MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, OCTOBER 2, 2013 Page 1
of 11
The following Commission Members
were present:
Kimberly
McClure Brinton, Chairman
Salvatore
Amadeo, Vice-Chairman
Michael
Calhoun, Member
Michael
Sullivan, Member
Douglas
Goldner, Member
Donna
Shea, Alternate Member
James
Gugliotti, Alternate Member
Bradford
Buchta, Alternate Member
Also present was:
Isabel
Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
Voting for: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Voting for: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
BILLS
1. It
was moved by Sullivan and seconded by Calhoun to approve the payment of a bill
for $105.00, dated October 2, 2013, from John McLeod for recording services for
the public hearings (91 Bethway Road and 31 Rolling Green Road).
Voting for: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous approval.
2. It
was moved by Calhoun and seconded by Sullivan to approve the payment of
$1,000.00 (monthly pro rata basis), for services rendered for September 2013,
by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous
approval.
3. It
was moved by Sullivan and seconded by Calhoun to approve the payment of $175.00
to Connecticut Federation of Planning and Zoning Agencies for Workshop for
Bethany Planning and Zoning Commission on September 4, 2013 by Steven Byrne.
Voting for: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous
approval.
GENERAL CORRESPONDENCE
1. Memo
from Isabel Kearns, ZEO, dated July 11, 2013, Re: Review of 91 Bethway Road, proposed indoor
riding arena.
2. Email
from Elizabeth Doering of 91 Bethway Road, to Isabel Kearns, ZEO, dated September 17, 2013, Re: Manure removal procedure for Sperry View
Farm, Arena Detail and Gooseneck Lighting for 91 Bethway Road.
3. Email
from Patricia Winer of 7
Carrington Road 91 Bethway Road
4. Letter
from Derrylyn Gorski, dated September 9, 2013, Re: Section 8-24 Review for proposed addition to
the Bethany Community School.
5. Memo
from Bethany School Building Committee, dated September 23, 2013, Re: Section
8-24 Referral for new addition to Community School.
6. Letter
from Isabel Kearns, ZEO, to Claire Wiseman of 110 Hatfield Hill Road, dated
September 12, 2013, Re: Deed merger to
be filed on land records for Permit #2013-015 located at 110 Hatfield Hill
Road.
7. Letter
from Isabel Kearns, ZEO, to Donna Lagaipa of 45 Falls Road, dated September 16,
2013, Re: Final Courtesy Correspondence,
unregistered motor vehicles.
8. Letter
from Steven Byrne of Connecticut Federation of Planning & Zoning Agencies,
dated September 4, 2013, Re: Thank you
for opportunity to present workshop to Planning and Zoning Commission.
9. Email
from Eugene Livshits of South Central Regional Council of Governments, dated
October 2, 2013, Re: Town of Cheshire
PUBLICATIONS AND WORKSHOPS
1. CLEARscapes, A Newsletter of the Center for
Land Used Education and Research at the University of Connecticut
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE
COMMISSION ACTION
Isabel Kearns, ZEO,
reported on the following properties:
- 110 Hatfield Hill Road, Claire Wiseman – Deed of merger to be filed
on Land Records. Ms. Wiseman’s
lawyer is working with Town Attorney Kevin McSherry.
- 45 Falls Road, Donna Lagaipa – Has removed unregistered motor
vehicles.
- 650 Carrington Road – Property owner working on cleaning up
property.
PUBLIC HEARINGS
·
Application
#2013-018 submitted by Elizabeth Doering for Special Exception Permit for an
indoor riding arena located at 91 Bethway Road -
At 7:17 p.m., Chair Brinton called to order the public
hearing continuation on the above referenced application. Chair Brinton recused herself due to the fact
she is an abutting property owner.
Acting Chairman Amadeo seated Donna Shea, Alternate Member, as a voting
member for the public hearing continuation and read the call to the hearing.
Acting Chairman Amadeo then noted that the Commission has
received the following items relative to the subject application. Exhibit identification was assigned as noted:
1) Exhibit
2A – Liz Doering submitted revised “Floor Plan” dated July 16, 2013, Sheet
#1.01, “Elevations” dated July 16, 2013, Sheet #2.01 prepared by King
Construction Company, New Holland, PA.
(Original plan submitted was not to scale.)
2) Exhibit
2B – “Boundary & Overall Plan”, revised October 2, 2013, by the applicant,
Liz Doering, with hand drawn revisions
(added manure storage containers and underground utilities).
3) Exhibit
2C – Memo from Isabel Kearns, ZEO, dated July 11, 2013, Re: Review of 91 Bethway Road, proposed indoor riding
arena.
4) Exhibit
2D – Email from Elizabeth Doering of 91 Bethway Road, to Isabel Kearns,
ZEO, dated September 17, 2013, Re:
Manure removal procedure for Sperry View Farm, Arena Detail and
Gooseneck Lighting for 91 Bethway Road.
5) Exhibit
2E – Email from Patricia Winer of 7 Carrington Road, to Isabel Kearns, ZEO,
dated September 23, 2013, Re: Comments
on Liz Doering application, 91 Bethway Road, regarding lighting.
6) Exhibit
2F – Copies from the Land Records, Special Exception Permits, Commission
action date October 13, 1993, July 6, 1994, and March 2, 1994.
Present to speak on behalf of this application was Elizabeth
Doering, applicant and owner of record.
Ms. Doering noted:
o
All additional lighting will be full cutoff
lighting.
Isabel Kearns, ZEO, stated she has not received any
complaints in past 3 years but all lighting should be in compliance with full
cutoff lighting.
In discussion, some Commission members noted:
o
Will add a condition regarding the lighting in
the permit.
Acting Chairman Amadeo asked if anyone from the public would
like to speak. There was no one.
At 7:35 p.m., it was moved by Sullivan and seconded by Calhoun
to close public hearing.
·
Application
#2013-021, submitted by Christopher Kiley for a Special Exception Permit for an
Accessory Apartment located at 31 Rolling Green Road -
At 7:36 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.
No one was present to speak on behalf of this application.
Isabel Kearns, ZEO, stated that applicant needed to come in
for a permit to refinance their house and that this application complies with
the Bethany Zoning Regulations.
Commission members had no comments.
Chair Brinton asked if anyone from the public would like to
speak. No one commented.
At 7:40 p.m., it was moved by Sullivan and seconded by
Calhoun to close the public hearing.
Whereas, Section 8-24 of
the Connecticut General Statutes requires that a municipality refer proposals
to locate public buildings to the Planning and Zoning Commission for a report;
and
Whereas, First Selectman,
Derrylyn Gorski, has requested such a report in a letter dated September 9, 2013, relative to the addition
to the Bethany Community School; and
Whereas, The Town Plan of
Conservation and Development, adopted November 18, 1998, and last revised
August 31, 2010, specifically Section 7, Municipal Facilities; and
Now Therefore Be It Resolved,
that the Bethany Planning and Zoning Commission hereby finds that the proposed addition
to the Bethany Community School, as outlined in information submitted, is
consistent with the Town Plan of Conservation and Development adopted November
18, 1998, and last revised August 31, 2010.
Vote 5 to 0.
Voting for: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous approval.
Whereas, Philip Brunwin, applicant and owner, applied to the
Planning and Zoning Commission for a home occupation permit to manufacture
guitars and a home office for same located at 333 Downs Road;
Whereas, the Commission at its regular meeting of October 2, 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 October 1,
2013 indicating her approval.
2)
Rod White, Fire Marshal, signed off on the back of the
application form on October 2, 2013
indicating his approval.
3)
The Planning and Zoning Commission received a letter
dated October 1, 2013, from Ronald Walters 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 Philip
Brunwin for a home occupation permit to manufacture guitars and associated home
office located at 333 Downs Road, as outlined in the Statement of Use dated
September 27, 2013.
Vote 5 to 0.
Voting for: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous approval.
Chair Brinton stated this property is owned by her
mother-in-law and that she would not act impartially.
Commission members discussed and proceeded to deliberate.
It
was moved by Calhoun and seconded by Sullivan to approve the following
resolution for Application #2013-023:
Whereas, Janet Brinton, owner of the subject property, (in a letter
dated September 26, 2013) authorized Myron Price to apply to the Planning and
Zoning Commission for a home occupation permit for a home office for a package
delivery business;
Whereas, Myron Rice, applicant, applied to the Planning and Zoning
Commission for a home occupation permit to operate a home office for a package
delivery business located at 562 Amity Road, Apartment D;
Whereas, the Commission at its regular meeting of October 2, 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:
a. Lynn
Fox, Quinnipiack Valley Health District representative, signed off on the back
of the application form on October 2, 2013 indicating her approval.
b. Rod
White, Fire Marshal, signed off on the back of the application form on October
2, 2013 indicating his approval.
c. The
Planning and Zoning Commission received a letter dated October 1, 2013, from
Ronald Walters, South Central Connecticut Regional Water Authority representative,
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 Myron Rice
to operate a home office for a package delivery system located at 562 Amity
Road, Apartment D, as outlined in the Statement of Use dated September 27,
2013.
Brinton abstained.
Vote
4 to 0.
Voting for: Amadeo, Calhoun, Goldner, Sullivan.
Unanimous approval.
Tim and Crystal Smethurst reviewed the proposed project
noting:
·
There will be no structural changes inside or
outside the building.
·
Received approvals from Quinnipiack Valley
Health District and Regional Water Authority.
Commission members discussed and proceeded to
deliberate.
It was
moved by Calhoun and seconded by Goldner to approve the following resolution
for Application #2013-024:
Whereas, Timothy Smethurst applied on October 2, 2013, to the
Bethany Planning and Zoning Commission for a Change of Use Permit to operate a
Cross Fit Gym and an 8-foot by 8-foot free-standing sign located at 28 Munson
Road;
Whereas, in a letter dated September 30, 2013, Steve Czupi, owner
of 28 Munson Road, authorized Timothy Smethurst to apply for any land-use
permits for the operation of a Cross Fit Gym located at 28 Munson Road;
Whereas, the Commission, at its regular meeting of October 2, 2013,
considered the application information, statement of use, testimony and other
pertinent information relating to a request for the change of use and an 8-foot
by 8-foot free-standing sign for the operation of a Cross Fit located at 28
Munson Road;
Now Therefore the Commission makes the following findings
of fact:
1)
The
Zoning Regulations allow 75-feet of free-standing signage on any parcel in the
business and industrial area. The
proposed sign is only 64-square feet and is, therefore, in compliance with the
regulations.
2)
The
Planning and Zoning Commission received correspondence dated September 30,
2013, from John Laudano, representative from the Quinnipiack Valley Health
District, in which he states that a code compliant replacement septic system
could be installed should the existing system fails; thereby approving the
application.
3)
Rod
White, Fire Marshal, signed off on the back of the application form on October
2, 2013, indicating his approval of this application.
4)
The
Commission received a letter dated October 1, 2013, from Ron Walters of the
South Central Connecticut Regional Water Authority in which he stated that he
has no comments.
Now Therefore Be It Resolved that pursuant to Section 5.5.A. of the
Bethany Zoning Regulations, amended December 7, 2011, the Bethany Planning and
Zoning Commission approves the change of use to operate a Cross Fit Gym and an
8-foot by 8-foot sign located at 28 Munson Road
And with the following condition:
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.
Vote 5 to 0.
Voting for: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous approval.
OLD BUSINESS
Whereas, Elizabeth Doering, owner of 91 Bethway Road, applied for a
Special Exception Permit to construct a new 84 foot by 200 foot riding arena
located at 91 Bethway Road on July 3, 2013;
Whereas, the Commission opened a public hearing on this application
on September 4, 2013. Said hearing was
continued until October 2, 2013, and the hearing was closed at the conclusion
of testimony that same evening;
Whereas, the Commission, at its regular meeting also held on
October 2, 2013, considered the maps, testimony and other pertinent application
information relating to a request for a Special Exception Permit for a new 84 foot by 200 foot riding arena located
at 91 Bethway Road;
Now Therefore, the Commission makes the following findings of fact
and decision regarding the application:
1)
Lynn Fox, Quinnipiack Valley Health District
representative, submitted a letter to the Commission dated August 22, 2013, in
which she approves the new riding arena.
2)
The Inland Wetlands Commission issued Permit #1202 on
August 26, 2013, for the construction and associated filling for an 84 foot by
200 foot riding arena located 91
Bethway Road;
3)
The Planning and Zoning Commission received
correspondence from Ronald Walters of the South Central Regional Water
Authority dated August 7, 2013, stating that the storage of manure should
conform to the State of Connecticut Public Health Code (see letter).
4)
Rod White, Fire Marshal, signed off on the back of the
application form on August 30,
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,
Application #2013-018 from Elizabeth Doering, the Commission hereby approves
the Special Exception Permit to construct a new 84 foot by 200 foot riding
arena located at 91 Bethway Road, as shown on the following plans prepared by
Megson & Heagle of Glastonbury, Connecticut:
a)
“Boundary &
Overall Plan”, dated October 16, 2012, revised to July 19, 2013.
b)
“Site Plan”, dated October 16, 2012, revised to July
19, 2013.
c)
“Erosion & Sediment Control Notes & Details”,
dated July 19, 2013, with no revisions.
and with the following conditions:
1)
Any new lighting shall be full-cut off lighting.
2)
All manure shall be stored in a covered dumpster and
shall be removed as needed and comply with the Public Health Code of the State
of Connecticut. There shall be no
stockpiling of manure.
3)
Eliminate Condition #4 from the Special Exception
Permit approved on October 13, 1993, recorded on the Land Records, Volume 103,
Page 43.
4)
Existing outdoor arena lighting will not be used past
8:00 p.m. Should a complaint arise in
the future, the Planning and Zoning Commission reserves the right to revisit
the issue to review or require full cut-off lighting.
Brinton recused herself.
Vote 5 to 0.
Voting for: Amadeo, Calhoun, Goldner, Shea, Sullivan.
Unanimous approval.
Whereas, Christopher Kiley applied to the Commission
on September 4, 2013, for a Special Exception Permit for an accessory apartment
with 529 feet of floor area located at 31 Rolling Green Road;
Whereas, the
Planning and Zoning Commission opened a hearing on Application #2013-021 for an
accessory apartment located at 31 Rolling Green Road on October 2, 2013. Said hearing was closed at the conclusion of
testimony that same evening;
Now Therefore, the
Planning and Zoning Commission makes the following findings of fact and
decisions regarding the application:
1.
The
Commission received an e-mail from Lynn Fox, representative of Quinnipiack
Valley Health District, which states that they can recommend approval of the
accessory apartment based on the attached floor plan submitted August 9, 2013.
2.
Rod
White, Fire Marshal, signed off on the back of the application form indicating
his approval on September 23, 2013.
However, he noted that smoke and carbon monoxide detectors are required.
3.
The
application and Statement of Use dated September 9, 2013, demonstrate that the
proposed accessory apartment would contain only 529 square feet of living space,
and the Town of Bethany Zoning Regulations allows a maximum of 700 square feet
of living space.
4.
The
Planning and Zoning Commission finds that the Special Exception Permit
Application for an after-the-fact accessory apartment at 31 Rolling Green Road
complies with Section 4.4.J. of the Bethany Zoning Regulations and satisfies
the intent of the Regulations, as it is wholly contained within the existing
structure.
Now Therefore Be It Resolved, that pursuant to Section 4.4.J. of the Bethany Zoning Regulations,
amended to December 7, 2011, the Bethany Planning and Zoning Commission
approves the application of Christopher Kiley for a Special Exception Permit for
a 529 square foot accessory apartment located at 31 Rolling Green Road (#2013-021)
as shown on the floor plan submitted August 9, 2013, by the applicant and as
per the statement of use dated August 9, 2013;
And with the following conditions:
1)
The
owner of the property shall provide to the Commission an annual affidavit, due
prior to occupancy of the apartment and during the month of January each year,
to the effect that the accessory apartment continues to be in full compliance
with Section 4.4.J. of the Bethany Zoning Regulations.
2)
Smoke
and carbon monoxide detectors are required by the Fire Marshal.
3)
An
after-the-fact building permit must be received by the building official to
assure that the apartment complies with all building codes.
Vote 5 to 0.
Voting for: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
