The regular meeting of the Planning and Zoning Commission
was called to order at 7:05 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 Sullivan, Vice-Chair
Michael Calhoun, Member and
Secretary
Donna Shea, Member
Brad Buchta. Alternate Member
Carol
Lambiase, Alternate Member, seated as a voting member
Eric
McDonald, Alternate Member
The
following Commission Member was absent:
Doug Goldner, Member
Also present were:
Hiram
Peck, Planning Consultant
Isabel
Kearns, Zoning Enforcement Officer
Kevin
McSherry, Town Attorney
APPROVAL OF MINUTES
It
was moved by Calhoun and seconded by Lambiase to approve the minutes of the
April 24, 2017, Special Meeting with the following amendment:
Bold title – Change from Regular meeting to
Special meeting.
Voting for: Brinton, Sullivan, Calhoun, Shea, Lambiase.
Unanimous
approval.
It
was moved by Calhoun and seconded by Shea to approve the minutes of the May 10,
2017, Special Meeting with the following amendments:
Page 4 – third paragraph – sixth bullet – second
sentence – Reads “There is change regarding fencing – 4 feet high around the
fields to keep cars off and an increase net size along Amity Road and 49 feet
net to keep balls out of the road.” Change to “There is a change regarding fencing – 4 feet high around the fields to keep
cars of and an increased net size
along Amity Road and 40 feet net to
keep balls out of the road.”
Voting for: Brinton, Sullivan, Calhoun, Shea, Lambiase.
Unanimous approval.
BILLS
It was moved by Sullivan and seconded by Calhoun to
approve the payment of $1,200.00 (monthly pro rata basis), for services
rendered for May 2017, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Brinton, Sullivan, Calhoun, Shea, Lambiase.
Unanimous approval.
It was moved by Calhoun and seconded by Sullivan to
approve the payment of a bill for $125.00, dated for June 7, 2017, from Anne
Sohon for recording services for the public hearing (41 Marion Road).
Voting for: Brinton, Sullivan, Calhoun, Shea, Lambiase.
Unanimous approval.
GENERAL CORRESPONDENCE
Letter from Isabel Kearns, ZEO, to 667 Amity Road, LLC
(soccer club), dated May 5, 2017, Re:
Cease and Desist Order for 667 Amity Road, rock crushing.
Letter from Isabel Kearns, ZEO, to Susan Purcell of 314
Down Road, dated May 9, 2017, Re: Notice
of Violation, discarded debris located at 317 Downs Road.
Letter from Isabel Kearns, ZEO, to 667 Amity Road, LLC
(soccer club), dated May 16, 2017, Re:
Release of Cease and Desist Order, dated May 5, 2017, crusher removed
from 667 Amity Road.
PUBLICATIONS
AND WORKSHOPS
Connecticut
Federation of Planning and Zoning Agencies, Quarterly Newsletter, Spring 2017.
PUBLIC
HEARING CONTINUATION
At 7:16 p.m., Chair Brinton called the public hearing to
order. Roll call was taken. Chair Brinton read the legal notice for the
public hearing.
Present to speak on behalf of the
application was Mary Isbell, applicant and owner of record
Ms. Isbell noted in discussion:
Bought home in 2015 with husband, just had a
baby, and her mother will be moving in.
Deck existed and will be using for the addition.
No larger footprint on the house.
Chair Brinton asked if anyone from
the public would like to speak in favor of the application or against the
application. There were no comments.
Hiram Peck, Planning Consultant,
stated an affidavit renewing the accessory apartment yearly is required and if
the house if ever sold, the new buyer will have to notify the Town.
At 7:25 p.m., it was moved by Sullivan
and seconded by Calhoun to close the
public hearing on the subject application.
Unanimous
approval.
NEW BUSINESS
162 FALLS
ROAD, Application #2017-006 submitted by Elizabeth H. Evans for a Home
Occupation Permit – Consultant (biologist/soil scientist) –
The Commission formally received the application. Present to speak on behalf of the application
was Beth Evans, applicant and owner of record.
Ms. Evans noted in discussion:
Will be moving business from Amity Road to
home. Will be putting office at Amity
Road on the market.
Will put office in basement of home.
Very rare that she gets clients, she is mostly
in field working.
There will be no parking on road.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members reviewed and proceeded to
deliberate. It was moved by Calhoun and seconded by Sullivan to approve the following
resolution for Application #2017-006:
Whereas, Beth Evans,
applicant, applied to the Planning and Zoning Commission on June 7, 2017 for a
Home Occupation Permit to operate Evans Associates Environmental Consulting,
Inc. from the basement of her home located at 162 Falls Road;
Whereas, the
Commission at its regular meeting of June 7, 2017 considered the statement of
use, narrative, testimony and other pertinent application information relating
to this Home Occupation Application;
Now Therefore,
the Commission makes the following findings of fact and decision regarding this
application:
Lynn Fox, Quinnipiack Valley Health District
Representative, signed off on the back of the application form on May 26, 2017,
indicating her approval.
Rod White, Fire Marshal, signed off on the back of the
application form indicating his approval on May 31, 2017.
The Commission received a letter dated May 30, 2017,
from Ronald Walters, representative of the South Central Connecticut Regional
Water Authority, in which he states he has no comment.
Now Therefore Be It
Resolved, that pursuant to Section 4.3.E.4.b. of the Town of Bethany Zoning
Regulations, amended to October 30, 2015, the Bethany Planning and Zoning
Commission approves the application of Beth Evans for a Home Occupation Permit
to operate Evans Associates Environmental Consulting, Inc. from the basement of
her home located at 162 Falls Road, as per the testimony at the June 7, 2017
Regular Meeting and as outlined in the Statement of Use dated May 31, 2017.
Vote: 5 to 0.
Voting for: Brinton, Sullivan, Calhoun, Shea, Lambiase.
Unanimous
approval.
300 BEAR HILL
ROAD (BVFD Hinman Station), Application #2017-007 submitted by Pyramid to
install a 100-foot monopole radio antenna for public safety –
The Commission formally received the application.
Member Sullivan recused himself from acting on this
application and spoke on behalf of the Bethany Volunteer Fire Department. Member Sullivan stated this application is
one of three sites for larger antennas to give maximum coverage in the area for
public safety. The new antenna will be
located in same area as old antenna in the southeast corner of property.
Town Attorney Kevin McSherry stated this antenna is designed
to be most effective for Bethany and will give good coverage.
It was moved by Calhoun and seconded by Shea to schedule a
public hearing date at the next Regular Meeting on Wednesday, July 5, 2017, at
7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall.
Unanimous
approval.
667-687 AMITY
ROAD (Soccer Club), submitted by John Garcia, revised drawings and update
–
Present for this discussion was John Paul Garcia, P.E./L.S.
and A.J. Grasso, builder. Mr. Garcia
submitted the following revised plans with a letter explaining the changes
dated June 5, 2017:
“Stormwater Management and Layout Plan”, dated
February 3, 2016, revised to May 31, 2017.
“Lighting and Landscaping Plan”, dated February
3, 2016, revised to May 31, 2017.
Mr. Garcia noted in discussion:
Moving building footing over a little due to
bank building.
Adding fencing.
Hauling fill off site, no crushing.
No change in lighting. No field lighting; only in parking lot.
The Commission had some concerns with the fencing and
netting. Mr. Garcia will submit
photographs of similar facilities with fencing and netting. Mr. Garcia will also submit the landscaping
plan for in front of the building.
Tabled.
OLD BUSINESS
41 MARION
ROAD, Application #2017-005 submitted by Mary Isbell for a Special Exception
Permit for an Accessory Apartment –
Isabel Kearns, ZEO, prepared a draft resolution. Commission members reviewed and proceeded to
deliberate. It was moved by Sullivan and seconded by Calhoun to approve the following
resolution for Application #2017-005:
Whereas, Mary
Isbell and Devin Vargo, owners of 41 Marion Road, applied to the Commission on
May 3, 2017, for a Special Exception Permit for a 576 square foot accessory
apartment to be located within an new addition of the existing home located at
property known as 41 Marion Road;
Whereas, the Planning and Zoning Commission opened a
public hearing on Application #2017-005 for a Special Exception Permit for an
accessory apartment located at 41 Marion Road at their regular meeting of June
7, 2017. Said hearing was closed at the
conclusion of testimony that same evening;
Now therefore, the Planning and Zoning Commission
makes the following findings of fact and decisions regarding the application:
- Lynn
Fox, Quinnipiack Valley Health District Representative, signed off on the
back of the application form on May 31, 2017, indicating her
approval. Permit #1914 had been
previously issued for this use.
- The
Commission received a letter dated June 7, 2017, from Ron Walters, South
Central Connecticut Regional Water Authority Representative, in which he
states he has no comments.
- Roderick
White, Fire Marshal, signed off on the back of the application form on May
31, 2017 indicating his approval.
- The
application and Statement of Use dated January 6, 2017, demonstrates that
the proposed accessory apartment would contain only 576 square feet of
living space, and the Town of Bethany Zoning Regulations allow a maximum
of 700 square feet of living space.
Now Therefore Be It Resolved, that pursuant to
Section 4.4.J. of the Bethany Zoning Regulations, amended to October 30, 2015,
the Bethany Planning and Zoning Commission approves the application of Mary
Isbell and Devin Vargo for a Special Exception Permit for a 576 square foot
accessory apartment (#2017-005) as shown on the floor plan dated May 20, 2017,
and as per the statement of use dated May 20, 2017;
And with the following conditions:
The owner of the property shall provide to the
Commission an annual affidavit, due prior to occupancy of the apartment and
during the month of January each year, to the effect that the accessory
apartment continues to be in full compliance with Section 4.4.J. of the Bethany
Zoning Regulations.
A building permit for the accessory apartment must be
submitted and approved by the building official prior to the continuance of
construction.
Vote: 5 to 0.
Voting for: Brinton, Sullivan, Calhoun, Shea, Lambiase.
Unanimous
approval.
755 AMITY
ROAD (Airport property), Application #2017-004 submitted by Town of Bethany for
a sign permit (hangar) –
Hiram Peck, Planning Consultant, prepared a report on the
signage at the airport in an email dated June 5, 2017. Mr. Peck reviewed with the Commission.
Kevin McSherry, Town Attorney, suggested he will speak to
the Board of Selectmen on the sign issue.
Hiram Peck, Planning Consultant, stated the proposed sign is
very close to the original sign and hangar.
Commission members discussed and proceeded to
deliberate. It was moved by Sullivan and seconded by Lambiase to approve Application
#2017-004 submitted by the Town of Bethany for affixed signage on the hangar
building as per testimony and as shown on the plan submitted on March
13, 2017. This application is approved
specifically without regard to the freestanding signage at the Airport
Property, which Staff will continue to work on.
Vote: 5 to 0.
Voting for: Brinton, Sullivan, Calhoun, Shea, Lambiase.
Unanimous
approval.
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, submitted a revised draft
of Sign Regulations dated April 22, 2017.
Mr. Peck asked Commission members for guidance as to what they would
like for Section 7.3.1. in regard to lighted signs. Commission members discussed the proposed
regulation and made suggestions. Mr.
Peck will restructure the proposed regulations with the comments from the
Commission.
Tabled.
Discussion
regarding accessory apartments –Tabled.
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, submitted report on Building Permits, dated June 6,
2017, and Site Inspections.
OTHER BUSINESS
Member Calhoun stated the South Central Regional
Planning Commission is working on the Conservation & Development Plan and
there is a questionnaire for Commission members that he will email to clerk.
The Commission commended Member Sullivan, who is
leaving the Commission, for all his valuable contributions to the Commission.
Chair Brinton mentioned she spoke with Bruce
Loomis of the Conservation Commission and a joint conversation with the
Conservation Commission will be added to the agenda for the July 5, 2017
Regular Meeting.
ADJOURNMENT
It was moved by
Calhoun and seconded by Shea to adjourn the regular meeting at 9:00 p.m.
Voting for: Brinton, Sullivan, Calhoun, Shea, Lambiase.
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
