MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, MAY 7,
2014 Page 1
of 11
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
Peter
Olson, Special Counsel
APPROVAL OF MINUTES
Voting
for: Brinton, Amadeo, Calhoun, Sullivan,
Goldner.
·
Page 5 – Last Paragraph – Reads “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.” Change to “Mr. Olson stated the Commission would
like Mr. Sakonchick to submit a traffic study which would include traffic
counts, traveled speed, and
intersection site distance but Mr. Sakonchick stated he feels the record is
sufficient.”
Voting
for: Brinton, Amadeo, Calhoun, Sullivan,
Goldner.
Voting
for: Brinton, Amadeo, Calhoun, Sullivan,
Goldner.
BILLS
1.
It was moved by Sullivan and seconded by Goldner
to approve the payment of $1,000.00 (monthly pro rata basis), for services
rendered for April 2014, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Brinton, Amadeo, Calhoun, Sullivan, Goldner.
Unanimous
approval.
2.
It was moved by Calhoun and seconded by Sullivan
to approve the payment of $105.00 for recording services rendered at the public
hearing held on March 19, 2014, (4 and 21 Meyers Road) by Anne Sohon.
Voting were: Brinton, Amadeo, Calhoun, Sullivan, Goldner.
Unanimous approval.
3.
It was moved by Sullivan and seconded by Calhoun
to approve the payment of $105.00 for recording services rendered at the public
hearing held on April 16, 2014, (4 Peck Road, 755 Amity Road and 112 Old Amity Road) by
Anne Sohon.
Voting were: Brinton, Amadeo, Calhoun, Sullivan, Goldner.
Unanimous approval.
GENERAL CORRESPONDENCE
1.
Email from Bruce Loomis, Chairman of the
Conservation Commission, dated April 3, 2014, Re: 788
Amity Road
2.
Letter from Isabel Kearns, ZEO, to Mr. &
Mrs. Donald Colberg of 257
Fairwood Road 257 Fairwood Road
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE
COMMISSION ACTION
Isabel Kearns, ZEO,
reported on the following.
·
6 Sargent Drive
·
Submitted
report on building permits for the month of April.
PUBLIC HEARING
·
112 Old Amity Road
Exception Permit for dwelling unit in
Business and Industrial Zone –
At 7:16 p.m., Chair
Brinton called to order the public hearing on the subject application.
No one was present to speak on behalf of the application.
Isabel Kearns, ZEO, stated that the applicant did not
receive approval from the Quinnipiack Valley Health District. Also, Ms. Kearns stated that the owner has listed
the property with a realtor.
There being no further discussion at 7:17 p.m., it was moved
by Sullivan and seconded by Goldner to close the public hearing. Unanimous
approval.
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. Also, Ms. Kearns
stated there will be no signage.
Acting Chairman Amadeo reviewed
the application file.
Chair Brinton returned to the
meeting at 7:20 p.m.
Isabel Kearns, ZEO, prepared a
draft resolution. Commission members
discussed and proceeded to deliberate.
Whereas, Robert
Means, applicant, applied to the Planning and Zoning Commission for a Home
Occupation Permit for a teaching/tutorial business and related home office
located at 445 Sperry Road;
Whereas, the Commission at its regular meeting of May 7, 2014,
considered the statement of use, 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 April 30,
2014, indicating her approval.
2)
Rod White, Fire Marshal, signed off on the back
of the application form on May 6, 2014, indicating his approval.
3)
The Planning and Zoning Commission received a
letter dated May 6, 2014 from Ronald Walters, South Central Connecticut
Regional Water Authority representative, in which he states he has no comments.
Now Therefore Be It
Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning
Regulations, amended to December 7, 2011, the Bethany Planning and Zoning
Commission approves the application of Robert Means for a home occupation
permit for a teaching/tutorial business and related home office located at 445
Sperry Road, as outlined in the Statement of Use dated April 23, 2014.
Vote: 5 to 0.
Voting for: Brinton, Amadeo,
Calhoun, Sullivan, Goldner.
Unanimous approval.
OLD BUSINESS
Vote: 5 to 0.
Voting for: Brinton, Amadeo,
Calhoun, Sullivan, Goldner.
Unanimous approval.
Member Amadeo recused himself. Alternate Member Buchta was seated as a
voting member.
Special Counsel Peter Olson suggested the Commission
deliberate on this application and direct Hiram Peck and himself to draft a
resolution for the next meeting on June 4, 2014.
Some items discussed during the Commission’s deliberation
were:
o The
application is not an affordable housing application.
o Traffic
safety.
o Special
Counsel has asked for certain items during the public hearing and the applicant
was not willing to provide.
o No
traffic study submitted.
o Concerned
with safety of driveways and turning radius.
Vote: 5 to 0.
Voting for: Brinton, Calhoun,
Sullivan, Goldner, Buchta.
Unanimous approval.
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, prepared a draft
resolution. Commission member discussed
and proceeded to deliberate. It was
moved by Sullivan and seconded by Goldner to approve the following resolution
for Application #2013-028 and #2013-029:
Re: Requested
Waivers:
1)
Waiver
of Fire Suppression Water Source: Applicant withdrew waiver of
Fire Suppression Water Source. Applicant
is installing a 20,000 gallon Fire Protection Storage Tank.
2)
Waiver
of Open Space: This application also requests a waiver of
the open space requirement as found in Section 11.4 of the Town of Bethany Subdivision Regulations Resubdivision Map Jonia
Court
a. The open space requirement is to be
implemented in accordance with the location suggested by the Bethany
Land Trust.
b. The open space is to be documented in
accordance with the draft open space conservation easement which is attached to
this resolution.
c. The open space conservation easement is to be
shown on a properly drawn, signed and sealed map and associated documents which
are to be properly recorded on the Bethany Land Records with the effective date
of the easement establishment to be the same date as the recording of the
record subdivision map.
d. The easement and date of establishment shall
be clearly noted on the recorded record subdivision map.
Re: 4-Lot Re-subdivision
and Special Exception Earth Removal, Excavation, Filling, Stockpiling and
Grading Permit:
Whereas, Amity Road
Whereas, the Commission held public hearings on December 4, 2013, January 8,
2014, February 5, 2014, and March 5,
2014, for both this 4-Lot Re-Subdivision
(#2013-028) and the associated Special Exception Earth Excavation,
Filling, Stockpiling and Grading Permit (#2013-029);
Whereas, the Commission took all testimony as required by law and closed the
public hearing at the conclusion of the testimony on March 5, 2014;
Whereas, the Commission, also at its regular meeting
of March 5, 2014 considered the maps, testimony, and other pertinent
application information relating to a request for a 4-lot Re-subdivision and a
Special Exception Earth Excavation, Filling, Stockpiling and Grading Permit for
788 Amity Road;
Whereas, The Planning and Zoning Commission received
a letter dated September 19, 2013, from Lynn Fox and Leslie Balch of the
Quinnipiack Valley Health District in which she states that the Quinnipiack
Valley Health District can make recommendation for subdivision approval only
after said plan has been reviewed and approved by the Quinnipiack Valley Health
District. The submission of engineered
subsurface sewage disposal system plans are to be submitted, reviewed and
approved by the Quinnipiack Valley Health District prior to any construction. The
Planning and Zoning Commission also received a letter dated December 9, 2013,
from Lynn Fox and Leslie Balch in which they state that the Quinnipiack Valley
Health District is in receipt of a plan revised to November 12, 2013, locating
a code complying area to replace the existing subsurface sewage disposal
system. Also, an e-mail from Lynn
Whereas, The Planning and Zoning Commission received a copy of Permit #1204 for a 4-lot
resubdivision of 788 Amity Road which was approved by the Inland Wetland
Commission on November 25, 2013; and
Whereas, The Planning and Zoning Commission received
an e-mail dated September 20, 2013, from Cindy Gaudino of the Connecticut Water
Company in which she stated that she has no comments;
Whereas, The
Planning and Zoning Commission received a letter dated January 1, 2014, from
Dave Nafis, Town Engineer, in which he listed several comments of concern. The Commission subsequently received a letter
dated February 4, 2014 in which he stated:
1) the applicant’s engineer has indicated they are working on obtaining
a DOT permit; 2) the applicant’s engineer has indicated they will monitor the
detention pond, during and after construction, and they, along with the town,
will determine if a second barrier is required to improve the water quality
leaving the detention basin; 3) the applicant’s engineer is in agreement that
they will install, after construction of the roadway, any guardrails that are
deemed necessary. The Commission subsequently
received another letter from Mr. Dave Nafis dated February 4, 2014 in which he
states that the plans are substantially complete and noted: 1) The applicant’s engineer has indicated
they are working on obtaining a DOT permit; 2) The applicant’s engineer will
monitor the detention pond during and after construction and they, along with
the Town, will determine if a second barrier is required to improve the water
quality leaving the detention basin.
Now Therefore, the Commission makes the following findings
of fact and decision regarding the application:
Now Therefore Be It Resolved, that pursuant to the Subdivision Regulations of the Town of Bethany,
amended to June 20, 2007, Application #2013-028, from Amity Road, LLC/Anthony
Vallillo for a 4-Lot Subdivision of 788 Amity Road located partially in the Business
and Industrial Zone and partially in the R-65 Zone and pursuant to the Bethany
Zoning Regulations, amended to December 7, 2011, Application #2013-029 for a
Special Exception Earth Excavation, Filling, Stockpiling and Grading Permit, are
hereby approved in accordance with the following plans:
a) “Existing
Conditions Map”, dated April 11, 2013, revised to September 26, 2013, Drawing
No. C-1.
b) “Resubdivision
Map”, dated April 11, 2013, revised to January 30, 2014, Drawing No. C-2, Exhibit 2G.
c) “Site
Development Plan”, dated April 11, 2013, revised to October 29, 2013, Drawing
No. C-3.
d) “Erosion
and Sediment Control Plan”, dated April 11, 2013, revised to September 26,
2013, Drawing No. C-4.
e) “Plan
and Profile”, dated April 11, 2013, revised to September 26, 2013, Drawing No. C-5.
f) “Detention Basin
g) “Typical
Details”, dated April 11, 2013, with no revisions, Drawing No. C-7.
h) “Typical
Details”, dated April 11, 2013, revised to September 26, 2013, Drawing No. C-8.
i)
“Septic System Design”, dated April 11, 2013,
revised to September 26, 2013, Drawing No. C-9.
And with the following modifications:
1) The
open space matter as described above shall be resolved as indicated prior to
the recording of any record subdivision map on this property.
2) A
bond, as allowed per State Statute, will be required for iron pins/monuments
which shall be located as shown on the approved plans prior to the recording of
the record map. An estimate for the cost
of the installation of pins shall be submitted by the applicant’s
engineer. The amount of the bond for the
iron pins/monuments must be approved by Town Engineer and must be in a form acceptable
to Town Counsel.
3) A
note shall be placed on the mylar stating, “Any deviations from the site plans
may result in the need for a new site plan review and approval from the
Planning & Zoning Commission as determined by the Zoning Enforcement Officer”.
4) Private
Road Construction – The access road shall be constructed in complete compliance
with all Town of Bethany Road
5) Per
the letter dated February 4, 2014, from Dave Nafis, Town Engineer, if the Town
determines that a second barrier is required to improve the water quality
leaving the detention basin, one shall be constructed at the sole expense of
the applicant, to the Town’s satisfaction.
6) Per
the letter dated February 4, 2014 from Dave Nafis, Town Engineer, if the Town
deems that guardrails are necessary after the construction of the road, then
they shall be installed to the Town’s satisfaction.
7) Per
the letter dated February 4, 2014, from Rod White, Fire Marshal, the fire
suppression water tank must be approved and tested for use prior to “the
issuance of any certificate of zoning compliance for any structure constructed
on the subdivided lots”.
Vote 5 to 0.
Voting: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous
approval.
Special
Counsel Peter Olson suggested the Commission deliberate and direct Hiram Peck
and himself to draft a resolution for the next regular meeting on June 4, 2014.
Some items discussed during the Commission’s deliberation
were:
o
The Inland Wetlands Commission has not acted on
this application to date.
o
Conservation easement for common area can be
open to future development.
o
Parking.
o
Agricultural easement.
o
Prohibit rental units.
o
Regional Water Authority would be holding
Conservation easement.
o
Qualified administrator to report to the Town of
Bethany
Vote 3 to 2.
Voting for: Brinton, Calhoun, Sullivan.
Opposed:
Amadeo, Goldner.
The
Planning and Zoning Commission will continue to deliberate at the next regular
meeting scheduled for June 4, 2014. The
Commission also scheduled a Special Meeting if more time is needed to act on
the above applications for Wednesday, June 11, 2014.
Vote 5 to 0.
Voting: Brinton, Amadeo, Calhoun, Goldner, Sullivan.
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
