Friday, February 23, 2018


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION SPECIAL MEETING OF WED
The special meeting of the Planning and Zoning Commission was called to order at 7:03 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
            Bob Harrison, Member
Brad Buchta, Alternate Member, seated as a voting member
Carol Lambiase, Alternate Member, seated as a voting member
            Eric McDonald, Alternate Member
 
 
The following Commission Members were absent:
            Alex Hutchinson, Member
            Donna Shea, Member/Secretary
 
 
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 January 3, 2018, Regular Meeting as follows:
  • Page 3, fourth paragraph, add this sentence – Mr. Peck also described for consideration by the board to determine if this is an intensification of an existing use or the expansion to a different nonconforming use.
  • Page 5, last paragraph, Reads – “Mr. Peck will cleanup his memo dated December 27, 2017, and forward to Chair Brinton for approval to forward to applicant.” Change to “Mr. Peck will revise his memo dated December 27, 2017, and forward to Chair Brinton to approval to forward to applicant.”
    Voting for:  Brinton, Calhoun, Harrison, Buchta, Lambiase.
      Unanimous approval.
 
 
  1. It was moved by Calhoun  and seconded by Lambiase to approve, as amended, the minutes of the January 17, 2018, Special Meeting:
  • First Page, last paragraph, change first bullet to read “Need a landscaping plan with elevations.”
  • First page, last paragraph, change second bullet to read “Need an asbuilt plan.”
     
     
     
     
     
     
  • Second page, second paragraph, second sentence reads “Also, Mr. Peck mentioned the original plan had potential parking in the rear and it is now constructed and that the owners need to submit an asbuilt that reflects all the revisions: such as, the parking in the rear, walls constructed, lighting, and landscaping.” Change to “Also, Mr. Peck mentioned the original plan had potential parking in the rear and it is now constructed and that the owners need to submit an asbuilt plan that reflects all the revisions: such as, the parking in the rear, walls constructed, lighting, and landscaping.”
    Buchta abstained.
    Voting for:  Brinton, Calhoun, Harrison, Lambiase.
      Unanimous approval.
 
 
BILLS
 
  1. It was moved by Buchta and seconded by Harrison to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for January 2018, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for:  Brinton, Calhoun, Harrison, Buchta, Lambiase.
Unanimous approval.
 
  1. It was moved by Calhoun and seconded by Lambiase to approve the payment of a bill for $125.00, dated for February 15, 2018, from Donna Cahill for recording services for the public hearing (68 Hopp Brook Road).
    Voting for:  Brinton, Calhoun, Harrison, Buchta, Lambiase.
Unanimous approval.
 
 
GENERAL CORRESPONDENCE
 
  1. Letter from Attorney John A. Parese, representing Green Haven, Inc., dated January 16, 2018, Re:  Request for extension for five years of zoning approvals – Applications #2014-006, #2014-007 and #2014-008 for 4 and 21 Meyers Road.
  2. Letter from Attorney John A. Parese, representing Green Haven, Inc., dated January 17, 2018, Re:  Supplement Request for extension for five years of zoning approvals – Applications #2014-006, #2014-007 and #2014-008 for  4 and 21 Meyers Road also known as 58, 58A and 58B Old Amity Road.
  3. Letter from Bill and Wendy Grieger of 63 Sargent Drive, submitted January 18, 2018, Re:  63 Sargent Drive.
  4. Submitted by email from Matt Micros, on January 19, 2018, one handwritten sheet of lighting information with attached specifications from NorthEast Electrical Distributors of Hartford, CT, dated October 4, 2017, for CFC Park, 667 Amity Road.
 
 
 
 
 
 
 
 
 
PUBLICATIONS AND WORKSHOPS
 
  1. Connecticut Federation of Planning and Zoning Agencies, Quarterly Newsletter, Winter 2018.
  2. Letter from Steven Byrne, Executive Director of the Connecticut Federation of Planning and Zoning Agencies, submitted January 22, 2018, Re:  CFPZA Annual Conference – March 22, 2018.
     
     
    PUBLIC HEARING CONTINUATION
     
  • 68 Hopp Brook Road, Application #2017-017 submitted by Adam Lieder for a Home Occupation Permit for a tree service and to park three vehicles on the subject property
 
At 7:15 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.
 
During the course of the public hearing, Chair Brinton noted that the Commission has received the following items relative to the subject application.  Exhibit identification was assigned as noted:
  1. Exhibit 3A – Memo from Isabel Kearns, ZEO, dated January 11, 2018, Re:  68 Hopp Brook Road, Comments from conversation with Craig Molsick, owner of 68 Hopp Brook Road.
  2. Exhibit 3B – Memo from Isabel Kearns, ZEO, dated January 11, 2018, Re:  68 Hopp Brook Road, Comments from conversation with Garry Ginnow of 67 Hopp Brook Road.
  3. Exhibit 3C – Submitted by Walter Iwaniv of 29 Hopp Brook Road, two pages of comments from his presentation at hearing tonight.
  4. Exhibit 3D – Submitted by Hiram Peck , Planning Consultant, copy of Map A-171 from Land Records showing road width of Hopp Brook Road.
 
Present to speak on behalf of this application was Adam Lieder, owner of Out on the Limb Tree Service, of 75 Silvermine Road, Seymour, Connecticut, who is the applicant.
 
Chair Brinton asked if anyone from the public would like to speak in favor of the application or against the application.  The following public members spoke:
  • Walter Iwaniw of 29 Hopp Brook Road – Submitted Exhibit 3C.
  • Christopher Murphy of 201 Bear Hill Road.
  • Mr. Garry Ginnow of 67 Hopp Brook Road.
  • Nancy Jansen of 60 Hopp Brook Road.
 
Hiram Peck, Planning Consultant, asked Mr. Ginnow if he agreed with what Isabel Kearns, ZEO, mentioned in her memo Exhibit 3B.  Mr. Ginnow agreed.
 
 
 
 
 
 
Commission members discussed some issues with the Town Attorney and Planning Consultant regarding nonconforming use, road width, and petition submitted by residents.
 
At 7:45 p.m., it was moved by Calhoun and seconded by Harrison to close the public hearing on the subject application.
Voting for:  Brinton, Calhoun, Harrison, Buchta, Lambiase.
Unanimous approval.                                                                                                                                                               
 
 
 
NEW BUSINESS
 
 
  1. Letter from John Parese, representing Green Haven, dated January 16, 2018, requesting an extension of five years on any approvals, Applications #2014-006, #2014-007 and #2014-008 that is scheduled to expire by lapse of time for property located at 4 and 21 Meyers Road also known as 58, 58A 58B Old Amity Road
 
Present for this request were Brenda Caldwell and Dick Margulis.  Ms. Caldwell stated this extension is required for the bank so that if the construction goes longer than the 60-week construction period we would be pushing against the deadline of June 11, 2019.
 
It was moved by Calhoun and seconded by Harrison to approve the extension of five years on the approvals for Green Haven, Inc., for Applications #2014-006, #2014-007, and #2014-008 for property located at 4 and 21 Meyers Road also known as 58, 58A and 58B Old Amity Road.  The new expiration date shall be June 11, 2024.
Vote 5 to 0.
Voting were:  Brinton, Calhoun, Harrison, Buchta, Lambiase.
Unanimous approval.
 
 
 
  1. 19 AMADEO DRIVE, Application #2018-001 submitted by Robert Jones for a Special Exception Permit for an Accessory Apartment
 
It was moved by Calhoun and seconded by Buchta to schedule a public hearing date at the next regular Planning and Zoning Commission Meeting on Wednesday, March 7, 2018, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road.
Vote 5 to 0.
Voting were:  Brinton, Calhoun, Harrison, Buchta, Lambiase.
Unanimous approval.
 
 
 
 
 
 
 
 
 
  1. Discussion with James Bruni of 26 Pleasant Dr., regarding 12 PLEASANT DRIVE – GRIEGER
 
Present for this discussion were James Bruni of 26 Pleasant Drive and Bill and Wendy Grieger, owners of 12 Pleasant Drive.
 
Mr. Bruni stated his concerns with the hours of operation of businesses operating out of storage facility owned by the Griegers.  Mr. Bruni stated there are people going in and out and noise coming from building all during the night.  Mr. Bruni has audio recordings and videos of the activity at the subject property.  The Griegers’ are having security cameras installed on building.
 
Town Attorney Kevin McSherry listed the three components discussed:
  • Cameras being installed by Griegers’ and they will notify Mr. Bruni and PZC when completed.
  • Mr. Bruni to send email to Griegers’ when activity is taking place so they can check the cameras at the time notified.
  • Mr. Bruni to speak to State Police regarding issue of ATV activity.
 
OLD BUSINESS
 
  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 – Hearing closed.  Commission briefly discussed and will deliberate at next meeting.  Tabled.
 
  1. Continue discussion regarding Accessory Apartments and other Zoning Regulations including Attainable Housing Regulation - 
    Hiram Peck, Planning Consultant, will prepare a refined final regulation and email to Commission members.  Tabled.
 
ZONING ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, ZEO, distributed copies of two reports she prepared as follows:
  • Building Permits for January.
  • Site Inspections from January 22, 2018 to February 6, 2018.                               .
 
ADJOURNMENT
 
There being no further business to come before the Commission, it was moved by Calhoun                    and seconded by Buchta to adjourn the special meeting at 9:43 p.m.
Voting for:  Brinton, Calhoun, Harrison, Buchta, Lambiase.
Unanimous approval.
 
Respectfully submitted,
 
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
NESDAY, FEBRUARY 15, 2018       Page 1 of 6