MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JULY 3, 2013 The regular meeting of the Planning and Zoning Commission was called to order at 7:07 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Commission Members were present:
Kimberly McClure Brinton, Member
Michael Calhoun, Member
Michael Sullivan, Member
Douglas Goldner, Member
Salvatore Amadeo, Member
Donna Shea, Alternate Member
` James Gugliotti, Alternate Member
Bradford Buchta, Alternate Member
Also present were:
Hiram Peck, Town Planner
Isabel Kearns, Zoning Enforcement Officer
Kevin McSherry, Town Attorney
It was moved by Calhoun and seconded by Sullivan to nominate Kimberly McClure Brinton as temporary Chairman for purposes of Election of Officers.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
ELECTION OF OFFICERS AND APPOINTMENT OF STAFF
• It was moved by Calhoun and seconded by Amadeo to nominate Kimberly McClure Brinton as Chairman of the Planning and Zoning Commission for the term of July 2013 to June 2015.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
• It was moved by Brinton and seconded by Goldner to nominate Salvatore Amadeo as Vice-Chairman of the Planning and Zoning Commission for the term of July 2013 to June 2015.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
• It was moved by Brinton and seconded by Goldner to nominate Michael Calhoun as Secretary of the Planning and Zoning Commission for the term of July 2013 to June 2015.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
• It was moved by Brinton and seconded by Goldner to nominate Michael Calhoun as Representative to the South Central Regional Planning Commission for the term of July 2013 to June 2015.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
Hiram Peck briefly described the position of representative to the South Central Regional Planning Commission. Mr. Peck stated the SCRPC meets typically once a month or more and talks about issues of regional importance in the Towns located in the region. Mr. Peck stated that Michael would attend these meetings and bring back to the Commission the information on what is going on in the region.
• It was moved by Calhoun and seconded by Sullivan to nominate Donna Shea as Alternate Representative to the South Central Regional Planning Commission for the term of July 2013 to June 2015.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
It was moved by Amadeo and seconded by Calhoun to table the nomination of the position as Representative to the West Rock Ridge State Park Council until the next regular meeting on August 7, 2013.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
Mr. Peck was asked to describe what his position entails as Town Planner.
• It was moved by Calhoun and seconded by Sullivan to appoint Hiram Peck as Town Planner for the term of July 2013 to June 2015.
Voting for: Brinton, Calhoun, Sullivan.
Abstaining: Goldner and Amadeo.
Unanimous approval.
• It was moved by Calhoun and seconded by Goldner to appoint Isabel Kearns as Zoning Enforcement Officer for the term of July 2013 to June 2015.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
• It was moved by Calhoun and seconded by Sullivan to appoint Karen Hubbell as Assistant Zoning Enforcement Officer for the term of July 2013 to June 2015.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
• It was moved by Calhoun and seconded by Amadeo to appoint Antonia Marek as Clerk for the Planning and Zoning Commission for the term of July 2013 to June 2015.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
It was moved by Goldner and seconded by Sullivan to table the next Commission business on the agenda until after the public hearing.
Unanimous approval.
PUBLIC HEARING
• Application #2013-015 submitted by Claire Wiseman for Special Exception Permit for a riding academy located at 110 Hatfield Hill Road -
At 7:34 p.m., Chair Brinton called to order the public hearing on the above referenced application. The call for the public hearing was read. Chair Brinton reviewed the complete contents of the application file.
Chair Brinton then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
1) Exhibit 1A – Letter from Quinnipiack Valley Health District dated June 28, 2013, Re: Comments and recommendations on Application #2013-015 for 110 Hatfield Hill Road.
2) Exhibit 1B – Letter from South Central Connecticut Regional Water Authority, dated July 1, 2013, Re: Comments and recommendations on Application #2013-015 for 110 Hatfield Hill Road.
3) Exhibit 1C – Submitted by Isabel Kearns, ZEO, map entitled, “Lot Line Revision Plan Between 110 & 120 Hatfield Hill Road, Bethany, CT”, dated March 30, 2012, with no revisions, prepared by John Paul Garcia & Associates, Bethany, Connecticut, recorded on the Land Records, Map #A-999.
4) Exhibit 1D – Copy of advertisement from the internet for “Red Skye”, 110 Hatfield Hill Road, Bethany, Connecticut.
Isabel Kearns, ZEO, explained that when Ms. Wiseman came in a year ago she stated was not going to be a commercial operation but now there is an advertisement on the internet for the property. Also, Ms. Kearns stated that in 2012 the Planning and Zoning Commission authorized her to act in an administrative capacity on the property as long as there was a map submitted showing the lot line revision (Exhibit 1C) which has been completed and the barn and location of riding academy meets all standards and setbacks.
Present to speak on behalf of this application was Claire Wiseman of 110 Hatfield Hill Road. Ms. Wiseman noted the following:
o She is a psychologist and has a full time practice in West Hartford.
o A year or so ago started using horses for therapy.
o Using the arena as an equine assistance psycho therapy.
o Received a home office permit on April 4, 2012, from the Planning and Zoning Commission.
o Has three horses that can do therapy.
In discussion, some Commission members noted:
o Applicant mentioned approximately 10 to 12 patients per week.
o Applicant leasing the property.
o No boarding at facility.
o Barn has only four stalls so the maximum number of horses shall be four.
Kevin McSherry, Town Attorney , recommended that a deed of merger should be filed on the Land Records when combining two pieces. The Commission should make this a condition of approval.
The following resident had a question:
o Sharon Huxley of 340 Old Mill Road – Mrs. Huxley stated that she had seen an advertisement on the web which included jumping and riding lessons at the subject property which is not therapy. Her concern is that the property is a much more active facility than stated which would generate more traffic and this could possibly become a large boarding facility.
Chair Brinton asked if anyone would like to speak in favor of the application. No one commented.
Chair Brinton asked if anyone would like to speak in opposition of the application. No one commented.
There being no further information needed, at 8:07 p.m. it was moved by Amadeo and seconded by Calhoun to close the public hearing on the subject application.
Unanimous approval.
NEW BUSINESS
1) 192 Litchfield Turnpike, Application #2013-016 submitted by Kelly Donovan for a Home Occupation Permit for an office to operate an internet-based clothing and accessory business –
The Commission formally received the application. No one was present to speak on behalf of this application.
Isabel Kearns, ZEO, stated that the applicant will be travelling with her van with the clothing and the home office will be just for computer use.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Amadeo and seconded by Sullivan to approve the following resolution for Application #2013-016:
Whereas, Kelly Donovan, applicant, applied to the Planning and Zoning Commission on July 3, 2013, for a home occupation permit to operate an internet-based clothing and accessory business at 192 Litchfield Turnpike;
Whereas, the owner of the property, Jennifer Donovan, authorized Kelly Donovan to apply for this home occupation business in a letter dated June 10, 2013;
Whereas, the Commission at its regular meeting of July 3, 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 June 7, 2013, indicating approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on June 17, 2013, indicating his approval.
3) The Commission received correspondence dated June 10, 2013, from Ronald Walters, representative of the South Central Connecticut Regional Water Authority, in which he states he has no comments.
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 Kelly Donovan to operate a home office for an internet-based clothing and accessory business at 192 Litchfield Turnpike, as outlined in the Statement of Use dated June 7, 2013.
Vote: 5 to 0.
Voting for: Brinton, Amadeo, Calhoun, Sullivan, Goldner.
Unanimous approval.
2) 37 Carmel Road, Application #2013-017 submitted by Benjamin Gardner for a Home Occupation Permit for a home office to operate landscaping business –
The Commission formally received the application. Present to speak on behalf of this application was Benjamin Gardner, applicant and owner of record.
Isabel Kearns, ZEO, stated that the mowing equipment will be stored inside the existing garage.
Mr. Gardner reviewed the proposed project noting:
• Home office is to manage administrative part of the business.
• Will have two mowers which will be stored inside.
• No pesticides or herbicides to be used.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Sullivan and seconded by Amadeo to approve the following resolution for Application #2013-017:
Whereas, Benjamin Gardner, owner of 37 Carmel Road, applied to the Planning and Zoning Commission on June 18, 2013, for a home occupation permit to operate an office and associated landscaping business from the premises;
Whereas, the Commission at its regular meeting of July 3, 2013, considered the statement of use, narrative, testimony and other pertinent application information relating to this home occupation permit to operate an office and associated landscaping business application;
Whereas, the applicant has indicated on the Statement of Use dated June 18, 2013, that the application is for an office and landscaping business. There will be no outside storage. There will be one mower and a trailer associated with the business which will be stored within the existing garage. There will be no employees other than the owner, Mr. Gardner;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1.) Lynn Fox, representative of Quinnipiack Valley Health District, signed off on the back of the application form on June 18, 2013, indicating approval of the application.
2.) Rod White, Fire Marshal, signed off on the back of the application form on June 18, 2013, indicating his approval.
3.) Ronald Walters of the South Central Regional Water Authority submitted a letter to the Commission dated July 1, 2013, in which he states that he has no comment.
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 home occupation application of Benjamin Gardner to operate a home office and associated landscaping business from the premises of 37 Carmel Road, as outlined in the Statement of Use dated June 18, 2013, and in accordance with the testimony given.
Vote: 5 to 0.
Voting for: Brinton, Amadeo, Calhoun, Sullivan, Goldner.
Unanimous approval.
OLD BUSINESS
1. 110 Hatfield Hill Road, Application #2013-015 submitted by Claire Wiseman (Red Skye Therapy) for a Special Exception Permit for a riding academy –
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Amadeo and seconded by Sullivan to approve the following resolution for Application #2013-015:
Whereas, in an e-mail dated June 4, 2013, Ezra Dottino, owner of 110 Hatfield Hill Road, authorized Claire Wiseman to act on his behalf to obtain a Special Exception Permit to utilize the existing riding facility as a riding academy at 110 Hatfield Hill Road;
Whereas, on June 5, 2013, Claire Wiseman applied for a Special Exception Permit to utilize an existing riding facility as a riding academy at 110 Hatfield Hill Road;
Whereas, the Commission opened a public hearing on this application on July 3, 2013, and closed the public hearing at the conclusion of testimony that same evening;
Whereas, the Commission at its regular meeting also held on July 3, 2013, considered the maps, testimony and other pertinent application information relating to a request for a Special Exception Permit to utilize an existing riding facility as a riding academy at 110 Hatfield Hill Road;
Now Therefore, the Commission makes the following findings of fact and decision regarding the application:
1) Lynn Fox and Leslie Balch, Quinnipiack Valley Health District representatives, submitted a letter dated June 28, 2013, with comments.
2) The Planning and Zoning Commission received correspondence from Ronald Walters of the South Central Connecticut Regional Water Authority dated July 1, 2013, in which he outlines some boilerplate best management practices.
3) Rod White, Fire Marshal, signed off on the back of the application form on June 26, 2013 indicating his approval.
Now Therefore Be It Resolved, that pursuant to Section 4.4.E. of the Zoning Regulations of the Town of Bethany, effective December 7, 2011, the Commission hereby approves Application #2013-015 submitted by Claire Wiseman for a Special Exception Permit to utilize the existing riding facility as a riding academy at 110 Hatfield Hill Road, as shown on the following submitted plan entitled, “As-Built Site showing barn 120 Hatfield Hill Road, Bethany, Connecticut”, dated December 11, 2012, with no revisions prepared by John Paul Garcia and Associates, 190 Fairwood Road, Bethany, Connecticut;
And with the following conditions:
1) Any lighting associated with the riding facility shall be full cut off and shall not trespass onto any abutting property.
2) The storage of materials and waste shall be maintained using best management practices and are at least 100 feet from any property line.
3) All manure shall be stored in a covered dumpster and shall be removed as needed. There shall be no stockpiling of manure.
4) Comments in the letter from South Central Connecticut Regional Water Authority dated July 1, 2013, and letter from Quinnipiack Valley Health District dated June 28, 2013, to be fully enforced.
5) Copy of Deed of Merger to be filed on Land Records at time of the Special Exception Permit filing on the Land Records.
6) No boarding is permitted as part of this approval.
7) Maximum number of horses limited to four (4).
Vote: 5 to 0.
Voting for: Brinton, Amadeo, Calhoun, Sullivan, Goldner.
Unanimous approval.
2. 696 Amity Road, Unit A-4, Application #2013-009 submitted by Mirian Echevarria for a Change of Use Permit to operate a barbershop –
No one was present for this application. Isabel Kearns, ZEO, stated that the Quinnipiack Valley Health District, did not approve the application and Ms. Kearns requested that the applicant withdraw the application to receive a refund of the application fee but she did not, therefore, due to the lapse of time, the Commission needs to deny the application.
Commission members proceeded to deliberate. It was moved by Amadeo and seconded by Calhoun to deny, without prejudice, Application #2013-009 submitted by Mirian Echevarria for a barbershop due to the denial of this application by the Quinnipiack Valley Health District and the applicant’s failure to withdraw the application as requested by the Zoning Enforcement Officer.
Vote: 5 to 0.
Voting for: Brinton, Amadeo, Calhoun, Sullivan, Goldner.
Unanimous approval.
3) Application #2013-013 submitted by Anthony Esposito for various zoning amendments – Mr. Esposito was not present but he had submitted a letter to Consent to Extension of Time dated July 1, 2013, for a 35 day extension to begin the public hearing.
Hiram Peck, Town Planner, met with Mr. Esposito on June 14, 2013, and discussed the Town Attorney’s letter dated May 15, 2013. Mr. Peck stated that at that time Mr. Esposito was not interested in withdrawing the application and that I suggested to him that he might need to get an attorney to comment on the Town Attorney’s letter.
This item will be tabled until the next regular meeting on August 7, 2013.
It was moved by Sullivan and seconded by Amadeo to accept and grant the extension of 35 days from Anthony Esposito to schedule the public hearing.
Tabled.
4) Discussion with ZEO regarding signage for larger parcels/Airport Property –
Hiram Peck, Town Planner, stated this item has been resolved and he has written a letter to First Selectman Gorski regarding a historic sign and no internally lit signs.
5) 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. - Clerk will forward copy to members. Tabled.
6) Continue discussion on Village Districts – Clerk will forward copy to members. Tabled.
7) Discuss increasing application fees – Tabled.
APPROVAL OF MINUTES
Donna Shea, Alternate, was seated as a voting member for the approval of the minutes.
1. It was moved by Calhoun and seconded by Shea to approve, as submitted, the minutes of the June 5, 2013, Regular Meeting.
Voting for: Brinton, Calhoun, Shea.
Unanimous approval.
BILLS
1. It was moved by Goldner and seconded by Calhoun to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for June 2013, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Brinton, Calhoun, Amadeo, Sullivan, Goldner.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Quinnipiack Valley Health District, dated June 28, 2013, Re: Comments on review of Application #2013-015 for 110 Hatfield Hill Road.
2. Letter from SCC Regional Water Authority, dated July 1, 2013, Re: Review comments for 110 Hatfield Hill Road, special exception permit for riding academy.
3. Letter from SCC Regional Water Authority, dated July 1, 2013, Re: Review comments for 37 Carmel Road, home occupation – office for landscaping business.
4. Letter of Consent of Extension of Time from Anthony Esposito for Application #2013-013 for extension of 35 days to begin the public hearing on subject application.
5. Copy of Municipal Citation to Daniel Dinis of 27 Hamilton Drive sent by the Zoning Enforcement Officer.
6. Letter from Isabel Kearns, ZEO, to Joseph Barnick and David Dimella, dated July 2, 2013, Re: Cease and Desist Order, Zoning Enforcement for 850 Carrington Road.
7. Letter from Isabel Kearns, ZEO, to Allyn J. Foss Trust, dated July 1, 2013, Re: Cease and Desist Order, Zoning Enforcement for 93 Lacey Road.
8. Letter from Isabel Kearns, ZEO, to Mark D’Andrea, Aqua Turf Irrigation, dated July 1, 2013, Re: Cease and Desist Order, Zoning Enforcement for 860 Carrington Road.
9. Letter from Isabel Kearns, ZEO, to Garrett Vorio, dated June 20, 2013, Re: Final Courtesy Correspondence for violation for outside storage for 415 Fairwood Road.
10. Letter from Isabel Kearns, ZEO, to Mr. & Mrs. Todd Ryker, dated June 20, 2013, Re: Final Courtesy Correspondence for violation for outside storage for 2 Clay Road.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Summer 2013.
2. The Connecticut Landscape Architect, Spring 2013.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO, submitted a chart of the Building Permits dated July 1, 2013, that she issues administratively.
Ms. Kearns also stated she issued the first Municipal Citation to Daniel Dinis of 27 Hamilton Drive and has sent out numerous letters for zoning violations listed in Correspondence.
Hiram Peck, Town Planner, suggested having a basic workshop on land use law by Attorney Steve Byrne of the Connecticut Federation of Planning and Zoning Agencies. Also, the Center for Land Use Education and Research (part of UCONN) offers a basic course.
There being no further business to come before the Commission, it was moved by Sullivan and seconded by Amadeo to adjourn the regular meeting at 8:45 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
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