MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDA
The regular meeting of the Planning and Zoning Commission
was called to order at 7:08 p.m. in the Gymnasium of the Bethany Town Hall, 40
Peck Road, Bethany, Connecticut.
The following Commission Members
were present:
Kimberly McClure Brinton, Chairman
Michael Sullivan, Vice-Chairman,
arrived at 7:24 p.m.
Michael Calhoun, Member
Donna Shea, Member
Bradford Buchta, Alternate Member,
seated as a regular member
Carol
Lambiase, Alternate Member, seated as a regular member until
Michael Sullivan arrived
Eric
McDonald, Alternate Member
The
following Commission Member was absent:
Doug Goldner, Member
Also present were:
Hiram
Peck, Planning Consultant
Peter Olson, Special Counsel
Isabel
Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
It
was moved by Calhoun and seconded by Shea to approve, as submitted, the minutes
of the April 6, 2016, Regular Meeting.
Voting for: Brinton, Calhoun, Shea, Buchta, Lambiase.
Unanimous approval.
BILLS
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 April 2016, by Hiram W. Peck III, AICP, Planning
Consultant.
Voting for: Brinton, Calhoun, Shea, Buchta, Lambiase.
Unanimous approval.
It was moved by Buchta and seconded by Lambiase to
approve the payment of a bill for $125.00, dated for May 4, 2016, from Anne
Sohon for recording services for the public hearing (4 Peck Road).
Voting for: Brinton, Calhoun, Shea, Buchta, Lambiase.
Unanimous approval.
GENERAL CORRESPONDENCE
Letter from Ronald Walters, Regional Water Authority,
dated April 15, 2016, Re: Comments on
review of application for 4 Peck Road – four unit multi-family residence.
Letter from Rod White, Town of Bethany Fire Marshal,
dated May 3, 2016, Re: Comments on
review of Application #2016-002, 4 Peck Road.
Email from Dawn Hebert of 456 Bethmour Road, dated
April 13, 2016, Re: Withdrawal of
Application #2016-005 for an accessory apartment at 456 Bethmour Road.
Letter from Isabel Kearns, ZEO to Tara Aksoy of 60
Rainbow Road, dated April 19, 2016, Re:
Notice of Violation, trash on lawn from garbage cans.
Letter from Town of Prospect to Eugene Livshits, dated
March 14, 2016, Re: Zoning Regulation
amendment in Section 3.1 Uses By District.
Letter from Town of Woodbridge to Eugene Livshits,
dated March 31, 2016, Re: Zoning
Regulation amendment for Alternative Planned Housing Development regulations.
PUBLICATIONS AND WORKSHOPS
Connecticut Federation of Planning and Zoning
Agencies, Quarterly Newsletter, Spring 2016.
The Connecticut Landscape Architect, 2016
Annual.
NEW
BUSINESS
755 Amity Road – Town Garage,
Application #2016-009 submitted by the Town of Bethany for a Connecticut
General Statute Section 8-24 Review for a proposed Bulk Storage Dome for road
salt storage –
The Commission formally received the application. Present to speak on behalf of this application
was Isabel Kearns, Zoning Enforcement Officer.
Commission members discussed and
proceeded to deliberate. It was moved by
Calhoun and seconded by Lambiase to approve the following resolution for
Application #2016-009 for a CGS Section 8-24 Review:
Whereas, Section 8-24 of the Connecticut General
Statutes requires that a municipality refer proposals that will expend Town
money to the Planning and Zoning Commission for a report; and
Whereas, First Selectmen Derrylyn Gorski, has requested
such a report in a letter dated April 29, 2016, relative to the location of a
proposed bulk storage dome approximately 100 feet in diameter to be located at
755 Amity Road (airport property); and
Now Therefore Be It Resolved, that the Bethany Planning and
Zoning Commission hereby finds that the 100-foot diameter bulk storage dome to
be located at 755 Amity Road (to the north of the existing Town Garage) is not
in conflict with the Town Plan of Conservation and Development adopted November
18, 1998 and last revised August 31, 2010.
Voting for: Brinton, Calhoun, Shea, Buchta, Lambiase.
Unanimous approval.
392 Sperry Road, Application #2016-010
submitted by Mary-Michelle Hirschoff for a Special Exception Permit for an
Accessory Apartment –
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 Lambiase to schedule a public hearing date of
June 1, 2016, at 7:15 p.m. for Application #2016-010 submitted by Mary-Michelle
Hirschoff for a Special Exception Permit for an accessory apartment located
at 392 Sperry Road.
Voting for: Brinton, Calhoun,
Shea, Buchta, Lambiase.
Unanimous
approval.
PUBLIC
HEARING
Approximately, 17 individuals were in attendance for the public
hearing for Application #2016-002 submitted by James Sakonchick for the
property located at 4 Peck Road.
At 7:18 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 contents of the application file.
During the course of the public
hearing, Chair Brinton noted that the Commission has received the following
items relative to the subject application.
Exhibit identification was assigned as noted:
Exhibit 1A – – Letter from
Ronald Walters, Regional Water Authority, dated April 15, 2016, Re: Comments on review of application for 4 Peck
Road – four unit multi-family residence.
Exhibit 1B – Letter from Rod
White, Town of Bethany Fire Marshal, dated May 3, 2016, Re: Comments on review of Application #2016-002, 4
Peck Road. (Mr. White read his letter
into the public hearing record.)
Exhibit 1C – Copy of Memorandum
of Decision, James and Brian Sakonchick V. Bethany Planning and Zoning
Commission, Superior Court J.D. of Hartford, dated December 2, 2015.
Exhibit 1D – Submitted by James
Sakonchick, packet entitled, “Highlighting Traffic Regulations of Other Towns”,
Intent is to show that the existing driveway for 4 Peck Road meets or exceeds
the safety standards of these Connecticut Municipalities and therefore meets
generally accepted safety standards.
Exhibit 1E – Memo from Hiram
Peck, Planning Consultant, dated April 30, 2016, Re: Review comments on application for Affordable
Housing Development at 4 Peck Road.
James Sakonchick, owner and applicant for 4 Peck Road, introduced
himself and began his presentation.
Some of the areas Mr. Sakonchick reviewed are as follows:
The Commission approved the application to build
a mansion previously on this property and this proposal is smaller.
These are single family homes; four separate structures.
There are firewalls separating the units.
Maximum height of structure is 34 feet.
Developing some housing which is more
affordable.
Judge demanded this case back to Planning and
Zoning Commission.
This Commission needs to make a decision within
60 days of the Judge’s order.
Discussed memorandum of decision dated December
2, 2015.
Reviewed affordability plan.
Discussed Administrator for property.
Next, Mr. Sakonchick introduced Mr. Scott Hesketh of F.A.
Hesketh & Associates, Inc., East Granby, Connecticut, who reviewed his Traffic
Report dated February 12, 2016, contained in the application packet received
March 2, 2016.
Mr. Sakonchick then submitted General Safety Standards (Exhibit
1D) as a supplemental to Mr. Hesketh’s report.
Mr. Sakonchick addressed the letter from Mr. Rod White, Fire
Marshal, dated May 3, 2016. Mr.
Sakonchick feels the standard for fire protection Mr. White is asking for is
above the minimum requirement of the State of Connecticut.
Mr. White, Fire Marshal, responded that a 30,000 gallon
water tank is in the requirements and he considers this proposal as five
individual houses.
Chair Brinton then read in order the names on the sign-up
sheets so that the public can comment.
The following public individuals spoke:
Bruce Loomis of Sabrina Drive and Chairman of
the Conservation Commission.
Jason MacNevon of 15 Peck Road.
John Paul Garcia of 190 Fairwood Road.
Sharon Huxley of 340 Old Mill Road
Vincent Gentile of 11 Peck Road.
Donna Gentile of 11 Peck Road.
Mr. Sakonchick then responded to the public comments on the
traffic and parking.
Chair Brinton recessed the public hearing at 9 p.m. for a
brief break. The hearing commenced at
9:15 p.m.
Commission members addressed the applicant with questions
relating to some of the following area:
Peter Olson, Special Counsel, addressed Mr. Scott Hesketh of
F.A. Hesketh & Associates, Inc. concerning the following:
Traffic Report in packet dated February 12,
2016, Re: Available Sight Distance,
Hotchkiss Set-Aside Development, 4 Peck Road.
Did you review the Town of Bethany Road Ordinance?
Did you review the accident history of the
section of road near 4 Peck Road?
Hiram Peck, Planning Consultant, commented on:
Proposed elevations of new multifamily dwelling
needs clarification.
Quinnipiack Valley Health Department needs to
answer questions on the septic system.
Discrepancies on site plan.
Traffic issues.
Peter Olson, Special Counsel, addressed Mr. James Sakonchick
concerning the following:
Standard Site Distance.
Did you review the Town of Bethany Road
Ordinance?
With the initial application, did you file
Drainage Report with drainage calculations?
(Applicant stated yes.)
Mandatory to provide a well screening report to
the Department of Public Health. Need to
provide this before next public hearing.
Discussed the Administrator; need to hire
someone from the outside.
Show parking spaces on site plan.
Commission needs to see survey showing where all
common elements will be and needs to see Condo Association Declaration and
Rules and Regulations. Need these
documents prepared and submitted for review.
Member Michael Sullivan left at
10:05 p.m.
It was moved by Calhoun and
seconded by Shea to schedule a Special Meeting/Site Walk/Hearing Continuation
date of May 11, 2016, at 6:00 p.m. at the property located at 4
Peck Road pertaining to Application #2016-002 submitted by James Sakonchick to
obtain site plan approval of “Set-Aside Development” for new construction of a
4-Unit Multi-Family Dwelling in accordance with CGS 8-30g.
Voting for: Brinton, Calhoun, Shea, Buchta, Lambiase.
Unanimous
approval.
At 10:32 p.m., it was moved by
Buchta and seconded by Shea to schedule a public hearing continuation date of
Wednesday, June 1, 2016, for Application #2016-002 submitted by James
Sakonchick to obtain site plan approval of “Set-Aside Development” for new
construction of a 4-Unit Multi-Family Dwelling in accordance with CGS 8-30g.
Voting for: Brinton, Calhoun, Shea, Buchta, Lambiase.
Unanimous
approval.
OLD BUSINESS
4 Peck Road, Application #2016-002
submitted by James Sakonchick to obtain Site Plan Approval of “Set-Aside
Development” for new construction of a 4 Unit Multi-Family Dwelling in
accordance with CGS 8-30g – Public hearing continued to June 1, 2016. Tabled.
6 Sargent Drive, Application #2016-008
submitted by Station-Glo of New England for a permit to install a monument sign
– Tabled.
23 Tollgate Road, Application #2016-004
submitted by Akbar Dar for a Special Exception Permit for an accessory apartment
– Public hearing scheduled for May 11, 2016, at a Special Meeting of the
Planning and Zoning Commission. Hearings
will start at 7:00 p.m. Tabled.
456 Bethmour Road, Application #2016-005
submitted by Dawn Hebert for a Special Exception Permit for an Accessory
Apartment –The Commission formally received an email dated April 13,
2016, from Dawn Hebert withdrawing the application.
667, 679, 681, 687 Amity Road, Application #2016-003 submitted by 667
Amity Road LLC- Matt Micros for a Site Plan Approval to construct two outdoor
soccer fields and a new building – Public hearing scheduled for May 11,
2016, at a Special Meeting of the Planning and Zoning Commission. Hearings will start at 7:00 p.m. Tabled.
667, 679, 681, 687 Amity Road, Application #2016-006 submitted by 667
Amity Road LLC-Matt Micros for a New Use Permit – Office for soccer fields,
sports use – Public hearing scheduled for May 11, 2016, at a Special
Meeting of the Planning and Zoning Commission.
Hearings will start at 7:00 p.m. Tabled.
667, 679, 681, 687 Amity Road, Application #2016-007 submitted by 667
Amity Road LLC-Matt Micros for a Special Exception Earth Removal, Excavation,
Stockpiling, Filling and Grading Permit – Public hearing scheduled for
May 11, 2016, at a Special Meeting of the Planning and Zoning Commission. Hearings will start at 7:00 p.m. Tabled.
Discuss future Land Use Plan (possible
insertion in Town Plan of Conservation & Development) – Tabled.
Discussion regarding the rewriting of
the current Zoning Regulations – Tabled.
ZONING ENFORCEMENT OFFICER’S REPORT – 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 10:33 p.m.
Voting for: Brinton, Calhoun,
Shea, Buchta.
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
Y, MAY 4,
2016 Page 1 of 8