MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JUNE 3,
2015 Page
1 of 6
The following Commission Members
were present:
Kimberly McClure Brinton, Chairman
Michael Sullivan, Vice-Chairman
Michael Calhoun, Member
Douglas Goldner, Member
Donna Shea, Member
Bradford Buchta, Alternate Member
Eric McDonald, Alternate Member
The
following Commission Member was absent or excused:
James Gugliotti, Alternate Member
Also present was:
Hiram Peck,
Planning Consultant
APPROVAL OF MINUTES
Voting for: Brinton, Sullivan, Calhoun, Shea.
Unanimous approval.
Voting
for: Brinton, Sullivan, Calhoun, Shea.
Unanimous
approval.
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 May 2015, by
Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Brinton, Sullivan, Calhoun, Goldner, Shea.
Unanimous approval.
2.
It was moved by Shea and seconded by Calhoun to approve the payment of $105.00 for
recording services rendered at the public hearing held on June 3, 2015, (12
Pleasant Drive) by Anne Sohon.
Voting
were: Brinton, Sullivan, Calhoun, Goldner,
Shea.
Unanimous approval.
GENERAL CORRESPONDENCE
1.
Memo from Isabel Kearns, ZEO, dated January 22, 2015,
Re: Review comments on 12 Pleasant
Drive.
2.
Letter from Ron Walters, Regional Water Authority,
dated January 30, 2015, Re: Comments on
review of 12 Pleasant Drive.
3.
Letter from Quinnipiack Valley Health District, dated
May 29, 2015, Re: Comments on review of
Applications #2015-007 and #2015-008 for 12 Pleasant Drive.
4.
Letter from Nafis & Young, dated June 1, 2015,
Re: Comments on review of plans for 12 Pleasant Drive.
5.
Copy of Chronology of Events from Isabel Kearns, ZEO,
Re: 135 Pole Hill Road.
6.
Letter from Quinnipiack Valley Health District, dated
June 1, 2015, Re: Comments on review of
Application #2015-009 for 171 Amity Road, proposed child care center.
7.
Letter from Isabel Kearns, ZEO, to Luiza DaSilva of 50
Hunters Trail, dated May 12, 2015, Re:
Notice of Violation of Section 4.4.E. of the Zoning Regulations at 50
Hunters Trail.
8.
Letter from Phil and Leslie Tortora of 5 Chelsea
Circle, dated May 12, 2015, Re: Complaint
regarding neighbor’s rooster and hens.
9.
Letter from Isabel Kearns, ZEO, to Ionel Bodea of 5
Briar Road, dated May 11, 2015, Re:
Notice of Violation for construction of some outbuildings without
land-use permits at 5 Briar Road.
10. Letter
from Isabel Kearns, ZEO, to Charles Willoughby of 466 Carrington Road,
dated May 14, 2015, Re: Notice of Violation for shed without land-use
permit located at 466 Carrington Road.
11. Letter
from Isabel Kearns, ZEO, to Andrew Hitchcock of 28 Woodcutters Drive, dated May 18, 2015, Re: Cease and Desist Order dated December 1,
2014, for construction of shed without zoning permit located at 28 Woodcutters
Drive.
12. Letter
from Isabel Kearns, ZEO, to Linda Decesare of 37 Hilltop Road, dated June 1,
2015, Re: Notice of Violation for
construction of outbuilding without land-use permit located at 37 Hilltop Road.
13. Letter
from Prospect Planning and Zoning Commission to Bethany Town Clerk, dated May 21, 2015, Re: Prospect proposed zoning amendment to add to
Uses by District – “Business Office as a permitted use”.
ZONING ENFORCEMENT OFFICER’S REPORT
ZEO not present but
submitted the following for the meeting:
·
Building
Permit Report, dated June 1, 2015.
·
Report
on 742 Amity Road, 190-192 Schaffer Road, 5 Briar Road.
At 7:45 p.m., Chair Brinton called the public hearing to
order. The two applications will be
heard together. Roll call was
taken. Chair Brinton read the legal notice
for the public hearing.
Chair Brinton proceeded to review
the contents of the application files.
Chair Brinton reviewed the following
correspondence that was submitted:
·
Memo from Isabel Kearns, ZEO, dated January 22,
2015, Re: Review comments on 12 Pleasant Drive.
·
Letter from Ron Walters, Regional Water
Authority, dated January 30, 2015, Re:
Comments on review of 12 Pleasant Drive.
·
Letter from Quinnipiack Valley Health District,
dated May 29, 2015, Re: Comments on
review of Applications #2015-007 and #2015-008 for 12 Pleasant Drive.
·
Letter from Nafis & Young, dated June 1,
2015, Re: Comments on review of plans
for 12 Pleasant Drive.
Present to speak on behalf of the applications was Mr. Jason
Cogle, applicant.
In discussion, Mr. Cogle noted the
following:
·
In business since 2006 and cares for plants
delivered to Home Depot (outside and inside plants/temperature controlled).
·
One box truck looking to buy more.
·
Will rent other section of building for storage
only.
·
My end will be temperature controlled for
plants.
Some items noted by the Commission
were:
·
Will not be doing any maintenance on out of
state vehicles at this location; just personal vehicles. Truck maintenance will be offsite.
·
Truck leaves approximately 6 a.m. or 7 a.m. and back approximately between 12 p.m. and 2
p.m. Per day, one trip per truck.
The Commission scheduled a site
visit for Thursday, June 11, 2015, at 7:30 p.m.
Commission members to meet at the site located at 12 Pleasant Drive. The Commission asked Mr. Cogle to have the
proposed building staked out prior to the site walk.
Chair Brinton asked if anyone from
the public would like to speak for the application or against the
application. There were no comments from
the public.
At 8:10 p.m., it was moved by
Goldner and seconded by Sullivan to recess and continue the public hearing on
the two subject applications to the next regular meeting scheduled for
Wednesday, July 1, 2015.
Voting
were: Brinton, Sullivan, Calhoun, Goldner,
Shea.
Unanimous
approval.
The Commission formally received the application. No one was present to speak on behalf of this
application.
Chair Brinton stated the applicant was selling eggs and
produce and someone complained.
Whereas, in
an e-mail dated June 1, 2015, Stephanie Fallon, owner of 135 Pole Hill Road,
authorized Jeremy Shulick to obtain approval for a sign permit for the sale of
produce and eggs;
Whereas,
Jeremy Shulick applied to the Planning and Zoning Commission on June 3, 2015, for a
freestanding four (4) square foot sign to advertise for selling of produce and
eggs located at 135 Pole Hill Road;
Now Therefore,
the Commission makes the following findings of fact and decision regarding this
application:
1) Application #2013-027 was approved by the Planning
and Zoning Commission on November 6, 2013.
This permit was for the farming of crops and raising chickens. Discussion during the meeting included a
small roadside stand;
2) Rod White, Fire Marshal, signed off on the
back of the application form on May 25, 2015, indicating his approval.
3) Section 7.2.F. of the Zoning Regulations
allows a non-illuminated sign, not to exceed four (4) square feet, when connected with
a home occupation;
At the regular
meeting, also held on June 3, 2015, the Planning and Zoning Commission approves
Application #2015-010 for a 4 square foot sign for the selling of produce and
eggs located at 135 Pole Hill Road, per Section 7.2.F. of the Zoning
Regulations amended to February 27,
2015.
Voting
were: Brinton, Sullivan, Calhoun, Goldner,
Shea.
Present to speak on behalf of this application was Rhonda
Bielik, applicant.
In discussion, Mrs. Bielik noted:
·
Looking to lease space for Montessori Preschool.
·
Received letter from Quinnipiack Valley Health
District, dated June 1, 2015, with recommendations for approval only.
·
Have timeline to meet with State of Connecticut
by July 1, 2015, to move forward but have issue with septic system.
·
Meeting scheduled with QVHD and President of
Graduate Institute on June 4, 2015.
In discussion, Commission members noted:
·
If QVHD approves, the Commission will hold a
Special Meeting on Thursday, June 11, 2015, at 8:00 p.m.
·
Fire Marshal requested new stamped plan and
necessary code data on May 27, 2015.
Tabled.
Commission received a Notice of Violation letter from Isabel
Kearns, ZEO, to Luiza DaSilva of 50 Hunters Trail, dated May 12, 2015, Re: Violation of Section 4.4.E. of the Zoning
Regulations (Shannon Equine). Commission
members briefly discussed and stated property owner still in violation.
It was moved by Sullivan and seconded by Shea to send a
letter of violation to Luiza DaSilva, owner of record for 50 Hunters Trail, that
she is clearly in violation and needs to come up with a solution or a regulation
change and this needs to be addressed as soon as possible.
Voting
were: Brinton, Sullivan, Calhoun, Goldner,
Shea.
Hiram Peck, Planning Consultant will speak to the Zoning
Enforcement Officer in regard to date this shall be rectified by. Tabled.
ADJOURNMENT
Voting
were: Brinton, Sullivan, Calhoun, Goldner,
Shea.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning