MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, MAY 6,
2015
Page
1 of 10
The following Commission Members
were present:
Kimberly McClure Brinton, Chairman
Michael Sullivan, Vice Chairman
Michael Calhoun, Member
Donna Shea, Member
Bradford Buchta, Alternate Member,
seated as a voting member
The
following Commission Members were absent or excused:
Douglas Goldner, Member
James Gugliotti, Alternate Member
Eric McDonald, Alternate Member
Also present were:
Hiram Peck,
Planning Consultant
Isabel
Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
Voting
for: Brinton, Sullivan, Calhoun, Shea,
Buchta.
Unanimous
approval.
BILLS
1. It
was moved by Calhoun and seconded by Sullivan to approve the payment of
$1,000.00 (monthly pro rata basis), for services rendered for April 2015, by
Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
Voting for: Brinton, Sullivan, Calhoun, Shea, 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 May 6, 2015, (10 Round Hill Road) by Anne Sohon.
Voting
were: Brinton, Sullivan, Calhoun, Shea,
Buchta.
Unanimous approval.
GENERAL CORRESPONDENCE
1.
Thank you card from the Bethany Community Garden
Committee, received April 28, 2015.
2.
Letter from Rod White, Fire Marshal and Michael Katzmark,
BVFD Water Source Officer, dated March 31, 2015, Re: Comments on review of application for 10
Round Hill Road.
3.
Letter from Quinnipiack Valley Health District to Alan
Shepard, P.E. of Nowakowski, O’Bymachow & Kane Associates, dated April 13,
2015, Re: Comments on review of revised
plan for proposed septic system at 10 Round Hill Road.
4.
Letter from Nafis & Young, Town Engineer, dated May
5, 2015, Re: 10 Round Hill Road, Review
of revised plans, all comments addressed from March 27, 2015 letter
5.
Email from Nancy Scanlon of 242 Bear Hill Road, dated
April 17, 2015, Re: Airport Property.
6.
Letter from Isabel Kearns, ZEO, to Mr. John Ahearn of
560 Carrington Road, dated April 9, 2015, Re:
3rd Notice of Violation for outside storage located at 560
Carrington Road.
7.
Second Notice of Violation from Isabel Kearns, ZEO, to
Linda Decesare of 37 Hilltop Road, dated May 6, 2015, Re: Outbuilding on property without the necessary
land-use permits.
8.
Letter from Town of Hamden, dated March 10, 2015,
Re: Proposed Zoning Regulation
Amendment, temporary moratorium on the issuance of zoning permits for student
housing.
9.
Letter form Town of Woodbridge, dated March 4, 2015,
Re: Proposed amendments to zoning
regulations, removal of limitation on gross floor area of a gas station
building that can be used to sell convenience items.
PUBLICATIONS
1. Connecticut Federation of Planning and Zoning
Agencies Quarterly Newsletter, Spring 2015.
ZONING ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, ZEO,
reported on the following:
·
Submitted
Building Permits report dated May 6, 2015.
·
33
Old Amity Road – Quinnipiack
Valley Health District stated additional test holes completed; engineer working
on.
·
Mesa
property on Schaffer Road –
Inquiry on having an indoor soccer field and outdoor soccer fields on this
property.
At 7:19 p.m., Chair Brinton called the public hearing continuation
to order. All three applications will be
heard together. Roll call was
taken. Chair Brinton read the notice for
the public hearing continuation.
Present representing the applicant was Al Shepard, P.E.,
from Nowakowski, O’Bymachow & Kane.
Mr. William Ciola, applicant, was also present.
During the course of the public
hearing, Chair Brinton noted that the Commission has received the following
item relative to the subject application.
Exhibit identification was assigned as noted:
A. Exhibit 2A – Submitted by Al
Shepard of Nowakowski, O’Bymachow & Kane, dated April 8, 2015, Language for
35-foot drainage easement and 20-foot drainage easement.
In discussion, Mr. Shepard noted the
following:
·
Revised planting species.
·
Proposed drainage easement added to site plan.
·
Drainage Easement language submitted. (Exhibit
2A)
·
Soils in area compacted for years, good
percolation testing, underlying soils sandy.
Some items noted by the Commission
were:
·
Moving water to a different lot.
·
Concerned of trespass lighting.
·
Concerned with silt running off property down
Amity Road.
·
Will add conditions to resolution to cover
concerns.
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 7:47 p.m., it was moved by
Calhoun and seconded by Sullivan to close the public hearing on the three
subject applications.
Voting
were: Brinton, Sullivan, Calhoun, Shea,
Buchta.
Unanimous
approval.
The Commission formally received the application. Present to speak on behalf of this
application was Al Shepard, P.E., of Nowakowski, O’Bymachow, Kane & Associates. Chair Brinton reviewed the contents of the
application file.
Mr. Shepard briefly reviewed the proposed project for a
truck storage facility for delivery temperature sensitive plants and some units
for rent of business/industrial equipment.
The Commission scheduled a public hearing date at the next
regular meeting on June 3, 2015, at 7:15 p.m. in the Commission Meeting
Room. Tabled.
The Commission formally received the application. Present to speak on behalf of this
application was Al Shepard, P.E., of Nowakowski, O’Bymachow, Kane &
Associates. Chair Brinton reviewed the
contents of the application file.
Mr. Shepard briefly reviewed the proposed project for a
truck storage facility for delivery temperature sensitive plants and some units
for rent of business/industrial equipment.
The Commission scheduled a public hearing date at the next
regular meeting on June 3, 2015, at 7:15 p.m. in the Commission Meeting
Room. Tabled.
The Commission formally received the application. No one was present to speak on behalf of this
application.
Isabel Kearns, ZEO, stated Quinnipiack Valley Health
District has not approved the application to date.
The Commission would like to see on the site plan the square
footage of proposed area to be occupied for this application and the parking
area.
Further discussion and appropriate action on the application
was deferred until the Commission’s next regular meeting on Wednesday, June 3,
2015. Tabled.
Commission members discussed and proceeded to
deliberate. It was moved by Calhoun and
seconded by Shea to approve the following resolution for Application #2015-001:
Whereas, William
Ciola applied on March 4, 2015, to the Bethany Planning and Zoning Commission
for Site Plan Approval for a 40-foot by 125-foot storage building, associated
site work and 4 square foot sign located at 10 Round Hill Road. (#2015-001);
and
Whereas, the
public hearing for this site development plan, associated site work and a 4
square foot sign was opened April 1, 2015, and was held in conjunction with the
public hearings for Application #2015-002 Special Exception for Outside Storage
and Application #2015-003 Special Exception Earth Removal, Excavation, Filling,
Stockpiling and Grading Permit; and
Whereas, said
public hearings for all of the aforementioned applications concluded on May 6,
2015;
Whereas, the
Commission conducted a site walk of the property on May 6, 2015;
Whereas, the
Commission, at their regular meeting also of May 6, 2015, considered the plans,
testimony and other pertinent application information relating to Application
#2015-001 Site Plan Approval for a 40-foot by 125-foot storage building,
associated site work and a 4 square foot sign which was submitted in
conjunction with Applications #2015-002 for Special Exception for Outside
Storage and 2015-003 for Special Exception Earth Removal, Excavation, Filling,
Stockpiling and Grading Permit, respectively; and
Whereas, the Commission makes the following findings
regarding this application:
1)
Rod White, Fire Marshal, submitted a letter dated March
13, 2015, indicating Michael Katzmark, Bethany Volunteer Fire Department Water
Source Officer and himself have reviewed the applications and have no issues at
this time.
2)
The Commission received correspondence dated March 27,
2015, from David Nafis, Town Engineer, in which he shared nine (9) concerns
that he had. The Commission received a
subsequent letter dated May 5, 2015, in which Mr. Nafis stated all comments
have been addressed.
3)
The Commission received Inland Wetlands Permit #1227
approved November 24, 2014, for a 125-foot by 40-foot storage building and
associated site work.
4)
The Commission received a copy of a letter dated August
21, 2014, to Isabel Kearns, ZEO, from Ronald Walters of the South Central
Connecticut Regional Water Authority in which he provides best management practices
concerning the environment.
5)
The Commission received a final letter from John
Laudano, Quinnipiack Valley Health District Representative, dated April 13,
2015, in which he states that this approval is made based on a commercial
building being built per the submitted plans.
The building shall have no more than 25 employees and shall be used for
the purpose of equipment storage and a single office. Two previous letters from
QVHD were received but were superseded by the April 13, 2015 letter.
6)
The Commission received an e-mail dated March 30, 2015,
from Eugene Livshits, South Central Regional Council of Governments, in which
he states that the Regional Planning Commission is not required to provide a
formal review of the application because it is for a site plan.
Now Therefore Be It
Resolved, that pursuant to Section 5.2.B. of the Bethany Zoning
Regulations, amended to February 27, 2015, the Bethany Planning and Zoning
Commission approves this site plan (Application #2015-001) for a 40-foot by
125-foot storage building, associated site work and a 4 square foot sign in
accordance with the following submitted plans prepared by Nowakowski,
O’Bymachow, Kane, Associates, Shelton, Connecticut:
·
“Overall Site Plan”, dated August 15, 2013,
revised to March 31, 2015.
·
“Detailed Site Plan”, dated August 15, 2013,
revised to March 31, 2015.
·
“Detail Sheet”, dated August 15, 2013, revised
to March 31, 2015.
·
“Plot Plan”, dated August 13, 2013, revised to
April 8, 15.
·
“Lighting and Landscaping Plan”, dated August
13, 2014, revised to March 31, 2015.
and with the following modifications:
1)
There shall be no trespass lighting resulting from the
new site lighting onto other properties.
The second pole light in from Round Hill Road (going south to north)
shall be rotated to assure that there is no trespass lighting.
2)
A draft drainage easement must be reviewed and approved
by Town Counsel. Upon approval, the
drainage easement document and the site plan map, notating the easement area,
must be filed on the land records in Town Clerk’s office.
3)
Hay bales shall be placed around the splash pad which
is located in the drainage easement area.
4)
The building shall conform to the architectural
renderings provided with the exception of the roof which may be changed to a
green metal roof. However, the shade of
green must be approved by the ZEO.
Voting
were: Brinton, Sullivan, Calhoun, Shea,
Buchta.
Unanimous
approval.
Commission members discussed and proceeded to
deliberate. It was moved by Calhoun and
seconded by Shea to approve the following resolution for Application #2015-002:
Whereas, William
and John Ciola applied on March 4, 2015, to the Bethany Planning and Zoning
Commission for Site Plan Approval for a Special Exception Permit for Outside
Storage located at 10 Round Hill Road
(#2015-002); and
Whereas, the
public hearing for this Special Exception for Outside Storage was opened April
1, 2015, and was held in conjunction with the public hearings for Application
#2015-001 Site Plan for a 40-foot by 125-foot storage building, associated site
work and sign and Application #2015-003
Special Exception Earth Removal, Excavation, Stockpiling, Filling and Grading
Permit; and
Whereas, said
public hearings for all of the aforementioned applications concluded on May 6,
2015;
Whereas, the
Commission conducted a site walk of the property on May 6, 2015;
Whereas, the
Commission, at their regular meeting of May 6, 2015, considered the plans,
testimony and other pertinent application information relating to Application
#2015-002 for a Special Exception Permit for Outside Storage which was
submitted in conjunction with Applications #2015-001 for a Site Plan for a
40-foot by 125-foot storage building and sign and Application #2015-003 for a
Special Exception Earth Removal, Excavation, Stockpiling and Grading Permit,
respectively; and
Whereas, the Commission makes the following findings
regarding this application:
1)
Rod White, Fire Marshal, submitted a letter dated March
13, 2015, indicating Michael Katzmark, Bethany Volunteer Fire Department Water
Source Officer and himself have reviewed the applications and have no issues at
this time.
2)
The Commission received correspondence dated March 27,
2015, from David Nafis, Town Engineer, in which he shared nine (9) concerns
that he had. The Commission received a
subsequent letter dated May 5, 2015, in which Mr. Nafis stated all comments
have been addressed.
3)
The Commission received Inland Wetlands Permit #1227
approved November 24, 2014, for a 125-foot by 40-foot storage building and
associated site work.
4)
The Commission received a copy of a letter dated August
21, 2014, to Isabel Kearns, ZEO, from Ronald Walters of the South Central
Connecticut Regional Water Authority in which he provides best management
practices concerning the environment.
5)
The Commission received a final letter from John
Laudano, Quinnipiack Valley Health District Representative, dated April 13,
2015, in which he states that this approval is made based on a commercial
building being built per the submitted plans.
The building shall have no more than 25 employees and shall be used for
the purpose of equipment storage and a single office. Two previous letters from
QVHD were received but were superseded by the April 13, 2015 letter.
6)
The Commission received an e-mail dated March 30, 2015,
from Eugene Livshits, South Central Regional Council of Governments, in which
he states that the Regional Planning Commission is not required to provide a
formal review of the application because it is for a site plan.
Now Therefore Be It
Resolved, that pursuant to Section 5.3.H. of the Bethany Zoning
Regulations, amended to February 27, 2015, the Bethany Planning and Zoning
Commission approves this Special Exception Permit for Outside Storage
(Application #2015-002) in accordance
with the following submitted plans prepared by Nowakowski, O’Bymachow, Kane,
Associates, Shelton, Connecticut:
·
“Overall Site Plan”, dated August 15, 2013,
revised to March 31, 2015.
·
“Detailed Site Plan”, dated August 15, 2013,
revised to March 31, 2015.
·
“Detail Sheet”, dated August 15, 2013, revised
to March 31, 2015.
·
“Plot Plan”, dated August 13, 2013, revised to
April 8, 15.
·
“Lighting and Landscaping Plan”, dated August
13, 2014, revised to March 31, 2015.
Voting
were: Brinton, Sullivan, Calhoun, Shea,
Buchta.
Unanimous
approval.
Commission members discussed and proceeded to
deliberate. It was moved by Calhoun and
seconded by Shea to approve the following resolution for Application #2015-002:
Whereas, William
and John Ciola applied on March 4, 2015, to the Bethany Planning and Zoning
Commission for a Special Exception Earth Removal, Excavation, Stockpiling,
Filling and Grading Permit located at 10 Round Hill Road. (#2015-003); and
Whereas, the
public hearing for this Special Exception Earth Removal, Excavation,
Stockpiling, Filling and Grading Permit was opened April 1, 2015, and was held
in conjunction with the public hearings for Application #2015-001 Site Plan for
a 40-foot by 125-foot storage building, associated site work and sign and Application #2015-002 Special Exception for
Outside Storage; and
Whereas, said
public hearings for all of the aforementioned applications concluded on May 6,
2015;
Whereas, the
Commission conducted a site walk of the property on May 6, 2015;
Whereas, the
Commission, at their regular meeting of May 6, 2015, considered the plans,
testimony and other pertinent application information relating to Application
#2015-003 for a Special Exception Earth Removal, Excavation, Stockpiling,
Filling and Grading Permit which was submitted in conjunction with Applications
#2015-001 for Site Plan for a 40-foot by 125-foot storage building, associated
site work and sign and Application #2015-002 for a Special Exception Permit for
Outside Storage, respectively; and
Whereas, the Commission makes the following findings
regarding this application:
1)
Rod White, Fire Marshal, submitted a letter dated March
13, 2015, indicating Michael Katzmark, Bethany Volunteer Fire Department Water
Source Officer and himself have reviewed the applications and have no issues at
this time.
2)
The Commission received correspondence dated March 27,
2015, from David Nafis, Town Engineer, in which he shared nine (9) concerns
that he had. The Commission received a
subsequent letter dated May 5, 2015, in which Mr. Nafis stated all comments
have been addressed.
3)
The Commission received Inland Wetlands Permit #1227
approved November 24, 2014, for a 125-foot by 40-foot storage building and
associated site work.
4)
The Commission received a copy of a letter dated August
21, 2014, to Isabel Kearns, ZEO, from Ronald Walters of the South Central Connecticut
Regional Water Authority in which he provides best management practices
concerning the environment.
5)
The Commission received a final letter from John
Laudano, Quinnipiack Valley Health District Representative, dated April 13,
2015, in which he states that this approval is made based on a commercial
building being built per the submitted plans.
The building shall have no more than 25 employees and shall be used for
the purpose of equipment storage and a single office. Two previous letters from
QVHD were received but were superseded by the April 13, 2015 letter.
6)
The Commission received an e-mail dated March 30, 2015,
from Eugene Livshits, South Central Regional Council of Governments, in which
he states that the Regional Planning Commission is not required to provide a
formal review of the application because it is for a site plan.
Now Therefore Be It
Resolved, that pursuant to Section 8 of the Bethany Zoning Regulations,
amended to February 27, 2015, the Bethany Planning and Zoning Commission
approves this Special Exception Earth Removal, Excavation, Stockpiling, Filling
and Grading Permit (Application #2015-003) based on the following maps:
·
“Overall Site Plan”, dated August 15, 2013,
revised to March 31, 2015.
·
“Detailed Site Plan”, dated August 15, 2013,
revised to March 31, 2015.
·
“Detail Sheet”, dated August 15, 2013, revised
to March 31, 2015.
·
“Plot Plan”, dated August 13, 2013, revised to
April 8, 15.
·
“Lighting and Landscaping Plan”, dated August
13, 2014, revised to March 31, 2015.
and with the following modifications:
1)
Hay bales shall be placed around the splash pad in the drainage
easement area.
Voting
were: Brinton, Sullivan, Calhoun, Shea,
Buchta.
Unanimous
approval.
Luiza DaSilva submitted a proposed zoning regulation
amendment pertaining to Boarding Stables, Indoor Riding Rings and Riding
Academies but was not able to pay application fee.
The Commission suggested Ms. DaSilva ask others to chip in
to pay application fee and that she is still in violation without this
amendment. Tabled.
ADJOURNMENT
Voting
were: Brinton, Sullivan, Calhoun, Shea,
Buchta.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning
