Tuesday, March 17, 2020


The regular meeting of the Planning and Zoning Commission was called to order 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, Chairman

            Bob Harrison, Vice-Chairman

            Donna Shea, Member/Secretary

            Alex Hutchinson, Member

            Rob White, Member

            Andy Zielinski, Alternate Member

            Brett Pallotto, Alternate Member

 

The following Commission Member was excused:

             Brad Buchta, Alternate Member

 

Also present were:

            Hiram Peck, Planning Consultant

            Isabel Kearns, Zoning Enforcement Officer

                                                                       

APPROVAL OF MINUTES              

    

·         It was moved by Harrison and seconded by Hutchinson to approve the minutes of the February 5, 2020, Regular Meeting.

Voting for: Brinton, Shea, Harrison, Hutchinson.

Abstained White.

 

BILLS

 

1.      It was moved by Harrison and seconded by Shea to approve the payment of $1,200.00 (monthly pro rate basis), for services rendered for February 2020, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

2.      It was moved by Harrison and seconded by Hutchinson to approve the payment of $125.00, for recording services rendered for the public hearing on March 4, 2020, for Donna Cahill.

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

Unanimous approval.

 

 

 

 

 

GENERAL CORRESPONDENCE

 

1)      Letter from State of Connecticut Department of Transportation to Mr. Gary Capitano P.E., dated February 18, 2020. Re: Proposed Auto Dealership, 9 Russell Road at Amity Road (Route 63), Bethany.

2)      Email from Kristine Sullivan to Kimberly McClure Brinton, Commission Chairman and to Hiram Peck, Town Planner, dated February 19, 2020. Re: Proposed Development at 9 Russell Road Not Required Inland and Wetlands Permit.

3)      Letter from Isabel Kearns, Zoning Enforcement Officer to Mr. Brian Blake, dated February 21, 2020. Re: 30 Hinman Road, Notice of Violation.

4)      Letter from Isabel Kearns, Zoning Enforcement Officer to Mr.  & Mrs. Jozsef Megyola, dated February 21, 2020. Re: 184 Miller Road, Notice of Violation.

5)      Letter from Isabel Kearns, Zoning Enforcement Officer to Mr. Michael Copeland, dated February 24, 2020. Re: 25 Sabrina Drive, Notice of Violation.

6)      Email Comments/Responses to and from Dave Nafis, P.E.L.S., Nafis and Young Engineers, Inc., to and from Isabel Kearns, Inland and Wetlands Enforcement Officer, to and from Gary Capitanio, VP, Borghesi Building & Engineering. Co, Inc., dated February 18, 2020 - February 26, 2020. Re: Green Light Auto Proposed Development at 9 Russell Road.

7)      Letter from Ray Pantalone, Tree Warden to the Planning and Zoning Commission, dated February 27, 2020. Re: Review of Town Trees along Russell Road (9 Russell Road – Green Light Auto).

8)      Letter from Isabel Kearns, Zoning Enforcement Officer to Mr. Michael Copeland, dated February 28, 2020. Re: 25 Sabrina Drive, closed case.

9)      Email to Isabel Kearns, Zoning Enforcement Officer from Mr. Brian Blake, dated February 26, 2020, Received March 2, 2020. Re: 30 Hinman Road.

 

 

NEW BUSINESS

1.      30 Hinman Road – Discussion with Mary Rawson regarding Enforcement Issues.

 

Present for this discussion was Mary Rawson of 50 Falcon Lane. The following letters from and to Isabel Kearns, Zoning Enforcement Officer were referenced:

·         Letter from Isabel Kearns, Zoning Enforcement Officer to Mr. Brian Blake, dated February 21, 2020. Re: 30 Hinman Road, Notice of Violation.

·         Email to Isabel Kearns, Zoning Enforcement Officer from Mr. Brian Blake, dated February 26, 2020, Received March 2, 2020. Re: 30 Hinman Road.

 

Mrs. Rawson questioned the enforcement regulations on what types of equipment, that are for commercial use, can be allowed to be kept on residential properties.

 

The Commission discussed the concern and will look further into the regulations.

 

 

 

 

PUBLIC HEARING

 

1.      9 Russell Road – B&I Application #2020-01 submitted by David Logue for a Commercial Site Plan Approval for Car Sales and Commercial Garage.

2.      9 Russell Road – B&I Application #2020-02 submitted by David Logue for a Commercial New Use Permit for Car Sales and Commercial Garage.

3.      9 Russell Road – B&I Application #2020-03 submitted by David Logue for a Commercial Special Exception Permit for Car Sales and Commercial Garage.

4.      9 Russell Road – B&I Application #2020-04 submitted by David Logue for a

Special Exception Permit Earth Excavation.

5.      9 Russell Road – B&I Application #2020-05 submitted by David Logue for a

Special Exception Permit Outside Storage.

 

The Commission formerly received the applications. At 7:15 p.m. Chairman Brinton called the public hearing to order. Roll call was taken. Chairman Brinton read the legal notice for the public hearing that was published in the New Haven Register.

 

Present to speak on behalf of this applications was Mr. Gary Capitanio, VP of Borghesi Building & Engineering. Co, Inc.

 

Chairman Brinton noted that the Commission has received the following items relative to the subject applications. Exhibit identification was assigned as noted:

 

Exhibit 1A: Letter from State of Connecticut Department of Transportation to Mr. Gary Capitano P.E., dated February 18, 2020. Re: Proposed Auto Dealership, 9 Russell Road at Amity Road (Route 63), Bethany.

Exhibit 1B: Email from Kristine Sullivan to Kimberly McClure Brinton, Commission Chairman and to Hiram Peck, Town Planner, dated February 19, 2020. Re: Proposed Development at 9 Russell Road Not Required Inland and Wetlands Permit.

Exhibit 1C: Email Comments/Responses to and from Dave Nafis, P.E.L.S., Nafis and Young Engineers, Inc., to and from Isabel Kearns, Inland and Wetlands Enforcement Officer, to and from Gary Capitanio, VP, Borghesi Building & Engineering. Co, Inc., dated February 18, 2020 - February 26, 2020. Re: Green Light Auto Proposed Development at 9 Russell Road.

Exhibit 1D: Letter from Ray Pantalone, Tree Warden to the Planning and Zoning Commission, dated February 27, 2020. Re: Review of Town Trees along Russell Road (9 Russell Road – Green Light Auto).

 

Chairman Brinton asked if anyone from the public will like to speak in favor of the application or against the applications. The following spoke:

 

v  Mr. Carlos Moran representing Green Light Auto Sales, LLC.

v  Mr. Michael Lane of 20 Johnson Road.

v  Mrs. Janice Howard of 15 Dayton Road.

v  Mrs. Kathryn Sasha of 3 Prince Drive

v  Mrs. Kathryn Sylvester of 55 Old Amity Road.

 

v  Ms. Katherine Quinn O’Shea from Fairfield.

v  Mr. Adam Lieder of 68 Hopp Brook Road.

 

At 8:02 p.m., it was moved by Harrison and seconded by Brinton to close the public hearing on the subject applications.

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

Unanimous approval.

 

OLD BUSINESS

 

1.      9 Russell Road – B&I Application #2020-01 submitted by David Logue for a Commercial Site Plan Approval for Car Sales and Commercial Garage. Tabled.

2.      9 Russell Road – B&I Application #2020-02 submitted by David Logue for a Commercial New Use Permit for Car Sales and Commercial Garage. Tabled.

3.      9 Russell Road – B&I Application #2020-03 submitted by David Logue for a Commercial Special Exception Permit for Car Sales and Commercial Garage. Tabled.

4.      9 Russell Road – B&I Application #2020-04 submitted by David Logue for a

Special Exception Permit Earth Excavation. Tabled.

5.      9 Russell Road – B&I Application #2020-05 submitted by David Logue for a

Special Exception Permit Outside Storage. Tabled.

6.       Draft Zoning Regulations – Public hearing re-scheduling. Tabled.

 

ZONING ENFORCEMENT OFFICER’S REPORT

Isabel Kearns, ZEO, submitted the following reports:

·         Building Permits, dated February 4, 2020 to February 26, 2020.

·         Site Visits, dated February 5, 2020 to February 28, 2020.

 

OTHER BUSINESS

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Harrison and seconded by Shea to adjourn the regular meeting at 8:45 p.m.

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

Unanimous approval.

 

Respectfully submitted,

 

 

Lina V. Frazer, Clerk

For the Planning and Zoning Commission