MINUTES OF THE BETHANY
The following Commission Members were present:
Melissa Spear, Chair
Mary Shurtleff, Vice-Chair
Michael Calhoun, Member
Kimberly McClure Brinton, Member
Patricia Winer, Member
Nellie Rabinowitz, Alternate Member
Donna Shea, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Hubbell, Assistant Zoning Enforcement Officer
Hiram Peck, Planning Consultant
Kevin McSherry, Town Attorney
APPROVAL OF MINUTES
1. It was moved by Winer and seconded by Brinton to approve the minutes of the April 3, 2013, Regular Meeting with the following correction:
• Page 5, Fourteenth bullet – Move Louise Harter of 64 Meyers Road. (submitted six graphics – Exhibit 25) to paragraph of residents who spoke in favor of the proposed amendment.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
2. It was moved by Shurtleff and seconded by Calhoun to approve, as submitted, the minutes of the April 17, 2013, Special Meeting/Hearing Continuation.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
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 2013, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
2. It was moved by Calhoun and seconded by Winer to approve the payment of a bill for $95.00, dated April 3, 2013, from Anne Sohon for recording services for the public hearing (Green Haven, Zoning Amendment).
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Quinnipiack Valley Health District, dated April 29, 2013, Re: Comments on Application #2013-009, proposed barbershop, 696 Amity Road, Unit A4, with attached letter from Quinnipiack Valley Health District, dated April 12, 2013 to Mirian Echevarria.
2. Letter from Quinnipiack Valley Health District, dated April 25, 2013, Re: Comments on Application #2013-011, proposed automotive repair, 87 Old Amity Road.
3. Memo from Mark Glazer owner of 696 Amity Road, Unit 4B, submitted April 30, 2013, Re: Explanation of business, The Mobile Consignment Shop, 696 Amity Road, Units 4B, 5B, and 6B.
4. Letter from South Central Connecticut Regional Water Authority, dated April 30, 2013, Re: No comment on application for Consignment Shop, ecommerce business, 696 Amity Road, Units 4B, 5B, and 6B.
5. Letter from South Central Connecticut Regional Planning Commission, dated April 12, 2013, Re: Review of Town of Prospect: Proposed Zoning Regulation Amendment to Section 2.4.4 – Expansion of Nonconforming Structure.
PUBLICATIONS AND WORKSHOPS
1. Clearscapes, A newsletter of the Center for Land Use Education and Research at the University of Connecticut, Winter 2013.
2. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2013.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO. No report at this time.
NEW BUSINESS
1. 696 Amity Road, Unit A-4, Application #2013-009 submitted by Mirian Echerarria for a Change of Use Permit to operate a barbershop –
The Commission formally received the application. No one was present to speak on behalf of this application.
The Commission received a letter from Quinnipiack Valley Health District, dated April 29, 2013, denying the application at this time.
Isabel Kearns, ZEO, will speak to Quinnipiack Valley Health District and report back to Commission.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, June 5, 2013. Tabled.
2. 567 Carrington Road, Application #2013-010 submitted by Carol Lambiase for a Home Occupation Permit to operate an office for an arborist business –
The Commission formally received the application. Present to speak on behalf of this application was Carol Lambiase, applicant and owner of record.
Commission members reviewed the application file, discussed and proceeded to deliberate.
It was moved by Shurtleff and seconded by Calhoun to approve the following resolution for Application #2013-010:
Whereas, Carol Lambiase, owner of 567 Carrington Road, applied to the Planning and Zoning Commission on May 1, 2013, for a home occupation permit to operate a home office for an arborist business at 567 Carrington Road;
Whereas, the Commission, at its regular meeting of May 1, 2013, 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, signed off on the back of the application form on April 22, 2013, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on April 22, 2013, 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 December 7, 2011, the Bethany Planning and Zoning Commission approves the application of Carol Lambiase to operate an office for an arborist business at 567 Carrington Road, as outlined in the Statement of Use.
Vote 5 to 0.
Voting for: Spear, Shurtleff, Winer, Brinton, Calhoun.
Unanimous approval.
3. 87 Old Amity Road, Application #2013-011 submitted by Robert Weidig for an Additional Use Permit and a Site Plan Modification for a Used Car Dealership –
The Commission formally received the application. No one was present to speak on behalf of this application.
Commission members reviewed the application file, discussed and proceeded to deliberate.
It was moved by Shurtleff and seconded by Brinton to approve the following resolution for Application #2013-011:
Whereas, the owner of the property, Claire Jennings, in an e-mail dated April 18, 2013, authorized Robert Weidig to apply to the Planning and Zoning Commission for the necessary land-use permits to allow a used-car dealership and repair facility to operate from 87 Old Amity Road, as well as an attached 5-foot by 5-foot sign;
Whereas, Robert Weidig applied on May 1, 2013 to the Bethany Planning and Zoning Commission for a site plan modification and additional use for a used car dealership (10 cars maximum) and a repair facility, as well as an attached 5-foot by 5-foot sign permit at 87 Old Amity Road;
Whereas, at its regular meeting of May 1, 2013, the Commission considered the plans, testimony, statement of use and other pertinent application information relating to this site plan modification and an additional use for a used car dealership (10 cars maximum) and a repair facility, as well as an attached 5-foot by 5-foot sign permit at 87 Old Amity Road;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The property is not located with a Public Water Supply Watershed Area.
2) The Zoning Board of Appeals issued a Certificate of Approval for Location of a Motor Vehicle Dealer and Repairer at 87 Old Amity Road on April 8, 2013.
3) Roderick White, Fire Marshal, signed off on the back of the application form on May 1, 2013, indicating his approval of this application.
4) Lynn Fox, Quinnipiack Valley Health District Representative, submitted a letter with comments, dated April 25, 2013, indicating approval.
Now Therefore Be It Resolved, that pursuant to Sections 5.2.B.1, 5.3.h.3.b. and 7.3 of the Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the site plan modification and additional use for a used car dealership (10 cars maximum) and a repair facility, as well as an attached 5-foot by 5-foot sign permit at 87 Old Amity Road, as presented in the application, statement of use and testimony and as per the plan that was originally approved by the Commission on May 2, 2012, which at that time did not include the parking of cars for sale and with the following conditions:
1) Zoning Board of Appeals approval is for locational approval.
2) Applicant shall follow the comments listed in the letter from Quinnipiack Valley Health District, dated April 25, 2013.
3) The Zoning Enforcement Officer is authorized to approve the sign in conformance with the Bethany Zoning Regulations.
Vote 5 to 0.
Voting for: Spear, Shurtleff, Winer, Brinton, Calhoun.
Unanimous approval.
4. Discussion with ZEO regarding signage at Airport Property – Tabled.
5. 696 Amity Road, Units 3B, 4B, and 5B, Application #2013-012 submitted by The Mobile Consignment Shop LLC, for a Change of Use to operate an office for an eBay business –
The Commission formally received the application. No one was present to speak on behalf of this application.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, June 5, 2013. Tabled.
6. Application #2013-013 submitted by Anthony Esposito for various zoning amendments –
The Commission formally received the application. Present to speak on behalf of this application was Anthony Esposito.
The Commission would like to review and have Staff review before scheduling a public hearing.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, June 5, 2013. Tabled.
OLD BUSINESS
1) Green Haven, Inc., Application #2013-007 to amend the Bethany Zoning Regulations to add a new Section 23 titled Bethany Open Space Housing District (OSHD) –
Member Patricia Winer recused herself. Alternate Member Donna Shea was seated as a voting member.
Hiram Peck, Town Planner, prepared a draft resolution and distributed to Commission members.
Commission members discussed, commented individually and proceeded to deliberate. (Individual comments on clerk’s recording.)
It was moved by Calhoun and seconded by Shurtleff to approve the following resolution for Application #2013-007:
The Planning and Zoning Commission, in accordance with all applicable statutes and regulations, held a public hearing which opened on April 3, 2013, and closed on April 17, 2013, and took all testimony as required by law; and
The Planning and Zoning Commission has now considered the above referenced application at its meeting of May 1, 2013, and hereby takes the following action:
WHEREAS, the applicant Green Haven, Inc. has submitted a complete application along with information, and documentation at the Commission’s first public hearing session which included a draft Zoning Regulation amendment for an Open Space Housing District which was proposed to be Section 23 of the Bethany Zoning Regulations; and
WHEREAS, in response to comments made at the first session of the public hearing the applicant made several revisions to the proposed amendment, including revisions to:
1. The number of units per building.
2. The definition of Open Space.
3. The maximum size (number of units) in any single OSHD project.
4. The location of an OSHD to be only in an Housing Opportunity Development Zone.
5. The inclusion of the concept of an overlay zoning district.
6. The average number of bedrooms proposed per unit.
7. The addition that at least 15% of the homes be designed for the elderly.
8. The proposed coverage downward from 15% to 8%.
9. A clarification that lighting intensity be required to be approved by the Commission.
10. A revision to the requirement that all utilities be placed underground.
WHEREAS, the Commission has heard and considered all the testimony at both sessions of the public hearing and has reviewed all materials submitted by all parties; and
WHEREAS, the Commission finds that the application has changed significantly in several ways; it cannot be considered the same regulation that was originally submitted; and
WHEREAS, the Commission does have legislative authority in the matter of a zoning amendment where it can make “reasonable, related modifications to a proposal”, the Commission finds in this case that the revisions are too broad to be considered in such a light; and
WHEREAS, the Commission also notes that the original proposal could have been applied to more than one property in Bethany, while the final form of the proposed amendment could only be adopted for one location and that in itself is a substantial change in the proposed regulation.
THEREFORE BE IT RESOLVED, that application 2013-007 for an amendment to the Bethany Zoning Regulations to add a new Section 23, titled Bethany Open Space Housing District (OSHD) as submitted by Green Haven, Inc, is hereby denied without prejudice.
Vote 5 to 0.
Voting for: Spear, Shurtleff, Brinton, Calhoun, Shea.
Unanimous approval.
2) Continue discussion and possible action to set public hearing date regarding proposed amendments to the Zoning Regulations on accessory buildings, signage for larger parcels, home occupation permits, etc. - Tabled.
3) Continue discussion on Village Districts – Tabled.
4) Discuss increasing application fees – Tabled.
There being no further business to come before the Commission, it was moved by Brinton and seconded by Calhoun to adjourn the regular meeting at 7:50 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
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