MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION SPECIAL MEETING OF WEDNESDAY, MARCH 11,
2020. Page 1 of 4
The following
Commission Members were present:
Bob
Harrison, Vice-Chairman – Acting as Chairman
Donna
Shea, Member/Secretary
Rob
White, Member
Andy
Zielinski, Alternate Member – seated as voting member
Brad
Buchta, Alternate Member – seated as voting member
The
following Commission Member conferenced in:
Kimberly
McClure Brinton, Chairman
The
following Commission Members were excused:
Alex Hutchinson,
Member
Brett Pallotto,
Alternate Member
Also present were:
Hiram Peck, Planning Consultant
Isabel Kearns, Zoning Enforcement
Officer
CORRESPONDENCE
1. Letter
from Rod White, Town of Bethany Fire Marshal to the Planning and Zoning
Commission, dated March 11, 2020. Re: 9 Russell Road, Compliance with Fire and
Life Safety Comments.
AGENDA – OLD BUSINESS
Discussion and possible action on
the following:
1. 9 Russell Road – B&I Application #2020-01 submitted by David Logue for a Commercial
Site Plan Approval for Car Sales and Commercial Garage.
2. 9 Russell Road – B&I Application #2020-02 submitted by David Logue for a Commercial
New Use Permit for Car Sales and Commercial Garage.
3. 9 Russell Road – B&I Application #2020-03 submitted by David Logue for a Commercial
Special Exception Permit for Car Sales and Commercial Garage.
4. 9 Russell Road – B&I Application #2020-04 submitted by David Logue for a
Special
Exception Permit Earth Excavation.
5. 9 Russell Road – B&I Application #2020-05 submitted by David Logue for a
Special Exception
Permit Outside Storage.
Re: Application #2020-01,
#2020-02, #2020-03, #2020-04 and #2020-05 for property at 9 Russell Road,
Bethany, CT
The applicant, David Logue in connection
with Green Light Auto Sales has submitted the following applications for
property located at 9 Russell Road:
·
Application #2020-01 Site Plan Approval for Used
Car Dealership and commercial garage,
and
·
Application #2020-02 for a New Use permit for a
used car dealership and commercial Garage, and
·
Application #2020-03 for a Special Exception
permit for commercial garage, and
·
Application #2020-04 for a Special Exception
permit for Earth Excavation, and
·
Application #2020-05 for a Special Exception
permit for outside storage.
The applications were all
properly legally noticed as described by the Chairman and as noted in the
record of the meeting.
The Commission held a public
hearing on these applications at its regular meeting of March 4, 2020. At this
time the Commission heard a presentation from the applicant’s agents and took
all testimony from the public as required by law and considered the maps,
narrative, testimony from the public and questions from staff and other
pertinent information relating to the referenced applications.
As part of the public hearing the
Commission notes the following:
A. The property is located within
the Business and Industrial Zone and is not located in a public drinking water
supply watershed area.
B. The Commission received a letter dated January
30, 2020 from John Laudano, QVHD representative, stating that the plan
demonstrates that a code-compliant septic system and well could be installed on
the property.
C. The Planning & Zoning
Commission is in receipt of a letter dated February 18, 2020 from the State of
Connecticut Department of Transportation which states that a Connecticut DOT
Encroachment permit will be required and a bond for work at this site will be
required by the DOT.
D. The Commission received an
email from Kristine Sullivan, IWC Chair, which states that the Inland Wetlands
Commission will not require a permit for this application, subject to the
erosion controls on 9 Russell Road being in place and maintained during the
course of site development of 9 Russell Road.
E. The Commission received an email report dated February 18, 2020 from Dave
Nafis, Town Engineer, which posed several questions to the applicant’s
engineer, and a follow up email dated February 26, 2020 which states his
agreement with the revisions which have been made to the plan. The applicant
has agreed to comply with all comments made by the Town Engineer.
F. The Commission received a memo dated February 27, 2020 from Ray
Pantalone, Tree Warden, in which he states that he would like to see new trees
planted along Russell Road. He would
like to have some input as the types of trees to be planted. He suggests some smaller ornamental trees like
Dogwoods, so they won’t grow into the wires that are along that side of Russell
Road.
G. The applicant is to submit building plans to the Fire Marshal for
review. Items to be addressed include, but are not limited to:
·
The
possible need for sprinklers in the building,
·
Compliance
with all aspects of the Fire Code,
·
Revisions
to the plan to allow the ability of emergency service vehicles to access the
building in case of emergency.
The applicant’s engineer also responded to several questions from staff
and the public regarding lighting, stormwater runoff, site access, earth
excavation details and landscaping of the site upon completion.
The public hearing was closed on
March 4, 2020.
After discussion the Commission deferred action on the application in
order to receive the Fire Marshal’s review comments.
The Commission held a Special Meeting on March 11, 2020 to discuss and
take action on the subject applications.
The following motion to approve the above applications with conditions
and modifications was made by Commissioner Harrison.
Motion to approve applications
#2020-01, #2020-02, #2020-03, #2020-04 and #2020-05 with the following
conditions and modifications:
1. A building permit must be received prior to any construction.
2. The 100’ x 50’ building with a 50’ x 30’ bump out totaling 6,500
square feet must be constructed and certificates of compliance and occupancy
must first be obtained prior to any use of the property.
3. No floor drains are permitted
in the building. This has been agreed to by the applicant.
4. Per Town Engineer, Dave Nafis’
email dated February 26, 2020, the applicant shall create a rip rap channel to
convey the stormwater from the detention basin outlet to the bottom of the
slope. Any necessary permits or easements to complete this task are the
responsibility of the applicant. The applicant shall comply with all remaining
comments of the Town Engineer in the noted review comments.
5. The owner shall install any
and all necessary E&S controls to the satisfaction of the applicant’s site
engineer, the Town Engineer and the ZEO prior to the start of any earth moving
site work. Bonding amount for these
controls shall be determined by the applicant’s site engineer and must be
submitted to the Town Engineer in writing, approved by Town Engineer and must
be in a form approved by Town Counsel.
6. The owner shall provide the
Commission (ZEO) with a complete set of plans for the building as may be
required by the Fire Marshal and the Building Official. These plans shall show
the floor plan as well as the exterior materials for the proposed building.
7. Regarding the Tree Warden’s
memo of February 27, 2020, some smaller ornamental trees such as Dogwoods
should be planted along the north side of Russell Road. There are wires along that side of Russell
road, and larger trees planted would impact the wires in the future as they
grow to maturity.
8. Site lighting on poles shall
be installed at the minimum working height feasible. The applicant has agreed
and the Commission through the ZEO will ensure that the sit pole lights are to
be turned off not later than 9 p.m.
9. The pole and building lights
may be required to have additional shielding placed on them if it is determined
by the ZEO that the site lighting is overly intrusive to residential neighbors
or a hazardous to the drivers of motor vehicles on roadways in the area.
10. The applicant/owner shall not
unload vehicles or permit vehicles to be unloaded at any time on Russell Road.
Car carriers shall enter the site and unload on the site without blocking
Russell Road.
10. All application approvals are based upon site plans SP1,
SP2, SP3, SP4, SP5, SPD1 and SPD2 dated January, 29, 2020 with revisions made
on January 31, 2020, February 20, 2020 and site plans SP1 and SP2 last revised
February 24, 2020 by G. Capitanio of Borghesi & Engineering Co, 2155 East
Main Street, Torrington, CT 06790.
11. The applicant shall comply
with the Fire Marshal’s review and comments as noted.
Regarding Earth Excavation:
12. The applicant shall install
all necessary site erosion and sedimentation controls to the satisfaction of
the applicant’s site engineer and the ZEO prior to the start of any site
excavation work. Bonding for these
controls shall, as stated above, be determined by the applicant’s site engineer
and must be approved by Town Engineer.
13. There shall be no operation,
maintenance or running of machinery or vehicles associated with the operation
conducted between 5 P.M. and 8 A.M., nor during such additional hours as the
Commission may decide nor on Saturdays, Sundays, New Year’s Day, Good Friday,
Memorial Day, July 4th, Labor Day, Thanksgiving Day and the
following day and Christmas Day, except with approval of the Commission. Maintenance of machinery and vehicles is
permitted on Saturdays between 9 A.M. and 12 P.M., provided that such a day is
not a holiday as described above as a prohibited work day.
14. Any required blasting shall
be coordinated with abutting neighbors to the extent feasible to prevent damage
to such structures. Methods of rock removal shall be selected to the extent
feasible so as not to damage abutting property owner structures.
The motion was moved by White and seconded by Buchta to approve the applications
as drafted.
The applications were approved as noted above by a vote of 0 to 6.
Voting for: Brinton, Shea,
Harrison, White, Zielinski, Buchta.
Unanimous approval.
ADJOURNMENT
Voting for: Brinton, Shea,
Harrison, White, Zielinski, Buchta.
Unanimous approval.
Respectfully
submitted,
Lina V. Frazer,
Clerk
For the
Planning and Zoning Commission
