MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, MAY 2, 2012 Page 1 of 9
The regular meeting of the Planning and Zoning Commission was called to order at 7:32 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
Michael Calhoun, Member
Kimberly McClure Brinton, Member
Patricia Winer, Member
Donna Shea, Alternate Member, seated as a voting member as needed.
Marc Adelberg, Alternate Member
Nellie Rabinowitz, Alternate Member
Also present was:
Isabel Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Brinton and seconded by Calhoun to approve as submitted the minutes of the April 4, 2012, Regular Meeting,
Voting for: Spear, Shurtleff, Calhoun, Brinton.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Rod White, Fire Marshal, dated April 24, 2012, Re: Comments on review of Application 2012-008/009/010/011, for 87 Old Amity Road.
2. Letter from Quinnipiack Valley Health District, dated April 25, 2012, Re: Comments on review of Application 2012-008/009/010/011, for 87 Old Amity Road.
3. Letter from Inland Wetlands Commission, dated May 1, 2012, Re: No IWC action required for 87 Old Amity Road proposed activity.
4. Letter from Regional Water Authority to Isabel Kearns, dated April 9, 2012, Re: Comment on review of 53 Falls Road, home office use.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2012.
BILLS
1) It was moved by Shurtleff and seconded by Calhoun to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for April 2012, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
2) It was moved by Shurtleff and seconded by Winer to approve the payment of a bill for $95.00, dated May 2, 2012, from Anne Sohon for recording services for the public hearing (87 Old Amity Road).
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
No report.
NEW BUSINESS
1) 324 Wooding Hill Road, Application #2012-012 submitted by Megan Robertson for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit –
The Commission formally received the application.
Isabel Kearns, ZEO, recommended scheduling a public hearing for the next regular scheduled meeting on June 6, 2012. The Commission scheduled a public hearing date of Wednesday, June 6, 2012, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
PUBLIC HEARING
87 Old Amity Road, Application #2012-008 submitted by Robert Weidig, James Rosson
and Mark A. Esposito, Jr., for a Special Exception Permit to operate a Business Center and for Outside Storage –
87 Old Amity Road, Application #2012-009 submitted by Robert Weidig for an Additional Use for Landscaping and Snowplowing Business –
87 Old Amity Road, Application #2012-010 submitted by James Rosson for an Additional Use for a Landscaping Business –
87 Old Amity Road, Application #2012-011 submitted by Mark A. Esposito, Jr. for an Additional Use to store Landscaping Equipment –
At 7:30 p.m., Chair Spear called to order the public hearing on Application #2012-008, #2012-009, #2012-010 and #2012-011. The call for the public hearing was read. Chair Spear reviewed the complete contents of the application files.
Chair Spear noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
A. Exhibit 1A – Letter from Rod White, Fire Marshal, dated April 24, 2012, Re: Comments on review of Application 2012-008/009/010/011, for 87 Old Amity Road.
B. Exhibit 1B - Letter from Quinnipiack Valley Health District, dated April 25, 2012, Re: Comments on review of Application 2012-008/009/010/011, for 87 Old Amity Road.
C. Exhibit 1C - Letter from Inland Wetlands Commission, dated May 1, 2012, Re: No IWC action required for 87 Old Amity Road proposed activity.
D. Exhibit 1D – Map entitled, “87 Old Amity Road, Weidig, Esposito & Rosson, Outside Storage and Business Center”, dated April 2012, prepared by the applicants.
Present to speak on behalf of the applications were the following applicants:
• Robert Weidig
• James Rosson
• Mark Esposito
Isabel Kearns, ZEO, stated she visited the property and noticed there were more businesses operating from the property and more outside storage. Ms. Kearns also stated the building is pre-existing and there will be no additions or changes to the building.
Mr. Weidig reviewed his proposed project noting:
• That his landscaping and snow plowing businesses will be basically for storage of equipment to pickup for jobs and drop back off.
• There will be no signage and no new lighting.
Mr. Rosson reviewed his proposed project noting:
• That his business is basically the same as Mr. Weidig for the storage of equipment.
• He meets at the subject property in the morning and returns in afternoon.
Mr. Esposito did not speak about his business.
In discussion, Commission members noted:
• In case of snow or emergency tree service, the applicants will operate their business 24 hours.
Chair Spear then asked if there were any comments from the public. There were no comments.
There being no further discussion, at 7:47 p.m. Chair Spear closed the public hearing on the subject applications.
OLD BUSINESS
1. 53 Falls Road, Application #2012-007 submitted by Julia Harrison for a Home
Occupation Permit for a home office to operate a dog training business –
Isabel Kearns prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Winer and seconded by Calhoun to approve the following resolution for Application #2012-007:
Whereas, Julia Harrison, applicant, applied to the Planning and Zoning Commission for a home occupation permit to operate a home office for a remote dog training business at 53 Falls Road;
Whereas, Robert and Kathleen Harrison, owners of the property, authorized Julia Harrison to apply for the home office permit in a letter dated March 29, 2012;
Whereas, the Commission at its regular meeting of May 2, 2012, 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) Lynne Fox, Quinnipiack Valley Health District representative, signed off on the back of the application form on March 29, 2012, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on April 2, 2012,
indicating his approval.
3) Ronald Walters, representative of the South Central Connecticut Regional Water Authority submitted a letter dated April 9, 2012, in which he indicates that he has no comment.
Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the application of Julia Harrison to operate an office for a remote dog training business at 53 Falls Road, as outlined in the Statement of Use dated March 29, 2012.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
2. 87 Old Amity Road, Application #2012-008 submitted by Robert Weidig, James Rosson
and Mark A. Esposito, Jr., for a Special Exception Permit to operate a Business
Center and for Outside Storage –
Isabel Kearns 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 #2012-008:
Whereas, in a letter dated March 30, 2012, the owner of the property, Clair Jennings, authorized Robert Weidig to apply for a Special Exception Permit to operate a Business Center with Outside Storage of wood chips, uncut wood, bucket trucks and trailer parking located at 87 Old Amity Road;
Whereas, Robert Weidig, James Rosson and Mark Esposito, Jr. applied on April 4, 2012, to the Bethany Planning and Zoning Commission for a Special Exception to operate a Business Center with Outside Storage of wood chips, uncut wood, bucket trucks and trailer parking located at 87 Old Amity Road (#2012-008) as indicated on the site plan;
Whereas, the Zoning Regulations define a “Business Center” as “a planned development consisting of three or more business, commercial or industrial establishments on the same lot”;
Whereas, Lawrence Perry is currently operating from a portion of the building, as he received Planning and Zoning Approval for a new business use to operate a bus company from the property on December 3, 2003;
Whereas, the addition of the three new use/additional use applications filed in conjunction with this Special Exception Application for a Business Center and Outside Storage (#2012-009, #2012-010 and #2012-011) require approval of a Business Center Permit;
Whereas, the public hearing for the Special Exception – Business Center with Outside Storage of wood chips, uncut wood, bucket trucks and trailer parking (#2012-008) was held in conjunction with the public hearings for the following New/Additional Business Use Applications -- #2012-009 from Robert Weidig, #2012-010 from James Rosson and #2012-011 from Mark Esposito, Jr.;
Whereas, said public hearings commenced on May 2, 2012, and concluded on that same evening;
Whereas, at the regular meeting of May 2, 2012, the Commission considered the plans, testimony and other pertinent application information relating to this Special Exception for a Business Center and Outside Storage located at 87 Old Amity Road;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The Commission received correspondence dated April 24, 2012, from Roderick White, Fire Marshal, in which he indicates that each of the three uses must provide plans specific to the intended uses when they apply for the tenant fit-out permit.
2) The Commission received correspondence dated April 25, 2012, from the Quinnipiack Valley Health District in which they state that they can recommend approval for a Business Center Permit with Outside Storage, five employees, no vehicle or equipment storage in area of well and no vehicle repair service.
3) The Commission received correspondence dated May 1, 2012, from the Inland Wetlands Commission in which they state that no Inland Wetlands Permit is required at this time for the proposed activity based on the fact that there will be no new clearing and no car repairs on site.
Now Therefore Be It Resolved, that pursuant to Sections 5.2.B.4. and Section 5.3.H. of the Bethany Zoning Regulations, amended December 7, 2011, the Bethany Planning and Zoning Commission approves the Special Exception for a Business Center and Outside Storage of wood chips, uncut wood, bucket trucks and trailer parking located at 87 Old Amity Road, as show on the submitted plan entitled, “87 Old Amity Road, Weidig, Esposito & Rosson, Outside Storage and Business Center” dated April 2012, prepared by the applicants and with the following conditions:
1) A tenant fit-out permit must be issued from the building department.
2) Provide the fire marshal with plans specific to the intended uses.
3) The parking of cars for sale is not approved at this time.
4) There will be no signage for the proposed usages.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton,
Unanimous approval.
3. 87 Old Amity Road, Application #2012-009 submitted by Robert Weidig for an Additional Use for Landscaping and Snowplowing Business –
Isabel Kearns prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Calhoun and seconded by Brinton to approve the following resolution for Application #2012-009:
Whereas, in a letter dated March 30, 2012, Claire Jennings, owner of 87 Old Amity Road, authorized Robert Weidig to apply for the additional business use of a landscaping and snowplowing business located at 87 Old Amity Road;
Whereas, Robert Weidig applied to the Bethany Planning and Zoning Commission on April 3, 2012, for an additional business use permit to operate a landscaping and snowplowing business located at 87 Old Amity Road;
Whereas, the Commission, at its regular meeting of May 2, 2012, considered the application information, statement of use, testimony and other pertinent information relating to a request for the additional business use of a landscaping and snowplowing business located at 87 Old 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) Lynn Fox, Quinnipiack Valley Health District representative, signed off on the back of the application form on April 25, 2012, indicating her approval.
2) Roderick White, Fire Marshal, submitted a letter dated April 24, 2012, in which he would like to review plans specific to the intended use at such time when the tenant fit-out permit is being reviewed.
3) The Commission received correspondence dated May 1, 2012, from the Inland Wetlands Commission in which they state that no Inland Wetlands Permit is required at this time for the proposed activity based on the fact that there will be no new clearing and no car repairs on site.
Now Therefore Be It Resolved that pursuant to Section 5.5.A. of the Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the Additional Business Use Permit to operate a landscaping and snowplowing business located at 87 Old Amity Road with the following condition:
1) A building permit for an Interior-Fit-Out must be approved by the Building Official and the Fire Marshal.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
4. 87 Old Amity Road, Application #2012-010 submitted by James Rosson for an Additional Use for a Landscaping Business –
Isabel Kearns prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Winer and seconded by Calhoun to approve the following resolution for Application #2012-010:
Whereas, in a letter dated March 30, 2012, Claire Jennings, owner of 87 Old Amity Road, authorized James Rosson to apply for the additional business use for a landscaping and snowplowing business located at 87 Old Amity Road;
Whereas, James Rosson applied to the Bethany Planning and Zoning Commission on April 3, 2012, for an additional business use permit to operate a landscaping and snowplowing business located at 87 Old Amity Road;
Whereas, the Commission, at its regular meeting of May 2, 2012, considered the application information, statement of use, testimony and other pertinent information relating to a request for the additional business use of a landscaping and snowplowing business located at 87 Old 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) Lynn Fox, Quinnipiack Valley Health District representative, signed off on the back of the application form on April 25, 2012, indicating her approval.
2) Roderick White, Fire Marshal, submitted a letter dated April 24, 2012, in which he would like to review plans specific to the intended use at such time as the tenant fit-out permit is being reviewed.
3) The Commission received correspondence dated May 1, 2012, from the Inland Wetlands Commission in which they state that no Inland Wetlands Permit is required at this time for the proposed activity based on the fact that there will be no new clearing and no car repairs on site.
Now Therefore Be It Resolved that pursuant to Section 5.5.A. of the Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the Additional Business Use Permit to operate a landscaping and snowplowing business located at 87 Old Amity Road with the following condition:
1) A building permit for an Interior-Fit-Out must be approved by the Building Official and the Fire Marshal.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
5. 87 Old Amity Road, Application #2012-011 submitted by Mark A. Esposito, Jr. for an Additional Use to store Landscaping Equipment –
Isabel Kearns prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Shurtleff and seconded by Winer to approve the following resolution for Application #2012-011:
Whereas, in a letter dated March 30, 2012, Claire Jennings, owner of 87 Old Amity Road, authorized Mark Esposito, Jr. to apply for the additional business use for a landscaping and snowplowing business located at 87 Old Amity Road;
Whereas, Mark Esposito, Jr. applied to the Bethany Planning and Zoning Commission on April 3, 2012, for an additional business use permit to operate a landscaping and snowplowing business located at 87 Old Amity Road;
Whereas, the Commission, at its regular meeting of May 2, 2012, considered the application information, statement of use, testimony and other pertinent information relating to a request for the additional business use of a landscaping and snowplowing business located at 87 Old 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) Lynn Fox, Quinnipiack Valley Health District representative, signed off on the back of the application form on April 25, 2012, indicating her approval.
2) Roderick White, Fire Marshal, submitted a letter dated April 24, 2012, in which he would like to review plans specific to the intended use at such time when the tenant fit-out permit is being reviewed.
3) The Commission received correspondence dated May 1, 2012, from the Inland Wetlands Commission in which they state that no Inland Wetlands Permit is required at this time for the proposed activity based on the fact that there will be no new clearing and no car repairs on site.
Now Therefore Be It Resolved that pursuant to Section 5.5.A. of the Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the Additional Business Use Permit to operate a landscaping and snowplowing business from 87 Old Amity Road with the following condition:
1) A building permit for an Interior-Fit-Out must be approved by the Building Official and the Fire Marshal.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
6. Discussion and possible action to set public hearing date regarding proposed amendments to the Zoning Regulations on accessory buildings - Tabled.
7. Discuss increasing application fees – Tabled.
There being no further business to come before the Commission, it was moved by Calhoun and seconded by Winer to adjourn the regular meeting at 7:56 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
