MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNE
The regular meeting of the Planning and Zoning Commission
was called to order at 7:07 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
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
It
was moved by Calhoun and seconded by Harrison
to approve, as amended, the minutes of the October 4, 2017, Regular Meeting:
Page 3, Item #2, First Sentence – Reads “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.” Change to “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 qualified individuals
on your property.”
Page 3, Item #2, Second Paragraph – Reads “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.” Change to “Kevin McSherry, Town Attorney,
stated there are concerns with 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.”
Page 4, Old Business, Item #1, Fifth Paragraph –
Reads “Mr. Peck will clean up the draft regulation and submit back to
Commission for review.” Change to “Mr. Peck will revise the draft regulation and submit back to Commission for
review.”
Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
BILLS
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 October 2017, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
It
was moved by Calhoun and seconded by Harrison to approve the payment of a bill
for $125.00, dated for November 1, 2017; from Anne Sohon for recording services
for the public hearing (To Opt out of State initiated Temporary Health Care
Structure Act).
Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
GENERAL CORRESPONDENCE
Letter from Nancy Jansen of 60 Hopp Brook Road, dated
October 20, 2017, Re: Zoning violation
at 68 Hopp Brook Road, business operating, “Out on a Limb”.
Letter from Nancy Jansen of 60 Hopp Brook Road, dated
October 25, 2017, Re: Zoning violation at 68 Hopp Brook Road, business
operating, “Out on a Limb”.
PUBLICATIONS
AND WORKSHOPS
Connecticut
Federation of Planning and Zoning Agencies Quarterly Newsletter, Fall 2017.
PUBLIC
HEARING
Application
#2017-015 regarding opt out of State initiated Temporary Health Care Structure Act, per Section 1.3(j) of
Public Act 17-155, “An Act Concerning Temporary Health Care Structures”, Planning and
Zoning Commission initiated.
At 7:22 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.
Mr. Hiram Peck, Planning
Consultant, noted in discussion:
The Commission needs to discuss and possibly act
to opt out of the Temporary Health Care Structure Act.
This legislation allows for qualified
individuals to be housed in a structure on their relative’s property. They will need a septic system and water
hookup.
When an individual makes an application for this
structure, the Commission needs to act on in 15 days.
Cost for these structures is very expensive.
This Act technically is in place; went into
effect October 1, 2017.
Kevin McSherry, Town Attorney,
stated his concerns and issues with this Act.
Commission members discussed and
mentioned that addressing the Zoning Regulations for accessory apartments would
be an improvement over this Act.
Chair Brinton asked if anyone from
the public would like to speak in favor of the application or opposing the
application. The following individuals
spoke:
Hiram Peck, Planning Consultant,
mentioned that he would make the presentation to the Board of Selectmen if
needed.
At 7:57 p.m., it was moved by Calhoun
and seconded by Harrison to close the public hearing on the subject
application.
Unanimous
approval.
NEW BUSINESS
127 AMITY
ROAD, Application #2017-016 submitted by Bill and JoAnn Karales for a Change of
Use Permit – Wholesale soap distributor –
The Commission formally received the application. Present to speak on behalf of this application
was
Candice Funsch of 33 North Humiston Drive, daughter of the
applicants, Bill and JoAnn Karales, who are on vacation.
Some comments by Ms. Funsch were:
This is her parents business and they will be
moving to Connecticut in January 2018.
There will be no retail store.
Will be packaging orders and sending out.
Shipments come in once a month.
There will be no sign.
Currently have 2 employees but will be hiring 2
more. Ms. Funsch revised the
application.
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
#2017-016:
Whereas, Bill and
JoAnn Karales applied on November 1, 2017, to the Bethany Planning and Zoning
Commission for a Change of Use Permit to operate a wholesale soap lift
distributor located at 127
Amity Road;
Whereas, Earl Sickinger,
owner of 117-127 Amity Road, authorized Bill and JoAnn Karales to apply to the
Commission for the Change of Use Permit to operate a wholesale soap lift
distributor located at 127 Amity Road in an email dated October 31,
2017;
Whereas, the
Commission, at its regular meeting of November 1, 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
wholesale soap lift distributor located at 127 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:
Lynn Fox, Quinnipiack Valley Health District Representative,
signed off on the back of the application form on October 19, 2017, indicating
her approval.
Roderick White, Fire Marshal, signed off on the back of
the application form indicating his approval on October 31, 2017.
The Commission received a letter dated October 31, 2017,
from Ronald Walters of South Central Connecticut Regional Water Authority in
which he states he has no comment because the site is off the watershed.
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 wholesale soap lift
distributor located at127 Amity Road (Application #2017-016),
as presented in the application, statement of use and testimony 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.
Vote 5 to 0.
Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous
approval.
68 HOPP BROOK
ROAD, Application #2017-017 submitted by Adam Lieder for a Home Occupation for
tree service and to park 3 vehicles on property –
The Commission formally received the application. Present to speak on behalf of this
application was Adam Lieder,
applicant.
Some comments by Mr. Lieder were:
He is interested in purchasing 68 Hopp Brook
Road.
Been in business for 18 years in Seymour,
Connecticut and lives in Seymour.
Needed a location to park three trucks.
No one lives there yet but he is planning on
moving in at some point.
Property needs significant amount of work.
There is a garage to store two of the
vehicles. Garage won’t hold bucket
truck.
The Commission has concerns with a commercial business in a
residential zone. The Commission would
like to schedule a site visit.
Nancy Jansen of 60 Hopp Brook Road submitted the following
in opposition of this business located at 68 Hopp Brook Road:
Letter from Nancy Jansen of 60 Hopp Brook Road, dated
October 20, 2017, Re: Zoning violation
at 68 Hopp Brook Road, business operating, “Out on a Limb”.
Letter from Nancy Jansen of 60 Hopp Brook Road, dated
October 25, 2017, Re: Zoning violation at 68 Hopp Brook Road, business
operating, “Out on a Limb”.
Letter from Lodynsky Family, 40 Hopp Brook Road, dated
October 26, 2017, Re: Commercial
business at 68 Hopp Brook Road.
Petition with 22 signatures to deny the Zoning
Application #2017-017 for 68 Hopp Brook Road.
Seven photographs of trucks/equipment on Hopp Brook
Road.
Kevin McSherry, Town Attorney, recommended the Commission
visit the site and consider scheduling a public hearing on this application.
It was moved by Calhoun and seconded by
Harrison to schedule a public hearing at the next regular meeting on Wednesday,
December 6, 2017, pertaining to Application #2017-017 submitted by Adam Lieder for a Home
Occupation for tree service and to park 3 vehicles on property located at 68
Hopp Brook Road. Hearing will start at
7:15 p.m.
Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous
approval.
The Commission then scheduled a Site Visit for Saturday,
November 11, 2017, at 7:30 a.m. Tabled.
Discussion with
Nancy Jansen of 60 Hopp Brook Road Re:
68 Hopp Brook Road – Ms. Jansen spoke during Item #2.
667 AMITY
ROAD, Application #2017-018 submitted by Matt Micros for a permit for two signs
–
The Commission formally received the application. Present to speak on behalf of this
application was Matt Micros, applicant
and owner of record.
Some comments by Mr. Micros were:
CFC sign on the building will be illuminated
from behind.
Other sign for the entrance will be a double
sided sign.
Amended application to include the flag.
There was some concern with the illuminated sign due to the
Zoning Regulation amendment on Signs.
Mr. Micros stated that he will not illuminate the sign on the
building so that he would be complying with the Zoning Regulations to date and
would come back in the future when Zoning Regulations on Signs are amended.
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 #2017-018:
Whereas, Matt
Micros applied to the Planning and Zoning Commission on November 1, 2017, for three
signs – one is attached on the building and is 13.9-feet by 15-feet; another is
a 4-foot by 8-foot freestanding sign in front of the old bank building and the
other is a 5-foot by 8-foot flag located at 667 Amity Road;
Whereas, the
maximum square footage for signage for this property is 500 square feet of
which only 75 square feet can be
freestanding;
Whereas, there
will be no other signs on the property;
Whereas, this
application meets the zoning requirement for signage;
Now Therefore,
the Commission makes the following findings of fact and decision regarding this
application:
- Rod White, Fire Marshal,
signed off on the back of the application form on October 31, 2017 indicating his
approval.
- The Commission received
correspondence dated October 31, 2017 from Ronald Walters, South Central
Connecticut Regional Water Authority Representative, in which he states he
has no comments.
Now Therefore Be It
Resolved, that pursuant to Section 7 of the Town of Bethany Zoning
Regulations, amended to October 30, 2015, the Bethany Planning and Zoning
Commission approves the Application #2017-018 submitted by Matt Micros for three signs – one is attached on the
building and is 13.9-feet by 15-feet; another is a 4-foot by 8-foot freestanding
sign in front of the old bank building and the other is a 5-foot by 8-foot flag
located at 667 Amity Road.
Vote 5 to 0.
Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous
approval.
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 –
Hiram Peck, Planning Consultant, reviewed the revisions he
recommended. Commission members
discussed and proceeded to deliberate.
It was moved by Hutchinson and
seconded by Shea to adopt the sign recommendation as previously drafted and as
revised including the wording that was stated this evening. Effective date being December 1, 2017.
Vote 5 to 0.
Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous
approval.
SECTION 7. Basic Standards
7.0 Signage
A. General
Purpose and Intent
It
is the purpose and intent of this section to:
1.
Accommodate the establishment of signs necessary for identification, direction
and reasonable commercial promotion while providing minimum standards to
preserve the character of Bethany by regulating the size, height, location and
lighting of signs; and
2.
Provide a reasonable and comprehensive system of sign controls to provide for
fair and equal treatment of all sign users; and
3.
Protect the Town’s character by avoiding clutter, while recognizing the need
for signs as a major form of communication; and
4.
Encourage signs that are well designed and pleasing in appearance with good
design relationship to the site, the use and the zone and using high quality materials,
with safe and appropriate spacing and location; and
5.
Promote public safety by providing that official traffic regulating devices be
easily visible and free from nearby visual obstructions; and
6.
Protect the residential, commercial, industrial, and recreational character of
each district and the overall rural character of the Town.
B. Applicability
1.
No sign shall be established, constructed, reconstructed enlarged, extended,
moved or structurally altered except in conformity with these regulations and
until a sign permit if required by this section, has been issued.
2.
For any sign serving a use that was subject to a special permit, a modification
of the special permit shall be required if the Zoning Enforcement Officer
determines that a proposed change in size, shape, material, lighting or
location significantly alters the character of the sign from what was approved
by the Commission.
3.
There shall be no temporary or periodic signs (including A-frame, or signs of
similar type or construction) other than as provided in these Regulations.
4.
Signs referenced in this section are illustrated in the appendix of these
Regulations.
5.
Any sign permitted and erected prior to the effective date (12/1/17) of these
regulations is not subject to the requirements unless there is an alteration of
the permitted sign.
The
following signs are expressly prohibited except as specifically permitted by
the Commission:
1. Any sign not expressly
permitted by these regulations.
2. Flashing signs, rotating and animated
and/or scrolling signs. Any such signs
which
have been erected or displayed without benefit of the proper permit or written
ZEO permission are not permitted.
3.
Moving or message board signs as defined herein except where specifically
permitted
by the Commission;
4.
Any motion-producing (dynamic or message board) elements or features of any
sign,
including wind induced flutter, flag signs, unless specifically approved by the
Commission.
5. Motor vehicle fuel price signs
capable of changing image using electronic
Control,
except a sign which is a maximum of three(3) feet by three (3) feet in
size.
Such sign may only be erected after receiving approval of a Special Permit
by
the Commission.
6. Signs with display screens using LED,
LCD, plasma, or functionally equivalent
technology,
except one (1) Community Bulletin Board sign as specifically approved by
Special Permit by the Commission, controlled by the Town of Bethany for the
purpose of advertising community events which are sponsored by any non-profit
organization open to the public.
7.
Signs capable of slide show or series of stills, or full motion or a
combination
thereof unless approved by the
Commission by Special Permit;
8.
Sky signs; (Signs whose message is carried by light into the sky.) Such signs
include
high powered spotlight or searchlight type light producing signage or
attraction
devices.
9. Any sign with an exposed
source of illumination. Illumination is to be
minimized and shielded so as to
prevent direct viewing of light bulb or light
source from a road, highway or
off premises, except as in 6 above.
10.
Any wall mounted sign lacking fabricated individual letters; unless the sign is
a
wall sign approved by the Commission;
11.
Any sign with translucent cabinet faces enclosing any “light cabinet”
excepting
individual halo or back-lit letters;
12.
Signs with painted-on letters or sheet or film applied letters, except for
signs
approved
by the Commission. However temporary signs, open and closed
(non
neon and non LED) signs, awning signs, and menu board signs as
approved
in writing by the ZEO;
13.
Off-premises signs also known as Billboard signs, unless otherwise permitted
by
Special Permit by the Commission under these Regulations. Such signs shall be
limited to such wayfinding situations as the Commission finds necessary and
acceptable and may only be installed after receipt of a Special Permit approved
by the Commission.
14.
Streamers, and banners unless temporary permits are approved in writing by
the
ZEO for special events whose duration is no longer than permitted by Section
7.1. D of these regulations.
15. Any signs which
display red, green or amber lights near a roadway which may
be confused for a traffic signal by
a vehicle operator.
Signs: General Requirements for All Signs
A. Unless
otherwise indicated, all signs permitted herein require a zoning permit from
the Zoning Enforcement Officer. Where Commission action is required the ZEO shall
issue the required permit notification, either approval or denial, subsequent
to Commission action.
B. Permits
for Temporary signs as allowed by this section may be granted and issued by the
ZEO unless otherwise specified.
C. Temporary
event signs for which the use is permanent may be permitted for a period of
(30) thirty days duration up to (4) four times per year upon written approval
of the ZEO. Failure to remove the temporary signs after the 30 day period may
jeopardize the issuance of future permits by the ZEO.
E. Commission
approval is required prior to the erection or use of any externally or
internally illuminated sign.
F. The
Commission or Zoning Enforcement Officer may request information from the
applicant in sufficient detail to clearly identify the characteristics of the
proposed sign(s), including:
1. size, location,
material, and proposed lighting type, if any,
with specifications and
intensities.
2.
The applicant is required to submit a scaled drawing of the proposed sign(s) showing
relation to the property’s boundary
lines and its relation to the building which it is
proposed to serve.
3. If the sign is
proposed to be illuminated, the times of such illumination shall be stated
on the application. Illumination of signs shall be turned off no later than 1 hour
after
business closing.
4. Failure to submit the
complete required information or any requested information
which is deemed necessary for the Commission
to determine whether the sign or
lighting if any,
complies with these regulations may be cause for denial of the
application.
G. No
sign or sign lighting shall be placed or directed in such a manner so as to
cause danger
to drivers of vehicles on the street by
obscuring sight lines or impairing visibility. Also see Sign Glare as defined
in these Regulations.
H. All
signs shall be constructed of weather-proof materials, firmly supported and
maintained in good condition and repair at time of installation and thereafter.
If such sign(s) and supporting materials and any required plantings are not
properly maintained, the Commission may after notice to the owner to decide
whether to revoke the sign permit for lack of compliance.
I. All
signs proposed are considered an accessory use for an activity or use on the
same lot unless otherwise specified herein.
J. Sign Size, General
Sign size shall be defined as that of the entire area
within a single, continuous perimeter that encloses the extreme limits of the
sign’s surface.
For
a sign painted on, (affixed) or applied to a building, the size shall be
defined as the area within a straight line perimeter that includes all
lettering, designs, symbols and
background of a sign having a different color than the color or finish material of the building.
For
a sign consisting of individual letters or symbols attached to or painted
on a surface, building, wall or window,
the sign area shall be considered to be
that of the smallest rectangle or other straight line shape which
encompasses all of the letters and
symbols.
The
area of the supporting framework, (for example brackets, posts etc.) shall not
be included in the area of the sign if such framework is incidental to the display.
When
a sign has two (2) or more faces, the area of all faces shall be included in
determining the sign area, except where two faces are attached to each
other, placed back to back and are at no
point more than two (2) feet from each other.
In this case the sign area shall be considered as the area of the larger
of the two faces or if the same size, the area of one (1) side of the sign.
K. Signs
located visible in windows of commercial establishments, or within three (3)
feet of any window are to be counted as part of the total signage on a
property.
M. Traffic
directory signs, “Enter and Exit” are allowed and may be a maximum of two (2)
square feet each in size.
N. All
signs shall be erected on the same parcel or property as the business to which
they refer unless otherwise specified herein. Any offsite sign (billboard) may
only be approved by the Commission using Special Permit standards applied as
may be appropriate.
O.
The maximum height of any permanent detached sign is ten (10) feet from
the ground level measured directly below the proposed sign to the top of the
sign.
Signs in Residential Zones
A. The following
signs may be erected, as of right, no permit required:
1. Official Town government or directional
traffic signs, including historic or public
interest signs.
2. No trespassing signs or signs indicating the
private nature of a driveway or premises
provided the size of any
such sign shall not exceed two (2) square feet.
3. Real estate, For Sale or For Rent signs with
a maximum size of three (3) square feet, one
per property. A corner
lot, with two road frontages, may have two (2) such signs
maximum.
4. Open house real estate signs may be placed
for 24 hours maximum, and must be removed
at the close of the open
house.
5. Political sign or signs as defined in
definitions section a maximum of thirty two (32)
square feet per parcel in
any zone.
B. Signs in Residential Zones which
require a permit from the ZEO:
1. One non-illuminated sign not exceeding four (4) square feet in
area, giving the name of the land or building on the same lot.
2. A non-illuminated professional or name sign,
when connected to a permitted home business or occupation, not exceeding (4)
four square feet indicating the name, profession or activity of the occupant of
the dwelling provided that not more than one such sign may be erected per
property.
3. Bulletin boards or signs on Town, church,
school or institutional property not exceeding thirty two (32) square feet in
total area.
4. A building contractor’s sign located on the
property where a building or buildings are actually under construction or
repair which are no greater than a total of sixteen (16) square feet in area. Such
sign must be removed within 30 days after completion work.
5. The ZEO may permit temporary signs for a
period not to exceed two years, which advertise a Commission approved development
and which are thirty two (32) square feet or less in area. One sign may be permitted for each intersection
with a public road, but may not obstruct sightlines. A maximum total of 2 signs
per development may be permitted. Sign(s) must be located on private property.
6. The name of a farm and the proprietors
thereof if desired, may be attached to or painted on the wall of an accessory
building the total area of the sign is limited to thirty-two (32) square feet. Signs
larger than 32 square feet may be approved by the Commission by Special
Exception/Special Permit.
7.
The name of a farm or stable, riding academy or the like, as long as the use is
legally permitted, may be shown on a free standing sign or pole sign or hanging
sign, near the entrance to the property to indicate its location to potential
patrons. Such non-illuminated freestanding sign may be a maximum of ten (10)
square feet.
8. Temporary signs including
window signs announcing a new business or the announcement of special events.
Such signs may be displayed for a maximum period of 90 days. If not properly
permitted the signs may be ordered removed by the ZEO.
Signs in the Business and Industrial Zones
The Commission may permit the
following signs in a Business and Industrial (B-I) Zone. They are also governed
by all the General Requirements of this Section as well as any applicable DOT
regulations and policies. No sign shall be permitted in any DOT right-of-way
unless permitted by the Connecticut DOT. Signs without proper permit or
approval may be required to be removed.
Any
sign permitted in a Residential District,
may be permitted in the B-I Zone, with the same limitations and
requirements.
One
(1) small lighted (neon) sign per property indicating a business is “Open” or
“Closed”. Such sign shall be no larger than two (2) square feet. Other such
lighted (neon or the like) signs shall be prohibited and are subject to
enforcement action.
Roof
signs are prohibited, however signs may be attached to the front wall of any
building, but may not project more than 12 inches from the wall. No sign on any
building shall extend above the top of the main exterior wall nearest the road.
The Commission may vary this requirement only if:
Unique
architectural building constraints exist which do not pertain to other buildings in the zone.
Topography
prevents sign visibility.
Building
or business location in a complex prevents visibility which is unable to be
corrected with other signage alternatives.
A
blade sign is applied for and found to meet all other requirements of these
regulations. Such a sign is attached to a building and displayed perpendicular to the building
wall. Typically pedestrian oriented size and scale.
Size:
Total area of all signs on
the premises, including window signs, shall not exceed 2 square feet per linear foot of actual building or unit frontage. Of this total, not more than 75 square
feet may be erected as a free standing sign. Total window signage on any
premises shall not exceed 25% of the total window area of the windows as viewed
from the abutting road frontage. All free standing signs in a Business and
Industrial District must be reviewed and may be approved by the Commission.
One
non-illuminated sign not exceeding sixteen (16) square feet is permitted
pertaining only to the sale or lease of the land or the building on which it is
displayed.
Landscaping:
Freestanding signs should be landscaped to the Commission’s satisfaction at the
ground level or have landscaping incorporated into the landscape plan for the
front yard setback area. Any sign or landscaping in a required setback fronting
any road shall be located entirely on the applicant’s property and shall not
obstruct any required sight lines.
Lighting:
External lighting for any freestanding sign(s) must be directed downward from
the top of the sign and illuminate only the sign. The source of the light shall
not be visible from the street or any other lot. Properly installed, full cutoff
fixtures shall be used for all sign and site lighting. However up-lighting for
ground mounted monument signs may be permitted if it can be shown that the
lighting will be minimized so as not to distract drivers and only then if it
can be shown that such lighting is preferable to down lighting in order to
minimize any light spillage or undesirable light trespass. Halo or back lit
letters are also permitted if approved by the Commission. See appendix for
acceptable examples of such lighting.
Design:
All permanent signage for one property or for a business center shall be
coordinated and complementary in design to the extent practical, while still
meeting all other sign requirements.
Awning
signs may be permitted by the Commission as long as the total square footage
allocated to the property is not exceeded.
Any
permanent or temporary signs proposed to be located within the State of
Connecticut’s right of way shall require the appropriate State permits prior to
the erection or placement of the sign. Any sign erected in the right of way
without a DOT permit may be required to be removed.
The
illumination of any illuminated sign shall cease no later than one (1) hour
after permitted business hours.
The
Zoning Enforcement Officer is hereby empowered to remove or cause to be removed
any sign which has been erected or placed without a proper permit. The Zoning
Enforcement Officer shall attempt to notify the owner of the sign or the owner
of the property on which the illegal sign is placed to request the sign be
removed. If the sign is not removed within the time prescribed by the Zoning
Enforcement Officer, the sign may be removed at the direction of the Zoning
Enforcement Officer.
Temporary signs including window signs announcing a new
business or the announcement of special events. Such signs may be displayed for
a maximum period of 90 days. If not properly permitted, the signs may be
ordered removed immediately by the ZEO.
7.3.1. Signs permitted by
Special Exception in the B&I Zone.
All other sign standards contained in Subsections 7.0,
7.1 and 7.3 pertain to such signs with regard to sign placement, size,
landscaping, design, hours of illumination etc. remain applicable, and are
enforceable by the Zoning Enforcement Officer and/or the Commission.
One (1) sign containing lighting either internal or
affixed externally to such sign as described herein may be approved by the
Commission upon application for and granting of a Special Exception for such a
sign upon a finding by the Commission that the sign meets the following
standards:
The sign must be a low profile, low monument type sign
which is a maximum of six (6) feet high from the ground. This is the preferred
type sign by the Commission for such an application. No other type internally
illuminated sign will be approved unless it can be shown that it is clearly
warranted due to site topography or other difficult site challenge, not
including monetarily based challenges alone.(See attached sign graphic
examples)
If the sign is not a low profile type sign, the maximum
height of the sign shall be no more than ten (10) feet in height from the
ground and shall be mounted on a single pole or double pole and shall only be
permitted as stated above.
The total sign area for such a lighted sign shall not
be more than 24 square feet in total size. The sign may be a two sided sign.
Only one sign face shall count toward the sign area. (Example: A double sided
sign which is 8 feet by 3 feet counts as 24 square feet of signage.)
The building number shall be affixed to the sign in
plain sight, but does not count for the height or area of the sign. Numbers
must be readable for location by emergency services, but should be no more than
nine (9) inches in height.
The lights in the sign may not be of such brightness as
to distract motorists passing by the sign to the point of causing a safety
concern. Any such lights shall be required to be dimmed or shut off as directed
by the ZEO or the Commission.
No sign whether temporary or permanent shall be
permitted to be located or to remain located so as to present an impediment to
motor vehicle sight lines which are necessary for entering or exiting a site driveway from a roadway.
The approval granted for such a sign shall only be
valid for as long as the same use is in place on the same site. Upon cessation
of such use the owner shall cause the sign to be removed or re-permitted as a
Special Exception by the new user.
The Commission may approve an off-premise
(billboard) sign which is intended to
direct patrons to the place of business only if :
the business does not have frontage on the abutting
highway, and
the business has been properly permitted by the
Commission or is otherwise legally permitted, and
Such off-premise (billboard) sign may be a maximum of
sixteen (16) square feet no matter how many tenants or businesses are located
on such sign. Any such sign shall if lighted at all, be down lighted.
Any such off premise Billboard sign shall not be
erected in the State of Connecticut DOT right of way unless approved by the
Connecticut DOT.
Effective Date
December 1, 2017
Also include 12
pages of graphic examples as appendix to these regulations.
Application
#2017-015 regarding opt out of State initiated Temporary Health Care Structure Act, per Section 1.3(j) of
Public Act 17-155, “An Act Concerning Temporary Health Care Structures”, Planning and
Zoning Commission initiated.
Hiram Peck, Planning Consultant, prepared a draft
resolution. Commission members discussed
and proceeded to deliberate. It was
moved by Calhoun and seconded by Harrison to approve the following resolution
for Application #2017-015:
CT
General Statutes - (SB 922) PA 17-155:
An Act Concerning Temporary Healthcare Structures
Commissioner
Calhoun. I make a motion to “opt out” of SB 922, PA 17-155, an Act concerning
Temporary Healthcare Structures as permitted by Section 1. (j) of the Act.
Commissioner
Calhoun. I find that the Commission’s
decision to “opt out” is based on the following factors, as well as all items
discussed during the public hearing, including the following information:
The Act affords too little time for the Commission and
the other Town Agencies to act on such an application. For example, a) the Act required permitted
adoption of the requirements of this Act by October 1, 2017, to address issues
of connection to water, sewer, and other utility systems; b) the Act requires
action on an application within 15 business days of submission, whereas this
Commission generally meets monthly; and c) the Commission would need more time
to determine any applicable conditions and the proper amount of any bond
necessary to ensure compliance.
The Act, as worded, could result in substantially
higher costs to applicants over other
alternatives such as modification of the primary
residence. For example, connection to a
septic system could be very expensive and connection to community septic system
could result in additional costs associated with a benefit assessment,
connection and use charges for the temporary healthcare structure. The cost of providing water, electric, and
heat to such separate structures could be similarly high. Almost all residential properties in Bethany
are on private water wells and septic systems creating a situation that may complicate
the issue.
The definition of “temporary healthcare structure”
could include certain types of portable homes, and possibly other structures
not intended by the ACT. The Town may not be prepared to regulate and enforce
land use regulations on such structures at this time. In addition, the structures
are required to be removed within 120 days of the time the occupant no longer
occupies the structure. This may place an additional burden on the homeowner as
well as the land use enforcement staff.
It is noted that the American Planning Association, which
provided an information sheet on the issue, lists ECHO Cottages as a source of
such structures but its units describe 6 to 8 pilings to stabilize and anchor
the structure to the ground and could be contrary to the Act, which prohibits
attachment to permanent foundations. This also complicates the issue.
The Regulations of the Town of Bethany currently allow,
in most situations, the primary residence to be modified/expanded to
accommodate persons covered by this Act, most likely at a more economical cost
and thereby reducing construction, utility connections and related costs. For example, the published cost of an ECHO
Cottage is $59,875 plus delivery and installation. ECHO does offer a monthly lease program at
$1,300 but requires payment for installation and restoration which it estimates
to run between $9,000 and $11,000.
However, the Town’s cost for permitting and enforcing proper utility
connections would likely increase this estimate by an additional margin. A renovation could be completed on the site’s
primary residence for a cost very likely below the acquisition cost of an ECHO
Cottage. If the temporary healthcare
structure is removed after a few years, the owner may have an additional significant
loss.
Further, Bethany also has Zoning Regulations for
Accessory Apartments which provide another alternative to the temporary
healthcare structures. These Regulations
address some of the complications posed by the Act (e.g., bonds, utility costs,
etc.) and could be amended to offer further improvements over the Act as
currently worded and adopted.
This issue will be addressed as part of the currently
ongoing Zoning Regulation revision process.
Other findings by the Commission:
Commissioner
Harrison. I second the motion. (as stated or as modified).
Vote 5 to 0.
Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous
approval.
Continue
discussion regarding Accessory Apartments and other Zoning Regulations
including Attainable Housing Regulation -
Hiram
Peck, Planning Consultant, would like the Commission to review the draft
regulation on Attainable Housing and discuss at the next meeting. Tabled.
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, distributed copies of two reports she prepared as
follows:
Building
Permits, November 1, 2017.
Site
Inspections from October 18, 2017 to October 30, 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 9:35 p.m.
Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
SDAY, NOVEMBER 1,
2017 Page 1 of 17
