Monday, August 21, 2017


 

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY,
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, Vice-Chair
            Donna Shea, Member
            Bob Harrison, Member
            Alex Hutchinson, Member, who arrived at 7:16 p.m.
Brad Buchta. Alternate Member, seated as a voting member until Member
            Hutchinson arrived.
Carol Lambiase, Alternate Member
 
The following Commission Member was absent:
            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 Buchta to approve, as submitted, the minutes of the    July 5, 2017, Regular Meeting.
    Voting for:  Brinton, Calhoun, Shea, Harrison, Buchta.
      Unanimous approval.
 
 
BILLS
 
  1. It was moved by Calhoun and seconded by Harrison to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for July 2017, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for:  Brinton, Calhoun, Shea, Harrison, Buchta.
Unanimous approval.
 
  1. It was moved by Buchta and seconded by Shea to approve the payment of a bill for $125.00, dated for August 2, 2017, from Anne Sohon for recording services for the public hearings (300 Bear Hill Road and 667Amity Road).
    Voting for:  Brinton, Calhoun, Shea, Harrison, Buchta.
Unanimous approval.
 
 
 
GENERAL CORRESPONDENCE
 
  1. Approval for 300 Bear Hill Road from Quinnipiack Valley Health District dated July 26, 2017, including B100 septic design and Permit #1980.
  2. Letter from Inland Wetlands Commission, dated July 28, 2017, Re:  Comments on 667 Amity Road, proposed activity for rock crushing, No IWC action required.
  3. Letter from South Central Connecticut Regional Water Authority, dated July 14, 2017, Re:  Comments on application for 667 Amity Road, rock crushing.
  4. Email from Mary Hyde, applicant for Application #2017-011, dated July 31, 2017,  Re:  Withdrawing Application #2017-011 for 696 Amity Road, Units GL5 and GL6.
  5. Letter from Isabel Kearns, ZEO, to Monkey C, LLC owner of 183 Amity Road, dated       July 31, 2017, Re:  Notice of Violation at 183 Amity Road, garbage strewn across property.
  6. Copy of Town of Bethany, Stormwater Permit Information for Developers and Contractors revised to July 13, 2017 from Department of Energy and Environmental Protection.
  7. Letter and packet from Nafis & Young Engineers, dated July 11, 2017, Re:  Phase II MS4 Low Impact Development (“LID”) Ordinance/Regulations.
    Hiram Peck, Planning Consultant, stated it would be beneficial if someone from Nafis & Young would be able to attend the September 6th Regular Meeting to clarify this Ordinance/Regulations.  Isabel Kearns, ZEO, will contact Nafis & Young to arrange.
 
 
PUBLICATIONS AND WORKSHOPS
 
  1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, dated Spring 2017.
     
     
    PUBLIC HEARING CONTINUATION
 
  • 300 BEAR HILL ROAD, Application #2017-007 submitted by Pyramid Network Services to install a 110-foot monopole radio antenna for public safety –
     
At 7:16 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. 
Index 2
Present to speak on behalf of the application was John Paul Garcia, P.E./L.S.
 
Mr. Garcia noted in discussion:
    • Received Zoning Board of Appeals approval for the 10-foot variance on July 31, 2017.
    • No site plan was submitted. 
 
Hiram Peck, Planning Consultant, stated the zoning regulations ask for a site plan and the site plan should show the distance from adjoining properties and screening around fence for the proposed building.
 
 
 
Clark Hurlburt of 176 Beacon Road, Bethany – Mr. Hurlburt stated that the proposal is to be a 100-foot monopole with a 10-foot antenna.
 
Town Attorney Kevin McSherry stated that he was present at the Zoning Board of Appeals public hearing on July 31, 2017.  Also, Mr. McSherry stated there will be screening around the 10-foot by 10-foot steel building and fencing.
 
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 2A – Approval for 300 Bear Hill Road from Quinnipiack Valley Health District, dated July 26, 2017, including B100 septic design and Permit #1980.
  2. Exhibit 2B – Copy of Motions of the Zoning Board of Appeals Special Meeting dated July 31, 2017, showing the motion for the approval of the variance for 300 Bear Hill Road.
  3. Exhibit 2C – Maps prepared by C&S Engineers, Syracuse, New York:
    • “Overall Site Plan” dated April, 2017, revised to April 28, 2017.
    • “Compound Plan” dated April, 2017, revised to April 28, 2017.
  1. Exhibit 2D – Copy of email from John Paul Garcia dated July 11, 2017, Re:  Distance from centerline of pole to Bear Hill Road.
 
At 7:28 p.m., it was moved by Calhoun and seconded by Harrison to close the public hearing continuation on the subject application.
Unanimous approval.
 
 
PUBLIC HEARING
 
  • 667 AMITY ROAD, Application #2017-008 submitted by Matt Micros/667 Amity Road LLC for a Special Exception Permit to allow rock crusher and screening onsite  –
     
At 7:29 p.m., Chair Brinton called the public hearing to order.   Roll call was taken.  Chair Brinton read the legal notice for the public hearing and reviewed the complete contents of the application file. 
 
Present to speak on behalf of the application was John Paul Garcia, P.E./L.S., representing the applicant.
 
Mr. Garcia noted in discussion:
  • When contractor was digging for footings, rock ledge was discovered.
  • Asking for 30 days to complete crushing but should only take about 4 to 5 days.
  • Submitted specifications on crusher as requested (Exhibit 1D).
  • Submitted noise charts (Exhibit 1D and 1E).
  • Have not received DEEP permit at this time but has been submitted and permit fee check cashed.
 
 
 
 
 
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 Inland Wetlands Commission, dated July 28, 2017, Re:  Comments on 667 Amity Road, proposed activity for rock crushing, No IWC action required.
  2. Exhibit 1B – Letter from South Central Connecticut Regional Water Authority, dated July 14, 2017, Re:  Comments on application for 667 Amity Road, rock crushing.
  3. Exhibit 1C – Submitted by John Paul Garcia, a plan entitled, “Plan Showing Crusher/Stockpile Location”, dated June 30, 2017.
  4. Exhibit 1D - Submitted by John Paul Garcia, one page on Sound Level rating, four pages on crusher specifications.
  5. Exhibit 1F – Submitted by John Paul Garcia, one page with Job Site Sound Levels and Everyday Sound Level.
 
The Commission and Staff mentioned some of their concerns as follows:
  • Hours of operation are 8 am to 5 pm Monday through Friday only.
  • If applicant does not receive DEEP permit not the responsibility of the Planning and Zoning Commission.  Will make this a condition of approval.
  • Landscaping plan and height of netting needed.
  • If installing different material on field then what approved, need to let Commission know.
 
Chair Brinton asked if anyone from the public would like to speak in favor of the application or opposing the application.   There were no comments.
 
At 8:05 p.m., it was moved by Calhoun and seconded by Harrison to close the public hearing on the subject application.
Unanimous approval.
 
 
NEW BUSINESS
 
  1. 5 AMITY ROAD, Application #2017-009 submitted by Koffi Ande for a Change of Use Permit to a church with a freestanding sign –
 
The Commission formally received the application.  No one present to speak on behalf of this application.
 
Commission members discussed and reviewed the application.  There was a concern of the amount of parking spaces.  The Commission will add a condition of approval to no parking along Amity Road and/or Round Hill Road.
 
 
 
 
 
 
 
 
Isabel Kearns, ZEO, prepared a draft resolution for Application #2017-009.  Commission members reviewed and proceeded to deliberate.  It was moved by Calhoun and seconded by Harrison to approve the following resolution for Application #2017-009:
 
Whereas, Ande Koffi applied on August 2, 2017, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate a church/tabernacle located at 5 Amity Road;
 
Whereas, William Ciola, owner of 5 Amity Road, authorized Ande Koffi to apply for the necessary land-use permits to operate a church/tabernacle located at 5 Amity Road in a letter dated July 25, 2017;
 
Whereas, the Commission, at its regular meeting of August 2, 2017, 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 church/tabernacle 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:
  1. John Laudano, Quinnipiack Valley Health District representative, signed off on the back of the application form indicating his approval on July 7, 2017.
  2. Rod White, Fire Marshal, signed off on the back of the application form on      July 21, 2017, indicating his approval.
  3. The Commission received a letter from Ron Walters of the South Central Connecticut Regional Water Authority dated July 13, 2017, 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 Change of Use Permit to operate a church/tabernacle located at 5 Amity Road (Application #2017-009), 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.
  3. The sign is not approved at this time.  The Commission authorizes Isabel Kearns, ZEO, to act on the sign portion of this application after she verifies that the sign would be in conformance with the Zoning Regulations.
  4. There shall be no street parking on Amity Road and Round Hill Road.
    Vote 5 to 0.
    Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
    Unanimous approval.
     
     
     
     
     
     
  1. 696 AMITY ROAD, UNIT UL-6, Application #2017-010 submitted by Daniel Caciopoli for a Change of Use Permit to office for entrepreneurial studies and investment –
     
The Commission formally received the application.  No one was present to speak on behalf of this application.
 
Isabel Kearns, ZEO, prepared a draft resolution for Application #2017-009.  Commission members reviewed and proceeded to deliberate.  It was moved by Calhoun and seconded by Hutchinson to approve the following resolution for Application #2017-010:
 
Whereas, Daniel Caciopoli applied on August 2, 2017, to the Bethany Planning and Zoning Commission for a Change of Use Permit to have an office in Unit UL-6 located at 696 Amity Road;
 
Whereas, Brian Botti/Taco, LLC, owner of Unit UL-6 at 696 Amity Road, authorized Daniel Caciopoli to apply for a Change of Use Permit to have to an office in Unit UL-6 in a letter dated July 24, 2017;
 
Whereas, the Commission, at its regular meeting of August 2, 2017, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to have an office at Unit UL-6 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 indicating his approval on July 14, 2017.  He stated it will be a 4-person office.
  2. Rod White, Fire Marshal, signed off on the back of the application form on July 21, 2017 indicating his approval.
  3. The Commission received a letter dated July 25, 2017, from Ronald Walters of the South Central Connecticut Regional Water Authority who indicated that 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 Change of Use Permit for an office to operate out of Unit UL-6 located at 696 Amity Road (Application        #2017-010), 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 for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
 
 
 
 
  1. 696 AMITY ROAD, UNITS GL-5 AND GL-6, Application #2017-011 submitted by Mary Hyde for a Change of Use Permit to a consignment shop –
 
The Commission received an email from Mary Hyde, applicant for Application #2017-011, dated      July 31, 2017, Re:  Withdrawing Application #2017-011 for 696 Amity Road, Units GL5 and GL6.
 
 
  1. Discussion with Bill Grieger 12 Pleasant Drive and 63 Sargent Drive, for clarification on self-storage –
 
Present for this discussion was Bill and Wendy Grieger, owners of 12 Pleasant Drive and 63 Sargent Drive.  Mr. and Mrs. Grieger stated they applied for a tax incentive and it was not processed.  They questioned the tax assessor and they were told there was a violation on their property.  They want to know what the violation is and stated all their tenants use their storage facility for storage only.
 
Kevin McSherry, Town Attorney, stated there was a concern there are businesses being run out of the storage facilities and that the Tax Assessor would have to look at each bay to determine.
 
The Commission conquered at this point that Mr. Grieger’s buildings are storage facilities.
 
 
OLD BUSINESS
 
  1. 300 BEAR HILL ROAD (BVFD Hinman Station), Application #2017-007 submitted by Pyramid Network Services to install a 100-foot monopole radio antenna for public safety –
 
The public hearing was closed at this meeting.  Isabel Kearns, ZEO, prepared a draft resolution.  Commission members reviewed and proceeded to deliberate.  It was moved by Calhoun and seconded by Shea to approve the following resolution for Application #2017-007:
 
Whereas, Robert McSherry, former Fire Chief of the Bethany Volunteer Fire Department, applied to the Planning and Zoning Commission on June 7, 2017, to locate a monopole antenna for public safety at 300 Bear Hill Road;
 
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 July 26, 2017, indicating her approval.
  2. Rod White, Fire Marshal, signed off on the back of the application form on June 7, 2017, indicating his approval of this application.
  3. The property is not located on a public water supply watershed area.
  4. The Zoning Board of Appeals granted the variance to allow a 110 foot monopole radio tower to be located on 300 Bear Hill Road on July 31, 2017.
     
     
     
    Now Therefore Be It Resolved, that pursuant to Section 22 of the Bethany Zoning Regulations amended to October 30, 2015, the Bethany Planning and Zoning Commission approves Application #2017-007 from the Bethany Volunteer Fire Department for a 110’ monopole radio antenna at 300 Bear Hill Road based on the following maps prepared by C&S Engineers, Syracuse, New York:
  1. “Overall Site Plan” dated April, 2017, revised to April 28, 2017.
  2. “Compound Plan” dated April, 2017, revised to April 28, 2017.
 
and with the following modifications:
  1. As-built plans shall be submitted upon completion and prior to operation (maximum 110 feet allowed).
  2. Plantings and screening as per Zoning Regulation Section 22 shall be shown on the as-built plan.
Vote 5 to 0.
Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
 
 
  1. 667 AMITY ROAD, Application #2017-008 submitted by Matt Micros/667 Amity Road, LLC for a Special Exception Permit to allow crushing and screening onsite –
 
The public hearing was closed at this meeting.  It was moved by Calhoun and seconded by Hutchinson to approve the following resolution for Application #2017-008:
 
Whereas, the owner/agent applied on July 5, 2017, to the Bethany Planning and Zoning Commission for a Special Exception rock crusher and screening Permit located at 667 Amity Road;
 
Whereas, the Commission held a public hearing on August 2, 2017, on this application (#2017-008);
 
Whereas, the Commission closed the public hearing at the conclusion of testimony on August 2, 2017;
 
Whereas, the Commission at its regular meeting of August 2, 2017, considered the plans, testimony and other pertinent application information associated with this rock crusher and screening operation at     667 Amity Road;
 
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
  1. The Commission received a letter dated July 14, 2017, from Ronald Walters of the South Central Connecticut Regional Water Authority, in which he states:  1) Fuel oil should be stored above-ground.  Tanks and associated piping should be segregated from floor drains and sump pumps to prevent spills and leaks from discharging to the environment. 2) During construction all oil, paint or other hazardous materials should be stored in a secondary container and removed to a locked indoor area with an impervious floor during non-work hours.
     
     
     
  2. The Commission received a letter dated July 28, 2017, from the Inlands Wetlands Commission in which they state, “No IWC action required as long as it is completed in accordance with plans submitted.”
  3. Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on July 20, 2017 and stated “not within QVHD’s jurisdiction”.
  4. Rod White, Fire Marshal, signed off on the back of the application form on       July 21, 2017 indicating his approval.
     
    Now Therefore Be It Resolved, that pursuant to Section 8 of the Bethany Zoning Regulations, amended to October 30, 2015, the Bethany Planning and Zoning Commission approves the Special Exception Permit for rock crushing and screening located at 667 Amity Road, as presented in the application and in association with the testimony given, and in accordance with the following plan submitted prepared by John Paul Garcia & Associates, Bethany, Connecticut:
  1. “Site Development Plan”, dated June 30, 2017, with no revisions, Drawing       No. C-2A.
                                          
And with the following conditions:
  1. A water truck shall be on site at all times and shall be used frequently.
  2. There shall be a 30-day limit from approval to complete the rock crushing and screening operation.
  3. Hours of operation shall be from 8 a.m. to 5 p.m. – Monday through Friday only.
  4. The applicant has not received a DEEP General Permit for the discharge and dewatering from construction activities pursuant to Connecticut General Statutes 22a-430b.  The applicant understands that is the applicant continues to proceed without a DEEP general permit, the applicant does so at his own risk and the approval of the Bethany Planning and Zoning Commission may not contain requirements that may be required by a General Permit issued by the DEEP.  The requirements of the DEEP General Permit shall be considered in addition by the applicant of any permits and or approvals issued by the Planning and Zoning Commission.
    Vote 5 to 0.
    Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
    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 –
 
Hiram Peck, Planning Consultant, submitted the following drafts to Commission members for their review:
  • Local Housing Options, Draft Discussion memo, dated April 4, 2017.
  • Open Space Subdivisions.
  • Special Permit Application Draft.
  • Section XX Outdoor lighting.
     
Hiram Peck, Planning Consultant, stated the Commission needs to make a decision as far as the LED signs.  Commission members discussed.
 
 
It was moved by Calhoun and seconded by Harrison that when the Commission is doing the new regulations that there will be a specific gas station LED sign regulation that is limited to 3-feet by 3-feet in the LED area.
Unanimous approval.
 
The Commission then discussed other businesses that might want to have message boarding signs.      Mr. Peck will work on the message boards and email to members before the next meeting for their review.  Tabled.
 
 
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, submitted the following:
  • Building Permits, dated August 2, 2017.
  • Site Inspections.
     
     
ADJOURNMENT
 
It was moved by Calhoun and seconded by Harrison to adjourn the regular meeting at 9:40 p.m.
Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
 
 
Respectfully submitted,
 
 
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
 
 
 
AUGUST 2, 2017                                                 Page 1 of 10
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