Tuesday, November 25, 2014


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, NOVEMBER 5, 2014                                           Page 1 of 8

 

The regular meeting of the Planning and Zoning Commission was called to order at 7:05 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

The following Commission Members were present:

            Michael Sullivan, Vice Chairman, Acting as Chair

            Michael Calhoun, Member

            Donna Shea, Member

            Bradford Buchta, Alternate Member, seated as a regular member.

 

The following Commission Members were excused:

            Kimberly McClure Brinton, Chairman

            Douglas Goldner, Member

            James Gugliotti, Alternate Member

 

Also present was:

            Isabel Kearns, Zoning Enforcement Officer

 

 

APPROVAL OF MINUTES

            

1.      It was moved by Calhoun and seconded by Shea to approve the minutes of the October 1, 2014, Regular Meeting with the following amendments:

·         Page 2, Last Sentence – Reads “Ms. Kearns submitted at letter” Change to “Ms. Kearns submitted a letter”.

·         Page 3, Item #3, Fourth paragraph – Reads “Donald Parrott and Lisa Miles, owners or record,” Change to “Donald Parrott and Lisa Miles, owners of record,”

Voting for:  Sullivan, Calhoun, Shea, Buchta.

Unanimous approval.

 

 

BILLS

 

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

Voting for:  Sullivan, Calhoun, Shea, Buchta.

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Email from Attorney Paul Jessell, dated November 3, 2014, Re:  Withdrawal of subdivision application for Clifford Drive Estates, 46 Mesa Drive, Application #2014-030.

2.      Memo from Isabel Kearns, ZEO, dated October 29, 2014, Re:  Review of plans for Application #2014-030 for five-lot subdivision, Woodward property.

 

3.      Letter from Inland Wetlands Commission, dated November 4, 2014, Re:  742 Amity Road, Site Plan Modification/Outdoor Dining, no IWC action required.

4.      Letter from Quinnipiack Valley Health District, dated November 3, 2014, Re:  Comments on review of Application #2014-032 for 696 Amity Road, Unit A-4, proposed eyebrow threading.

5.      Letter from South Central Connecticut Regional Water Authority, dated October 27, 2014, Re:  Comment on review of application for 696 Amity Road, change of use to salon.

6.      Letter from South Central Connecticut Regional Water Authority, dated November 3, 2014, Re:  Comment on review of application for 696 Amity Road, Unit 2B - change of use to Healthy Vessels Ministries.

7.      Letter from Isabel Kearns, ZEO to Marc D’Andrea owner of 860 Carrington Road, dated October 7, 2014, Re:  Providing map showing outside storage to Planning and Zoning Commission.

8.      Email from Charon Hardy Squitiero owner of 41 Village Lane, dated October 21, 2014,     Re:  Signage at 41 Village Lane

9.      Email from Nancy Scanlon of 242 Bear Hill Road, dated October 16, 2014, Re:  Bethany Community Garden.

10.  Email from Toby Fischer of 327 Litchfield Turnpike, dated October 28, 2014, Re:  CSA share pickup at farm and comments from State of Connecticut Department of Transportation in email dated October 21, 2014.

11.  Letter from South Central Connecticut Regional Planning Commission, dated October 14, 2014, Re:  Town of Prospect:  Proposed Zoning Regulation Amendments pertaining to Medical Marijuana Dispensary and Production Facilities.

12.  Email from SCRCOG, dated November 5, 2014, Re:  Referral from the Town of Hamden pertaining to proposed amendment of the Zoning Regulations-Requirement of Institutional Master Plan for Colleges and Universities.

 

 

PUBLICATIONS AND WORKSHOPS

 

1.      Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, dated        Fall 2014.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

 

Isabel Kearns, ZEO, reported on the following:

  • Submitted report on building permits for October, 2014.
  • 41 Village Lane – The Commission received a copy of the email from Charon Hardy Squitiero owner of 41 Village Lane, dated October 21, 2014, Re:  Signage at 41 Village Lane.  The ZEO stated the Commission needs to discuss the use of directional signage.  This item will be added to the agenda for the regular meeting on December 3, 2014.  The ZEO will investigate as to what other towns have in their zoning regulations for directional signage.

 

NEW BUSINESS

 

1.      742 Amity Road, Application #2014-031 submitted by Grant Barone for a Site Plan Modification and additional outdoor dining on a limited basis

 

The Commission formally received the application.  No one was present to speak on behalf of this application. 

 

The ZEO stated that Quinnipiack Valley Health District has not approved the application to date.

 

Further discussion was deferred until the Commission’s next regular meeting on Wednesday, December 3, 2014.  Tabled.

 

 

2.      696 Amity Road, Unit A-4, Application #2014-032 submitted by Harvey and Sarup Brar for a Change of Use – Eyebrow Threading

 

The Commission formally received the application.  No one was present to speak on behalf of this application.

 

The ZEO stated the applicant has received all the necessary approvals.

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.

 

It was moved by Calhoun and seconded by Buchta to approve the following resolution for Application #2014-032:

 

Whereas, Harvey and Sarup Brar applied on November 5, 2014,  to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate an eyebrow threading salon in      Unit 4A of 696 Amity Road;

 

Whereas, in a letter dated October 16, 2014, the owner of the property, Theresa Laudadio, authorized Harvey and Sarup Brar to apply for the necessary land-use permits to operate an eyebrow threading salon in Unit 4A of 696 Amity Road;

 

Whereas, the Commission, at its regular meeting of November 5, 2014, considered the application information, Statement of Use dated October 30, 2014, testimony and other pertinent information relating to a request for the Change of Use Permit to operate an eyebrow threading salon in unit 4A of 696 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 a letter dated November 3, 2014, from John Laudano of Quinnipiack Valley Health District in which he approves the proposed Change of Use to an eyebrow threading salon with the following conditions:  1) only one chair for facial hair and eyebrow removal, 2) must obtain a certificate of compliance, 3) cannot open until inspection is made and certificate of compliance issued.

2)                  Rod White, Fire Marshal, signed off on the back of the application form on     October 16, 2014, indicating his approval.

3)                  The Commission received a letter dated October 8, 2014, from Ron Walters of 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 August 15, 2014, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate an eyebrow threading salon in Unit 4A of         696 Amity Road (Application #2014-032), 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.

Voting for:  Sullivan, Calhoun, Shea, Buchta.

Unanimous approval.

 

 

3.      106 Amity Road, Application #2014-033 submitted by Arrie Oliver/US Permit to replace a wall sign

 

The Commission formally received the application.  No one was present to speak on behalf of this application.

 

The ZEO stated the applicant is asking to replace the existing sign from ATT to Frontier Communications.

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.

 

It was moved by Shea and seconded by Calhoun to approve the following resolution for Application #2014-033:

 

Whereas, Arrie Oliver/US Permit applied to the Planning and Zoning Commission for a            1’ 6 1/8” by 3’ 2 5/8” replacement sign permit to advertise for Frontier Communications located at 106 Amity Road;

 

Whereas, the maximum square footage for signage for this property is 152 square feet of which only 75 square feet can be freestanding;

 

Whereas this application is for one 4.83 square foot attached wall sign, and there is no other signage on the property;

 

Whereas, this application meets the zoning requirement for signage;

 

Now Therefore, the Commission makes the following findings of fact and decision regarding this application: 

  • The application is for an attached sign.
  • There will be no need to obtain approvals from Quinnipiack Valley Health District, Inland Wetlands Commission or the South Central Connecticut Regional Water Authority.

 

Now Therefore Be It Resolved, that pursuant to Section 6 of the Town of Bethany Zoning Regulations, amended to August 15, 2014, the Bethany Planning and Zoning Commission approves the application of Arrie Oliver/US Permit to locate a 1’ 6 1/8” by 3’ 2 5/8” sign to advertise for Frontier Communication with the following condition:

1)      The sign shall not be internally illuminated.  Any light source for the sign shall be full cut off.

Voting for:  Sullivan, Calhoun, Shea, Buchta.

Unanimous approval.

 

 

4.      696 Amity Road, Unit 2B, Application #2014-034 submitted by Sarita King for an Additional Use – Church (nonprofit)

 

The Commission formally received the application.  Present to speak on behalf of this application was Sarita King, applicant.

 

The applicant submitted a letter, dated, October 29, 2014, requesting to waive the application fees for their nonprofit church.

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.

 

It was moved by Calhoun and seconded by Shea to approve the following resolution for Application #2014-034 and to also include the approval of the request for waiver of the application fees for the nonprofit organization:

 

Whereas, Sarita King applied on November 5, 2014, to the Bethany Planning and Zoning Commission for an Additional Use Permit to operate a church (Healthy Vessels Ministry) at   696 Amity Road, Unit 2B.  The church will operate at opposing hours with the office that currently occupies the unit;

 

Whereas, in an e-mail dated October 29, 2014, Howard Schachter, owner of 696 Amity Road, Unit 2B, authorized Sarita King to apply for any land-use permits for a church (Healthy Vessels Ministry) to operate from Unit 2B of 696 Amity Road;

 

Whereas, the Commission, at its regular meeting of November 5, 2014, considered the application information, Statement of Use, testimony and other pertinent information relating to a request for the Additional Use of a church (Health Vessels Ministry) to operate from Unit 2B of 696 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)      John Laudano, Quinnipiack Valley Health District representative, signed off on the back of the application form on November 3, 2014, indicating his approval.

2)      Rod White, Fire Marshal, signed off on the back of the application form on November 3, 2014, indicating his approval.

3)      The Commission received a letter dated November 3, 2014, from Ron Walters of the South Central Connecticut Regional Water Authority in which he stated that he has no comments.

 

Now Therefore Be It resolved that pursuant to Section 5.5.A. of the Bethany Zoning Regulations, amended to August 15, 2014, the Bethany Planning and Zoning Commission approves the additional use to operate a church (Healthy Vessels Ministry) in Unit 2B of         696 Amity Road 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.

Voting for:  Sullivan, Calhoun, Shea, Buchta.

Unanimous approval.

 

5.      90 Pole Hill Road, Application #2014-035 submitted by Bethany Community Garden Committee for a Site Plan approval to locate the Community Garden on the Southside of park

 

The Commission formally received the application.  Present to speak on behalf of this application was MaryEllen Unger, Chair of the Bethany Community Garden Committee.

 

Mrs. Unger noted the following:

  • Have not received Inland Wetlands Approval to date.
  • Submitted packet and reviewed with Commission.
  • Decreased size of beds to fit in this area.
  • 49 raised beds surrounded by deer fencing with two gates.
  • Reviewed packet that was submitted which included water usage, pump specs inside pump house, water tank (750 gallon tank) and other information.
  • Packet includes information about proposed garden, proposed contract and bylaws that will have to be signed by anyone who would like to use a bed.
  • Ray Pantelone, Bethany Tree Warden, has reviewed the trees to be cut.

 

Jim Seaton of 485 Bethmour Road stated he is putting a petition together opposing the location of the proposed Community Garden at 90 Pole Hill Road.

 

Further discussion was deferred until the Commission’s next regular meeting on Wednesday, December 3, 2014.  Tabled.

 

It was moved by Buchta and seconded by Calhoun to untable Application #2014-035 and schedule a public hearing date for Wednesday, December 3, 2014.  Unanimous approval.

 

Also, the Commission would like to schedule a site visit for Sunday, November 16, 2014, at  9:00 a.m.  Tabled.

 

 

OLD BUSINESS

 

1.  46 Mesa Drive, Application #2014-030 submitted by James Woodward for a Five- Lot

     Subdivision

 

The Commission received an email from Attorney Paul Jessell, dated November 3, 2014, Re:  Withdrawal of subdivision application for Clifford Drive Estates, 46 Mesa Drive, Application #2014-030.

 

 

2.      Update on Marc D’Andrea regarding outside storage at 860 Carrington Road

 

Present for the discussion was Marc D’Andrea.  Mr. D’Andrea had a map of his property and marked the areas that he needs to use to operate his business and to comply with the zoning regulations. 

 

Mr. D’Andrea worked with the Commission and based on the calculations computed, he would be in compliance with the regulations.

 

Also Mr. D’Andrea will submit to the Commission a letter on his letterhead and the map designating that he will using his 30% outside storage as a floating area.

 

3.      50 Hunters Trail (Sun Gold Stables), Discussion regarding second equine business operating from the property -

 

Waiting for comments from Town Attorney Kevin McSherry and Hiram Peck, Planning Consultant.  Tabled.

 

 

 

 

 

 

 

4.      Continue discussion and possible action to set public hearing date regarding proposed amendments to the Zoning Regulations on accessory buildings, signage for larger parcels, home occupation permits, etc.  

 

Public hearing scheduled for December 3, 2014.  Tabled.

 

 

5.      Continue discussion on Village Districts - Tabled.

 

 

6.      Executive Session – Matters in litigation

 

At 8:27 p.m., it was moved by Calhoun and seconded by Buchta for the Commission to enter into an executive session regarding matters in litigation.  No one was invited into the executive session.  Unanimous approval.

 

At 8:37 p.m., it was moved by Calhoun and seconded by Buchta for the Commission to exit out of executive session.

Unanimous approval.

 

For the record, no votes were taken in the course of the executive session.

 

 

7.      Executive Session – Personnel matters  Tabled.

 

 

There being no further business to come before the Commission, it was moved by Calhoun     and seconded by Shea to adjourn the regular meeting at 8:38 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning Commission