Monday, May 7, 2018


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, APRIL 4, 2018        Page 1 of 12

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

 

The following Commission Member was absent:

            Eric McDonald, Alternate Member

 

Also present were:

            Hiram Peck, Planning Consultant

            Isabel Kearns, Zoning Enforcement Officer

 

 

APPROVAL OF MINUTES                

            

1.      It was moved by Calhoun and seconded by Harrison to approve, as submitted, the minutes of the February 15, 2018, Special Meeting:

Shea abstained.

Voting for:  Brinton, Calhoun, 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 March 2018, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

2.      It was moved by Calhoun and seconded by Harrison to approve the payment of a bill for $125.00, dated for April 4, 2018, from Anne Sohon for recording services for the public hearing (19 Amadeo Drive).

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

Unanimous approval.

 

 

 

 

 

 

 

 

3.      It was moved by Calhoun and seconded by Harrison to approve the payment of a bill for $110.00, dated March 1, 2018, for the Connecticut Federation of Planning and Zoning Agencies, Membership dues through March 31, 2019.

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

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1)      Letter from Alan Shepard, P.E., of Nowakowski, O’Bymachow, Kane & Associates, dated March 8, 2018, Re:  Silsby Estates, Appl. #2018-003, Response to letter from ZEO dated August 3, 2017.

2)      Letter from Alan Shepard, P.E., of Nowakowski, O’Bymachow, Kane & Associates, dated March 2, 2018, Re:  Silsby Estates, Appl. #2018-003, Storm water Management Plan.

3)      Letter from Quinnipiack Valley Health District, dated January 12, 2018, Re:  Comments on review of Silsby Estates, Appl. #2018-003.

4)      Letter from Rod White, Fire Marshal, dated April 4, 2018, Re:  Clarification of Fire Marshal approval of commercial applications.

Commission members discussed letter from Fire Marshal and his concern with approving an application without proper plans.  The Commission determined that the Zoning Application form sign offs on back of form should be modified to read “There has been a discussion with the Fire Marshal not an approval”.

 

5)      Letter from Bill & Wendy Grieger, dated March 7, 2018, Re:  12 Pleasant Drive.

6)      Letter from Isabel Kearns, ZEO, to Jon Freiler owner of 160 Miller Road, dated March 6, 2018, Re:  Notice of Violation, Junkyards, 160 Miller Road.

7)      Memo from Hiram Peck, Planning Consultant, dated February 25, 2018, Re:  68 Hopp Brook Road.

8)      Memo from Hiram Peck, Planning Consultant, dated December 17, 2017, Re:  68 Hopp Brook Road.

9)      Memo from Kevin McSherry, Town Attorney, dated April 4, 2018, Re:  Nonconforming Uses.

 

 

PUBLIC HEARING

 

·         19 Amadeo Drive, Application #2018-001 submitted by Robert Jones for a 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 notice for the public hearing and reviewed the contents of the application file.

 

 

 

 

 

 

 

Present to speak on behalf of this application was Robert Jones, applicant, representing the property owner Catherine Geloso.

 

Some items mentioned during discussion by Mr. Jones were:

·         The area to be used is a vacant area above garage.

·         No change to outside structure.

·         Access to apartment from second floor of house and a stairwell in garage.

 

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 7:24 p.m., it was moved by Calhoun and seconded by Shea to close the public hearing on the subject application.

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

Unanimous approval.                                                                                                                                                               

 

 

NEW BUSINESS

 

1.      72 Downs Road, Application #2018-002 submitted by Robert Bouvier for a Special Exception Permit for an accessory apartment

 

The Commission formally received the application.  No one was present to speak on behalf of this application.

 

Isabel Kearns, ZEO, recommended the Commission schedule a public hearing.  It was moved by Harrison and seconded by Calhoun to schedule a public hearing date of May 2, 2018, for Application #2018-002 submitted by Robert Bouvier for a Special Exception Permit for an Accessory Apartment located at 72 Downs Road in the Commission Meeting Room of the Bethany Town Hall.

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

Unanimous approval.

 

 

2.      Mesa Drive, Application #2018-003 submitted by James W. Woodward, Jr., for a Three-lot Subdivision

 

The Commission formally received the application.  No one was present to speak on behalf of this application.

 

Isabel Kearns, ZEO, recommended the Commission schedule a public hearing.  It was moved by Harrison and seconded by Shea to schedule a public hearing date of May 2, 2018, for Application #2018-003 submitted by James W. Woodward Jr. for a Three-Lot Subdivision located at Mesa Drive in the Commission Meeting Room of the Bethany Town Hall.

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

Unanimous approval.

 

 

 

 

 

 

3.      215 Valley Road, Application #2018-004 submitted by Anne Mitchell for a Home Occupation Permit for a Naturopathic Medicine/Health Care

 

The Commission formally received the application.  Present to speak on behalf of this application was Anne Mitchell, applicant and owner of record.

 

Some comments by the applicant were:

·         There will be no sign needed.

·         Will have one client at a time every half hour and not more than 10 clients per day.

·         Would like to amend her application to add business on Saturdays from 9 am to 3 pm and one afternoon during week.

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members reviewed and proceeded to deliberate.  It was moved by Calhoun and seconded by Shea to approve the following resolution for Application #2018-004:

 

Whereas, Margery Anne Mitchell applied to the Planning and Zoning Commission on   April 4, 2018, for a Home Occupation Permit for a professional office for a Naturopathic Medicine and Healthcare Practice located at 215 Valley Road;

 

Whereas, the Commission at its regular meeting of April 4, 2018, considered the statement of use, narrative, testimony and other pertinent application information relating to this Home Occupation Permit for a professional office;

 

Now Therefore, the Commission makes the following findings of fact and decision regarding this application:

 

  1. Lynn Fox, Quinnipiack Valley Health Department representative, signed off on the back of the application form on March 15, 2018, indicating her approval of the application.
  2. Rod White, Fire Marshal, signed off on the back of the application indicating his approval on March 4, 2018.
  3. The Commission received correspondence from Ronald Walters, Representative of South Central Connecticut Regional Water Authority, dated March 15, 2018, in which he states he has no comment.

 

Now Therefore Be It Resolved, that pursuant to Section 4.3.E.4.a. of the Town of Bethany Zoning Regulations, amended to December 1, 2017, the Bethany Planning and Zoning Commission approves the application of Margery Anne Mitchell for a Home Occupation Permit to operate a professional office for a Naturopathic Medicine and Healthcare Practice located at 215 Valley Road, as outlined in the Statement of Use dated March 14, 2018.

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

Unanimous approval.

 

 

 

 

 

 

 

 

4.      696 Amity Road, Unit UL-4, Application #2018-005 submitted by Robert Lucky for a Change of Use Permit for a Personal Training Studio

 

The Commission formally received the application.  Present to speak on behalf of this application was Robert Lucky, applicant.

 

Some comments by the applicant were:

·         Will be conducting one on one personal training.

·         Will have one client at a time.

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members reviewed and proceeded to deliberate.  It was moved by Harrison and seconded by Shea to approve the following resolution for Application #2018-005:

 

Whereas, Robert Lucky applied on April 4, 2018, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate a personal training studio from           Unit UL-4 located at 696 Amity Road;

 

Whereas, Brian Botti, owner of Unit UL-4 located at 696 Amity Road, authorized Robert Lucky to apply to the Planning and Zoning Commission for the Change of Use Permit in an email dated March 26, 2018;

 

Whereas, the Commission, at its regular meeting of April 4, 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 a personal training studio in Unit UL-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:

 

1)                  John Laudano, Quinnipiack Valley Health District representative, signed off on the back of the application form indicating his approval on March 26, 2018.

2)                  Rod White, Fire Marshal, signed off on the back of the application form on April 4, 2018, indicating his approval and stating see tenant fit out process.

3)                  The Commission received a letter dated April 3, 2018, from Ronald Walters, Senior Environmental Analyst for 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 a personal training studio in UL-4 located at 696 Amity Road (#2018-005), as presented in the application, statement of use, testimony 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.

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

Unanimous approval.

 

 

5.      205 Amity Road, Application #2018-006 submitted by Earl Sickinger/Route 63 Associates, LLC for a Special Exception Permit for a dwelling unit

 

The Commission formally received the application.  No one was present to speak on behalf of this application.

 

Isabel Kearns, ZEO, recommended the Commission schedule a public hearing.  It was moved by Calhoun and seconded by Harrison to schedule a public hearing date of May 2, 2018, for Application #2018-006 submitted by Earl Sickinger/Route 63 Associates LLC for a Special Exception Permit for a dwelling unit located at 205 Amity Road in the Commission Meeting Room of the Bethany Town Hall.

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

Unanimous approval.

 

 

6.      Discussion with Dr. Gale Ridge of the Bethany “Environment” Committee to introduce “Sustainable CT”

 

Present for this discussion was Dr. Gale Ridge, member of the Bethany Environment Committee.  Dr. Ridge would like to introduce to the Commission the program “Sustainable CT” and possibly get Bethany to join.

 

Dr. Ridge presented a brief overview of the program “Sustainable CT”.  Dr. Ridge distributed handout of a packet entitled, “Sustainable CT. Location Actions.  Statewide Impact.

 

Hiram Peck, Planning Consultant, will compose a response to send to the Bethany Environment Committee.

 

Also, Dr. Ridge briefly discussed monitoring wind turbine at the Airport Property and placing an anemometer to do this.

 

Hiram Peck stated the Commission would need specifications and a picture of the anemometer and a brief letter.  Dr. Ridge would need to present this to the Board of Selectmen with a recommendation from the Planning and Zoning Commission.

 

 

 

 

7.      Discussion with Robert Sherwood, Landscape Architect regarding CFC Landscaping Plan, 667 Amity Road

 

Present for this discussion was Robert Sherwood of Robert Sherwood Landscape Architect LLC of Brookfield, Connecticut. 

 

Mr. Sherwood submitted a plan entitled, “Site Section Plant Growth, CFC Park, 667 Amity Road, Bethany, CT”, dated March 12, 2018.  Commission members reviewed and discussed. 

 

Hiram Peck, Planning Consultant, suggested Commission members make comments on Landscaping Plan and then comments to be forwarded to Mr. Sherwood so he can make revisions. 

Tabled.

 

 

8.      861 Litchfield Turnpike, Application #2018-007 submitted by Karl Rainey for a Home Occupation Permit for an oil delivery business

 

The Commission formally received the application.  Present to speak on behalf of this application was Karl Rainey, applicant and owner of record.

 

Some comments by the applicant were:

·         There will be no sign or employees.

·         There will be no truck on site except if Mr. Rainey stops home for lunch or dinner.

 

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 #2018-007:

 

Whereas, Karl Rainey owner of 861 Litchfield Turnpike, applied to the Planning and Zoning Commission for a Home Occupation Permit to operate a home office for an oil delivery business;

 

Whereas, the Commission at its regular meeting of April 4, 2018, considered the statement of use, narrative, testimony and other pertinent application information relating to this Home Occupation application;

 

Whereas, the application states that no vehicles will be parked on the property overnight;

 

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 April 4, 2018, indicating her approval.

 

 

 

 

 

 

2)                  Roderick White, Fire Marshal, signed off on the back of the application form on April 4, 2018, indicating his approval.

3)                  Cindy Gaudino, Connecticut Water Company representative sent an email dated April 4, 2018, in which she stated she has no comment.

 

Therefore Be It Resolved, that pursuant to Section 4.3.E.4.b. of the Town of Bethany Zoning Regulations, amended to December 1, 2017, the Bethany Planning and Zoning Commission approves the Home Occupation Permit to operate a home office for an oil delivery business located at 861 Litchfield Turnpike, as outlined in the Statement of Use dated April 3, 2018,

 

And with the following condition:

1)       There shall be no overnight parking of vehicles associated with the business on the property. 

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

 

The public hearing closed on February 15, 2018.

 

The Commission received the following correspondence regarding this application:

A.    Memo from Hiram Peck, Planning Consultant, dated February 25, 2018, Re:  68 Hopp Brook Road.

B.     Memo from Hiram Peck, Planning Consultant, dated December 17, 2017, Re:  68 Hopp Brook Road.

C.     Memo from Kevin McSherry, Town Attorney, dated April 4, 2018, Re:  Nonconforming Uses.

 

At 8:38 p.m., Chair Brinton called a recess of the meeting. 

At 8:43 p.m., the meeting continued.

 

Commission members discussed and continued to deliberate.  It was moved by Harrison and seconded by Calhoun to approve the following resolution for Application #2017-017:

 

The Planning and Zoning Commission of the Town of Bethany makes the following decision regarding Application #2017-007 submitted by Adam Lieder (Out on the Limb Tree Service LLC) for the property located at 68 Hopp Brook Road and as outlined in the Statement of Use, dated October 20, 2017:

 

The Planning and Zoning Commission makes the finding that the proposed use is a continuation of a nonconforming use and it is not an expansion.

 

 

 

 

 

A.    The Commission finds that the proposed use does NOT qualify as a home occupation and cannot be permitted under Bethany Zoning Regulations as such. (Too many employees and commercial equipment on the site).

B.     However, the Commission finds the proposed use constitutes a continuation of a previously established pre-existing nonconforming use. Based on the record and the Commission’s above findings.

C.     The Commission finds that the proposed use of parking eight (8) pieces of commercial vehicles which include one bucket truck, two chip trucks, one chipper, one equipment trailer, one mini-excavator, one skid steer and one John Deere tractor constitutes a fewer number and of lesser intensity (in terms of noise and neighborhood impact) than has been used by the previously established commercial use of the property.

D.    The Commission has also determined that the right of way width for Hopp Brook Road is approximately 30 feet which is wider than the existing width of the paved travel way. It is important for all employees, business owners and residents who may use Hopp Brook Road to drive as carefully as possible in order to conduct themselves and their vehicles as safely as possible at all times. The Commission wishes all to know that reports to the contrary will be dealt with in a serious manner to the full extent of the appropriate law.

E.     Additionally, the gates to the commercial area of the property are to be closed as much of the time as possible so as to maintain the residential character of the neighborhood as much as possible and to buffer other residential uses from the commercial activity as much as possible.

F.      These are the only pieces of equipment to be stored on the property and if any additional pieces are to be added to the property, the applicant shall come before the Planning and Zoning Commission for permission.

G.    It would also be recommended that the owner and the applicant shall provide the Planning and Zoning Commission and Zoning Enforcement Officer with written promise to clean up all equipment and other materials, including junk and other discarded metal parts and the like within one (1) year of the date of any such approval. The site should be re-inspected  by the ZEO at that time and if found out of compliance, a zoning enforcement action, possibly including daily fines should be considered for imposition to whoever is the property owner at that time.

H.    Photo documentation of the permitted nonconforming use by the ZEO shall be done again at the one (1) year time period for inclusion into the file on this matter.

 

Therefore: The Commission finds the proposed use to be a legal continuation of a previously established nonconforming commercial use. The proposed use is permitted on the site with the restrictions as noted above based on the findings herein.

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

Unanimous approval.

 

 

 

 

 

 

 

 

 

 

 

 

2.      19 Amadeo Drive, Application #2018-001 submitted by Robert Jones 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 Calhoun and seconded by Shea to approve the following resolution for Application #2018-001:

 

Whereas, Robert Jones, applicant, applied to the Planning and Zoning Commission on February 7, 2018, for a Special Exception Permit for a 650 square foot accessory apartment to be located above the attached garage at property known as 19 Amadeo Drive;

 

Whereas, Catherine Geloso, owner of the property, authorized Robert Jones to make application for a Special Exception accessory apartment permit in a letter dated February 6, 2018;

 

Whereas, the Planning and Zoning Commission opened a public hearing on Application #2018-001 for a Special Exception Permit for an accessory apartment at 19 Amadeo Drive on April 4, 2018.  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.      The Commission received correspondence dated March 2, 2018, from Quinnipiack Valley Health District in which they state that they approved a proposal for a one bedroom accessory apartment over the garage.

2.      Roderick White, Fire Marshal, signed off on the back of the application form on March 4, 2018, indicating his approval.

3.      Cindy Gaudino, representative of the Connecticut Water Company, sent an email dated March 15, 2018, in which she states she has no comment.

4.      The application and Statement of Use dated March 5, 2018, demonstrate that the proposed accessory apartment would contain only 650 square feet of living space, and the Town of Bethany Zoning Regulations allows 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 December 1, 2017, the Bethany Planning and Zoning Commission approves the application of Robert Jones for a Special Exception Permit for a 650 square foot accessory apartment (#2018-001) as shown on the floor plan dated February 6, 2018, by Robert Jones and as per the statement of use dated March 5, 2018,          

 

And with the following conditions:

1)                 The owner of the property shall file a copy of the permit on the land records in the Town of Bethany.

2)                 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.

 

 

 

 

 

3)                 A building permit for the accessory apartment must be submitted and approved by the building official prior to any construction.

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

Unanimous approval.

 

3.      Continue discussion regarding Accessory Apartments and other Zoning Regulations including Attainable Housing Regulation - 

 

Hiram Peck, Planning Consultant, submitted a revised draft amendment dated February 25, 2018, for Attainable Housing Overlay Zone.  Mr. Peck suggested having a Special Meeting on Wednesday, May 9, 2018, to discuss the regulation amendments.

Tabled.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT

Isabel Kearns, ZEO, distributed copy of report she prepared as follows:

·         Building Permits for March.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Harrison and seconded by Calhoun to adjourn the regular meeting at 9:20 p.m.

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

Unanimous approval.

 

 

 Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission

 

 

 

BOARD OF FINANCE          

MARCH 27, 2018

Page 1 of 2

 

DRAFT                                                                                                                             

 

 Chairman John Grabowski, John Ford IV, Sally Huyser, Sharon Huxley

Visitors:  Tom Broesler, First Selectwoman Derrylyn Gorski

Chairman Grabowski called the meeting of the Board of Finance to order at 7:04 p.m.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.

APPROVAL OF MINUTES

Chairman Grabowski called for a motion of approval for the minutes of the meeting of March 20, 2018.  The motion of approval was moved by Sally Huyser and seconded by Sharon Huxley.  There were no changes made to the minutes.  The minutes were approved on a unanimous vote.


CHAIRMAN’S REPORT

Chairman Grabowski had nothing to report as there had been no meetings of the Amity Finance Committee since the last meeting.

FIRST SELECTWOMAN’S REPORT

First Selectwoman Gorski reported that she has received notice from OPM about a Municipal Project Grant for $67,229 that is possibly going to be available before the end of this fiscal year.  She has signed all the preliminary paperwork for ithe application.

First Selectwoman Gorski reported that the 1% Real Estate tax to have been kept by the Town for Real Estate sales conveyance failed to pass at the Legislative level.  This revenue would have been kept by the Town for land acquisition.

BUDGET 2018-19

The every other week curbside recycling for the Town of Bethany would cost the Town of Bethany and additional charge of $105,000 per year if implemented.  If a contract were to be considered a possible savingS of $14,000 might be given.

Chairman Grabowski would like to wait and see how the final budget looks before the Board considers approval the purchase of a pay loader   for the Highway Department as a Capital Expenditure.

At this time the Board was uncertain whether they would fund the Land Acquisition Fund this year.

The increase in mill rate to the current rate for real estate for motor vehicles over last year’s rate of 32 mils will add $152,000 to the revenues for fiscal year 2018-19. 

 

 

 

Chairman Grabowski made a request to Tom Broesler for a completed proposed budget, to be sent to members before Tuesday April 3, 2018 for their review.  He would like the figures without funding the Land Acquisition Fund without a mill rate increase using $200,000 -$250,000 out of the General Fund.

The Board will meet April 10, 2018 to go over these numbers.

ADJOURNMENT

Adjournment was called at 8:35 p.m. after a motion was moved by Sharon Huxley and seconded by Sally Huyser.  The vote taken was unanimous.

 

                                                                                                Respectfully submitted,

 

                                                                                                June G. Riley

                                                                                                Clerk, Board of Finance