MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WE

The regular meeting of the Planning and Zoning Commission was called to order at 7:07 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, Chairman

            Michael Sullivan, Vice-Chairman

            Michael Calhoun, Member

            Donna Shea, Member

            Bradford Buchta, Alternate Member, seated as a voting member

Carol Lambiase, Alternate Member

            Eric McDonald, Alternate Member

 

The following Commission Members were absent:

            Doug Goldner, Member

 

Also present were:

             Hiram Peck, Planning Consultant

             Isabel Kearns, Zoning Enforcement Officer

  

 

ELECTION OF OFFICERS

 

It was opened by Calhoun and seconded by Shea to nominate Kim Brinton as Chairman of the Planning and Zoning Commission for the term of July 2016 to June 2017.

Voting for:  Sullivan, Calhoun, Shea, Buchta.

Unanimous approval.

 

It was moved by Sullivan and seconded by Calhoun to accept and approve the nomination of Kimberly McClure Brinton as Chairman of the Planning and Zoning Commission for the term of July 2016 to June 2017.

Voting for:  Sullivan, Calhoun, Shea, Buchta.

Unanimous approval.

 

It was opened by Calhoun and seconded by Brinton to nominate Michael Sullivan as Vice-Chairman of the Planning and Zoning Commission for the term of July 2016 to June 2017.

Voting for:  Brinton, Calhoun, Shea, Buchta.

Unanimous approval.

 

It was moved by Buchta and seconded by Calhoun to accept and approve the nomination of Michael Sullivan as Vice-Chairman of the Planning and Zoning Commission for the term of July 2016 to June 2017.

Voting for:  Brinton, Calhoun, Shea, Buchta.

Unanimous approval.

 

 

 

 

 

 

 

It was moved by Brinton and seconded by Sullivan to accept and approve the nomination of Michael Calhoun as Secretary of the Planning and Zoning Commission for the term of July 2016 to June 2017.

Voting for:  Brinton, Sullivan, Shea, Buchta.

Unanimous approval.

 

It was moved by Brinton and seconded by Sullivan to accept and approve the nomination of Michael Calhoun as Representative to the South Central Regional Planning Commission for the term of July 2016 to June 2017.

Voting for:  Brinton, Sullivan, Shea, Buchta.

Unanimous approval.

 

 

APPROVAL OF MINUTES

            

1. It was moved by Shea and seconded by Buchta to approve, as submitted, the minutes of the August 3, 2016, Regular Meeting.
   Abstaining were:  Sullivan and Calhoun.
   Voting for:  Brinton, Shea, Buchta.

Unanimous approval.

 

 

BILLS

 

1. It was moved by Sullivan and seconded by Calhoun to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for August 2016, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

1. It was moved by Calhoun and seconded by Sullivan to approve the payment of a bill for $125.00, dated for September 7, 2016, from Anne Sohon for recording services for the public hearing (591 Amity Road).
   Voting for:  Brinton, Sullivan, Calhoun, Shea, Buchta.

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1. Letter from Bruce Loomis, Chairman, Bethany Conservation Commission, dated    August 15, 2016, Re:  Conservation Commission comments on review of Application #2016-013 for 591 Amity Road.
2. Copy of Inland Wetlands Permit #1263, approved on July 25, 2016, for a two-lot resubdivision located at 591 Amity Road.
3. Letter from Michael Katzmark, Water Source Officer, Bethany Volunteer Fire Department, dated September 3, 2016, Re:  Comments on review of proposed Application #2016-013 for 591 Amity Road.
    
    
    
    
4. Email from Paul R. Jessell, Attorney for James Woodward, dated August 30, 2016, Re:  Request for a second 90-day extension for filing the mylar for the Five-lot Subdivision located at 48 Mesa Drive - Clifford Drive Estates.
5. Memo from Hiram Peck, Planning Consultant, dated July 29, 2016, revised and sent August 4, 2016, Re:  Lighted Signs in Business and Industrial Zone.
    
    

PUBLIC HEARING

 

• 591 Amity Road, Application #2016-013 submitted by Tammy Ronan for a Two-lot Resubdivision, waiver request for the provision of open space and waiver request for water source for fire protection -
   

At 7:25 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 to speak at public hearing for this application was Mr. Bill Walters of John Paul Garcia & Associates.  Mr. Walters provided a brief presentation of the proposed resubdivision.  Mr. Walters noted that he has received approval from Quinnipiack Valley Health District and he believes John Paul Garcia has had a conversation with Bruce Loomis of the Conservation Commission in regard to fees in lieu of open space requirement.  Also, Mr. Walters stated there are a pond and a fire hydrant across the street in regard to the request for a waiver of water source for fire protection.

 

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 Bruce Loomis, Chairman, Bethany Conservation Commission, dated    August 15, 2016, Re:  Conservation Commission comments on review of Application #2016-013 for 591 Amity Road.
2. Exhibit 1B - Copy of Inland Wetlands Permit #1263, approved on July 25, 2016, for a two-lot resubdivision located at 591 Amity Road.
3. Exhibit 1C - Letter from Michael Katzmark, Water Source Officer, Bethany Volunteer Fire Department, dated September 3, 2016, Re:  Comments on review of proposed Application #2016-013 for 591 Amity Road.

 

Chair Brinton stated there was not a receipt in the application file from the applicant that notice was given to the neighbors of the public hearing date.

 

The Commission would like to visit the site and have the maple trees flagged, that were mentioned in a letter from Ray Pantalone, Tree Warden, dated July 27, 2016.  The Commission scheduled the site visit for Wednesday, October 5, 2016, at 6:00 p.m.  Commission members to meet at the site.

 

Hiram Peck, Planning Consultant, would like to see breakdown of buildable area.

 

 

 

 

 

Chair Brinton stated the Commission should look at the water source for fire protection and the maple trees when visiting the site, discuss fees in lieu for open space requirement and the applicant needs to submit application fees and receipt of mailing.

 

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 7:53 p.m., it was moved by Sullivan and seconded by Calhoun to continue the public hearing on the subject application to the next regular meeting scheduled for Wednesday, October 5, 2016, at 7:15 p.m. in the Commission Meeting Room at the Bethany Town Hall.

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

Unanimous approval.

 

 

NEW BUSINESS

 

1. 696 Amity Road, Unit GL-3, Application #2016-014 submitted by Mena Argentari for a Business Change of Use – Hair Salon –
    

The Commission formally received the application.   No one was present to speak on behalf of this application.

 

Isabel Kearns, ZEO, gave a brief overview.

 

Also, Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Calhoun to approve the following resolution for Application #2016-014:

 

Whereas, Mena Argentari applied on September 7, 2016, to the Bethany Planning and Zoning Commission for a Business Change of Use Permit to operate a hair salon located from Unit GL-3 at 696 Amity Road;

 

Whereas, Taro, LLC/Brian Botti, owner of Unit GL-3 at 696 Amity Road, authorized Mena Argentari to apply to the Commission for the Business Change of Use Permit to operate a hair salon in an email dated August 15, 2016;

 

Whereas, the Commission, at its regular meeting of September 7, 2016, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate a hair salon in Unit GL-3 located at 696 Amity Road;

 

 

 

 

 

 

 

 

 

Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;

 

Now Therefore the Commission makes the following findings of fact:

1. John Laudano, Quinnipiack Valley Health District Representative, signed off on the back of the application form on August 31, 2016, indicating his approval. 
2. Rod White, Fire Marshal, sent an e-mail dated September 2, 2016, in which he states he has no problem with the hair salon being located at 696 Amity Road, Unit GL3.  However, he states they will need a tenant fit out permit prior to occupying the building.
3. The Commission received a letter dated August 23, 2016, from Ronald Walters of the South Central Connecticut Regional Water Authority in which he states he has no comments.
    
   Now Therefore Be It Resolved, that pursuant to Section 5.5.A. of the Bethany Zoning Regulations, amended to October 30, 2015, the Bethany Planning and Zoning Commission approves the Business Change of Use Permit to allow a hair salon in Unit GL-3 located at 696 Amity Road (Application #2016-014), as presented in the application, statement of use and testimony and with the following conditions:

1. A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
2. The Fire Marshal must sign off prior to a certificate of occupancy.
   Vote 5 to 0.
   Voting were:  Brinton, Sullivan, Calhoun, Shea, Buchta.
   Unanimous approval.
    
    

1. Request from James Woodward for a 90-day extension for filing the mylar for the Five-lot Subdivision located at 48 Mesa Drive – Clifford Drive Estates –
    
   No one was present to discuss this item.  Isabel Kearns, ZEO, stated this will be the second and final request for an extension to file the mylar for the subdivision.
    
   The Commission discussed and proceeded to deliberate.  It was moved by Sullivan and seconded by Buchta to approve the following motion:
    
   Whereas, the Planning and Zoning Commission, at its regular meeting of      September 7, 2016, granted a second 90-day extension of time for the filing of the mylar for 5-lot subdivision of 48 Mesa Drive.  Said extension is scheduled to expire on September 23, 2016;
    
   Whereas, the Planning and Zoning Commission received an email dated August 30, 2016, from Attorney Paul Jessell requesting a second 90-day extension of time to file the mylar;
    
    
    
    
    
    
   Now Therefore Be It Resolved, the Commission grants the request for a second      90-day extension to file the mylar for the 5-lot subdivision of 48 Mesa Drive to commence on September 23, 2016 and expire on December 22, 2016.

Vote 5 to 0.

Voting were:  Brinton, Sullivan, Calhoun, Shea, Buchta.

Unanimous approval.

 

 

1. 5 Amity Road, Application #2016-015 submitted by Russell Hehn for an Additional Business Use – Sale of firearms –
    

The Commission formally received the application.   Present to speak on behalf of this application was Russell Hehn, applicant.

 

Mr. Hehn stated he is not planning on owning a gun shop and that the main reason is to purchase guns for the training he offers at this location.  Mr. Hehn is in the process of obtaining his Federal Firearms License and will be ordering custom firearms for his customers.

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Calhoun to approve the following resolution for Application #2016-015:

 

Whereas, Russell Hehn applied on September 7, 2016, to the Bethany Planning and Zoning Commission for an Additional Business Use Permit to allow for the sale of firearms located at 5 Amity Road;

 

Whereas, William and John Ciola, authorized Russell Hehn to apply for the necessary land-use permits for an Additional Business Use to allow for the sale of firearms located at 5 Amity Road in a letter dated September 3, 2016;

 

Whereas, the Commission, at its regular meeting of September 7, 2016, considered the application information, statement of use, testimony and other pertinent information relating to a request for an Additional Business Use to allow for the sale of firearms located at 5 Amity Road;

 

Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;

 

Now Therefore the Commission makes the following findings of fact:

• Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on August 31, 2016, indicating her approval.
• Rod White, Fire Marshal, signed off on the back of the application form on August 31, 2016, indicating his approval.
• The Commission received correspondence from Ron Walters of the South Central Connecticut Regional Water Authority dated September 6, 2016, stating he has no comment.

 

 

Now Therefore Be It Resolved that pursuant to Section 5.5.A. of the Bethany Zoning Regulations amended to October 30, 2015, the Bethany Planning and Zoning Commission approves the Additional Business Use Permit to allow for the sale of firearms located at 5 Amity Road (Application #2016-015), as presented in the application, statement of use and testimony with the following conditions:

1. A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
2. The Fire Marshal must sign off prior to a certificate of occupancy.

Vote 5 to 0.

Voting were:  Brinton, Sullivan, Calhoun, Shea, Buchta.

Unanimous approval.

 

 

OLD BUSINESS

 

1. 591 Amity Road, Application #2016-013 submitted by Tammy Ronan for a Two-lot Resubdivision, waiver request for the provision of open space and waiver request for water source for fire protection –  Hearing was continued to the next regular meeting on October 5, 2016.  Tabled.
    
2. 696 Amity Road, Unit GL-4, Application #2016-012 submitted by Jonathan Stafford for a Business Change of Use – Guitar Shop (Killerburst Guitars LLC) –
    

The Commission formally received the application.  No one was present to speak on behalf of this application.

 

Isabel Kearns, ZEO, stated Mr. Stafford did receive Quinnipiack Valley Health District approval but with a comment that there will be no guitar lessons.  The Commission had concerns with this comment and chose not to enforce no lessons unless Quinnipiack Valley Health District had a legitimate concern.  The Commission added this statement in the resolution.

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.

 

It was moved by Calhoun and seconded by Shea to approve the following resolution for Application #2016-012:

 

Whereas, Jonathan Stafford applied on August 3, 2016, to the Bethany Planning and Zoning Commission for a Business Change of Use Permit to operate a retail store selling guitars and accessories related to guitars from Unit GL-4 located at 696 Amity Road;

 

Whereas, Taro, LLC/Brian Botti, owner of Unit GL-4 located at 696 Amity Road, authorized Jonathan Stafford to apply to the Commission for the change of use permit in an email dated July 29, 2016;

 

 

 

 

 

Whereas, the Commission, at its regular meeting of September 7, 2016, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate a retail guitar and accessories shop in Unit GL-4 located at 696 Amity Road;

 

Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;

 

Now Therefore the Commission makes the following findings of fact:

• John Laudano, Quinnipiack Valley Health Representative, signed off on the back of the application form on August 26, 2016, indicating his approval.  He also offered the following comments:  no guitar lessons and work hours are not limited by the health code.
• Rod White, Fire Marshal, signed off on the back of the application form on August 3, 2016, indicating his approval and commenting: “May need new tenant fit out permit.  All fire and building codes to be followed.  Inspection prior to C.O.”
• The Commission received a letter dated August 3, 2016 from Ronald Walters of the South Central Connecticut Regional Authority in which he states he has no comments.
• Commission rescinds note for “no lessons at location” unless Quinnipiack Valley Health District has a legitimate concern.

 

Now Therefore Be It Resolved, that pursuant to Section 5.5.A. of the Bethany Zoning Regulations, amended to October 30, 2015, the Bethany Planning and Zoning Commission approves the Business Change of Use Permit to operate Killerburst Guitars in Unit GL-4 located at 696 Amity Road (Application #2016-012, as presented in the application, statement of use and testimony with the following condition:

1. A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
2. The Fire Marshal must sign off prior to a certificate of occupancy.

Vote 5 to 0.

Voting were:  Brinton, Sullivan, Calhoun, Shea, Buchta.

Unanimous approval.

 

1. Discuss future Land Use Plan (possible insertion in Town Plan of Conservation & Development) –
    
   Hiram Peck, Planning Consultant, asked Commission members for input on possible village districts to be added to the future Land Use Map.  Tabled.
    
2. Discussion regarding the rewriting of the current Zoning Regulations –

 

Hiram Peck, Planning Consultant, stated he will have draft updated on lighted signs for discussion at the next regular meeting on October 5, 2016.  Tabled.

 

 

 

 

ZONING ENFORCEMENT OFFICER’S REPORT –

Isabel Kearns, ZEO, reported on the following:       

• Submitted report on Building Permits dated September 1, 2016.
• Briefly discussed 275 Amity Road, Beletsky Garage.  Property is being taxed as commercial property from previous bus storage use.  At present time there is only antique cars being stored and possibly use as landscaping garage for equipment. 

 

 

ADJOURNMENT

 

It was moved by Sullivan and seconded by Calhoun to adjourn the regular meeting at       8:55 p.m.

Voting were:  Brinton, Sullivan, Calhoun, Shea, Buchta.

Unanimous approval.

 

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission

 

 

 

DNESDAY, SEPTEMBER 7, 2016            Page 1 of 10