Friday, August 4, 2017


MINUTES OF THE BETHANY ZONING BOARD OF APPEALS SPECIAL
MEETING OF MONDAY, JU
 
The Special Meeting of the Zoning Board of Appeals was called to order at 7:01 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
 
The following Board Members were present:
Shirley Lasch-Gobilirsch, Chair
Thomas Magda, Vice-Chairman
Thomas Mabry, Member/Secretary
Nick Poulmas, Member
Rob Huxley, Alternate Member, seated as a voting member
April Stirling, Alternate Member
Mark Stricker, Alternate Member
 
The following Board Member was absent:
            Margaret Foley, Member
 
Also present was:  Isabel Kearns, Zoning Enforcement Officer
                               Kevin McSherry, Town Attorney
  
 
ELECTION OF OFFICERS
 
1.      It was moved by Mabry and seconded by Magda to nominate Shirley Lasch-Gobilirsch as Chair of the Zoning Board of Appeals.
Unanimous approval.
 
2.      It was moved by Huxley and seconded by Mabry to close nominations and elect Shirley Lasch-Gobilirsch as Chair of the Zoning Board of Appeals.
Unanimous approval.
 
3.      It was moved by Huxley and seconded by Poulmas to nominate Thomas Magda as Vice-Chairman of the Zoning Board of Appeals.
Unanimous approval.
 
4.      It was moved by Huxley and seconded by Poulmas to close nominations and elect Thomas Magda as Vice-Chairman of the Zoning Board of Appeals.
Unanimous approval.
 
5.      It was moved by Huxley and seconded by Poulmas to nominate Thomas Mabry as Secretary of the Zoning Board of Appeals.
Unanimous approval.
 
6.      It was moved by Huxley and seconded by Poulmas to close nominations and elect Thomas Mabry as Secretary of the Zoning Board of Appeals.
Unanimous approval.
 
 
 
 

MINUTES

 
It was moved by Poulmas and seconded by Huxley to approve, as submitted, the minutes of the May 8, 2017, Regular Meeting.
Voting for:  Lasch-Gobilirsch, Mabry, Poulmas, Huxley.
Abstained was:  Magda
Unanimous approval.
 
 
BILL
 
It was moved by Magda and seconded by Mabry to approve the payment of a bill for $125.00, dated July 31, 2017, from Anne Sohon for recording services for the public hearing (300 Bear Hill Road, Hinman Station).
Voting for:  Lasch-Gobilirsch, Magda, Mabry, Poulmas, Huxley.
Unanimous approval.
 
 
CORRESPONDENCE RECEIVED:
A.      Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2017.
 
 
PUBLIC HEARING – 300 BEAR HILL ROAD – HINMAN STATION
 
At 7:10 p.m., Chair Lasch-Gobilirsch opened the public hearing in regard to the application submitted by Bethany Volunteer Fire Department for property located at 300 Bear Hill Road – Hinman Station seeking a variance of Section 22.7.A of the Bethany zoning Regulations for a 10-foot variance of the maximum height requirement for a monopole tower to allow a 110-foot monopole radio antenna tower.
 
Roll call was taken.  Chair Lasch-Gobilirsch read the legal notice for the public hearing.                . 
It was noted that all members visited the subject property.
 
Chair Lasch-Gobilirsch noted that the Board received the following items relative to the subject application.  Exhibit identification was assigned as noted:
1)      Exhibit 1A  Legal notice that was published in the New Haven Register on July 20, 2017 and July 27, 2017.
2)      Exhibit 1B – Certificate of mailing to surrounding property owners within 100 feet notifying them of proposed application, dated July 13, 2017.
3)      Exhibit 1C – Application and all materials submitted with the application on July 11, 2017.
 
 
 
 
 
Present for this application was John Paul Garcia, P.E./L.S. representing the Bethany Volunteer Fire Department.  Also present to speak was Bob McSherry, Past Chief for the Fire Department.
 
Mr. Garcia noted in discussion the following:
·         Going through the Town of Bethany to upgrade radio coverage for safety.
·         Existing monopole at Hinman Station only 50 feet tall.
·         There will be a new foundation and a new building.
·         Designer of proposed tower recommended this design and where it should be installed to function properly.
·         This is a life safety issue.
 
Chair Lasch-Gobilirsch asked if anyone from the public would like to speak in favor of the application.   The following individuals spoke:
·         Clark Hurlburt of 176 Beacon Road, Bethany – Mr. Hurlburt stated he is representing the Board of Selectmen and Board of Finance and that both Boards consent to this vital proposal.
·         Bob McSherry, Past Fire Chief of 12 Olde Country Road, Woodbridge – Mr. McSherry stated researched various heights and locations for this tower and this location is the best one.  A monopole tower is barely noticeable.  The 10’ by 10’ building will be surrounded by arborvitaes.  Would like to keep a good relationship with the neighbors.
·         Ken Young of 285 Bear Hill Road, Bethany – Mr. Young stated he is a big fan of the fire station and lives across the street.  He had a question on health concerns and a question on the durability of the tower.  He stated he fully supports the project.
·         Gary MacNamara of 287 Bear Hill Road, Bethany – Mr. MacNamara stated he fully supports this much needed radio tower.
 
Chair Lasch-Gobilirsch asked if anyone from the public would like to speak in opposition of the application.   There were no comments.
                                              .
Some items noted by Board members were:
·         This location will be for both transmitting and receiving.
·         Time frame of this project will be approximately up and running in November.
 
At 7:20 p.m., it was moved by Magda and seconded by Huxley to close the public hearing.                          
Unanimous approval.
 
 
 
 
 
 
 
 
 
 
 
 
DELIBERATION AND DECISION MAKING SESSION
 
300 Bear Hill Road – Hinman Station
 
Board members discussed the application and proceeded to deliberate.
 
It was moved by Magda and seconded by Huxley that the Bethany Zoning Board of Appeals grants the application of the Bethany Volunteer Fire Department for the property located at 300 Bear Hill Road/Hinman Fire Station as shown on Assessor’s Map #107, Lot 1B for a variance of Section 22.7.A. of the Bethany Zoning Regulations for a 10-foot variance of the maximum height requirement for a monopole tower to allow a 110-foot monopole radio antenna tower.
 
Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings:
1)      In granting the variance, substantial justice will be done, and the public safety and welfare will be secured.
Voting for:  Lasch-Gobilirsch, Magda, Mabry, Poulmas, Huxley.
Vote 5 in favor to 0.
Unanimous approval.
 
 

ADJOURNMENT

 
There being no further business to come before the Commission, it was moved by Poulmas and seconded by Huxley to adjourn the regular meeting at 7:31 p.m.  Unanimous approval.
 
Respectfully submitted,
 
 
 
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
LY 31, 2017                                         Page 1 of 4          


Minutes of the Bethany Cemetery Commission
Special Meeting on May 8, 2017
 
A regular meeting of the Bethany Cemetery Commission was held in the Selectmen’s Meeting Room of the Bethany Town Hall on Monday, May 8, 2017.  In attendance were: Steven Thornquist, Carol Goldberg, Mary Ehrler and Kris Sullivan, Chairman.  Will Brinton was excused.  There are two vacancies on the Commission.
 
The meeting was called to order at 7:30 p.m. by the Chairman when a quorum of members was present.
 
Approval of Minutes
The draft minutes of the Commission’s regular meeting on April 17, 2017 were not yet available for action.
 
Carrington Cemetery Map
A Records research into the plots that were sold, what deeds have been issued will continue.
 
Rules and Regulations
The majority of the meeting was devoted to continued review of the draft Rules and Regulations as well as the draft Bylaws that compiled by Carol Goldberg.  Based on the changes made this evening, re-revised drafts of those documents will be distributed for review at the Commission’s next regular meeting.
 
Adjournment
            There being no further business to come before the Commission, it was moved by Ehrler and seconded by Thornquist to adjourn the special meeting at 9:30 p.m.
Unanimous approval.
 
Respectfully Submitted,
 
 
Kristine Sullivan, Chairman          
 
Draft



MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDA
The regular meeting of the Inland Wetlands Commission was called to order at 7:33 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
 
The following members of the Commission were present:
         Kristine Sullivan, Vice-Chair, Acting as Chair
         Roger Hathaway, Member
         Brian Smith, Member
         Rob Huxley, Alternate Member, seated as voting member
 
The following member of the Commission was absent:
         Nancy Scanlon, Member
 
 
NEW BUSINESS 
 
  1. 667 Amity Road, submitted by John Paul Garcia, Re:  Referral to PZC for application for the temporary siting and use of crusher to process ledge rock
 
Present for this discussion was John Paul Garcia, P.E./L.S., representing the owner, Matt Micros.
 
Mr. Garcia noted in discussion:
  • There is a large amount of ledge on property and owner would like to crush.
  • Material crushed will not leave the site and will be used for underlay for driveway.
 
Commission members discussed and proceeded to deliberate.  It was moved by Smith and seconded by Huxley that the Commission has reviewed the proposal for the site crushing submitted by 667 Amity Road LLC for the property located at 667 Amity Road.  The Inland Wetlands Commission has determined that no Inland Wetlands Commission action is required for the proposed activity, as long as the proposed activity is completed as in accordance with the plans submitted entitled “Site Development Plan”, revised to June 6, 2017, and “Erosion and Sediment Control Plan and Typical Details”, revised to June 6, 2017 and that all materials will be used on site from the rock crushing.  Also, it is to be noted that the owner shall have a water truck on site for dust control and there is a need for more of an anti-tracking pad near the road for material being tracked out to road.
Voting for:  Sullivan, Smith, Hathaway, Huxley.
Unanimous approval.
 
  1. Hoadley Road (from #160 to power lines), Application #1286 submitted by the Town of Bethany for an IW Permit to mill and pave
. 
The Commission formally received the application.  No one was present to speak on behalf of this application.
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, August 28, 2017.  Tabled.
 
 
 
  1. Woodcutters Drive (#52 and #60), Application #1287 submitted by the Town of Bethany for an IW Permit to replace catch basins and deteriorated pipe
 
The Commission formally received the application.  No one was present to speak on behalf of this application.
 
The Commission would like to visit the site
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, August 28, 2017.  Tabled.
 
 
  1. Hoadley Road (from Rt. 69 to Wooding Hill Road), Application #1288 submitted by the Town of Bethany for an IW Permit to add catch basin tops and mill and pave
 
The Commission formally received the application.  No one was present to speak on behalf of this application.
 
The Commission would like to visit the site
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, August 28, 2017.  Tabled.
 
 
  1. Brooks Road (Carmel Road to Town line), Application #1289 submitted by the Town of Bethany for an IW Permit to repair or replace one cross pipe and mill and pave
 
The Commission formally received the application.  No one was present to speak on behalf of this application.
 
The Commission would like to visit the site
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, August 28, 2017.  Tabled.
 
  1. Hilldale Road (All), Application #1290 submitted by the Town of Bethany for an IW Permit to remove and replace catch basin tops and possibly pipes and mill and pave
 
The Commission formally received the application.  No one was present to speak on behalf of this application.
 
The Commission would like to visit the site
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, August 28, 2017.  Tabled.
 
 
 
 
 
  1. (From Bear Hill Rd.) Hopp Brook Road, Hopp Brook Lane and Fatima Drive to Miller Road, Application #1291 submitted by the Town of Bethany for an IW Permit to replace one catch basin top and mill and pave
 
The Commission formally received the application.  No one was present to speak on behalf of this application.
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, August 28, 2017.  Tabled.
 
 
  1. Humiston Drive (All), Application #1292 submitted by the Town of Bethany for an IW Permit to replace all catch basins and any deteriorated pipes and reclaim and pave
 
The Commission formally received the application.  No one was present to speak on behalf of this application.
 
The Commission would like to visit the site
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, August 28, 2017.  Tabled.
 
 
  1. Mesa Drive, Application #1293 submitted by James W. Woodward for an IW Permit for a 4-Lot Subdivision.
 
This application was received after cutoff but is being received this evening and will be discussed at the next regular meeting on Monday, August 28, 2017.  Tabled.
 
 
OLD BUSINESS
 
  1. 94 Downs Road, Application #1282 submitted by Gary Martin for a modification to previous approval for a residential site development
 
Present for this application was John Paul Garcia, P.E./L.S., representing the applicant.
 
Mr. Garcia noted in discussion:
  • Commission asked for revision to plan to move outflow from the drains but Mr. Garcia stated he couldn’t get pitch because of the house location.
  • Commission had Mr. Garcia relocate the footing drain to keep away from swale on Drawing No. C-1, add erosion controls and initial and date plan.
 
 
 
 
 
 
 
 
Commission members discussed and proceeded to deliberate.  It was moved by Smith and seconded by Hathaway to approve Application #1282 submitted by Gary Martin for an IW Permit for a residential site development located at 94 Downs Road as presented in the application, testimony and in accordance with the following submitted plans prepared by John Paul Garcia, P.E./L.S., Bethany, Connecticut:
  1. “Site Development & Erosion Control Plan” dated July 7, 2016, revised to       July 24, 2017, Drawing No. C-1.
  2. “Proposed Septic Plan”, dated July 7, 2016, revised to May 24, 2017, Drawing No. C-2.
 
This permit is also subject to the standard conditions found on the Land Records, Volume 93, Page 802 and Page 803.
 
This approval is based on the fact that if the plans are followed as revised there should be no adverse impact on the onsite wetlands.
Vote 4 to 0.
Voting for:  Sullivan, Smith, Hathaway, Huxley.
Unanimous approval.
 
 
  1. Carrington Road, Application #1283 submitted by Peter Lesmerises – Connwood
    Foresters for an IW Permit for two seasonal stream crossings (timber harvest)
 
Present to speak on behalf of this application was Mr. Peter Lesmerises of Connwood Foresters.
 
Members Hathaway and Sullivan visited the site and did not see any concerns with the placement of the water crossings.
 
Commission members discussed and proceeded to deliberate.  It was moved by Hathaway and seconded by Huxley to approve Application #1283 submitted by Connwood Foresters for an Inland Wetlands Permit for two (2) seasonal stream crossings associated with a timber harvest located at Carrington Road (Connecticut Water Company property) as presented in the application, testimony and in accordance with the packet received on June 26, 2017.
 
This permit is also subject to the standard conditions found on the Land Records, Volume 93, Page 802 and Page 803.
 
This approval is based on the fact that the placement of the stream crossings should result
in no adverse impact to the wetlands during the timber harvest.
Vote 4 to 0.
Voting for:  Sullivan, Smith, Hathaway, Huxley.
Unanimous approval.
 
 
 
 
 
 
 
 
  1. 5 Pleasant Drive, Application #1284 submitted by Cedar Properties, LLC/Mary Ellen Faroni, Manager, for an IW Permit for a residential site development
 
Present to speak on behalf of this application was Mr. Russ Faroni, applicant.
 
Members Hathaway and Sullivan visited the site and recommended the level spreader be shifted to the north in small clearing with no rain garden.
 
Commission members discussed and proceeded to deliberate.  It was moved by Hathaway and seconded by Smith to approve Application #1284 submitted by Cedarwood Properties, LLC, for an IW Permit for a Residential Site Development located at 5 Pleasant Drive as presented in the application, testimony and in accordance with the following submitted plans prepared by  John Paul Garcia, P.E./L.S., Bethany, Connecticut:
  1. “Site Development Plan”, dated July 30, 2015, revised to June 6, 2017, Drawing No. C-1.
  2. “Erosion and Sediment Control Plan & Typical Details”, dated July 30, 2015, revised to June 6, 2017, Drawing No. C-2.
 
In addition, this permit is subject to the following conditions including the standard conditions found on the Land Records, Volume 93, Page 802 and Page 803:
  1. Limits of clearing shall be delineated prior to any site work.
  2. A level spreader only associated with the roof and footing drains shall be field located to the north where there is an area of clearing.
 
This approval is based on the fact that if the plans are followed as revised there should be no adverse impact to the wetlands.
Vote 4 to 0.
Voting for:  Sullivan, Smith, Hathaway, Huxley.
Unanimous approval.
 
 
  1. 11 Pleasant Drive, Application #1285 submitted by Cedar Properties, LLC/Mary Ellen Faroni, Manager, for an IW Permit for a residential site development
 
Present to speak on behalf of this application was Mr. Russ Faroni, applicant.
 
Members Hathaway and Sullivan visited the site and recommended the level spreader to the south be just a level spreader with no rain garden and that rain garden at the end of driveway must be maintained and this should be noted on the deed.
 
Commission members discussed and proceeded to deliberate.  It was moved by Brian and seconded by Hathaway to approve Application #1285 submitted by Cedarwood Properties, LLC, for an IW Permit for a Residential Site Development located at 11 Pleasant Drive as presented in the application, testimony and in accordance with the following submitted plans prepared by  John Paul Garcia, P.E./L.S., Bethany, Connecticut:
  1. “Site Development Plan”, dated May 1, 2017, revised to June 6, 2017, Drawing No. C-1.
  2. “Erosion and Sediment Control Plan & Typical Details”, dated May 1, 2017, revised to June 6, 2017, Drawing No. C-2.
     
 
In addition, this permit is subject to the following conditions including the standard conditions found on the Land Records, Volume 93, Page 802 and Page 803:
  1. Limits of clearing shall be delineated in the field prior to any site work.
  2. A level spreader/rain garden to the south will just be a level spreader.
  3. A note shall be placed on the deed that the rain garden proposed at the end of the driveway must be maintained and remain for an indefinite period unless the current homeowner submits an application to the Inland Wetlands Commission.
  4. A revised plan, Drawing No. C-2, with the specific plantings shown for the rain garden at the driveway, shall be submitted by the project engineer.
 
This approval is based on the fact that if the plans are followed as revised there should be no adverse impact to the wetlands.
Vote 4 to 0.
Voting for:  Sullivan, Smith, Hathaway, Huxley.
Unanimous approval.
 
 
  1. 74 MUNSON ROAD, Harold, Thomas and Dina Durley, Updated on Cease and Desist Order issued December 7, 2016 – IWEO to keep observing for activity.   Tabled.
 
  1. Discussion regarding Raccio Drive – Proposal from Diversified Technology Consultants  Remove from agenda.  No work being proposed.
     
  2. Discussion regarding Bethany West clearing.  (Letter from Roman Mrozinski of the
    Southwest Conservation District) Commission would like to add this to site visit.  Tabled.
     
  3. 185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn
Tabled.
 
 
APPROVAL OF MINUTES
 
  1. It was moved by Huxley and seconded by Smith to approve, as submitted, the minutes of the June 26, 2017, Regular Meeting.
    Voting for:  Sullivan, Smith, Hathaway, Huxley.
    Unanimous approval.
 
 
BILLS
 
  1. It was moved by Smith and seconded by Huxley to pay the invoice from Southwest Conservation District for the amount of $1500.00 for a Municipal Contribution – for the Budget Year of 2017 – 2018.
    Voting for:  Sullivan, Hathaway, Smith, Huxley.
    Unanimous approval.
 
 
 
 
CORRESPONDENCE
 
  1. Letter from John Paul Garcia, P.E./L.S. , dated June 30, 2017, Re:  667 Amity Road, referral to Planning and Zoning for rock crusher onsite with attached Site Development Plan, dated June 30, 2017.
  2. Letter from Isabel Kearns, IWEO, to Mr. & Mrs. William Grieger, dated July 18, 2017, Re:  Notice of Violation, 63 Sargent Drive, IW Permit #1182 Special Condition B.
  3. Copy of Town of Bethany, Stormwater Permit Information for Developers and Contractors from the Connecticut Department of Energy & Environmental Protection.
 
PUBLICATIONS
  1. Connecticut Wildlife, May/June 2017.
     
     
SCHEDULE SITE VISIT
 
The Commission scheduled a site visit for Saturday, August 5, 2017.  Members to meet at the Town Hall at 8:30 a.m.  Sites to be visited are as follows:
  • WOODCUTTERS DRIVE (#52 and #60), Application #1287 submitted by the Town of Bethany to replace catch basins and deteriorated pipe.
  • HOADLEY ROAD (FROM RT. 69 TO WOODING HILL ROAD), Application #1288 submitted by the Town of Bethany to add catch basin tops and mill and pave.
  • BROOKS ROAD (CARMEL ROAD TO TOWN LINE), Application #1289 submitted by the Town of Bethany to repair or replace one cross pipe and mill and pave.
  • HILLDALE ROAD (ALL), Application #1290 submitted by the Town of Bethany to remove and replace catch basin tops and possibly pipes and mill and pave.
  • HUMISTON DRIVE (ALL), Application #1292 submitted by the Town of Bethany to replace all catch basins and any deteriorated pipes and reclaim and pave.
  • BETHANY VETERAN’S MEMORIAL PARK LAKE, previous clearing around lake.
 
 
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Hathaway and seconded by Smith to adjourn the regular meeting at 8:35 p.m.
Voting for:  Sullivan, Hathaway, Smith, Scanlon, Huxley.
Unanimous approval.
 
Respectfully submitted,
 
 
Antonia R. Marek, Clerk
For Inland Wetlands Commission
Y, JULY 24, 2017                                                       
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