Friday, July 8, 2016


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION SPECIAL MEETING OF WEDN
 
The Special Meeting of the Planning and Zoning Commission was called to order at 7:16 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 Sullivan, Vice-Chairman
            Michael Calhoun, Member
            Donna Shea, Member
            Bradford Buchta, Alternate Member
            Carol Lambiase, Alternate Member, seated as a voting member
 
The following Commission Members were absent:
            Douglas Goldner, Member
            Eric McDonald, Alternate Member
 
Also present were:
             Hiram Peck, Planning Consultant
             Isabel Kearns, Zoning Enforcement Officer  
             Kevin McSherry, Town Attorney
             Peter Olson, Special Counsel
 
 
  • Discussion 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 :
  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.
 
Commission members discussed the plans submitted for the applications and the record from the public hearing.  The Commission then proceeded to deliberate.
 
 
It was moved by Sullivan and seconded by Calhoun to approve the request to waive the submission by the applicant of the architectural renderings at this time.
Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.
Unanimous approval.
 
 
 
 
 
 
 
 
  1. 667-687 Amity Road – It was moved by Sullivan and seconded by Calhoun to approve the following resolution for Application #2016-003:
 
Whereas, the owner of the property, Mario Gambardella, Trustee, signed the application which listed 667 Amity Road, LLC/Matt Micros as being the applicant.  This document was dated   April 4, 2016;
 
Whereas, the applicant, Matt Micros, authorized John Paul Garcia to be his agent in a letter dated March 17, 2016;
 
Whereas, the Commission held a public hearing at their Special Meeting of May 11, 2016.  Said hearing was recessed until the Regular Meeting of June 1, 2016 for this Site Plan Application   (#2016-003) which is being held in conjunction with the public hearings for the Special Exception Earth Removal/Filling Application (#2016-007) and a New Use Permit (#2016-006);
 
Whereas, the public hearing was closed at the conclusion of testimony on June 1, 2016;
 
Whereas, the Commission, at its Special Meeting of June 22, 2016, considered the plans, testimony, statement of use and other pertinent application information relating to this site plan for a commercial indoor soccer club building and two outdoor soccer fields including associated site work at 667-687 Amity Road (#2016-003);
 
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
  1. The Commission received correspondence dated April 11, 2016, from Ronald Walters, South Central Connecticut Regional Water Authority representative, in which he made routine comments regarding the maintenance of erosion and sedimentation measures and the above-ground storage of fuel oil.  Any hazardous materials should be stored in a secondary container.  He also stated that the existing building should be examined for hazardous materials prior to demolition.  Demolition materials should be removed from the construction site and disposed of properly.  Lastly, he stated that runoff from the driveway and parking area should be pretreated prior to infiltration.  Roof drainage does not require pretreatment.  An inspection and maintenance schedule for the stormwater management system should be included on the site plan and so should the party responsible for the inspection and maintenance of the system.
  2. The Commission received a letter dated April 12, 2016, from Roderick White, Fire Marshal, who indicated that he is unable to make specific comments at this time.  However, he noted that a building of this size will have specific requirements regarding the Connecticut Fire Safety Code (CFSC) and the corresponding National Fire Protection Association (NFPA) documents.  The plans presented for review will need to be completed by a Certified Design Professional who is trained in recognizing and providing for the subsequent requirements.
     
     
     
  3. The Commission received a letter dated April 5, 2016, from the Inlands Wetlands Commission in which they offer the following stipulations: 1) They would like the Planning and Zoning Commission’s review to include a review by their Consulting Engineer that the drainage, as presented to the Inland Wetlands Commission, is accurate.  2)  There shall be no lighting on the outside soccer fields or in the westerly parking lot and if that is proposed, the applicant will need to submit to the Inland Wetlands Commission for review.  3)  The use of impervious surface for the easterly parking lot should be considered.
  4. The Commission received a letter dated May 4, 2016, from John Laudano of the Quinnipiack Valley Health District in which he states the drawing demonstrates that a viable septic system could be installed on the property in conjunction with the proposed buildings and proposed use of the property.
  5. The Commission received a letter dated May 6, 2016, from Dave Nafis, Town Engineer, in which he offers the following comments:  1) The modular block wall along the northerly property line, the drawings have the maximum height listed differently.  Confirm height and that the reinforcing mesh will not extend over property line. 2)  Are there any measures proposed from keeping soccer balls from leaving the site?  3) More erosion control will be needed at intermediate stages during throughout this project.  4)  Check the Stormwater storage volume.  Based on the design, my calculations are for around 16,000 CF for the rear area, using 40% void space for stone.  5)  What is going to happen with the easements across the property?  6)  What is the use of the proposed building?  7)  Are there any loading spaces?  8) Does the site lighting impact neighboring properties?  It appears there is not lighting for the fields.   10)  Where will the material stockpile areas be located?   11)  Are there any sidewalks into or around the building?  To the fields?  12)  Handicapped access to building and fields?  The Commission subsequently received a letter from Mr. Nafis dated Mary 23, 2016, in which he states that Mr. Garcia has addressed most of our issues.  Mr. Garcia supplied him with additional information regarding the storage volume for the drainage system and they appear to be correct.  The drainage system has adequate capacity.  However, he recommends that a few of his comments be made part of the conditions of approval:  1) Should soccer balls leaving the site become an issue, the applicant will be responsible for taking the appropriate actions for correcting it.  2) The applicant shall be responsible for implementing any necessary soil and erosion control measures and that the plans shall serve as the minimum requirements.   3) There is no field lighting.
     
    Now Therefore Be It Resolved, that pursuant to Section 5.2.A. of the Bethany Zoning Regulations, amended October 30, 2015, the Bethany Planning  and Zoning Commission approves the Site Plan Application to construct a 62,500 square foot commercial indoor soccer club building and two outdoor soccer fields including associated site work located at 667-687 Amity Road, as presented in the application, statement of use and testimony and as per the following plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
  1. “Existing Conditions Map”, dated February 3, 2016, with no revisions, Drawing No. C-1.
 
 
  1. “Site Development Plan”, dated February 3, 2016, revised to May 16, 2016, Drawing No. C-2.
  2. “Erosion and Sediment Control Plan”, dated February 3, 2016, revised to May 16, 2016, Drawing No. C-3.
  3. “Stormwater Management and Layout Plan”, dated February 3, 2016, revised to   May 16, 2016, Drawing No. C-4.
  4. “Lighting and Landscaping Plan”, dated February 3, 2016, revised to May 16, 2016, Drawing No. C-5.
  5. “Lighting and Landscaping Details”, dated February 3, 2016, with no revisions, Drawing No. C-6.
  6. “Typical Details”, dated February 3, 2016, revised to May 16, 2016, Drawing        No. C-7.
  7. “Typical Details”, dated February 3, 2016, with no revisions, Drawing No. C-8.
  8. “Septic Plan”, dated March 31, 2016, Drawing No. C-9.
 
And with the following conditions:
  1. An estimate for sedimentation and erosion controls measures must be submitted by the applicant and approved by Town Engineer.  Said bond must be in place prior to the commencement of any site work and must be in a form acceptable to town counsel.
  2. Prior to commencement of site work, the Zoning Enforcement Officer shall inspect and approve ALL erosion control measures.
  3. Per the letter from Ron Walters, SCCRWA representative, an inspection and maintenance schedule for the stormwater management system should be included on the site plan.  The party responsible for inspection and maintenance of the system should also be identified on the site plan.
  4. A lot-line revision map must be reviewed and approved by the Zoning Enforcement Officer and filed on the land records prior to any permits being issued.
  5. Should soccer balls leaving the site become an issue; the applicant will be responsible for taking the appropriate actions for correcting it.
  6. The applicant shall be responsible for implementing any necessary soil and erosion controls measures, as the plans shall serve as the minimum requirements.
  7. There is no field lighting proposed at this time.
  8. There shall be no parking of vehicles at the airport at any time.
  9. If future designated additional parking is needed, the applicant will re-apply to the Planning and Zoning Commission for said parking.
  10. The Commission waived the requirement for the submission of architectural renderings at this time but the applicant shall be required to submit architectural renderings, plans for changing the screening and further information on the field surface prior to the issuance of a building permit by the Zoning Enforcement Officer.
Vote 5 to 0.
Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.
Unanimous approval.
 
 
 
  1. 667-687 Amity Road – It was moved by Sullivan and seconded by Lambiase to approve the following resolution for Application #2016-006:
 
Whereas, the owner of the property, Mario Gambardella, Trustee, signed the application which listed  667 Amity Road, LLC/Matt Micros as being the applicant.  This document was dated April 4, 2016;
 
Whereas, the applicant, Matt Micros, authorized John Paul Garcia to be his agent in a letter dated March 17, 2016;
 
Whereas, the Commission held a public hearing at their Special Meeting of May 11, 2016.  Said hearing was recessed until the next Regular Meeting of June 1, 2016, for this new use soccer club (#2016-006) which is being held in conjunction with the public hearing for the Special Exception Earth Removal/Filling Application (#2016-007) and Site Plan Approval for construction of a 62,500 square foot building and two soccer fields and associated site work (#2016-003);
 
Whereas, the public hearing was closed at the conclusion of testimony on June 1, 2016;
 
Whereas, the Commission at its Special Meeting of June 22, 2016, considered the plans, testimony, statement of use and other pertinent application information relating to this new use permit to operate a soccer club at 667-687 Amity Road (2016-006);
 
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
  1. The Commission received correspondence dated April 11, 2016, from Ronald Walters, South Central Connecticut Regional Water Authority representative, in which he offers boilerplate comments for erosion and sedimentation controls, fuel oil storage and hazardous material storage.  He also said that the existing building should be examined for hazardous materials prior to demolition and demolition material should be removed from the construction site and disposed of properly.  Also, runoff from the driveway and parking should be pretreated prior to infiltration.  Roof drainage does not require pretreatment.  An inspection and maintenance schedule for the stormwater management system should be included on the site plan.  The party responsible for inspection and maintenance of the system should also be identified on the site plan.
  2. The Commission received a letter dated April 12, 2016, from Roderick White, Fire Marshal, who indicated that he is unable to make specific comments at this time.  However, he noted that a building of this size will have specific requirements in regards to the Connecticut Fire Safety Code (CFSC) and the corresponding National Fire Protection Association (NFPA) documents.  The plans presented for review will need to be completed by a Certified Design Professional who is trained in recognizing and providing for the subsequent requirements.
 
 
 
 
  1. The Commission received a letter dated April 5, 2016, from the Inlands Wetlands Commission in which they offer the following stipulations: 1)  Would like the Planning and Zoning Commission’s review to include a review by their Consulting Engineer that the drainage, as presented to the Inland Wetlands Commission, is accurate.  2)  There shall be no lighting on the outside soccer fields or in the westerly parking lot and if that is proposed, the applicant will need to submit to the Inland Wetlands Commission for review.  3)  The use of impervious surface for the easterly parking lot should be considered.
  2. The Commission received a letter dated May 4, 2016, from John Laudano of the Quinnipiack Valley Health District, which states the drawing demonstrates that a viable septic system could be installed on the property in conjunction with the proposed buildings and proposed use of the property.
  3. The Commission received a letter dated May 6, 2016, from Dave Nafis, Town Engineer, in which he offers the following comments:  1) The modular block wall along the northerly property line, the drawings have the maximum height listed differently.  Confirm height and that the reinforcing mesh will not extend over property line. 2)  Are there any measures proposed from keeping soccer balls from leaving the site?  3) More erosion control will be needed at intermediate stages during throughout this project.  4)  Check the Stormwater storage volume.  Based on the design, my calculations are for around 16,000 CF for the rear area, using 40% void space for stone.  5)  What is going to happen with the easements across the property?  6)  What is the use of the proposed building?  7)  Are there any loading spaces?  8) Does the site lighting impact neighboring properties?  It appears there is not lighting for the fields.   10)  Where will the material stockpile areas be located?   11)  Are there any sidewalks into or around the building?  To the fields?  12)  Handicapped access to building and fields?
 
Now Therefore Be It Resolved, that pursuant to Section 5.1.A. of the Bethany Zoning Regulations, amended to October 30, 2015, the Bethany Planning and Zoning Commission approves the New Use of a soccer club located at 667-687 Amity Road, as presented in the application, including the statement of use and testimony.
 
And with the following modifications:
  1. Should soccer balls leaving the site become an issue; the applicant will be responsible for taking the appropriate actions for correcting it.
  2. The applicant shall be responsible for implementing any necessary soil and erosion controls measures and that the plans shall serve as the minimum requirements.
  3. There is not field lighting proposed at this time.
  4. There shall be no parking at the airport at any time.
  5. If future designated additional parking is needed the applicant will re-apply to the Planning & Zoning Commission for said parking.
    Vote 5 to 0.
    Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.
    Unanimous approval.
     
     
     
  1. 667-687 Amity Road – It was moved by Sullivan and seconded by Shea to approve the following resolution for Application #2016-007:
 
Whereas, the owner of the property, Mario Gambardella, Trustee, signed the application which listed 667 Amity Road, LLC/Matt Micros as being the applicant.  This document was dated  April 4, 2016;
 
Whereas, the applicant, Matt Micros, authorized John Paul Garcia to be his agent in a letter dated March 17, 2016;
 
Whereas, the Commission held a public hearing at their special meeting of May 11, 2016.  Said hearing was recessed until the Regular Meeting of June 1, 2016, for this Special Exception – Earth Excavation/Filling at 667-687 Amity Road (#2016-007) which is being held in conjunction with the public hearing for Site Plan Approval to construct a 62,500 square foot commercial indoor soccer club building and two outdoor soccer fields including associated site work (#2016-003) and a New Use Permit (#2016-006);
 
Whereas, the public hearing was closed at the conclusion of testimony on June 1, 2016;
 
Whereas, the Commission, at its Special Meeting of June 22, 2016, considered the plans, testimony, statement of use and other pertinent application information relating to this Special Exception – Earth Excavation/Filling at 667-687 Amity Road (#2016-007);
 
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
  1. The Commission received correspondence dated April 11, 2016, from Ronald Walters, South Central Connecticut Regional Water Authority representative, in which he made routine comments regarding the maintenance of erosion and sedimentation measures and the above-ground storage of fuel oil.  Any hazardous materials should be stored in a secondary container.  He also stated that the existing building should be examined for hazardous materials prior to demolition.  Demolition materials should be removed from the construction site and disposed of properly.  Lastly, he stated that runoff from the driveway and parking area should be pretreated prior to infiltration.  Roof drainage does not require pretreatment.  An inspection and maintenance schedule for the stormwater management system should be included on the site plan and so should the party responsible for the inspection and maintenance of the system.
  2. The Commission received a letter dated April 12, 2016, from Roderick White, Fire Marshal, who indicated that he is unable to make specific comments at this time.  However, he noted that a building of this size will have specific requirements in regards to the Connecticut Fire Safety Code (CFSC) and the corresponding National Fire Protection Association (NFPA) documents.  The plans presented for review will need to be completed by a Certified Design Professional who is trained in recognizing and providing for the subsequent requirements.
 
 
 
  1. The Commission a letter dated April 5, 2016, from the Inlands Wetlands Commission in which they offer the following stipulations:  1)  Would like the Planning and Zoning Commission’s review to include a review by their Consulting Engineer that the drainage, as presented to the Inland Wetlands Commission, is accurate.  2)  There shall be no lighting on the outside soccer fields or in the westerly parking lot and if that is proposed, the applicant will need to submit to the Inland Wetlands Commission for review.  3)  The use of impervious surface for the easterly parking lot should be considered.
  2. The Commission received a letter dated May 4, 2016, from John Laudano of the Quinnipiack Valley Health District which states the drawing demonstrates that a viable septic system could be installed on the property in conjunction with the proposed buildings and proposed use of the property.
  3. The Commission received a letter dated May 6, 2016, from Dave Nafis, Town Engineer, in which he offers the following comments:  1) The modular block wall along the northerly property line, the drawings have the maximum height listed differently.  Confirm height and that the reinforcing mesh will not extend over property line. 2)  Are there any measures proposed from keeping soccer balls from leaving the site?  3) More erosion control will be needed at intermediate stages during throughout this project.  4)  Check the Stormwater storage volume.  Based on the design, my calculations are for around 16,000 CF for the rear area, using 40% void space for stone.  5)  What is going to happen with the easements across the property?  6)  What is the use of the proposed building?  7)  Are there any loading spaces?  8) Does the site lighting impact neighboring properties?  It appears there is not lighting for the fields.   10)  Where will the material stockpile areas be located?   11)  Are there any sidewalks into or around the building?  To the fields?  12)  Handicapped access to building and fields?
 
Now Therefore Be It Resolved, that pursuant to Section 8 of the Bethany Zoning Regulations, amended to October 30, 2016, the Bethany Planning and Zoning Commission approves this Special Exception – Earth Excavation/Filling for the purpose of constructing a 62,500 square foot commercial indoor soccer club building and two outdoor soccer fields including associated site work at 667-687 Amity Road, as presented in the application, including the statement of use and testimony and as per the following plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
  1. “Existing Conditions Map”, dated February 3, 2016, with no revisions, Drawing No. C-1.
  2. “Site Development Plan”, dated February 3, 2016, revised to May 16, 2016, Drawing No. C-2.
  3. “Erosion and Sediment Control Plan”, dated February 3, 2016, revised to May 16, 2016, Drawing No. C-3.
  4. “Stormwater Management and Layout Plan”, dated February 3, 2016, revised to    May 16, 2016, Drawing No. C-4.
  5. “Lighting and Landscaping Plan”, dated February 3, 2016, revised to May 16, 2016, Drawing No. C-5.
  6. “Lighting and Landscaping Details”, dated February 3, 2016, with no revisions, Drawing No. C-6.
 
 
  1. “Typical Details”, dated February 3, 2016, revised to May 16, 2016, Drawing        No. C-7.
  2. “Typical Details”, dated February 3, 2016, with no revisions, Drawing No. C-8.
  3. “Septic Plan”, dated March 31, 2016, Drawing No. C-9.
 
And with the following conditions:
  1. An estimate for sedimentation and erosion controls measures must be submitted by the applicant and approved by Town Engineer.  Said bond must be in place prior to the commencement of any site work.
  2. Prior to commencement of site work, the ZEO shall inspect and approve ALL erosion control measures.
  3. The height of the wall shall be no higher than six feet.
Vote 5 to 0.
Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.
Unanimous approval.
 
 
  • Discussion and possible action on Application #2016-008 submitted by Station-Glo of New England for a permit to install a monument sign located at 6 Sargent Drive.
 
Present for this discussion for Hank Ellison of Station-Glo of New England. 
 
Hiram Peck, Planning Consultant, stated the Bethany Zoning Regulations do not allow internally lite signs and the proposed sign qualifies as an internally lite sign.  Mr. Peck then stated it was his recommendation that as presented the proposed sign does not meet the Zoning Regulations.
 
Commission members discussed a zone text amendment pertaining to internally lite signs.
 
Mr. Ellison submitted a letter dated June 22, 2016, to withdraw Application #2016-008.
 
It was moved by Calhoun and seconded by Sullivan that the applicant, Hank Ellison of Station-Glo of New England withdrew Application #2016-008 and that the Commission will waive the application fee at the time the applicant reapplies.
Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.
Unanimous approval.
 
 
 
 
 
 
 
 
 
 
 
  • Work session regarding Application #2016-002 submitted by James Sakonchick for property located at 4 Peck Road to obtain site plan approval of “Set-Aside Development” for new construction of 4-Unit Multi-Family Dwelling in accordance with CGS 8-30g.
 
Present for this work session was Peter Olson, Special Counsel.
 
The discussion was from information only based on what is in the public hearing record; such as fire safety, public health safety, traffic safety and driveway safety.
 
It was the consensus of the Planning and Zoning Commission to direct Mr. Olson and Mr. Peck to draft a decision and bring back to the regular meeting scheduled for July 6, 2016.
Tabled.
 
 
ADJOURNMENT
 
There being no further business to come before the Commission, it was moved by Sullivan and seconded by Calhoun to adjourn the Special Meeting at 9:05 p.m.
Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.
Unanimous approval.
 
Respectfully submitted,
 
 
 
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
 
 
 
ESDAY, JUNE 22, 2016                                                     Page 1 of 10
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