Wednesday, March 25, 2009

Bethany Conservation Commission
Agenda for Regular Meeting
Thursday, March 26, 2009
8 P.M. in the Commission Room



1. Administrative Activity:
a. Commission minutes;
b. Correspondence;
c. Invoices;
d. Minutes of other commissions;
e. New member?
2. Possible open space purchase (executive session)
a. Review site walk.
3. Schedule site inspection – 523 Carrington Rd
4. Review meetings scheduled for April:
a. NEMO class – Mon, 4/6;
b. Joint meeting with P&Z – Wed., 4/15;
c. Conservation Commission – Thurs., 4/9 & 4/23.





Kenneth W. Martin
Chairman
BOARD OF SELECTMEN
MARCH 23, 2009
Page 1 of 2


Attendance: First Selectwoman Derrylyn Gorski, Selectman Walter Briggs
Selectman Steven Thornquest was absent from this meeting

Visitors: Donald Shea, Salvatore Amadeo

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. The first order of business was check signing. 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 meeting of March 9, 2009. Motion of approval moved by Selectman Briggs and seconded by First Selectwoman Gorski. The minutes were then approved on a unanimous vote.

MEMORANDUM OF UNDERSTANDING STATE MUNICIPAL GRANT PROGRAM
Selectman Briggs moved the following Memorandum of Understanding for the State Municipal Grant Program for the Greater New Haven Transit District-Regional Rides Service.

The Greater New Haven Transit District (GNHTD) and the Town of Bethany agree that the Municipal Grant (13b-38bb) funds allocated to the transportation program known in the New Haven Region as the Regional Rides Program will be added to all funds received from other participating municipalities and that these funds will be used to provide regional transportation services to eligible residents in the participating municipalities.

This Memorandum of Understanding acknowledges that a regional service by its very nature may create instances whereby specific expenditures may not always exactly match specific amounts of funding that each municipality has passed through to fund this program.

GNHTD agrees to continue its practice of meeting on a regular basis with representatives from each of the participant municipalities in order to review the current status of expenditure of funds and distribution of trips.

First Selectwoman Gorski seconded the motion. The vote taken was unanimous.

ADDITIONS TO AGENDA
Selectman Briggs moved to add to the agenda of this meeting the following:

Approval of bus fuel deliver to B & B Transportation

Tax Refunds

First Selectwoman Gorski seconded the motion. The vote taken was unanimous.

B & B BUS FUEL DELIVERY
B & B Transportation at the previous meeting of the Board of Selectmen had requested delivery of school bus fuel to their location rather than the Town Garage, to both save time and fuel for them. First Selectwoman Gorski had discussed this matter with the Board of Finance at their meeting. All members had agreed with the concept. She also discussed it with Town Counsel and the First Selectman of Orange. They also agreed this should not be a problem.

TAX REFUNDS
Selectman Briggs moved to refund to Chris Schultz the sum of $34.00, to Konica Copier the sum of $231.52, to Bruce Hescock the sum of $519.74, to Dominic Rendero the sum of $43.54, to Honda Lease the sum of $260.20, to Marcel Lamy the sum of $14.31, to Milford Bank the sum of $2,447, to Taro, LLC the sum of $144.57 and to VW Leasing the sum of $112.34 all for overpayment of taxes. First Selectwoman Gorski seconded the motion. The vote taken was unanimous.

ADJOURNMENT
Adjournment was called at 7:45 p.m. after a motion was moved by Selectman Briggs and seconded by First Selectwoman Gorski.


Respectfully submitted,


June G. Riley
Secretary, Board of Selectmen
SPECIAL MEETING OF THE DISTRICT ANIMAL CONTROL
BOARD OF DIRECTORS

WEDNESDAY, MARCH 25, 2009 AT 5:30 P.M.
WOODBRIDGE TOWN HALL
LITTLE BOARD ROOM



Pre-termination Hearing
Employee to determine whether session will be a public or private hearing.
Possible Executive Session
Vote to follow
MINUTES OF THE BETHANY ZONING BOARD OF APPEALS
REGULAR MEETING OF MONDAY, MARCH 9, 2009 Page 1 of 3

The regular meeting of the Zoning Board of Appeals was called to order at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Board members were present:
Carol Goldberg, Chair
Arnold Sabatelli, Vice-Chair
David Forman, Member
Steven Massey, Member
Ruth Beardsley, Alternate Member
James Foley, Alternate Member
Brian Sackett, Alternate Member, seated as a regular member.

The following Board member was absent:
Rudolph Beckert, Jr., Member

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


MINUTES

It was moved by Sabatelli and seconded by Beardsley to approve, as submitted, the minutes of the February 9, 2009, regular meeting.
Unanimous approval.


BILLS

1. It was moved by Beardsley and seconded by Sackett to approve the payment of a bill for $95.00, dated March 9, 2009, from Anne Sohon (Court Stenographer) for recording services for public hearing (80 Litchfield Turnpike).
Unanimous approval.


DELIBERATION & DECISION MAKING SESSION

Board members proceeded to discuss the application submitted by Robert D. Hartman for property located at 80 Litchfield Turnpike (Double H Farm LLC) for a 1.4 percent increase of the “total ground coverage” to allow 16.4 percent of ground coverage; for a 3.1 increase of the “total building coverage” to allow 13.1 percent of building coverage; for a 6.2 foot variance of the front yard setback to allow a 93.8 foot front yard setback; and for a 60.3 foot variance of the side yard setback to allow a 39.7 foot side yard setback to allow the construction of an indoor riding ring, additional barn and horse stalls and rebuilding of an existing structure. The Board then proceeded to deliberate.






It was moved by Sackett and seconded by Sabatelli to approve the following motion for the variance for the front yard setback:

The Zoning Board of Appeals grants the approval in part of the application submitted by Robert Hartman to allow a 6.2 foot variance in the front yard setback for the property located at 80 Litchfield Turnpike and shown on Assessor’s Map #126, Lot #38, for a variance of Sections 4.4.E and 4.3.E.3 of the Bethany Zoning Regulations which variance is as follows: Allowing a 93.8 foot front yard setback. This setback is granted specifically to the + 3200 square foot currently existing barn on the property. This setback will not be allowed for any future building.

The variance is granted subject to the following condition:
1. The variance shall not be effective until a copy of it, certified by the Chairman or the Secretary of the Board, and containing a legal description of the subject property, and specifying the nature of the variance (including the Section of the Zoning Regulations being varied) is filed with the Bethany Town Clerk for recording on the Bethany Land Records by the applicant or owner. A copy of the recorded document shall also be filed with the Zoning Enforcement Officer.

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) Special conditions and circumstances exist which are unique to the subject property and which do not affect generally the district to which it is situated.
2) The reasons set forth in the application justify that granting of the variance so as to make possible the reasonable use of the land.
Vote 5 to 0.
Voting were Goldberg, Sabatelli, Forman, Massey, Sackett.
Unanimous approval.


It was moved by Sabatelli and seconded by Forman to approve the following motion for the variance of the total ground coverage and total building coverage:

The Zoning Board of Appeals denies, without prejudice, the request in part of the application submitted by Robert Hartman for the property located at 80 Litchfield Turnpike and shown on Assessor’s Map #126, Lot #38, for a variance of Section 3.4 of the Bethany Zoning Regulations requesting a 1.4 percent increase of the “total ground coverage” and a 3.1 increase of the “total building coverage” only.

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) The application does not demonstrate that special conditions and circumstances exist which are unique to the subject property involved.
2) The reasons set forth in the application do not justify the granting of the variance.



3) Literal enforcement of the Bethany Zoning Regulations will not result in exceptional difficulty or unusual hardship.
Vote 5 to 0.
Voting were Goldberg, Sabatelli, Forman, Massey, Sackett.
Unanimous approval.


It was moved by Goldberg and seconded by Sabatelli to approve the following motion for the variance of the side yard setback:

The Zoning Board of Appeals denies, without prejudice, the request in part of the application submitted by Robert Hartman for the property located at 80 Litchfield Turnpike and shown on Assessor’s Map #126, Lot #38, for a variance of Sections 4.4.E and 4.3.E.3 of the Bethany Zoning Regulations requesting a 60.3 foot variance of the side yard setback. Based on the fact the previous variance of Section 3.4 was denied, this variance is not necessary.

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) The application does not demonstrate that special conditions and circumstances exist which are unique to the subject property involved.
2) The reasons set forth in the application do not justify the granting of the variance.
3) Literal enforcement of the Bethany Zoning Regulations will not result in exceptional difficulty or unusual hardship.
Vote 5 to 0.
Voting were Goldberg, Sabatelli, Forman, Massey, Sackett.
Unanimous approval.


ADJOURNMENT

It was moved by Forman and seconded by Sabatelli to adjourn the regular meeting at 9:32 p.m.
Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
For the Zoning Board of Appeals

Monday, March 2, 2009

Attendance: Chairman Janet Brunwin, Robert Brinton Jr., Richard Van Horn, Eric Gallant, Stephen Squinto

Visitors: First Selectwoman Derrylyn Gorski, Larry Eisner, Arnold Riley, Brian Laubstein

Chairman Brunwin called the meeting to order at 7:00 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.

APPROVAL OF MINUTES
Chairman Brunwin called for a motion of approval for the minutes of the meeting of January 13, 2009. The motion of approval was moved by Van Horn and seconded by Squinto, to approve with one exception, to correct the date at the top of the page. The vote was called. There were four yes votes and one abstention that of Van Horn as he was absent from that meeting.

Chairman Brunwin called for a motion to approve the minutes of the meeting of January 26, 2009. The motion of approval was moved by Brinton Jr. and seconded by Squinto. The motion was called. There were four yes votes and one abstention that of Squinto as he was absent from that meeting.

DISTRIBUTION OF AUDIT
The final audit for fiscal year 2008-09 was distributed. Since Board members had not had a chance to review it no vote was taken for its acceptance.

VISITORS
Brian Laubstein was present requesting answers to questions he had previously brought to the Board regarding the budget of the Elementary School. Board members explained that the answers should be best given to him by the school as they were not confident to comment without knowing all the rules and regulations of the Board of Education.

REPORT OF TOWN TREASURER - TOWN INVESTMENTS
Larry Eisner, Town Treasurer was present to discuss with the Board of Finance what he projected would be interest earned on the General Fund for fiscal year 2009-10. Eisner also gave a report to the Board on the security of Town investments in the various funds and the interest rates that they were presently paying.

REPORT OF THE CHAIRMAN
Chairman Brunwin reported on her attendance at the Amity financial meeting. The Amity budget for fiscal year 2009-10 has been recommended by the Board of Education with a .77% increase over all. The increase to the Town of Bethany will however be 3.27% due to increased enrollment for the Town of Bethany. The parking permits for students will increase from $50 to $100 per year.



BUDGET REPORT AND ADJUSTMENTS FOR FISCAL YEAR 2008-09
A letter was received from Alan Green, Public Works Director stating that he was trying to hold all budgets, so that his overall budget would not be over spent by the end of the fiscal year.

Revenues for the Town Clerk and Building Department are down. Gallant questioned whether staff could be reduced in the Town Clerk’s Office since the number of transfers and other Town Clerk related revenues are down?

A transfer of $5,000 to General Insurance will need to be done to offset an insurance reimbursement. The expenses for the Pine Brook Crossing repair need to be moved from the road account and a debit made to the General Fund for this repair work. The grant for Human Services needs to be moved from the budget to a special account.

ADJOURNMENT
Adjournment was called at 8:45 p.m. after a motion was moved by Brinton Jr. and seconded by Squinto. The vote taken was unanimous.


Respectfully submitted,


June G. Riley
Clerk, Board of Finance
Attendance: Chairman Janet Brunwin, Robert Brinton Jr., Richard Van Horn, Eric Gallant, Stephen Squinto

Visitors: First Selectwoman Derrylyn Gorski, Larry Eisner, Arnold Riley, Brian Laubstein

Chairman Brunwin called the meeting to order at 7:00 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.

APPROVAL OF MINUTES
Chairman Brunwin called for a motion of approval for the minutes of the meeting of January 13, 2009. The motion of approval was moved by Van Horn and seconded by Squinto, to approve with one exception, to correct the date at the top of the page. The vote was called. There were four yes votes and one abstention that of Van Horn as he was absent from that meeting.

Chairman Brunwin called for a motion to approve the minutes of the meeting of January 26, 2009. The motion of approval was moved by Brinton Jr. and seconded by Squinto. The motion was called. There were four yes votes and one abstention that of Squinto as he was absent from that meeting.

DISTRIBUTION OF AUDIT
The final audit for fiscal year 2008-09 was distributed. Since Board members had not had a chance to review it no vote was taken for its acceptance.

VISITORS
Brian Laubstein was present requesting answers to questions he had previously brought to the Board regarding the budget of the Elementary School. Board members explained that the answers should be best given to him by the school as they were not confident to comment without knowing all the rules and regulations of the Board of Education.

REPORT OF TOWN TREASURER - TOWN INVESTMENTS
Larry Eisner, Town Treasurer was present to discuss with the Board of Finance what he projected would be interest earned on the General Fund for fiscal year 2009-10. Eisner also gave a report to the Board on the security of Town investments in the various funds and the interest rates that they were presently paying.

REPORT OF THE CHAIRMAN
Chairman Brunwin reported on her attendance at the Amity financial meeting. The Amity budget for fiscal year 2009-10 has been recommended by the Board of Education with a .77% increase over all. The increase to the Town of Bethany will however be 3.27% due to increased enrollment for the Town of Bethany. The parking permits for students will increase from $50 to $100 per year.



BUDGET REPORT AND ADJUSTMENTS FOR FISCAL YEAR 2008-09
A letter was received from Alan Green, Public Works Director stating that he was trying to hold all budgets, so that his overall budget would not be over spent by the end of the fiscal year.

Revenues for the Town Clerk and Building Department are down. Gallant questioned whether staff could be reduced in the Town Clerk’s Office since the number of transfers and other Town Clerk related revenues are down?

A transfer of $5,000 to General Insurance will need to be done to offset an insurance reimbursement. The expenses for the Pine Brook Crossing repair need to be moved from the road account and a debit made to the General Fund for this repair work. The grant for Human Services needs to be moved from the budget to a special account.

ADJOURNMENT
Adjournment was called at 8:45 p.m. after a motion was moved by Brinton Jr. and seconded by Squinto. The vote taken was unanimous.


Respectfully submitted,


June G. Riley
Clerk, Board of Finance
BOARD OF FINANCE
FEBRUARY 10, 2009
Page 1 of 2

Attendance: Chairman Janet Brunwin, Robert Brinton Jr., Richard Van Horn, Eric Gallant, Stephen Squinto

Visitors: First Selectwoman Derrylyn Gorski, Larry Eisner, Arnold Riley, Brian Laubstein

Chairman Brunwin called the meeting to order at 7:00 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.

APPROVAL OF MINUTES
Chairman Brunwin called for a motion of approval for the minutes of the meeting of January 13, 2009. The motion of approval was moved by Van Horn and seconded by Squinto, to approve with one exception, to correct the date at the top of the page. The vote was called. There were four yes votes and one abstention that of Van Horn as he was absent from that meeting.

Chairman Brunwin called for a motion to approve the minutes of the meeting of January 26, 2009. The motion of approval was moved by Brinton Jr. and seconded by Squinto. The motion was called. There were four yes votes and one abstention that of Squinto as he was absent from that meeting.

DISTRIBUTION OF AUDIT
The final audit for fiscal year 2008-09 was distributed. Since Board members had not had a chance to review it no vote was taken for its acceptance.

VISITORS
Brian Laubstein was present requesting answers to questions he had previously brought to the Board regarding the budget of the Elementary School. Board members explained that the answers should be best given to him by the school as they were not confident to comment without knowing all the rules and regulations of the Board of Education.

REPORT OF TOWN TREASURER - TOWN INVESTMENTS
Larry Eisner, Town Treasurer was present to discuss with the Board of Finance what he projected would be interest earned on the General Fund for fiscal year 2009-10. Eisner also gave a report to the Board on the security of Town investments in the various funds and the interest rates that they were presently paying.

REPORT OF THE CHAIRMAN
Chairman Brunwin reported on her attendance at the Amity financial meeting. The Amity budget for fiscal year 2009-10 has been recommended by the Board of Education with a .77% increase over all. The increase to the Town of Bethany will however be 3.27% due to increased enrollment for the Town of Bethany. The parking permits for students will increase from $50 to $100 per year.



BUDGET REPORT AND ADJUSTMENTS FOR FISCAL YEAR 2008-09
A letter was received from Alan Green, Public Works Director stating that he was trying to hold all budgets, so that his overall budget would not be over spent by the end of the fiscal year.

Revenues for the Town Clerk and Building Department are down. Gallant questioned whether staff could be reduced in the Town Clerk’s Office since the number of transfers and other Town Clerk related revenues are down?

A transfer of $5,000 to General Insurance will need to be done to offset an insurance reimbursement. The expenses for the Pine Brook Crossing repair need to be moved from the road account and a debit made to the General Fund for this repair work. The grant for Human Services needs to be moved from the budget to a special account.

ADJOURNMENT
Adjournment was called at 8:45 p.m. after a motion was moved by Brinton Jr. and seconded by Squinto. The vote taken was unanimous.


Respectfully submitted,


June G. Riley
Clerk, Board of Finance
Attendance: Chairman Janet Brunwin, Sally Huyser, Eric Gallant, Stephen Squinto

Visitors: Dr. John Brady, William Blake, Jack Levine

Chairman Brunwin called the special meeting of the Board of Finance to order at 7:00 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. Dr. John Brady, Superintendent of Amity gave a power point presentation on the budget for fiscal year 2009-10. The total recommended budget for this year is $42,141,265 of which Bethany would pay 21.259% an additional 3.2% or $8,656,535. The percentage increase to Bethany is larger than last year due to an increase in student enrollment from Bethany.

Dr. Brady gave the Board an overview of the achievements and rankings of Amity students as they compare to students in other towns in the State of Connecticut.

There were no questions following his presentation.

The Board of Finance thanked Dr. Brady and the Board of Education for a responsible job in preparing this year’s budget.

ADJOURNMENT
Adjournment was called at 8:05 p.m. following a motion by Huyser and seconded by Brinton Jr.

Respectfully submitted,


June G. Riley
Clerk, Board of Finance
Attendance: Chairman Janet Brunwin, Sally Huyser, Eric Gallant, Stephen Squinto

Visitors: Dr. John Brady, William Blake, Jack Levine

Chairman Brunwin called the special meeting of the Board of Finance to order at 7:00 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. Dr. John Brady, Superintendent of Amity gave a power point presentation on the budget for fiscal year 2009-10. The total recommended budget for this year is $42,141,265 of which Bethany would pay 21.259% an additional 3.2% or $8,656,535. The percentage increase to Bethany is larger than last year due to an increase in student enrollment from Bethany.

Dr. Brady gave the Board an overview of the achievements and rankings of Amity students as they compare to students in other towns in the State of Connecticut.

There were no questions following his presentation.

The Board of Finance thanked Dr. Brady and the Board of Education for a responsible job in preparing this year’s budget.

ADJOURNMENT
Adjournment was called at 8:05 p.m. following a motion by Huyser and seconded by Brinton Jr.

Respectfully submitted,


June G. Riley
Clerk, Board of Finance
BOARD OF FINANCE
SPECIAL MEETING
FEBRUARY 24, 2009
Page 1 of 1


Attendance: Chairman Janet Brunwin, Sally Huyser, Eric Gallant, Stephen Squinto

Visitors: Dr. John Brady, William Blake, Jack Levine

Chairman Brunwin called the special meeting of the Board of Finance to order at 7:00 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. Dr. John Brady, Superintendent of Amity gave a power point presentation on the budget for fiscal year 2009-10. The total recommended budget for this year is $42,141,265 of which Bethany would pay 21.259% an additional 3.2% or $8,656,535. The percentage increase to Bethany is larger than last year due to an increase in student enrollment from Bethany.

Dr. Brady gave the Board an overview of the achievements and rankings of Amity students as they compare to students in other towns in the State of Connecticut.

There were no questions following his presentation.

The Board of Finance thanked Dr. Brady and the Board of Education for a responsible job in preparing this year’s budget.

ADJOURNMENT
Adjournment was called at 8:05 p.m. following a motion by Huyser and seconded by Brinton Jr.

Respectfully submitted,


June G. Riley
Clerk, Board of Finance
Bethany Affordable Senior Housing Committee
Meeting minutes of 3 December 2008


Bethany Affordable Senior Housing Committee members in attendance were Jim Foley, Mig Halpine, Joan Jackson, Bill McCarthy, and Carol Paugas as well as Meghan Carbone, Alternate.

Attendees included Shenae Draughn, Alan Plattus, Andrei Harwell, Eugene Livshits, Issy Kearns, Hiram Peck.

Meeting was called to order at 7:02PM.

It was noted that the Board of Selectmen approved the appointment of Meghan Carbone as an alternate member of the Affordable Senior Housing Committee.

Eugene Livshits was introduced as the new land use planner for the So. Central Regional Council of Governments.

Committee accepted the minutes of October 8th. Motion by Joan, 2nded by Bill: passed unanimously.

Shenae discussed conversations she had with Chris Juliano of Juliano Associates of Wallingford for the planning of the septic systems. Juliano is coordinating with QVHD to do the testing that will help determine type and location of septic systems on the site.

Alan discussed the possible impact that the location of the septic systems will have on the residences as well as the caretaker cottage. Final siting will be determined by the ultimate type and location of the septic system.

A discussion was held regarding the identification of specific requirements and schedule for the P&Z application and approval process. Chris Juliano will be asked to prepare a revised site plan.

Shenae discussed the scheduling of initially distributing information on the units to the town.

The next meeting was scheduled for Wednesday, January 7th.

Mig made a motion to adjourn; Meghan seconded it. The meeting was adjourned at 8:02PM.

Respectfully submitted,

Mig Halpine, Secretary
Bethany Affordable Senior Housing Committee
Meeting minutes of 3 December 2008


Bethany Affordable Senior Housing Committee members in attendance were Jim Foley, Mig Halpine, Joan Jackson, Bill McCarthy, and Carol Paugas as well as Meghan Carbone, Alternate.

Attendees included Shenae Draughn, Alan Plattus, Andrei Harwell, Eugene Livshits, Issy Kearns, Hiram Peck.

Meeting was called to order at 7:02PM.

It was noted that the Board of Selectmen approved the appointment of Meghan Carbone as an alternate member of the Affordable Senior Housing Committee.

Eugene Livshits was introduced as the new land use planner for the So. Central Regional Council of Governments.

Committee accepted the minutes of October 8th. Motion by Joan, 2nded by Bill: passed unanimously.

Shenae discussed conversations she had with Chris Juliano of Juliano Associates of Wallingford for the planning of the septic systems. Juliano is coordinating with QVHD to do the testing that will help determine type and location of septic systems on the site.

Alan discussed the possible impact that the location of the septic systems will have on the residences as well as the caretaker cottage. Final siting will be determined by the ultimate type and location of the septic system.

A discussion was held regarding the identification of specific requirements and schedule for the P&Z application and approval process. Chris Juliano will be asked to prepare a revised site plan.

Shenae discussed the scheduling of initially distributing information on the units to the town.

The next meeting was scheduled for Wednesday, January 7th.

Mig made a motion to adjourn; Meghan seconded it. The meeting was adjourned at 8:02PM.

Respectfully submitted,

Mig Halpine, Secretary
OF THE BETHANY ZONING BOARD OF APPEALS MINUTES
REGULAR MEETING OF MONDAY, FEBRUARY 9, 2009 Page 1 of 3

The regular meeting of the Zoning Board of Appeals was called to order at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Board members were present:
Carol Goldberg, Chair
Arnold Sabatelli, Vice-Chair
David Forman, Member
Steven Massey, Member
Ruth Beardsley, Alternate Member
James Foley, Alternate Member
Brian Sackett, Alternate Member, seated as a regular member.

The following Board member was absent:
Rudolph Beckert, Jr., Member

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


MINUTES

It was moved by Foley and seconded by Forman to approve, as submitted, the minutes of the January 12, 2009, 2008, regular meeting.
Unanimous approval.


BILLS

1. It was moved by Forman and seconded by Sackett to approve the payment of a bill for $95.00, dated February 9, 2009, from John McLeod (Court Stenographer) for recording services for public hearing (80 Litchfield Turnpike).
Unanimous approval.



PUBLIC HEARING: 80 Litchfield Turnpike

Chair Goldberg opened the public hearing at 8:05 p.m.

Chair Goldberg read the legal notice pertaining to the public hearing for the application submitted by Robert D. Hartman for property located at 80 Litchfield Turnpike (Double H Farm LLC) for a 1.4 percent increase of the “total ground coverage” to allow 16.4 percent of ground coverage; for a 3.1 increase of the “total building coverage” to allow 13.1 percent of building coverage; for a 6.2 foot variance of the front yard setback to allow a 93.8 foot front yard setback; and for a 60.3 foot variance of the side yard setback to allow a 39.7 foot side yard setback to allow the construction of an indoor riding ring, additional barn and horse stalls and rebuilding of an existing structure.


Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.

Chair Goldberg asked the applicant for the proof of notification to the property owners within 100 feet of the boundaries of the subject property. Mr. John Paul Garcia, P.E. representing the applicant, submitted green return receipt cards and the certified mail receipts (Exhibit 1A and Exhibit 1B).

Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1 – Submitted by John Paul Garcia, six Green Return Receipt cards from neighbors within 100 feet of the subject property with proof of receipt of notice of the Zoning Board of Appeals application.
b) Exhibit 2 – Submitted by John Paul Garcia, eleven Certified Mail Receipts to neighbors within 100 feet of the subject property for proof of mailing.
c) Exhibit 3 – Submitted by John Paul Garcia, a Green Return Receipt card and a Certified Mail Receipt to the Regional Water Authority, Environmental Affairs Department.
d) Exhibit 4 – Submitted by John Paul Garcia, copy of a portion of the assessor’s map of the subject property with red checks showing the adjoining properties in support of the variances and eight letters from adjoining properties stating their support of the proposed plans.
e) Exhibit 5 – Letter from Alice Mulqueen of 123 Litchfield Turnpike, Bethany, dated February 9, 2009, Re: Opposition to proposed commercial operation located at 80 Litchfield Turnpike.
f) Exhibit 6 – Letter from South Central Connecticut Regional Water Authority, dated February 3, 2009, Re: Review of application for 80 Litchfield Turnpike.

Presenting the application was John Paul Garcia, P.E. and L.S. representing the applicant. Mr. Garcia presented a brief overview of the location of the proposed project. Mr. Garcia explained the reason for the variances due to the existing buildings that have zoning irregularities, and the edge and the wetlands on the property. Also, Mr. Garcia stated that the applicant’s intent is to construct an indoor riding arena and stalls, which is in harmony with the neighborhood.

Some of the Board Members questioned or commented on the following items:
Buildable land percentage. Too many buildings on the property.
Is a buffer required for the wetlands?
Can the proposed building size be decreased?

Chair Goldberg asked if there were any public members who would like to speak in favor of the application. The following resident commented:

Tom Lambrecht of 96 Litchfield Turnpike – Mr. Lambrect stated he is in favor of the application for the indoor riding ring. Mr. Lambrect feels this operation would be beneficial to children and will create new jobs in the area.







Chair Goldberg asked if there were any public members who would like to speak in opposition of this application. The following residents commented:

Nancy Lewis of 76 Litchfield Turnpike – Mrs. Lewis is in opposition of the application. Mrs. Lewis feels that this large enterprise would not be compatible with the area and it would bring more traffic, noise and light at night.
Katherine Weber of 108 Beacon Road – Mrs. Weber is in opposition of the application. Mrs. Weber feels the project is massively out of scale for the property and is concerned with the manure storage.

Mr. Garcia reiterated that the hardship is due to the number of existing buildings on the site and the location of them.

Alternate member Jim Foley left the hearing at 9:20 p.m.

At 10:07 p.m., Chair Goldberg closed the public hearing on the subject application.


DELIBERATION & DECISION MAKING SESSION

Board members proceeded to discuss the application.

Board members feel the proposed business is in harmony with the area but had concerns with the size of the proposed building. It was the consensus of the Board to table the application until the next regular meeting scheduled for Monday, March 9, 2009, at 8:00 p.m. and to have the Town Attorney review.


ADJOURNMENT

It was moved by Sabatelli and seconded by Forman to adjourn the regular meeting at 10:59 p.m.
Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
For the Zoning Board of Appeals