Monday, July 13, 2015


 

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JULY 1, 2015                Page 1 of 11

 

The regular meeting of the Planning and Zoning Commission was called to order at          7:07 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

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

            Carol Lambiase, Alternate Member

  

The following Commission Members were absent:

            Douglas Goldner, Member

            Eric McDonald, Alternate Member

 

Also present was:

             Isabel Kearns, ZEO  

 

 

ELECTION OF OFFICERS AND APPOINTMENT OF STAFF

 

It was opened by Sullivan and seconded by Calhoun to nominate Kimberly McClure Brinton as Chairman of the Planning and Zoning Commission for the term of July 2015 to June 2016.

Unanimous approval.

 

It was moved by Sullivan and seconded by Shea to close nominations for Chairman of the Planning and Zoning Commission.

Unanimous approval.

 

It was moved by Sullivan and seconded by Calhoun to accept and approve the nomination of Kimberly McClure Brinton as Chairman of the Planning and Zoning Commission for the term of July 2015 to June 2016.

Unanimous approval.

 

It was opened by Calhoun and seconded by Shea to nominate Michael Sullivan as Vice-Chairman of the Planning and Zoning Commission for the term of July 2015 to June 2016.

Unanimous approval.

 

It was moved by Calhoun and seconded by Shea to close nominations for Vice-Chairman of the Planning and Zoning Commission.

Unanimous approval.

 

It was moved by Calhoun and seconded by Shea to accept and approve the nomination of Michael Sullivan as Vice-Chairman of the Planning and Zoning Commission for the term of July 2015 to June 2016.

Unanimous approval.

 

 

 

 

It was moved by Sullivan and seconded by Buchta to accept and approve the nomination of Michael Calhoun as Secretary of the Planning and Zoning Commission for the term of July 2015 to June 2016.

Unanimous approval.

 

It was moved by Brinton and seconded by Sullivan to accept and approve the nomination of Michael Calhoun as Representative to the South Central Regional Planning Commission for the term of July 2015 to June 2016.

Unanimous approval.

 

It was moved by Sullivan and seconded by Calhoun to table Appointment of Staff until the next regular meeting on August 5, 2015.

Unanimous approval.

 

 

APPROVAL OF MINUTES

            

1.      It was moved by Sullivan and seconded by Buchta to approve the minutes of the June 3, 2015, Regular Meeting , as amended:

·         Page 3, Fifth Paragraph, First Bullet – Reads “Will not be doing any maintenance on out of state vehicles at this location; just personal vehicles.”  Change to “No vehicle maintenance to be performed at this location.”

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

      Unanimous approval.

 

2.      It was moved by Sullivan and seconded by Shea to approve, as submitted, the minutes of the June 11, 2015, Special Meeting/Site Visit/Hearing Continuation.

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

Unanimous approval.

 

 

BILLS

 

1.      It was moved by Calhoun and seconded by Shea to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for June 2015, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

2.      It was moved by Buchta and seconded by Sullivan to approve the payment of $105.00 for recording services rendered at the public hearing held on July1, 2015, (12 Pleasant Drive) by John McLeod.

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

Unanimous approval.

 

 

 

 

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from Quinnipiack Valley Health District to Catherine Champagne dated July 1, 2015, Re:  Review comments on application for proposed yoga studio at 696 Amity Road, Unit UL-5.

2.      Letter from Isabel Kearns, ZEO, to Mr. & Mrs. Andrew Hitchcock of 28 Woodcutters Drive, dated July 1, 2015, Re:  Case closed pertaining to after-the-fact shed.

3.      Email from Eugene Livshits of South Central Regional Council of Governments, dated June 9, 2015, Re:  Prospect, CT proposed text change amendment to zoning regulations.

 

 

PUBLICATIONS AND WORKSHOPS

 

1.      Connecticut Landscape Architecture, 2015 Annual.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT

 

Isabel Kearns, ZEO, reported on the following:       

·         Submitted report on Building Permits dated July 1, 2015.

·         Will be writing letter to Sun Gold Stables/Shannon Equine, 50 Hunters Trail.

 

 

PUBLIC HEARING

 

·         12 Pleasant Drive, Application #2015-007 submitted by SFM Storage, LLC/Jason Cogle for an approval for new Commercial Development/construct truck storage facility

·         12 Pleasant Drive, Application #2015-008 submitted by SFM Storage, LLC/Jason Cogle for a Special Exception Earth Removal, Excavation, Filling, Stockpiling & Grading Permit

 

At 7:25 p.m., Chair Brinton called the public hearing continuation to order.  The two applications will be heard together.  Roll call was taken.  Chair Brinton read the notice of the public hearing continuation.

 

Chair Brinton stated that the Commission visited the site on June 11, 2015.

 

Isabel Kearns, ZEO, stated that the applicant, Mr. Cogle would like to have a free standing sign.  Ms. Kearns asked the Commission to allow Mr. Cogle to amend Application #2015-007 to include a free standing sign.  Mr. Cogle was allowed to amend the application as stated.  Also, Mr. Cogle added the location of the sign to the Site Plan, revised to April 27, 2015.

 

 

 

 

 

 

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 1A – Three pages of photographs submitted by the applicant, Jason Cogle, with photographs of steel building similar to storage building being proposed.

 

Chair Brinton asked if anyone from the public would like to speak for the application or against the application.  The following public member spoke:

·         Cheryl Petruzzello of 648 Amity Road – asked question on what type of trucks going to be stored in proposed building.

 

In discussion, Mr. Cogle noted the following:

·         Have one box truck, 35 feet long.

·         Temperature sensitive climate controlled building.

·         Some units will be for rent; ideal renter would be landscaper or tree removal business.

·         Work day begins at 4:00 a.m.  Driver starts up truck and does pre-trip inspection for 10 to 15 minutes and then departs.

 

At 7:45 p.m., it was moved by Calhoun and seconded by Sullivan to close the public hearing on the subject applications.

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

Unanimous approval.

 

 

NEW BUSINESS

 

1.      73 Carrington Road, Application #2015-011 submitted by Carol and Darrell Merchant for a Special Exception Permit for an accessory apartment

 

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

 

Isabel Kearns, ZEO, recommended the Commission schedule a public hearing.  A public hearing was scheduled for the next regular meeting on Wednesday, August 5, 2015, at     7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall.  Tabled.

 

 

2.      696 Amity Road, Unit UL-5, Application #2015-012 submitted by Catherine Champagne for a Change of Use – Yoga Studio

 

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

 

Michael Calhoun stated for the record that the applicant, Catherine Champagne, is his daughter-in-law and that he will not be biased.

 

 

 

 

Isabel Kearns, ZEO, prepared a draft resolution for Application #2015-012.  Commission members discussed and proceeded to deliberate.  It was moved by Sullivan and seconded by Buchta to approve the following resolution for Application #2015-012:

 

Whereas, Catherine Champagne applied on July 1, 2015, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate a yoga studio located at           696 Amity Road, Unit UL-5;

 

Whereas, Brian Botti/Taco, LLC, owner of Unit UL-5 at 696 Amity Road, authorized Catherine Champagne to apply for a Change of Use Permit to operate a yoga studio in       Unit UL-5 in an e-mail dated June 30, 2015;

 

Whereas, the Commission, at its regular meeting of July 1, 2015, 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 yoga studio located at 696 Amity Road,             Unit UL-5;

 

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 from John Laudano, Quinnipiack Valley Health Department Representative, dated July 1, 2015, in which he approved the Change of Use for a yoga studio for a maximum of 10 people including instructors with the stipulation that there be no showers.

2)                  Rod White, Fire Marshal, signed off on the back of the application form on July 1, 2015 indicating his approval.

3)                  The Commission received a letter dated July 1, 2015 from Ronald Walters of the South Central Connecticut Regional Water Authority, who indicated that he has no comments.

 

Now Therefore Be It Resolved, that pursuant to Section 5.5.A. of the Bethany Zoning Regulations, amended to February 27, 2015, the Bethany Planning and Zoning Commission approves the Change of Use Permit to allow the operation of a yoga studio located at         696 Amity Road, Unit UL-5 (Application #2015-012), as presented in the application, statement of use and 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)                  Per Quinnipiack Valley Health District approval letter dated July 1, 2015, from John Laudano, there shall be a maximum of 10 people, including instructors.

Vote:  5 to 0.

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

Unanimous approval.

 

 

 

 

 

OLD BUSINESS

 

1.      12 Pleasant Drive, Application #2015-007 submitted by SFM Storage, LLC for New Commercial Development/Construct Truck Storage Facility

 

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 #2015-007:

 

Whereas, Jason Cogle, owner of SFM Storage, LLC, applied on May 4, 2015, to the Bethany Planning and Zoning Commission for Site Plan Approval to construct an 84-feet by 100-feet storage building, free standing 4-feet by 8-feet sign and associated site work located  at 12 Pleasant Drive;

 

Whereas, the Commission conducted a site walk of the property on June 11, 2015;

 

Whereas, the Commission, at its regular meetings of June 3, 2015 and July 1, 2015, considered the maps, narrative, testimony and other pertinent information relating to a request for Site Plan Approval;

 

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

1)                  The Commission received correspondence dated November 21, 2014,  from John Laudano, Representative of Quinnipiack Valley Health District, to Alan Shepard, P.E. of Nowakowski, O’Bymachow and Kane in which he states that he approves the revised plan for an 84-foot by 100-foot commercial building with seven (7) employees maximum.  The Commission also received correspondence from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District dated May 29, 2015, in which they state: 1) They detected soil conditions in areas designated for the subsurface sewage disposal system indicate that the minimum requirements of the appropriate sections of the Connecticut Public Health Code were observed for the proposed 84-foot by 100-foot commercial building with the maximum of seven employees and maximum wastewater discharge of 140 gallons per day.  2) A subsurface sewage disposal permit issued by Quinnipiack Valley Health District is needed before a recommendation can be made to the building official.

2)                  The Planning and Zoning Commission is in receipt of Permit #1233, approved on April 27, 2015, from the Inland Wetlands Commission for the construction of a storage building and associated site work.

3)                  Rod White, Fire Marshal, signed off on the back of the application form on     May 26, 2015, indicating his approval.  He subsequently deleted the comment he had originally written and initialed and dated it June 1, 2015.

4)                  In a letter dated January 30, 2015, Ronald Walters, Representative of South Central Connecticut Regional Water Authority, provided some boilerplate recommendations:  1) Erosion controls should be maintained throughout construction; 2) If the building is heated with fuel oil, it should be above ground. 

 

Fuel storage tanks and associated piping should be segregated from floor drains and sump pumps to prevent hazards to the environment; 3) Hazardous materials should be stored in a secondary container and removed to a locked indoor area with an impervious floor during non-work hours; 4) A contact name and number for the person responsible for the post-construction maintenance of the stormwater management system should be identified on the plan.  The inspection and maintenance plan for the detention basin should be expanded to include inspection and maintenance of catch basins.

5)                  The Commission received a letter dated June 1, 2015, from Dave Nafis, contracted Town Engineer, in which he states that he reviewed the plans revised to April 27, 2015, and after a phone conversation with the design engineer to clarify some concerns.  All he recommends is that a handicapped parking space be provided.

 

Now Therefore It Resolved, that pursuant to Section 5.2.A. of the Bethany Zoning Regulations, amended to February 27, 2015, the Bethany Planning and Zoning Commission approves Application #2015-007 from Jason Cogle (SFM Storage, LLC) for an 84-foot by 100-foot storage building, free standing 4-feet by 8-feet sign and associated site work located at 12 Pleasant Drive based on the following plans prepared by Nowakowski, O’Bymachow and Kane, Engineers and Land Surveyors, Shelton, Connecticut:

a.       “Site Development & Soil Erosion Control Plan Prepared For SFM Storage, LLC”, dated November 7, 2014, revised to April 27, 2015.

b.      “Septic Plan Prepared For SFM Storage, LLC”, dated November 7, 2014, revised to April 27, 2015.

c.       “Landscaping and Lighting Plan Prepared For SFM Storage, LLC”, dated January 14, 2015, revised to January 23, 2015.

d.      “Plot Plan, Lot 27, Blue Ridge Acres Prepared For SFM Storage, LLC”, dated January 15, 2015, revised to January 23, 2015.

 

And with the following conditions:

1)      New Use and tenant fit-out permits must be received prior to the occupancy of any of the units, EVEN if they are just for storage. 

2)      Compliance with the letter dated January 30, 2015, from Ron Walters of the South Central Connecticut Regional Water Authority is required.

3)      The plans should be modified to include a handicapped parking space per the letter of Dave Nafis, Town Engineer, dated June 1, 2015.

4)      You will need to obtain new use permits from this Commission for all tenants. 

5)      Another erosion control contact name and number should be added to the file in the event that you are not available.

6)      All lighting fixtures shall be full cut off.  There shall be no trespass lighting from the property.

      Vote 5 to 0.

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

      Unanimous approval.

 

 

 

 

2.      12 Pleasant Drive, Application #2015-008 submitted by SFM Storage, LLC for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit 

 

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 #2015-008:

 

Whereas, Jason Cogle, owner of SFM Storage, LLC, applied on May 4, 2015, to the Bethany Planning and Zoning Commission for Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit to construct an 84-foot by 100-foot storage building and associated site work located at 12 Pleasant Drive;

 

Whereas, the Commission conducted a site walk of the property on June 11, 2015;

 

Whereas, the Commission, at its regular meetings of June 3, 2015 and July 1, 2015, considered the maps, narrative, testimony and other pertinent information relating to a request for Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit;

 

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

1)                  The Commission received correspondence dated November 21, 2014,  from John Laudano, Representative of Quinnipiack Valley Health District, to Alan Shepard, P.E. of Nowakowski, O’Bymachow and Kane in which he states that he approves the revised plan for an 84-foot by 100-foot commercial building with seven (7) employees maximum.  The Commission also received correspondence from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District dated May 29, 2015, in which they state: 1) They detected soil conditions in areas designated for the subsurface sewage disposal system indicate that the minimum requirements of the appropriate sections of the Connecticut Public Health Code were observed for the proposed 84-foot by 100-foot commercial building with the maximum of seven employees and maximum wastewater discharge of 140 gallons per day.  2) A subsurface sewage disposal permit issued by Quinnipiack Valley Health District is needed before a recommendation can be made to the building official.

2)                  The Planning and Zoning Commission is in receipt of Permit #1233, approved on April 27, 2015, from the Inland Wetlands Commission for the construction of a storage building and associated site work.

3)                  Rod White, Fire Marshal, signed off on the back of the application form on     May 26, 2015, indicating his approval.  He subsequently deleted the comment he had originally written and initialed and dated it June 1, 2015.

 

 

 

4)                  In a letter dated January 30, 2015, Ronald Walters, Representative of South Central Connecticut Regional Water Authority, provided some boilerplate recommendations:  1) Erosion controls should be maintained throughout construction; 2) If the building is heated with fuel oil, it should be above ground. Fuel storage tanks and associated piping should be segregated from floor drains and sump pumps to prevent hazards to the environment; 3) Hazardous materials should be stored in a secondary container and removed to a locked indoor area with an impervious floor during non-work hours; 4) A contact name and number for the person responsible for the post-construction maintenance of the stormwater management system should be identified on the plan.  The inspection and maintenance plan for the detention basin should be expanded to include inspection and maintenance of catch basins.

5)                  The Commission received a letter dated June 1, 2015, from Dave Nafis, contracted Town Engineer, in which he states that he reviewed the plans revised to April 27, 2015, and after a phone conversation with the design engineer to clarify some concerns.  All he recommends is that a handicapped parking space be provided.

 

Now Therefore It Resolved, that pursuant to Section 8 of the Bethany Zoning Regulations, amended to February 27, 2015, the Bethany Planning and Zoning Commission approves Application #2014-008 from Jason Cogle (SFM Storage, LLC) for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit for an 84-foot by 100-foot storage building and associated site work located at               12 Pleasant Drive based on the following plans prepared by Nowakowski, O’Bymachow and Kane, Engineers and Land Surveyors, Shelton, Connecticut:

a.       “Site Development & Soil Erosion Control Plan Prepared For SFM Storage, LLC”, dated November 7, 2014, revised to April 27, 2015.

b.      “Septic Plan Prepared For SFM Storage, LLC”, dated November 7, 2014, revised to April 27, 2015.

c.       “Landscaping and Lighting Plan Prepared For SFM Storage, LLC”, dated January 14, 2015, revised to January 23, 2015.

d.      “Plot Plan, Lot 27, Blue Ridge Acres Prepared For SFM Storage, LLC”, dated January 15, 2015, revised to January 23, 2015.

 

And with the following condition:

1)      No screening onsite.

 

 

3.      117 Amity Road (Graduate Institute), Application #2015-009 submitted by Rhonda Bielik for an Additional Business Use  It was moved by Buchta and seconded by Sullivan to grant the withdrawal by the applicant of Application #2015-009.

Unanimous approval.

  

 

 

 

 

 

 

4.      Discuss future Land Use Plan (possible insertion in Town Plan of Conservation & Development)  Tabled.

 

 

5.      Discussion regarding types of signsTabled.

 

 

6.      Discussion regarding the rewriting of the current Zoning RegulationsTabled.

 

 

7.      50 Hunters Trail (Sun Gold Stables), Discussion regarding second equine business operating from the property – ZEO will prepare letter to property owner.  Tabled.

 

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Sullivan and seconded by Shea to adjourn the regular meeting at 8:32 p.m.

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

Unanimous approval.

 

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning Commission