Monday, September 19, 2011

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, SEPTEMBER 7, 2011 Page 1 of 7

The regular meeting of the Planning and Zoning Commission was called to order at 7:02 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Commission members were present:
Melissa Spear, Chair
Mary Shurtleff, Vice-Chair
Patricia Winer, Member
Michael Calhoun, Member
Marc Adelberg, Alternate Member, seated as a voting member.
Donna Shea, Alternate Member
Nellie Rabinowitz, Alternate Member

The following Commission member was absent or excused:
Kimberly McClure Brinton, Member

Also present were:
Hiram Peck, Planning Consultant
Isabel Kearns, Zoning Enforcement Officer


APPROVAL OF MINUTES

1. It was moved by Winer and seconded by Shurtleff to approve, as submitted, the minutes of the August 3, 2011, Regular Meeting.
Voting for: Spear, Shurtleff, Winer, Adelberg.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Town Attorney Kevin McSherry to Bruce Loomis, Conservation Commission Chairman, submitted August 22, 2011, Re: Clarification of the open space portion of the recent approval of the resubdivision granted for 100 Miller Road.
2. Letter from Quinnipiack Valley Health District, dated September 6, 2011, Re: Review comments on application for medical office with exam room, 696 Amity Road, Unit B-1.
3. Email from Johanne Rousseau-Holt to Isabel Kearns, ZEO, dated September 6, 2011, Re: Withdrawing Application #2011-020 for Home Occupation Permit to operate a therapeutic massage business.
4. Email from John Laudano of Quinnipiack Valley Health District to Isabel Kearns, ZEO, dated September 7, 2011, Re: Review comments for 60 Mesa Drive.
5. Letter from Attorney Michael Alexander, representing Christopher Stoyer, dated September 6, 2011, Re: Request for a 90-day extension to file the mylar for an approved subdivision at 100 Miller Road.



6. Email from Eugene Livshits, Regional Planner, SCRCOG, dated August 31, 2011, Re: Hope Regional Housing Forum, September 16, 2011.
7. Email from Eugene Livshits, Regional Planner, SCRCOG, dated August 30, 2011, Re: Town of Prospect, proposed Zoning Regulation Amendment, one year moratorium on wind energy regulation applications.
8. Email from Eugene Livshits, Regional Planner, SCRCOG, dated August 30, 2011, Re: Town of Seymour, proposed Zoning Map Amendment.


PUBLICATIONS AND WORKSHOPS

1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Summer 2011.


BILLS

1) It was moved by Shurtleff and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for August 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Calhoun, Winer, Adelberg.
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO, reported on the following:
Kim McClure Brinton – Country Companions Veterinary started construction at 116 Old Amity Road and the erosion control measures are in place and functioning well.
100 Miller Road Resubdivision – Lot has been cleared and working to get erosion controls in place.
415 Fairwood Road – Operation of fencing business without permit – Building official does not want to inspect the property. Mr. Stuart Cuthbert of 403 Fairwood Road, who brought this to the attention of the PZC, has had a discussion with the First Selectman. Chairman Spear will follow-up with the First Selectman.









NEW BUSINESS

1) Discussion with Conservation Commission regarding letter dated July 25, 2011, requesting clarification of the Open Space portion of the recent approval of the resubdivision granted for 100 Miller Road –

Present for this discussion from the Conservation Commission were Bruce Loomis, Audrey Eisenstadt, and Brian Eitzer.

The Commission received a letter from Town Attorney Kevin McSherry to Bruce Loomis, Conservation Commission Chairman, submitted August 22, 2011, Re: Clarification of the open space portion of the recent approval of the resubdivision granted for 100 Miller Road.

Mr. Loomis stated the Conservation Commission feels the Conservation Commission decision on the open space for the 100 Miller Road Resubdivision was poorly represented in the approval and their major concern (did not meet the open space requirement) was not stated in the approval.

Hiram Peck, Planning Consultant, suggested that the Conservation Commission meet with the Town Attorney and Staff to discuss this matter further.


2) 696 Amity Road, Unit B-1, Application #2011-022 submitted by General Practitioners of Hamden PC for a Business Change of Use – Medical Office –

The Commission formally received the application. Present to speak on behalf of this application was Lynette White, PA-C and applicant.

The Commission received a letter from Quinnipiack Valley Health District, dated September 6, 2011, Re: Review comments on application for medical office with exam room, 696 Amity Road, Unit B-1, not recommending approval at this time.

Isabel Kearns, ZEO, stated the owner of the 696 Amity Road Unit in question will leave another unit they own vacant to meet the water requirements of the Quinnipiack Valley Health District. Ms. Kearns stated she received a verbal approval from the representative of the Quinnipiack Valley Health District after this decision to leave a unit vacant was announced.

Lynette White reviewed the proposed project noting:
· Signage will be placed as allowed by the Amity 63 building association.
· There will be only one employee at this time.
· Medical waste will go in separate containers and a special company that handles medical waste will dispose of it.
· There will be only one examining room.

Robert White, registered architect who is assisting Lynette, reviewed the floor plan of the unit.
Isabel Kearns, ZEO, submitted a draft resolution. Commission members discussed and proceeded to deliberate:

It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2011-022:

Whereas, Taro, LLC, owner of Unit B-1 located at 696 Amity Road authorized Lynnette White to apply for the necessary land-use permits to locate General Practitioners of Hamden in Unit B-1;

Whereas, General Practitioners of Hamden authorized Lynnette White to apply for the necessary land-use permits in a document dated August 24, 2011;

Whereas, General Practitioners of Hamden applied on August 26, 2011, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate a general practitioners office in Unit B-1 of 696 Amity Road;

Whereas, the Commission at its regular meeting of September 7, 2011, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate General Practitioners of Hamden in Unit B-1 at 696 Amity Road;

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 a letter dated September 6, 2011, from Lynn Fox, Quinnipiack Valley Health District representative, stating they cannot recommend approval at this time. However, Isabel Kearns, ZEO, informed the Commission that Lynn Fox left a phone message late this afternoon informing her that it is now approved after vacant unit was discussed.
2) Roderick White, Fire Marshal, signed off on the back of the application form indicating his approval on September 7, 2011.
3) The Commission received a copy of an email dated September 4, 2011, from Ron Walters of South Central Connecticut Regional Water Authority to Isabel Kearns, ZEO, in which he stated he will be away until September 13, 2011, and that he had no comments on this application.

Now Therefore Be It Resolved that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate Hamden General Practitioners, PC in Unit B-1 at 696 Amity Road (Application #2011-022), as presented in the application, statement of use and testimony with the following conditions:

1) A building permit for an Interior-Fit-Out must be approved by the Building Official and the Fire Marshal prior to any renovations to or occupancy of the building.
2) A letter of approval must be received from Quinnipiack Valley Health District.
3) Taro, LLC, owner of record, must submit a letter identifying which unit will remain vacant for the record.
4) South Central Connecticut Regional Water Authority must submit a letter with a favorable recommendation, as outlined in the email dated September 4, 2011.
Voting were: Spear, Shurtleff, Winer, Calhoun, Adelberg.
Vote 5 to 0
Unanimous approval.


3) Discussion with William Grieger regarding 437 Amity Road – Landscaping and Detention Basin –

Present for this discussion was Mr. Bill Grieger, owner of record. Mr. Grieger stated he is trying to get the Certificate of Occupancy for 437 and 443 Amity Road and that a bond for landscaping is in place.

Isabel Kearns, ZEO, stated that the landscaping plan that was modified and approved on May 24, 2011, has not been completed and that Mr. Grieger would like to modify the landscaping plan.

Mr. Grieger presented photographs showing the natural vegetation at the subject location and the areas he would like to modify the landscaping.

The Commission advised Mr. Grieger to submit an application to modify the landscaping plan for the second time.

Hiram Peck, Planning Consultant, will investigate why the Certificate of Occupancy has not been approved at this time and inform Mr. Grieger as soon as possible.


OLD BUSINESS

1. 655 Litchfield Turnpike, Application #2011-020 submitted by Johanne Rousseau-Holt for a Home Occupation Permit to operate a therapeutic massage business –


The Commission received an email from Johanne Rousseau-Holt to Isabel Kearns, ZEO, dated September 6, 2011, Re: Withdrawing Application #2011-020 for Home Occupation Permit to operate a therapeutic massage business.





2. 60 Mesa Drive, Application #2011-021 submitted by Shimei Fan and Richard Korb for a Home Occupation Permit to operate a sound Recording Facility –

Present to speak on behalf of this application was Daniel and Sophia of Global Art Entertainment, applicants.

The Commission received an email from John Laudano of Quinnipiack Valley Health District to Isabel Kearns, ZEO, dated September 7, 2011, Re: Review comments for 60 Mesa Drive.

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.

It was moved by Shurtleff and seconded by Calhoun to approve the following resolution for Application #2011-021:

Whereas, Shimei Fan and Richard Korb owners of 60 Mesa Drive, applied to the Planning and Zoning Commission on July 29, 2011, for a home occupation permit to operate a sound recording studio out of their home;

Whereas, the Commission at its regular meeting of September 7, 2011, 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, submitted a letter dated August 3, 2011, which was superseded by an email dated September 7, 2011 from John Laudano, Quinnipiack Valley Health District representative, in which he subsequently approves the application.
2. Rod White, Fire Marshal, signed off on the back of the application form on August 2, 2011, indicating his approval.

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4(b) of the Town of Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves the application of Shimei Fan & Richard Korb to operate a sound recording studio, as outlined in the Statement of Use.
Abstaining was: Adelberg.
Voting were: Spear, Shurtleff, Winer, Calhoun.
Vote 4 to 0
Unanimous approval.





3. Discussion with Christopher Stoyer regarding response to conditions of the 100 Miller Road Resubdivision Approval dated June 29, 2011 –

Present for this discussion was Attorney Michael Alexander, representing Christopher Stoyer.

The Commission received a letter from Attorney Michael Alexander, representing Christopher Stoyer, dated September 6, 2011, Re: Request for a 90 day extension to file the mylar for an approved subdivision at 100 Miller Road.

It was moved by Calhoun and seconded by Shurtleff to approve the 90-day extension of time for filing of the two-lot resubdivision plan for the property located at 100 Miller Road, Christopher Stoyer, applicant, approved on June 29, 2011. This extension period expires January 18, 2012.


4. Discussion with Hiram Peck, Town Planner, amendment to Zoning Regulations regarding Signs –

The Commission is proposing the following Zoning Regulation amendment:
· Section 6 – Prohibited Uses
Add Section 6.28 – Signs with any type of internal lighting or internal illumination.

The Commission scheduled a public hearing date of Wednesday, October 5, 2011, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.


5. Discuss increasing application fees – Tabled.



It was moved by Shurtleff and seconded by Winer to adjourn the regular meeting at 8:45 p.m. Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
For the Planning and Zoning Commission