MINUTES OF THE BETHANY
The following Commission Members
were present:
Kimberly
McClure Brinton, Chairman
Salvatore
Amadeo, Vice-Chairman
Michael
Calhoun, Member
Michael
Sullivan, Member
Donna
Shea, Alternate Member, was seated as a Voting Member
Bradford
Buchta, Alternate Member
The following Commission Members were
absent or excused:
Douglas
Goldner, Member
James
Gugliotti, Alternate Member
Also present was:
Hiram
Peck, Planning Consultant
Isabel
Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
Voting
for: Brinton, Amadeo, Calhoun, Sullivan,
Shea.
BILLS
1. It
was moved by Shea and seconded by Calhoun to approve the payment of $1,000.00
(monthly pro rata basis), for services rendered for January 2014, by Hiram W.
Peck III, AICP, Planning Consultant.
Voting
for: Brinton, Amadeo, Calhoun, Sullivan,
Shea.
Unanimous
approval.
GENERAL CORRESPONDENCE
1. Letter
from John Paul Garcia & Associates, dated January 7, 2014, Re: Description of revisions made to plans in
response to letter from Nafis & Young dated January 1, 2014, 788
Amity Road Jonia Court
2. Letter
from Nafis & Young, dated February 4, 2014, Re: Review comments on revised plans dated to
January 30, 2014, 788 Amity Road Jonia Court
3. Letter
from Fire Marshal Rod White, dated February 4, 2014, Re: Comments on request for waiver of water
source for fire protection located at 788
Amity Road
4. Letter
from South Central Connecticut Regional Water Authority, dated January 6, 2014,
Re: Comments on review of application
for 112 Old Amity Road
5. Letter
from South Central Connecticut Regional Water Authority, dated January 7, 2014,
Re: Comments on review of application
for 91 Bethway Road
6. Email
from Cindy Gaudino of Connecticut Water Company, dated January 29, 2014,
Re: 860 Carrington Road
7. Letter
from South Central Connecticut Regional Water Authority, dated January 30,
2014, Re: Comments on review of 44 Valley Road
8. Cease
and Desist Order from Isabel Kearns, Zoning Enforcement Officer, dated January
14, 2014, Re: 5 Amity Road 10 Round Hill Road
9. Cease
and Desist Order from Isabel Kearns, Zoning Enforcement Officer, dated January
14, 2014, Re: 77 Cheshire Road
10. Email from
Connecticut Department of Energy and Environmental Protection, dated January 15, 2014, Re: Notice of intent to modify General Permit for
Water Resources Construction Activities for compliance with 2013 Legislative
changes.
11. Email from
Hiram Peck, Planning Consultant, dated January 12, 2014, Re: Revised fee schedule for discussion with
attached revised schedule.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE
COMMISSION ACTION
Tabled.
PUBLIC HEARING
·
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 7:19 p.m., Chair Brinton called to order the public
hearing continuation on the subject application. Chair Brinton read the notice of the hearing
continuation.
During the course of the public hearing Chair Brinton noted
that the Commission has received the following items relative to the subject
application. Exhibit identification was
assigned as noted:
- Exhibit 2A – Letter
from Quinnipiack Valley Health District, dated December 9, 2013, Re: Comments on review of revised plan dated
November 12, 2013 for
B. Exhibit
2B - Letter from Nafis & Young, dated January 1, 2014, Re: Comments on review of plans for 788 Amity Road
C. Exhibit
2C - Email from Cindy Gaudino of Connecticut Water Company, dated September
20, 2013, to Isabel Kearns, ZEO, Re:
Review of plans for 788
Amity Road
- Exhibit 2D -
Letter from John Paul Garcia & Associates, dated January 7, 2014,
Re: Description of revisions made
to plans in response to letter from Nafis & Young dated January 1,
2014,
E. Exhibit
2E - Letter from Nafis & Young, dated February 4, 2014, Re: Review comments on revised plans dated to
January 30, 2014, 788 Amity Road Jonia Court
F. Exhibit
2F - Letter from Fire Marshal Rod White, dated February 4, 2014, Re: Comments on request for waiver of water
source for fire protection located at 788
Amity Road
G. Exhibit
2G – Submitted by John Paul Garcia, map prepared by John Paul Garcia &
Associates, entitled “Resubdivision Map Jonia Court”, dated April 11, 2013, revised
to January 30, 2014, showing a proposed
Open Space Easement Area.
Present to speak on behalf of this application was John Paul
Garcia, P.E./L.S. representing the applicant and owner of record, Anthony
Vallillo.
Mr. Garcia noted for the hearing record:
- We
have received approval from Quinnipiack Valley Health District, Inland
Wetlands Commission and the Department of Public Health.
- Addressed
all the comments from Nafis and Young in their letters dated January 1,
2014 and February 4, 2014, in a revised set of plans dated January 30, 2014.
- Pertaining
to the letter from the Fire Marshal dated February 4, 2014, we provided
for a 20,000 gallon storage water tank as stated in the Zoning
Regulations. The Fire Marshal
letter suggests an upgrade to a 30,000 gallon storage water tank as per
new ISO (Insurance Service Office) requirements, which is not part of the
Bethany Zoning Regulations.
Hiram Peck, Planning Consultant, stated in regard to the
20,000 gallon storage tank that is being provided by the applicant, it does
meet the Zoning Regulations.
Mr. Garcia stated for the hearing record that he is
withdrawing the waiver request for a water source for fire protection.
Mr. Garcia continued to discuss the open space waiver. Mr. Garcia informed the Commission that the
applicant is not in favor of a trail easement due to the fact there is a
working kennel located on the property for training of police dogs. Also, Mr. Garcia stated the applicant is not
offering a fee in lieu of. They are
making an offer for an open space easement which is allowed by the Zoning
Regulations, if the Commission does not approve the open space waiver. Mr. Garcia submitted Exhibit 2G (map
showing proposed open space easement).
Bruce Loomis, Chairman of the Conservation Commission,
stated the Conservation Commission asked for a trail easement but due to dog
kennel on property, the Conservation Commission will not push for the trail
easement. Mr. Loomis stated the
Conservation Commission is not in favor of the open space waiver and would be
favor of the open space easement being proposed for 788 Amity Road.
Mr. Garcia stepped outside and stated he spoke with his
client, Anthony Vallillo and that Mr.
Vallillo is willing to offer a trail easement that ties into 811 Litchfield
Turnpike (owned by Anthony Vallillo) but the trail easement cannot be activated
until the kennel use ceases operation, if the Planning and Zoning Commission requires
the applicant to provide a trail easement.
Chair Brinton asked if there were any members of the public
who would like to speak. No one from the
public spoke.
Anthony Vallillo, applicant and owner of record, stated for
the record that if he was to do a trail easement, he would not want the
liability and does not want to be responsible if something should happen to
someone on his property using the trail easement.
Mr. Garcia submitted a consent to the extension 35 days to
continue the public hearing on the subject applications.
o 112 Old Amity Road, Application
#2014-004 submitted by Warren Allen for a Special
Exception Permit for dwelling unit in
Business and Industrial Zone –
At 7:56 p.m., Chair Brinton called to order the public on
the subject application. Chair Brinton
read the legal notice for the public hearing.
Chair Brinton reviewed the contents of the application file.
Chair Brinton made a disclosure on the hearing record that
she is an abutting property owner and does not have any conflict with this
application.
During the course of the public hearing Chair Brinton 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 South Central
Connecticut Regional Water Authority, dated January 6, 2014, Re: Comments on review of application for 112 Old
Amity Road, paving and excavating company and apartment.
B. Exhibit 1B – Copy of the Assessor’s
Card for 112 Old Amity Road, with last
purchase date of April 19, 2012.
Present to speak on behalf of this application was Warren
Allen, applicant. Mr. Allen stated that
the Quinnipiack Valley Health District has not signed off on the application at
this time and is waiting for better weather to do test pits for septic system. Also, Mr. Allen mentioned there are a living
room, kitchen and bathroom existing in the building but it has never been
approved as a living space.
Isabel Kearns, ZEO, went to get a copy of the Assessor’s
card to get a date as to when the property was last purchased last (Exhibit 1B).
Chair Brinton asked if there were any members of the public
who would like to speak. No one from the
public spoke.
At 8:07 p.m., Chair Brinton called to order the public on
the subject application. Chair Brinton
read the legal notice for the public hearing.
Chair Brinton reviewed the contents of the application file.
During the course of the public hearing Chair Brinton 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 South Central
Connecticut Regional Water Authority, dated January 7, 2014, Re: Comments on review of application for 91
Bethway Road, addition to
indoor riding facility.
Present to speak on behalf of this application was Elizabeth
Doering, applicant and owner of record.
Mr. Doering stated that the Inland Wetlands Commission has not acted on
this application to date but the Inland Wetlands Commission had no concerns.
Chair Brinton stated the hearing will be continued so that
comments from the Inland Wetlands Commission can be submitted.
Chair Brinton asked if there were any members of the public
who would like to speak. No one from the
public spoke.
Voting for: Brinton, Amadeo,
Calhoun, Sullivan, Shea.
Whereas, Ann
Eisner, owner of 44 Valley Road, authorized Lawrence Eisner to apply for a Home
Occupation Permit for a professional law office to be located at 44 Valley Road
in an e-mail dated January 27, 2014;
Whereas, Lawrence
Eisner applied to the Planning and Zoning Commission for a Home Occupation
Permit for a professional law office permit to be located at 44 Valley Road;
Whereas, the
Commission at its regular meeting of February 5, 2014, considered the statement
of use, narrative, testimony and other pertinent application information
relating to this professional office application;
Now Therefore,
the Commission makes the following findings of fact and decision regarding this
application:
- Lynn Fox, Quinnipiack
Valley Health District representative, signed off on the back of the
application form on January 24, 2014, indicating her approval.
- Rod White, Fire Marshal, signed off on
the back of the application form on February 3, 2014, indicating his
approval.
- The Commission received
a letter dated January 30, 2014, from Ron Walters of the South Central
Connecticut Regional Water Authority in which he states that they have no
comments to offer.
Now Therefore Be It
Resolved, that pursuant to Section 4.3.D.4.a. of the Town of Bethany Zoning
Regulations, amended to December 7, 2011, the Bethany Planning and Zoning
Commission approves Application #2014-010 submitted by Lawrence Eisner for a
Home Occupation Permit to operate a professional law office in his home located at 44 Valley
Road as outlined in the Statement of Use dated January 24, 2014.
Voting for: Brinton, Amadeo,
Calhoun, Sullivan, Shea.
Member Sullivan made a disclosure that he is an abutting
property owner of the Airport property.
Whereas, Russell
Hehn applied on February 5, 2014, to the Bethany Planning and Zoning Commission
for a Change of Use Permit to operate a firearms training facility located at 5
Amity Road;
Whereas, William
Ciola, authorized Russell Hehn to apply for the necessary land-use permits to
operate his proposed business at 5 Amity Road in a letter dated January 30,
2014;
Whereas, the
Commission, at its regular meeting of February 5, 2014, 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
firearms training facility located at 5 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)
The
Commission received an e-mail dated February 3, 2014, from John Laudano of
Quinnipiack Valley Health District, in which he states that this proposal will
not initiate us requiring soil and percolation testing. His maximum allowed use by our approval will
be two instructors and one class of 20 students (classes will occur once per
day with six classes maximum per week).
He also signed off on the back of the application form on February 5,
2014, indicated his approval.
2)
Rod
White, Fire Marshal, signed off on the back of the application form on February 3, 2014, indicating his approval
with the following comment: Will need to
see floor plan in the future and inspect layout.
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 operate a firearms training
facility located at 5 Amity Road (Application #2014-011), 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)
The use is limited to two instructors and one class of
20 students (classes would occur once per day with six classes’ maximum per week).
4)
This approval is pending the receipt of approval from
the South Central Connecticut Regional Water Authority.
5)
Authorize the Zoning Enforcement Officer to approve
signage that will be in compliance with the Zoning Regulations.
Voting for: Brinton, Amadeo,
Calhoun, Sullivan, Shea.
Whereas, William
Fischer, owner of the property, authorized Toby Fischer to apply on his behalf
in a document dated February 5, 2014 for a Site Plan Approval to locate two
30-foot by 75-foot cold frame greenhouses to be located at 327 Litchfield
Turnpike;
Whereas, Toby
Fischer, applicant, applied to the Planning and Zoning Commission for a Site
Plan Approval to locate two 30-foot by 75-foot cold frame greenhouses to be
located at 327 Litchfield
Turnpike;
Whereas, the
Commission at its regular meeting of February 5, 2014, considered the statement
of use, narrative, testimony and all other application information relating to
this Site Plan Approval to locate two 30-foot by 75-foot cold frame
greenhouses;
Whereas, the
Commission finds, and has considered the following:
1)
Alexis Rinaldi, Quinnipiack Valley Health District
representative, approved QVHD Permit #2170, dated February 4, 2014.
2)
Rod White, Fire Marshal, has submitted an email dated
February 5, 2014, indicating his approval.
Now Therefore Be It
Resolved, that pursuant to the Bethany Zoning Regulations, amended to
December 7, 2011, the Bethany Planning and Zoning Commission approves
Application #2014-012 submitted by Toby
Fischer for a Site Plan Approval to locate two 30-foot by 75-foot cold frame
greenhouses to be located at 327 Litchfield Turnpike, as presented in the
application, statement of use and testimony and with the following conditions:
- This
approval is pending the receipt of approval from the South Central
Connecticut Regional Water Authority.
- All
prior conditions from original approval dated October 3, 2012, remain in
full force and effect.
Voting for: Brinton, Amadeo,
Calhoun, Sullivan, Shea.
Member Sullivan made a disclosure that he is an abutting
property owner of the Airport property.
Voting for: Brinton, Amadeo,
Calhoun, Sullivan, Shea.
Further discussion and appropriate action on the application
was deferred until the Commission’s next regular meeting on Wednesday, March 5,
2014. Tabled.
OLD BUSINESS
Voting for: Brinton, Amadeo, Calhoun, Sullivan, Shea.
Voting for: Brinton, Amadeo, Calhoun, Sullivan, Shea.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
