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

The Special Meeting of the Planning and Zoning Commission was called to order at 7:04p.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

            Bradford Buchta, Alternate Member, seated as voting member

Carol Lambiase, Alternate Member, (seated as voting member)

 

The following Commission Members were absent:

            Doug Goldner, Member

            Eric McDonald, Alternate Member

 

Also present were:

             Hiram Peck, Planning Consultant

             Isabel Kearns, Zoning Enforcement Officer

             Kevin McSherry, Town Attorney

  

APPROVAL OF MINUTES                

            

1. It was moved by Calhoun and seconded by Shea to approve, as submitted, the minutes of the April 5, 2017, Regular Meeting.
   Voting for:  Brinton, Sullivan, Calhoun, Shea, Buchta.

Unanimous approval.

 

BILLS

 

1. It was moved by Calhoun and seconded by Sullivan to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for April 2017, 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 10, 2017, from Anne Sohon for recording services for the public hearings (Zoning Amendment).
   Voting for:  Brinton, Sullivan, Calhoun, Shea, Buchta.

Unanimous approval.

 

 

 

 

 

 

GENERAL CORRESPONDENCE

 

1. Letter from Isabel Kearns, ZEO, to George Anderson of 101 Beacon Road, dated May 1, 2017, Re:  101 Beacon Road, detached garage, A-2 Survey required.
2. Letter from Isabel Kearns, ZEO, to Mr. and Mrs. William Grieger, dated April 6, 2017, Re:  12 Pleasant Drive complaint.
3. Letter from Quinnipiack Valley Health District to John Paul Garcia, P.E./L.S. dated      March 29, 2017, Re:  667 Amity Road, revised design review and approval for septic system.

 

 

PUBLIC HEARING CONTINUATION

 

• 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 7:26 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, distributed to Commission members draft regulations and photographs of signs.  He continued to review with the Commission.

 

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:

• Fran Doba of Amity Road.
• Rob White of Bethmour Road.
• John Paul Garcia, P.E./L.S. of 190 Fairwood Road.

 

Some items noted by Commission during public hearing were:

• Brightness of lights and if LED lights dim automatically or must they be adjusted.
• What is standard for LED lighting?
• Consider context of sign before approving.
• Hiram mentioned Special Permit process is important.

 

At 8:12 p.m., it was moved by Calhoun and seconded by Sullivan to close the public hearing on the subject application.

Unanimous approval.

 

NEW BUSINESS

 

1. 41 MARION ROAD, Application #2017-005 submitted by Mary Isbell for a Special Exception Permit for an Accessory Apartment –

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

 

It was moved by Calhoun and seconded by Shea to schedule a public hearing date of Wednesday, June 7, 2017, at the next regular meeting in the Commission Meeting Room of the Bethany Town Hall.

Unanimous approval.

 

 

1. Discussion regarding accessory apartments –

 

Some items noted by Commission members during discussion were:

• ZEO stated we don’t currently inspect these apartments.  Hiram Peck suggested that inspections should occur.
• Hiram stated the changing of ownership doesn’t get reported often which lessens revenue to town.
• If changes are made, owners should have to come before the board.
• Per Hiram, the owner of the property needs to live in one of the units.
• Attorney McSherry stated that if the title changes, inspection should be needed.  The Commission would need to decide on the appropriate fee.
• Owners should have to come back to the Commission otherwise there are no regulations, fire marshal needs to be involved and fees need to be discussed.

Tabled. 

 

 

OLD BUSINESS

 

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

 

Isabel Kearns, ZEO, stated the sign is not in compliance with the free-standing sign regulations.

Member Sullivan asked if the sign was grandfathered because the hangar was preserved.

Attorney McSherry stated it can be considered grandfathered though the building is a little different and that it doesn’t have to be exactly what was there, though it shouldn’t exceed prior sign by a massive amount.

Chair Brinton is concerned that businesses would want the same exception to procedure as airport is being granted and she would like the same standard for both.

Hiram Peck, Planning Consultant, stated he wants to determine the size of the original sign by using the photo and will have the dimensions by the next meeting.

Tabled.

 

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 closed,

 

 

ZONING ENFORCEMENT OFFICER’S REPORT –

Isabel Kearns, ZEO, reported on the following:       

• 12 Pleasant Drive, Grieger – ZEO reported that the plants and vegetation was changed and owner should have brought this before the Inland Wetlands Commission,
• Attorney McSherry recommended the ZEO send letter to Grieger that he has to go to the Inland Wetlands Commission.

 

 

It was moved by Sullivan and seconded by Buchta to entertain comments from John Paul Garcia regarding 667 Amity Road – soccer fields.

 

Mr. Garcia noted the following:

• Has a meeting with DEEP on May 11, 2017, for a permit.
• Soccer fields under Stop Work Order as there is a drainage problem and erosion control measures need to be followed.

• Septic was installed and checked by QVHD.
• Structural engineer of record needs to sign off on structural fill for building.
• Rain has delayed the process
• Revised site plan includes easement for grading rights.  There is change regarding fencing – 4 feet high around the fields to keep cars off and an increase net size along Amity Road and 49 feet nets to keep balls out of the road.
• Discussion on how material will be taken off-site, landscaping, field construction to start in August.
   
   

ADJOURNMENT

 

It was moved by Calhoun and seconded by Sullivan to adjourn the Special Meeting at 9:18 p.m.

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

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission

 

DNESDAY, MAY 10, 2017                                                        Page 1 of 4