Tuesday, June 21, 2016


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY
The regular meeting of the Planning and Zoning Commission was called to order at          7:11 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
            Michael Calhoun, Member
            Donna Shea, Member
            Bradford Buchta, Alternate Member, seated as a regular member
Carol Lambiase, Alternate Member
            Eric McDonald, Alternate Member, seated as regular member when Member Sullivan
                    left meeting at 9:59 p.m.
 
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
             Kevin McSherry, Town Attorney
 
 
APPROVAL OF MINUTES
            
  1. It was moved by Sullivan and seconded by Calhoun to approve the minutes of the May 4, 2016, Regular Meeting, with the following amendment:
    • Page 4, Third Paragraph, Sixth Bullet – Reads “Judge demanded this case back to Planning and Zoning Commission.” Change to “Judge remanded this case back to Planning and Zoning Commission.”
Voting for:  Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
 
  1. It was moved by Buchta and seconded by Calhoun to approve, as submitted, the minutes of the May 11, 2016, Special Meeting/Site Visit/Hearing Continuation.
Voting for:  Brinton, Calhoun, Shea, Buchta.
Sullivan abstained.
Unanimous approval.
 
  1. It was moved by Calhoun and seconded by Shea to approve, as submitted, the minutes of the May 11, 2016, Special Meeting.
    Voting for:  Brinton, Calhoun, Shea, Buchta .
    Sullivan abstained.
Unanimous approval.
 
 
 
 
 
BILLS
 
  1. It was moved by Buchta and seconded by Sullivan to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for May 2016, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for:  Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
  1. It was moved by Buchta and seconded by Sullivan to approve the payment of a bill for $125.00, dated for May 11, 2016, from Anne Sohon for recording services for the public hearing (667-687 Amity Road).
Voting for:  Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
  1. It was moved by Sullivan and seconded by Shea to approve the payment of a bill for $125.00, dated for June 1, 2016, from Anne Sohon for recording services for the public hearings (392 Sperry Road, 4 Peck Road, 667-687 Amity Road).
Voting for:  Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
 
GENERAL CORRESPONDENCE
 
  1. Letter from Ronald Walters, Senior Environmental Analyst, dated May 31, 2016, Re:  No comment on review of application for 392 Sperry Road, accessory apartment.
  2. Email from Michael Calhoun, Planning and Zoning Commission member, dated May 13, 2016, Re:  Four photographs from site walk on May 11, 2016, of the property located at  4 Peck Road.
  3. Letter from James Sakonchick, to Rod White, Fire Marshal, dated May 23, 2016, Re:  Response to Fire Marshal letter dated May 3, 3016, 4 Peck Road.
  4. Letter from James Sakonchick, submitted May 27, 2016, Re:  Response comments to letter from Hiram Peck, dated April 30, 2016, 4 Peck Road.
  5. Letter from James Sakonchick, submitted June 1, 2016, Re:  What is Connecticut Statute Requirements for units of comparable size and workmanship per Section 8-2g, 4 Peck Road.
  6. Letter from Rod White, Fire Marshal, dated June 1, 2016, Re:  Response to Mr. Sakonchick email dated May 23, 2016, 4 Peck Road.
  7. Letter from Dave Nafis, Town Engineer, dated June 1, 2016, Re:  Comments on review of proposed development at 4 Peck Road.
  8. Report from F.A. Hesketh & Associates, to James Sakonchick dated May 31, 2016, Re:  Traffic Impact Report, Hotchkiss Set-Aside Development, 4 Peck Road.
  9. Letter from Quinnipiack Valley Health District, dated June 1, 2016, Re:  Comments on review of Hiram Peck memo dated April 30, 2016, 4 Peck Road.
  10. For record of 667-687 Amity Road, copy of Final Report, Artificial Turf Study, Leachate and Stormwater Characteristics, Connecticut Department of Environmental Protection, July 2010.
  11. Submitted by John Paul Garcia, 4 pages of Certificate of Mailings regarding application for 667-687 Amity Road, construction of soccer fields and building.
  12. Letter from John Paul Garcia, P.E./L.S., dated May 16, 2016, Re:  Response to Nafis and Young letter dated May 6, 2016, and to ZEO letter dated April 1, 2016, 667-687 Amity Road.
  13. Letter from Nafis and Young, dated May 23, 2016, Re:  Comments on review of revised plans dated May 16, 2016, for 667-687 Amity Road.
  14. Email from James Woodward, dated May 27, 2016, Re:  Request for 90-day extension to file mylar for Clifford Drive Estates off of Mesa Drive. 
  15. Letter from Isabel Kearns, ZEO, dated May 20, 2016, to Christopher Lussier of 286 Falls Road, Re:  Release of Violation Notice for private dumps and junkyards.
  16. Letter from State of CT, Department of Economic and Community Development, dated May 18, 2016, Re:  Coastal historic preservation.
     
    PUBLICATIONS AND WORKSHOPS
     
  1. The Connecticut Landscape Architect, Spring 2016.
 
NEW BUSINESS
 
It was moved by Calhoun and seconded by Sullivan to add to the agenda the request from James Woodward, dated May 27, 2016, for a 90-day extension to file mylar for Clifford Drive Estates off of Mesa Drive.
Voting for:  Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
 
Clifford Estates, off of Mesa Drive – It was moved by Sullivan and seconded by Calhoun to grant the 90-day extension to file the mylar for Clifford Estates off of Mesa Drive, submitted by James Woodward, approved March 2, 2016.
Voting for:  Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
 
 
PUBLIC HEARING
 
  • 392 Sperry Road, Application #2016-010 submitted by Mary-Michelle Hirschoff for a Special Exception Permit for an Accessory Apartment –
 
At 7: 16 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.
 
Present for this application was Mary-Michelle Hirschoff, applicant.
 
Isabel Kearns, ZEO, stated that the applicant is asking for a 617 square foot area and the Zoning Regulations allow more square footage.   Ms. Kearns stated that the application meets all the criteria and the applicant has received the necessary approvals.
 
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 – Letter from Ronald Walters, Regional Water Authority, dated May 31, 2016, Re:  No comment on review of application for 392 Sperry Road, accessory apartment.
 
 
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 7:19 p.m., it was moved by Sullivan and seconded by Calhoun to close the public hearing on the subject application.
Voting for:  Brinton, Sullivan, Calhoun, Shea, Buchta.
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 –
 
At 7:21 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 items relative to the subject application.  Exhibit identification was assigned as noted:
A.  Exhibit 2A – Email from Michael Calhoun, Planning and Zoning Commission member, dated May 13, 2016, Re:  Four photographs from site walk on May 11, 2016, of the property located at 4 Peck Road.
  1. Exhibit 2B – Letter from James Sakonchick, to Rod White, Fire Marshal, dated May 23, 2016, Re:  Response to Fire Marshal letter dated May 3, 3016, 4 Peck Road.
  2. Exhibit 2C - Letter from James Sakonchick, submitted May 27, 2016, Re:  Response comments to letter from Hiram Peck, dated April 30, 2016, 4 Peck Road.
  3. Exhibit 2D - Letter from James Sakonchick, submitted June 1, 2016, Re:  What is Connecticut Statute Requirements for units of comparable size and workmanship per Section 8-2g, 4 Peck Road.
  4. Exhibit 2E - Letter from Rod White, Fire Marshal, dated June 1, 2016, Re:  Response to Mr. Sakonchick email dated May 23, 2016, 4 Peck Road.
  5. Exhibit 2F - Letter from Dave Nafis, Town Engineer, dated June 1, 2016, Re:  Comments on review of proposed development at 4 Peck Road.
  6. Exhibit 2G - Report from F.A. Hesketh & Associates, to James Sakonchick dated May 31, 2016, Re:  Traffic Impact Report, Hotchkiss Set-Aside Development, 4 Peck Road.
  7. Exhibit 2H - Letter from Quinnipiack Valley Health District, dated June 1, 2016, Re:  Comments on review of Hiram Peck memo dated April 30, 2016, 4 Peck Road.
  8. Exhibit 2I – Letter from James Sakonchick, dated May 21, 2016, Re:  Opinion comments in Fire Marshal letter of May 3, 2016, 4 Peck Road.
  9. Exhibit 2J – Letter from Michael Katzmark, Water Source Officer for BVFD, dated June 1, 2016, Re:  Concerns on proposed Application #2016-002, 4 Peck Road.
  10. Exhibit 2K – Submitted by James Sakonchick, a plan entitled, “Proposed Building Plans”, dated December 23, 2013, revised to May 22, 2016, prepared by Kratzert, Jones & Associates, Inc., Milldale, Connecticut.
  11. Exhibit 2L – Submitted by Bruce Loomis of 11 Sabrina Drive, a plan with yellow notes attached, entitled “Proposed Site Plan”, dated June 10, 2012, revised to    January 30, 2016.
  12. Exhibit 2M – Submitted by Donna Gentile of 11 Peck Road, hand drawing of slope on Peck Road.
  13. Exhibit 2N – Submitted Jason McNevin of 18 Peck Road, five photographs of road in front of house at 4 Peck Road.
     
    James Sakonchick, owner and applicant for 4 Peck Road, introduced himself and addressed the Commission.
     
    Some of the areas Mr. Sakonchick reviewed are as follows:
    • Stated the proposal is for single family homes.
    • Submitted and reviewed revised plans entitled, “Proposed Site Plan Map” revised to May 20, 2016, and “Proposed Building Plans”, revised to May 22, 2016.
    • Reviewed letter regarding Connecticut Statute requirements per                   Section 8-2g. (Exhibit 2D)
    • Would like to read correspondence submitted as Exhibits from Staff.
 
Also present for the applicant was Mr. Scott Hesketh of F.A. Hesketh & Associates, Inc., East Granby, Connecticut, who reviewed his “Traffic Impact Report” dated May 31, 2016 (Exhibit 2G).
 
Chair Brinton then read in order the names on the sign-up sheets so that the public can comment.  The following public individuals and staff spoke:
    • Bruce Loomis of 11 Sabrina Drive and Chairman of the Conservation Commission.  Submitted Exhibit 2L.
    • Michael Katzmark, Water Source Officer for BVFD, reviewed Exhibit 2J.
    • Donna Gentile of 11 Peck Road.  Submitted Exhibit 2M.
    • Jason MacNevon of 18 Peck Road.  Submitted Exhibit 2N.
 
Mr. Sakonchick then returned to the podium and responded to letters from Quinnipiack Valley Health District(Exhibit 2H), letter from Nafis and Young(Exhibit 2F), letter from Rod White(Exhibit 2E) and letter from Michael Katzmark(Exhibit 2J).
 
Commission members addressed the applicant with questions relating to some of the following areas:
  • Single family home approval under R-65 Zone.  This application comes under 8-30g.
  • Number of occupants Fire Department has to consider.
 
Peter Olson, Special Counsel, asked the applicant, Mr. Sakonchick, if he would grant an extension to continue the public hearing.  Attorney Olson explained that the Commission has received new information which needs to be reviewed by the Commission’s experts.
 
Mr. Sakonchick was not in favor of granting the extension to continue the public hearing.
 
 
 
 
 
 
Attorney Olson then recommended the Commission close the public hearing.
 
At 9:09 p.m., it was moved by Buchta and seconded by Sullivan to close the public hearing on the subject application.
Voting for:  Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
 
 
Chair Brinton recessed the public hearing at 9:09 p.m. for a brief break.  The hearing commenced at 9:20 p.m.
 
 
PUBLIC HEARING
 
  • 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 9:20 p.m., Chair Brinton called the public hearing to order.   Roll call was taken.        Chair Brinton read the notice for continuation of 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:
  1. Exhibit 2A – Submitted by John Paul Garcia, 4 pages of Certificate of Mailings regarding application for 667-687 Amity Road, construction of soccer fields and building.
  2. Exhibit 2B - Letter from John Paul Garcia, P.E./L.S., dated May 16, 2016, Re:  Response to Nafis and Young letter dated May 6, 2016, and to ZEO letter dated   April 1, 2016, 667-687 Amity Road.
  3. Exhibit 2C - Letter from Nafis and Young, dated May 23, 2016, Re:  Comments on review of revised plans dated May 16, 2016, for 667-687 Amity Road.
  4. Exhibit 2D - For record of 667-687 Amity Road, copy of Final Report, Artificial Turf Study, Leachate and Stormwater Characteristics, Connecticut Department of Environmental Protection, July 2010.
  5. Exhibit 2E – Letter from John Paul Garcia, P.E./L.S., dated June 1, 2016, Re:  Request for waiver of architectural renderings for 667-687 Amity Road.
  6. Exhibit 2F – Submitted by Debra Bostrom of 8 Donna Street, Beacon Falls, CT, three pages of signatures for petition against the building of new soccer club, offices, and practice fields at 667-687 Amity Road.
  7. Exhibit 2G – Submitted by Barbara Soltis of 107 Poplar Drive, Shelton, CT, two pages of article entitled, “Turf Wars:  Pros and Cons of Artificial Turf”.
     
  8. Exhibit 2H – Submitted by Philip Rokosa of 37 Falls Brook Road, Bristol, CT, three articles on artificial turf.
  9. Exhibit 2I – Submitted by Philip Rokosa of 37 Falls Brook Road, Bristol, CT, four pages of different Connecticut Football League locations.
 
Present to speak on behalf of these applications were the following:
  • John Paul Garcia, P.E., representing the applicant, Matt Micros.
  • Matt Micros, applicant
  • Attorney Edward Farrell of Hamden, CT
 
Attorney Farrell introduced himself and stated to the Commission that he is representing the applicant. 
 
The next person to speak was Matt Micros, applicant, who expressed his reasons for coming to Bethany and feels this proposal is a good opportunity.
 
Next was John Paul Garcia, P.E./L.S. who noted the following:
  • Submitted revised drawings dated May 16, 2016.
  • Will submit architectural renderings when submit building application to Building Department.
  • There was discussion regarding the placement of netting along Amity Road.  Applicant is willing to comply.
     
Commission members noted some of their concerns:
  • Contamination from the artificial turf.
  • Height of the berm.  (Mr. Garcia stated berm has been lowered.)
  • Preliminary architectural plans.  (Mr. Garcia submitted letter to waive request Exhibit 2E).
  • Color of building to possibly match firehouse.
  • Height of the wall.  (Mr. Garcia stated slightly modified 6 inches or so.)
 
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: 
  • Bruce Loomis of 11 Sabrina Drive and Chairman of the Conservation Commission. 
  • Paul Gambardella of 259 Currier Drive, Orange, CT
  • Ray Petruccelli of 40 Lacey Road, Bethany, CT
  • Eric Soltis of 107 Poplar Drive, Shelton, CT
  • Brian Ogrisek of 64 Gail Drive, Naugatuck, CT
  • Debra Bostrom of 8 Donna Street, Beacon Falls, CT
  • Judith Smith of 34 Tawney Drive, Bethany, CT
  • David Tuttle of 2 William Lane, Seymour, CT
  • Randy Warner of 50 Miller Road, Bethany, CT
  • Barbara Soltis of 107 Poplar Drive, Shelton, CT
  • Jocelyn Grzywacz of 40 Morrell Avenue, Milford, CT
  • Philip Rokosa of 37 Falls Brook Road, Bristol, CT
  • Tony Luciani of 1733 Litchfield Turnpike, Woodbridge, CT
 
Mr. Garcia stated there are no requirements for a traffic study. 
 
At 9:59 p.m., it was moved by Calhoun and seconded by Buchta to close the public hearing on the subject application.
Voting for:  Brinton, Sullivan, Calhoun, Shea, Buchta.
Unanimous approval.
 
 
Member Michael Sullivan left the regular meeting at 9:59 p.m.  Chair Brinton seated        Eric McDonald as a voting member in Member Sullivan’s absence.
 
 
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 – The Commission scheduled a Special meeting for work session on Wednesday, June 22, 2016, at 7:00 p.m. in the Commission Meeting Room.  Tabled.
     
  2. 6 Sargent Drive, Application #2016-008 submitted by Station-Glo of New England for a permit to install a monument sign –
 
Present for this application was John LeClerc, representative from Station-Glo of New England.  Mr. LeClerc submitted a photograph of an example of an internally lit sign, dated June 1, 2016. 
 
Mr. LeClerc granted a 37-day extension for the Commission to act on said application.
 
The Commission added this item to the agenda for the Special Meeting scheduled for Wednesday, June 22, 2016, at 7:00 p.m. in the Commission Meeting Room.  Tabled.
 
 
  1. 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 – The Commission scheduled a Special meeting for discussion and possible action on this application for Wednesday, June 22, 2016, at 7:00 p.m. in the Commission Meeting Room.  Tabled.
     
  2. 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 –
    The Commission scheduled a Special meeting for discussion and possible action on this application for Wednesday, June 22, 2016, at 7:00 p.m. in the Commission Meeting Room.  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 – The Commission scheduled a Special meeting for discussion and possible action on this application for Wednesday, June 22, 2016, at 7:00 p.m. in the Commission Meeting Room.  Tabled.
 
  1. 392 Sperry Road, Application #2016-010 submitted by Mary-Michelle Hirschoff for a Special Exception Permit for an Accessory Apartment –
 
Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate. 
 
It was moved by Calhoun and seconded by McDonald to approve the following resolution for Application #2016-010:
 
Whereas, Mary-Michele Hirschoff applied to the Planning and Zoning Commission on   May 3, 2016 for a Special Exception Permit for a 617 square foot accessory apartment to be located within a portion of the basement of the existing home located at the property known as 392 Sperry Road;
 
Whereas, the Planning and Zoning Commission opened a public hearing on Application #2016-010 for a Special Exception for an accessory apartment located at 392 Sperry Road on June 1, 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. Kristin Amadeo, Quinnipiack Valley Health District Representative, signed off on the back of the application form on May 2, 2016 indicating her approval of the accessory apartment.
  2. The Commission received correspondence dated May 31, 2016, from Ronald Walters, South Central Connecticut Regional Water Authority Representative, in which he states he has no comment.
  3. Roderick White, Fire Marshal, signed off on the back of the application form on    June 1, 2016 indicating his approval.
  4. The application and Statement of Use dated May 3, 2016, demonstrates that the proposed accessory apartment would contain only 617 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 Mary-Michele Hirschoff for a Special Exception Permit for a   617 square foot accessory apartment (Application #2016-010) as shown on the floor plan submitted May 3, 2016, and as per the statement of use also dated May 3, 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.
    Voting for:  Brinton, Calhoun, Shea, Buchta, McDonald.
    Unanimous approval.
 
 
  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 McDonald to adjourn the regular meeting at10:45 p.m.
Voting for:  Brinton, Calhoun, Shea, Buchta, McDonald.
Unanimous approval.
 
 
Respectfully submitted,
 
 
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
 
 
 
 
 
 
 
, JUNE 1, 2016                Page 1 of 11
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