MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISION REGULAR MEETING OF NOVEMBER 7, 2018 Page 1 of 7
The following Commission Members
were present:
Kimberly McClure Brinton, Chair
Donna Shea, Member/Secretary
Bob Harrison, Member
Alex Hutchinson, Member
Brad
Buchta, Alternate Member, seated as a voting member
Carol
Lambiase, Alternate Member, seated as a voting member until Member Shea
arrived at 7:09 p.m.
Eric McDonald, Alternate Member
The
following Commission Member was absent:
Michael Calhoun, Vice-Chair
Also present were:
Hiram
Peck, Planning Consultant
Isabel
Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
Unanimous approval.
BILLS
1.
It was moved by Buchta and seconded by Lambiase to
approve the payment of $1,200.00 (monthly pro rata basis), for services
rendered for October 2018, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
Unanimous approval.
GENERAL CORRESPONDENCE
1)
Letter from David White, Chairman, South Central
Connecticut Regional Planning Commission, dated October 17, 2018, Re: Comments on review of proposed amendment to
the Plan of Conservation and Development.
2)
Memo from Joanna Rogalski, Regional Planner, Regional
Planning Commission, Naugatuck Valley Council of Governments, dated October 26,
2018, Re: Staff recommendations on
proposed amendment to Plan of Conservation and Development.
3)
Letter from Ronald Walters, Senior Environmental
Analyst for South Central Connecticut Regional Water Authority, dated November
6, 2018, Re: Comments on amendment to
Bethany Plan of Conservation and Development.
4)
Email from Susan Marsh of 285 Sperry Road, dated
November 6, 2018, Re: Withdrawal of
Application #2018-020.
5)
Email from Dawn Harrison of 316 Sperry Road, dated
November 5, 2018, Re: Site blockage from
our driveway due to mailbox and trees.
6)
Letter from Prospect Planning and Zoning Commission,
dated October 3, 2018, Re: Public
hearing on November 7, 2018, in Prospect regarding revisions to Prospect Zoning
Regulations which are attached.
PUBLICATION
1.
Connecticut Federation of Planning and Zoning Agencies,
Quarterly Newsletter, Fall 2018.
·
Proposed
amendment to the Town of Bethany Plan of Conservation and Development – Bethany
Center Village District –
At 7:17 p.m., Chair Brinton called the public hearing to
order. Roll call was taken. Chair Brinton read the legal notice for the
public hearing that was published in the New Haven Register.
Chair Brinton noted that the
Commission has received the following items relative to the subject
application. Exhibit identification was
assigned as noted:
A. Exhibit 1A – Letter from David
White, Chairman, South Central Connecticut Regional Planning Commission, dated
October 17, 2018, Re: Comments on review
of proposed amendment to the Plan of Conservation and Development.
B. Exhibit 1B – Memo from Joanna
Rogalski, Regional Planner, Regional Planning Commission, Naugatuck Valley
Council of Governments, dated October 26, 2018, Re: Staff recommendations on proposed amendment
to Plan of Conservation and Development.
C. Exhibit 1C – Letter from Ronald
Walters, Senior Environmental Analyst for South Central Connecticut Regional
Water Authority, dated November 6, 2018, Re:
Comments on amendment to Bethany Plan of Conservation and Development.
Hiram Peck, Planning Consultant, reviewed the proposed draft
he submitted entitled, “Draft – 2018 Amendment to POCD – Bethany Center Village
District”, dated May 29, 2018, with the Commission. Also, it was discussed what areas in Bethany
would be a potential location for the village district.
Chair Brinton asked if anyone from
the public would like to speak in favor of the proposed amendment or against
the proposed amendment. The following
residents spoke:
o
Karl Larson of 80 Bethmour Road.
o
Caitlin Nugent of 80 Bethmour Road
o
Elizabeth Scott of 49 Tuttle Court
At 8:04 p.m., it was moved by Buchta and seconded by
Harrison to recess the public hearing and continue the public hearing to the
next regular meeting on December 5, 2018.
Unanimous
approval.
NEW BUSINESS
1)
Discussion
with Zoning Enforcement Officer regarding mailboxes blocking site lines
–
Isabel Kearns, ZEO, stated she received a complaint on
Sperry Road regarding a mailbox blocking the view out of their driveway.
Kevin McSherry, Town Attorney, mentioned that the Commission
cannot regulate mailboxes. Attorney
McSherry recommended calling the Resident Trooper on safety issues.
2)
256 Amity
Road, Application #2018-023 submitted by Thomas Capasso for a Change of Use
Permit to landscaping business storage –
The Commission formally received the application. Present to speak on behalf of this
application was Thomas Capasso, applicant.
Isabel Kearns, ZEO, stated all the necessary approvals have
been received.
Mr. Capasso stated he is renting the building and all his
equipment and trucks will be stored in the building except for his personal
truck.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to
deliberate. It was moved by Harrison and
seconded by Shea to approve the following resolution for Application #2018-023:
Whereas, Thomas
Capasso applied on November 7, 2018 to the Bethany Planning and Zoning
Commission for a Change of Use Permit to operate a landscaping business located
at 256 Amity Road;
Whereas, Thomas
G. Black, owner of 256 Amity Road, authorized Thomas Capasso to make
application to operate a landscaping business at 256 Amity Road in a letter
dated October 25, 2018;
Whereas, the
Commission, at its regular meeting of November 7, 2018, considered the
application information, statement of use, testimony and other pertinent
information relating to a request for the Change of Use to operate a
landscaping business from 256 Amity Road;
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 indicating her
approval on September 17, 2018.
2)
Rod White, Fire Marshal, signed off on the back of the
application form on October 29, 2018
indicating his approval.
3)
The Commission received a letter dated September 19,
2018, from Ronald Walters of the South Central Connecticut Regional Water
Authority in which he offered the following comments: 1) If fuel is to be stored on site, it should
be located within a secondary containment system to prevent leaks from entering
the environment, sheltered from precipitation, and in a secured area. If refueling of vehicles is to take place, a
dedicated refueling site should be established on a paved impervious
surface. 2) Fertilizers should be stored
indoors or outside under a structure to prevent stormwater contamination. Pesticides should be stored within a secured,
secondary containment area capable of preventing spills from entering the
environment.
3) All vehicle and equipment repair
and maintenance should be conducted indoors on an impervious surface. There should be absolutely no discharges of
motor vehicle fluids or detergent chemicals to the environment. 4)
Power washing of equipment and vehicles should be prohibited unless the
wash water is capable of being collected and removed by a licensed waste hauler
according to CT CEEP regulations. 5) In
accordance with Section 19-13-B102(b) of the Connecticut Public Health Code,
Regional Water Authority Watershed Inspectors and required to perform routine
inspections of properties within public water supply watersheds and
aquifers. RWA Inspectors should be
granted access to this property during the annual inspection program.
Now Therefore Be It
Resolved that pursuant to Section 5.5.A. of the Bethany Zoning Regulations,
amended December 1, 2017, the Bethany Planning and Zoning Commission approves
the Change of Use to operate a landscaping business located at 256 Amity Road;
And with the following condition:
1)
A building permit for an Interior-Fit-Out must be
approved by the Building Official and the Fire
Marshal prior to any renovations to or occupancy of the
building.
2)
Applicant shall comply with the recommendations from
the South Central Connecticut Regional Water Authority in a letter dated
September 19, 2018.
Vote 5 to 0.
Voting for: Brinton, Harrison, Hutchinson, Shea, Buchta.
Unanimous
approval.
1.
285 Sperry
Road, Application #2018-020 submitted by Dennis and Susan Marsh for a Home
Occupation Permit to sell eggs and goat milk soaps and a Sign Permit –
The Commission received an email from Susan Marsh, dated
November 6, 2018, Re: withdrawing Application
#2018-020.
2.
789 Litchfield
Turnpike, Application #2018-024 submitted by Lucia Dittmann for a Home
Occupation Permit to establish a dog treat bakery –
No one was present to speak on behalf of this
application. Isabel Kearns, ZEO, stated
she has tried to contact the applicant on several occasions and has not
received a response. The Commission is
still waiting for Quinnipiack Valley Health District comments. Isabel Kearns, ZEO, will forward a letter to
the applicant. Tabled.
3)
Continue discussion
with Dr. Gale Ridge of the Bethany “Environment” Committee regarding Wind Study
at Airport and “Sustainable CT” – Tabled.
4)
Proposed
amendment to the Town of Bethany Plan of Conservation and Development – Bethany
Center Village District - Public hearing continued to December 5,
2018. Tabled.
5)
Continue
discussion regarding Accessory Apartments and other Zoning Regulations
including Attainable Housing Regulation -
Hiram Peck, Planning Consultant, submitted the following:
o
Draft – Bethany Village Center Design District –
May 12, 2018
o
Bethany Site Plan Application Checklist
(Example)
o
Bethany, Connecticut – Zoning Regulations –
Table of Contents
o
Zoning Regulations – Purpose and Authority
The Commission scheduled a Special Meeting for Wednesday,
November 28, 2018 at 7:00 p.m. to review the draft regulations.
6)
Executive
Session on possible litigation matter – Tabled.
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, submitted the following:
·
Building
Permits, dated October 2, 2018 to October 30, 2018.
·
Site
Inspections dated October 4, 2018, to October 26, 2018.
ADJOURNMENT
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Planning and Zoning
Commission
