The following Commission Members
were present:
APPROVAL OF MINUTES
·
Page 6, Third Paragraph from bottom – Reads
“Town Attorney Kevin McSherry stated in regard to the open space the Town of
Bethany…” Change to “Town Attorney Kevin McSherry stated in regard to the open
space that the Town of Bethany…”
Unanimous approval.
·
Under Commission Members present, Remove second
Michael Calhoun and add Donna Shea.
1.
It was moved by Sullivan and seconded by Goldner to
approve the payment of $1,200.00 (monthly pro rata basis), for services
rendered for February 2016, 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 a bill for $105.00, dated March 2, 2016, from Anne Sohon
for recording services for the public hearing (33 Old Amity Road).
Voting for: Brinton, Sullivan, Calhoun, Goldner, Shea.
3.
It was moved by Sullivan and seconded by Calhoun to
approve the payment of a bill for $110.00, dated March 1, 2016, from the
Connecticut Federation of Planning and Zoning Agencies for membership dues
through March 31, 2017.
Voting for: Brinton, Sullivan, Calhoun, Shea, Buchta.
1.
Memo from Hiram Peck, Planning Consultant, dated
February 28, 2016, Re: Comments on
review of revised plans to February 15, 2016, and site visit on February 20,
2016, for 33 Old Amity Road.
2.
Letter from Quinnipiack Valley Health District, dated
February 18, 2016, Re: Comments on
review of plans for 4 Peck Road revised submission in 2016.
3.
Email from Bruce Loomis, Conservation Commission
Chairman, dated February 12, 2016, Re:
Comments on Woodward site visit and participation in the review of the
Zoning Regulations.
At 7:16 p.m., Chair Brinton called the public hearing to
order. Roll call was taken. Chair Brinton read the notice of
continuation for the public hearing.
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 3A – Memo from Hiram
Peck, Planning Consultant, dated February 28, 2016, Re: Review of revised plans and notes from site
walk of 33 Old Amity Road.
Present to speak on behalf of these applications was Wayne
Zirolli, P.E./L.S., representing the property owner Manual Preta, who was also
present.
Some items mentioned by Mr. Zirolli were:
·
Revised the first three sheets of plans revised
to February 15, 2016.
·
Site does need some cleanup.
·
The applicant would like to remove the fence on
Teddy B’s side and clean up the area.
·
Have received Hiram Peck comments, dated February
28, 2016, and will comply to make site acceptable for the town of Bethany.
Some concerns by the Commission were:
·
Type of fencing.
·
What will be stored in building? (Applicant
answered building forms, concrete materials, cement blocks and some vehicles.)
·
Anything combustible in building needs to be
told for the Fire Department.
·
Need to have outside storage area on plan.
Chair Brinton asked if anyone from
the public would like to speak in favor or against the application. There was no public comment.
At 7:27 p.m. it was moved by
Sullivan and seconded by Shea to close the public hearing on the subject
application.
Unanimous
approval.
Present to speak on behalf of the application was Deborah
Demander, owner of record.
Mrs. Demander briefly reviewed the application and noted
during discussion:
·
Submitted a brief history of land.
·
No building lots approved
·
When we went for a loan for building on Lot 6A
(putting Lot 6B up for collateral), the title search showed no record of the
lot split being approved by the Planning and Zoning Commission.
·
Trying to make the lot split official.
Town Attorney Kevin McSherry noted:
·
The division of land map was done properly but
nothing noted in the minutes.
·
Lots are not building lots at this time.
·
Need to recognize the division between 51 and 71
Fairwood Road.
·
Do not need application.
It was moved by Sullivan and
seconded by Calhoun to approve the following motion:
That the Planning and Zoning
Commission approve the land division of Lot 6A and Lot 6B into separate lots as
shown on the map entitled, “Re-subdivision, Estate of Sherman P. Woodward,
Fairwood/Falls/Pole Hill Rds., Bethany, CT”, dated June 26, 1996, revised to
September 29, 1999, prepared by John Paul Garcia & Associates, Bethany,
Connecticut. Lot 6A and Lot 6B are
not residential building lots unless and until approved as residential building
lots by the Planning and Zoning Commission
Vote 5 to 0.
Voting for: Brinton, Sullivan, Calhoun, Shea, Goldner.
Unanimous
approval.
The Commission formally received the application. No one
was present to speak on behalf of the application. The Commission scheduled a public hearing
date of Wednesday, May 2, 2016, at 7:15 p.m.
It was moved by Sullivan and seconded
by Calhoun to consult Attorney Peter S. Olson, Land Use & Conservation
Counsel, to review the resubmittal Application #2016-002 for 4 Peck Road to
obtain approval of “Set-Aside Development” for new construction of a 4-unit
multi-family dwelling in accordance with C.G.S. 8-30g, amend the Zoning
Regulations for “Set-Aside Development” and the Zoning Map.
Vote
5 to 0.
Voting for: Brinton, Sullivan, Calhoun, Shea, Goldner.
Unanimous
approval.
It was moved by Calhoun and
seconded by Shea to approve the following resolution for Application #2015-019:
Whereas, Alan Shepard, P.E. for Nowakowski,
O’Bymachow, Kane & Associates, applied for a 5-Lot Subdivision of 48 Mesa
Drive on October 7, 2015;
Whereas, Mr.
James Woodward, owner of 48 Mesa Drive, authorized Alan Shepard to act on his
behalf in the application for this 5-Lot Subdivision;
Whereas, the Commission opened a public hearing on
this application on December 2, 2015, and said hearing was recessed three times
to January 6, 2016, February 3, 2016, and March 2, 2016. The hearing was closed at the conclusion of
testimony on March 2, 2016;
Whereas, the Commission at its regular meeting also
held March 3, 2016, considered the maps, testimony, and other pertinent
application information relating to a request for a 5-Lot Subdivision of 48
Mesa Drive;
Now Therefore, the Commission makes the following
findings of fact and decision regarding the application:
1)
The Commission received correspondence dated November
16, 2015, from the South Central Connecticut Regional Planning Commission in
which they state that the subdivision application does not appear to cause any
inter-municipal impacts nor does there appear to be impacts to the habitat and
ecosystem of the Long Island Sound. They
also state that the application does not meet the 20 percent open space
requirement and that the road should be able to accommodate emergency vehicles.
(Exhibit 1A)
2)
The Commission received correspondence dated November
9, 2015, from the Naugatuck Valley Council of Governments in which they
encourage the Town of Bethany to work with the Town of Beacon Falls on future
residential development along Clifford Drive for coordination of municipal
service delivery.(Exhibit 1B)
3)
The Commission received a letter from Bruce Loomis,
Chairman of the Conservation Commission which was received January 6, 2016, in
which he raised concerns with the amount of proposed open space. (Exhibit 1C)
Mr. Loomis subsequently submitted an e-mail dated January 28, 2016, in
which he states that the Conservation Commission has met with the applicant and
looks forward to continuing to work with all parties to make this valuable open
space and trail like a reality.
4)
The Commission received correspondence from David
Nafis, contracted Town Engineer, dated December 2, 2015, in which he had 12
concerns/comments. (Exhibit 1D) The
Commission subsequently received any e-mail from Mr. Nafis dated January 27,
2016, in which stated the all of the concerns/comments he raised in his letter
of December 2, 2015, have been addressed.
5)
The Commission received correspondence dated March 5,
2015 from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District in
which they state that they detected soil conditions in areas designated for
individuals subsurface sewage disposal systems for all five lots that indicate
that the minimum requirements of the appropriate sections of the Connecticut
Public Health Code were observed for the five 4-bedroom homes.(Exhibit 1E)
6)
The Commission received a comment letter from the
Zoning Enforcement Officer dated October 9, 2015.(Exhibit 1I) The Commission then received correspondence
dated January 18, 2016, from Nowakowski, O’Bymachow, Kane & Associates in
response to the Zoning Enforcement Officer’s comment letter of October 9,
2015.(Exhibit 2B)
7)
The Commission received a letter dated February 3,
2016, from Michael Katzmark, Water Source Officer for the Bethany Volunteer
Fire Department in which he states: 1)
The plans must be modified and resubmitted to include driveways over 500 feet
must be 14 feet wide and include a labeled pull off located at the approximate
midpoint of the driveway. Driveways
shall be constructed as per the driveway specifications of the Town of
Bethany. 2) House numbers shall be
placed at the driveway at the corner of the road. Also house numbers shall be placed at each
individual driveway. House numbers shall
be shown in such a way that emergency vehicles entering each will be guided to
the given address structure. Each
structure will have a number that is clearly visible from the driveway. 3) The
water source configuration currently meets the Town’s fire suppression tank
specifications. The plans will need to
be modified and resubmitted to include a tank that is sized for 30,000 gallons,
drafting, fill, and inspection piping details, a completed submittal package as
required for review will be submitted prior to the start of construction and
permits are issued.(Exhibit 2J)
8)
The Commission received minutes from a special meeting
of the Inland Wetlands Commission dated May 19, 2014, in which they approve the
latest revised plans for the 5-lot subdivision for what was then labeled 46
Mesa Drive. The following plans included
in this approval were all last revised March 3, 2014, and include the Record
Subdivision Map, Overall Site Plan (100 Scale), Site Development Plan (2
Sheets), Plan & Profile, Detention Basin Detail, Construction Details, Soil
Test Data, Road Soil Erosion & Sedimentation Control Plan. The Wetland Crossing Detail plan was dated
April 11, 2014 with no revisions.
Now Therefore Be It Resolved,
that pursuant to the Subdivision Regulations of the Town of Bethany, effective
February 27, 2015, Application #2015-019, from James Woodward, for a 5-Lot
Subdivision of 48 Mesa Drive, which is being held in conjunction with
Application #2015-028 for a Special Exception Earth Removal, Excavation, Filling,
Stockpiling and Grading Permit, is approved, as shown on the following plans
prepared by Nowakowski, O’Bymachow, Kane, Associates, Shelton, Connecticut:
A.
“Record Subdivision Map”, dated May 6, 2011, revised to
January 15, 2016.
B.
“Overall Site Plan (100 Scale)”, dated April 9, 2011,
revised to January 15, 2016.
C.
“Site Development Plan (1 of 2), dated April 9, 2011,
revised to January 15, 2016.
D.
“Site Development Plan (2 of 2), dated April 9, 2011,
revised to January 15, 2016.
E.
“Plan & Profile – Clifford Drive”, dated April 9,
2011, revised to January 15, 2016.
F.
“Sight Line Map (Sheet 1 of 2), dated January 15, 2016,
with no revisions.
G.
“Sight Line Map (Sheet 2 of 2), dated January 15, 2016,
with no revisions.
H.
“Detention Basin Detail”, dated April 9, 2011, revised to
April 29, 2015.
I.
“Construction Details (Sheet 1 of 2), dated April 9,
2011, revised to January 15, 2016.
J.
“Construction Details (Sheet 2 of 2), dated January 15,
2016, with no revisions.
K.
“Wetland Crossing Detail”, dated April 11, 2014,
revised to April 29, 2015.
L.
“Soil Test Data”, dated May 8, 2011, revised to April
29, 2015.
M.
“Soil Test Data”, dated May 8, 2011, revised to April
29, 2015.
N.
“Road Soil Erosion & Sedimentation Control Plan –
Clifford Drive”, dated May 5, 2011,
revised to January 15, 2016.
And with the following
conditions:
1)
The piece of old heavy equipment/earth machinery that
is located within the open space offering will be removed from the property by
the applicant prior to the filing of the mylar.
2)
The turnoff for Lot 3 shall be moved up to the
approximate mid-point of the driveway per the comments of Michael Katzmark,
Water Source Officer for the Bethany Volunteer Fire Department during the
public hearing on February 3, 2016.
3)
The Open Space map shall be filed at the same time the Subdivision
Map is being filed on the land records.
4)
The applicant shall clear the open space paths of any
boulders, trees, and outcrops so that it is passable and functional in
consultation with the Bethany Land Trust.
5)
Per the letter of Michael Katzmark, Water Source
Officer for the Bethany Volunteer Fire Department, 1) The plans must be
modified and resubmitted to include driveways over 500 feet must be 14 feet
wide and include a labeled pull off located at the approximate midpoint of the
driveway. Driveways shall be constructed
as per the driveway specifications of the Town of Bethany. In short the driveway will be constructed as
per the driveway specifications the Town of Bethany has adopted. 2) House numbers shall be placed at the
driveway at the corner of the road. Also
house numbers shall be placed at each individual driveway. House numbers shall be shown in such a way
that emergency vehicles entering each will be guided to the given address
structure. Each structure will have a
number that is clearly visible from the driveway. 3) The
water source configuration currently meets the Town’s fire suppression tank
specifications. The plans will need to
be modified and resubmitted to include a tank that is sized for 30,000 gallons,
drafting, fill, and inspection piping details, a completed submittal package as
required for review will be submitted prior to the start of construction and
permits are issued. In short the tank
will be constructed as per the specifications and requirements the Town of Bethany
has adopted.(Exhibit 2J)
6)
Prior to any vertical construction, the fire
suppression water tank shall be installed, inspected and certified by Michael
Katzmark, Water Source Officer for the Bethany Volunteer Fire Department,
7)
Bonds for erosion and soil sedimentation controls for
both the road and driveways shall be in an amount approved by Town Engineer and
in a form acceptable to Town Attorney.
8)
Expiration date to be in accordance with Connecticut
General Statutes.
Vote 5 to 0.
Voting for: Brinton, Sullivan, Calhoun, Shea, Goldner.
Unanimous
approval.
It was moved by Sullivan and
seconded by Calhoun to approve the following resolution for Application
#2015-028:
Whereas, Alan Shepard, P.E. for Nowakowski,
O’Bymachow, Kane & Associates, applied for a Special Exception Earth
Removal, Excavation, Filling, Stockpiling and Grading Permit for property
located at 48 Mesa Drive on November 30, 2015;
Whereas, James Woodward, owner of 48 Mesa Drive,
authorized Alan Shepard, P.E. of Nowakowski, O’Bymachow, Kane & Associates,
to act as his agent for the Application for a Special Exception Earth Removal,
Excavation, Filling, Stockpiling and Grading Permit;
Whereas, this
application is being heard in conjunction with the 5-Lot Subdivision of 48 Mesa
Drive (Application #2015-019);
Whereas, the Commission opened a public hearing on
this application on January 6, 2016, and said hearing was recessed twice to
February 3, 2016, and March 2, 2016. The
hearing was closed at the conclusion of testimony on March 2, 2016;
Whereas, the Commission at its regular meeting also
held March 2, 2016, considered the maps, testimony, and other pertinent
application information relating to this application for a Special Exception
Earth Removal, Excavation, Filling, Stockpiling and Grading Permit, which is
associated with Application #2015-019 for a 5-Lot Subdivision of 48 Mesa Drive;
Now Therefore, the Commission makes the following
findings of fact and decision regarding the application:
1)
The Commission received correspondence from David
Nafis, contracted Town Engineer, dated December 2, 2015, in which he had 12
concerns/comments. (Exhibit 1D) The
Commission subsequently received any e-mail from Mr. Nafis dated January 27, 2016,
in which stated the all of the concerns/comments he raised in his letter of
December 2, 2015, have been addressed.
2)
The Commission received correspondence dated March 5,
2015 from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District in
which they state that they detected soil conditions in areas designated for
individuals subsurface sewage disposal systems for all five lots that indicate
that the minimum requirements of the appropriate sections of the Connecticut
Public Health Code were observed for the five 4-bedroom homes.(Exhibit 1E)
3)
The Commission received a comment letter from the
Zoning Enforcement Officer dated October 9, 2015.(Exhibit 1I) The Commission then received correspondence
dated January 18, 2016, from Nowakowski, O’Bymachow, Kane & Associates in
response to the Zoning Enforcement Officer’s comment letter of October 9,
2015.(Exhibit 2B)
4)
The Commission received minutes from a special meeting
of the Inland Wetlands Commission dated May 19, 2014, in which they approve the
latest revised plans for the 5-lot subdivision for what was then labeled 46
Mesa Drive. The following plans included
in this approval were all last revised March 3, 2014, and include the Record
Subdivision Map, Overall Site Plan (100 Scale), Site Development Plan (2
Sheets), Plan & Profile, Detention Basin Detail, Construction Details, Soil
Test Data, Road Soil Erosion & Sedimentation Control Plan. The Wetland Crossing Detail plan was dated
April 11, 2014 with no revisions.
Now Therefore Be It Resolved, that pursuant to the
Zoning Regulations of the Town of Bethany, effective October 30, 2015,
Application #2015-028, from James Woodward, for a Special Exception Earth
Removal, Excavation, Filling, Stockpiling and Grading Permit, that is presented
in conjunction with Application #2015-019 for a 5-Lot Subdivision of 48 Mesa
Drive is approved, as shown on the following plans prepared by Nowakowski,
O’Bymachow, Kane, Associates, Shelton, Connecticut:
A.
“Record Subdivision Map”, dated May 6, 2011, revised to
January 15, 2016.
B.
“Overall Site Plan (100 Scale)”, dated April 9, 2011,
revised to January 15, 2016.
C.
“Site Development Plan (1 of 2), dated April 9, 2011,
revised to January 15, 2016.
D.
“Site Development Plan (2 of 2), dated April 9, 2011,
revised to January 15, 2016.
E.
“Plan & Profile – Clifford Drive”, dated April 9,
2011, revised to January 15, 2016.
F.
“Sight Line Map (Sheet 1 of 2), dated January 15, 2016,
with no revisions.
G.
“Sight Line Map (Sheet 2 of 2), dated January 15, 2016,
with no revisions.
H.
“Detention Basin Detail”, dated April 9, 2011, revised
to April 29, 2015.
I.
“Construction Details (Sheet 1 of 2), dated April 9,
2011, revised to January 15, 2016.
J.
“Construction Details (Sheet 2 of 2), dated January 15,
2016, with no revisions.
K.
“Wetland Crossing Detail”, dated April 11, 2014,
revised to April 29, 2015.
L.
“Soil Test Data”, dated May 8, 2011, revised to April
29, 2015.
M.
“Soil Test Data”, dated May 8, 2011, revised to April
29, 2015.
N.
“Road Soil Erosion & Sedimentation Control Plan –
Clifford Drive”, dated May 5, 2011,
revised to January 15, 2016.
And with the following conditions:
1.
A two-way sign stating “trucks entering highway” shall
be placed along Falls Road alerting passing motorists that trucks will be
entering highways.
Vote 5 to 0.
Voting for: Brinton, Sullivan, Calhoun, Shea, Goldner.
Unanimous
approval.
It was moved by Sullivan and
seconded by Shea to approve the following resolution for Application #2015-020:
Whereas,
Manuel Preta, owner of the property, authorized Mr. Wayne Zirolli, P.E./L.S. to
act as his agent for this application in a letter dated October 14, 2015;
Whereas, Wayne
Zirolli applied on November 4, 2015, to the Bethany Planning and Zoning
Commission for two New Use Permits to operate a concrete business and to sell
earth materials and cement located at 33 Old Amity Road. Said application is submitted in conjunction with
Application #2015-021 - Site Plan Approval to construct a 170-foot by 80-foot
building including associated site work and a 6-foot by 4-foot freestanding
sign; Application #2015-022 - Special Exception Outside Storage; Application #2015-023
- Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading
Permit;
Whereas, the
public hearing for these two new use permits to operate a concrete business and
to sell earth materials and cement products located at 33 Old Amity Road was
opened on January 6, 2016, and was recessed twice to February 3, 2016, and March
2, 2016. It was held in conjunction with
the public hearings for Applications #2015-021 - Site Plan Approval to
construct a 170-foot by 80-foot building including associated site work and a 6-foot
by 4-foot freestanding sign; Application #2015-022 - Special Exception Outside
Storage; Application #2015-023 - Special Exception Earth Removal, Excavation,
Filling, Stockpiling and Grading Permit;
Whereas, said
public hearings for all of the aforementioned applications were closed on March 2, 2016;
Whereas, the Commission, at its regular meeting of
March 2, 2016, considered the maps, narrative, testimony and other pertinent
information relating Application #2015-020 to a request two new use permits to
operate a concrete business and to sell earth materials and cement located at
33 Old Amity Road;
Now Therefore, the Commission makes the following
findings of fact and decision regarding the application:
1)
The Commission received a letter dated June 2, 2015
from John Laudano, Quinnipiack Valley Health District representative, in which
he states that he approves the septic plan with six employees. The Commission subsequently received a letter
dated December 2, 2015, from Lynn Fox and Leslie Balch of Quinnipiack Valley
Health District in which they also indicate that the septic plan has been
approved for a maximum of 6 employees.(Exhibit 1D)
2)
The Planning and Zoning Commission is in receipt of
Permit #1241 dated September 3, 2015 from the Inland Wetlands Commission for
the commercial development of this lot, including storage building and
freestanding sign. Subsequently, the
Inland Wetlands Commission issued Permit # 1257 dated February 2, 2016, for a
revised site plan for a new building footprint of 170-feet by 80-feet.(Exhibit
2E)
3)
The Commission received a letter dated January 5, 2016,
from Rod White, Fire Marshal, in which he states that he reviewed the application
and has signed off on the back of the application form indicating his
approval. He also stated that this
approval does not in any way signify his approval for the occupancy meeting the
Fire Safety Code. It will be up to the
applicant’s design professional to provide a detailed plan on how the occupancy
will meet the current code at the time the building permit is reviewed.(Exhibit
1E)
Now Therefore It Resolved, that pursuant to Section
5.1.A. and 5.1.B. of the Bethany Zoning Regulations, effective October 30, 2015,
the Bethany Planning and Zoning Commission approves Application #2015-020 for
Two (2) New Use Permits to operate a concrete business and to sell earth
materials and cement located at 33 Old Amity Road with the following modifications:
1) The
170-foot by 80-foot building, which is a part of Permit #2015-021, must be
constructed and certificates of compliance and occupancy must first be obtained
prior to any use of the property.
2) The
existing fencing shall be re-slatted with new neutral-colored slatting and shall
remain in place in perpetuity and needs to be uniform and consistent.
3) Plantings
conforming to the Bufferyard B requirements in the Bethany Zoning Regulations,
Section 10.L.4.d.6. should be placed in the area between Old Amity Road and the
proposed fence location. A bond for
these plantings should be required in this case to insure they are all properly
planted and located prior to any Certificate of Occupancy. If these are not planted prior to use of the
building, a formal enforcement action should be pursued.
4) Per Dave Nafis’ letter of December 2, 2015: 1) Measures shall be put in place to stop
sedimentation from leaving the storage bays; 2) The Commission reserves the
right, at any time in the future, to require that the entrance be made larger
to accommodate truck traffic or the return radii made larger, if necessary, for
safety purposes. (Exhibit 1C)
Vote 5 to 0.
Voting for: Brinton, Sullivan, Calhoun, Shea, Goldner.
Unanimous
approval.
It was moved by Sullivan and seconded
by Calhoun to approve the following resolution for Application #2015-021:
Whereas, Manuel Preta,
owner of the property, authorized Mr. Wayne Zirolli, P.E./L.S. to act as his
agent for this/these application(s) in a letter dated October 14, 2015;
Whereas, Mr. Wayne Zirolli applied on November 4,
2015 to the Bethany Planning and Zoning Commission for Site Plan Approval for
commercial development of 33 Old Amity Road which includes a 170-foot by
80-foot building, associated site work and a 6-foot by 4-footfreestanding sign. Said application is being presented in
conjunction with Application#2015-020 - Two New Use Permits; Application #2015-022
- Special Exception Outside Storage; and Application #2015-023 -Special
Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit;
Whereas, the public hearing for this Site
Plan Approval to construct a 170-foot by 80-foot building including associated
site work and a 6-foot by 4-foot freestanding sign was opened on January 6,
2016, and was recessed twice to February 3, 2016, and March 2, 2016. It was held in conjunction with the public
hearings for Application#2015-020 - Two New Use Permits; Application #2015-022
- Special Exception Outside Storage; and Application #2015-023 -Special Exception
Earth Removal, Excavation, Filling, Stockpiling and Grading Permit;
Whereas, said public hearings for all of the aforementioned applications were
closed at the conclusion of testimony on March 2, 2016;
Whereas, the Commission, at its regular meeting of March
2, 2016, considered the maps, narrative, testimony and other pertinent
information relating to a request for Site Plan Approval for commercial
development of 33 Old Amity Road which includes a 170-foot by 80-foot building,
associated site work and a 6-foot by 4-foot freestanding sign;
Now Therefore, the Commission makes the following findings
of fact and decision regarding the application:
1. The
Commission received a letter dated June 2, 2015 from John Laudano, Quinnipiack
Valley Health District representative, in which he states that he approves the
septic plan with six employees. The
Commission subsequently received a letter dated December 2, 2015, from Lynn Fox
and Leslie Balch of Quinnipiack Valley Health District in which they also
indicate that the septic plan has been approved for a maximum of 6 employees.(Exhibit
1D)
2. The
Planning and Zoning Commission is in receipt of Permit #1241 dated September 3,
2015 from the Inland Wetlands Commission for the commercial development of this
lot, including storage building and freestanding sign. Subsequently, the Inland Wetlands Commission
issued Permit # 1257 dated February 2, 2016, for a revised site plan for a new
building footprint of 170-feet by 80-feet.(Exhibit 2E)
3. The
Commission received a letter dated January 5, 2016, from Rod White, Fire
Marshal, in which he states that he reviewed the application and has signed off
on the back of the application form indicating his approval. He also stated that this approval does not in
any way signify his approval for the occupancy meeting the Fire Safety
Code. It will be up to the applicant’s
design professional to provide a detailed plan on how the occupancy will meet
the current code at the time the building permit is reviewed.(Exhibit 1E)
4. The Commission received
a letter dated December 2, 2015, from Dave Nafis in which he offers the
following comments: 1) The biggest issue
with this type of site use is containing the sediment from the outside storage
bays. Both storm water runoff and dust
can have a long-term cumulative effect on the wetlands and drainage systems if
not properly addressed. It is unclear if
any such measures have been addressed; 2) Assuming this site will see frequent
truck traffic, the driveway entrance should be widened or the return radii made
larger to allow for easier movement in and out of the site. Has a second entrance been explored? 3) It
is unclear what the parking area will be comprised of. Asphalt, gravel or a combination of
both?(Exhibit 1C)
5. The Commission received a letter dated
November 4, 2015, from Raymond Pantaloneu, Tree Warden, in which he stated that
the bulk of the trees are located on Mr. Preta’s personal property. Mr. Pantalone offered to mark the trees that
are worth keeping for Mr. Preta.(Exhibit 1B)
Now Therefore It
Resolved, that pursuant to
Section 5.2.A. and Section 7.1.A. of the Bethany Zoning Regulations, effective October
30, 2015, the Bethany Planning and Zoning Commission approves Application
#2015-021 for Site Plan approval for commercial development of 33 Old Amity
Road which includes a 170-foot by 80-foot building, associated site work and a 6-foot
by 4-foot freestanding sign as shown on the following plans prepared by
Wayne J. Zirolli, P.E./L.S. Engineering & Surveying, Litchfield,
Connecticut:
·
“Site Plan”, dated July 13, 2015, revised to
January 12, 2016, Drawing No. SP-1.
·
“Erosion & Sediment Control Plan”, dated October
1, 2015, revised to January 12, 2016, Drawing No. ESP-1.
·
“Landscaping Plan”, dated July 13, 2015, revised
to January 12, 2016, Drawing No.
LP-1.
·
“Site Lighting Plan”, dated October 1, 2016,
revised to December 1, 2015, Drawing No. SLP-1.
·
“Site Plan Details & Notes” dated January
12, 2016, revised to January 12, 2016, Drawing No. DP-1.
And with the
following modifications:
1. A building permit must be received prior to
any construction.
2. The 170-foot by 80-foot building which is a
part of this permit must be constructed and certificates of compliance and
occupancy must first be obtained prior to any use of the property.
3. No floor drains are permitted in the
building.
4. Directional signage may be needed for the
sale of earth materials. If necessary,
the Commission reserves the right to have the directional signage installed in
the future.
5. Per
Dave Nafis’ letter of December 2: 1)
Measures shall be put in place to stop sedimentation from leaving the storage
bays; 2) The Commission reserves the right, at any time in the future, to
require that the entrance be made larger to accommodate truck traffic or the
return radii made larger, if necessary, for safety purposes. (Exhibit 1C)
6. A) The State of Connecticut Department of
Transportation should indicate whether the fence encroaching on the Amity Road
Right-Of-Way may remain in place or not.
B) The owner of the restaurant to the south should indicate to the Zoning
Enforcement Officer whether the fence on the south side of the subject property
should remain or be removed. Timing for
this work, if any, should be established at this time. C) The existing fencing along Amity Road
shall be re-slatted with new neutral-colored slatting and shall remain in place
in perpetuity. All fencing to be uniform and consistent. D) All
fencing installed should be clearly specified and approved by the Zoning
Enforcement Officer and/or the Commission prior to installation. Specifications should include height and
specific materials. Photographs should
be provided for the file for comparison at the time of Certificate of Occupancy
request. All fencing installed shall be
uniform and consistent.
7. The
applicant shall be in compliance with the Fire Marshal comments in his letter
dated January 5, 2016.(Exhibit 1E)
8. The
concrete fence on the south and east property borders shall be in keeping with
the drawing submitted as Exhibit 2F.
9. The
site shall allow for, but no necessarily construct, a second means of access to
the property north of the proposed (existing) site entrance on Old Amity Road
as requested by the Fire Marshal.
10. Prior
to the Zoning Enforcement Officer signing off as required by the law, the exact
location of the proposed building shall be staked in the field by the surveyor
on this project. This is due to the area
of uncertainty as to the building size and location even as late as February 21
in the field. No building permit should
be issued unless and until the proposed building is properly field staked and
the location of the building and the size of the building is confirmed by the
ZEO and the owner’s surveyor.
11. Items
that are not shown on the applicant’s plans should be removed from the site
unless approved by the Commission for use of this property. These include numerous objects that are
seemingly unrelated to the actual cement form operation.
12. The
application does not clearly propose outside storage. The Commission should be clear as to what is proposed
in this situation. Excess materials not
directly related to the actual proposed operations should be removed.
13. The
owner shall install any and all necessary Erosion and Sedimentation controls to
the satisfaction of the applicant’s site engineer and the ZEO prior to the
start of any site work. Bonding for
these controls shall be determined by the applicant’s site engineer.
14. The
owner should provide the Commission (ZEO) with a complete set of plans for the
building as may be required by the Fire Marshal and the Building Official.
15. The
owner should supply an as-built (where-built) plan for the entire site prior to
signoff for a C.O. and use of the building.
The cost of this may also be considered for bonding as directed by the
Town Attorney in writing.
16. The
stone wall that exists along the eastern property line should remain in place
and be repaired to the extent possible.
17. Plantings
conforming to the Bufferyard B requirements in the Bethany Zoning Regulations,
Section 10.L.4.d.6. should be placed in the area between Old Amity Road and the
proposed fence location. A bond for
these plantings should be required in this case to insure they are all properly
planted and located prior to any Certificate of Occupancy. If these are not planted prior to use of the
building, a formal enforcement action should be pursued.
Vote 5 to 0.
Voting for: Brinton, Sullivan, Calhoun, Shea, Goldner.
Unanimous
approval.
It was moved by Sullivan and
seconded by Calhoun to approve the following resolution for Application
#2015-022:
Whereas,
Manuel Preta, owner of the property, authorized Mr. Wayne Zirolli, P.E./L.S. to act as his agent for this application in a
letter dated October 14, 2015;
Whereas, Wayne
Zirolli applied on November 4, 2015, to the Bethany Planning and Zoning
Commission for a Special Exception for Outside Storage of earth materials for
sale and concrete forms located at 33 Old Amity Road. Said application is being presented in
conjunction with Application #2015-020 -Two New Use Permits to operate a
concrete business and to sell earth materials and cement; Application #2015-021
– Site Plan Approval for commercial
development which includes a 170-foot by 80-foot building, associated site work
and a 6-foot by 4-foot freestanding sign; and Application #2015-023 - Special Exception Earth Removal, Excavation,
Filling, Stockpiling and Grading Permit;
Whereas, the
public hearing for this Special Exception for outside storage of earth
materials and concrete forms was opened on December 2, 2015, and was recessed
twice to February 3, 2016, and March 2, 2016.
It was held in conjunction with the public hearings for
Application #2015-020 -Two New Use Permits to operate a
concrete business and to sell earth materials and cement; Application #2015-021
– Site Plan Approval for commercial
development which includes a 170-foot by 80-foot building, associated site work
and a 6-foot by 4-foot freestanding sign; and Application #2015-023 - Special Exception Earth Removal, Excavation,
Filling, Stockpiling and Grading Permit;
Whereas, said
public hearings for all of the aforementioned applications were closed on March 2, 2016;
Whereas, the
Commission, at their regular meeting of March 2, 2016, considered the plans,
testimony and other pertinent application information relating to Application
#2015-022 Special Exception for Outside Storage of earth materials and concrete
forms located at 33 Old Amity Road; and
Now Therefore,
the Commission makes the following findings of fact and decision regarding this
application:
a.
The Commission received a letter dated June 2, 2015
from John Laudano, Quinnipiack Valley Health District representative, in which
he states that he approves the septic plan with six employees. The Commission subsequently received a letter
dated December 2, 2015, from Lynn Fox and Leslie Balch of Quinnipiack Valley
Health District in which they also indicate that the septic plan has been
approved for a maximum of 6 employees.(Exhibit 1D)
b.
The Planning and Zoning Commission is in receipt of
Permit #1241 dated September 3, 2015
from the Inland Wetlands Commission for the commercial development of this lot,
including storage building and freestanding sign. Subsequently, the Inland Wetlands Commission
issued Permit # 1257 dated February 2,
2016, for a revised site plan for a new building footprint of 170-feet by 80-feet.(Exhibit
2E)
c.
The Commission received a letter dated January 5, 2016,
from Rod White, Fire Marshal, in which he states that he reviewed the
application and has signed off on the back of the application form indicating
his approval. He also stated that this
approval does not in any way signify his approval for the occupancy meeting the
Fire Safety Code. It will be up to the
applicant’s design professional to provide a detailed plan on how the occupancy
will meet the current code at the time the building permit is reviewed.(Exhibit
1E)
Now Therefore Be It
Resolved, that pursuant to Section 5.3.H. of the Bethany Zoning
Regulations, effective October 30, 2015, the Bethany Planning and Zoning
Commission approves this application for a Special Exception for Outside
Storage of earth materials and concrete forms located at 33 Old Amity Road in
accordance with the following plans prepared
by Wayne J. Zirolli, P.E./L.S. Engineering & Surveying, Litchfield,
Connecticut:
·
“Site Plan”, dated July 13, 2015, revised to
January 12, 2016, Drawing No. SP-1.
·
“Erosion & Sediment Control Plan”, dated
October 1, 2015, revised to January
12, 2016, Drawing No. ESP-1.
·
“Landscaping Plan”, dated July 13, 2015, revised
to January 12, 2016, Drawing No.
LP-1.
·
“Site Lighting Plan”, dated October 1, 2016,
revised to December 1, 2015, Drawing No. SLP-1.
·
“Site Plan Details & Notes” dated January
12, 2016, revised to January 12, 2016, Drawing No. DP-1.
And with the following modifications:
1) The
170-foot by 80-foot building, which is a part of Permit #2015-021, must be
constructed and certificates of compliance and occupancy must first be obtained
prior to any use of the property.
2) The
existing fencing shall be re-slatted with new neutral-colored slatting and shall
remain in place in perpetuity and needs to be uniform and consistent.
3) Plantings
conforming to the Bufferyard B requirements in the Bethany Zoning Regulations,
Section 10.L.4.d.6. should be placed in the area between Old Amity Road and the
proposed fence location. A bond for
these plantings should be required in this case to insure they are all properly
planted and located prior to any Certificate of Occupancy. If these are not planted prior to use of the
building, a formal enforcement action should be pursued.
4) Per Dave Nafis’ letter of December 2, 2015: 1) Measures shall be put in place to stop
sedimentation from leaving the storage bays; 2) The Commission reserves the
right, at any time in the future, to require that the entrance be made larger
to accommodate truck traffic or the return radii made larger, if necessary, for
safety purposes. (Exhibit 1C)
5)
A) The
State of Connecticut Department of Transportation should indicate whether the
fence encroaching on the Amity Road Right-Of-Way may remain in place or
not. B) The owner of the restaurant to
the south should indicate to the Zoning Enforcement Officer whether the fence
on the south side of the subject property should remain or be removed. Timing for this work, if any, should be
established at this time. C) The
existing fencing along Amity Road shall be re-slatted with new neutral-colored
slatting and shall remain in place in perpetuity. All fencing to be uniform and
consistent. D) All fencing installed should be clearly
specified and approved by the Zoning Enforcement Officer and/or the Commission
prior to installation. Specifications
should include height and specific materials.
Photographs should be provided for the file for comparison at the time
of Certificate of Occupancy request. All
fencing installed shall be uniform and consistent.
6)
The applicant shall be in compliance with the
Fire Marshal comments in his letter dated January 5, 2016.(Exhibit 1E)
7)
The concrete fence on the south and east
property borders shall be in keeping with the drawing submitted as Exhibit 2F.
8)
The site shall allow for, but no necessarily
construct, a second means of access to the property north of the proposed
(existing) site entrance on Old Amity Road as requested by the Fire Marshal.
9)
Prior to the Zoning Enforcement Officer signing
off as required by the law, the exact location of the proposed building shall
be staked in the field by the surveyor on this project. This is due to the area of uncertainty as to
the building size and location even as late as February 21 in the field. No building permit should be issued unless
and until the proposed building is properly field staked and the location of
the building and the size of the building is confirmed by the ZEO and the
owner’s surveyor.
10) Items
that are not shown on the applicant’s plans should be removed from the site
unless approved by the Commission for use of this property. These include numerous objects that are
seemingly unrelated to the actual cement form operation.
11) The
application does not clearly propose outside storage. The Commission should be clear as to what is
proposed in this situation. Excess
materials not directly related to the actual proposed operations should be
removed.
12) The
owner shall install any and all necessary Erosion and Sedimentation controls to
the satisfaction of the applicant’s site engineer and the ZEO prior to the
start of any site work. Bonding for
these controls shall be determined by the applicant’s site engineer.
13) The
owner should provide the Commission (ZEO) with a complete set of plans for the
building as may be required by the Fire Marshal and the Building Official.
14) The
owner should supply an as-built (where-built) plan for the entire site prior to
signoff for a C.O. and use of the building.
The cost of this may also be considered for bonding as directed by the
Town Attorney in writing.
15) The
stone wall that exists along the eastern property line should remain in place
and be repaired to the extent possible.
Vote 5 to 0.
Voting for: Brinton, Sullivan, Calhoun, Shea, Goldner.
Unanimous
approval.
It was moved by Sullivan and
seconded by Goldner to approve the following resolution for Application
#2015-023:
Whereas,
Manuel Preta, owner of the property, authorized Mr. Wayne Zirolli, P.E./L.S. to
act as his agent for this application in a letter dated October 14, 2015;
Whereas, Wayne
Zirolli applied on November 4, 2015, to the Bethany Planning and Zoning
Commission for a Special Exception for Earth Removal, Excavation, Filling,
Stockpiling and Grading Permit located at 33 Old Amity Road. Said application is being presented in
conjunction with Application #2015-020 -Two New Use Permits to operate a
concrete business and to sell earth materials and cement; Application #2015-021
– Site Plan Approval for commercial
development which includes a 170-foot by 80-foot building, associated site work
and a 6-foot by 4-foot freestanding sign; Application #2015-022 –
Special Exception Outside Storage;
Whereas, the
public hearing for this Special Exception for Earth Removal, Excavation,
Filling, Stockpiling and Grading Permit was opened on December 2, 2015, and was
recessed twice to February 3, 2016, and March 2, 2016. It was held in conjunction with the public
hearings for Application #2015-020 -Two New Use Permits to operate a concrete
business and to sell earth materials and cement; Application #2015-021 – Site Plan Approval for commercial development
which includes a 170-foot by 80-foot building, associated site work and a 6-foot
by 4-foot freestanding sign; Application #2015-022 – Special Exception
Outside Storage;
Whereas, said
public hearings for all of the aforementioned applications were closed on March 2, 2016;
Whereas, the
Commission, at their regular meeting of March 2, 2016, considered the plans,
testimony and other pertinent application information relating to Application
#2015-023 Special Exception for Earth Removal, Excavation, Filling, Stockpiling
and Grading Permit; and
Now Therefore,
the Commission makes the following findings of fact and decision regarding this
application:
1.
The Commission received a letter dated June 2, 2015
from John Laudano, Quinnipiack Valley Health District representative, in which
he states that he approves the septic plan with six employees. The Commission subsequently received a letter
dated December 2, 2015, from Lynn Fox and Leslie Balch of Quinnipiack Valley
Health District in which they also indicate that the septic plan has been
approved for a maximum of 6 employees.(Exhibit 1D)
2.
The Planning and Zoning Commission is in receipt of
Permit #1241 dated September 3, 2015 from the Inland Wetlands Commission for
the commercial development of this lot, including storage building and
freestanding sign. Subsequently, the
Inland Wetlands Commission issued Permit # 1257 dated February 2, 2016, for a
revised site plan for a new building footprint of 170-feet by 80-feet.(Exhibit
2E)
3.
The Commission received a letter dated January 5, 2016,
from Rod White, Fire Marshal, in which he states that he reviewed the
application and has signed off on the back of the application form indicating
his approval. He also stated that this
approval does not in any way signify his approval for the occupancy meeting the
Fire Safety Code. It will be up to the
applicant’s design professional to provide a detailed plan on how the occupancy
will meet the current code at the time the building permit is reviewed.(Exhibit
1E)
4.
The Commission
received a letter dated November 4, 2015, from Raymond Pantalone, Tree Warden,
in which he stated that the bulk of the trees are located on Mr. Preta’s
personal property. Mr. Pantalone offered
to mark the trees that are worth keeping for Mr. Preta.(Exhibit 1B)
Now Therefore Be It
Resolved, that pursuant to Section 8 of the Bethany Zoning Regulations,
effective October 30, 2015, the Bethany Planning and Zoning Commission approves
Application #2015-023 for a Special Exception Earth Removal, Excavation,
Filling, Stockpiling and Grading Permit located at 33 Old Amity Road in
accordance with the following plans prepared
by Wayne J. Zirolli, P.E./L.S. Engineering & Surveying, Litchfield,
Connecticut:
·
“Site Plan”, dated July 13, 2015, revised to
January 12, 2016, Drawing No. SP-1.
·
“Erosion & Sediment Control Plan”, dated
October 1, 2015, revised to January
12, 2016, Drawing No. ESP-1.
·
“Landscaping Plan”, dated July 13, 2015, revised
to January 12, 2016, Drawing No.
LP-1.
·
“Site Lighting Plan”, dated October 1, 2016,
revised to December 1, 2015, Drawing No. SLP-1.
·
“Site Plan Details & Notes” dated January
12, 2016, revised to January 12, 2016, Drawing No. DP-1.
And with the following modifications:
1)
The owner shall install any and all necessary Erosion
and sedimentation controls to the satisfaction of the applicants’ site engineer
and the Zoning Enforcement Officer prior to the start of any site work. Bonding for these controls shall be
determined by the applicant’s site engineer.
2)
The applicant’s engineer shall make special note of the
proximity to the public water supply watershed area.
Vote 5 to 0.
Voting for: Brinton, Sullivan, Calhoun, Shea, Goldner.
Unanimous
approval.
ZONING ENFORCEMENT OFFICER’S REPORT
Tabled.
ADJOURNMENT
There being no further business to
come before the Commission, it was moved by Sullivan and seconded by Calhoun to
adjourn the regular meeting at 8:53 p.m.
Voting for: Brinton,
Sullivan, Calhoun, Goldner, Shea.
Unanimous
approval.
