MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, APRIL 4,
2018 Page 1 of 12
The following Commission Members
were present:
Kimberly McClure Brinton, Chair
Michael Calhoun, Vice-Chair
Donna Shea, Member/Secretary
Bob Harrison, Member
Alex Hutchinson, Member
Brad
Buchta, Alternate Member
Carol
Lambiase, Alternate Member
The
following Commission Member was absent:
Eric McDonald, Alternate Member
Also present were:
Hiram
Peck, Planning Consultant
Isabel
Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
Unanimous approval.
BILLS
1.
It was moved by Calhoun and seconded by Hutchinson to
approve the payment of $1,200.00 (monthly pro rata basis), for services
rendered for March 2018, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
Unanimous approval.
Unanimous approval.
GENERAL CORRESPONDENCE
1)
Letter from Alan Shepard, P.E., of Nowakowski, O’Bymachow,
Kane & Associates, dated March 8, 2018, Re:
Silsby Estates, Appl. #2018-003, Response to letter from ZEO dated
August 3, 2017.
2)
Letter from Alan Shepard, P.E., of Nowakowski,
O’Bymachow, Kane & Associates, dated March 2, 2018, Re: Silsby Estates, Appl. #2018-003, Storm water
Management Plan.
3)
Letter from Quinnipiack Valley Health District, dated
January 12, 2018, Re: Comments on review
of Silsby Estates, Appl. #2018-003.
4)
Letter from Rod White, Fire Marshal, dated April 4,
2018, Re: Clarification of Fire Marshal
approval of commercial applications.
Commission
members discussed letter from Fire Marshal and his concern with approving an
application without proper plans. The
Commission determined that the Zoning Application form sign offs on back of
form should be modified to read “There has been a discussion with the Fire
Marshal not an approval”.
5)
Letter from Bill & Wendy Grieger, dated March 7,
2018, Re: 12 Pleasant Drive.
6)
Letter from Isabel Kearns, ZEO, to Jon Freiler owner of
160 Miller Road, dated March 6, 2018, Re:
Notice of Violation, Junkyards, 160 Miller Road.
7)
Memo from Hiram Peck, Planning Consultant, dated
February 25, 2018, Re: 68 Hopp Brook
Road.
8)
Memo from Hiram Peck, Planning Consultant, dated
December 17, 2017, Re: 68 Hopp Brook
Road.
9)
Memo from Kevin McSherry, Town Attorney, dated
April 4, 2018, Re: Nonconforming Uses.
At 7:15 p.m., Chair Brinton called the public hearing to
order. Roll call was taken. Chair Brinton read the notice for the public
hearing and reviewed the contents of the application file.
Present to speak on behalf of this application was Robert
Jones, applicant, representing the property owner Catherine Geloso.
Some items mentioned during discussion by Mr. Jones were:
·
The area to be used is a vacant area above
garage.
·
No change to outside structure.
·
Access to apartment from second floor of house
and a stairwell in garage.
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.
At 7:24 p.m., it was moved by Calhoun and seconded by Shea to
close the public hearing on the subject application.
Unanimous
approval.
NEW BUSINESS
1.
72 Downs
Road, Application #2018-002 submitted by Robert Bouvier for a Special Exception
Permit for an accessory apartment –
The Commission formally received the application. No one was present to speak on behalf of this
application.
Isabel Kearns, ZEO, recommended the
Commission schedule a public hearing. It
was moved by Harrison and seconded by Calhoun to schedule a public hearing date
of May 2, 2018, for Application #2018-002 submitted by Robert Bouvier for a
Special Exception Permit for an Accessory Apartment located at 72 Downs Road in
the Commission Meeting Room of the Bethany Town Hall.
Unanimous
approval.
2.
Mesa Drive,
Application #2018-003 submitted by James W. Woodward, Jr., for a Three-lot
Subdivision –
The Commission formally received the application. No one was present to speak on behalf of this
application.
Isabel Kearns, ZEO, recommended the Commission schedule a
public hearing. It was moved by Harrison
and seconded by Shea to schedule a public hearing date of May 2, 2018, for
Application #2018-003 submitted by James W. Woodward Jr. for a Three-Lot
Subdivision located at Mesa Drive in the Commission Meeting Room of the Bethany
Town Hall.
Unanimous
approval.
3.
215 Valley
Road, Application #2018-004 submitted by Anne Mitchell for a Home Occupation
Permit for a Naturopathic Medicine/Health Care –
The Commission formally received the application. Present to speak on behalf of this
application was Anne Mitchell, applicant and owner of record.
Some comments by the applicant were:
·
There will be no sign needed.
·
Will have one client at a time every half hour and
not more than 10 clients per day.
·
Would like to amend her application to add
business on Saturdays from 9 am to 3 pm and one afternoon during week.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members reviewed and proceeded to
deliberate. It was moved by Calhoun and seconded by Shea to approve the following
resolution for Application #2018-004:
Whereas, Margery
Anne Mitchell applied to the Planning and Zoning Commission on April 4, 2018, for a Home Occupation Permit
for a professional office for a Naturopathic Medicine and Healthcare Practice located
at 215 Valley Road;
Whereas, the
Commission at its regular meeting of April 4, 2018, considered the statement of
use, narrative, testimony and other pertinent application information relating
to this Home Occupation Permit for a professional office;
Now Therefore,
the Commission makes the following findings of fact and decision regarding this
application:
- Lynn Fox, Quinnipiack
Valley Health Department representative, signed off on the back of the
application form on March 15, 2018, indicating her approval of the
application.
- Rod White,
- The Commission received
correspondence from Ronald Walters, Representative of South Central
Connecticut Regional Water Authority, dated March 15, 2018, in which he
states he has no comment.
Now Therefore Be It
Resolved, that pursuant to Section 4.3.E.4.a. of the Town of Bethany Zoning
Regulations, amended to December 1, 2017, the Bethany Planning and Zoning
Commission approves the application of Margery Anne Mitchell for a Home
Occupation Permit to operate a professional office for a Naturopathic Medicine
and Healthcare Practice located at 215 Valley Road, as outlined in the
Statement of Use dated March 14, 2018.
Unanimous
approval.
4.
696 Amity
Road, Unit UL-4, Application #2018-005 submitted by Robert Lucky for a Change
of Use Permit for a Personal Training Studio –
The Commission formally received the application. Present to speak on behalf of this
application was Robert Lucky, applicant.
Some comments by the applicant were:
·
Will be conducting one on one personal training.
·
Will have one client at a time.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members reviewed and proceeded to
deliberate. It was moved by Harrison and seconded by Shea to approve the following
resolution for Application #2018-005:
Whereas, Robert
Lucky applied on April 4, 2018, to the Bethany Planning and Zoning Commission
for a Change of Use Permit to operate a personal training studio from Unit UL-4 located at 696 Amity Road;
Whereas, Brian
Botti, owner of Unit UL-4 located at 696 Amity Road, authorized Robert Lucky to
apply to the Planning and Zoning Commission for the Change of Use Permit in an
email dated March 26, 2018;
Whereas, the
Commission, at its regular meeting of April 4, 2018, considered the application
information, statement of use, testimony and other pertinent information
relating to a request for the Change of Use Permit to operate a personal
training studio in Unit UL-4 located at 696 Amity Road;
Whereas, the
Commission finds the subject application in essential compliance with the
applicable regulations;
Now Therefore the
Commission makes the following findings of fact:
1)
John Laudano, Quinnipiack Valley Health District
representative, signed off on the back of the application form indicating his
approval on March 26, 2018.
2)
Rod White, Fire Marshal, signed off on the back of the
application form on April 4, 2018, indicating his approval and stating see
tenant fit out process.
3)
The Commission received a letter dated April 3, 2018,
from Ronald Walters, Senior Environmental Analyst for the South Central
Connecticut Regional Water Authority, in which he states he has no comments.
Now Therefore Be It
Resolved that pursuant to Section 5.5.A. of the Bethany Zoning Regulations,
amended to December 1, 2017, the Bethany Planning and Zoning Commission
approves the Change of Use Permit to operate a personal training studio in UL-4
located at 696 Amity Road (#2018-005), as presented in the application,
statement of use, testimony and with the following conditions:
1)
A building permit for an interior fit up must be
approved by the Building Official prior to any renovations to or occupancy of
the building.
2)
The Fire Marshal must sign off prior to a certificate
of occupancy.
Unanimous
approval.
5.
205 Amity
Road, Application #2018-006 submitted by Earl Sickinger/Route 63 Associates,
LLC for a Special Exception Permit for a dwelling unit –
The Commission formally received the application. No one was present to speak on behalf of this
application.
Isabel Kearns, ZEO, recommended the Commission schedule a
public hearing. It was moved by Calhoun
and seconded by Harrison to schedule a public hearing date of May 2, 2018, for
Application #2018-006 submitted by Earl Sickinger/Route 63 Associates LLC for a
Special Exception Permit for a dwelling unit located at 205 Amity Road in the
Commission Meeting Room of the Bethany Town Hall.
Unanimous
approval.
6.
Discussion
with Dr. Gale Ridge of the Bethany “Environment” Committee to introduce
“Sustainable CT” –
Present for this discussion was Dr. Gale Ridge, member of
the Bethany Environment Committee. Dr.
Ridge would like to introduce to the Commission the program “Sustainable CT”
and possibly get Bethany to join.
Dr. Ridge presented a brief overview of the program
“Sustainable CT”. Dr. Ridge distributed
handout of a packet entitled, “Sustainable CT. Location Actions. Statewide Impact.
Hiram Peck, Planning Consultant, will compose a response to
send to the Bethany Environment Committee.
Also, Dr. Ridge briefly discussed monitoring wind turbine at
the Airport Property and placing an anemometer to do this.
Hiram Peck stated the Commission would need specifications
and a picture of the anemometer and a brief letter. Dr. Ridge would need to present this to the Board
of Selectmen with a recommendation from the Planning and Zoning Commission.
7.
Discussion
with Robert Sherwood, Landscape Architect regarding CFC Landscaping Plan, 667
Amity Road –
Present for this discussion was Robert Sherwood of Robert
Sherwood Landscape Architect LLC of Brookfield, Connecticut.
Mr. Sherwood submitted a plan entitled, “Site Section Plant
Growth, CFC Park, 667 Amity Road, Bethany, CT”, dated March 12, 2018. Commission members reviewed and
discussed.
Hiram Peck, Planning Consultant, suggested Commission
members make comments on Landscaping Plan and then comments to be forwarded to
Mr. Sherwood so he can make revisions.
Tabled.
8.
861
Litchfield Turnpike, Application #2018-007 submitted by Karl Rainey for a Home
Occupation Permit for an oil delivery business –
The Commission formally received the application. Present to speak on behalf of this
application was Karl Rainey, applicant and owner of record.
Some comments by the applicant were:
·
There will be no sign or employees.
·
There will be no truck on site except if Mr.
Rainey stops home for lunch or dinner.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members reviewed and proceeded to
deliberate. It was moved by Calhoun and seconded by Hutchinson to approve the
following resolution for Application #2018-007:
Whereas, Karl
Rainey owner of 861 Litchfield Turnpike, applied to the Planning and Zoning
Commission for a Home Occupation Permit to operate a home office for an oil
delivery business;
Whereas, the
Commission at its regular meeting of April 4, 2018, considered the statement of
use, narrative, testimony and other pertinent application information relating
to this Home Occupation application;
Whereas, the
application states that no vehicles will be parked on the property overnight;
Now Therefore,
the Commission makes the following findings of fact and decision regarding this
application:
1)
Lynn Fox, Quinnipiack Valley Health District representative,
signed off on the back of the application form on April 4, 2018, indicating her
approval.
2)
Roderick White, Fire Marshal, signed off on the back of
the application form on April 4, 2018, indicating his approval.
3)
Cindy Gaudino, Connecticut Water Company representative
sent an email dated April 4, 2018, in which she stated she has no comment.
Therefore Be It
Resolved, that pursuant to Section 4.3.E.4.b. of the Town of Bethany Zoning
Regulations, amended to December 1, 2017, the Bethany Planning and Zoning
Commission approves the Home Occupation Permit to operate a home office for an
oil delivery business located at 861 Litchfield Turnpike, as outlined in the
Statement of Use dated April 3, 2018,
And with the
following condition:
1)
There shall be
no overnight parking of vehicles associated with the business on the
property.
Unanimous
approval.
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 –
The public hearing closed on February 15, 2018.
The Commission received the following correspondence
regarding this application:
A.
Memo from Hiram Peck, Planning Consultant, dated
February 25, 2018, Re: 68 Hopp Brook
Road.
B. Memo
from Hiram Peck, Planning Consultant, dated December 17, 2017, Re: 68 Hopp Brook Road.
C. Memo
from Kevin McSherry, Town Attorney, dated April 4, 2018, Re: Nonconforming Uses.
At 8:38 p.m., Chair Brinton called a recess of the
meeting.
At 8:43 p.m., the meeting continued.
Commission members discussed and continued to
deliberate. It was moved by Harrison and seconded by Calhoun to approve the following
resolution for Application #2017-017:
The Planning and Zoning Commission
of the Town of Bethany makes the following decision regarding Application
#2017-007 submitted by Adam Lieder (Out on the Limb Tree Service LLC) for the
property located at 68 Hopp Brook Road and as outlined in the Statement of Use,
dated October 20, 2017:
The Planning and Zoning Commission
makes the finding that the proposed use is a continuation of a nonconforming
use and it is not an expansion.
A.
The Commission finds that the proposed use does NOT
qualify as a home occupation and cannot be permitted under Bethany Zoning
Regulations as such. (Too many employees and commercial equipment on the site).
B.
However, the Commission finds the proposed use
constitutes a continuation of a previously established pre-existing
nonconforming use. Based on the record and the Commission’s above findings.
C.
The Commission finds that the proposed use of parking eight
(8) pieces of commercial vehicles which include one bucket truck, two chip
trucks, one chipper, one equipment trailer, one mini-excavator, one skid steer
and one John Deere tractor constitutes a fewer number and of lesser intensity (in
terms of noise and neighborhood impact) than has been used by the previously
established commercial use of the property.
D.
The Commission has also determined that the right of
way width for Hopp Brook Road is approximately 30 feet which is wider than the
existing width of the paved travel way. It is important for all employees,
business owners and residents who may use Hopp Brook Road to drive as carefully
as possible in order to conduct themselves and their vehicles as safely as
possible at all times. The Commission wishes all to know that reports to the
contrary will be dealt with in a serious manner to the full extent of the
appropriate law.
E.
Additionally, the gates to the commercial area of the
property are to be closed as much of the time as possible so as to maintain the
residential character of the neighborhood as much as possible and to buffer
other residential uses from the commercial activity as much as possible.
F.
These are the only pieces of equipment to be stored on
the property and if any additional pieces are to be added to the property, the
applicant shall come before the Planning and Zoning Commission for permission.
G.
It would also be recommended that the owner and the
applicant shall provide the Planning and Zoning Commission and Zoning
Enforcement Officer with written promise to clean up all equipment and other
materials, including junk and other discarded metal parts and the like within one
(1) year of the date of any such approval. The site should be re-inspected by the ZEO at that time and if found out of
compliance, a zoning enforcement action, possibly including daily fines should
be considered for imposition to whoever is the property owner at that time.
H.
Photo documentation of the permitted nonconforming use by
the ZEO shall be done again at the one (1) year time period for inclusion into
the file on this matter.
Therefore: The Commission finds the proposed use to be a
legal continuation of a previously established nonconforming commercial use.
The proposed use is permitted on the site with the restrictions as noted above
based on the findings herein.
Unanimous
approval.
2.
19 Amadeo
Drive, Application #2018-001 submitted by Robert Jones 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 Calhoun and seconded by Shea to approve the following
resolution for Application #2018-001:
Whereas, Robert
Jones, applicant, applied to the Planning and Zoning Commission on February 7,
2018, for a Special Exception Permit for a 650 square foot accessory apartment
to be located above the attached garage at property known as 19 Amadeo Drive;
Whereas,
Catherine Geloso, owner of the property, authorized Robert Jones to make
application for a Special Exception accessory apartment permit in a letter
dated February 6, 2018;
Whereas, the Planning and Zoning Commission opened a public
hearing on Application #2018-001 for a Special Exception Permit for an
accessory apartment at 19 Amadeo Drive on April 4, 2018. 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:
1. The
Commission received correspondence dated March 2, 2018, from Quinnipiack Valley
Health District in which they state that they approved a proposal for a one
bedroom accessory apartment over the garage.
2. Roderick
White, Fire Marshal, signed off on the back of the application form on March 4,
2018, indicating his approval.
3. Cindy
Gaudino, representative of the Connecticut Water Company, sent an email dated
March 15, 2018, in which she states she has no comment.
4. The
application and Statement of Use dated March 5, 2018, demonstrate that the
proposed accessory apartment would contain only 650 square feet of living
space, and the Town of Bethany Zoning Regulations allows 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 December 1, 2017,
the Bethany Planning and Zoning Commission approves the application of Robert
Jones for a Special Exception Permit for a 650 square foot accessory apartment
(#2018-001) as shown on the floor plan dated February 6, 2018, by Robert Jones
and as per the statement of use dated March 5, 2018,
And with the following conditions:
1)
The owner of the property shall file a copy of the
permit on the land records in the Town of Bethany.
2)
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.
3)
A building permit for the accessory apartment must be
submitted and approved by the building official prior to any construction.
Unanimous
approval.
3.
Continue
discussion regarding Accessory Apartments and other Zoning Regulations
including Attainable Housing Regulation -
Hiram Peck, Planning Consultant, submitted a revised draft
amendment dated February 25, 2018, for Attainable Housing Overlay Zone. Mr. Peck suggested having a Special Meeting
on Wednesday, May 9, 2018, to discuss the regulation amendments.
Tabled.
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, distributed copy of report she prepared as follows:
·
Building
Permits for March.
ADJOURNMENT
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
