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
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.
Voting for: Brinton, Shea, Harrison, White, Zielinski, Buchta.
Lina V. Frazer, Clerk
For the Planning and Zoning Commission