MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JULY 11,
2018 Page
1 of 11
The following Commission Members
were present:
Kimberly McClure Brinton, Chair
Michael Calhoun, Vice-Chair
Donna Shea, Member/Secretary
Bob Harrison, Member
Alex Hutchinson, Member
Brad
Buchta, Alternate Member
Carol
Lambiase, Alternate Member
Eric McDonald, Alternate Member
Also present were:
Hiram Peck,
Planning Consultant
Isabel
Kearns, Zoning Enforcement Officer
Kevin
McSherry, Town Attorney
APPROVAL OF MINUTES
Unanimous approval.
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 June 2018, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
Unanimous approval.
Unanimous approval.
GENERAL CORRESPONDENCE
1)
Letter from Quinnipiack Valley Health District, dated
January 12, 2018, Re: Comments on review
of 3-lot subdivision, Woodward, Mesa Drive, Silsby Estates.
2)
Letter from James W. Woodward, dated July 3, 2018,
Re: Silsby Estates, water tank for fire
suppression, Mesa Drive.
3)
Email from Dave Nafis, Town Engineer, dated June 19,
2018: Comments on review of Mesa Drive,
3-lot subdivision, Woodward with attached letter dated June 19, 2018.
4)
Email from Alan Shepard, Nowakowski, O’Bymachow, Kane,
dated June 14, 2018, Re: DTC comments on
review of 3-lot subdivision, Mesa Drive, Woodward, dated October 23, 2017, and drainage narrative
revised to June 13, 2018.
5)
Letter from Isabel Kearns, ZEO, to Frederick Haversat
of 99 Bethmour Road, dated June 28,
2018, Re: Notice of Violation, outside
storage.
6)
Letter from Isabel Kearns, ZEO, to Mr. Mrs. Dennis
Marsh of 285 Sperry Road, dated July 5, 2018, Re: Notice of Violation, sign without permit.
At 7:20 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.
Member Calhoun stated he listened to the recording for the
public hearing on June 6, 2018.
Chair Brinton noted that the
Commission has received the following items relative to the subject
application. Exhibit identification was
assigned as noted:
A. Exhibit 1C – Letter from Quinnipiack
Valley Health District, dated January 12, 2018, Re: Comments on review of 3-lot subdivision,
Woodward, Mesa Drive, Silsby Estates.
B. Exhibit 2C - Letter from James
W. Woodward, dated July 3, 2018, Re:
Silsby Estates, water tank for fire suppression, Mesa Drive.
C. Exhibit 3C - Email from Dave
Nafis, Town Engineer, dated June 19, 2018:
Comments on review of Mesa Drive, 3-lot subdivision, Woodward with attached
letter dated June 19, 2018.
D. Exhibit 4C - Email from Alan
Shepard, Nowakowski, O’Bymachow, Kane, dated June 14, 2018, Re: DTC comments on review of 3-lot subdivision,
Mesa Drive, Woodward, dated October 23, 2017, and drainage narrative revised to
June 13, 2018.
E. Exhibit 5C – Email from Michael
Sullivan, dated July 11, 2018, Re:
Recommending condition of approval for water tank for Silsby Estates,
Mesa Drive.
F. Exhibit 6C – Email from Michael
Sullivan, dated July 10, 2018, Re:
Approval of plans and location of the fire tank for Silsby Estates, Mesa
Drive.
Present to speak on behalf of this application was Mr. Alan
Shepard, P.E. of Nowakowski, O’Bymachow, Kane, representing the applicant. Mr. Shepard stated that Mr. Woodward was
supposed to drop off the plans showing the location of the water tank and he
did not. Mr. Shepard stated his client
might not understand the water source requirement that if the water tank is
placed in the right location it can serve for Clifford Estates and Silsby
Estates.
Hiram Peck, Planning Consultant, recommended the Commission
close the public hearing in the event of receiving the plans showing the
location of the water source.
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 7:45 p.m., it was moved by Calhoun and seconded by Shea
to close the public hearing on the subject application.
Unanimous
approval.
At 7:46 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.
Isabel Kearns, ZEO, stated that the Quinnipiack Valley
Health District has not approved the application at this time.
Mr. DeMaio submitted consent to an extension of time to
continue the public hearing.
At 7:47 p.m., the Commission recessed the public hearing on
the subject application and continued it to the next regular meeting.
Unanimous
approval.
·
6
Sargent Drive, Application #2018-012 submitted by Lizzie Holloway for a Special
Exception Permit for LED Illuminated Sign for gas station -
At 7:48 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 size copy of
site plan showing location of sign and landscaping.
Present to speak on behalf of this application was John LeClerc
of Station Glo of New England. Mr.
LeClerc stated the applicant would like to go with the sign shown on the plan
entitled Option #2, dated March 30, 2017.
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 7:58 p.m., it was moved by Calhoun and seconded by Shea
to close the public hearing on the subject application.
Unanimous
approval.
·
8
Dayton Road, Application #2018-015 submitted by Dennis Croteau for a Special
Exception Permit for an Accessory Apartment -
At 7:59 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 the applicant has received all
necessary approvals and the application meets the zoning requirements.
Present to speak on behalf of this application was Dennis
Croteau, applicant and owner of record.
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 8:03 p.m., it was moved by Calhoun and seconded by
Harrison to close the public hearing on the subject application.
Unanimous
approval.
NEW BUSINESS
1)
233 Amity
Road, Application #2018-017 submitted by Adam Carbone for a Home Occupation
Permit to operate office for construction business –
The Commission formally received the application. No one was present to speak on behalf of this
application.
Member Shea stated she works with Mr. Carbone and stated
this will not affect her decision.
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 Calhoun and
seconded by Hutchinson to approve the following resolution for Application
#2018-017:
Whereas, Adam
Joseph Carbone applied to the Planning and Zoning Commission on July 11, 2018 for a Home Occupation Permit
to operate an office for a construction company in his home located at 233
Amity Road;
Whereas, the
Commission at its regular meeting of July 11, 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 26, 2018,
indicating her approval.
2)
Rod White, Fire Marshal, signed off on the back of the
application form on June 26, 2018
indicating his approval.
3)
The Commission received correspondence from Ronald
Walters, Senior Environmental Analyst for South Central Connecticut Regional
Water Authority, dated June 27, 2018, in which he states he has no comments.
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 Home Occupation application
of Adam Joseph Carbone to operate an office for a construction company in his
home located at 233 Amity Road, as outlined in the Statement of Use, dated May
25, 2018;
And with the following modification:
1)
There shall be no outside storage related to this
operation except the owner’s personal pick-up truck.
Unanimous
approval.
2)
696 Amity
Road, Unit GL5, Application #2018-018 submitted by Heather Stafford for a Change
of Use Permit – Acupuncture Practice (Lotus Flower Acupuncture) –
The Commission formally received the application. Present to speak on behalf of this
application was Heather Stafford, applicant.
Ms. Stafford stated she would like a sign in the front window and
proceeded to modify the application to add a sign permit.
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 Calhoun and
seconded by Shea to approve the following resolution for Application #2018-018:
Whereas, Heather
Stafford applied on July 11, 2018, to the Bethany Planning and Zoning
Commission for a Change of Use Permit to operate Lotus Flower Acupuncture from
Unit GL-5 located at 696 Amity Road and a sign in front window;
Whereas, Brian
Botti, owner of Unit GL-5 located at 696 Amity Road, authorized Heather
Stafford to apply to the Commission for the Change of Use Permit and sign in an
email dated June 26, 2018;
Whereas, the
Commission, at its regular meeting of July 11, 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 Lotus Flower
Acupuncture in Unit GL-5 located at 696 Amity Road and a sign in front window;
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)
The Commission received correspondence from John
Laudano, representative from Quinnipiack Valley Health District dated July 2,
2018, in which he approves the application for a one-person acupuncture
operation.
2)
Rod White, Fire Marshal, signed off on the back of the
application form on June 26, 2018 indicating his approval.
3)
The Commission received correspondence from Ronald
Walters, Senior Environmental Analyst for South Central Connecticut Regional
Water Authority, dated June 27, 2018, 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 Lotus Flower Acupuncture from Unit
GL-5 located at 696 Amity Road (#2018-018), as presented in the application,
statement of use and testimony 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.
3)
The Zoning Enforcement Officer shall approve the sign
in front window in accordance with the Bethany Zoning Regulations.
Unanimous
approval.
3)
731 Amity
Road, Application #2018-019 submitted by Kathleen Barone for a New Use Permit –
Food preparation for offsite catering events –
The Commission formally received the application. Present to speak on behalf of the application
was Dave Silva and Kathleen Barone.
Mr. Silva stated there will be no sales on the property and
that he is looking just for a place to park the mobile food station for
refrigeration. Mr. Silva also explained
that the Quinnipiack Valley Health District denied the application.
The Commission recommended the applicant withdraw the
application and communicate with the Building Official and Quinnipiack Valley
Health District for approvals and then submit back to the Planning and Zoning
Commission. It was moved by Harrison and
seconded by Calhoun to waive the application fees when the application is resubmitted.
Unanimous
approval.
4)
Discussion
with John Hubbard regarding the parking of a 10-Wheeler Dump Truck located at
40 Johnson Road –
Present for this discussion was John Hubbard, who is part
owner of the property.
Isabel Kearns, ZEO, stated there have been no complaints
pertaining to the subject property but there are a number of vehicles and
equipment that should be removed.
The Commission recommended Mr. Hubbard inventory what’s on
the property and in the meantime try to clean up the property and then make an
application for the next regular meeting.
1)
Mesa Drive,
Application #2018-003 submitted by James W. Woodward, Jr., for a Three-lot Subdivision
– Public hearing closed. 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 next regular meeting. Tabled.
3)
6 Sargent Drive,
Application #2018-012 submitted by Lizzie Holloway for a Special Exception
Permit for LED Illuminated Sign for gas station -
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
##2018-012:
Whereas, the owner of the property, Mukesh Patel, in
an email dated June 4, 2018, authorized a representative from Station Glo of
New England to apply for the necessary permits associated with the location and
installation of a 41 5/8” x 63” Freestanding LED Sign located at 6 Sargent
Drive;
Whereas, the
Commission received an email dated July 10, 2018, in which Lizzie Holloway
authorizes John LeClerc of Station Glo to act on her
behalf;
Whereas, Lizzie
Holloway applied on June 6, 2018, to the Bethany Planning and Zoning Commission
for the installation of a 41 5/8” x 63” Freestanding LED lighted sign located at
6 Sargent Drive (#2018-012); and
Whereas, said
public hearing on this matter commenced on July 11, 2018, and concluded that
same evening after all testimony.
Whereas, the
Commission makes the following findings regarding this application:
- The Commission received
correspondence dated June 4, 2018, from Ronald Walters, Senior
Environmental Analyst of the South Central Connecticut Regional Water
Authority in which he states he has no comment.
- The Commission received
an email dated July 9, 2018, from Lynn Fox, Quinnipiack Valley Health
District representative, in which she states that QVHD does not need to
sign off for a sign permit.
Now Therefore Be It
Resolved, that pursuant to Section 7 of the Bethany Zoning Regulations,
effective December 1, 2017, the Bethany Planning and Zoning Commission approves
the 41 5/8” x 63” freestanding sign permit located at 6 Sargent Drive
referencing sheet entitled, “Option #2”, dated March 30, 2017, with a two-foot
base. Also, referencing Exhibit 1A,
which is a copy of the original site plan showing the placement of shrubs and
the location of the sign on the subject property.
Unanimous
approval.
4)
8 Dayton
Road, Application #2018-015 submitted by Dennis Croteau 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 Harrison and
seconded by Shea to approve the following resolution for Application #2018-015:
Whereas, Dennis
Croteau, owner of 6 Dayton Road, applied to the Commission on June 6, 2018, for
a Special Exception Permit for a 700-square foot accessory apartment to be
located within a new addition of the existing home located at property known as
8 Dayton Road;
Whereas, the Planning and Zoning Commission opened a
hearing on Application #2018-015 for a Special Exception for an accessory
apartment to be located in a new addition of the existing home located at 8
Dayton Road at their regular meeting of July 11, 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:
- The
Commission received correspondence dated June 6, 2018, from Leslie Balch
and Lynn Fox, Quinnipiack Valley Health District Representatives, in which
they say they have issued a permit approving the proposed accessory
apartment and first floor great room.
They also stated that they can recommend for approval the proposed
accessory apartment and first floor great room.
- The
Commission received a letter dated June 5, 2018, from Ronald Walters, Senior
Environmental Analyst for South Central Connecticut Regional Water
Authority, in which he states he has no comments.
- Roderick
White, Fire Marshal, signed off on the back of the application form on June 26, 2018, indicating his approval.
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 Dennis
Croteau for a Special Exception for a 700 square foot accessory apartment
within the new addition of the home (#2018-015) as shown on the untitled floor
plan submitted on May 31, 2018, and as per the statement of use dated May 31,
2018;
And with the following conditions:
1)
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.
2)
A building permit for the accessory apartment must be
submitted and approved by the building official prior to the continuance of
construction.
Unanimous
approval.
5)
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 stated she has been talking to CFC
at 667 Amity Road regarding putting the wind monitor on one of their poles and
is waiting for someone to get back to her.
Also, the Commission stated they have not gone through the
Sustainable CT “actions” wish list. Dr.
Ridge stated she will edit list to make it easier to read and send to the
ZEO. Tabled.
6)
Continue
discussion regarding Accessory Apartments and other Zoning Regulations
including Attainable Housing Regulation - Tabled.
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, submitted an email from Matt Micros, dated July 11,
2018, regarding a liquor license at 667 Amity Road, CFC. Commission members discussed briefly.
OTHER BUSINESS
It was the consensus of the
Commission to cancel the next regular meeting on August 1, 2018. The next regular meeting will now be
September 5, 2018.
ADJOURNMENT
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Planning and Zoning
Commission
