Monday, December 14, 2015


NUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, NOVEMBER 4, 2015       Page 1 of 7

The regular meeting of the Planning and Zoning Commission was called to order at 7:06 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, Chair

            Michael Calhoun, Member

            Douglas Goldner, Member

            Donna Shea, Member

            Bradford Buchta, Alternate Member, seated as a voting member

            Carol Lambiase, Alternate Member

            Eric McDonald, Alternate Member

 

The following Commission Member was absent:

            Michael Sullivan, Vice-Chairman

 

Also present were:

             Hiram Peck, Planning Consultant

             Isabel Kearns, Zoning Enforcement Officer  

 

 

APPROVAL OF MINUTES

            

1.      It was moved by Buchta and seconded by Shea to approve, as submitted, the minutes of the October 7, 2015, Regular Meeting.

Abstaining was:  Calhoun.

Voting for:  Brinton, Goldner, Shea, Buchta.

Unanimous approval.

 

2.      It was moved by Calhoun and seconded by Shea to approve the minutes of the      October 21, 2015, Special Meeting with the following amendment:

·         Page 2, Third Paragraph – Reads “2) Signs shall be complaint with conditions in the Zoning Regulations and approved by the Zoning Enforcement Officer.”  Change to “2) Signs shall be compliant with conditions in the Zoning Regulations and approved by the Zoning Enforcement Officer.”

Abstaining were:  Goldner, Buchta.

Voting for:  Brinton, Calhoun, Shea.

Unanimous approval.

 

 

BILLS

 

1.      It was moved by Calhoun and seconded by Goldner to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for October 2015, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from Quinnipiack Valley Health District, dated June 2, 12015, Re:  Approval of proposed septic system for 33 Old Amity Road.

2.      Memo from Isabel Kearns, Zoning Enforcement Officer, dated October 8, 2015, Re:  Comments on review of 33 Old Amity Road.

3.      Letter from Rod White, Fire Marshal, dated November 3, 2015, Re:  Comments on review of Application #2015-024, 55 Sargent Drive.

4.      Letter from Regional Water Authority, dated November 4, 2015, Re:  Comments on review of application for 55 Sargent Drive, construction equipment storage and office space.

5.      Copy of Inland Wetlands Permit #1250 approved on October 26, 2015, to construct an addition at property located at 116 Old Amity Road.

6.      Email from Eric Frieden of the Clean Energy Task Force, dated October 8, 2015, Re:  Wind Study performed at the Airport Property.

 

 

PUBLICATIONS AND WORKSHOPS

 

1.      Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Fall 2015.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT

 

Isabel Kearns, ZEO, reported on the following:       

·         Submitted a list of Building Permits dated November 4, 2015.

·         6 Sargent Drive - Tree Warden Ray Pantalone satisfied on plantings and has a concern with the mulch being used.

·         286 Falls Road – Meet with property owner and he has discarded some of the junk.  Property owner will also be locating a fence for screening.

·         63 Sargent Drive and 429, 437 and 443 Fairwood Road – Forwarded this violation to Town Attorney and have not heard back.  Hiram Peck to contact First Selectman.

·         171 Amity Road – Some confusion with Quinnipiack Valley Health District.

Hiram Peck to contact First Selectman.

·         33 Deerfield Lane – Violation with two sheds on property with no residence.     Hiram Peck to contact First Selectman.

 

 

 

 

 

 

 

 

 

 

 

 

NEW BUSINESS

 

1)      33 Old Amity Road, Application #2015-020 submitted by Wayne Zirolli for Two New Use permits – Concrete Business and Sale of Earth Materials and Cement

 

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

 

Isabel Kearns, Zoning Enforcement Officer, recommended the Commission schedule a public hearing.  It was moved by Calhoun and seconded by Shea to schedule a public hearing date of Wednesday, December 2, 2015, at 7:15 p.m. in the Commission Meeting Room.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Wednesday, December 2, 2015.  Tabled.

 

 

2)      33 Old Amity Road, Application #2015-021 submitted by Wayne Zirolli for Site Development Plan/Commercial Development and a 6’ by 4’ freestanding sign

 

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

 

Isabel Kearns, Zoning Enforcement Officer, recommended the Commission schedule a public hearing.  It was moved by Calhoun and seconded by Shea to schedule a public hearing date of Wednesday, December 2, 2015, at 7:15 p.m. in the Commission Meeting Room.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Wednesday, December 2, 2015.  Tabled.

 

 

3)      33 Old Amity Road, Application #2015-022 submitted by Wayne Zirolli for Special Exception for Outside Storage of earth materials for sale and forms

 

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

 

Isabel Kearns, Zoning Enforcement Officer, recommended the Commission schedule a public hearing.  It was moved by Calhoun and seconded by Shea to schedule a public hearing date of Wednesday, December 2, 2015, at 7:15 p.m. in the Commission Meeting Room.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Wednesday, December 2, 2015.  Tabled.

 

 

 

 

 

 

 

 

4)      33 Old Amity Road, Application #2015-023 submitted by Wayne Zirolli for Special Exception for Earth Removal, Excavation, Filling, Stockpiling and Grading

 

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

 

Isabel Kearns, Zoning Enforcement Officer, recommended the Commission schedule a public hearing.  It was moved by Calhoun and seconded by Shea to schedule a public hearing date of Wednesday, December 2, 2015, at 7:15 p.m. in the Commission Meeting Room.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Wednesday, December 2, 2015.  Tabled.

 

 

5)      55 Sargent Drive, Application #2015-024 submitted by TSC Properties LLC for a Change of Use – Storage of Construction Equipment inside building

 

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

 

Isabel Kearns, ZEO, stated that Quinnipiack Valley Health Department has not given their approval at this time.  QVHD would like the applicant to do test pits to find if there is another location for a septic system if the present one fails.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Wednesday, December 2, 2015.  Tabled.

 

 

6)      Discussion with Derek Iwaszkiewicz regarding 43 and 53 Atwater Road

 

Present for the informal discussion was Derek Iwaszkiewicz who was representing the owners.

 

In discussion, Mr. Iwaskiewicz noted:

·         Working with DEEP to clean up property (former gun club).

·         Submitted seven page packet entitled “Bethany Agricultural Center”.

·         Submitted three page packet with cover page “Family Home Plans”.

·         Reviewed concepts with Commission.

·         Will be talking to the Inland Wetlands Commission.

 

Hiram Peck, Planning Consultant, will review to see if in conjunction with the Zoning Regulations.

 

 

 

 

 

 

 

 

OLD BUSINESS

 

1.      116 Old Amity Road, Application #2015-016 submitted by Kim McClure Brinton/Country Companions for a Site Plan Modification to construct an addition -

 

Member and Chair Kim Brinton recused herself from the Commission.   Member Calhoun was Acting Chair for this application.

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.

 

It was moved by Goldner and seconded by Shea to approve the following resolution for Application #2015-016:

 

Whereas, Kim McClure Brinton applied on October 7, 2015, to the Bethany Planning and Zoning Commission for a Site Plan Modification for a 14’-6” by 16’-8” addition to be used as a crate room for animals located at 116 Old Amity Road;

 

Whereas, the Commission, at its regular meeting of November 4, 2015, considered the application information, statement of use, testimony and other pertinent information relating to a request for a site plan modification for a 14’-6” by 16’-8” addition to be used as a crate room for animals located at 116 Old Amity Road;

 

Now Therefore the Commission makes the following findings of fact:

1)                  The Commission received Permit #1670 dated September 23, 2015, from Quinnipiack Valley Health District which was issued for a 14’-6” by 16’-8” addition.

2)                  Roderick White, Fire Marshal, signed off on the back of the application form on November 3, 2015, indicating his approval.

3)                  The Commission received correspondence from Ron Walters (South Central Connecticut Regional Water Authority dated October 2, 2015, in which he stated he has no comments.  

4)                  The Commission received a copy of Inland Wetland Permit #1250 approved on October 26, 2015.

 

Now Therefore Be It Resolved, that pursuant to Section 5.5.A. of the Bethany Zoning Regulations, last effective date of February 27, 2015, the Bethany Planning and Zoning Commission approves the Site Plan Modification for a 14’-6” x 16’-8” addition to be used as a crate room for the animals located at 116 Old Amity Road as presented in the application, statement of use and testimony with the following condition:

1.      A building permit must be issued prior to the construction of the addition.

Voting for:  Calhoun, Goldner, Shea, Buchta.

Unanimous approval.

 

 

 

 

 

 

 

2.      48 Mesa Drive, Application #2015-019 submitted by James Woodward for a five (5) Lot Subdivision – Public hearing is scheduled for December  2015.  Tabled.

 

 

3.      Continue discussion with Tony Falcone regarding possible future ideas for creating a cluster zone concept for saving the golf course at Woodhaven Golf Club, 275 Miller Road, Bethany – To be removed from agenda.

 

 

4.      Discuss future Land Use Plan (possible insertion in Town Plan of Conservation & Development)  Hiram Peck, Planning Consultant, stated he is waiting for map copies from New England Geosystems.  Tabled.

 

 

5.      Discussion regarding types of signs – To be removed from agenda.

 

 

6.      Discussion regarding the rewriting of the current Zoning Regulations – Hiram Peck, Planning Consultant, submitted a letter dated November 3, 2015, Re:  Zoning Regulation Revisions Tentative Schedule.  Tabled.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Calhoun and seconded by Shea to adjourn the regular meeting at 9:00 p.m.

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

Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission