MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, SEPTEMBER
2, 2015 Page 1 of 7
The following Commission Members
were present:
Kimberly McClure Brinton, Chair
Michael Calhoun, Member
Donna Shea, Member
Bradford Buchta, Alternate Member
Carol Lambiase, Alternate Member,
seated as a voting member
Eric
McDonald, Alternate Member, seated as a voting member
The
following Commission Members were absent:
Michael Sullivan, Vice-Chairman
Douglas Goldner, Member
Also present were:
Hiram
Peck, Planning Consultant
Isabel
Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
Unanimous approval.
BILLS
1.
It was moved by Calhoun and seconded by Lambiase to
approve the payment of $1,200.00 (monthly pro rata basis), for services
rendered for August 2015, by Hiram
W. Peck III, AICP, Planning Consultant.
Voting
for: Brinton, Calhoun, Shea, Lambiase,
McDonald.
Unanimous
approval.
2. It
was moved by Lambiase and seconded by Calhoun to approve the payment of $105.00
for recording services rendered at the public hearing held on September 2,
2015, (67 Mesa Drive) by Anne Sohon.
Voting were: Brinton, Calhoun, Shea, Lambiase, McDonald.
Unanimous
approval.
GENERAL CORRESPONDENCE
1.
Letter from Isabel Kearns, ZEO, to Anthony Vallillo
dated August 6, 2015, Re: 788
Amity Road, email received regarding dogs and hours of operation.
2.
Letter from Isabel Kearns, ZEO, to Mr. & Mrs.
William Grieger, dated August 12, 2015, Re:
Notice of Violation, Use Permits from tenants, 429, 437, 443 Fairwood
Road.
3.
Letter from Isabel Kearns, ZEO, to Mr. & Mrs.
William Grieger, dated August 12, 2015, Re:
Second Notice of Violation, Use Permits from tenants, 63 Sargent Drive.
4.
Letter from Isabel Kearns, ZEO, to Mr. & Mrs.
Michael Patel, dated August 14, 2015, Re:
Notice of Violation, Landscaped plantings, 6 Sargent Drive.
5.
Letter from Isabel Kearns, ZEO, to Mr. Christopher
Lussier, dated August 24, 2015, Re:
Second Notice of Violation, Junkyards, 286 Falls Road.
6.
Letter from Isabel Kearns, ZEO, to Ms. Sharon Stoyer,
dated August 27, 2015, Re: Matter
resolved, unregistered motor vehicles, 108 Miller Road.
7.
Letter from Isabel Kearns, ZEO, to Mr. & Mrs. Roger
Kergaravat, dated August 27, 2015, Re:
Matter resolved, storage container, 23 Carriage Drive.
8.
Notification from Prospect Planning and Zoning
Commission, dated August 5, 2015, Re:
Proposed amendments to Prospect Zoning Regulations: Commercial Outdoor Recreational Uses.
PUBLICATIONS AND WORKSHOPS
1. The Connecticut Landscape Architect, Summer
2015.
ZONING ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, ZEO, reported on the following:
·
Submitted
report on Building Permits dated September 2, 2015.
·
33
Old Amity Road – Owner will
be submitting application for construction of building in October.
·
63
Sargent Drive and 429, 437 and 443 Fairwood Road – Sent Notice of Violation but Grieger’s
have not responded. Next will issue
Cease and Desist. Received a complaint
of someone working on cars late at night at 63 Sargent Drive and approval states
no automobile repair. Hiram Peck,
Planning Consultant, recommended asking owners if you can investigate the
property and if you don’t hear back then take action.
·
6
Sargent Drive – Working with
owner on approved planting plan.
·
286
Falls Road – Property owner
has a lot of junk in back. Neighbor
selling their home and would like removed.
Issued a violation notice.
At 7:20 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 that on the application and
statement of use it lists 2 full bathrooms and a craft room but there will only
be 1 full bathroom and no craft room. Ms. Kearns asked that the applicant
amend the application and statement of use.
Present for the public hearing was
Bill Turner of Connecticut Basement Finishing, applicant. Mr. Turner amended the application and
statement of use and submitted new plans dated September 2, 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 – Plans submitted by
Bill Turner entitled, “Partial Basement
Finishing Project”, dated September 2, 2015, with no revisions prepared by
Total Basement Finishing.
Also, Ms. Kearns stated that the application meets all the
regulation requirements and the applicant has received all department signoffs.
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 7:34 p.m., it was moved by Calhoun
and seconded by Shea to close the public hearing on the subject application.
Voting
for: Brinton, Calhoun, Shea, Lambiase,
McDonald.
Unanimous
approval.
Voting were: Brinton, Calhoun, Shea, Lambiase, McDonald.
Unanimous approval.
Whereas, Connecticut Basement Finishing applied to the Commission on August 5,
2015, for a Special Exception Permit for a 608 square foot accessory apartment (including
bath, bedroom, kitchen and family room) to be located within a portion of the
basement of the existing home located at property known as 67 Mesa Drive;
Whereas, the Planning and Zoning Commission received an e-mail addressed to
Isabel Kearns, Zoning Enforcement Officer, dated July 30, 2015, in which Paul Bukowski, owner of 67 Mesa
Drive, authorized Connecticut Basement Finishing to apply to the Planning and Zoning
Commission on their behalf for this accessory apartment;
Whereas, the Planning and Zoning Commission opened a
public hearing on Application
#2015-015 for a Special Exception Permit for an accessory apartment
located at 67 Mesa Drive on September 2, 2015.
Said 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:
- Alexis Rinaldi, Quinnipiack Valley
Health District Representative, signed off on the back of the application
form on July 28, 2015, indicating her approval of the accessory apartment.
- Roderick White, Fire Marshal, signed off
on the back of the application form on
August 28, 2015, stating that he has no jurisdiction over single
family homes.
- The application and Statement of Use
dated July 31, 2015, demonstrate that the proposed accessory apartment
would contain only 608 square feet of living space, and the Town of
Bethany Zoning Regulations allows a maximum of 700 square feet of living
space.
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
Connecticut Basement Finishing for a Special Exception Permit for a 608 square
foot accessory apartment (Application #2015-015) (including bath,
bedroom, kitchen and family room only) as
shown on submitted floor plan entitled “Partial Basement Finishing Project”,
dated September 2, 2015, with no revisions prepared by Total Basement Finishing
and as per the Statement of Use dated July 31, 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.
3)
Craft
room and common entry area are not a part of this accessory apartment.
Voting
were: Brinton, Calhoun, Shea, Lambiase,
McDonald.
Unanimous
approval.
Voting
were: Brinton, Calhoun, Shea, Lambiase,
McDonald.
Unanimous
approval.
OTHER BUSINESS
ADJOURNMENT
Respectfully submitted,
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
