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

 

The regular meeting of the Planning and Zoning Commission was called to order at 7:02 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

Brad Buchta, Alternate Member

Carol Lambiase, Alternate 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 Hutchinson to approve, as amended, the minutes of the September 6, 2017, Special Meeting:

• Page 1, last paragraph – add this sentence – “There will be a sign off on the application indicating the Conservation Commission has been contacted by the applicant and is in receipt of the plans.
  Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.

      Unanimous approval.

 

1. It was moved by Calhoun and seconded by Harrison to approve, as amended, the minutes of the September 6, 2017, Regular Meeting:

• Page 4 – First Bullet – Reads “Lived here for 30 years with no problems until Grieger took over building at 63 Sargent Drive”.  Change to “Lived here for 30 years with no problems until Bethany Heavy Equipment took over the building at 63 Sargent Drive”.
  Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.

      Unanimous approval.

 

 

BILLS

 

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

Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1. Letter from Isabel Kearns, IWEO, to Mr. & Mrs. John Migliaro, Jr. dated September 21, 2017, Re:  375 Bethmour Road, Notice of Violation, complaint about noise, truck traffic and hours of operation.
2. Letter from Crown Castle to Connecticut Siting Council, dated September 20, 2017, Re:  Notice of Exempt Modification for Sprint 2.5 Rework Crown Site, 719 Amity Road.

 

 

PUBLICATIONS AND WORKSHOPS

 

1. The Connecticut Landscape Architect, Summer 2017.

 

 

NEW BUSINESS

 

1. 696  AMITY ROAD-Unit UL-4, Application #2017-013 submitted by Dante Salerno/Matthew Velardi for a Change of Use Permit – Recording Studio –

 

The Commission formally received the application.  Present to speak on behalf of this application were Dante Salerno and Matthew Velardi, applicants.

 

Some comments by the applicants were:

• Will be using a small room for recording within the unit to keep sound contained.
• Will be installing two inches of carpeting in this room.
• Recording room is at the furthest point from the other people in the building.
• Business has not been established yet.

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members reviewed and proceeded to deliberate.  It was moved by Calhoun and seconded by Hutchinson to approve the following resolution for Application #2017-013:

 

Whereas, Dante Salerno and Matthew Velardi applied on October 4, 2017 to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate a recording studio from Unit UL-4 located at 696 Amity Road;

 

Whereas, Brian Botti, owner of Unit UL-4 located at 696 Amity Road, authorized Dante Salerno and Matthew Velardi to apply to the Planning and Zoning Commission for the Change of Use Permit in an email dated September 26, 2017;

 

Whereas, the Commission, at its regular meeting of October 4, 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 recording studio in Unit UL-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:

1. John Laudano, Quinnipiack Valley Health Representative, signed off on the back of the application form on October 4, 2017, indicating his approval with comments on QVHD Permit #2400. 
2. Rod White, Fire Marshal, signed off on the back of the application form on       September 29, 2017, indicating his approval.
3. The Commission received a letter dated September 28, 2017, from Ronald Walters, Senior Environmental Analyst from the South Central Connecticut Regional Water Authority in which he states he has no comments.
4. The Commission heard representation by the applicants at the October 4, 2017, meeting pertaining to the sound proofing of the room which will be used for recording.
    
   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 recording studio in Unit UL-4 located at 696 Amity Road (#2017-013), 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. Discussion regarding granny pods (temporary health care structures) –

 

Hiram Peck, Planning Consultant, briefly reviewed the Senate Bill No. 922, Public Act 17-155, an act concerning temporary health care structures, which would be an accommodation for elderly relatives on your property.   Mr. Peck stated there are a lot of questions regarding this Public Act and that the Commission can opt out of the provisions of this public act.  He continued to state the Commission would have to have a public hearing, send recommendation to the Board of Selectmen and they must take a vote to opt out also.

 

Kevin McSherry, Town Attorney, stated there are concerns the way the legislation was written and mentioned that relatives would probably rather have their elderly live in their home instead of in a separate building.

 

It was moved by Hutchinson and seconded by Harrison to schedule a public hearing pertaining to the Planning and Zoning Commission opting out of authorization for the installation of temporary health care structures on Wednesday, November 1, 2017, in the Commission Meeting Room of the Bethany Town Hall.

Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

 

1. 696 Amity Road, Unit B-3, Application #2017-014 submitted by James Butler for a Change of Use Permit to operate a personal training studio –
    
   It was moved by Calhoun and seconded by Shea to add to the agenda an application for a Change of Use Permit for a personal training studio submitted by James Butler and to be located at 696 Amity Road, Unit B-3.

Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

 

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

 

Some comments by the applicant, James Butler, were:

• Gym he worked at recently closed and he decided to start his own business with his clientele.
• There will be no exercise classes.

 

It was moved by Calhoun and seconded by Harrison to allow the Zoning Enforcement Officer to approve the application submitted by James Butler for a Change of Use Permit for a personal training studio to be located at 696 Amity Road, Unit B-3, pending the approval from the Fire Marshal and South Central Connecticut Regional Water Authority.

Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

 

OLD BUSINESS

 

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, distributed a sheet on “Restrictive Signage Wording/Examples.

Mr. Peck continued discussion with the Commission on LED signs being controlled by the Town.

 

Kevin McSherry, Town Attorney, mentioned that the Town has a right to regulate its own property and can limit and regulate LED signs on public property.

 

The Commission discussed other local towns and what they are allowing for LED signage.

 

After individual members mentioned their concerns, it was the consensus of the Commission to allow the Town message board and the LED sign for the gas station only.  The Commission was sympathetic to the needs of the businesses in Town as far as LED signage but would like to start out small and can always change in the future.

 

Mr. Peck will clean up the draft regulation and submit back to Commission for review.

 

Also discussed were Local Housing Options and Attainable Housing Overlay.  Tabled.

 

 

1. Continue discussion regarding accessory apartments -  Tabled.

 

 

1. Discussion regarding 63 Sargent Drive (vehicle repair facility) -

 

Kevin McSherry, Town Attorney, stated that all information regarding this property will be gathered for court and presented to a judge.  It has come to the attention of Staff that there is activity taking place at this property which is not permitted.  Attorney McSherry stated the ZEO has the right to do an inspection of the site but there is concern with her safety.

Tabled.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT –

Isabel Kearns, ZEO, distributed copies of two reports she prepared as follows:

• Building Permits, October 4, 2017.
• Site Inspections from September 8, 2017 to October 4, 2017.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Calhoun and seconded by Hutchinson to adjourn the regular meeting at 9:05 p.m.

Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

 

 Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission

 

 

ESDAY, OCTOBER 4, 2017                                                 Page 1 of 5