MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JUNE 6,
2018 Page 1 of 11
The following Commission Members
were present:
Kimberly McClure Brinton, Chair
Donna Shea, Member/Secretary
Bob Harrison, Member
Alex Hutchinson, Member
Brad
Buchta, Alternate Member
Carol
Lambiase, Alternate Member
Eric McDonald, Alternate Member,
seated as a voting member.
The
following Commission Member was absent:
Michael Calhoun, Vice-Chair
Also present were:
Hiram
Peck, Planning Consultant
Isabel
Kearns, Zoning Enforcement Officer
Kevin
McSherry, Town Attorney
APPROVAL OF MINUTES
Unanimous approval.
Unanimous approval.
Unanimous approval.
BILLS
1.
It was moved by Harrison and seconded by Shea to
approve the payment of $1,200.00 (monthly pro rata basis), for services
rendered for May 2018, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
Unanimous approval.
GENERAL CORRESPONDENCE
1)
Letter from Alan Shepard, P.E., of Nowakowski,
O’Bymachow & Kane, dated May 16, 2018, Re:
Attached copies of Record Subdivision Map showing the monuments set for
Mesa Drive, Silsby Estates and easements for Lot 1 for drainage and slopes and
conservation.
2)
Email from Michael Sullivan, BVFD Water Resource
Officer to James Woodward, dated May 23, 2018, Re: Relocating the water resources for Clifford
Drive and Silsby Estates.
3)
Letter from Gale E. Ridge, Scientist, dated May 6,
2018, Re: Wind Study at Airport
Property.
4)
Letter from Gale E. Ridge, Scientist, dated May 21,
2018, Re: Sustainable CT actions wish
list.
5)
Letter from Isabel Kearns, ZEO, to Ada Jean Matson of
110 Bethmour Road, dated May 7, 2018,
Re: Notice of Violation, junkyards.
6)
Letter from Isabel Kearns, ZEO, to Ada Jean Matson of
110 Bethmour Road, dated May 30, 2018,
Re: Second Notice of Violation,
junkyards.
At 7:15 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.
Chair Brinton noted that the
Commission has received the following items relative to the subject
application. Exhibit identification was
assigned as noted:
A. Exhibit 1B – Letter from Alan
Shepard, P.E., of Nowakowski, O’Bymachow & Kane, dated May 16, 2018,
Re: Attached copies of Record
Subdivision Map showing the monuments set for Mesa Drive, Silsby Estates and
easements for Lot 1 for drainage and slopes and conservation.
B. Exhibit 2B – Email from Michael
Sullivan, BVFD Water Resource Officer to James Woodward, dated May 23, 2018,
Re: Relocating the water resources for
Clifford Drive and Silsby Estates.
Present to speak on behalf of this application was Mr. Alan
Shepard, P.E. of Nowakowski, O’Bymachow, Kane, representing the applicant. Mr. Shepard reviewed the proposed
subdivision.
Some items of discussion were:
·
Water runoff.
·
Water Resource for subdivisions (Clifford and
Silsby Estates).
·
Blasting.
·
Town Engineer (Nafis and Young) to review.
·
Conservation Easement to Land Trust.
·
Beaver situation.
Michael Sullivan, BVFD Water Source Officer, stated he has
not heard a response from the property owner regarding the relocation of the
water sources. Mr. Shepard will work on
this issue.
Mr. Shepard granted a 36-day extension to continue public
hearing to the next regular meeting on Wednesday, July 11, 2018.
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
Connie Lafemina of 50 Mesa Drive.
o
Paul Bukowski of 67 Mesa Drive.
o
Todd Green of 64 Mesa Drive.
There being no further questions at this time, at 8:20 p.m.,
it was moved by McDonald and seconded by Harrison to recess the public hearing
and continue the public hearing to the next regular meeting on Wednesday, July
11, 2018.
Unanimous
approval.
At 8:25 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.
Isabel Kearns, ZEO, stated that the Quinnipiack Valley
Health District has not approved the application at this time.
At 8:35 p.m., it was moved by Harrison and seconded by Shea
to recess the public hearing on the subject application and continue it to the
next regular meeting on Wednesday, July 11, 2018.
Unanimous
approval.
NEW BUSINESS
1)
Discussion
with Dr. Gale Ridge of the Bethany “Environment” Committee regarding Wind Study
at Airport and “Sustainable CT” –
Present for this discussion was Dr. Gale Ridge. Dr. Ridge submitted the following:
·
Letter dated May 6, 2018, Re: Wind Study at Airport Property with attached
description of Wind Speed/Direction Smart Sensor.
·
Letter dated May 21, 2018, Re: Sustainable CT “actions” wish list.
Commission members discussed Wind Study at Airport Property. Dr. Ridge will submit more information on the
proposed Study as discussed.
Commission will look over Sustainable CT “actions” wish list
and decide what is attainable.
2)
7 Green Hill
Road, Application #2018-011 submitted by Conley Taylor for a Home Occupation
Permit for office for Memphis-Bell Sauce Company –
The Commission formally received the application. No one was present to speak on behalf of this
application.
Isabel Kearns, ZEO, stated the applicant has received all
the necessary approvals.
Isabel Kearns, ZEO, 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 #2018-011:
Whereas, Eileen
Taylor, owner of 7 Green Hill Road, authorized Conley Taylor to make
application to the Planning and Zoning Commission for Home Occupation Permit
for a home office for Memphis-Bell Sauce Company in an email dated May 2, 2018;
Whereas, Conley Taylor
applied to the Planning and Zoning Commission on June 6, 2018, for a Home Occupation
Permit to operate a home office for Memphis-Bell Sauce Company located a 7
Green Hill Road;
Whereas, the
Commission at its regular meeting of June 6, 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 May 2, 2018,
indicating her approval.
2)
Rod White, Fire Marshal, signed off on the back of the
application form on May 2, 2018, indicating his approval.
3)
The Commission received correspondence from Ronald
Walters, South Central Connecticut Regional Water Authority Representative,
dated May 2, 2018, in which he stated he has no comment.
Now Therefore Be It
Resolved, that pursuant to Section 4.3.E.4.b. of the Town of Bethany Zoning
Regulations, amended to December 1, 2017, the Bethany Planning and Zoning
Commission approves the application of Conley Taylor to operate an office for Memphis-Bell Sauce Company in his home
at 7 Green Hill Road, as outlined in the Statement of Use.
Unanimous
approval.
3)
6 Sargent
Drive, Application #2018-012 submitted by Lizzie Holloway for a Special
Exception Permit for a LED Price Sign for Gas Station
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
July 11, 2018, for Application #2018-012 submitted by Lizzie Holloway for a
Special Exception Permit for a LED Price Sign for Gas Station located at 6
Sargent Drive in the Commission Meeting Room of the Bethany Town Hall. Hearings will commence at 7:15 p.m.
Unanimous
approval.
4)
696 Amity
Road, Unit A-4, Application #2018-013 submitted by Bujar Potuku for a Change of
Use Permit to Locksmith Business (CT Locksmith Services) –
The Commission formally received the application. No one was to speak on behalf of this
application.
Isabel Kearns, ZEO, stated the applicant has received all
the necessary approvals except for the Fire Marshal, who is unavailable due to
emergency.
Isabel Kearns, ZEO, 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 #2018-013:
Whereas, Bujar
Potoku applied to the Planning and Zoning Commission on June 6, 2018, for a Change of Use Permit to operate a
locksmith business located at 696 Amity Road, Unit A4;
Whereas, the
Commission at its regular meeting of June 6, 2018, considered the statement of
use, narrative, testimony and other pertinent application information relating
to this Change of Use Permit Application;
Now Therefore,
the Commission makes the following findings of fact and decision regarding this
application:
1)
The Commission received correspondence dated May 7,
2018, from John Laudano, Quinnipiack Valley Health District Representative, in
which he states, “This approval is for a two-person locksmith shop.”
2)
The Commission received correspondence from Ronald
Walters, South Central Connecticut Regional Water Authority Representative,
dated June 4, 2018, in which he stated he has no comment.
Now Therefore Be It
Resolved, that pursuant to Section 5.1.B. of the Town of Bethany Zoning
Regulations, amended to December 1, 2017, the Bethany Planning and Zoning
Commission approves the application of Bujar Potoku for a Change of Use Permit
to operate a locksmith business located at 696 Amity Road, Unit A4, and as
outlined in the Statement of Use.
And with the following modifications:
1)
A building permit for an Interior-Fit-Out must be
approved by the Building Official and the Fire Marshal prior to any renovations
to or occupancy of the building.
2)
Pending signoff by the Fire Marshal.
Unanimous
approval.
5)
400 Downs
Road, Application #2018-014 submitted by Travis Branch for a Home Occupation
Permit for office for Ad Agency –
The Commission formally received the application. No one was present to speak on behalf of this
application,
Isabel Kearns, ZEO, stated the applicant has received all
the necessary approvals except for the Fire Marshal, who is unavailable due to
emergency.
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 #2018-014:
Whereas, Travis
Branch applied to the Planning and Zoning Commission on June 6, 2018, for a Home
Occupation Permit to operate an ad agency in his home located at 400 Downs
Road;
Whereas, the
Commission at its regular meeting of June 6, 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 June 4, 2018
indicating her approval.
2)
The Commission received correspondence from Ronald
Walters, South Central Connecticut Regional Water Authority representative,
dated May 15, 2018, in which he stated he has no comment.
Now Therefore Be It
Resolved, that pursuant to Section 4.3.E.4.b. of the Town of Bethany Zoning
Regulations, amended to December 1, 2017, the Bethany Planning and Zoning
Commission approves the application (#2018-014)
of Travis Branch for a Home Occupation Permit to operate an office for an ad
agency in his home located at 400 Downs Road, as outlined in the Statement of
Use.
And with the following modification:
1)
Pending signoff by the Fire Marshal.
Unanimous
approval.
6)
8 Dayton
Road, Application #2018-015 submitted by Dennis Croteau 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 Hutchinson to schedule a public hearing
date of July 11, 2018, for Application #2018-015 submitted by Dennis Croteau
for a Special Exception Permit for an Accessory Apartment located at 8 Dayton
Road in the Commission Meeting Room of the Bethany Town Hall. Hearings will commence at 7:15 p.m.
Unanimous
approval.
7)
13 Bear Hill
Road, Application #2018-016 submitted by Tim and Wendy Kriz to operate a
seasonal ice cream parlor and 4’ by 4’ sign –
The Commission formally received the application. Present to speak on behalf of this
application were Tim and Wendy Kriz, applicants and owners of record.
Some comments by the applicants were:
·
Showed where sign is proposed to be located.
·
Size of stand will be 24’ by 36’.
·
Ice cream will be purchased from a vendor.
·
Will look like a post and beam rustic barn with
overhang on a slab.
It was moved by Harrison and seconded by Shea to approve
Application #2018-016 submitted by Tim and Wendy Kriz to operate a seasonal ice
cream parlor and 4-foot by 4-foot sign as follows:
The Planning and Zoning Commission finds that Application
#2018-016 submitted, including the plan received on June 5, 2018, with
annotations from the Quinnipiack Valley Health District and the letter from the
State of Connecticut, Department of Public Health dated June 5, 2018, which are
part of the file submitted with this application, qualifies as an Accessory
Structure, Accessory Farm Related Structure, under Sections 4.3.C, 4.3.E. and
4.3.F. of the Bethany Zoning Regulations.
This approval is subject to the following:
·
Applicant shall satisfy the requirements of the
State of Connecticut, Department of Public Health before obtaining a
Certificate of Occupancy for a Public Water System.
·
Applicant shall satisfy the requirements of the
Quinnipiack Valley Health District prior to opening the facility.
Unanimous
approval.
1)
Mesa Drive,
Application #2018-003 submitted by James W. Woodward, Jr., for a Three-lot
Subdivision – Public hearing continued to July 11, 2018. Tabled.
2)
44 Tuttle
Court, Application #2018-008 submitted by William and Frances DeMaio for a
Special Exception Permit for an Accessory Apartment – Public hearing
continued to July 11, 2018. Tabled.
3)
Discussion
with Robert Sherwood, Landscape Architect regarding CFC Landscaping Plan, 667
Amity Road –
Present for this discussion was Robert Sherwood, Landscape
Architect. Mr. Sherwood submitted a
revised plan dated March 12, 2018, revised to May 17, 2018, and entitled “Site
Section Plant Growth” prepared by Robert Sherwood. Commission members reviewed revised plan and
discussed and then proceeded to deliberate.
It was moved by Hutchinson and seconded by Shea to approve
the submitted Landscaping plan entitled “Site Section Plant Growth, CFC Park,
667 Amity Road” prepared by Robert Sherwood, dated March 12, 2018, revised to
May 17, 2018, as follows:
·
Subject to the determination that the plan meets
at least the minimum landscape requirements.
·
Subject to fact that the Planning and Zoning
Commission will look at the plantings after installed prior to release of the
bond.
·
Subject to the Planning and Zoning Commission
review and approval of the plantings after weathering in the
Spring/Summer/Fall/Winter 2018 and Spring 2019.
Unanimous
approval.
4)
Continue
discussion regarding Accessory Apartments and other Zoning Regulations
including Attainable Housing Regulation - Tabled.
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, distributed copy of report she prepared as follows:
·
Building permits form May 7, 2018 to May 31,
2018.
·
Site inspections from May 3, 2018 to May 31,
2018.
ADJOURNMENT
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Planning and Zoning
Commission
