hutchinson, Member

Brad Buchta, Alternate Member

Carol Lambiase, Alternate Member

            Eric McDonald, 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 Harrison to approve, as amended, the minutes of the December 6, 2017, Regular Meeting:

• Page 4, Add fourth bullet under Item #1 New Business as follows:  o The cemetery will be overseen by the Town of Bethany Cemetery Committee.
  Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.

      Unanimous approval.

 

 

BILLS

 

1. It was moved by Calhoun and seconded by Hutchinson to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for December 2017, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

 

1. It was moved by Calhoun and seconded by Shea to approve the payment of a bill for $125.00, dated for January 3, 2018; from Anne Sohon for recording services for the public hearing (68 Hopp Brook Road).
   Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

 

 

 

 

 

 

 

 

 

GENERAL CORRESPONDENCE

 

1. Letter from Adam Lieder, dated January 2, 2018, Re:  Outline of business for Out on the Limb Tree Service, LLC proposed for 68 Hopp Brook Road.
2.  Letter from Adam Lieder, dated January 2, 2018, Re:  Cleaning up of property located at 68 Hopp Brook Road.
3. Email from Blue Sky Wholesale Nursery, dated December 7, 2017, Re:  Plant List for 667 Amity Road.
4. Letter from Bill and Wendy Grieger, dated December 18, 2017, Re:  63 Sargent Drive.

 

 

 

PUBLIC HEARING CONTINUATION

 

• 68 Hopp Brook Road, Application #2017-017 submitted by Adam Lieder for a Home Occupation Permit for a tree service and to park three vehicles on the subject property –

 

At 7:23 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.

 

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:

1. Exhibit 2A – Submitted by Wolodymyr Iwaniw of 29 Hopp Brook Road, a black and white photograph of Brooks Road in front of his house.
2. Exhibit 2B – Submitted by Wolodymry Iwaniw of 29 Hopp Brook Road, a black and white photograph of Brooks Road with hand drawn markings.
3. Exhibit 2C – Submitted by Wolodymyr Iwaniv of 29 Hopp Brook Road, five handwritten papers of speech at hearing.
4. Exhibit 2D – Submitted by Wolodymyr Iwaniw of 29 Hopp Brook Road, copy of Bethany Bulletin dated January 2018, with yellow highlighted paragraph.
5. Exhibit 2E - Letter from Adam Lieder, dated January 2, 2018, Re:  Outline of business for Out on the Limb Tree Service, LLC proposed for 68 Hopp Brook Road.
6. Exhibit 2F - Letter from Adam Lieder, dated January 2, 2018, Re:  Cleaning up of property located at 68 Hopp Brook Road.
7. Exhibit 2G – Memo from Town Attorney Kevin McSherry, dated January 3, 2018, Re:  Petitions and Nonconforming uses at 38 Hopp Brook Road.
8. Exhibit 2H – Memo from Hiram Peck, Planning Consultant, dated December 17, 2017, Re:  68 Hopp Brook Road Application #2017-017.
9. Exhibit 2”I” – Submitted by Nancy Jensen of 60 Hopp Brook Road, one page with four signatures with title “Petition to Deny Zoning Application”.
    
    
    
    
    
    
    

 

Present to speak on behalf of this application was Adam Lieder, owner of Out on the Limb Tree Service, of 75 Silvermine Road, Seymour, Connecticut, who is the applicant.

 

 

Chair Brinton asked if anyone from the public would like to speak in favor of the application or against the application.  The following public members spoke:

• Nancy Jansen of 60 Hopp Brook Road – Submitted Exhibit 2”I”.
• Wolodymyr Iwaniv of 29 Hopp Brook Road – Submitted Exhibits 2A, 2B, 2C and 2D.
• Amy Hanson of 49 Hopp Brook Road.
• Brian Hanson of 49 Hopp Brook Road.

 

 

Kevin McSherry, Town Attorney, submitted a memo to the Commission (Exhibit 2G) and discussed with the Commission issues regarding the petition, non-conforming use on the property, public safety issues, and timeframe to complete work to repair the houses by the applicant.

 

 

Hiram Peck, Planning Consultant, submitted a memo to the Commission (Exhibit 2H) and discussed with the Commission regarding the non-conforming use and stated this is not a home occupation use but rather it is a continuation of a non-conforming use.  Mr. Peck suggested the Commission review the traffic, noise, hours of operation, number of employees, size of equipment and determine if this proposal is more non-conforming than the previous business.

 

 

Isabel Kearns, ZEO, to contact previous business owner to provide information on the type of business that was being operated on the subject property previously and history of the property.

 

 

Hiram Peck, Planning Consultant, suggested the Commission continue the hearing to the next regular meeting to gather the information needed.

 

 

Mr. Lieder signed Consent to Extension of Time for 37 days to continue the public hearing.

 

 

At 8:53 p.m., it was moved by Harrison and seconded by Hutchinson to recess the public hearing and continue to the next regular meeting on Wednesday, February 7, 2018, in the Commission Meeting Room of the Bethany Town Hall.

Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.                                                                                                                                                                

 

 

 

 

 

 

NEW BUSINESS

 

1. 696 Amity Road, Units B-3 and B4, Application #2017-020 submitted by Puffy D Corporation/Jeffrey Tomei for a Change of Use – Internet Only – Retailer of tobacco products –

 

The Commission formally received the application.  Present to speak on behalf of this application was Jeffrey Tomei, applicant.  Mr. Tomei amended the application for Unit B-3 only.  Mr. Tomei stated he is a licensed tobacco distributor and sells mainly tobacco and tobacco products for pipes. 

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members reviewed and proceeded to deliberate.  It was moved by Calhoun and seconded by Hutchinson to approve the following resolution for Application #2017-020:

 

Whereas, Jeffrey Tomei applied on January 3, 2018 to the Bethany Planning and Zoning Commission for a Change of Use Permit to be an ecommerce retailer of tobacco products from Unit B-3 at 696 Amity Road;

 

Whereas, Brian Botti, owner of Unit B-3 at 696 Amity Road, authorized Jeffrey Tomei to apply to the Commission for the change of use permit in an email dated January 2, 2018;

 

Whereas, the Commission, at its regular meeting of January 3, 2018, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate an ecommerce retailer of tobacco products from Unit B-3 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:

1. John Laudano, Quinnipiack Valley Health Representative, issued Permit #2433 signifying his approval of Unit B3 only, and he offered the following comments:  1) Maximum wastewater discharge shall not exceed 80 gallons per day.  A water meter should be installed.
2. Rod White, Fire Marshal, signed off on the back of the application form on January 2, 2018, indicating his approval.
3. The Commission received a letter dated January 2, 2018, from Ronald Walters, Senior Environmental Analyst from 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 December 1, 2017, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate an ecommerce retailer of tobacco products from Unit B-3 at 696 Amity Road (#2017-020), as presented in the application, statement of use and testimony with the following condition:

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.

Vote 5 to 0.

Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

 

 

OLD BUSINESS

 

1. 68 HOPP BROOK ROAD, Application #2017-017 submitted by Adam Lieder for a Home Occupation for tree service and to park 3 vehicles on property – Hearing continued to February 7, 2018.

 

 

1. 667 Amity Road, Soccer Fields, Matt Micros, Landscaping Plan –

 

No one was present for this discussion.

 

The Commission received an email from Blue Sky Wholesale Nursery, dated December 7, 2017, Re:  Plant List for 667 Amity Road.

 

Hiram Peck, Planning Consultant, submitted an email to Commission, dated December 27, 2017, regarding his review of the planting plan for 667 Amity Road and discussed with Commission.

 

During this discussion, the Commission would like prices on plantings to set bond and a plan with elevations.

 

Mr. Peck will cleanup his memo dated December 27, 2017 and forward to Chair Brinton for approval to forward to applicant.

Tabled.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. Continue discussion regarding Accessory Apartments and other Zoning Regulations including Attainable Housing Regulation - 
    
   Hiram Peck, Planning Consultant, reviewed draft amendment for Attainable Housing Overlay Zone, will change language where necessary and discuss further at next meeting on February 7, 2018.  Tabled.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT –

Isabel Kearns, ZEO, distributed copies of two reports she prepared as follows:

• Building Permits for December.
• Site Inspections from December 1, 2017 to December 20, 2017.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Calhoun and seconded by Shea to adjourn the regular meeting at 9:43 p.m.

Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

 

 

 Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission

 

 

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