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

            

1. 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

 

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 April 2016, by             Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

 

1. 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

 

1. 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.
2. Letter from Rod White, Town of Bethany Fire Marshal, dated May 3, 2016, Re:  Comments on review of Application #2016-002, 4 Peck Road.
3. 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.
4. 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.
5. Letter from Town of Prospect to Eugene Livshits, dated March 14, 2016, Re:  Zoning Regulation amendment in Section 3.1 Uses By District.
6. 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
    

1. Connecticut Federation of Planning and Zoning Agencies, Quarterly Newsletter, Spring 2016.
2. The Connecticut Landscape Architect, 2016 Annual.

 

 

NEW BUSINESS

 

1. 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.

 

 

1. 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

 

• 4 Peck Road, Application #2016-002 submitted by James Sakonchick to obtain Site Plan Approval for “Set-Aside Development” for new construction of a 4 Unit Multi-Family Dwelling in accordance with CGS 8-30g –

 

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:

1. 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.
2. 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.)

 

 

 

1. 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.
2. 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.
3. 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:

• Elevations of structure need to be confirmed.
• Driveway.
• Need full traffic study.
• Parking.

 

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

 

1. 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.
    
2. 6 Sargent Drive, Application #2016-008 submitted by Station-Glo of New England for a permit to install a monument sign – Tabled.

 

1. 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.

 

1. 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.
    
2. 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.
    
3. 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.

 

 

 

 

 

 

1. 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.

 

1. Discuss future Land Use Plan (possible insertion in Town Plan of Conservation & Development) – Tabled.
    
2. 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

 

 

 

 

 

 

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