MINUTES OF THE BETHANY
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
Bradford
Buchta, Alternate Member
The following Commission Member was
absent or excused:
James
Gugliotti, Alternate Member
Also present were:
Hiram
Peck, Planning Consultant
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 Calhoun and seconded by Sullivan to approve the payment of
$1,000.00 (monthly pro rata basis), for services rendered for November 2013, by
Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous
approval.
GENERAL CORRESPONDENCE
1. Letter
from Regional Water Authority, dated December 4, 2013, Re: Review comments on 55 Green Hill Road
2. Letter
from the Conservation Commission, dated November 15, 2013, Re: Review comments on 788 Amity Road
3. Letter
from Diversified Technology Consultants to Inland Wetlands Commission, dated
November 25, 2013, Re: Review comments
on 788 Amity Road
4. Letter
from Bethany Volunteer Fire Department dated November 25, 2013, Re: Response to request to waive a water source
for subdivision located at 788
Amity Road
5. Copy
of Inland Wetlands Permit #1204 approved on November 25, 2013, for a four-lot
subdivision located at 788 Amity
Road
6. Letter
from Regional Water Authority, dated December 4, 2013, Re: Review comments on 9
Northrop Road
7. Letter
from Regional Water Authority, dated December 2, 2013, Re: Review comments on 234 Amity Road
8. Letter
from Regional Water Authority, dated December 2, 2013, Re: Review comments on 696 Amity Road
9. Letter
from Quinnipiack Valley Health District, to Milone and McBroom Engineers, dated
November 19, 2013, Re: Review of
application for proposed Rocky Corner Subdivision, Meyers Road
10. Letter from
Nancy McCarthy, Town Clerk, dated November 20, 2013, Re: Request for regular meeting schedule for 2014
with attached draft of 2014 Regular Meeting Schedule prepared by clerk.
Vote 5 to 0.
Voting for: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous approval.
11. Letter from
Regional Water Authority, dated November 19, 2013, Re: Response to noise complaint from the firewood
harvest located intersection of Valley and Old Mill Roads.
12. Letter to
Arnold Novenstein of 692 Litchfield Road from Isabel Kearns, ZEO, dated
November 13, 2013, Re: Response to
complaint on the property located at 192 Litchfield Turnpike.
13. Letter to
Mr. and Mrs. Ralph Scinto from Isabel Kearns, ZEO, dated November 7, 2013,
Re: Notice of Violation at property
located at 48 Northrop Road
14. Letter to
Mr. and Mrs. Ralph Scinto from Isabel Kearns, ZEO, dated November 12, 2013,
Re: Response to violation at property
located at 48 Northrop Road
15. Letter to
John and Bill Ciola from Isabel Kearns, ZEO, dated November 12, 2013, Re: Cease and Desist Order for property located
at 5 Amity Road 10 Round Hill Road
16. Letter from
South Central Connecticut Regional Planning Commission, dated November 18,
2013, Re: Review comments on Town of Cheshire
17. Email from
South Central Connecticut Regional Planning Commission, dated November 7, 2013,
Re: Referral from Town of Seymour
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE
COMMISSION ACTION
Isabel Kearns, ZEO,
reported that:
- The Ciola letter dated November 12, 2013, in correspondence has not
been mailed.
- Submitted list of building permits dated December 4, 2013.
PUBLIC HEARINGS
·
Application
#2013-026 submitted by John Ellison for Special Exception Permit for an accessory
apartment located at 55 Green Hill Road -
At 7:17 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 – Submitted by John Ellison, a set of
four photographs of the subject property with a description on the back of each
photograph.
2)
Exhibit 1B – Letter from Regional Water
Authority, dated December 4, 2013, Re:
Review comments on 55 Green Hill Road, permit for accessory apartment.
Present to speak on behalf of this application was John
Ellison, applicant and owner of record.
Mr. Ellison noted:
o
The garage was constructed in 2004-2005 with an
empty space above garage. Would like to
make that empty space an accessory apartment.
o
The accessory apartment will have a separate
entrance.
o
Made a determination to do a separate septic
system due to the fact the present septic for the home is getting old (house
built in the 70’s).
In discussion, some Commission members noted:
o
The connecting device from the house to the
accessory apartment will be a breezeway.
Chair Brinton asked if anyone from the public would like to
speak for or against the application.
There were no comments.
At 7:28 p.m., it was moved by Sullivan and seconded by Calhoun
to close the public hearing.
Unanimous.
·
Application
#2013-028 for a four-lot resubdivision and waiver request for the provision of
open space and waiver request for water source for fire protection and
Application #2013-029 for a Special Exception Earth Removal, Excavation,
Filling, Stockpiling and Grading Permit both submitted by Amity Road LLC for
property located at 788 Amity Road –
At 7:29 p.m., Chair Brinton called to order the public
hearing on the above referenced applications.
The two applications will be heard together. The call for the public hearing was
read. Chair Brinton reviewed the
complete contents of the application files.
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 the Conservation Commission, dated November 15, 2013, Re:
Review comments on 788 Amity Road for a subdivision.
2) Exhibit
1B – Letter from Diversified Technology Consultants to Inland Wetlands
Commission, dated November 25, 2013, Re:
Review comments on 788 Amity Road – 4-Lot Subdivision.
3) Exhibit
1C – Letter from Rod White, Fire Marshal, submitted December 4, 2013,
Re: Review comments on Application
#2013-028 and #2013-029, 788 Amity Road.
4) Exhibit
1D – Letter from Bethany Volunteer Fire Department dated November 25, 2013,
Re: Response to request to waive a water
source for subdivision located at 788
Amity Road
5) Exhibit
1E - Copy of Inland Wetlands Permit #1204 approved on November 25, 2013, for a
four-lot subdivision located at 788
Amity Road
Present to speak on behalf of this application was John Paul
Garcia, P.E./L.S. representing the applicant, Anthony Vallillo, who was also
present.
Mr. Garcia noted:
o
The property is the old Humane Society site.
o
Presently the property is used as a training
facility for working dogs.
o
The applicant’s intent is to subdivide into four
lots.
o
The existing house is presently being used for a
commercial operation.
o
The proposed road would be serviced as a private
road.
o
Quinnipiack Valley Health District did not
submit a final review.
o
Would like the Commission to keep the public
hearing open so that Mr. Garcia can review and address the letters from the Bethany
Volunteer Fire Department, dated November 25, 2013, the Fire Marshal, submitted
December 4, 2013, and address the comments from the Conservation Commission,
dated November 15, 2013.
In discussion, some Commission members noted:
o
Would like to schedule a site visit.
Chair Brinton asked if anyone from the public would like to
speak.
Susan Cronin of 35 Russell Road
– Mrs. Cronin asked what road will be used to enter into the subdivision. Mr. Garcia stated the existing road will be
used to enter into the subdivision and will be created to Town standards but
will be a private road.
Hiram Peck, Planning Consultant,
suggested that it should be noted on the record map, if approved, that this property
is a dog facility for future reference.
The Commission scheduled a site visit for Saturday, December
7, 2013, at 8:00 a.m.
At 7:52 p.m., Chair Brinton recessed the public hearing and
continued it to the next regular meeting on Wednesday, January 8, 2013.
Whereas, Thomas Goodwin applied to the Planning and Zoning
Commission on December 4, 2013, for a
home occupation permit to operate an office for a landscaping business located
at 9 Northrop Road;
Whereas, the Commission at its regular meeting of December 4, 2013,
considered the statement of use dated November 12, 2013, 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 November 13,
2013, indicating her approval.
2)
Rod White, Fire Marshal, signed off on the back of the
application form on December 2, 2013, indicating his approval.
3)
The Commission received correspondence dated December
4, 2013, from Ronald Walters of the South Central Connecticut Regional Water
Authority in which he states 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, effective to December 7, 2011, the
Bethany Planning and Zoning Commission approves the application of Thomas
Goodwin for a home occupation permit to operate a home office for a landscaping
business, as outlined in the Statement of Use dated November 12, 2013 with the
following condition:
1)
There shall be no outside storage associated with the
landscaping business.
Vote
5 to 0.
Voting
for: Brinton, Amadeo, Calhoun,
Goldner, Sullivan.
Unanimous approval.
Whereas, Jodie Remillard applied on December 4, 2013 to the Bethany
Planning and Zoning Commission for a Change of Use Permit to operate a dance
studio from Units GL-1 and GL-2 located
at 696 Amity Road;
Whereas, Brian Botti/Taco, LLC, owner of Units Gl-1 and GL2 located
at 696 Amity Road, authorized Jodie Remillard to apply for a change of use to
operate a dance studio in Units GL-1 and GL-2 in a letter dated October 3,
2013;
Whereas, the Commission, at its regular meeting of December 4,
2013, considered the application information, statement of use, testimony and
other pertinent information relating to a request for the Change of Use Permit to
operate a dance studio from Units GL-1 and
GL-2 located 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)
John
Laudano, Quinnipiack Valley Health District representative, signed off on the
back of the application form on November 25, 2013, indicating his
approval. He also submitted a letter
dated September 9, 2013, in which he limits the number of students limited to
16 per day.
2)
Rod
White, Fire Marshal, signed off on the back of the application form on December 2, 2013, indicating his approval
but also noted that the applicant must complete a tenant fit-out application.
3)
The Commission
received a letter dated December 2, 2013, from Ronald Walters of the South
Central Connecticut Regional Water Authority, who indicated that he has no
comments.
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 Change of Use Permit to allow the
operation of a dance studio from Units GL-1 and GL-2 located at 696 Amity Road
(Application #2013-033), as presented in the application, statement of use and
testimony and with the following conditions:
1)
A building permit for an interior fit up must be
approved by the Building Official prior to any renovations to or occupancy of
the building.
2)
The Fire Marshal must sign off prior to a certificate
of occupancy.
3)
Per Quinnipiack Valley Health District approval
(letter dated September 9, 2013, from John Laudano) there shall be a maximum of
16 students per day.
Vote 5 to 0.
Voting
for: Brinton, Amadeo, Calhoun,
Goldner, Sullivan.
Unanimous approval.
Whereas, Michael Kenneth Jarvis, owner of 48 Knollwood Road,
applied to the Planning and Zoning Commission on December 4, 2013, for a home
occupation permit to operate an office and associated concrete coating business
from the premises;
Whereas, the Commission at its regular meeting of December 4, 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
November 22, 2013, that the application is for an office and associated
concrete coating business. There will be
no visitors or outside
storage. There will be one tractor
trailer visit per month for materials which will be stored within the existing
garage. There will be no employees other
than the owner, Mr. Jarvis;
Now Therefore, the Commission makes the following findings of fact
and decision regarding this application:
a. Lynn
Fox, representative of Quinnipiack Valley Health District, signed off on the
back of the application form on December 3, 2013, indicating approval of the
application.
b. Roderick
White, Fire Marshal, signed off on the back of the application form on December
2, 2013, indicating his approval.
Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of
the Town of Bethany Zoning Regulations, amended to December 11, 2013, the
Bethany Planning and Zoning Commission approves the home occupation application
of Michael Kenneth Jarvis to operate a home office and associated concrete
coating business from the premises of 48 Knollwood Road, as outlined in the
Statement of Use dated November 22, 2013, and in accordance with the testimony
given today and with the following condition:
A.
The Commission will revisit this application as it
pertains to tractor-trailer trips in one year’s time if it becomes an issue per
Zoning Enforcement Officer.
Vote 5 to 0.
Voting for: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous approval.
OLD BUSINESS
Whereas, Jack Ellison, owner of 55 Green Hill Road,
applied to the Commission on November 6, 2013, for a Special Exception Permit
for a 635 square foot accessory apartment above an existing garage at 55 Green
Hill Road;
Whereas, the
Planning and Zoning Commission opened a hearing on Application #2013-026 for an
accessory apartment at 55 Green Hill Road on December 4, 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:
- Lynn Fox, Quinnipiack Valley Health
Department representative signed off on the back of the application form
on October 23, 2013, and also provided a copy of Permit #2143 that was
issued to “convert space above garage into a one-bedroom apartment with
its own septic system”.
- Roderick White, Fire Marshal, signed off
on the back of the application form indicating his approval on December
19, 2013. However, he noted that
smoke and carbon monoxide detectors are required.
- The Application and Statement of Use
dated October 16, 2013 demonstrate that the proposed accessory apartment
would contain only 635 square feet of living space, and the Town of
Bethany Zoning Regulations allows a maximum of 700 square feet of living
space. It is noted that it is over the garage and will be
attached by a breezeway.
- The Commission received a letter dated
December 4, 2013, from Ronald Walters of the South Central Connecticut
Regional Water Authority in which he states that he has no comment.
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 Jack Ellison for a Special Exception Permit for a
635 square foot accessory apartment (#2013-026) as shown on the floor plan submitted
dated October 14, 2013, prepared by the applicant and as per the statement of
use dated October 16, 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 property (house and accessory apartment) continues to be
in full compliance with Section 4.4J of the Bethany Zoning Regulations.
2)
Smoke
and carbon monoxide detectors and any other code requirements as required by
the Fire Marshal.
3)
A
building permit for the accessory apartment must be submitted and approved by
the building official prior to any construction.
Vote 5 to 0.
Voting for: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous
approval.
OTHER BUSINESS
Member Michael Calhoun,
representative to the South Central Connecticut Regional Planning Commission,
reported on the Town of Seymour proposal to amend the zoning amendment as shown
in an email from South Central Connecticut Regional Planning Commission, dated
November 7, 2013, Re: Referral from Town
of Seymour on zoning amendment to Multi Family Zoning District with attached
comments from South Central Connecticut Regional Planning Commission dated
November 18, 2013. Member Calhoun stated
this property abuts Bethany and that there appears to be a good buffer in
between the development and Bethany and did not feel there would be any impact
on Bethany.
Chair Brinton mentioned to the
Commission about acquiring an Attorney who specializes in Land-Use to assist
the Commission on the Applications for 4 and 21 Meyers Road.
It
was moved by Sullivan and seconded by Amadeo to authorize Chairman Kimberly
McClure Brinton to speak to the Board of Selectmen pertaining to the Planning
and Zoning Commission acquiring an attorney who specializes in Land Use to
assist in the Green Haven application process.
Vote 5 to 0.
Voting for: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous
approval.
There
being no further business to come before the Commission, it was moved by
Calhoun and seconded by Amadeo to
adjourn the regular meeting at 8:47 p.m.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
