Tuesday, May 24, 2016


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION SPECIAL MEETING OF WEDNESDAY
The Special Meeting of the Planning and Zoning Commission was called to order at 7:03 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
            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:
            Douglas Goldner, Member
            Michael Sullivan, Vice-Chairman
 
Also present were:
             Hiram Peck, Planning Consultant
             Isabel Kearns, Zoning Enforcement Officer  
 
 
  • Public Hearing and possible action on Application #2016-004 submitted by Akbar Dar for property located at 23 Tollgate Road for a Special Exception Permit for an Accessory Apartment –
 
At 7:04 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, spoke on behalf of the applicant who was not present.  Ms. Kearns stated that the application meets all the criteria and the applicant has received the necessary approvals.
 
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 7:09 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.
 
 
 
 
 
 
 
 
 
Commission members proceeded to deliberate.  It was moved by Calhoun and seconded by Lambiase to approve the following resolution for Application #2016-004:
 
Whereas, Akbar Dar, owner of 23 Tollgate Road, applied to the Planning and Zoning Commission on April 6, 2016, for a Special Exception Permit for a 197 square foot accessory apartment (including bath, bedroom and small kitchen)  to be located within a portion of the first floor of the existing home located at property known as 23 Tollgate Road;
 
Whereas, the Planning and Zoning Commission opened a public hearing on Application #2016-004 for a Special Exception Permit for an accessory apartment located at 23 Tollgate Road at their Special Meeting of May 11, 2016.  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:
  1. Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on April 15, 2016, indicating her approval.
  2. The Commission received an e-mail dated April 13, 2016, from Cindy Gaudino of the Connecticut Water Company stating that she has no comment.
  3. Roderick White, Fire Marshal, signed off on the back of the application form on May 6, 2016, indicating his approval.
  4. The application and Statement of Use dated March 30, 2016, demonstrates that the proposed accessory apartment would contain only 197 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 October 30, 2015, the Bethany Planning and Zoning Commission approves the application of Akbar Dar for a Special Exception for a 197 square foot accessory apartment (#2016-004) (including bath, bedroom, and small kitchen) as shown on the submitted floor plan dated April, 2016 and as per the Statement of Use dated March 30, 2016.          
 
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.
    Vote 5 to 0.
    Voting for:  Brinton, Calhoun, Shea, Lambiase, McDonald.
    Unanimous approval.
 
 
 
 
 
 
  • Public Hearing and possible action on the following Applications submitted by 667 Amity Road LLC/Matt Micros for property located at 667, 679, 681, 687 Amity Road (to be heard together):
  1. Application #2016-003 for a Site Plan Approval to construct 2 outdoor soccer fields and a new building.
  2. Application #2016-006 for a New Use Permit to operate an office for soccer fields/sports use.
  3. Application #2016-007 for a Special Exception Earth Removal, Excavation, Stockpiling, Filling and Grading Permit.
 
At 7:10 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 files.
 
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:
  1. Exhibit 1A – Outline of the Connecticut Football Club, submitted April 14, 2016.
  2. Exhibit 2A – Letter from Rod White, Fire Marshal, dated April 12, 2016, Re:  Comments on review of 667, 679, 681, and 687 Amity Road – Soccer.
  3. Exhibit 3A – Letter from Ron Walters, of South Central Connecticut Regional Water Authority, dated April 11, 2016, Re:  Comments on review of 667-687 Amity Road, CFC Park.
  4. Exhibit 4A – Letter from Dave Nafis, Town Engineer, dated May 6, 2016, Re:  Review of plans and specifications for 667-687 Amity Road, dated February 3, 2016.
  5. Exhibit 5A – Memo from Bethany Conservation Commission, submitted May 11, 2016, Re:  Comments on review of applications for 667-687 Amity Road.
  6. Exhibit 6A – Submitted by John Paul Garcia, letter from Quinnipiack Valley Health District to John Paul Garcia, P.E., dated May 4, 2016, Re:  Review comments from site plan and septic design for 667 Amity Road.
  7. Exhibit 7A – Submitted by Barbara Soltis, six pages of a petition entitled, “Petition to Save Amity Road Horror and Bethany Driving Range.
  8. Exhibit 8A – Submitted by Matt Micros, ten pages of architectural renderings.
  9. Exhibit 9A – Submitted by Eric Soltis, owner of Amity Horror, copy of map entitled, “Site Development Plan”, with colored markings of location of Amity Horror buildings.
 
Present to speak on behalf of these applications were the following:
  • John Paul Garcia, P.E., representing the applicant, Matt Micros.
  • Matt Micros, applicant
 
Mr. Garcia presented an overview of the proposed project and noted some of the following from the plans:
  • The parking in front will be paved for 35 cars.
  • Back parking will be gravel, changing plans to 84 parking spaces.
  • Whatever material leftover we will use for stormwater management systems and around the building.
  • Soccer fields not impervious, turf field.
     
 
  • Department of Transportation has no issues.  Not a high volume operation; still using existing curb cuts.
  • Full cutoff lights on back and side of building for parking.  No lights on fields.
  • As part of the record, the Commission received a report from the Department of Public Health and the Regional Water Authority which have no issues.
  • Also received septic approval from Quinnipiack Valley Health District.
 
Matt Micros the applicant, discussed hours of operation and that he is also a soccer coach and would like to let schools use indoor and outdoor fields at times.
 
Hiram Peck, Planning Consultant, asked Mr. Garcia if Town Engineer Dave Nafis reviewed the map with the 84 parking spaces in back.  Mr. Garcia stated he will review with Mr. Nafis and wait for comments.  Also, Mr. Peck asked for architectural plans.  Mr. Micros submitted Exhibit 8A.
   
Chair Brinton mentioned the neighbors were not noticed so the Commission will continue the public hearing and that the neighbors can listen to recording.
 
Chair Brinton asked if anyone from the public would like to speak in favor of the application or against the application. 
 
The following individuals spoke: 
  • Ray Petrucelli of 40 Lacey Road, Bethany, CT
  • Philip Rokosa of 37 Falls Brook Road, Bristol, CT
  • Steve Darling of 38 Fatima Drive, Bethany, CT
  • Barbara Soltis of 107 Poplar Drive, Shelton, CT
  • Rick Warner of 50 Miller Road, Bethany, CT
  • Fran Doba of 980 Amity Road, Bethany, CT
  • Rebekkah Gambardella of 15 Maple Lane, Shelton, CT
  • Jocelyn Grzywacz of Milford, CT
  • Brian Ogrisek of 64 Gail Drive, Naugatuck, CT
  • Eric Soltis of 107 Poplar Drive, Shelton, CT
 
The Commission scheduled a Special Meeting/Site Visit/Hearing Continuation for Wednesday, June 1, 2016, at 6:00 p.m.   Commission members to meet at the site.
 
At 8:17 p.m., it was moved by Calhoun and seconded by Shea to recess the public hearing and continue the public hearing to the next regular meeting scheduled for Wednesday, June 1, 2016, in the Commission Meeting Room of the Bethany Town Hall.  Public hearings will start at 7:15 p.m.
Voting for:  Brinton, Calhoun, Shea, Lambiase, McDonald.
Unanimous approval.
 
 
 
 
 
 
ADJOURNMENT
 
There being no further business to come before the Commission, it was moved by Calhoun and seconded by McDonald to adjourn the Special Meeting at 8:18 p.m.
Voting for:  Brinton, Calhoun, Shea, Lambiase, McDonald.
Unanimous approval.
 
Respectfully submitted,
 
 
 
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
 
 
, MAY 11, 2016                                                     Page 1 of 5
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