MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, OCTOBER 2,
2019 Page 1 of 6
The following Commission Members
were present:
Kimberly McClure Brinton, Chairman
Bob Harrison, Vice-Chairman
Donna Shea, Member/Secretary
Alex
Hutchinson, Member
Rob White, Member
Brad Buchta, Alternate Member
Andy Zielinski, Alternate Member
The
following Commission Member was excused:
Judy
Silva, Alternate Member
Also present were:
Hiram
Peck, Planning Consultant
Isabel
Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
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 September 2019, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
Unanimous approval.
Unanimous approval.
GENERAL CORRESPONDENCE
1)
Letter from Hop Brook Storage, LLC, Bill and Wendy
Grieger, dated September 30, 2019, Re:
Outside storage of port-o-lets, 43 and 51 Russell Road.
2)
Copy of letter to South Central Regional Council of
Governments, from Carmody Law, dated August 12, 2019, Re: Bladens Ridge Affordable Housing Development,
applications for Zoning Map Change, Zoning Regulation Change and Site Plan
Approval, Seymour, Connecticut.
3)
Letter from Isabel Kearns, ZEO, to Liu Lanshen, owner
of 119 Fairwood Road, dated September 6, 2019, Re: Discarded debris removed, 119 Fairwood Road.
4)
Letter from Isabel Kearns, ZEO, to J. Turner and C.
Pittenger owner of 98 Farmview Road, dated September 9, 2019, Re: 98 Farmview Road, crowing rooster, offensive
noise for neighbors.
5)
Letter from Isabel Kearns, ZEO, to Mr. and Mrs. Dennis
Marsh, owners of 285 Sperry Road, dated September 11, 2019, Re: Notice of Violation, Home Occupation business
and sign permit needed for the sale of eggs.
6)
Letter from Isabel Kearns, ZEO, to Mike Patel, owner of
6 Sargent Drive, dated September 13, 2019, Re:
6 Sargent Drive, window signage resolved.
PUBLIC
HEARING CONTINUATION
·
43 and
51 Russell Road, Application #2019-010 submitted by Bill and Wendy Grieger for
a Special Exception Permit for outside storage of port-o-lets and heavy
equipment for snow plowing.
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.
Also, Chair Brinton mentioned the Commission held a Special
Meeting/Site Visit/Hearing Continuation on September 18, 2019, and members walked
the subject property.
Present to speak on behalf of the application were Bill and
Wendy Grieger, owners of record and applicants.
Hiram Peck, Planning Consultant, asked the applicant if he
submitted the letter the Commission suggested at the previous public hearing on
September 4, 2019, from the business that is storing the port-o-lets on
specifics of how the operation is run and who is running it. Mr. Grieger did not submit letter requested
by the Commission.
During the course of the public hearing Chair Brinton noted
that the Commission has received the following items relative to the subject
application. Exhibit identification was assigned
as noted:
A.
Exhibit 2A
– Letter from Hop Brook Storage, LLC, Bill and Wendy Grieger, dated September
30, 2019, Re: Outside storage of
port-o-lets, 43 and 51 Russell Road.
B.
Exhibit 2B
– Submitted by Attorney Peter Berdon, copy of Bethany Zoning Regulations,
highlighting Section 5.2.
C.
Exhibit 2C
– Submitted by Attorney Peter Berdon, copy of Assessor’s map showing the
subject property.
Chair Brinton asked if there were any members of the public
who would like to speak in favor of the application. No one from the public spoke.
Present to speak representing the Marinko’s of 55 Russell
Road was Attorney Peter Berdon of 350 Orange Street, New Haven,
Connecticut. Attorney Berdon noted the
following:
o
The Planning and Zoning Commission should have
an application for a use permit from the renter.
o
The plan in the file does not meet the
requirement of a site plan approval.
o
A narrative description of the use should be in
the file.
o
For those procedural reasons, the Planning and
Zoning Commission has no choice but to deny this application, without
prejudice.
o
At the September 4, 2019, public hearing, Mrs.
Marinko was not opposing the application.
o
There was a change in outside storage without a
permit.
o
Port-o-lets stored up to wetlands.
Mr. Grieger stated that John Laudano of Quinnipiack Valley
Health District, had no concerns and submitted an email dated May 22,
2019. Also, Mr. Grieger noted the Inland
Wetlands Commission issued an Inland Wetlands Permit approved on June 17, 2019.
Commission members discussed and determined that they would
like to speak to their Town Legal Counsel.
At 8:05 p.m., it was moved by
Harrison and seconded by Hutchinson to recess the public hearing and continue
the public hearing on the subject application to the next regular meeting
scheduled for Wednesday, November 6, 2019, at 7:15 p.m. in the Commission
Meeting Room of the Bethany Town Hall, 40 Peck Road.
Unanimous
approval.
NEW BUSINESS
1.
Discussion
with Lois Noble of 400 Downs Road regarding two businesses/home occupations
– No one was present for this discussion.
Tabled.
2.
Discussion
with Matt Micros regarding release of landscaping bond, 667 Amity Road
–
Present for this discussion was Brian Matzke, CFC Partner. Mr. Matzke stated Mr. Micros had a family
emergency and could not attend this meeting.
Mr. Matzke stated back in June 2019, Ray Pantelone, Tree
Warden and himself walked the property twice inspecting the landscaping. Mr. Matzke also stated that the asbuilt was
submitted a week ago and CFC feels they fulfilled the requirement for the
bond. Mr. Matzke then stated they are
looking for a partial release of the bond.
The Commission mentioned one of the conditions of approval
for the bond was a one year growing season after planting to make sure
plantings survive.
Hiram Peck, Planning Consultant, recommended comparing the
asbuilt with the orginal approval. Mr.
Peck will visit the property, compare the plans and report back to the Chairman
and ZEO.
3.
Discussion
and possible action regarding vacant position on the South Central Regional
Planning Commission – Bethany Representative –
Voting for: Brinton, Shea, Harrison, Hutchinson, White.
Unanimous
approval.
4.
Discussion
with Sun Power Solar regarding 194 Pole Hill Road – Wayne Bruno –
The ZEO asked to have this item removed and stated that they
are not ready to proceed.
1)
43 and 51
Russell Road, Application #2019-010 submitted by Bill and Wendy Grieger for a
Special Exception Permit for Outside Storage of Port-o-lets –
The public hearing on this application has been continued to
the next regular meeting on November 6, 2019.
2)
Continue
discussion regarding draft Zoning Regulations – Schedule a Special Meeting
-
Hiram Peck, Planning Consultant, emailed the Final Draft
dated September 30, 2019, which was distributed to all members.
In discussion, Mr. Peck noted:
o
He will prepare a general synopsis of what
sections changed.
o
Post draft zoning regulations on Town website
and synopsis.
o
Post hearing notice in Bethany Bulletin.
o
Put copy of draft regulations in the Library.
o
He asked Commission members to look at draft
copy they received and compare with comments that they sent to Hiram.
Voting for: Brinton, Shea, Harrison, Hutchinson, White.
Unanimous
approval.
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, submitted the following reports:
·
Building
Permits, dated September 5, 2019 to September 27, 2019.
·
Site
Visits, dated September 6, 2019 to September 26, 2019
OTHER BUSINESS
Barbara Schellenberg, Land Use
Attorney, will conduct a workshop with the Commissions and Boards. The clerk will contact Attorney Schellenberg
to check dates in November 2019 for availability and then contact Commissions
and Boards.
ADJOURNMENT
Voting for: Brinton, Shea, Harrison, Hutchinson, White.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Planning and Zoning
Commission
