MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR VIRTUAL MEETING OF WEDNESDAY, JULY
1, 2020. Page 1 of 4
The following
Commission Members were present:
Kimberly McClure Brinton, Chair
Donna Shea, Member/Secretary
Bob Harrison, Member
Alex Hutchinson, Member
Rob White, Member
Brad Buchta, Alternate Member
Andy Zielinski, Alternate Member
The
following Commission Members were excused:
Brett Pallotto,
Alternate Member
Also present were:
Hiram Peck, Planning Consultant
Isabel Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
Voting for: Brinton, Shea, Harrison, Hutchinson,
White.
Unanimous approval.
Voting for: Brinton, Shea, Harrison, White.
Abstained Hutchinson.
BILLS
1.
It was moved by Brinton to approve the payments of
$1,200.00 (monthly pro rate basis), for services rendered for March 2020, April
2020, and May 2020 by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
GENERAL
CORRESPONDENCE
1) Letter
to Mr. Thomas Capasso, TOC, LLC., from Isabel Kearns, ZEO, dated March 5, 2020,
Re: Notice,
256 Amity Road (Assessor’s
Map 118; Lot 50).
2) Letter
to Mr. Peter Kaminski and Julianne Stach from Isabel Kearns, ZEO, dated March
26, 2020, Re: Notice, 41 Green Hill Road (Assessor’s Map 113; Lot 28-10).
3) Letter
to Robert DeFeo from Isabel Kearns, ZEO, dated April 6, 2020, Re: Cease
and Desist Order, 15 Clay Road (Assessor’s Map 107; Lot 80).
4) Letter
to Mr. & Mrs. Stanley Haze from Isabel Kearns, ZEO, dated May 6, 2020, Re: Notice of Zoning Inquiry, 413 Downs Road (Assessor’s Map 130; Lot 10).
5) Notice
to the Town of Bethany from the Town of Hamden, dated May 11, 2020, Re: Town
of Hamden Application to Amend the Zoning Regulations – COVID -19 Temporary
Signs.
6) Letter
to Stanley Haze from Isabel Kearns, ZEO, dated May 15, 2020, Re: Second
Notice of Zoning Inquiry, 413 Downs Road (Assessor’s Map 130; Lot 10).
7) Letter
to Christine Mead from Isabel Kearns, ZEO, dated June 1, 2020, Re: Notice
of Violation, 32 Hatfield Hill Road (Assessor’s Map 125; Lot 14).
8) Letter
to MCR Trading, 46 Industrial Avenue, Fairview, NJ 07022 from Isabel Kearns,
ZEO, dated June 8, 2020, Re: Notice of Violation, 136 Amity Road (Assessor’s Map 119; Lot 6).
9) Letter
to Mr. Steven A. Duke from Isabel Kearns, ZEO, dated June 8, 2020, Re: Notice
of Violation, 369 Bethmour Road (Assessor’s
Map 107; Lot 27-1).
10) Letter
to Tara Aksoy from Isabel Kearns, ZEO, dated June 18, 2020, Re: Notice
of Violation, 60 Rainbow Road (Assessor’s
Map 112; Lot 15).
11) Letter
to Christine Mead from Isabel Kearns, ZEO, dated June 23, 2020, Re: Notice
of Violation, 32 Hatfield Hill Road (Assessor’s Map 125; Lot 14).
NEW BUSINESS
1.
81 Litchfield Turnpike – Discussion
regarding Home Office/Gym.
The Zoning
Enforcement Officer formerly addresses to the Commission and related that the
property owners are seeking a home office/gym, and bathroom built for
residential use, and requested the commission members for a consensus, to allow
the owners to proceed with the application. The commission agreed with the
following conditions:
·
Make assure that all approvals and conditions
are met in conformance to QVHD.
·
Also, to assure that the Planning, Zoning, and
Building Regulations are met in conformance to the regulations.
2.
33 Old Amity Road – Possible Revision to
the Approval Conditions - TABLED
The Commission addressed the
possible revisions to the approval conditions, regarding the significant
changes that are being made to the site and look into a possible revisions and
modifications to the conditions addressed in the “Special Exception Permit for
Outside Storage” volume 204, page 0382, page 0383, page 0384, and page 0385,
date of approval issued on March 11, 2016, in relation to the fence.
·
Hiram Peck, Town Planner, had visited the site
and indicated that the original fence required to go along the west site does
not screen anything and his suggestion is to leave the trees and vegetation in
that area, and to install a fence in the southern area, which goes along the
Teddy B’s side area to provide as much screening as possible.
ü The
fence along the section of the property at the northwest side did not need a
fence as the fence would do no good to screen the property as the road was
higher on that side. This is the section where the fence need not be placed.
ü
The fence should be installed along the southern
half of the Amity Roadside and along the side facing Teddy B’s matching the
existing fence or cooperating with the other property owner to get a fence that
is acceptable to both owners.
ü
I think it is safe to say that the fence which
is deleted from the northwest side of the property could be used to screen the
lower portion of the property on Old Amity Road.
·
Bob Harrison, commission member inquired about the
permit’s date of approval and for a copy, in order to address it properly, and
make an informed decision for any modifications.
3.
6 Tuttle Road – Home Occupation Permit –
Application #2020-07, submitted by Kedric Becker – to sell honey on site. Also,
roadside stand less than 100 square feet. APPROVED.
The Commission formerly received the application.
Present to speak on behalf of this application was Mr. Kedric Becker.
Comments:
·
Mr. Kedric addressed and informed the commission
that a roadside stand will be place about 12-feet in from his driveway to sell
honey.
It was moved by Harrison and
seconded by Hutchinson to approve the application # 2020-07 submitted by
Kedric Becker – to sell honey on site and place a roadside stand less than 100
square feet in from the property driveway.
Unanimous approval.
4.
756 Amity Road – B&I – Country Corner
Diner – Application #2020-06, submitted by Frank DeLucia on behalf of Syrja
Topciu – to add 20’ by 16’ with a 4-ft. extension on existing deck. - APPROVED.
The Commission formerly received the application.
Present to speak on behalf of this application was Mr. Frank DeLucia.
Comments:
·
Mr. DeLucia addressed and informed the
commission that a 4-feet extension to the existing deck is to be built toward
the back of the building to have a 6-ft / 4-ft walkway.
·
Isabel Kearns, ZEO informed the commission that
the proposed application meets all setbacks and requirements.
·
Hiram Peck, Town Planner noted that the deck
addition is planned to accommodate more outdoor dining given the current
situation, to allow the social distancing to put in place between the diners.
It is a reasonable request and conforms to current regulations.
It was moved by Harrison and
seconded by White to allow the Zoning Enforcement Officer, Isabel Kearns, to
administratively handle the approval of
the application #2020-06,
submitted by Frank DeLucia on behalf of Syrja Topciu – to add 20’ by 16’ with a
4-ft. extension on existing deck
Voting for: Brinton, Shea, Harrison, Hutchinson, White.
Unanimous approval.
1.
Draft Zoning Regulations continued – Public hearing re-scheduling. Tabled.
The Commission has received all
comments by the public and is reviewing the possible revisions to the zoning
regulations’ sections and categories that have been addressed.
·
Hiram Peck, Town Planner, has made suggestions
on the possible revisions, dated June 21, 2020, to the commission for further
review and comments.
·
Given the current COVID-19 situation, the public
will be notified on when a possible public meeting will be scheduled in the
near future.
ZONING ENFORCEMENT
OFFICER’S REPORT
OTHER BUSINESS
5.
667 Amity Road – B&I, CFC Soccer
Field – Release of Remaining Bond
Comments:
·
Hiram Peck, Town Planner, had inspected the
property on June 20, 2020 as per the owner’s request. During the inspection Mr.
Peck found several things that have not been done and no effort had not been
put into correcting anything. Mr. Peck does not recommend the release of the
bond until a future inspection can be made and issues are corrected. He
suggested that the commission members visit the site individually and to review
his email with the inspections’ notes, dated June 23, 2020, to see if it is
significant enough to hold the bond or let it be returned.
ADJOURNMENT
Voting for: Brinton, Shea,
Harrison, Hutchinson, White.
Unanimous approval.
Respectfully
submitted,
Lina V. Frazer,
Clerk
For the
Planning and Zoning Commission
