MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF W
The regular meeting of the Planning and Zoning Commission
was called to order at 7:05 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-Chair
Michael Calhoun, Member and
Secretary
Donna Shea, Member
Carol
Lambiase, Alternate Member
Eric
McDonald, Alternate Member, seated as a voting member
The
following Commission Members were absent:
Doug Goldner, Member
Bradford Buchta, Alternate Member
Also present were:
Hiram
Peck, Planning Consultant
Isabel
Kearns, Zoning Enforcement Officer
Kevin
McSherry, Town Attorney
APPROVAL OF MINUTES
It
was moved by Calhoun and seconded by Shea to approve, as submitted, the minutes
of the March 1, 2017, Regular Meeting.
Voting for: Brinton, Sullivan, Calhoun, Shea, McDonald.
Unanimous approval.
BILLS
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 February 2017, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Brinton, Sullivan, Calhoun, Shea, McDonald.
Unanimous approval.
It
was moved by Sullivan and seconded by Calhoun to approve the payment of a bill
for $125.00, dated for March 1, 2017, from Anne Sohon for recording services
for the public hearings (165 Sperry Road and Zoning Amendment).
Voting for: Brinton, Sullivan, Calhoun, Shea, McDonald.
Unanimous approval.
GENERAL CORRESPONDENCE
Email from Eugene Livshits, of South Central Regional
Council of Governments, dated February 28, 2017, Re: Referral from the Town of Hamden, affordable
housing.
PUBLICATIONS
AND WORKSHOPS
Connecticut Federation of Planning and Zoning Agencies,
69th Annual Conference, March 23, 2017, Aqua Turf, Plantsville,
Connecticut.
PUBLIC
HEARING
At 7:15 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.
Present on behalf of the application was Mr. Raymond
Gillmor, applicant and owner of record.
Isabel Kearns, ZEO, stated the application meets all the
regulations.
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.
There being no more questions at
7:19 p.m., it was moved by Sullivan and seconded by McDonald to close the
public hearing on the subject application.
Voting for: Brinton, Sullivan, Calhoun, Shea, McDonald. Unanimous approval.
At 7:20 p.m., Chair Brinton called the public hearing
continuation to order. Roll call was
taken. Chair Brinton read the notice for
the public hearing continuation.
Hiram Peck, Planning Consultant, submitted
two handouts to Commission members and reviewed:
Sheet
entitled, “Lighting”, Definitions, dated February 28, 2017.
Sheet
entitled, “Examples of Acceptable/Unacceptable Lighting Fixtures”.
Chair Brinton asked if anyone from
the public would like to speak in favor of the application or against the
application. The following members of
the public spoke:
Lars Demander of 50 Fairwood Road, Bethany
(Clover Nook Farm).
Gary Ross of 153 Fairwood Road, Bethany.
Rachel Dempsey of 10 Hi-Ann Court, Bethany.
Crystal Smethurst of 28 Munson Road (Crossfit),
Bethany.
Fran Doba of 980 Amity Road, Bethany.
Bruce Loomis of 11 Sabrina Drive, Bethany.
Peter Verab of 720 Amity Road (Amity Gardens),
Bethany.
Patsy Winer of 9 Carrington Road, Bethany.
Kevin McSherry, Town Attorney, stated
that the Commission cannot allow signs only in certain areas. Attorney McSherry stated the Commission
cannot treat governmental different than commercial; need to be consistent.
The Commission discussed
regulating what the Town can do versus businesses and helping businesses with
their signage.
After discussion, Hiram Peck,
Planning Consultant, stated he will revise the regulations from the comments
received this evening.
At 8:18 p.m., it was moved by
Calhoun and seconded by Sullivan to recess the public hearing and continue it
to the next Regular Meeting on Wednesday, April 5, 2017, in the Commission
Meeting Room. Hearing will start at 7:15
p.m.
Voting for: Brinton, Sullivan, Calhoun, Shea, McDonald.
Unanimous
approval.
NEW BUSINESS
12 PLEASANT
DRIVE, Application #2017-002 submitted by Bethany Heavy Equipment and Storage
for a New Business Use – Storage Facility –
The Commission formally received the application. Present to speak on behalf of this
application was Bill and Wendy Grieger, applicants and owners of record,
Mr. Grieger stated he wanted a blanket permit for storage
for the 6 units in the building.
The Commission was concerned with other businesses being
operated from the building, such as, landscaping, car repairs, and
plumbing. Mr. and Mrs. Grieger stated
the building is only for storage.
After discussion, the Commission proceeded to
deliberate. Isabel Kearns, ZEO, prepared
a draft resolution. It was moved by Sullivan and seconded by
Calhoun to approve the following resolution for Application #2017-002:
Whereas, William
Grieger applied on February March 1, 2017, to the Bethany Planning & Zoning
Commission for a New Use Permit to store antique cars and construction
equipment located at 12 Pleasant Drive (#2017-002);
Whereas, a
Statement of Use dated February 8, 2017, was submitted as part of this
application;
Whereas, the
Commission, at its regular meeting held on March 1, 2017, considered the
Statement of Use, narrative, testimony and other pertinent application
information relating to a request for a New Use Permit to store antique cars
and construction equipment at 12 Pleasant Drive, (#2017-002);
Now Therefore,
The Commission makes the following findings of fact and decision regarding the
application:
John Laudano, Quinnipiack Valley Health District
representative, signed off on the back of the application form indicating his
approval on February 27, 2017.
Roderick White, Fire Marshal, signed off on the back of
the application form on February 23, 2017, indicating his approval. He noted that storage is okay, but operating
a day-to-day business may need inspections.
The Commission received correspondence dated February
27, 2017, from Ronald Walters, representative of South Central Connecticut
Regional Water Authority, in which he states:
1) All vehicle and equipment servicing including but not limited to oil
changes, transmission work, radiator flushing and repairs, parts cleaning,
engine cleaning should be conducted indoors on an impervious surface. There should be absolutely no discharges of
motor vehicle fluids or detergent chemicals to the environment. 2) Waste chemicals including but not limited
to waste oil, antifreeze, transmission oil, lead acid batteries and solvents
should be stored indoors or outside on an impervious surface within a
containment berm or other means of secondary containment. These materials should be disposed of by a
licensed waste hauler in accordance with all applicable federal, State and
local regulations. 3) If vehicle
washings are done on –site, wash-water should not be discharged to the
environment. The facility should be
operated in accordance with the requirements of CT DEEP.
Now Therefore Be It
Resolved, that pursuant to Section 5.5.A. of the Bethany Zoning
Regulations, amended to October 15, 2015, the Bethany Planning and Zoning
Commission approves the New Use Permit of William Grieger to store antique cars
and construction equipment as stated in
Statement of Use dated February 8, 2017;
And with the following conditions:
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.
The Fire Marshal must sign off prior to a certificate
of occupancy.
There shall be no repair of motor vehicles in or
outside of the building.
Storage only, no business use is allowed to be
associated with the antique car or construction equipment storage.
Vote 5 to 0.
Voting for: Brinton, Sullivan, Calhoun, Shea, McDonald.
Unanimous
approval.
200
LITCHFIELD TURNPIKE, Application #2017-003 submitted by Andrew Keene for a Home
Occupation Permit for a Farm stand with weekly distribution –
The Commission formally received the application. No one was present for this application.
Isabel Kearns, ZEO, stated, the applicant has not received
Quinnipiack Valley Health District approval at this time.
Further discussion and appropriate action on the application
was deferred until the Commission’s Special Meeting scheduled for April 5, 2017. Tabled.
OLD BUSINESS
Proposed amendment to Section 7 – Signs
and Parking & Loading Regulations – to add Subsection 7.3.1 – Special
Exception for lighted signs in the B&I Zone - Public hearing scheduled for
December 7, 2016 – Public hearing continued to the next regular meeting
on April 5, 2017. Tabled.
165 Sperry Road, Application #2017-001
submitted by Raymond Gillmor for a Special Exception Permit for an Accessory
Apartment –
Commission members proceeded to deliberate. Isabel Kearns, ZEO, prepared a draft
resolution. It was moved by Calhoun and seconded by Sullivan to approve the following
resolution for Application #2017-001:
Whereas, Raymond
Gillmor, owner of 165 Sperry Road, applied to the Commission on February 1,
2017, for a Special Exception Permit for
a 688 square foot Accessory Apartment to be located within the basement of the
existing home located at property known as 165 Sperry Road;
Whereas, the Planning and Zoning Commission opened a
hearing on Application #2017-001 for a Special Exception Permit for an Accessory
Apartment at 165 Sperry Road at their regular meeting of March 1, 2017. 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:
- Ryan
Currier, Quinnipiack Valley Health District Representative, issued Permit
#1899 dated January 3, 2017.
- The
Commission received a letter dated February 3, 2017, from Ron Walters, South
Central Connecticut Regional Water Authority Representative, in which he
states he has no comments.
- Roderick
White, Fire Marshal, signed off on the back of the application form on
February 23, 2017, indicating his approval.
- The
application and Statement of Use dated January 6, 2017, demonstrates that
the proposed accessory apartment would contain only 688 square feet of
living space, and the Town of Bethany Zoning Regulations allow 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 Raymond
Gillmor for a Special Exception for a 688 square foot Accessory Apartment
(#2017-001) as shown on the floor plan dated January 6, 2017, and as per the
statement of use dated January 6, 2017.
And with the following conditions:
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.
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, Sullivan, Calhoun, Shea, McDonald.
Unanimous
approval.
Discussion with Town Attorney regarding
open space and coordination issues –
Present for this discussion
was Town Attorney Kevin McSherry.
Attorney McSherry stated right now in legislation there are one or two
laws that will affect open space.
Attorney McSherry recommended the Commission wait a month to see what
laws pass and incorporate into Bethany’s proposed subdivision regulation
amendment.
Discuss future Land Use Plan (possible
insertion in Town Plan of Conservation & Development) – Tabled.
Discussion regarding the rewriting of
the current Zoning Regulations –
Tabled.
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, reported on the following:
Submitted
report on Building Permits dated March 1, 2017.
Discussed
667Amity Road, Soccer Club. Trees cut
down that should not have been. ZEO to
review site plan and prepare list of items in question.
ADJOURNMENT
It was moved by Calhoun
and seconded by McDonald to adjourn the regular meeting at 9:11 p.m.
Voting for: Brinton, Sullivan, Calhoun, Shea, McDonald.
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
EDNESDAY, MARCH 1,
2017 Page 1 of 8