Tuesday, November 14, 2017


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                
            
  1. 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
 
  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 October 2017, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.
Unanimous approval.
 
  1. 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
 
  1. 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”.
  2. 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
 
  1. 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:
  • Brian Hanson of 49 Hopp Brook Road.
  • Nancy Jansen of 60 Hopp Brook Road.
 
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
 
  1. 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:
  1. Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on October 19, 2017, indicating her approval.
  2. Roderick White, Fire Marshal, signed off on the back of the application form indicating his approval on October 31, 2017.
  3. 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:
  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. 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:
 
  1. 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”.
  2. 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”.
  3. Letter from Lodynsky Family, 40 Hopp Brook Road, dated October 26, 2017, Re:  Commercial business at 68 Hopp Brook Road.
  4. Petition with 22 signatures to deny the Zoning Application #2017-017 for 68 Hopp Brook Road.
  5. 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.
 
 
  1. Discussion with Nancy Jansen of 60 Hopp Brook Road Re:  68 Hopp Brook Road – Ms. Jansen spoke during Item #2.
 
 
 
 
 
 
 
 
  1. 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:
  1. Rod White, Fire Marshal, signed off on the back of the application form on     October 31, 2017 indicating his approval.
  2. 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
 
  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, 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.
 
  1. 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.
 
 
    1. 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
 
  1. 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.
  2. 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.
     
     
     
  3. 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.
  4. 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.
  5. 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.
     
    1. 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.
       
    2. 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.
       
  1. Any sign permitted in a Residential District, may be permitted in the B-I Zone, with the same limitations and requirements.
  2. 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.
  3. 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:
     
     
     
    1. Unique architectural building constraints exist which do not pertain to  other buildings in the zone.
    2. Topography prevents sign visibility.
    3. Building or business location in a complex prevents visibility which is unable to be corrected with other signage alternatives.
    4. 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.
       
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. Awning signs may be permitted by the Commission as long as the total square footage allocated to the property is not exceeded.
  10. 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.
  11. The illumination of any illuminated sign shall cease no later than one (1) hour after permitted business hours.
     
     
     
     
  12. 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.
  13. 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.       
 
  1. 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.
     
  2. 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:
    1. 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)
       
    2. 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.
       
    3. 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.)
       
 
 
 
 
    1. 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.
       
    2. 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.
       
    3. 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.
       
    4. 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.
       
  1. The Commission may approve an off-premise (billboard)  sign which is intended to direct patrons to the place of business only if :
    1. the business does not have frontage on the abutting highway, and
    2. the business has been properly permitted by the Commission or is otherwise legally permitted, and
    3. 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.
    4. 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.
 
 
  1. 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:
 
  1. 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.
     
  2. 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.
 
  1. 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.
     
  2. 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.
 
  1. 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.
 
 
 
 
  1. 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.
     
  2. This issue will be addressed as part of the currently ongoing Zoning Regulation revision process.
     
  3. 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.
 
 
  1. 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