Tuesday, February 17, 2009

BOARD OF SELECTMEN
FEBRUARY 9, 2009
Page 1 of 2

Attendance: First Selectwoman Gorski, Selectman Walter Briggs, Selectman Steven Thornquist

Visitors: Rhoda and Patrick Geoghagan, Randy Raddatz, Linda Cohen, Brian Laubstein, Patricia Garcia, Heidi Gianquinto

First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:35 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. Check signing was the first order of business. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.

APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the January 26, 2009 meeting. The motion of approval was moved by Selectman Briggs and seconded by Selectman Thornquist. The vote was called. The vote was unanimous.

TEEN CENTER
Linda Cohen gave a presentation to the Board of Selectmen regarding events and financial status of the Amity Teen Center. Linda indicated that more Bethany students are visiting the Teen Center. The Advisory Board has applied to Woodbridge Planning and Zoning Commission for permission to allow extension of the hours of operation for the Center. The Amity Teen Center is requesting a contribution from Bethany of $5,000 for operations and an additional contribution of $1,000 for the police officer. The Board thanked Linda for her presentation. The request will be sent to the Board of Finance for budget planning purposes.

BETHANY NURSERY GROUP
Heidi Gianquinto and Patricia Garcia were present to request waiving of the fee for use of the Lakeview Lodge on March 8 for a fund raiser for the Bethany Nursery Group. After a brief discussion Selectman Thornquist moved to waive the fee for use of the Lakeview Lodge by the Bethany Nursery Group for their fund raiser of March 8, 2009. The group will be charged for the services of the custodian for that day. Selectman Briggs seconded the motion. The vote taken was unanimous.

DISPLAY CASE VETERANS MEMORIAL PARK
Selectman Thornquist moved to modify the following resolution regarding the display case for the Lakeview Lodge at Veterans Memorial Park as originally passed at the September 8, 2008 meeting of the Board of Selectmen:

RESOLVED: That the Board of Selectmen hereby adopts as its policy to support the nondiscrimination agreements and warranties required under Connecticut General Statutes §4a-60(a)(1) and §4a-60a(a)(1), as amended in State of Connecticut Public Act 07-142.

RESOLVED: That the Board of Selectmen approves the submittal of a grant application to the Office of Policy and Management in the amount of $20,000 for Installation of Permanent Display Cabinets to Exhibit Military Memorabilia.

Be it further known that Derrylyn Gorski was elected to her term of office which began on July 1, 2007 and will continue until June 30, 2009. As the First Selectman, Derrylyn Gorski serves as the Chief Executive Officer for Bethany and is duly authorized to enter into agreemnts and contracts on behalf of the Town of Bethany

Selectman Briggs seconded the resolution modification. The vote was called. The vote was unanimous.

CORRESPONDENCE
First Selectwoman Gorski has received the final inspection report for the Pine Brook Crossing Bridge from the State of Connecticut.

The Governor’s draft of the State of Connecticut budget indicates at this time that the Town of Bethany will receive $53,000 less in grant money in fiscal year2009-10.
In the past the Town of Bethany has paid 70% of the cost of the salary and expenses of the Resident Trooper. In fiscal year 2009-10 it is expected to increase to 85% of salary and expenses and in fiscal year 2010-11 the Town would pay 100% of the cost of the Resident Trooper.

OTHER
Patrick Geoghagan was present to inform the Board of Selectmen that the noise continues coming from Laticrete. The sound is not as loud and is now a roar not a banging noise. The Bethmour Road residents will be getting a letter from Laticrete setting up a meeting to discuss this matter.

Selectman Briggs announced that the Lions Club would like to do a project for the Town. It has been suggested that a standing clock be put on the front lawn area of Town Hall.

VISITORS
Brian Laubstein expressed his concern to the Board of Selectmen about departments over expending line items in their budgets.

ADJOURNMENT
Adjournment was called at 8:30 p.m. after a motion was moved by Selectman Thornquist and seconded by Selectman Briggs. The vote taken was unanimous.

Respectfully submitted,


June G. Riley
Secretary, Board of Selectmen
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSIONREGULAR MEETING OF WEDNESDAY, FEBRUARY 4, 2009


The regular meeting of the Planning and Zoning Commission was called to order at 7:34 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Commission members were present:
Sharon Huxley, Chairman
John Ford, Member
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member
Nelly Rabinowitz, Alternate Member
Donald Shea Jr., Alternate Member, who was seated as a regular member.

The following Commission member was absent:
Melissa Spear, Vice-Chairman

Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Land Use Assistant
Hiram Peck, Planning Consultant


APPROVAL OF MINUTES

1. It was moved by Winer and seconded by Shurtleff to approve, as submitted, the minutes of the January 14, 2009, Regular Meeting.
Voting were Huxley, Shurtleff, Winer, Shea, Adelberg.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Isabel Kearns, ZEO, to State of Connecticut, DEP, dated January 5, 2009, Re: Annual Report required by Section 6(i)(2) of the Permit for the Discharge of Stormwater from the Town of Bethany’s small storm sewer system.
2. Letter from QVHD to John Fanotto P.E., dated December 16, 2008, Re: Rescind and revoke previously approvals for subsurface sewage disposal system plans for Rolling Green Acres Subdivision in Bethany (Emerald Lane). Chairman Huxley stated the Planning and Zoning Commission approved Earth Removal Permits for these properties. Hiram Peck, Planning Consultant, will contact Town Attorney to inquire if any Commission action is required.
3. Letter from State of Connecticut, DEP, dated December 26, 2008, Re: Review of the Town of Bethany Local Noise Control Ordinance. Isabel Kearns, ZEO, stated she forwarded this letter to the Town Attorney.
4. Letter from SCC Regional Water Authority, dated January 12, 2009, Re: SCCRWA is a grant recipient under the State’s Open Space and Watershed Land Acquisition Program.


PUBLICATIONS AND WORKSHOPS

1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Winter 2009.
2. Connecticut Federation of Planning and Zoning Agencies, 61st Annual Conference, Thursday, March 19, 2009, Aqua Turf, Southington, Connecticut.
3. Connecticut Federation of Planning and Zoning Agencies, Length of Service Awards/Lifetime Achievement Awards.
4. Annual Meeting of the Connecticut Association of Wetland Scientist, Thursday, February 26, Mountain Ridge, Wallingford, Connecticut.
5. Clearscapes Newsletter, Winter 2009.


BILLS

1. It was moved by Shurtleff and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis) for services rendered for December 2008, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT

91 Amity Road, Laticrete – Isabel Kearns, ZEO, spoke briefly about the lighting issue at Laticrete.


NEW BUSINESS

1. Discussion with ZEO pertaining to possible new use at Freezer Hill Mulch, 845 Carrington Road – Present for this discussion were Theron Simon and Bob Carrington, owners of record. Mr. Simon presented an overview of the proposed new use of composting horse manure on their site located at 845 Carrington Road. Mr. Simon stated he spoke with the Regional Water Authority and they were fairly receptive to this new use due to the lack of waste management in the Town of Bethany. Also, Mr. Simon stated he spoke with the State of Connecticut, Department of Environmental Protection and they forwarded to him the guidelines for horse manure composting (Mr. Simon distributed copies to the Commission members). The Commission was receptive to the proposed new use and informed Mr. Simon of the permits that would be required (site plan and new business use).

2. Discussion with Mike Katzmark, BVFD Representative pertaining to revised Water Source Specifications – Present for this discussion were Mike Katzmark, BVFD Representative and Rod White, Fire Marshal. Just when Chairman Huxley called for them to discuss, the BVFD alarm went off and Mr. Katzmark and Mr. White had to respond. The clerk was asked to put this item on next month’s agenda for Wednesday, March 4, 2009. Tabled.


OLD BUSINESS

1. Discussion with Mike Okrent pertaining to Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Mr. Okrent could not be present. Tabled.

2. Town Plan Revision – Discussion and possible action – Hiram Peck, Planning Consultant, distributed a revised draft, dated February 4, 2009, to Commission members for their review. Mr. Peck recommended adding in Chapter 2, Section 1: Land Use Goals and asked the Commission if anyone has suggestions to email them to him. Mr. Peck stated at the next meeting the Commission should decide when to have a public meeting on the revised Town Plan. Tabled.

3. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.

4. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.

5. Proposed Ordinance Establishing Citation Procedures and Fines for Zoning Violations – Draft forwarded to the Board of Selectmen. Tabled.

6. Update on Halter Estates – Tabled.



It was moved by Winer and seconded by Shurtleff to adjourn the regular meeting at 8:35 p.m.
Unanimous approval.

Respectfully submitted,



Antonia Marek, Clerk
For the Planning and Zoning Commission
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION
REGULULAR MEETING OF JANUARY 26, 2009

The special meeting of the Inland Wetlands Commission was called to order at 7:40 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:
Patricia McGregor, Chairman, who arrived at 7:45 p.m.
Alexandra Breslin, Vice-Chairman, Acting Chairman until Patricia McGregor arrived.
Jack Ellison, Member
John Kane, Member
Jon Painter, Member
Kristine Sullivan, Alternate Member

Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer
Karen Walton, Land Use Assistant


APPROVAL OF MINUTES

1. It was moved by Ellison and seconded by Painter to approve, as submitted, the minutes of the January 5, 2009, Special Meeting.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Diversified Technology Consultants, dated January 13, 2009, Re: Review of Site Plan for 33 Old Amity Road, proposed Nino’s Garage.
2. Letter from Elizabeth Gorman of 169 Schaffer Road, dated January 6, 2009, Re: Conditions of approval for Application #1116 to construct detached garage located at 169 Schaffer Road.
3. Letter from SCC Regional Water Authority dated January 6, 2009, Re: Review of application for 169 Schaffer, construct detached garage.
4. Letter from QVHD to John Fanotto, P.E., dated December 16, 2008, Re: Rescind and revoke previously approvals for subsurface sewage disposal system plans for Rolling Green Acres Subdivision in Bethany (Emerald Lane).
5. Letter from SCC Regional Water Authority, dated January 12, 2009, Re: SCCRWA is a grant recipient under the State’s Open Space and Watershed Land Acquisition Program.
6. Letter from Isabel Kearns, IWEO, to State of CT, Department of Environmental Protection, dated January 5, 2009, Re: Annual Report required by Section 6(i)(2) of the Permit for the Discharge of Stormwater from the Town of Bethany’s small storm sewer system.
7. Letter from Connecticut Land Conservation Council, dated December 30, 2008, Re: Thank you for 2008 contribution.
8. Letter from Aquatic Control Technology, Inc., dated January 9, 2009, Re: Aquatic Pesticide Permit Application for Lewis Pond, Litchfield Turnpike.






PUBLICATIONS AND WORKSHOPS

1. Connecticut Federation of Lakes, CFL News, December 2008.
2. The Habitat, Fall 2008.


NEW BUSINESS

1. Old Mill Road at Sargent River, Application #1117 submitted by SCC Regional Water Authority for an IW Permit for the reconstruction of Old Mill Road Bridge over Sargent River – Present for this application was Mr. Lawrence Marcik, P.E. from the SCC Regional Water Authority. Mr. Marcik reviewed with the Commission the proposed project and stated the bridge is in poor shape and is temporarily closed for vehicle traffic. Also, Mr. Marcik stated the RWA wants to maintain a rustic view of the new bridge.

The following public people commented:
a) Patsy Winer owner of 7 Carrington Road – Questioned the proposed riprap.
b) Ken Martin, Chairman of the Conservation Commission – Questioned the width of the new bridge.

The Commission discussed and scheduled a public hearing date due to the significant activity. The public hearing is scheduled at the next regular meeting of Monday, February 23, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall.

The Commission scheduled a special meeting/site visit for Sunday, February 8, 2009, at 1:00 p.m. Commission members to meet at the site.
Tabled.


OLD BUSINESS

1. 33 Old Amity Road, Application #1115 submitted by Joseph Dellaselva (Nino Performance) for an Inland Wetlands Permit to construct an automobile service center - No one was present for this application. Isabel Kearns, IWEO, stated the proposed septic system is being reviewed by the State of Connecticut, Department of Public Health and Mr. John Garcia is working with them to resolve any discrepancies. Tabled.

2. 268 Wooding Hill Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Desist Order issued to Mr. and Mrs. Bruce Hitchcock of 268 Wooding Hill Road, dated October 5, 2007 – See Item 3. Tabled.
3. 270 Wooding Hill Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Desist Order issued to William Palmieri and Kathryn Sylvester of 270 Wooding Hill Road, dated October 5, 2007 – Isabel Kearns, Inland Wetlands Enforcement Agent, stated the project has not been completed at this time. Tabled.

4. 185 Fairwood Road, Reconvene “Show Cause” Hearing pertaining to the Cease & Restore Order Issued to William Grieger, dated May 1, 2007 – No one was present. Tabled.


5. 185 Beacon Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Restore Order Issued to Daniel Cusano, dated June 20, 2006 – No one was present. Tabled.

6. 27 Hamilton Drive, Reconvene “Show Cause” Hearing pertaining to the order to Cease Activity Issued to Daniel Dinas and Angela Cunha, dated May 9, 2006 – No one was present. Tabled.

7. Continue review and adoption process for the new Inland Wetlands Regulations (Adopt new Inland Wetlands Regulations at the same time as proposed Stormwater Regulations.) – Commission scheduled a special meeting for Monday, February 9, 2009, at 7:30 p.m. to discuss and take possible action on the proposed regulations. Clerk will find a location to hold the meeting. Tabled.

WETLANDS ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

The following sites were inspected to determine whether IWC action is required for the proposed activities:
1) 56 Sperry Road No IWC Action Required

The following sites were inspected for permit compliance during construction:
1) 161 Falls Road Re-Inspection Required
2) 674 Amity Road Re-Inspection Required
3) 274 Amity Road Re-Inspection Required
4) 48 Clay Road Re-Inspection Required


93 Peck Road – Mr. Peter Verab, owner of record, stated he would like to plant Christmas trees on his property. Mr. Verab stated he spoke with the Bethany Tree Warden and Mr. Pantelone would like a 50-foot buffer zone. The Commission discussed and determined this proposed project is an as of right operation per Section 4.1 of the Bethany Inland Wetlands and Watercourse Regulations and therefore, there is no Commission action.


It was moved by Kane and seconded by Breslin to accept and approve the proposed Inland Wetlands Commission Regular Meeting Schedule for 2009 prepared by the Clerk.
Unanimous approval.


It was moved by Kane and seconded by Breslin to adjourn the regular meeting at 9:23 p.m.
Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk