MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, AUGUST 5,
2015 Page 1 of 9
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
Carol Lambiase, 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.
Goldner abstained.
Unanimous approval.
BILLS
1. It
was moved by Sullivan and seconded by Calhoun to approve the payment of $1,200.00
(monthly pro rata basis), for services rendered for June 2015, by Hiram W. Peck
III, AICP, Planning Consultant.
Voting for: Brinton, Sullivan, Calhoun, Goldner, Shea.
Unanimous approval.
2.
It was moved by Calhoun and seconded by Sullivan to
approve the payment of $1,200.00 (monthly pro rata basis), for services
rendered for July 2015, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Brinton, Sullivan, Calhoun, Goldner, Shea.
Unanimous
approval.
3. 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 August 5, 2015, (73 Carrington Road) by Anne Sohon.
Voting were: Brinton, Sullivan, Calhoun, Goldner, Shea.
Unanimous approval.
GENERAL CORRESPONDENCE
1.
Letter from South Central Connecticut Regional Water
Authority, dated July 30, 2015, Re:
Comments on review of 73 Carrington Road, in-law apartment.
2.
Letter from Isabel Kearns, ZEO, to Ms. Luiza Ruest of
50 Hunters Trail, dated July 6, 2015, Re:
Cease and Desist Order, 50 Hunters Trail, two businesses operating from
same property.
3.
Letter from Isabel Kearns, ZEO, to Anthony Vallillo,
dated July 9, 2015, Re: Zoning Inquiry,
788 Amity Road, Number of dogs on site and hours of operation.
4.
Letter from Isabel Kearns, ZEO, to James Flannery,
dated July 10, 2015, Re: Zoning Inquiry,
27 Miller Road, Someone living in camper on property.
5.
Letter from Isabel Kearns, ZEO, to Sharon Stoyer, dated
July 10, 2015, Re: Notice of Violation,
108 Miller Road, unregistered motor vehicles.
6.
Letter from Isabel Kearns, ZEO, to Christopher Lussier,
dated July 31, 2015, Re: Notice of
Violation, 286 Falls Road, Junkyards and private dumps.
7.
Letter from Isabel Kearns, ZEO, to Mr. and Mrs. William
Grieger, dated July 20, 2015, Re: Notice
of Violation, 63 Sargent Drive, Car repair work being conducted late at night.
8.
Letter from Isabel Kearns, ZEO, to Mr. and Mrs. William
Grieger, dated July 20, 2015, Re: Notice
of Violation, 429, 437 and 443 Fairwood Road, Necessary “use permits” for
tenants.
9.
Letter from Isabel Kearns, ZEO, to Mr. and Mrs. Michael
Patel, dated July 21, 2015, Re: Zoning
Inquiry, 6 Sargent Drive, Landscaped plantings.
10. Letter
from Bruce Loomis, Chairman of the Conservation Commission to the Board of
Selectmen, dated July 15, 2015, Re:
Clifford Estates, James Woodward, Conservation Commission has not
approved project.
11. Email
from Eugene Livshits of the South Central Regional Council of Governments,
dated July 2, 2015, Re: Referral from
the Town of Cheshire Zone Text Amendment.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Federation of Planning and Zoning
Agencies Quarterly Newsletter, Summer 2015.
2. Connecticut Conference of Municipalities
Annual Convention, October 20, 2015, Hartford, Connecticut.
ZONING ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, ZEO, reported on the following:
·
Submitted
report on Building Permits dated August 5, 2015.
·
788
Amity Road – Zoning Inquiry regarding amount of dogs at facility and hours when
dogs are kept outside. I was contacted
by Meredith Vallillo and was told she only has 25 dogs on property and they are
following hours allowed for dogs outside at facility.
·
Discussed
excessive signage on Route 63 for businesses and some signs in State
right-of-way. Hiram Peck will research
and get more information back to the Commission.
At 7:23 p.m., Chair Brinton called the public hearing to
order. Roll call was taken. Chair Brinton read the legal notice for the
public hearing. Chair Brinton reviewed
the complete application file.
Isabel Kearns, ZEO, stated the
applicants are asking to have an in-law apartment and that they meet all the
regulation requirements and have received all department signoffs.
Present for the public hearing was Darrell
Merchant, applicant and owner of record.
Hiram Peck, Planning Consultant,
stated that the Commission might want the applicant to think about whether the
accessory apartment can be deeded affordable housing which would also help the
Town get closer to their 10% affordable housing in Bethany. Also, Mr. Peck stated Bethany does not have a
regulation that requires this but the applicant can consider.
Chair Brinton asked if anyone from
the public would like to speak in favor of the application or against the
application. There were no comments.
At 7:43 p.m., it was moved by Sullivan
and seconded by Calhoun to close the public hearing on the subject application.
Voting
for: Brinton, Sullivan, Calhoun, Goldner,
Shea.
Unanimous
approval.
The Commission formally received the application. No one was present to speak on behalf of this
application.
The Commission received a letter from Luiza DaSilva, dated
July 13, 2015, regarding a request to waiver the fees for this zoning text
amendment application. The Commission
briefly discussed this and it was mentioned that Staff has spent hours on the
zoning violation at the applicants property and would like to discuss
further. Hiram Peck will put together a
breakdown of time spent for the next regular meeting scheduled on September 2,
2015. It was moved by Sullivan and
seconded by Calhoun to table the discussion on fees until the September 2,
2015, Regular Meeting. Unanimous approval.
It was moved by Sullivan and seconded by Shea to schedule a
public hearing date of Wednesday, October 7, 2015. Unanimous
approval.
The Commission formally received the application. No one was present to speak on behalf of this
application.
Whereas, Eric
Long, applicant, applied to the Planning and Zoning Commission on August 5, 2015 for a Home Occupation
Permit to operate a home office for a property management business located at
58 North Humiston Drive;
Whereas, Don
Long, owner of 58 North Humiston Drive, authorized his son, Eric Long, to apply
for a Home Occupation Permit for a property management business located at 58
North Humiston Drive in an e-mail dated July 28, 2015;
Whereas, the
Commission, at its regular meeting of August 5, 2015, 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)
Lynne Fox, Quinnipiack Valley Health District
Representative, signed off on the back of the application form on July 28,
2015, indicating approval.
2)
Rod White, Fire Marshal, signed off on the back of the
application form on July 28, 2015, indicating his approval.
3)
The Commission received an e-mail dated July 30, 2015, from
Ron Walters, Representative of South Central Connecticut Regional Water
Authority, in which he indicates that this property is not on the Regional
Water Authority’s Watershed.
4)
The Commission received an e-mail dated July 30, 2015,
from Cindy Gaudino, Representative of the Connecticut Water Company, in which
she indicates she has no comments.
Now Therefore Be It
Resolved, that pursuant to Section 4.3.E.4.b. of the Town of Bethany Zoning
Regulations, amended to February 27, 2015, the Bethany Planning and Zoning
Commission approves the application of Eric Long for a Home Occupation Permit
to operate a home office for a property management business located at 58 North
Humiston Drive, as outlined in the Statement of Use dated July 17, 2015.
Vote 5 to 0.
Voting for:
Brinton, Sullivan, Calhoun, Goldner, Shea.
Unanimous approval.
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, September 2, 2015, at 7:15 p.m. in the Commission Meeting Room
of the Bethany Town Hall. Tabled.
Whereas, Carol and Darrell Merchant, owners of 73 Carrington Road, applied to
the Planning and Zoning Commission on July 1, 2015, for a Special Exception
Permit for a 592.1 square foot
accessory apartment to be located within a newly proposed 24-foot by 24-foot addition to the existing home at
property known as 73 Carrington Road;
Whereas, the Planning and Zoning Commission opened a
public hearing on Application
#2015-011 for a Special Exception Permit for an accessory apartment
located at 73 Carrington Road on August 5, 2015. Said public hearing was closed at the
conclusion of testimony that same evening;
Now Therefore, the Planning and Zoning Commission makes
the following findings of fact and decisions regarding the application:
- Quinnipiack Valley Health District
approved Permit #1654 for an attached accessory apartment at 73 Carrington
Road on July 10, 2015.
- Roderick White, Fire Marshal, signed off
on the back of the application form and stated that he has no jurisdiction
over single family/in-law occupancy.
- The application and Statement of Use
dated June 29, 2015, demonstrates that the proposed accessory apartment
would contain only 592.1 square feet of living space, and the Town of
Bethany Zoning Regulations allows a maximum of 700 square feet of living
space.
- The Commission received a letter dated
July 30, 2015 from Ronald Walters of the South Central Connecticut
Regional Water Authority in which he states that he has no comment.
Now Therefore Be
It Resolved, that pursuant
to Section 4.4.J. of the Bethany Zoning Regulations, amended to February 27,
2015, the Bethany Planning and Zoning Commission approves the application of
Carol and Darrell Merchant for a Special Exception Permit for a 592.1 square
foot accessory apartment (#2015-011) as shown on the following submitted plans:
1. “Property Map”, dated July 15, 2015, with no
revisions, prepared John Paul Garcia & Associates, Bethany, Connecticut.
2. “Plans & Elevation”, dated July 30, 2015,
with no revisions, prepared DonMar, North Haven, Connecticut.
and as per the Statement
of Use dated June 29, 2015.
And with the
following conditions:
1)
The
owner of the property shall provide to the Commission an annual affidavit, due
prior to occupancy of the apartment and during the month of January each year,
to the effect that the accessory apartment continues to be in full compliance
with Section 4.4.J. of the Bethany Zoning Regulations.
2)
A
building permit for the accessory apartment must be submitted and approved by
the building official prior to any construction.
Vote 5 to 0.
Voting for:
Brinton, Sullivan, Calhoun, Goldner, Shea.
Unanimous approval.
Isabel Kearns, ZEO, stated that an ad for Request for
Proposal was published in New Haven Register for the rewriting of the
regulations and the deadline is August 31, 2015 at 4:00 p.m.
OTHER BUSINESS
Executive Session with First Selectwoman Derry Gorski regarding
Personnel and Contracts –
At
8:35 p.m., it was moved by Sullivan and seconded by Calhoun for the Commission
to enter into an executive session.
Derry Gorski, First Selectwoman and Hiram Peck, Planning Consultant,
were invited into the executive session.
Unanimous approval.
At
8:54 p.m., it was moved by Sullivan and seconded by Shea 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.
ADJOURNMENT
Voting
were: Brinton, Sullivan, Calhoun,
Goldner, Shea.
Respectfully submitted,
Antonia R. Marek, Clerk
