The following Commission Members
were present:
APPROVAL OF MINUTES
Unanimous approval.
1.
It was moved by Calhoun and seconded by Harrison to
approve the payment of $1,200.00 (monthly pro rata basis), for services
rendered for April 2018, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
Unanimous approval.
1)
Letter from Bethany Conservation Commission dated April
23, 2018, Re: Comments on review of
Application #2018-003, Silsby Estates, Mesa Drive, Open Space.
2)
Email from Michael Sullivan, Bethany BVFD Water
Resource Officer, dated January 28, 2018, Re:
Fire Suppression Tank, Application #2018-003, Mesa Drive.
3)
Letter from Michael Sullivan, Bethany BVFD Water
Resource Officer, dated April 25, 2018, Re:
Fire Suppression Tank, Clifford Estates and Silsby Estates, Mesa Drive.
4)
Email from James Woodward, dated April 27, 2018,
Re: Mesa Drive developments, water
source facility.
5)
Email from Eugene Livshits of South Central Regional
Council of Governments, dated May 1, 2018, Re:
Comments on notification of Mesa Drive Subdivision which is within 500
feet of the Beacon Falls property line.
6)
Email from Michael Calhoun, PZC, dated April 23, 2018,
Re: CFC 667 Amity Road, Landscape
Planting.
At 7:17 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.
No one was present to speak on behalf of this
application. The owners contacted the
clerk to state they would be travelling and would not be present at public
hearing.
Isabel Kearns, ZEO, stated the Commission previously
approved a Special Exception Permit for an accessory apartment on January 4,
2012. The new owner of the property is
now before the Commission for an approval of the Special Exception Permit for
an accessory apartment in his name.
There will be no changes to the house.
The Commission had no concerns.
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 7:20 p.m., it was moved by Shea and seconded by Calhoun
to close the public hearing on the subject application.
Unanimous
approval.
At 7:21 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.
Chair Brinton noted that the
Commission has received the following items relative to the subject
application. Exhibit identification was
assigned as noted:
A. Exhibit 1A – Letter from Bethany
Conservation Commission dated April 23, 2018, Re: Comments on review of Application #2018-003, Silsby
Estates, Mesa Drive, Open Space.
B. Exhibit 2A – Email from Michael
Sullivan, Bethany BVFD Water Resource Officer, dated January 28, 2018, Re: Fire Suppression Tank, Application #2018-003,
Mesa Drive.
C. Exhibit 3A - Letter from Michael Sullivan, Bethany BVFD
Water Resource Officer, dated April 25, 2018, Re: Fire Suppression Tank, Clifford Estates and Silsby
Estates, Mesa Drive.
D. Exhibit
4A - Email from James Woodward, dated April
27, 2018, Re: Mesa Drive developments,
water source facility.
E. Exhibit 5A - Email from Eugene
Livshits of South Central Regional Council of Governments, dated May 1, 2018,
Re: Comments on notification of Mesa Drive
Subdivision which is within 500 feet of the Beacon Falls property line.
Present to speak on behalf of this application was Mr. James
Woodward, applicant and owner of record, who briefly reviewed the proposed
subdivision.
Isabel Kearns, ZEO, stated that the language for the
Conservation Easement has not been submitted and that the Commission should
continue public hearing so the documents can be submitted.
The Commission discussed the letter from the Conservation
Commission dated April 23, 2018, regarding the proposed Land Trust trail.
The Commission would like to conduct a site visit.
Michael Sullivan, BVFD Water Resource Officer – Mr.
Sullivan had submitted to the Commission Exhibits 2A and 3A regarding a fire
suppression tank. Mr. Sullivan explained
that there is no functional water source for that side of Town for the general
public safety due to changes in the environment. A 30,000 gallon water tank should be
installed for the Clifford Estates before vertical construction of Clifford
Estates as requested in approval given in 2016.
If this is not completed, the applicant will need to show the 30,000
gallon water tank on the plan for Silsby Estates. Mr. Sullivan stated that no waiver for water
source can be given at this time. Mr.
Sullivan also stated that one water tank can accommodate both Clifford Estates
and Silsby Estates.
Chair Brinton asked if anyone from
the public would like to speak in favor of the application or against the
application. The following individuals
spoke:
o
Norma Camacho of 70 Mesa Drive.
o
Don Murphy of 67 Tawney Drive.
o
Paul Bukowski of 67 Mesa Drive.
There being no further questions at this time, at 8:08 p.m.,
it was moved by Calhoun and seconded by Harrison to recess the public hearing
and continue the public hearing to the next regular meeting on June 6,
2018.
Unanimous
approval.
At 8:09 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 Elizabeth
Evans, Managing member of Sportech Holding, LLC, owner of record.
Some items mentioned during discussion with Ms. Evans were:
·
A full bathroom and kitchenette already exists
in the building.
·
There will be no additions outside of building.
·
Potential buyer of building will lease out
office space.
Isabel Kearns, ZEO, stated the applicant has met all the
requirements of the zoning 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.
At 8:17 p.m., it was moved by Calhoun and seconded by Shea
to close the public hearing on the subject application.
Unanimous
approval.
NEW BUSINESS
1.
Discussion
with Tim and Wendy Kriz regarding a seasonal ice cream stand located at Kriz
Farm located at 13 Bear Hill Road –
Present for this discussion were Tim and Wendy Kriz of 13
Bear Hill Road – Kriz Farm. The Kriz’s
stated that they would like to have an ice cream stand on their property and
that they have contacted Quinnipiack Valley Health District and an engineer to
start the process. They Kriz’s had a map
of property and reviewed the location with the Commission.
The Kriz’s will work with the ZEO on completing an
application to be submitted to the Commission with a site plan showing location
of stand and parking. Also, they would
like to have a sign.
2.
44 Tuttle
Court, Application #2018-008 submitted by William and Frances DeMaio 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 Shea to schedule a public hearing date of
June 6, 2018, for Application #2018-008 submitted by William and Frances DeMaio
for a Special Exception Permit for an Accessory Apartment located at 44 Tuttle
Court in the Commission Meeting Room of the Bethany Town Hall.
3.
106 Luke Hill
Road, Application #2018-009 submitted by Wattana and Amanda Vongsavanh for a
Home Occupation Permit for photography business and home office for food
(sauce) business –
The Commission formally received the application. Present to speak on behalf of this
application were Wattana and Amanda Vongsavanh, applicants.
Some comments by the applicants were:
·
This will be a home based office for food
business; will not be producing any food product at home.
·
For the photography business, this will be a home
office.
·
Applicant amended application to include a sign
for photography business.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members reviewed and proceeded to
deliberate. It was moved by Calhoun and seconded by Harrison to approve the following
resolution for Application #2018-009:
Whereas, Wattana and
Amanda Vongsavanh, applicants, applied to the Planning and Zoning Commission
for a Home Occupation Permit to operate a home office for Vongs Food and Watt V
Photo and a sign permit for photography business located at 106 Luke Hill Road;
Whereas, Phongsy
Vilayvong, owner of the property, authorized Watt and Amanda Vongsavanh to make
application to the Planning and Zoning Commission for this Home Occupation
Permit in an email dated May 2, 2018;
Whereas, the
Commission at its regular meeting of May 2, 2018, 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 Representative,
signed off on the back of the application on April 27, 2018, indicating her
approval. She stated there shall be no
food storage in the home.
2)
Rod White, Fire Marshal, signed off on the back of the
application form on May 1, 2018, indicating his approval.
3)
The Planning and Zoning Commission received a letter
dated April 30, 2018, from Ronald Walters, South Central Connecticut Regional
Water Authority Representative, in which he states he has no comment.
Now Therefore Be It
Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning
Regulations, amended to December 1, 2017, the Bethany Planning and Zoning
Commission approves the application of Wattana & Amanda Vongsavanh for a
Home Occupation Permit to operate a home office for Vongs Food and Watt V Photo
and a Sign Permit for the photography business located at 106 Luke Hill Road,
as outlined in the Statement of Use dated April 6, 2018.
Vote 5 to 0.
Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous
approval.
4.
20 Robertson
Drive, Application #2018-010 submitted by Al’s Carpet Service for a Home
Occupation Permit for home office for carpet business –
The Commission formally received the application. No one was present to speak on behalf of this
application.
Isabel Kearns, ZEO, stated the application has met all the
requirements and that she has prepared a draft resolution. Commission members reviewed and proceeded to
deliberate. It was moved by Harrison and seconded by Hutchinson to approve the
following resolution for Application #2018-010:
Whereas, Alfred
J. Marrone, owner of 20 Robertson Drive, applied to the Planning and Zoning
Commission on May 2, 2018, for a Home Occupation Permit to operate a home
office for carpet installation business;
Whereas, the
Commission at its regular meeting of May 2, 2018, 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 April 17,
2018, indicating her approval.
2)
Rod White, Fire Marshal, signed off on the back of the
application form on May 1, 2018, indicating his approval.
Now Therefore Be It
Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning
Regulations, amended to December 1, 2017, the Bethany Planning and Zoning Commission
approves the application of Alfred J. Marrone for a Home Occupation Permit to
operate an office for a carpet installation business in his home located at 20
Robertson Drive, as outlined in the Statement of Use dated April 17, 2018.
Vote 5 to 0.
Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous
approval.
1.
72 Downs
Road, Application #2018-002 submitted by Robert Bouvier for a Special Exception
Permit for an accessory apartment –
The public hearing was closed this evening. Isabel Kearns, ZEO, prepared a draft
resolution. Commission members proceeded
to deliberate. It was moved by Shea and seconded by Calhoun to approve the following
resolution for Application #2018-002:
Whereas, Robert Bouvier, owner of 72 Downs Road,
applied to the Planning and Zoning Commission for a Special Exception Permit
for an Accessory Apartment on April 4, 2018 (#2018-002) to be located within
the existing home;
Whereas, the Planning and Zoning Commission opened a public
hearing on Application #2018-002 for a Special Exception Permit for an Accessory
Apartment located at 72 Downs Road on May 2, 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. This
accessory apartment was previously approved by this Commission on January 4,
2012.
2. As
the accessory apartment is wholly contained within the existing home, no Inland
Wetlands permit is required.
3. The
Commission received a letter from Lynn Fox, Representative of Quinnipiack
Valley Health District, dated March 2, 2018, which states she can recommend
approval of the application as long as there is no change in the floor plan or
building footprint from the originally approved application of Joan Jackson,
previous owner.
4. Roderick
White, Fire Marshal, signed off on the back of the application form indicating
his approval on March 9, 2018.
5. The
Commission received a letter dated March 9, 2018, from Ronald Walters of the
South Central Connecticut Regional Water Authority, stating that they have no
comment.
6. The
application and Statement of Use dated February 23, 2018, demonstrates that the
proposed accessory apartment would contain 672 square feet of living space.
7. The
Planning and Zoning Commission finds that the application for a Special
Exception Permit for an Accessory Apartment located at 72 Downs Road complies
with Section 4.4.J. of the Bethany Zoning Regulations and satisfies the intent
of the Regulations, as it is wholly contained within the existing structure.
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 for a Special
Exception Permit for an Accessory Apartment of 672 square feet (#2018-002) as
shown on the floor plan submitted March 2, 2018 and as per the statement of use
dated February 23, 2018;
And with the following conditions:
1)
The owner of the property shall file a copy of this
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.
Vote 5 to 0.
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 – Public hearing continued to June 6, 2018. Tabled.
3.
205 Amity
Road, Application #2018-006 submitted by Earl Sickinger/Route 63 Associates,
LLC for a Special Exception Permit for a dwelling unit –
The public hearing was closed this evening. Isabel Kearns, ZEO, prepared a draft
resolution. Commission members proceeded
to deliberate. It was moved by Harrison and seconded by Calhoun to approve the following
resolution for Application #2018-006:
Whereas, Earl
Sickinger (Rt. 63 Associates, LLC) applied to the Planning and Zoning Commission
on April 4, 2018, for a Special Exception Permit for a 827-square foot accessory
dwelling unit to be located within the existing building at 205 Amity Road;
Whereas, Steven
Sickinger, also owner of Rt. 63 Associates, LLC, authorized Beth Evans to act
as their agent for this Special Exception Permit for a 827-square foot accessory
dwelling unit to be located within the existing building at 205 Amity Road in a
letter submitted March 26, 2018;
Whereas, the Planning and Zoning Commission opened a public
hearing on May 2, 2018, for Application #2018-006 for a Special Exception
Permit for an accessory dwelling unit located at 205 Amity Road and closed the
public hearing after the conclusion of testimony that same evening;
Whereas, the
Commission, at its regular meeting also held on May 2, 2018, considered the
Statement of Use, narrative, testimony and other pertinent application
information relating to a request for a Special Exception Permit to allow an
accessory apartment within a commercial
building (#2018-006);
Now Therefore, the Planning and Zoning Commission
makes the following findings of fact and decisions regarding the application:
1)
The Commission received a letter dated April 25, 2018,
from Lynn Fox and Leslie Balch, Representatives of Quinnipiack Valley Health
District. The letter stated that
“detected soil conditions in the area designated for eventual replacement of
the subsurface sewage disposal system indicate that the minimum requirements of
the appropriate sections of the Connecticut Public Health Code were observed
for a proposed one-bedroom apartment and an office space of 2,154 square feet.”
2)
Rod White, Fire Marshal, signed off on the back of the
application form on April 4, 2018 and also wrote a letter dated April 4, 2018,
in which he states, “My feeling is by marking “approved” and signing this or
any Zoning Application gives a false impression to the applicant that the Fire
Marshal’s requirement has been met and that is not the case. I would ask that this letter be allowed to be
used for any future application, or until we can review my requirement for
approval on the application in general.”
3)
The application dated March 26, 2018, demonstrates that
the proposed accessory dwelling unit would contain only 827-square feet of
living space, and the Town of Bethany Zoning Regulations allows a maximum of
1,000 square feet of living space, not including utility room or garage space.
4)
In a letter dated March 29, 2018, Ronald Walters, South
Central Connecticut Regional Water Authority Representative, said that they
have no comment.
Now Therefore Be It Resolved, that pursuant to
Section 5.2.B.8. of the Bethany Zoning Regulations, amended to December 1, 2017,
the Bethany Planning and Zoning Commission approves the application of Earl
Sickinger (Rt. 63 Associates, LLC) for a Special Exception Permit for an 827-square
foot accessory dwelling unit (#2018-006) as shown on the floor plan submitted
March 26, 2018.
And with the following conditions:
1.
The owner of the property shall provide to the
Commission an annual affidavit, due prior to January 1 each year to the effect
that the accessory dwelling unit continues to be in full compliance with all
sections of these regulations.
2.
A building permit for the accessory dwelling unit must
be submitted and approved by the building official prior to any construction.
3.
The fire marshal must approve the plans prior to
construction.
Vote 5 to 0.
Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous
approval.
4.
Discussion
with Robert Sherwood, Landscape Architect regarding CFC Landscaping Plan, 667
Amity Road –
No one was present for this discussion. Members Calhoun and Lambiase submitted an
email dated April 23, 2018, with some ideas for the landscape plantings for 667
Amity Road. This email was forward to Robert
Sherwood of Robert Sherwood Landscape Architect LLC of Brookfield,
Connecticut.
Hiram Peck, Planning Consultant, suggested the ZEO contact
Mr. Sherwood regarding attending the next meeting to discuss the landscaping. Tabled.
5.
Continue
discussion regarding Accessory Apartments and other Zoning Regulations
including Attainable Housing Regulation -
The Commission scheduled a Special Meeting for May 23, 2018,
at 7:00 p.m. to discuss the regulation amendments in the Commission Meeting
Room of the Bethany Town Hall. Tabled.
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, distributed copy of report she prepared as follows:
·
Building
Permits for March.
·
Site
Inspections for April.
OTHER BUSINESS
The Commission scheduled a Site
Visit/Special Meeting/Hearing Continuation for Wednesday, May 23, 2018, at 6:00
p.m. for Application #2018-003 submitted by James Woodward, Jr. Members to meet at Mesa Drive.
ADJOURNMENT
Unanimous
approval.
