MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, APRIL 5, 2017         

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The regular meeting of the Planning and Zoning Commission was called to order at 7:04 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 and Secretary

            Donna Shea, Member

            Bradford Buchta, Alternate Member, seated as a voting member

Carol Lambiase, Alternate Member

            Eric McDonald, Alternate Member, seated as a voting member

 

The following Commission Members were absent:

            Doug Goldner, Member

            Michael Sullivan, Vice-Chair

 

Also present were:

             Hiram Peck, Planning Consultant

             Isabel Kearns, Zoning Enforcement Officer

  

APPROVAL OF MINUTES                

            

1. It was moved by Calhoun  and seconded by Shea to approve the minutes of the March 1, 2017, Regular Meeting with the following corrections:

• Page 1, Under Approval of Minutes – Reads “It was moved by Calhoun and seconded by Shea to approve, as submitted, the minutes of the March 1, 2017, Regular Meeting.” Change to “It was moved by Calhoun and seconded by Shea to approve, as submitted, the minutes of the February 1, 2017, Regular Meeting.”
• Page 5, Third paragraph, - Reads “Further discussion and appropriate action on the application was deferred until the Commission’s Special Meeting scheduled for April 5, 2017.” Change to “Further discussion and appropriate action on the application was deferred until the Commission’s Regular Meeting scheduled for April 5, 2017.”
  Voting for:  Brinton, Calhoun, Shea, Buchta, McDonald.

Unanimous approval.

 

BILLS

 

1. It was moved by Buchta and seconded by Calhoun to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for March 2017, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

1. It was moved by Calhoun and seconded by Buchta to approve the payment of a bill for $110.00, dated March 1, 2017, for the Connecticut Federation of Planning and Zoning Agencies, Membership dues through March 31, 2018.
   Voting for:  Brinton, Calhoun, Shea, Buchta, McDonald.

Unanimous approval.

 

 

 

1. It was moved by Calhoun and seconded by McDonald to approve the payment of a bill for $125.00, dated for April 5, 2017, from Anne Sohon for recording services for the public hearings (Zoning Amendment).
   Voting for:  Brinton, Calhoun, Shea, Buchta, McDonald.

Unanimous approval.

 

GENERAL CORRESPONDENCE

 

1. Letter from Bruce Loomis, Chairman of the Bethany Conservation Commission, dated April 3, 2017, Re:  Follow-up to letter of October 31, 2016, Decision on application for 591 Amity Road.
   The Commission would like to meet with the Conservation Commission to discuss this matter and would like Town Attorney present also.
    
2. Letter from Isabel Kearns, ZEO, to Matthew Micros of 667 Amity Road, LLC, dated March 6, 2017, Re:  Extensive Tree Cutting not in accordance with approved site plan (667-687 Amity Road).
3. Letter from Isabel Kearns, ZEO, to C.J. Otto of Complete Excavating Services, dated March 2, 2017, Re:  Lighting of Existing Sign located at 674 Amity Road.

 

PUBLIC HEARING

 

• Proposed amendment to Section 7 – Signs and Parking & Loading Regulations – to add Subsection 7.3.1. – Special Exception for lighted signs in the Business and Industrial Zone –
   

At 7:18 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, stated that at the March 1^st public hearing there were comments made from the public and that he is in the process of incorporating the comments in the draft amendment.

 

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:

• Theron Simon of 770 Amity Road (Lock, Stock & Barrel), Bethany.
• Peter Verab of 720 Amity Road (Amity Gardens), Bethany.

 

Some items noted by Commission during public hearing were:

• Restricting LED signs to not be moving signs.
• Commission can regulate size, location and manner of signs.

 

At 7:36 p.m., it was moved by Calhoun and seconded by Shea to recess the public hearing and continue it to the next Regular Meeting on Wednesday, May 3, 2017, in the Commission Meeting Room.  Hearing will start at 7:15 p.m.

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

Unanimous approval.

 

 

 

 

NEW BUSINESS

 

1. 755 AMITY ROAD (Airport property), Application #2017-004 submitted by Town of Bethany for a sign permit (hangar) –
    

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

 

Isabel Kearns, ZEO, stated the sign is going to be located on the hangar.  Also, Ms. Kearns stated the signage on the Airport property is maxed out. 

 

Hiram Peck, Planning Consultant, recommended the Commission review the old historic sign compared to the new proposed sign for the hangar and review the total signage at the site.

 

Further discussion and appropriate action on the application was deferred until the Commission’s Special Meeting scheduled for May 3, 2017.  Tabled.

 

 

1. Discussion of community housing options -

 

Hiram Peck, Planning Consultant, briefly discussed with the Commission local options for housing.  Tabled.

 

 

1. Discussion with John Paul Garcia regarding 667/687 AMITY ROAD, Soccer Fields, Temporary “CO” for field and revised field locations and grading  -

 

Present for this discussion were:

• John Paul Garcia, P.E./L.S., representing the applicants.
• John Paoletti, contractor.
• Steve Coxon, one of the owners.

 

Mr. Garcia submitted a revised plan entitled, “Lighting and Landscaping Plan”, revised to March 22, 2017.

 

Some items noted by Mr. Garcia were:

• Soccer fields being graded.
• Client would like temporary CO for soccer fields.

 

 

• Foundation for building needs to be prepped but too much rain.
• Building sitting in back field.
• Discussion with neighbor to grant grading easement to eliminate retaining walls.
• Can’t obtain building permit until QVHD approves septic and QVHD won’t approve until sand is in place.  Ground very wet.

 

Isabel Kearns, ZEO, stated that Planning and Zoning grants Certificate of Compliance but if building is not completed, cannot grant.

 

 

 

Some items noted by the Commission were:

• More trees cut down than the site plan shows.
• Applicant will be coming back with a Landscaping plan after building constructed to provide buffer plantings.

 

Hiram Peck, Planning Consultant, suggested Mr. Garcia prepare a staging plan and a narrative to include the changes and submit to the Commission. 

Tabled.

 

 

OLD BUSINESS

 

1. 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.  Present for this discussion was Andrew Keene, applicant.

 

Chair Brinton stated she takes care of the animals at the farm and this will not interfere with her vote.

 

The Commission was concerned with parking on Litchfield Turnpike.  Mr. Keene stated there will be no parking on road and that the farm stand will be inside barn.  Also, Mr. Keene added additional hours of operation for Saturdays and Sundays.

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.  It was moved by Calhoun and seconded by Buchta to approve the following resolution for Application #2017-003:

 

Whereas, Andrew Keene, applicant, applied to the Planning and Zoning Commission on March 1, 2017, for a Home Occupation Permit to operate a farm stand for weekly distribution located at 200 Litchfield Turnpike;

 

Whereas, Tammy Jackson of The Institute of Professional Practice, Inc. authorized Andrew Keene to apply for a Home Occupation Permit for a farm stand for weekly distribution located at 200 Litchfield Turnpike in an e-mail dated February 24, 2017;

 

Whereas, the Commission, at its regular meeting of March 1, 2017, considered the statement of use, narrative, testimony and other pertinent application information relating to this home occupation application;

 

Now Therefore, the Commission makes the following findings of fact and decision regarding this application:

1. Alexis Rinaldi, Quinnipiack Valley Health District Representative, signed off on the back of the application form on March 2, 2017, indicating her approval.
2. Rod White, Fire Marshal, signed off on the back of the application form on    February 28, 2017 indicating his approval.
    
    
    
    
3. The Commission received a letter from Ron Walters, representative of the South Central Connecticut Regional Water Authority, in which he states he has no comment.
    
   Now Therefore Be It Resolved, that pursuant to Section 4.3.E.4.b. of the Town of Bethany Zoning Regulations, amended to October 30, 2015, the Bethany Planning and Zoning Commission approves the application of Andrew Keene for a Home Occupation Permit to operate a farm stand for weekly distribution located at 200 Litchfield Turnpike, as outlined in the Statement of Use dated February 24, 2017.
   Vote:  5 to 0.
   Voting were:  Brinton, Calhoun, Shea, Buchta, McDonald.
   Unanimous approval.
    
   It was moved by Buchta and seconded by Shea to authorize Isabel Kearns, Zoning Enforcement Officer, to approve the sign for the farm stand located at 200 Litchfield Turnpike.
   Vote:  5 to 0.
   Voting were:  Brinton, Calhoun, Shea, Buchta, McDonald.
   Unanimous approval.
    
    

1. 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 May 3, 2017.  Tabled.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT –

Isabel Kearns, ZEO, reported on the following:       

• Submitted report on Building Permits dated April 4, 2017.
• Issue with Accessory apartments, see memo from Will Brinton dated April 4, 2017, transfer permits administratively and recording on land records.
• Received complaint regarding 12 Pleasant Drive – Grieger, used as hangout till late and noise from diesel trucks.

 

ADJOURNMENT

 

It was moved by Calhoun and seconded by McDonald to adjourn the regular meeting at   9:10 p.m.

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

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission

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