MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, SEPTEMBER
5, 2018 Page 1 of 9
The following Commission Members
were present:
Kimberly McClure Brinton, Chair
Michael Calhoun, Vice-Chair
Donna Shea, Member/Secretary
Bob Harrison, Member
Eric McDonald, Alternate Member,
seated as a voting member
The
following Commission Members were absent:
Alex Hutchinson, Member
Brad
Buchta, Alternate Member
Carol
Lambiase, Alternate Member
Also present were:
Hiram
Peck, Planning Consultant
Isabel
Kearns, Zoning Enforcement Officer
Kevin
McSherry, Town Attorney
APPROVAL OF MINUTES
·
Page 7, last paragraph – Reads “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.” Change to “The Commission recommended Mr. Hubbard inventory what’s on
the property and in the meantime clean up the property and then make an
application for the next regular meeting.”
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 August 2018, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
Unanimous approval.
GENERAL CORRESPONDENCE
1)
Memo from Hiram Peck, Planning Consultant, dated August
18, 2018, Re: Revised application
submission policy DRAFT.
Isabel Kearns, ZEO, will give application
submission policy to applicants to get application material in on time as
stated in following policy:
APPLICATION
SUBMISSION POLICY
Regarding submission of application materials for matters to
be reviewed and considered by the Commission:
1. All application materials, including all maps, plans and
supporting documentation are to be submitted a minimum of 1 week before the PZC
meeting at which they will be discussed in order to be properly reviewed prior
to the PZC meeting.
2. All materials are to be submitted in the original
format (size and document) and in electronic format and are to be
emailed to PZC members at least 5 days prior to the PZC meeting at which the
application is to be discussed. All materials are also to be emailed at the
same time to any outside reviewers, such as Health District, Town Engineer,
Town Attorney and Town Planning Consultant as applicable for the application.
3. If all application material is not submitted at least 1
week in advance of the meeting, then the Commission may not take action until
the following PZC meeting.
4. The only exception to this policy is for requests for
informal pre-application discussions with the Commission under CGS Sec. 7-159b.
Such requests may be placed on the agenda on Monday of a Wednesday meeting.
5. All revised agendas shall be emailed to the Commission no
later than Monday prior to a Wednesday meeting.
Unanimous
approval.
2)
Letter from Isabel Kearns, ZEO, to Akbar Dar of 23
Tollgate Road, dated July 12, 2018, Re:
Notice of Violation, accessory apartment, 23 Tollgate Road.
3)
Letter from Isabel Kearns, ZEO, to Mike Patel of 6
Sargent Drive, dated July 27, 2018, Re:
Notice of Violation, Signs, 6 Sargent Drive.
4)
Letter from Isabel Kearns, ZEO, to Mike Patel of 6
Sargent Drive, dated August 22, 2018, Re:
Notice of Violation, Signs, 6 Sargent Drive.
5)
Letter from Isabel Kearns, ZEO, to Mike Patel of 6
Sargent Drive, dated August 30, 2018, Re:
Notice of Violation, removal of some signs.
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.
Present to speak on behalf of this application were William
and Frances DeMaio, applicants and owners of record. Mrs. DeMaio briefly reviewed the proposal.
Isabel Kearns, ZEO, stated that the Quinnipiack Valley
Health District has given their approval, Permit #2536 on July 31, 2018. The Commission kept the public hearing open
for this approval by Quinnipiack Valley Health District.
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 7:26 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)
285 Sperry
Road, Application #2018-020 submitted by Dennis and Susan Marsh for a Home
Occupation Permit to sell eggs and goat milk soaps and a Sign Permit –
The Commission formally received the application. No one was present to speak on behalf of this
application.
Commission members reviewed the application. It was noted by the ZEO that the applicants
are asking for a waiver of the fees. The
Commission discussed and did not agree on the waiver of fees.
Further discussion and appropriate action on the application
was deferred until the Commission’s next regular meeting adjourned to
Wednesday, October 3, 2018. Tabled.
2)
58 Old Amity
Road, Application #2018-021 submitted by Green Haven for a Special Exception
Permit to allow rock crushing and screening –
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 make a motion to schedule a
public hearing date of October 3, 2018, at 7:15 p.m. for Application #2018-021
submitted by Green Haven for a Special Exception Permit to allow rock crushing
and screening located at 58 Old Amity Road.
Voting for: Brinton, Calhoun,
Harrison, Shea, McDonald.
Unanimous
approval.
3)
51 Fairwood
Road, Application #2018-022 submitted by Deborah and Eric Demander for a Site
Plan approval to construct two new barns -
The Commission formally received the application. Present to speak on behalf of this
application were Deborah and Eric Demander, applicants.
The Demander’s noted in discussion:
·
Would like to construct a 48-foot by 80-foot
barn and rebuild the barn that was destroyed by the tornado in May 2018.
·
Would like to build before winter.
·
Did not get approval from Quinnipiack Valley
Health District at this time.
Unanimous
approval.
1)
Mesa Drive,
Application #2018-003 submitted by James W. Woodward, Jr., for a Three-lot
Subdivision –
Public hearing was closed on July 11, 2018. Isabel Kearns, ZEO, prepared a draft
resolution. Commission members discussed
and proceeded to deliberate.
Whereas, James W. Woodward, Jr. applied to the
Planning and Zoning Commission for a 3-Lot Subdivision of 46 Mesa Drive on April 4,
2018;
Whereas, the Planning and Zoning Commission opened a
public hearing on this application on May 2, 2018, and said hearing was
recessed two times to June 6, 2018 and July 11, 2018. The hearing was closed at the conclusion of
testimony on July 11, 2018;
The Planning and Zoning Commission conducted two field
inspections on May 23, 2018, and on June 6, 2018, so as to clearly understand
the drainage and fire suppression issues associated with this development;
Whereas, the Planning and Zoning Commission at its
regular meeting also held September
5, 2018, considered the maps, testimony, and other pertinent application
information relating to a request for a 3-Lot Subdivision of 46 Mesa Drive;
In addition the application, maps, and plans and drainage
calculations were sent to the Commissions consulting engineer for review of
drainage and site plan matters;
In addition coordination with the Bethany Fire Department
(Water Supply Officer) was conducted as well to insure the proposed fire suppression
tank is properly designed, and located so as to be effective in fighting fires
in this area;
Now Therefore, the Commission makes the following
findings of fact and decision regarding the application:
1)
The application materials were sent to the South
Central Regional Council of Governments Staff due to the proximity of the
application to the Beacon Falls Town line. The Commission received email
correspondence dated May 1, 2018, from Eugene Livshits, South Central Regional
Council of Governments staff planner in which he offered the following
comments: “SCRCOG will not have any
comments pertaining to the Subdivision Application. The application was
reviewed internally by SCRCOG staff and it was determined that a review by the
Regional Planning Commission is not required for the application.”
2)
The Commission received a copy of Inland Wetlands
Permit #1299 for a three-lot subdivision, known as Silsby Estates, approved on January 22, 2018.
3)
The Commission received a letter dated January 12, 2018,
from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District in which
they state that they detected soil conditions in the area designated for
individual subsurface sewage disposal systems which indicated that the minimum
requirements of the applicable sections of the State of Connecticut Public
Health Code were met and observed for all three proposed lots.
Now Therefore Be It Resolved, that pursuant to the
Subdivision Regulations of the Town of Bethany, effective February 27, 2015,
Application #2018-003, submitted by James W. Woodward, for a 3-Lot Subdivision
of 46 Mesa Drive, , is approved, as shown on the following plans prepared by
Nowakowski, O’Bymachow, Kane, Associates, Shelton, Connecticut:
A.
“Record
Subdivision Map prepared for Silsby Estates”, dated July 18, 2017, revised to February
20, 2018.
B.
“Overall Site Plan prepared for Silsby Estates”, dated
July 18, 2017, revised to February 20, 2018.
C.
“Septic Proposal for Lot 1 Silsby Estates, dated July
18, 2017, revised to February 20, 2018.
D.
“Soil and Erosion Control Plan prepared for Silsby
Estates, dated July 18, 2017, revised to December 8, 2017.
E.
“Soil Test Data Sheet prepared for Silsby Estates”,
dated July 18, 2017, revised to December 8, 2017;
And with the following modification:
- The water source for
fire protection on either subdivision, Clifford Estates and Silsby
Estates, owned by the same individual, James W. Woodward, shall be
installed to the standards of the Bethany Volunteer Fire Department Water
Resource Officer prior to any vertical construction on any lot from either
subdivision.
Vote 5 to 0.
Unanimous
approval.
2)
44 Tuttle
Court, Application #2018-008 submitted by William and Frances DeMaio for a
Special Exception Permit for an Accessory Apartment – Public hearing closed
September 5, 2018. Isabel Kearns, ZEO,
prepared a draft resolution. Commission
members discussed and proceeded to deliberate.
Whereas, William
and Fran DeMaio, owner of 44 Tuttle Court, applied to the Planning and Zoning Commission
on May 2, 2018, for a Special Exception Permit for a 697.6 square foot
accessory apartment to be located above the attached garage at property known
as 44 Tuttle Court;
Whereas, the Planning and Zoning Commission opened a public
hearing on Application #2018-008 for a Special Exception Permit for an
accessory apartment located at 44 Tuttle Court on June 6, 2018. The public hearing was continued to July 11,
and September 5, 2018;
Now Therefore, the Planning and Zoning Commission
makes the following findings of fact and decisions regarding the application:
- Ryan
Currier, Quinnipiack Valley Health District Representative, issued Permit
#2536 on July 31, 2018, for an additional bedroom on the second
floor. The house is now approved
for five bedrooms.
- Roderick
White, Fire Marshal, signed off on the back of the application form indicating
his approval on May 1, 2018.
- Cindy
Gaudino, Representative of the Connecticut Water Company, sent an email
dated April 26, 2018, in which she states she has no comment.
- The
application and Statement of Use dated April 2, 2018, demonstrate that the
proposed accessory apartment would contain only 697.6 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 William
and Fran DeMaio for a Special Exception Permit for a 697.6 square foot
accessory apartment (#2018-008) as shown on the floor plan that was received on
April 5, 2018, by William and Fran DeMaio and as per the statement of use dated
April 2, 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.
Unanimous approval
3)
Discussion
with Dr. Gale Ridge of the Bethany “Environment” Committee regarding Wind Study
at Airport and “Sustainable CT” – Tabled.
4)
Continue
discussion regarding Accessory Apartments and other Zoning Regulations
including Attainable Housing Regulation - Tabled.
Unanimous
approval.
Unanimous
approval.
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, submitted the following:
·
Building
Permits, dated August 1 through August 31, 2018.
·
Site
Inspections dated August 14 through August 30, 2018.
Also, the ZEO briefly reported on
the following properties:
·
40 Johnson Road – John Hubbard will contact ZEO
when ready.
·
720 Amity Road – Lighting.
·
6 Sargent Drive – Signs
ADJOURNMENT
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Planning and Zoning
Commission
