Monday, April 14, 2014


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, APRIL 2, 2014                                                  Page 1 of 14
 
 
The regular meeting of the Planning and Zoning Commission was called to order at 7:07 p.m. in the Gymnasium of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

The following Commission Members were present:

            Kimberly McClure Brinton, Chairman

            Michael Calhoun, Member

            Douglas Goldner, Member

            Michael Sullivan, Member

            Donna Shea, Alternate Member

            Bradford Buchta, Alternate Member, who was seated as a Voting Member.

 

The following Commission Members were absent:

            Salvatore Amadeo, Vice-Chairman

            James Gugliotti, Alternate Member

 

Also present were:

            Hiram Peck, Planning Consultant

            Isabel Kearns, Zoning Enforcement Officer

            Peter Olson, Special Counsel

 

 

APPROVAL OF MINUTES

 

1.      It was moved by Sullivan and seconded by Calhoun to approve, as submitted, the minutes of the February 26, 2014, Special Meeting/Public Hearing.

      Voting for:  Brinton, Calhoun, Sullivan, Goldner, Buchta.

      Unanimous approval.

 

2.      It was moved by Calhoun and seconded by Goldner to approve, as submitted, the minutes of the March 5, 2014, Regular Meeting.

      Voting for:  Brinton, Calhoun, Sullivan, Goldner, Buchta.

      Unanimous approval.

 

3.      It was moved by Buchta and seconded by Sullivan to approve, as submitted, the minutes of the March 15, 2014, Special Meeting/Site Visit/Public Hearing Continuation.

      Voting for:  Brinton, Calhoun, Sullivan, Goldner, Buchta.

      Unanimous approval.

 

 

BILLS

 

1.      It was moved by Calhoun and seconded by Buchta to approve the payment of $90.00 for membership dues through March 31, 2015, to the Connecticut Federation of Planning and Zoning Agencies.

      Voting for:  Brinton, Calhoun, Goldner, Sullivan, Buchta.

      Unanimous approval.

 

2.      It was moved by Goldner and seconded by Calhoun to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for March 2014, by Hiram W. Peck III, AICP, Planning Consultant.

      Voting for:  Brinton, Calhoun, Goldner, Sullivan, Buchta.

Unanimous approval.

 

3.      It was moved by Sullivan and seconded by Buchta to approve the payment of $105.00 for recording services rendered at the public hearing held on April 2, 2014, (4 Peck Road,       755 Amity Road, 112 Old Amity Road) by John McLeod.

      Voting were:  Brinton, Calhoun, Goldner, Sullivan, Buchta.

      Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

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:

  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. Responses by applicant, James Sakonchick in capitals added to Nafis and Young letter, dated April 1, 2014.
  5. Letter from Rob White, Fire Marshal, dated April 2, 2014, Re:  Comments on review of Application #2014-002, 4 Peck Road.
  6. 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:

  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.

 

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:

  1. Letter from SCC Regional Water Authority, dated March 5, 2014, Re:  Review comments on 755 Amity Road, Community Center.
  2. Letter from David Ballerini, Post Commander of Beletsky-Hoppe VFW Post 2448, dated March 25, 2014, Re:  Comments on proposed Bethany Airport Hangar Project.
  3. Letter from Stephen Whitaker of Ames and Whitaker, dated March 28, 2014, Re:  Proposal for New Community Center, 719 Amity Road.
  4. Letter from Kathleen Barone of 731 Amity Road, dated March 31, 2014, Re:  Comments on proposed Airport Restoration Project.
  5. Letter from Bethany Athletic Association President JR Rivellini, submitted April 2, 2014, Re:  Proposal for Bethany Airport Hangar Restoration Project.
  6. 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:
    1. Demolish of airport hangar.
    2. Construction of open air structure.
    3. 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.

 

 NEW BUSINESS

 

1.      123 Amity Road (upper unit), Application #2014-014 submitted by John Cowell for a Change of Use to plumbing shop storage/office

 

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.

 

It was moved by Calhoun and seconded by Sullivan to approve the following resolution for Application #2014-014:

 

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.

Unanimous approval.

 

2.      579 Bethmour Road, Application #2014-015 submitted by Robert White Jr. for a Home Occupation to operate architectural office and sign  -

 

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.

 

It was moved by Sullivan and seconded by Calhoun to approve the following resolution for Application #2014-015:

 

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:

  1. Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on March 12, 2014 indicating her approval.
  2.  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.

Unanimous approval.

 

3.      241 Fairwood Road, Apt. B, Application #2014-016 submitted by Sean Johnson for a Home Occupation to operate a home office for a landscaping business

 

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.

 

 

4.      696 Amity Road, Unit 4A, Application #2014-017 submitted by Jason Abrams for a Change of Use Permit to operate an army surplus store

 

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.

 

It was moved by Sullivan and seconded by Calhoun to approve the following resolution for Application #2014-017:

 

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:

  1. John Laudano of the Quinnipiack Valley Health District, signed off on the back of the application form on April 2, 2014;
  2. Rod White, Fire Marshal, signed off on the back of the application form on March 31, 2014, indicating his approval.
  3. 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:

  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.

Unanimous approval.

 

 

It was moved by Sullivan and seconded by Calhoun to add Application #2014-018 to the agenda for this evening’s meeting.

 

5.      696 Amity Road, Unit 9B, submitted by Jerris Moye for a Change of Use Permit to operate a photography studio

 

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.

 

It was moved by Sullivan and seconded by Calhoun to approve the following resolution for Application #2014-018:

 

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.

Unanimous approval.

 

 

OLD BUSINESS

 

1.      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 – Public hearing closed April 2, 2014.

 

 

 

 

 

 

2.      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)

 

Commission members briefly discussed and proceeded to deliberate.

 

It was moved by Calhoun and seconded by Buchta to approve Application #2014-013 submitted by Ames & Whitaker Architects for a Special Exception for a Site Plan Approval to construct a community center for Phase 2 only as presented in the application, testimony and set of five plans submitted by Ames & Whitaker of Southington Connecticut, entitled, “Bethany Airport Community Center – Phase 2”, submitted March 28, 2014.

Vote: 4 to 1.

Voting for:  Calhoun, Sullivan, Goldner, Buchta.

Opposed:  Brinton.

Approved.

 

 

3.      788 Amity Road, Application #2013-028 submitted by Amity Road LLC for a 4-Lot Resubdivision and waiver request for open space and waiver request for the provision of a water source for fire protection in the resubdivision

Hiram Peck, Planning Consultant, stated that he spoke with applicant’s engineer and they are working on issues of open space with the Conservation Commission.

 

Also, Member Sullivan requested a condition be made that the water tank be installed prior to vertical construction.

Tabled.

 

4.      788 Amity Road, Application #2013-029 submitted by Amity Road LLC for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit

Hiram Peck, Planning Consultant, stated that he spoke with applicant’s engineer and they are working on issues of open space with the Conservation Commission.

 

Also, Member Sullivan requested a condition be made that the water tank be installed prior to vertical construction.

Tabled.

 

 

 

 

 

 

 

 

 

 

 

 

5.      112 Old Amity Road, Application #2014-004 submitted by Warren Allen for a Special Exception Permit for dwelling unit in B&I Zone – Public hearing continued to May 7, 2014.

 

 

There being no further business to come before the Commission, it was moved by Calhoun and seconded by Sullivan to adjourn the regular meeting at 11:05 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning Commission