Friday, June 8, 2018


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, MAY 2, 2018           Page 1 of 12

 

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 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

            Kevin McSherry, Town Attorney arrived at 7:33 p.m.

 

 

APPROVAL OF MINUTES                

            

1.      It was moved by Calhoun and seconded by Harrison to approve the minutes of the     April 4, 2018, Regular Meeting with the following amendment:

·         Page 6, Second Paragraph from bottom – Reads “Also, Dr. Ridge briefly discussed monitoring wind turbine at the Airport Property and placing an anemometer to do this.” Change to “Also, Dr. Ridge briefly discussed monitoring wind speed at the Airport Property and placing an anemometer to do this.”

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

      Unanimous approval.

 

BILLS

 

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.

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

Unanimous approval.

 

2.      It was moved by Harrison and seconded by Calhoun to approve the payment of a bill for $125.00, dated for May 2, 2018, from Anne Sohon for recording services for the public hearing (72 Downs Road, Mesa Drive, 205 Amity Road).

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

Unanimous approval.

 

 

 

 

 

GENERAL CORRESPONDENCE

 

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. 

 

PUBLICATIONS AND WORKSHOPS

 

1.      Connecticut Federation of Planning and Zoning Agencies, Quarterly Newsletter,       April 2018.

 

PUBLIC HEARING

 

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

 

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.

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

Unanimous approval.                                                                                                                                                                

 

 

 

 

 

 

 

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

 

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. 

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

Unanimous approval.                                                                                                                                                                

 

 

·         205 Amity Road, Application #2018-006 submitted by Earl Sickinger/Route 63 Associates, LLC for a Special Exception Permit for a dwelling unit in an existing commercial building

 

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.

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

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.

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

Unanimous approval.

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OLD BUSINESS

 

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

 

There being no further business to come before the Commission, it was moved by Shea and seconded by Calhoun to adjourn the regular meeting at 9:05 p.m.

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

Unanimous approval.

 

 Respectfully submitted,

 

 

Antonia R. Marek, Clerk
Clerk for the Planning & Zoning Comm.