MINUTES OF THE BETHANY
The following Commission Members
were present:
Kimberly
McClure Brinton, Chairman
Salvatore
Amadeo, Vice-Chairman
Michael
Calhoun, Member
Douglas
Goldner, Member
Michael
Sullivan, Member
Donna
Shea, Alternate Member
Bradford
Buchta, Alternate Member
James
Gugliotti, Alternate Member
Also present was:
Hiram
Peck, Planning Consultant
Isabel
Kearns, Zoning Enforcement Officer
Kevin
McSherry, Town Attorney
Peter
Olson, Special Counsel
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 Goldner to approve the payment of
$1,000.00 (monthly pro rata basis), for services rendered for February 2014, by
Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous
approval.
2. It
was moved by Sullivan and seconded by Calhoun to approve the payment of $105.00
for recording services rendered at the public hearings held on February 5,
2014, (788 Amity Road, 112 Old Amity Road and 91 Bethway Road) by Anne Sohon.
Voting were: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous approval.
3. It
was moved by Goldner and seconded by Calhoun to approve the payment of $105.00
for recording services rendered at the public hearing held on February 12,
2014, (4 and 21 Meyers Road) by Anne Sohon.
Voting were: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous approval.
4. It
was moved by Goldner and seconded by Calhoun to approve the payment of $105.00
for recording services rendered at the public hearing held on February 26,
2014, (4 and 21 Meyers Road)
by Anne Sohon.
Voting
for: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous
approval.
Voting
for: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous
approval.
GENERAL CORRESPONDENCE
1.
Email from Eugene Livshits of South Central Regional
Planning Commission, dated February 21, 2014, Re: Proposed Zoning Regulation Amendment for Set-aside
Development not within 500’ of an adjacent municipality in the South Central
Region, no formal view is required by the Regional Planning Commission.
2. Letter
from Valley Council of Governments Regional Planning Commission, dated February 26, 2014, Re: Review comments on proposed amendment to
Bethany Zoning Regulation for Set-aside Development.
3. Letter
from Quinnipiack Valley Health District, dated February 26, 2014, Re: Comments on review of plans dated February
18, 2014, new construction of a multi-family dwelling three units to contain a
total of eight bedrooms, 6, 8, and 10
Peck Road
4. Letter
from Quinnipiack Valley Health District, dated March 4, 2014, Re: Comments on review of plans for Application
#2014-002, 4 Peck Road, Construction of a 3 Unit Multi Family Dwelling Unit.
5. Letter
from Rod White, Fire Marshal, dated March 5, 2014, Re: Comments on Application #2014-002, 4 Peck
Road.
6. Letter
from South Central Connecticut Regional Water Authority, dated March 5, 2014,
Re: Comments on review of 4 Peck Road,
three unit multi-family resident, amendment to Zoning Regulations Section 4.3K
and approval of set-aside development.
7.
Letter from Quinnipiack Valley Health District, dated
March 3, 2014, Re: Comments on review of plans dated January 30, 2014,
Application #2014-013, 755 Amity Road, proposed community center.
8.
Letter from Stephen Whitaker of Ames & Whitaker,
dated March 5, 2014, Re: Statement of
Use for proposal for new community center, 719 Amity Road
9. Memo
from Hiram Peck, Planning Consultant dated March 4, 2014, Re: Review comments on Site Plan Review for
Property at 755 Amity Road
10. Letter
from Aileen Magda, Selectman, Town of Bethany 755 Amity Road
11. Letter
from Quinnipiack Valley Health District, dated March 3, 2014, Re: Comments on review of dwelling unit in
B&I Zone, 112 Old Amity Road
12. Copy
of Inland Wetlands Permit #1213 for 91
Bethway Road
13. Letter from
Connecticut Federation of Planning & Zoning Agencies, submitted on February 7, 2014, Re: CFPZA Annual Conference, March 13, 2014.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE
COMMISSION ACTION
Isabel Kearns, ZEO,
reported on the following.
·
10
Round Hill Road – Owners will
be submitting a site plan.
·
Will
email report on building permits for the month of February.
PUBLIC HEARING
·
Application
#2014-002 submitted by James Sakonchick to 1. Amend the Bethany Zoning
Regulations to add Section 4.3.K – Set-aside Development and 2. Obtain approval
of “Set-aside Development” for new construction of 3-Unit Multi-Family Dwelling
in accordance with CGS Section 8-30g for property located at 4 Peck Road –
At 7:15 p.m., Chair Brinton read the call for the public
hearing.
Each member of the Planning and Zoning Commission introduced
themselves.
Peter Olson, Special Counsel, introduced himself. Mr. Olson stated that Mr. Peck submitted a
letter dated March 2, 2014, with his review of the application and that he (Mr.
Olson) also submitted a letter dated March 5, 2014, with his review of the
legal aspects of the application. Mr.
Olson briefly reviewed his letter and noted that this application is not an
affordable housing application. Also,
Mr. Olson stated that the applicant has not submitted a zone map amendment and
if the applicant wants a zone text amendment, he needs to submit a zone map
amendment. Mr. Olson recommended that
the Commission continue the public hearing to the next regular meeting on April
2, 3014, and that they do not take any testimony from applicant or public this
evening.
Also, Mr. Olson stated the Commission has not received a
report from the Town Engineer at this time.
James Sakonchick, owner of 4 Peck Road
Mr. Sakonchick will contact Mr. Olson for clarification of
Mr. Olson’s letter dated March 5, 2014.
It was the consensus of the Commission to continue the
public hearing to the next regular meeting of Wednesday, April 2, 2014. Correspondence will be referenced at the next
hearing.
At 7:31 p.m., Chair Brinton recessed the public hearing to
the next regular meeting on Wednesday, April 2, 2014. Hearings will start at 7:15 p.m.
·
Application
#2014-013 submitted by Ames & Whitaker Architects for a Special Exception
for a Site Plan Approval to construct a community center for property located
at 755 Amity Road (Airport Hangar) -
At 7:32 p.m., Chair Brinton read the call for the public
hearing.
Chair Brinton read the list of correspondence that has been
received as follows:
·
Letter from Quinnipiack Valley Health District,
dated March 3, 2014, Re: Comments on review of plans dated January 30, 2014,
Application #2014-013, 755 Amity Road, proposed community center.
·
Letter from Stephen Whitaker of Ames &
Whitaker, dated March 5, 2014, Re:
Statement of Use for proposal for new community center, 719 Amity Road.
·
Memo from Hiram Peck, Planning Consultant dated
March 4, 2014, Re: Review comments on
Site Plan Review for Property at 755 Amity Road, with lighter print comments from Stephen Whitaker of Ames
& Whitaker.
·
Letter from Aileen Magda, Selectman, Town of
Bethany, dated March 4, 2014, Re: Site
exception to allow construction of a recreation center at the site of the
former airport hangar – 755 Amity Road with attachments.
·
Labeled Exhibit 1A - Email from Lynn Fox
representative from the Quinnipiack Valley Health District, dated March 5,
2014, Re: Application #2014-013 proposed
Community Center, Phase 2 of the project entails increasing the footprint of
the existing building, QVHD can recommend approval.
Chair Brinton then reviewed the application file.
Present to speak on behalf of this application was Stephen
Whitaker of Ames & Whitaker Architects, representing the Town of
Bethany. Mr. Whitaker briefly reviewed
the proposed project and some items noted were:
- Community
center will be emergency shelter also.
- Will
be run under Park and Recreation Department.
- Eliminating
one existing driveway.
- Immediate
intent is to use the existing well that serves Town Garage.
- Testing
for septic system has not been completed due to snow.
Chair Brinton then read in order the names on the sign-up
sheets so that the public can comment.
The following public individuals spoke:
·
Stewart Morganstern of 17 Old Fairwood
·
Ruth Beardsley 820 of Litchfield Turnpike
·
Fran Doba of 980 Amity Road
·
Bob Brinton of 68 Knollwood Road
·
Art Slicer of 20 Lacey Road
·
Russ VonBeren of 134 Wooding Hill Road
·
Sharon Huxley of 340 Old Mill Road
·
Bruce Hescock of 160 Humiston Drive
·
Anthony Esposito of 79 Meyers Road
·
Patricia Stewart of 79 Meyers Road
·
Don Shea of 48 Deerfield Lane
Some Commission members noted the following:
- New
building will be 28 feet longer than existing structure.
- Applicant
is the agent (Stephen Whitaker) authorized by First Selectman Gorski.
- Commission
does not have all the plans that applicant exhibited.
- Concern
about water availability.
Chair Brinton read letter that was written by Town Attorney
Kevin McSherry addressed to Hiram Peck submitted February 14, 2014.
Kevin McSherry, Town Attorney, mentioned that if the
Commission has not seen the plans submitted this evening by the applicant, that
the Commission will need time to review the plans and that the hearing should
be continued so that questions can be answered.
Isabel Kearns mentioned the email received from Lynn Fox of
the Quinnipiack Valley Health District, dated March 5, 2014, in which she
states QVHD can recommend approval. Mr.
Peck recommended that QVHD supply clarification as to what exactly they are
approving.
Chair Brinton read the letter submitted by Quinnipiack
Valley Health District, dated March 3, 2014.
The architect, Stephen Whitaker, is to provide a complete
set of plans to all of the Commission members.
At 8:53 p.m., Chair Brinton recessed the public hearing and
continued it to the next regular meeting on Wednesday, April 2, 2014. Hearings will start at 7:15 p.m.
Chair Brinton recessed the meeting for a brief break at 8:54
p.m. The meeting commenced at 9:01 p.m.
·
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 9:02 p.m., Chair Brinton called to order the public
hearing continuation on the subject application. Chair Brinton read the notice of the hearing
continuation.
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, who was also present.
Mr. Garcia noted for the hearing record:
·
Proposing a 20-foot wide easement over both
parcels but the easement would not be in effect until the use of the commercial
kennel property is dissolved.
·
Submitted a plan entitled, “Proposed Trail
Easements, Jonia Court”, dated March 5, 2014, with no revisions prepared by
John Paul Garcia and Associates.
·
Conservation Commission would like to walk the
site to check terrain and soil type.
·
Proposing an easement not open space.
There was some confusion with the applicant and the Chairman
of the Conservation Commission as to what was being proposed and what was
agreed on. Mr. Garcia and Mr. Loomis had
a discussion and Mr. Loomis stated the trail easement is more important and was
agreed upon.
Bruce Loomis of the Conservation Commission stated the Land
Trust is interested in walking the site and taking the easement in their name.
Anthony Vallillo owner and applicant stated that he is
concerned with the liability of people walking on the property on the walking trail but agreed and the continuances
of the hearing is costing him money and time.
Sharon Huxley of 340 Old Mill Road., mentioned making the
trail a multi-use trail not just a walking trail.
At 9:42 p.m., it was moved by Calhoun and seconded by
Sullivan to close the public hearing. Unanimous approval.
·
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 9:15 p.m., Chair Brinton called to order the public on
the subject application.
Chair Brinton read the list of correspondence that has been
received as follows:
·
Letter from Quinnipiack Valley Health District,
dated March 3, 2014, Re: Comments on
review of dwelling unit in B&I Zone, 112 Old Amity Road.
Isabel Kearns, ZEO, stated the
septic system testing has not been completed due to snow covering on ground so
the applicant does not have approval from QVHD.
Mr. Warren Allen, applicant,
submitted an email, dated March 5, 2014, granting an extension for 35-days to
continue the public hearing. It was
moved by Sullivan and seconded by Calhoun to except the extension of 35-days
submitted by Warren Allen to continue the public hearing on Application
#2014-004.
Chair
Brinton recused herself. Donna Shea was
seated as a voting member.
At 9:19 p.m., Acting-Chair Amadeo called to order the public
continuation on the subject application.
Acting-Chair Amadeo read the list of correspondence that has
been received as follows:
·
Copy of Inland Wetlands Permit #1213 for 91
Bethway Road for a modification to the original IW Permit for the addition of a
multi-purpose room to the indoor riding arena for storage and viewing area.
Acting-Chair Amadeo asked if there was anyone from the
public who would like to comment. There
were no comments.
At 9:22 p.m., Acting-Chair Amadeo closed the public hearing
on the subject application for 91 Bethway Road.
OLD BUSINESS
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to
deliberate. It was moved by Calhoun and
seconded by Sullivan to approve the following resolution for Application
#2014-005:
Whereas,
Elizabeth Doering, owner of 91 Bethway Road, applied for a modification of Special
Exception Permit #2013-018 to add a 14-foot by 30-foot multi-purpose room to
the indoor riding arena for storage and viewing area located at 91 Bethway Road
on January 8, 2014;
Whereas, the
Commission, at its regular meeting also held on January 8, 2014, considered the
maps, testimony and other pertinent application information relating to a
request for a modification of Special Exception Permit 2013-018 for a 14-foot
by 30-foot multi-purpose room located at 91 Bethway Road;
Now Therefore,
the Commission makes the following findings of fact and decision regarding the
application:
1)
John Laudano, Quinnipiack Valley Health District Representative,
signed off on QVHD Permit #2164 on January 15, 2014, for a 14-foot by 30-foot
addition.
2)
The Inland Wetlands Commission issued Permit #1213 on February
24, 2014, for a 14-foot by 30-foot multi-purpose room to the indoor riding
arena for storage and viewing located at 91 Bethway Road.
3)
The Planning and Zoning Commission received
correspondence from Ron Walters of the South Central Connecticut Regional Water
Authority dated January 7, 2014, stating that he has no comment.
4)
Rod White, Fire Marshal, signed off on the back of the
application form on January 7, 2014, 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 #2014-005 submitted by
Elizabeth Doering, the Commission hereby approves the modification to the
Special Exception Permit to add a 14-foot by 30-foot multi-purpose room to the
indoor riding arena for storage and viewing located at 91 Bethway Road, as
shown on the following plans prepared by Megson & Heagle Engineers &
Land Surveyors located in Glastonbury, Connecticut:
·
“Boundary & Overall Plan”, dated October 16,
2012, revised to December 19, 2013, Sheet 1 of 3.
·
“Site Plan”, dated October 16, 2012, revised to
December 19, 2013, Sheet 2 of 3.
·
“Erosion & Sediment Control Notes &
Details”, dated July 19, 2013, revised to December 19, 2013, Sheet 3 of 3.
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 CT. There shall be no stockpiling of
manure.
Voting for: Amadeo, Calhoun,
Goldner, Shea, Sullivan.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
