The following Commission Members
were present:
APPROVAL OF MINUTES
Voting
for: Brinton, Calhoun, Sullivan,
Goldner, Buchta.
Voting
for: Brinton, Calhoun, Sullivan,
Goldner, Buchta.
Voting
for: Brinton, Calhoun, Sullivan,
Goldner, Buchta.
Voting
for: Brinton, Calhoun, Goldner, Sullivan,
Buchta.
Voting for: Brinton, Calhoun, Goldner, Sullivan, Buchta.
Voting were: Brinton, Calhoun, Goldner, Sullivan, Buchta.
Unanimous approval.
1.
Submitted by James and Brian Sakonchick, “Affordability
Plan for 4 Peck Road
“Hotchkiss” “Set Aside” Development Under Conn. Gen.
Stat. 8-30g”, dated December 23, 2013, revised to March 23, 2014.
2.
Letter from Nafis & Young Engineering, dated April
1, 2014, Re: Review of proposed site
plans revised to date December 23, 2013, for 4 Peck Road, Application #2014-002.
3.
Letter from James Sakonchick, dated March 28, 2014,
Re: Response to the memo from Attorney
Peter Olson, dated March 5, 2014.
4.
Letter from SCC Regional Water Authority, dated March
5, 2014, Re: Review comments on 755 Amity Road,
Community Center.
5.
Letter from David Ballerini, Post Commander of
Beletsky-Hoppe VFW Post 2448, dated March 25, 2014, Re: Comments on proposed Bethany Airport Hangar
Project.
6.
Letter from Stephen Whitaker of Ames and Whitaker, dated March 28, 2014,
Re: Proposal for New
Community Center,
719 Amity Road.
7.
Letter from Kathleen Barone of 731 Amity Road, dated March 31, 2014,
Re: Comments on proposed Airport
Restoration Project.
8.
Memo from Robert Brinton, Jr., Chairman, Ordinance
Review & Charter Study Committee dated February 28, 2014, Re: Review of
Bethany Town Ordinances.
9.
Letter from Isabel Kearns, ZEO, to Donna Lagaipa owner
of 45 Falls Road, dated March 14, 2014, Re:
Violation case closed for 45 Falls Road, unregistered vehicles.
10. Letter
from Isabel Kearns, ZEO, to Elizabeth Gorman of 169 Schaffer Road, dated March 14, 2014,
Re: Third Notice of Violation for 169 Schaffer Road,
unregistered vehicles.
11. Copy
of letter from Thelma Lumpkin of 73
Sperry Road, to CL&P dated March 29, 2014,
Re: Trim treeing on Sperry Road, a scenic road.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE
COMMISSION ACTION - Tabled.
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 7:19 p.m., Chair
Brinton read the call for the public hearing.
Chair Brinton introduced the Commission Members and Staff.
Chair Brinton read the list of correspondence that has been
received as follows:
- Submitted
by James and Brian Sakonchick, “Affordability Plan for 4 Peck Road “Hotchkiss” “Set Aside”
Development Under Conn.
Gen. Stat. 8-30g”, dated December 23, 2013, revised to March 23, 2014.
- Letter
from Nafis & Young Engineering, dated April 1, 2014, Re: Review of proposed site plans revised to
date December 23, 2013, for 4
Peck Road, Application #2014-002.
- Letter
from James Sakonchick, dated March 28, 2014, Re: Response to the memo from Attorney Peter
Olson, dated March 5, 2014.
- Responses
by applicant, James Sakonchick in capitals added to Nafis and Young
letter, dated April 1, 2014.
- Letter
from Rob White, Fire Marshal, dated April 2, 2014, Re: Comments on review of Application
#2014-002, 4 Peck Road.
- Email
from Dave Nafis, dated April 2, 2014, Re:
Response to questions from letter dated April 1, 2014.
Chair Brinton referenced correspondence received from the
March 5, 2014 public hearing as follows:
- 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.
James Sakonchick, owner of 4 Peck Road and the applicant, introduced
himself and his son, Ryan Sakonchick.
Some of the areas Mr. Sakonchick reviewed are as follows:
o
The existing house has been remodeled by his
son.
o
Reviewed the location of the property to Town
Hall.
o
Sited Pages 26 and 27 from the 2010 Plan of
Conservation and Development (see highlighted chart that was submitted for
hearing record).
o
Reviewed the site plan entitled, “Proposed Site
Plan Map for Hotchkiss Set-Aside Development” dated June 10, 2012, revised to
February 18, 2014, prepared by Kratzert, Jones & Associates, Inc.
o
Reviewed the need for affordable housing.
o
Stated the proposal meets all Quinnipiack Valley
Health District requirements.
o
State the proposal was reviewed by Regional
Water Authority in a letter dated March
5, 2014.
o
Responded to Hiram Peck, Planning Consultant,
comments in letter dated March 2, 2014.
o
Responded to Special Counsel Peter Olson letter
dated March 5, 2014.
o
Reviewed 8-30g Set Aside Development
o
Responded to Nafis and Young Engineering letter
dated April 1, 2014.
During Mr. Sakonchick’s presentation he submitted the
following:
- Letter
dated March 28, 2014, Re: Response
to memo from Peter Olson, dated March 5, 2014.
- Three
pages from Connecticut Department of Transportation, Guidelines for
Highway Design, January 1990, with notes from James Sakonchick.
- Set
of architectural maps prepared by Kratzert, Jones & Assoc. Inc., entitled
as follows:
1.
“Residence, 4 Peck Road, Bethany, CT, Proposed Building
Elevations”, dated July 14, 2012, Drawing A1.1.
2.
“Residence, 4 Peck Road, Bethany, CT, Proposed Building
Elevations”, dated July 14, 2012, Drawing A1.2.
3.
“Residence, 4 Peck Road, Bethany, CT, Proposed
Foundation & Main Floor Framing Plan”, dated July 14, 2012, Drawing A2.1.
4.
“Residence, 4 Peck Road, Bethany, CT, Proposed Main
Floor Plan”, dated July 14, 2012,
Drawing A2.2.
5.
“Residence, 4 Peck Road, Bethany, CT, Proposed Second
Floor Framing Plan”, dated July 14, 2012, Drawing A2.3.
6.
“Residence, 4 Peck Road, Bethany, CT, Proposed Second
Floor Plan”, dated July 14, 2012,
Drawing A2.4.
7.
“Residence, 4 Peck Road, Bethany, CT, Proposed Roof
Plan”, dated July 14, 2012, Drawing A2.5.
8.
“Proposed Addition Location Map”, dated June 10, 2012,
revised to November 9, 2012, Drawing No. H-1.
9.
“Erosion Control Details”, dated June 10, 2012, revised
to August 8, 2012, Drawing No. H-2.
10. “Subsurface
Sewage Disposal System Details for 12” High Standard “Quick4” Chamber installed
side-by-side”, with letter dated November 16, 2012.
Chair Brinton then read in order the names on the sign-up sheets
so that the public can comment. The
following public individuals spoke:
- Donna
Gentile of 11 Peck Road
(submitted 5 page letter that she read)
- Amy
MacNevin of 15 Peck Road
(submitted 1 page letter that she read)
- Jason
MacNevin of 15 Peck Road
- Anthony
Esposito of 79 Meyers Road
Chair Brinton recessed the public hearing for a brief break
at 8:31 p.m. The hearing commenced at
8:38 p.m.
Chair Brinton asked the applicant if he would like to come
back at another date and respond to Nafis and Young email dated April 2, 2014, the
public comments and to submit a traffic study.
Mr. Sakonchick stated he was ready to respond now.
Mr. Sakonchick responded to some of the public comments
regarding:
- The traffic
on Peck Road.
- Proposed
doors in back of proposed building.
- Affordable
housing and how people don’t want it in their back yard.
Mr. Sakonchick discussed the Nafis and Young email that was
submitted today, April 2, 2014. Mr.
Sakonchick stated he responded to the previous memo dated April 1, 2014, and stated
that the email submitted today is totally different and feels he is getting
unfair treatment and that Nafis and Young was told to rewrite their
letter.
Peter Olson, Special Counsel, asked Mr. Sakonchick some
questions concerning the following:
- Are
you a professional traffic engineer?
- Did
you perform traffic counts on Peck and Amity Road?
- Did
you prepare any data to backup your responses to the traffic?
Mr. Sakonchick responded with comments only and did not have
any data to submit for the public hearing record except for the three pages
from Connecticut Department of Transportation, Guidelines for Highway Design,
January 1990, with notes from James Sakonchick.
Mr. Olson stated the Commission would like Mr. Sakonchick to
submit a traffic study which would include traffic counts, travelled speed, and
intersection site distance but Mr. Sakonchick stated he feels the record is
sufficient.
Mr. Olson stated to Mr. Sakonchick that Nafis and Young has
asked for more information and will he be submitting revised plans to comply
with their request. Mr. Sakonchick
stated that the Commission has received revised plans to comply with the
driveway changes.
Commission members addressed the applicant with questions
relating to some of the following areas:
- Proposed
affordable housing application with existing dwelling on property.
- Driveway
and compact cars.
- Requesting
unbiased traffic study from applicant.
Hiram Peck, Planning Consultant, stated he submitted a
letter dated March 2, 2014 to Mr. Sakonchick with concerns about the affordability
aspect and a number of his concerns have not been answered. Mr. Peck also mentioned that Nafis and Young
had more questions that are important regarding the site line issues, which can
be dangerous and a difficult location.
Attorney Olson made additional comments as follows:
- This
is not an affordable housing application.
- Applicant
submitted a text amendment but also needs a map amendment.
- The
administrator of the affordability plan needs to be qualified and
applicant has not provided the information.
- Have
requested the applicant provide revised plans and some documentation on
traffic and the applicant is refusing to provide.
- Have
asked applicant to provide extension but Mr. Sakonchick is not willing.
- Once
hearing is closed applicant cannot provide any information.
At 9:33 p.m., there being no further comments, it was moved
by Goldner and seconded by Sullivan to close the public hearing on the subject
application. Unanimous approval.
·
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 9:35 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 SCC Regional Water Authority, dated March 5, 2014, Re: Review comments on 755 Amity Road,
Community Center.
- Letter
from David Ballerini, Post Commander of Beletsky-Hoppe VFW Post 2448,
dated March 25, 2014, Re: Comments
on proposed Bethany Airport Hangar Project.
- Letter
from Stephen Whitaker of Ames and Whitaker, dated March 28, 2014, Re: Proposal for New Community Center, 719
Amity Road.
- Letter
from Kathleen Barone of 731 Amity Road, dated March 31, 2014, Re: Comments on proposed Airport Restoration
Project.
- Letter
from Bethany Athletic Association President JR Rivellini, submitted April
2, 2014, Re: Proposal for Bethany
Airport Hangar Restoration Project.
- Letter
from Hiram Peck, Planning Consultant, dated March 21, 2014, revised to
April 2, 2014, Re: Review comments
on site plan for property located at 755 Amity Road.
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:
- The
project will be three phases:
- Demolish
of airport hangar.
- Construction
of open air structure.
- Completion
with well and septic.
- This application
is for Phase 2 only.
- In
2008, a Section 8-24 Review was approved by the Planning and Zoning
Commission for the proposed community center.
Chair Brinton mentioned the following concerns:
- Is
there a traffic study?
- Why
is the parking in the front and not in the back of the proposed building. When the Commission discussed a Village
District on that property it was mentioned to have the parking in back.
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
- John
Paul Garcia of 190 Fairwood Road
- Art
Slicer of 70 Lacey Road
- Vincent
CoFrancesco of 15 Dayton Road
- Anthony
Esposito of 79 Meyers Road
- Janet
Brunwin of 333 Downs Road
At 10:45 p.m., it was moved by Goldner and seconded by
Sullivan to close the public hearing on the subject application. 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 10:46 p.m., Chair Brinton called to order the public on
the subject application.
The applicant, Warren Allen, submitted an email, dated April
2, 2014, requesting an extension of 30 days to continue the public
hearing. It was moved by Calhoun and
seconded by Goldner to continue the public hearing to the next regular meeting
scheduled for Wednesday, May 7, 2014, at 7:15 p.m. in the Commission Meeting
Room. Unanimous approval.
At 10:48 p.m., Chair Brinton recessed the hearing.
The Commission formally received
the application. No one was present to
speak on behalf of this application.
Isabel Kearns, ZEO, stated that
the applicant has received signoffs from the Quinnipiack Valley Health District
and the Fire Marshal
Chair Brinton reviewed the
application file. Isabel Kearns, ZEO,
prepared a draft resolution. Commission
members discussed and proceeded to deliberate.
Whereas, John
Cowell applied on April 2, 2014, to the Bethany Planning and Zoning Commission
for a Change of Use Permit to operate a plumbing business located at 123 Amity
Road;
Whereas, Earl Sickinger,
owner of 117-127 Amity Road, authorized John Cowell to apply to the Commission
for the Change of Use Permit to operate a plumbing business located at 123 Amity Road in an e-mail dated March
12, 2014;
Whereas, the
Commission, at its regular meeting of April 2, 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 plumbing
business located at 123 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)
Lynn Fox, Quinnipiack Valley Health District Representative,
signed off on the back of the application form on March 6, 2014 indicating her
approval.
2)
At a regular Planning and Zoning Commission Meeting on
September 7, 1988, the Commission approved an application for a business center
permit, which is required when three or more businesses are located on the same
property.
3)
Rod White, Fire Marshal, signed off on the back on the
application form on March 18, 2014,
indicating his approval.
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 plumbing business at
123 Amity Road (Application #2014-014), as presented in the application,
statement of use, 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)
There shall be no outside storage associated with the
business.
Vote: 5 to 0.
Voting for: Brinton, Calhoun,
Sullivan, Goldner, Buchta.
The Commission formally received
the application. No one was present to
speak on behalf of this application.
Isabel Kearns, ZEO, stated the
applicant has received all the required signoffs.
Chair Brinton reviewed the
application file. Isabel Kearns, ZEO,
prepared a draft resolution. Commission
members discussed and proceeded to deliberate.
Whereas, Robert
White, Jr. applied to the Planning and Zoning Commission on April 2, 2014, for
a Professional Architectural Office Permit located at 579 Bethmour Road as well
as a 2-foot by 2-foot sign that will be attached to the outbuilding near road;
Whereas, the
Commission at its regular meeting of April 2, 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 March 12, 2014 indicating her approval.
- Rod White, Fire Marshal, signed off on
the back of the application form on March 18, 2014, indicating his
approval.
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 the application of Robert White, Jr. to operate a
Professional Architectural Office in his
home located at 579 Bethmour Road, as
outlined in the Statement of Use dated March 12, 2014, as well as a 2-foot by 2-foot sign that will
be attached to the outbuilding near road.
Vote: 5 to 0.
Voting for: Brinton, Calhoun,
Sullivan, Goldner, Buchta.
The Commission formally received
the application. No one was present to
speak on behalf of this application.
Applicant did not pay
application fees. The Commission did not
act on application.
Tabled.
The Commission formally received
the application. No one was present to
speak on behalf of this application.
Isabel Kearns, ZEO, stated the
applicant has received all the required signoffs.
Chair Brinton reviewed the
application file. Isabel Kearns, ZEO,
prepared a draft resolution. Commission
members discussed and proceeded to deliberate.
Whereas, Jason
Abrams applied on April 2, 2014, to the Bethany Planning and Zoning Commission
for a Change of Use Permit to operate an army surplus store located at 696
Amity Road, Unit 4A;
Whereas, the
owner of the property, Theresa Laudadio, (in a letter dated March 31, 2014)
authorized Jason Abrams to apply for the necessary land-use permits to operate
an army surplus store located at 696 Amity Road, Unit 4A;
Whereas, the
Commission, at its regular meeting of April 2, 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 an army and navy
store located at 696 Amity Road,
Unit 4A;
Whereas, the
Commission finds the subject application in essential compliance with the
applicable regulations;
Now Therefore the
Commission makes the following findings of fact:
- John
Laudano of the Quinnipiack Valley Health District, signed off on the back
of the application form on April 2, 2014;
- Rod
White, Fire Marshal, signed off on the back of the application form on
March 31, 2014, indicating his approval.
- Ron
Walters of the South Central Connecticut Regional Water Authority submitted
a letter dated March 31, 2014, stating that he has no comment.
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 an army surplus store located at
696 Amity Road, Unit 4A (Application #2014-017),
as presented in the application, statement of use and testimony with the
following condition:
- 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, Calhoun,
Sullivan, Goldner, Buchta.
The Commission formally received
the application. No one was present to
speak on behalf of this application.
Isabel Kearns, ZEO, stated the
applicant has received all the required signoffs.
Chair Brinton reviewed the
application file. Isabel Kearns, ZEO,
prepared a draft resolution. Commission
members discussed and proceeded to deliberate.
Whereas, Jerris
Moye applied on April 2, 2014, to the Bethany Planning and Zoning Commission
for a Change of Use Permit to operate photography studio located at 696 Amity
Road, Unit 9B;
Whereas, the
owner of the property, Joseph Frouge, (in a letter dated April 2, 2014)
authorized Jerris Moye to apply for the necessary land-use permits to operate a
photography studio located at 696 Amity Road, Unit 9B;
Whereas, the
Commission, at its regular meeting of April 2, 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 photography
studio located at 696 Amity Road, Unit 9B;
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 April 2, 2014, indicating his approval.
2. Rod
White, Fire Marshal, signed off on the back of the application form on April 2, 2014, indicating his approval.
3. The
Commission received a letter dated April 2, 2014 from Ron Walters of the South
Central Connecticut Regional Water Authority stating that he has no comment.
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 photography studio located at
696 Amity Road, Unit 9B (Application #2014-018), as presented in the
application, statement of use, testimony 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, Calhoun,
Sullivan, Goldner, Buchta.
OLD BUSINESS
For the Planning and Zoning Commission
