Wednesday, June 24, 2009

OF FINANCE
SPECIAL MEETING
JUNE 18, 2009
Page 1 of 2 BOARD
Attendance: Chairman Janet Brunwin, Sally Huyser, Robert Brinton Jr., Richard Van Horn, First Selectwoman Derrylyn Gorski
Visitors: Tim Connellan, Alan Green, James Stirling, Maura Harrigan, Janet Finneran, Chip Spear, Laura Adair, Gordon LeVasseur
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
MAY 5, 2009
Chairman Brunwin called for a motion of approval for the minutes of the meeting of May 5, 2009. Motion of approval moved by Van Horn and seconded by Huyser. Chairman Brunwin amended the minutes by adding a sentence under Tax Collector Refund Ordinance which states after discussion no motion was moved and discussion ended regarding keeping of credit balances. Brunwin wanted the sentence deleted there was no second given to the motion, therefore no vote was called. Brunwin wanted it to say the vote was called and was unanimous. The amended minutes were then accepted on a unanimous vote.

MAY 19, 2009
Chairman Brunwin called for a motion of acceptance for the minutes of the meeting of May 19, 2009. Motion of approval moved by Van Horn and seconded by Gallant. Chairman Brunwin corrected the spelling of manual and budget. The amended minutes were then accepted on a unanimous vote.

BETHANY ELEMENTARY SCHOOL
Tim Connellan spoke to the Board of Finance regarding the summary of final budget over-expenditures letter he distributed to Board members. When questioned regarding the bottom line number, Connellan felt that the budget should come out even at the end of the fiscal year. It was confirmed by Maura Harrigan, member of the Board of Education that the contract for Superintendent Connellan has been renewed for three years. She was happy to announce that he had accepted no increase in salary for fiscal 2009-10 in the first year of the contract.

LAWN MOWER PURCHASE FOR HIGHWAY DEPARTMENT
Alan Green was present to request permission and an appropriation to purchase a lawn mower for the Highway Department, to replace the mower used to mow the Airport and other recreation areas. Following discussion Van Horn moved to appropriate $11,000 from the Contingency Fund in the 2008-09 fiscal year budget to purchase a mower for the Highway Department. Gallant seconded the motion. The vote taken was unanimous.

FIRST SELECTWOMAN’S REPORT
First Selectwoman Gorski reported that the well on the easterly side of Town Hall has been re-developed by Sima Well Drillers. The well now produces 3-4 gallons of water per minute with a new pump. It was discovered that there was a hole in the pipe which caused the previous poor water quality testing. That has been repaired also.

First Selectwoman Gorski indicated that the Board of Selectmen will create and appoint members to a Facilities Committee.

CHAIRMAN’S REPORT
FINANCIAL POLICY MANUEL
The members of the Board of Finance had the final draft of the Financial Policy Manuel previous to this meeting for their review. Chairman Brunwin opened discussion with Board members regarding any modifications they would like to see to this draft. There were none. Gallant moved to accept the Financial Policy Manuel as presented. Van Horn seconded the motion. The vote taken was unanimous.

LEASE PURCHASE BREATHING APPARATUS AND DUMP TRUCK
Chairman Brunwin reported that she is working on the lease purchase agreements for the breathing apparatus for the Fire Department and the dump truck for the Highway Department approved at the May 18, 2009 Town Meeting. She will put it out to bid and accept the lowest bid that meets the criteria for this purchase.

AMITY SURPLUS
The Financial Committee of Amity Regional School System reports that there is a surplus in the budget for fiscal year 2008-09. The construction audit has shown a surplus of $520,000 left from the renovation projects. There was a savings also on the bonding issue. Following discussion with the Board of Finance members all were in agreement the money should be given back to the three towns.

STATE OF CONNECTICUT MANAGEMENT LETTER
Chairman Brunwin is preparing a reply to a letter from the State of Connecticut regarding our auditors Management Letter.

JULY MEETING
Since Chairman Brunwin will be traveling during the month of July it was the consensus of the Board that the July meeting would be canceled unless needed.

ADJOURNMENT
Adjournment was called at 8:55 p.m. after a motion was moved by Van Horn and seconded by Gallant to adjourn the meeting. The vote taken was unanimous.

Respectfully submitted,

June G. Riley
Clerk, Board of Finance
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, JUNE 3, 2009 Page 1 of 7



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
Mary Shurtleff, Member
Marc Adelberg, Alternate Member, seated as a Member.
Nelly Rabinowitz, Alternate Member, seated as a Member.
Donald Shea Jr., Alternate Member, seated as a Member.

The following Commission members were excused:
Melissa Spear, Vice-Chairman
John Ford, Member
Patricia Winer, Member

Also present were:
Isabel Kearns, Zoning Enforcement Officer
Hiram Peck, Planning Consultant


APPROVAL OF MINUTES

1. It was moved by Shurtleff and seconded by Shea to table the minutes until the next regular meeting of July 1, 2009, so the Clerk can review the record for a discrepancy.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Isabel Kearns, ZEO, dated May 11, 2009, Second Review of Resubdivision of Woodlot Farm (523 Carrington Road).
2. Submitted by John Paul Garcia, three pages of easement language for 523 Carrington Road, proposed resubdivision.
3. Email from David Nafis of Nafis & Young Engineers, Inc., dated May 28, 2009, Re: Review of revised plans dated April 29, 2009, for 523 Carrington Road, 3-Lot Resubdivision.
4. Letter from SCC Regional Water Authority, dated May 11, 2009, Re: Review of application for 80 Litchfield Turnpike, indoor riding facility.
5. Narrative from the Hartmann Family pertaining to the proposed commercial stable located at 80 Litchfield Turnpike.
6. Email from C. Gaudino of CT Water Company, dated May 26, 2009, Re: Review of application for mobile dog grooming services at 22 Tollgate Road.
7. Letter from Sal Pontillo, submitted June 1, 2009, Re: Description of services for mobile dog grooming, 22 Tollgate Road.



8. Letter from SCC Regional Water Authority, dated May 11, 2009, Review of application for 562 Amity Road, Home Office. (approved on May 6, 2009)
9. Letter from Nafis & Young Consulting Engineers, to Chairman Beacon Falls PZC, dated March 12, 2009, Re: Review of Zoning Text Amendments for Town of Beacon Falls. Chairman Huxley would like the ZEO to investigate the intentions of this letter due to the fact it does not meet the notification requirements to the Town of Bethany.


PUBLICATIONS AND WORKSHOPS

1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2009.


BILLS

1. It was moved by Shurtleff and seconded by Shea to approve the payment of $1,000.00 (monthly pro rata basis) for services rendered for May 2009, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.

2. It was moved by Shurtleff and seconded by Adelberg to approve the payment of $95.00 to Anne Sohon (court stenographer) for recording services at the meeting of May 6, 2009 (523 Carrington Road, 845 Carrington Road).
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT

Isabel Kearns, ZEO, stated that the “Ordinance Establishing Citation Procedures and Fines for Zoning Violations” is going to a Town Meeting in the next few months.


PUBLIC HEARINGS

· 523 Carrington Road (Woodlot Farm), Application #2009-001 for a Special Exception Permit for one rear lot and Application #2009-002 for a Three-Lot Resubdivision with waiver requests for open space and fire protection submitted by John Paul Garcia

At 8:00 p.m., Chairman Huxley called to order the continuation of the public hearing on Applications #2009-001 and #2009-002. The public hearing commenced on April 1, 2009 and was continued to May 6, 2009.





Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 3A – Letter from Isabel Kearns, ZEO, dated May 11, 2009, Second Review of Resubdivision of Woodlot Farm (523 Carrington Road).
Exhibit 3B – Submitted by John Paul Garcia, three pages of proposed wording for easements for 523 Carrington Road, proposed resubdivision.
Exhibit 3C – Email from David Nafis of Nafis & Young Engineers, Inc., dated May 28, 2009, Re: Review of revised plans dated April 29, 2009, for 523 Carrington Road, 3-Lot Resubdivision.
Exhibit 3D – Letter from SCC Regional Water Authority dated June 3, 2009, Re: Review of revised plans dated April 29, 2009, for 523 Carrington Road.
Exhibit 3E – Submitted by Ken Martin, a letter from the Conservation Commission with seven pages of attachments, dated June 3, 2009, Re: Comments from review of easement language and discussions with the applicant.
Exhibit 3F – Submitted by John Paul Garcia, letter of consent for an extension of 35 days to continue the public hearing on the said application, dated June 3, 2009.

Isabel Kearns, ZEO, stated that the Inland Wetlands Commission has not acted on Inland Wetlands Application #1119 for 523 Carrington Road.

Present for this application was Mr. John Paul Garcia, P.E./L.S., who is the applicant. Mr. Garcia discussed the letter from the Regional Water Authority (Exhibit 3D) and discussed the recommendations of the Conservation Commission.

Ken Martin, Chairman of the Conservation Commission, handed out a packet to the Commission Members (Exhibit 3E) and discussed the information with the Commission. Mr. Martin stated the Conservation Commission was not aware of the RWA request (Exhibit 3D) and Mr. Martin needs to discuss this further with the Conservation Commission.

Chairman Huxley stated she had a conversation with the Town Attorney pertaining to the language for the bonding for all public improvements for the subdivision and she will forward this information to Mr. Garcia.

Chairman Huxley then asked if there were any comments from the public. There were no comments.

Mr. Garcia submitted an extension of 35 days to continue the public hearing (Exhibit 3F).

At 8:32 p.m., Chairman Huxley recessed the public hearing on the subject application until the next regular meeting scheduled for July 1, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.





· 80 Litchfield Turnpike (Double H Farm), Application #2009-012 for a Special Exception Permit to operate a boarding stable and training facility

At 8:33 p.m., Chairman Huxley called to order the public hearing on Application #2009-012. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.

Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Letter from SCC Regional Water Authority, dated May 11, 2009, Re: Review of application for 80 Litchfield Turnpike, indoor riding facility.
Exhibit 1B – Narrative from the Hartmann Family pertaining to the proposed commercial stable located at 80 Litchfield Turnpike.
Exhibit 1C – Email from Melissa Spear, Planning and Zoning Commission Member, dated June 3, 2009, Re: Concerned about late hours of operation and lighting for the proposed commercial boarding/riding stable, 80 Litchfield Turnpike.
Exhibit 1D – Letter from Attorney Peter Cooper, representing Ms. Nancy Lewis of 76 Litchfield Turnpike, Re: Requesting the Planning and Zoning Commission deny the Application #2009-012, 80 Litchfield Turnpike.

Present for this application was Jason Hartmann, applicant, representing himself and his family. Mr. Hartmann briefly reviewed the proposed activity and stated there would be no employees living on the property and there will be no changes made to the current property.

Some Commission Members had a question or concern pertaining to the following:
· How many horses total on the property are you asking for? (Mr. Hartmann replied 12.)
· Will there be any additional lighting? (Mr. Hartmann replied no.)
· Will you be storing trailers on the property? (Mr. Hartmann replied only his personal trailers.)
· Are you asking for a sign? (Mr. Hartman replied not at this time.)

Chairman Huxley then asked if there were any comments from the public. The following people commented:

a) Attorney Peter Cooper, representing Ms. Nancy Lewis of 76 Litchfield Turnpike – Attorney Cooper submitted a letter (Exhibit 1D) and reviewed this letter with the Commission. Attorney Cooper expressed Ms. Lewis’s concerns about the vehicle lights from cars visiting the property, the uncontrolled number of boarders, parking issues, and dust and runoff from the dirt paddock area.

Chairman Huxley asked Isabel Kearns, ZEO, to research the parking standards to determine if the subject property would be able to accommodate the parking.




Chairman Huxley asked Mr. Hartmann if he would be willing to look at screening on the south side of the property to block vehicle lights from Ms. Lewis’s property. Mr. Hartmann stated he is willing to place screening in that area.

At 9:24 p.m., Chairman Huxley recessed the public hearing on the subject application until the next regular meeting scheduled for July 1, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.


NEW BUSINESS

1. 22 Tollgate Road, Application #2009-013 submitted by Sal Pontillo for a Home Occupation Permit to operate an office for a mobile dog grooming service – Present for this application was Sal Pontillo, applicant and owner of record. The Commission received the application. Isabel Kearns, ZEO, stated that the QVHD would not sign off until the DEP approval because the applicant is dumping grey water at State of Connecticut dumping stations (see letter from applicant submitted June 1, 2009). The Commission discussed and proceeded to deliberate. It was moved by Shea and seconded by Adelberg to authorize Isabel Kearns, ZEO, to issue a Home Occupation Permit for Application #2009-013 submitted by Sal Pontillo to operate an office for a mobile dog grooming service upon approval from the State of Connecticut Department of Environmental Protection and Quinnipiack Valley Health District and with the condition there will be no disposal of water on the site, which is 22 Tollgate Road.
Unanimous approval.

2. 369 Bethmour Road, Application #2009-014 submitted by Margaret Duke for a Home Occupation Permit to operate a recording studio – No one was present for this application. The Commission received the application. Isabel Kearns, ZEO, will contact the applicant to inform Ms. Duke she needs to be present at the next regular meeting, July 1, 2009, to answer questions from the Commission concerning this application. Tabled.

3. 19 Mesa Drive, Application #2009-015 submitted by Yucheng Zhan for a Home Occupation Permit to operate an office for Information Technology Services & Consulting, Internet Marketing & Sales, Investment Consulting – No one was present for this application. The Commission received the application. Commission members discussed and proceeded to deliberate. It was moved by Shurtleff and seconded by Shea to approve the following resolution for Application #2009-015:

Whereas, Yucheng Zhan owner of 19 Mesa Drive, applied to the Planning and Zoning Commission for a home occupation permit to operate a home office for computer services and consulting;





Whereas, the Commission at its regular meeting of June 3, 2009, considered the statement of use, narrative, testimony and other pertinent application information relating to this home occupation application;

Now Therefore, the Commission makes the following findings of fact and decision regarding this application:

1) Lynn Fox, Quinnipiack Valley Health District representative signed off on the back of the application form on May 28, 2009, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on May 28, 2009, approving the application.

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4(b) of the Town of Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves the application of Yucheng Zhan to operate an office for computer service and consulting in his home as outlined in the Statement of Use and upon confirmation that no inventory will be kept at the premises at 19 Mesa Drive.
Unanimous approval.


OLD BUSINESS

1. 523 Carrington Road, Application #2009-001 submitted by John Paul Garcia for a Special Exception Permit for one rear lot – Hearing continued to July 1, 2009. Tabled.

2. 523 Carrington Road, Application #2009-002 submitted by John Paul Garcia for a Three-Lot Resubdivision with waiver requests for the provision of open space and a water source for fire protection – Hearing continued to July 1, 2009. Tabled.

3. 80 Litchfield Turnpike, Application #2009-012 submitted by Jas R. Hartmann (Double H Farm) for a Special Exception Permit to operate a boarding stable and riding lessons – Hearing continued to July 1, 2009. Tabled.

4. Bethany Volunteer Fire Department revised Water Source Specifications – The ZEO will contact Mike Katzmark, Representative for the BVFD. Tabled.

5. Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Mr. Peck will gather more information on windmills and work with the Clean Energy Task Force. Tabled.

6. Town Plan Revision – Discussion and possible action – Hiram Peck, Planning Consultant, Tabled.

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



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

9. Proposed Ordinance Establishing Citation Procedures and Fines for Zoning Violations – Isabel Kearns, ZEO, stated that the proposed ordinance is scheduled to go to a Town Meeting. Tabled.

10. Update on Halter Estates – Tabled.



It was moved by Shurtleff and seconded by Shea to adjourn the regular meeting at 9:30 p.m.
Unanimous approval.

Respectfully submitted,



Antonia Marek, Clerk
For the Planning and Zoning Commission
INLAND WETLANDS COMMISSION
TOWN OF BETHANY
JUNE 6, 2008


A special meeting of the Inland Wetlands Commission for the Town of Bethany was held on Saturday, June 6, 2009, in the Selectmen’s Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

ROLL CALL

PRESENT: Alexandra Breslin and Patricia McGregor Co-Chairman

ALTERNATES: Kristine Sullivan

EXCUSED: Jon Painter

ABSENT: John Kane and John Ellison


Co-Chairman Breslin called the Special Meeting of the Commission to order at 11:45 a.m.

The purpose of the special meeting was to receive and take appropriate action regarding:

Lenard Engineering, Inc, Replace of Well Line Connection, Bethany Mobile Home Park, 1070 Amity Road, Application # 1127

The Commission formally received an application submitted by Lenard Engineering, Inc., for the installation of two new 1 1’2” PE tubing for existing wells, and new 1” PVC electrical conduit to be buried 4.5’ deep with the wetland buffer setback, and installation of a new vertical potable water storage tank outside of the wetland buffer setback area, which have been required by the State Department of Public Health.

No one was present to speak on behalf of the application.

After discussion and review of the submitted application materials, it was the consensus of the Commission members to allow work as outlined in the letter to IWC Enforcement Agent Isabel Kearns, dated June 5, 2009, subject to:
· Submission of documentation that the work has been required by the State Department of Public Health to be done immediately.
· The requirement that the sediment and erosion controls measures be installed and inspected by the Commission’s Enforcement Agent prior to any other work commencing on the project.
· Formal action on the application shall be taken by the Commission at its next regularly scheduled meeting on Monday, June 22, 2009.



Failure to submit documentation that the work has been required by the State Dept. of Public Health to be done immediately shall negate this emergency action by the Commission to allow work to proceed prior to formal action on the application being taken by the Commission at it’s next regular meeting on Monday, June 22, 2009.

The meeting was adjourned by consensus at 12:00 p.m.

Respectfully submitted,


Kristine Sullivan,
Acting Recording Secretary
June 12, 2009



NOTICE OF A CONTINUATION OF A PUBLIC HEARING BY THE BETHANY ZONING BOARD OF APPEALS AT A SPECIAL MEETING ON MONDAY, JUNE 29, 2009

Notice is hereby given of a public hearing continuation to be held by the Bethany Zoning Board of Appeals on Monday, June 29, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, pertaining to the following application:

a) Application submitted by Elizabeth Doering for property located at 184 Sperry Road for a .02 acre variance of the required 3 acre lot size to allow 2.98 acres to have a structure that exceeds 1,000 sq. ft. and for a 40.1’variance to allow a 59.9’ setback where a 100’ setback is required for the installation and construction of a barn.

The hearing commenced on Monday, June 8, 2009.

Respectfully submitted,


Antonia R. Marek, Clerk
For the Zoning Board of Appeals
The regular meeting of the Zoning Board of Appeals was called to order at 8:06 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
Steven Massey, Member
Ruth Beardsley, Alternate Member, seated as a regular Member
James Foley, Alternate Member, seated as a regular Member

The following Board members were absent:
David Forman, Member
Brian Sackett, Alternate Member

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


Chair Goldberg took a moment to honor Board Member Rudy Beckert, who recently passed away. Also, Chair Goldberg thanked Board Members Arnold Sabatelli, Jim Foley and Dave Forman, whose term expires on July 1, 2009, for their dedication and service to the Town by being on the Zoning Board of Appeals.


MINUTES

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


BILLS

1. It was moved by Beardsley and seconded by Sabatelli to approve the payment of a bill for $95.00, dated June 8, 2009, from Anne Sohon (Court Stenographer) for recording services for public hearing (184 Sperry Road).
Unanimous approval.


CORRESPONDENCE

1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2009.







PUBLIC HEARING – 184 SPERRY ROAD

Chair Goldberg opened the public hearing at 8:11 p.m.

Chair Goldberg read the legal notice for the public hearing for the application submitted by Elizabeth Doering for a .02 acre variance of the required 3 acre lot size to allow 2.98 acres to have a structure that exceeds 1,000 square feet and for a 40.1 foot variance to allow a 59.9 foot setback where a 100 foot setback is required for the installation and construction of a barn..

Present for the public hearing representing the applicant and owner of record was Mr. John Paul Garcia, P.E./L.S. and the owner of record, Elizabeth Doering.

Chair Goldberg stated that the Zoning Regulations state that certified notification is required to the surrounding property owners within 100 feet of the application and the public hearing and that the applicant needs to provide evidence at the time of the public hearing by submitted the green return receipt cards. Mr. Garcia submitted letters from the neighbors (Exhibit 1B, 1C and 1D). Chair Goldberg stated the Board can hear evidence tonight from Mr. Garcia and then continue the public hearing to Monday, May 29, 2009, so that notification can be made. It was the consensus of the Board to go forward with the public hearing.

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

Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1A – Google Map of the subject property submitted by John Paul Garcia.
b) Exhibit 1B – Letter from Yvette Pieck and Paul Mingrino of 190 Sperry Road, dated June 5, 2009, Re: In favor of indoor arena at 184 Sperry Road.
c) Exhibit 1C- Letter from William and Kimberly McClure Brinton of 168 Sperry Road, dated June 7, 2009, Re: No objections to proposed barn at 184 Sperry Road, which will be 100 feet from our property line.
d) Exhibit 1D – Emails between Liz Doering and Ray and Sue Horn of River’s Edge Farm, 91 Bethway Road, last dated June 5, 2009, Re: Possible sales transaction between River’s Edge Farm and Liz Doering.
e) Exhibit 1E – Letter from SCC Regional Water Authority, dated June 4, 2009, Re: Review comments for application for ZBA, 184 Sperry Road.
f) Exhibit 1F – Submitted by John Paul Garcia, map entitled, “Proposed Site Plan, Lot No. 5, Sperry Road”, dated May 21, 2009, revised to June 8, 2009, added lot coverage.

The following Board Members stated for the record that they visited the site: Goldberg, Massey, Sabatelli, Beardsley and Foley.

Some comments or questions from the Board Members are as follows:
Can the barn be moved closer to the house? (Mr. Garcia stated yes but will be too close to house.)
What is the reason for not making the barn smaller? (Mr. Garcia stated smaller would not be practical for a riding stable.)
Property not suited for more than three horses.



Isabel Kearns, Zoning Enforcement Officer, stated the Board cannot consider this a topographical hardship and that the applicant is referring to this application as a barn when it is an indoor riding arena.

Elizabeth Doering, owner of record, stated she would like to ride her horses all year long and not be intrusive to the neighbors.

Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were none.

Chair Golderg asked if there were any public members who would like to speak in opposition of this application. There were no comments.

At 9:29 p.m., Chair Goldberg recessed the public hearing on the subject application and continued it to a Special Meeting on Monday, June 29, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall.


ADJOURNMENT

It was moved by Beardsley and seconded by Massey to adjourn the regular meeting at 9:30 p.m.
Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
For the Zoning Board of Appeals
MINUTES OF THE BETHANY ZONING BOARD OF APPEALS
REGULAR MEETING OF MONDAY, JUNE 8, 2009 Page 1 of 3

The regular meeting of the Zoning Board of Appeals was called to order at 8:06 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
Steven Massey, Member
Ruth Beardsley, Alternate Member, seated as a regular Member
James Foley, Alternate Member, seated as a regular Member

The following Board members were absent:
David Forman, Member
Brian Sackett, Alternate Member

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


Chair Goldberg took a moment to honor Board Member Rudy Beckert, who recently passed away. Also, Chair Goldberg thanked Board Members Arnold Sabatelli, Jim Foley and Dave Forman, whose term expires on July 1, 2009, for their dedication and service to the Town by being on the Zoning Board of Appeals.


MINUTES

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


BILLS

1. It was moved by Beardsley and seconded by Sabatelli to approve the payment of a bill for $95.00, dated June 8, 2009, from Anne Sohon (Court Stenographer) for recording services for public hearing (184 Sperry Road).
Unanimous approval.


CORRESPONDENCE

1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2009.







PUBLIC HEARING – 184 SPERRY ROAD

Chair Goldberg opened the public hearing at 8:11 p.m.

Chair Goldberg read the legal notice for the public hearing for the application submitted by Elizabeth Doering for a .02 acre variance of the required 3 acre lot size to allow 2.98 acres to have a structure that exceeds 1,000 square feet and for a 40.1 foot variance to allow a 59.9 foot setback where a 100 foot setback is required for the installation and construction of a barn..

Present for the public hearing representing the applicant and owner of record was Mr. John Paul Garcia, P.E./L.S. and the owner of record, Elizabeth Doering.

Chair Goldberg stated that the Zoning Regulations state that certified notification is required to the surrounding property owners within 100 feet of the application and the public hearing and that the applicant needs to provide evidence at the time of the public hearing by submitted the green return receipt cards. Mr. Garcia submitted letters from the neighbors (Exhibit 1B, 1C and 1D). Chair Goldberg stated the Board can hear evidence tonight from Mr. Garcia and then continue the public hearing to Monday, May 29, 2009, so that notification can be made. It was the consensus of the Board to go forward with the public hearing.

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

Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1A – Google Map of the subject property submitted by John Paul Garcia.
b) Exhibit 1B – Letter from Yvette Pieck and Paul Mingrino of 190 Sperry Road, dated June 5, 2009, Re: In favor of indoor arena at 184 Sperry Road.
c) Exhibit 1C- Letter from William and Kimberly McClure Brinton of 168 Sperry Road, dated June 7, 2009, Re: No objections to proposed barn at 184 Sperry Road, which will be 100 feet from our property line.
d) Exhibit 1D – Emails between Liz Doering and Ray and Sue Horn of River’s Edge Farm, 91 Bethway Road, last dated June 5, 2009, Re: Possible sales transaction between River’s Edge Farm and Liz Doering.
e) Exhibit 1E – Letter from SCC Regional Water Authority, dated June 4, 2009, Re: Review comments for application for ZBA, 184 Sperry Road.
f) Exhibit 1F – Submitted by John Paul Garcia, map entitled, “Proposed Site Plan, Lot No. 5, Sperry Road”, dated May 21, 2009, revised to June 8, 2009, added lot coverage.

The following Board Members stated for the record that they visited the site: Goldberg, Massey, Sabatelli, Beardsley and Foley.

Some comments or questions from the Board Members are as follows:
Can the barn be moved closer to the house? (Mr. Garcia stated yes but will be too close to house.)
What is the reason for not making the barn smaller? (Mr. Garcia stated smaller would not be practical for a riding stable.)
Property not suited for more than three horses.



Isabel Kearns, Zoning Enforcement Officer, stated the Board cannot consider this a topographical hardship and that the applicant is referring to this application as a barn when it is an indoor riding arena.

Elizabeth Doering, owner of record, stated she would like to ride her horses all year long and not be intrusive to the neighbors.

Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were none.

Chair Golderg asked if there were any public members who would like to speak in opposition of this application. There were no comments.

At 9:29 p.m., Chair Goldberg recessed the public hearing on the subject application and continued it to a Special Meeting on Monday, June 29, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall.


ADJOURNMENT

It was moved by Beardsley and seconded by Massey to adjourn the regular meeting at 9:30 p.m.
Unanimous approval.

Respectfully submitted,



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

Friday, June 12, 2009

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, JUNE 3, 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
Mary Shurtleff, Member
Marc Adelberg, Alternate Member, seated as a Member.
Nelly Rabinowitz, Alternate Member, seated as a Member.
Donald Shea Jr., Alternate Member, seated as a Member.

The following Commission members were excused:
Melissa Spear, Vice-Chairman
John Ford, Member
Patricia Winer, Member

Also present were:
Isabel Kearns, Zoning Enforcement Officer
Hiram Peck, Planning Consultant


APPROVAL OF MINUTES

1. It was moved by Shurtleff and seconded by Shea to table the minutes until the next regular meeting of July 1, 2009, so the Clerk can review the record for a discrepancy.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Isabel Kearns, ZEO, dated May 11, 2009, Second Review of Resubdivision of Woodlot Farm (523 Carrington Road).
2. Submitted by John Paul Garcia, three pages of easement language for 523 Carrington Road, proposed resubdivision.
3. Email from David Nafis of Nafis & Young Engineers, Inc., dated May 28, 2009, Re: Review of revised plans dated April 29, 2009, for 523 Carrington Road, 3-Lot Resubdivision.
4. Letter from SCC Regional Water Authority, dated May 11, 2009, Re: Review of application for 80 Litchfield Turnpike, indoor riding facility.
5. Narrative from the Hartmann Family pertaining to the proposed commercial stable located at 80 Litchfield Turnpike.
6. Email from C. Gaudino of CT Water Company, dated May 26, 2009, Re: Review of application for mobile dog grooming services at 22 Tollgate Road.
7. Letter from Sal Pontillo, submitted June 1, 2009, Re: Description of services for mobile dog grooming, 22 Tollgate Road.



8. Letter from SCC Regional Water Authority, dated May 11, 2009, Review of application for 562 Amity Road, Home Office. (approved on May 6, 2009)
9. Letter from Nafis & Young Consulting Engineers, to Chairman Beacon Falls PZC, dated March 12, 2009, Re: Review of Zoning Text Amendments for Town of Beacon Falls. Chairman Huxley would like the ZEO to investigate the intentions of this letter due to the fact it does not meet the notification requirements to the Town of Bethany.


PUBLICATIONS AND WORKSHOPS

1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2009.


BILLS

1. It was moved by Shurtleff and seconded by Shea to approve the payment of $1,000.00 (monthly pro rata basis) for services rendered for May 2009, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.

2. It was moved by Shurtleff and seconded by Adelberg to approve the payment of $95.00 to Anne Sohon (court stenographer) for recording services at the meeting of May 6, 2009 (523 Carrington Road, 845 Carrington Road).
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT

Isabel Kearns, ZEO, stated that the “Ordinance Establishing Citation Procedures and Fines for Zoning Violations” is going to a Town Meeting in the next few months.


PUBLIC HEARINGS

· 523 Carrington Road (Woodlot Farm), Application #2009-001 for a Special Exception Permit for one rear lot and Application #2009-002 for a Three-Lot Resubdivision with waiver requests for open space and fire protection submitted by John Paul Garcia

At 8:00 p.m., Chairman Huxley called to order the continuation of the public hearing on Applications #2009-001 and #2009-002. The public hearing commenced on April 1, 2009 and was continued to May 6, 2009.





Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 3A – Letter from Isabel Kearns, ZEO, dated May 11, 2009, Second Review of Resubdivision of Woodlot Farm (523 Carrington Road).
Exhibit 3B – Submitted by John Paul Garcia, three pages of proposed wording for easements for 523 Carrington Road, proposed resubdivision.
Exhibit 3C – Email from David Nafis of Nafis & Young Engineers, Inc., dated May 28, 2009, Re: Review of revised plans dated April 29, 2009, for 523 Carrington Road, 3-Lot Resubdivision.
Exhibit 3D – Letter from SCC Regional Water Authority dated June 3, 2009, Re: Review of revised plans dated April 29, 2009, for 523 Carrington Road.
Exhibit 3E – Submitted by Ken Martin, a letter from the Conservation Commission with seven pages of attachments, dated June 3, 2009, Re: Comments from review of easement language and discussions with the applicant.
Exhibit 3F – Submitted by John Paul Garcia, letter of consent for an extension of 35 days to continue the public hearing on the said application, dated June 3, 2009.

Isabel Kearns, ZEO, stated that the Inland Wetlands Commission has not acted on Inland Wetlands Application #1119 for 523 Carrington Road.

Present for this application was Mr. John Paul Garcia, P.E./L.S., who is the applicant. Mr. Garcia discussed the letter from the Regional Water Authority (Exhibit 3D) and discussed the recommendations of the Conservation Commission.

Ken Martin, Chairman of the Conservation Commission, handed out a packet to the Commission Members (Exhibit 3E) and discussed the information with the Commission. Mr. Martin stated the Conservation Commission was not aware of the RWA request (Exhibit 3D) and Mr. Martin needs to discuss this further with the Conservation Commission.

Chairman Huxley stated she had a conversation with the Town Attorney pertaining to the language for the bonding for all public improvements for the subdivision and she will forward this information to Mr. Garcia.

Chairman Huxley then asked if there were any comments from the public. There were no comments.

Mr. Garcia submitted an extension of 35 days to continue the public hearing (Exhibit 3F).

At 8:32 p.m., Chairman Huxley recessed the public hearing on the subject application until the next regular meeting scheduled for July 1, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.





· 80 Litchfield Turnpike (Double H Farm), Application #2009-012 for a Special Exception Permit to operate a boarding stable and training facility

At 8:33 p.m., Chairman Huxley called to order the public hearing on Application #2009-012. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.

Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Letter from SCC Regional Water Authority, dated May 11, 2009, Re: Review of application for 80 Litchfield Turnpike, indoor riding facility.
Exhibit 1B – Narrative from the Hartmann Family pertaining to the proposed commercial stable located at 80 Litchfield Turnpike.
Exhibit 1C – Email from Melissa Spear, Planning and Zoning Commission Member, dated June 3, 2009, Re: Concerned about late hours of operation and lighting for the proposed commercial boarding/riding stable, 80 Litchfield Turnpike.
Exhibit 1D – Letter from Attorney Peter Cooper, representing Ms. Nancy Lewis of 76 Litchfield Turnpike, Re: Requesting the Planning and Zoning Commission deny the Application #2009-012, 80 Litchfield Turnpike.

Present for this application was Jason Hartmann, applicant, representing himself and his family. Mr. Hartmann briefly reviewed the proposed activity and stated there would be no employees living on the property and there will be no changes made to the current property.

Some Commission Members had a question or concern pertaining to the following:
· How many horses total on the property are you asking for? (Mr. Hartmann replied 12.)
· Will there be any additional lighting? (Mr. Hartmann replied no.)
· Will you be storing trailers on the property? (Mr. Hartmann replied only his personal trailers.)
· Are you asking for a sign? (Mr. Hartman replied not at this time.)

Chairman Huxley then asked if there were any comments from the public. The following people commented:

a) Attorney Peter Cooper, representing Ms. Nancy Lewis of 76 Litchfield Turnpike – Attorney Cooper submitted a letter (Exhibit 1D) and reviewed this letter with the Commission. Attorney Cooper expressed Ms. Lewis’s concerns about the vehicle lights from cars visiting the property, the uncontrolled number of boarders, parking issues, and dust and runoff from the dirt paddock area.

Chairman Huxley asked Isabel Kearns, ZEO, to research the parking standards to determine if the subject property would be able to accommodate the parking.




Chairman Huxley asked Mr. Hartmann if he would be willing to look at screening on the south side of the property to block vehicle lights from Ms. Lewis’s property. Mr. Hartmann stated he is willing to place screening in that area.

At 9:24 p.m., Chairman Huxley recessed the public hearing on the subject application until the next regular meeting scheduled for July 1, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.


NEW BUSINESS

1. 22 Tollgate Road, Application #2009-013 submitted by Sal Pontillo for a Home Occupation Permit to operate an office for a mobile dog grooming service – Present for this application was Sal Pontillo, applicant and owner of record. The Commission received the application. Isabel Kearns, ZEO, stated that the QVHD would not sign off until the DEP approval because the applicant is dumping grey water at State of Connecticut dumping stations (see letter from applicant submitted June 1, 2009). The Commission discussed and proceeded to deliberate. It was moved by Shea and seconded by Adelberg to authorize Isabel Kearns, ZEO, to issue a Home Occupation Permit for Application #2009-013 submitted by Sal Pontillo to operate an office for a mobile dog grooming service upon approval from the State of Connecticut Department of Environmental Protection and Quinnipiack Valley Health District and with the condition there will be no disposal of water on the site, which is 22 Tollgate Road.
Unanimous approval.

2. 369 Bethmour Road, Application #2009-014 submitted by Margaret Duke for a Home Occupation Permit to operate a recording studio – No one was present for this application. The Commission received the application. Isabel Kearns, ZEO, will contact the applicant to inform Ms. Duke she needs to be present at the next regular meeting, July 1, 2009, to answer questions from the Commission concerning this application. Tabled.

3. 19 Mesa Drive, Application #2009-015 submitted by Yucheng Zhan for a Home Occupation Permit to operate an office for Information Technology Services & Consulting, Internet Marketing & Sales, Investment Consulting – No one was present for this application. The Commission received the application. Commission members discussed and proceeded to deliberate. It was moved by Shurtleff and seconded by Shea to approve the following resolution for Application #2009-015:

Whereas, Yucheng Zhan owner of 19 Mesa Drive, applied to the Planning and Zoning Commission for a home occupation permit to operate a home office for computer services and consulting;





Whereas, the Commission at its regular meeting of June 3, 2009, considered the statement of use, narrative, testimony and other pertinent application information relating to this home occupation application;

Now Therefore, the Commission makes the following findings of fact and decision regarding this application:

1) Lynn Fox, Quinnipiack Valley Health District representative signed off on the back of the application form on May 28, 2009, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on May 28, 2009, approving the application.

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4(b) of the Town of Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves the application of Yucheng Zhan to operate an office for computer service and consulting in his home as outlined in the Statement of Use and upon confirmation that no inventory will be kept at the premises at 19 Mesa Drive.
Unanimous approval.


OLD BUSINESS

1. 523 Carrington Road, Application #2009-001 submitted by John Paul Garcia for a Special Exception Permit for one rear lot – Hearing continued to July 1, 2009. Tabled.

2. 523 Carrington Road, Application #2009-002 submitted by John Paul Garcia for a Three-Lot Resubdivision with waiver requests for the provision of open space and a water source for fire protection – Hearing continued to July 1, 2009. Tabled.

3. 80 Litchfield Turnpike, Application #2009-012 submitted by Jas R. Hartmann (Double H Farm) for a Special Exception Permit to operate a boarding stable and riding lessons – Hearing continued to July 1, 2009. Tabled.

4. Bethany Volunteer Fire Department revised Water Source Specifications – The ZEO will contact Mike Katzmark, Representative for the BVFD. Tabled.

5. Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Mr. Peck will gather more information on windmills and work with the Clean Energy Task Force. Tabled.

6. Town Plan Revision – Discussion and possible action – Hiram Peck, Planning Consultant, Tabled.

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



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

9. Proposed Ordinance Establishing Citation Procedures and Fines for Zoning Violations – Isabel Kearns, ZEO, stated that the proposed ordinance is scheduled to go to a Town Meeting. Tabled.

10. Update on Halter Estates – Tabled.



It was moved by Shurtleff and seconded by Shea to adjourn the regular meeting at 9:30 p.m.
Unanimous approval.

Respectfully submitted,



Antonia Marek, Clerk
For the Planning and Zoning Commission Page 1 of 7
BOARD OF SELECTMEN
JUNE 8, 2009
Page 1 of 2

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

Guests: Janet Brunwin, James Stirling, Donald Shea, Guy Yale, Judy Yale, Ruth Barnes, Richard Barnes, Attorney Kevin McSherry joined the meeting at 7:55 p.m.

First Selectwoman Gorski called the meeting to order at 7:37 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 ask 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 May 11, 2009. The motion of approval was moved by Selectman Briggs and seconded by First Selectwoman Gorski. The minutes were then approved on a unanimous vote without change.

APPOINTMENTS TO BOARDS AND COMMISSIONS
Appointments to Boards and Commissions as listed on the agenda were tabled for this meeting, as the appointees have not submitted resumes’.

TAX REFUNDS
First Selectwoman Gorski explained to the Board the large refund to Gelco for overpayment of taxes. Gelco was a car business on Old Amity Road. The cars at this business were all registered in Bethany. When the business failed a refund was due to the owner for each car. The Assessor calculated the amount of refund due. Selectman Thornquist then moved to refund to ADP the sum of $950.57, to Citimortgage the sum of $48.78, to Gelco the sum of $25,690.88 and to Justin Robinson the sum of $1.70 all for overpayment of taxes. Selectman Briggs seconded the motion. The vote taken was unanimous.

TAX DEFERAL
Rosalind Wald requests a deferred collection of real estate taxes coming due on her property at 20 Knollwood Drive. The Tax Collector has reviewed her payment history of taxes due to the Town of Bethany and finds that she has paid all previous taxes and has already started payment of the upcoming year’s tax. In light of the request Dave Forman recommends that the Board of Selectmen grant this request per Connecticut Statute 12-174. Following discussion Selectman Thornquist moved a motion to accept the recommendation of the Tax Collector. Selectman Briggs seconded the motion. The vote taken was unanimous.

LAKEVIEW LODGE – FEE WAIVER REQUEST
James Stirling was present to request a waiving of fees for use of the Lakeview Lodge to hold an organizational meeting at the Lakeview Lodge on July 2, 2009 for the possibility of forming a
Bethany/Beacon Falls Rotary Club. Following a brief discussion a motion to waive the fee for this meeting for use of the Lakeview Lodge on July 2, 2009 was moved by Selectman Thornquist and seconded by Selectman Briggs. The vote was called. The vote taken was unanimous.

AMITY SURPLUS
Janet Brunwin was present to discuss with the Selectmen the Amity surplus. Janet explained how this $1,000,000 surplus happened. Some of the savings has come from refinance of the debt service. Some of the money was found in the construction audit for the building/renovation projects, and the rest in the operating budget in premium savings. The Finance Committee did at their meeting outline projects that some of the savings could be spent on. Janet wanted input from the Selectmen as to their opinion on use of this money. All Selectmen agreed in this financial climate that unless some of the projects outlined could save a lot of money in the future to be completed now, than the money should be returned to the towns, as the towns also have put off needed projects to finance school building/renovation projects.

PROBATE COURT CONSOLIDATION
Judge Guy Yale was present to discuss with the Selectmen consolidation of the Probate Courts. The State has voted to consolidate the 117 courts down to 40 of 50 for the entire state. This would put Bethany with other towns making a court that would oversee approximately 60,000 people. The individualized care would be lost. We would be then assessed a per capita cost and records would go to a central location.

CORRESPONDENCE
Correspondence has been received from Bethridge Road residents regarding continued noise at Laticrete. The residents have indicated that the noise is better, however they are still meeting with Laticrete on this matter.

OTHER
Richard and Ruth Barnes were present to inquire about the completion of their cemetery deed.

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


Respectfully submitted,


June G. Riley
Secretary, Board of Selectmen

Friday, June 5, 2009

BOARD OF SELECTMEN
MONDAY, JUNE 8, 2009
7:30 P.M.
CONFERENCE ROOM, BETHANY TOWN HALL


AGENDA

CALL TO ORDER

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES

A. MAY 11, 2009

NEW BUSINESS

TAX REFUNDS
TAX DEFERALS
USE OF LAKEVIEW LODGE – WAIVE FEE
AMITY SURPLUS – JANET BRUNWIN
APPOINTMENTS TO BOARDS AND COMMISSIONS
PROBATE COURT


CORRESPONDENCE

ANY OTHER MATTER PROPER TO COME BEFORE THE MEETING

ADJOURNMENT
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION
REGULAR MEETING OF TUESDAY, MAY 26, 2009 Page 1 of The regular meeting of the Inland Wetlands Commission was called to order at ______ 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
Alexandra Breslin, Vice-Chairman
John Kane, Member
Jon Painter, Member
Jack Ellison, Member
Kristine Sullivan, Alternate Member

The following members of the Commission were absent:





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


APPROVAL OF MINUTES

1. It was moved by ________ and seconded by _______ to approve, as submitted, the minutes of the March 23, 2009, Regular Meeting.
Unanimous approval.

2. It was moved by ______ and seconded by ________ to approve, as submitted, the minutes of the April 11, 2009, Special Meeting/Site Visit.
Unanimous approval.

3. It was moved by _______ and seconded by _______ to approve, as submitted, the minutes of the April 27, 2009, Regular Meeting.


GENERAL CORRESPONDENCE

1. Letter from Isabel Kearns, IW Agent, to Mary Ellen Unger of 82 Russell Road, dated May 5, 2009, Re: Notice of Violation, creation of trails within the conservation area, 82 Russell Road.
2. Letter from RWA dated May 21, 2009, Re: Review of application for 523 Carrington Road, Three-lot subdivision.
3. Letter from DTC dated May 26, 2009, Re: Review of revised plans dated April 29, 2009, for 523 Carrington Road, Woodland Farm Resubdivision.
4. Letter from RWA dated May 18, 2009, Re: Review of application for 212 Fairwood Road, addition on porch and deck on single family dwelling.


5. Letter form The Connecticut Land Conservation Council, dated April 2009, Re: Requesting financial support for 2009.


NEW BUSINESS

1. Edwards Road, Application #1126 submitted by Connwood Foresters, Inc./Connecticut Water Company for an IW Permit for a temporary intermittent stream crossing – Present for this application was
The Commission received the application.







2. 82 Russell Road (Mary Ellen Unger), Letter of Violation dated May 5, 2009, Trail in vicinity of the proposed barn within the conservation area –



3. 184 Sperry Road (Liz Doering), Discuaaion pertaining to jurisdictional ruling for proposed grading in backyard –






OLD BUSINESS

1. 523 Carrington Road (Woodlot Farm), Application #1119 submitted by John Paul Garcia for an IW Permit for a Three-Lot Resubdivision – Present for this application was John Paul Garcia, P.E./L.S., applicant. Some of the Commission members conducted a site visit on April 11, 2009. The Commission would like the applicant to access the lots with one common driveway for safety reasons and to eliminate extra runoff. Mr. Garcia reviewed with the Commission the letter from Diversified Technology Consultants, dated April 24, 2009. Mr. Garcia will revise the plans and resubmit them to DTC for comments. Tabled.

2. 212 Fairwood Road, Application #1124 submitted by Nancy Monocchi for a Site Plan to extend the existing sun porch/accessory building – No one was present for this application.
The Commission received the application. The Commission reviewed the application with the IWEO. The Commission authorized the IWEO to work with the applicant and supervise the proposed activity before the permit is issued. Tabled.



3. 171 Amity Road, Application #1125 submitted by The Learning Collaborative – Gina McCaffrey) for a Site Plan to construct fire escapes, sidewalks, generator pad and apron – Present for this application was Gina McCaffrey, applicant and owner of record. The Commission received the application. Ms. McCaffrey reviewed with the Commission the proposed activity. The Commission was concerned with the runoff from the roof in the back of the building on the southwest corner of the property travelling down slope into the wetlands. The applicant will work with the IWEO to direct the position of the runoff to stop any erosion. The IWEO will report back to the Commission at the next regular meeting. Tabled.



4. 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 – Tabled.
5. 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 – Tabled.

6. 185 Fairwood Road, Reconvene “Show Cause” Hearing pertaining to the Cease & Restore Order Issued to William Grieger, dated May 1, 2007 – Tabled.

7. 185 Beacon Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Restore Order Issued to Daniel Cusano, dated June 20, 2006 – Tabled.

8. 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 – Tabled.

9. Continue review and adoption process for the new Inland Wetlands Regulations (Adopt new Inland Wetlands Regulations at the same time as proposed Stormwater Regulations.) – The Commission scheduled a Special Meeting for Tuesday, May 19, 2009, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.




It was moved by ________ and seconded by ________ to adjourn the regular meeting at ______ p.m.
Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
for the Inland Wetlands Commission



4
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION SPECIAL MEETING OF TUESDAY, MAY 19, 2009 Page 1 of 2The special meeting of the Inland Wetlands Commission was called to order at 7:50 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 8:34 p.m.
Alexandra Breslin, Vice-Chairman
Jon Painter, Member
Kristine Sullivan, Alternate Member

The following members of the Commission were absent:
Jack Ellison, Member
John Kane, Member

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

The purpose of the special meeting was to review, discuss and take appropriate action regarding updating the existing Inland Wetlands and Watercourses Regulations of the Commission.

Using the model regulations formulated by the State Department of Environmental Protection and the adopted regulations from the Town of Woodbridge, Commission members commented and made revisions as follows:

1) Use Woodbridge’s regulations as a starting point
2) Sect. 7.5 (h) delete requirement for “return receipt” mailing
3) Sect. 7.5 (n) Add a new provision giving us flexibility to waive application requirements based on language in our existing regulations
4) Sect. 2 – Definitions “Regulated activity” Change upland review area from 100’ to 150’
5) Isabel Kearns, IW Agent, is going to get language from Oxford P&Z regulations for us to adapt in a statement regarding submission of digital wetlands delineations performed by Soil Scientist. To be included in Section 3 or in Section 7.5 as a conditional Application Requirement?
6) Include DEP Guide to Upland Review as appendix to regulations

The Commission will discuss the proposed regulations further at the next regular meeting scheduled for May 26, 2009.

There being no further business to come before the Commission, it was the consensus of the Commission to adjourn at 9:28 p.m.

Respectfully submitted,


Antonia Marek, Clerk
For the Inland Wetlands Commission
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, MAY 6, 2009 Page 1 of 9


The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Commission members were present:
Melissa Spear, Vice-Chairman, Acting as Chairman
John Ford, Member
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member
Nelly Rabinowitz, Alternate Member
Donald Shea Jr., Alternate Member, seated as a regular member.

The following Commission member was excused:
Sharon Huxley, 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 Shea and seconded by Winer to approve the minutes of the April 1, 2009, Regular Meeting.
Voting were Spear, Ford, Shurtleff, Winer, Shea.
Unanimous approval.

2. It was moved by Shea and seconded by Winer to approve the minutes of the April 6, 2009, Special/Joint Meeting of the Bethany Planning and Zoning Commission, Inland Wetlands Commission, Conservation Commission and Zoning Board of Appeals.
Voting were Spear, Shurtleff, Winer, Shea.
Unanimous approval.

3. It was moved by Ford and seconded by Shea to approve, with the following corrections, the minutes of the April 15, 2009, Special Meeting:
· Page 1, Sixth Paragraph, First Sentence – Reads “Hiram Peck, Planning Consultant, prepared a power point presentation pertaining to the revised POCD.” change to “Hiram Peck, Planning Consultant, prepared a Power Point presentation pertaining to the revised POCD.”
· Page 2, First Paragraph, First Sentence – Reads “Some public residents present” change to “Some residents present”.
Voting were Spear, Ford, Shurtleff, Winer, Shea.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Nafis & Young, dated April 20, 2009, Re: Review comments on plans dated March 26, 2009, for Woodlot Farm, 523 Carrington Road.
2. Letter from John Paul Garcia, dated April 21, 2009, Re: Withdrawing request for a waiver of open space for 523 Carrington Road, Resubdivision.
3. Letter from Michael Katzmark, Representative for the BVFD, dated April 22, 2009, Re: Review of plans for 523 Carrington Road, with attached sheet entitled “Tanker Shuttle vs. In Ground Tank for Firefighting”.
4. Letter from QVHD, dated April 1, 2009, Re: Review comments for 845 Carrington Road, Horse Manure Compost Operation.
5. Copy of Inland Wetlands Permit #1122, approved April 27, 2009, for 845 Carrington Road, Site Plan to compost horse manure.
6. Letter from The Hartmann’s, submitted April 6, 2009, Re: Statement of Use for proposed boarding and training facility located at 80 Litchfield Turnpike.
7. Letter from the Inland Wetlands Commission, dated May 4, 2009, Re: No IWC action required for proposed activity at 80 Litchfield Turnpike.
8. Letter from Elizabeth Doering of 184 Sperry Road, dated April 16, 2009, Re: Request to construct a building on my property for the sole purpose of raising and training my horses.

Present for this discussion was John Paul Garcia, P.E./L.S. representing Ms. Liz Doering, who was also present. Mr. Garcia stated that after reviewing the Zoning Regulations, Section 4.3.e, this proposed activity appears to be an as of right and that Ms. Doering is willing to deed restrict the property for having no commercial operations. The Commission had concerns with the size of the proposed structure, the setback issue and the lot size issued. It was the consensus of the Commission that the property owner must place a deed restriction on the application that no more than 2 to 3 horses owned by the owner of the property, file a condition with the Zoning Board of Appeals there will be no commercial operation and Mr. Garcia has committed to come before the Planning and Zoning Commission for review after submitting to the Zoning Board of Appeals.

9. Letter from Michael Katzmark, Representative for the BVFD, dated April 16, 2009, Re: Requirements for driveway located at 892 Amity Road.
10. Referral from Council of Governments of the Central Naugatuck Valley dated April 24, 2009, Re: Beacon Falls proposed amendments to the Zoning Regulations and Plan of Conservation and Development.


PUBLICATIONS AND WORKSHOPS

1. Connecticut Technology Transfer, Spring 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 April 2009, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.

2. It was moved by Winer and seconded by Shurtleff to approve the payment of $95.00 to John McLeod (court stenographer) for recording services at the meeting of April 1, 2009 (523 Carrington Road).
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT

Isabel Kearns, ZEO, stated that the “Ordinance Establishing Citation Procedures and Fines for Zoning Violations” is going to a Town Meeting in the next few months.


PUBLIC HEARINGS

· 523 Carrington Road (Woodlot Farm), Application #2009-001 for a Special Exception Permit for one rear lot and Application #2009-002 for a Three-Lot Resubdivision with waiver requests for open space and fire protection submitted by John Paul Garcia

At 8:08 p.m., Acting-Chairman Spear called to order the continuation of the public hearing on Applications #2009-001 and #2009-002. The public hearing commenced on April 1, 2009.

Acting-Chairman Spear then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 2A – Letter from Nafis & Young, dated April 20, 2009, Re: Review comments on plans dated March 26, 2009, for Woodlot Farm, 523 Carrington Road.
Exhibit 2B – Letter from John Paul Garcia, dated April 21, 2009, Re: Withdrawing request for a waiver of open space for 523 Carrington Road, Resubdivision.
Exhibit 2C – Letter from Michael Katzmark, Representative for the BVFD, dated April 22, 2009, Re: Review of plans for 523 Carrington Road, with attached sheet entitled “Tanker Shuttle vs. In Ground Tank for Firefighting”.

Present for this application was Mr. John Paul Garcia, P.E./L.S., who is the applicant. Mr. Garcia stated at the last hearing the Commission requested an alternate plan with a common driveway. Mr. Garcia submitted a plan entitled, “Alternate 1, Proposed Site Plan of Woodlot Farm” dated April 2, 2009. Also, Mr. Garcia submitted a revised set of plans, revised to April 29, 2009, and stated the revised plans were sent out to Nafis and Young and the Regional Water Authority for
comments, and that the Inland Wetlands Commission has not acted on the application at this time.


Isabel Kearns, ZEO, stated she has not reviewed the revised plans at this time.

Ken Martin, Chairman of the Conservation Commission, is working with Mr. Garcia on the Open Space set aside.

The Commission would like to review draft easements. (Driveway, Utility, Open Space) Mr. Garcia will prepare and submit.

Acting-Chairman Spear then asked if there were any comments from the public. There were no comments.

Mr. Garcia submitted a letter of consent to an extension of time for 30 days for the Commission to continue the public hearing.

At 8:28 p.m., Acting-Chairman Spear recessed the public hearing until the next regular meeting scheduled for June 3, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.


· 845 Carrington Road, Application #2009-009 for a Zoning Permit for an additional use to compost horse manure and Application #2009-010 for a Special Exception Permit to modify the existing permit for horse manure storage including site plan showing the location of the manure pile submitted by Acorn Traders LLC

At 8:29 p.m., Acting-Chairman Spear called to order the public hearing on Applications #2009-009 and #2009-010. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.

Acting-Chairman Spear then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Letter from QVHD, dated April 1, 2009, Re: Review comments for 845 Carrington Road, Horse Manure Compost Operation.
Exhibit 1B – Copy of Inland Wetlands Permit #1122, approved April 27, 2009, for 845 Carrington Road, Site Plan to compost horse manure.

Present for this application was Theron Simons, co-owner of Acorn Traders. Mr. Simons stated he is proposing a horse manure composting site with the facility that exists. Mr. Simons also stated he has conversed with the DEP and RWA pertaining to the area that was approved for grinding and changing it to composting horse manure and that this is a DEP activity and will be regulated and approved by DEP.

Some Commission Members had a question or concern pertaining to the following:
How long before you hear from the DEP on approval? (Theron responded the DEP will not give a timeline.)


What do you do when the compost pile gets really wet? (Theron responded the manure is constantly being turned and the rotation of the piles will change the moisture.)
What if there is no rain and the manure dries out? (Theron responded there is a pond on the property to draw water from.)

Acting-Chairman Spear then asked if there were any comments from the public. There were no comments.

At 8:49 p.m., Acting-Chairman Spear closed the public hearing on the subject application.


NEW BUSINESS

1. 562 Amity Road, Apt. C, Application #2009-011 submitted by Gideon Van Heerden for a Home Occupation Permit to operate an office for Gideon’s Contracting – Present for this application was Gideon Van Heerden, applicant. The Commission received the application. Mr. Van Heerden stated he was opening a business until he finds a full time job. Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2009-011:

Whereas, Gideon Van Heerden of 562 Amity Road, applied to the Planning and Zoning Commission for a home occupation permit to operate a home office for an electrical and carpentry contracting service on May 6, 2009;

Whereas, the Commission at it’s regular meeting of May 6, 2009, considered the statement of use, narrative, testimony and other pertinent application information relating to this home occupation application;

Now Therefore, the Commission makes the following findings of fact and decision regarding this application:

1) Lynn Fox of Quinnipiack Valley Health District signed off on the back of the application form indicating her approval on May 1, 2009.
2) Rod White, Fire Marshal, signed off on the back of the application form on May 1, 2009, indicating his approval.

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4(b) of the Town of Bethany Zoning Regulations, effective September 15, 2008, the Bethany Planning and Zoning Commission approves the application of Gideon Van Heerden to operate a home office for an electrical and carpentry contracting service at 562 Amity Road as outlined in the Statement of Use dated March 31, 2009. Unanimous approval.




2. Discussion to authorize Karen Walton, Land Use Assistant, to enforce the Zoning Regulations and have the authority to follow the procedures set forth in Section 8-12 of the CT General Statutes – Isabel Kearns, ZEO, stated Karen Walton, Land Use Assistant, has completed and passed the Connecticut Zoning Enforcement Technician Program and is now a Technician. Isabel also stated Karen needs to do a case study so she can become a Zoning Enforcement Officer and needs authorization from the Commission to enforce the Zoning Regulations. It was moved by Shea and seconded by Shurtleff to authorize Karen Walton, Land Use Assistant, to enforce the Zoning Regulations and to have the authority to follow the procedures set forth in Section 8-12 of the Connecticut General State Statutes. Unanimous approval.

3. 80 Litchfield Turnpike, Application #2009-012 submitted by Jas R. Hartmann (Double H Farm) for a Special Exception Permit to operate a boarding stable and riding lessons – No one was present for this application. The Commission received the application. Isabel Kearns, ZEO, recommended that the Commission schedule a public hearing. The Commission scheduled a public hearing for this application at the next regular meeting on June 3, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Unanimous approval.


OLD BUSINESS

1. 523 Carrington Road, Application #2009-001 submitted by John Paul Garcia for a Special Exception Permit for one rear lot – Hearing continued to June 3, 2009. Tabled.

2. 523 Carrington Road, Application #2009-002 submitted by John Paul Garcia for a Three-Lot Resubdivision with waiver requests for the provision of open space and a water source for fire protection – Hearing continued to June 3, 2009. Tabled.

3. 845 Carrington Road, Application #2009-009 submitted by Acorn Traders, LLC for a Zoning Permit for an additional use to compost horse manure – Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2009-009:

Whereas, Acorn Traders, LLC applied on April 1, 2009, to the Bethany Planning and Zoning Commission for a Zoning Permit for an additional use to compost horse manure (Application #2009-009) at 845 Carrington Road;

Whereas, Acorn Traders, LLC also applied on April 1, 2009, for a Special Exception Permit to modify the existing permit for manure storage including a site plan showing the location of the manure pile (Application #2009-010) in conjunction with this application;




Whereas, the Commission at its meeting of May 6, 2009, considered the Statement of Use dated March 31, 2009, testimony and other pertinent application information relating to this additional use;

Now Therefore, the Commission makes the following findings of fact and decision regarding this application:

1) The Commission received a letter dated March 23, 2009, from the South Central Connecticut Regional Water Authority in which Ronald Walters offered the following comments: 1) Erosion controls should be installed prior to any site work. They should be inspected weekly and after each rainfall. Additional controls should be stored on site for any necessary repairs. 2) The activity should comply with the DEP general permit and the DPH regulations regarding the manure storage.
2) Inland Wetlands Permit #1122 has been issued for this site development, which was approved on April 27, 2009.
3) Lynn Fox of Quinnipiack Valley Health District signed off on the back of the application form indicating her approval on April 1, 2009.
4) Rod White, Fire Marshal, signed off on the back of the application form indicating his approval on May 1, 2009.

Now Therefore Be It Resolved, that pursuant to Section 5.1A of the Town of Bethany Zoning Regulations, effective September 15, 2008, the Bethany Planning and Zoning Commission approves the Zoning Permit for an additional use to compost horse manure (Application #2009-009) based on the following plans prepared by Civil C1, Woodbury, Connecticut:

a) “Site Plan, Grading Plan, Erosion Control Plan, Drainage Plan”, dated March 20, 2009, with no revisions.
b) “Details”, dated March 20, 2009, with no revisions.
c) “Erosion Control & Stormwater Pollution Control Narrative”, dated March 20, 2009, with no revisions.

And with the following conditions:

1) All previous conditions of approval remain in full force and effect.
Unanimous approval.

4. 845 Carrington Road, Application #2009-010 submitted by Acorn Traders, LLC for a Special Exception Permit to modify the existing permit including site plan – Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Shurtleff and seconded by Winer to approve the following resolution for Application #2009-010:




Whereas, Acorn Traders, LLC applied on April 1, 2009, to the Bethany Planning and Zoning Commission for a Special Exception Permit to modify the existing permit for manure storage including a site plan showing the location of the manure pile (Application #2009-010) at 845 Carrington Road;

Whereas, the Commission opened a public hearing on May 6, 2009 for this Special Exception Permit, which is being applied for in conjunction with Application #2009-009 for an Additional Use Permit to compost horse manure;

Whereas, the public hearing was closed on May 6, 2009, at the conclusion of testimony that evening;

Whereas, the Commission also at its meeting of May 6, 2009, considered the Statement of Use dated March 31, 2009, testimony and other pertinent application information relating to this Special Exception Permit;

Now Therefore, the Commission makes the following findings of fact and decision regarding this application:

The Commission received a letter dated March 23, 2009, from the South Central Connecticut Regional Water Authority in which Ronald Walters offered the following comments: 1) Erosion controls should be installed prior to any site work. They should be inspected weekly and after each rainfall. Additional controls should be stored on site for any necessary repairs. 2) The activity should comply with the DEP general permit and the DPH regulations regarding the manure storage.
Inland Wetlands Permit #1122 has been issued for this site development, which was approved on April 27, 2009.
Lynn Fox of Quinnipiack Valley Health District signed off on the back of the application form indicating her approval on April 1, 2009.
Rod White, Fire Marshal, signed off on the back of the application form indicating his approval on May 1, 2009.

Now Therefore Be It Resolved that pursuant to Section 5.2.B.7 of the Town of Bethany Zoning Regulations, effective September 15, 2008, the Bethany Planning and Zoning Commission approves the Special Exception Permit to modify the existing permit for manure storage including a site plan showing the location of the manure pile based on the following plans prepared by Civil C1, Woodbury, Connecticut:

a) “Site Plan, Grading Plan, Erosion Control Plan, Drainage Plan”, dated March 20, 2009, with no revisions.
b) “Details”, dated March 20, 2009, with no revisions.
c) “Erosion Control & Stormwater Pollution Control Narrative”, dated March 20, 2009, with no revisions.



And with the following conditions:
1) All previous conditions of approval remain in full force and effect.
Unanimous approval.

5. Bethany Volunteer Fire Department revised Water Source Specifications – The ZEO will contact Mike Katzmark, Representative for the BVFD. Tabled.

6. Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Mr. Peck will gather more information on windmills and work with the Clean Energy Task Force. Tabled.

7. Town Plan Revision – Discussion and possible action – Hiram Peck, Planning Consultant, handed out to Commission members a list of POCD public comments from the meeting of April 15, 2009, that the Commission may want to discuss. Tabled.

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

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

10. Proposed Ordinance Establishing Citation Procedures and Fines for Zoning Violations – Isabel Kearns, ZEO, stated that the proposed ordinance is scheduled to go to a Town Meeting. Tabled.

11. Update on Halter Estates – Tabled.



It was moved by Shurtleff and seconded by Shea to adjourn the regular meeting at 9:35 p.m.
Unanimous approval.

Respectfully submitted,



Antonia Marek, Clerk
For the Planning and Zoning Commission
MINUTES OF THE SPECIAL MEETING OF THE BETHANY PLANNING AND ZONING COMMISSION ON WEDNESDAY, APRIL 15, 2009 Page 1 of 2



The special meeting of the Planning and Zoning Commission was called to order at 7:30 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
Melissa Spear, Vice-Chairman
John Ford IV, Member
Mary Shurtleff, Member
Patricia Winer, Member
Donald Shea Jr., Alternate Member

The following Commission members were excused:
Marc Adelberg, Alternate Member
Nellie Rabinowitz, Alternate Member

Also present were:
Hiram Peck, Town Planning Consultant
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Land Use Assistant
Kenneth Martin, Chairman of the Conservation Commission


· Public Meeting to discuss the revised Plan of Conservation and Development and the Open Space Plan.

Chairman Huxley stated this is an informational meeting and not a public hearing.

Hiram Peck, Planning Consultant, prepared a power point presentation pertaining to the revised POCD. Mr. Peck stated the Commission is soliciting public input and would like to receive comments and integrate them into the Plan.

Conservation Commission held a special meeting in conjunction with the Planning and Zoning Commission. Ken Martin, Chairman of the Conservation Commission, reviewed the draft Open Space Plan.

Some of the public commented on the following:
· Page 30, Letter f. – Should this be in this Section? Sentence above Letter a. reads “Bethany has also completed the following municipal improvements and additions.”
· Page 26, Village District Criteria – Choose 8 Village Districts, how did you come up with those eight and what are the size factors.
· How do you get on the Village District list?
· Page 30, under municipal facilities there is no mention of the recreational facility review that was done by the Yale Urban Design Workshop and the Airport Steering Committee.
· Page 30, under municipal facilities the Veteran’s Memorial Park now has a playground.
· Page 14, Letter d. – Encouraging people to come in and allow mixed use. Do not understand what the Commission is trying to do.
· Concerned about what the Town is going to allow for new construction in Village Districts.



· Concerned about Page 26, Village District #4 and #5 – bookending streets and homes in between.
· Concerned about Page 20, Road Policies, Item #3 – Recommend change to 24 feet.
· None of the Airport property be part of the Village District.

Some public residents present brought up their concern for the application submitted for affordable elderly housing on the Airport Property. (Application was withdrawn) Derry Gorski, First Selectman, reviewed the application that was being proposed and stated the application has been withdrawn and is no longer viable.

The public was encouraged to submit written comments on the POCD and these comments will be submitted to the Commission.

Chair Huxley thanked everyone for attending the meeting and getting involved.

Chairman Huxley adjourned the Special Meeting at 9:35 p.m.
Unanimous approval.

Respectfully submitted,


Antonia Marek, Clerk
For the Planning and Zoning Commission
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION
REGULAR MEETING OF MONDAY, APRIL 27, 2009 Page 1 of 5


The regular meeting of the Inland Wetlands Commission was called to order at 7:55 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
Alexandra Breslin, Vice-Chairman
Jack Ellison, Member
Kristine Sullivan, Alternate Member

The following members of the Commission were absent:
John Kane, Member
Jon Painter, Member

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


APPROVAL OF MINUTES

The Commission did not vote on the March 23, 2009 minutes because there were not enough members present at this meeting that were at the March 23, 2009, Regular Meeting.


GENERAL CORRESPONDENCE

1. Narrative from Connwood Foresters, Inc., dated March 3, 2009, Re: Notice of Timber Harvesting Operations in Bethany and Prospect.
2. Wetland Delineation Report prepared by Evans Associates Environmental Consulting, Inc., dated April 21, 2009, for the property located at 171 Amity Road, The Learning Collaborative Property.
3. Letter from Isabel Kearns, IW Agent, to Daniel Cusano of 185 Beacon Road, dated March 30, 2009, Re: Obtaining services of a Soil Scientist and an A-2 Survey for application for 185 Beacon Road.
4. Letter from Shauna Cusano of 185 Beacon Road, dated April 10, 2009, Re: Withdrawal of Application #1118 for 185 Beacon Road to construct a 24’ by 25’ building.
5. Letter from DTC, dated April 24, 2009, Re: Review of revised plans for Woodland Farm Resubdivision, 523 Carrington Road.
6. Letter from Derrylyn Gorski, First Selectwoman, dated March 31, 2009, Re: Withdrawal of Application #1120 (Mutual Housing Association), 761 Amity Road.
7. Letter from SCCRWA dated April 13, 2009, Re: Review of application for 36 Amity Road, reconstruction of garage and outbuilding.
8. Letter from Isabel Kearns, IW Agent to Ronald Bathrick owner of 226 Fairwood Road, dated March 31, 2009, Re; Notice of Violation, silt fence on north side not trenched at 226 Fairwood Road.
9. Letter from Isabel Kearns, IW Agent to Mark D’Andrea owner of 161 Falls Road, dated March 31, 2009, Re: Notice of Violation, anti tracking pad missing at end of existing driveway entrance at 161 Falls Road.


10. Letter from State of CT, DEP, dated March 19, 2009, Re: Copies of the DEP Status and Trends Report and Training Program Summary Report for 2005.

PUBLICATIONS AND WORKSHOPS

1. Connecticut Federation of Lakes, CFL News, April 2009.
2. The Habitat, CACIWC, Winter 2009.

NEW BUSINESS

1. 80 Litchfield Turnpike, Application #1123 submitted by Jason Hartmann for a Site Plan to operate a boarding stable with lessons, training and sales – Present for this application was Jason Hartmann, applicant. Isabel Kearns, IWEO, stated he is not building or constructing anything. The Commission concluded that there was no IWC action required for the proposed activity. The Commission will send a letter to the Planning and Zoning Commission that no Inland Wetlands action is required.

2. Discussion pertaining to jurisdiction for the planned forest harvesting operation scheduled to occur on property owned by The Connecticut Water Company in the Town of Bethany and Prospect – No one was present for this discussion. A narrative from Connwood Foresters, Inc., dated March 3, 2009, Re: Notice of Timber Harvesting Operations in Bethany and Prospect was received. The Commission reviewed and concluded there is a stream crossing being proposed and a permit is required. The IWEO will communicate to Connwood Foresters, Inc., that an IW application is required.

3. 212 Fairwood Road, Application #1124 submitted by Nancy Monocchi for a Site Plan to extend the existing sun porch/accessory building – No one was present for this application.
The Commission received the application. The Commission reviewed the application with the IWEO. The Commission authorized the IWEO to work with the applicant and supervise the proposed activity before the permit is issued. Tabled.

4. 171 Amity Road, Application #1125 submitted by The Learning Collaborative – Gina McCaffrey) for a Site Plan to construct fire escapes, sidewalks, generator pad and apron – Present for this application was Gina McCaffrey, applicant and owner of record. The Commission received the application. Ms. McCaffrey reviewed with the Commission the proposed activity. The Commission was concerned with the runoff from the roof in the back of the building on the southwest corner of the property travelling down slope into the wetlands. The applicant will work with the IWEO to direct the position of the runoff to stop any erosion. The IWEO will report back to the Commission at the next regular meeting. Tabled.










OLD BUSINESS

1. 185 Beacon Road, Application #1118 submitted by Daniel Cusano for an IW Permit for the construction of a 24’ by 25’ building – No one was present for this application. A letter from Shauna Cusano of 185 Beacon Road, dated April 10, 2009, Re: Withdrawal of Application #1118 for 185 Beacon Road to construct a 24’ by 25’ building. It was moved by Breslin and seconded by Ellison to accept the withdrawal of Application #1118 for 185 Beacon Road. Unanimous approval.

2. 523 Carrington Road (Woodlot Farm), Application #1119 submitted by John Paul Garcia for an IW Permit for a Three-Lot Resubdivision – Present for this application was John Paul Garcia, P.E./L.S., applicant. Some of the Commission members conducted a site visit on April 11, 2009. The Commission would like the applicant to access the lots with one common driveway for safety reasons and to eliminate extra runoff. Mr. Garcia reviewed with the Commission the letter from Diversified Technology Consultants, dated April 24, 2009. Mr. Garcia will revise the plans and resubmit them to DTC for comments. Tabled.

3. 761 Amity Road, Application #1120 submitted by the Mutual Housing Association of South Central CT, Inc. for an IW Permit to construct twelve rental senior affordable dwellings and one caretaker’s unit – No one was present for this application. A letter from Derrylyn Gorski, First Selectwoman, dated March 31, 2009, Re: Withdrawal of Application #1120 (Mutual Housing Association), 761 Amity Road. It was moved by Breslin and seconded by Ellison to accept the withdrawal of Application #1120 for 761 Amity Road. Unanimous approval.

4. 36 Carrington Road, Application #1121 submitted by Timothy Strazar (Strazar Design) for and IW Permit to replace the existing outbuilding and remove and reconstruct the existing 3-bay garage – No one was present for this application. Some of the Commission members conducted a site visit on April 11, 2009, and noted the wetlands are in a field in front of the house. The Commission discussed and proceeded to deliberate. It was moved by Breslin and seconded by Ellison to approve Application #1121 submitted by Timothy Strazar (Strazar Design) for an Inland Wetlands Permit to replace the existing outbuilding and remove and reconstruct the existing 3-bay garage in accordance with the submitted plan, untitled, submitted March 23, 2009, hand-drawn prepared by the applicant and with the standard conditions found on the Land Records Volume 93, Page 802 and Page 803.
Unanimous approval.

5. 82 Russell Road, Application #768-M-4 submitted by Mary Ellen Unger to modify the IW Permit to construct a 28’ by 40’ barn – No one was present for this application. Some of the Commission members conducted a site visit on April 11, 2009, and it was noted that ATV’s have been driving through the wetlands. The Commission asked the IWEO to communicate to the property owners through a letter what was observed at the site visit and educate them about the Conservation Area Signs posted on their property. The Commission proceeded to discuss the application and to deliberate. It was moved by McGregor and seconded by Ellison to approve Application #768-M-4 submitted by Mary Ellen Unger to modify the IW Permit to construct a 28-foot by 40-foot barn in accordance with the submitted plan, untitled, submitted March 10, 2009, with hand-drawn revisions prepared by the applicant and with the standard conditions found on the Land Records Volume 93, Page 802 and


Page 803. The Commission noted that for any future activity there can be no renewal of this permit and that a new permit will be required. This permit #768-M-4 will expire on August 21, 2010. Unanimous approval.

6. 845 Carrington Road, Application #1122 submitted by Acorn Traders for an IW Permit for a site plan to compost horse manure – Present for this application was Theron Simons and Robert Carrington, owners of record and applicants. Mr. Simon reviewed with the Commission the process of the composting and stated they are within the State guidelines. The Commission discussed and proceeded to deliberate. It was moved by Breslin and seconded by Ellison to approve Application #1122 submitted by Acorn Traders for an Inland Wetlands Permit for a site plan to compost horse manure in accordance with the following submitted plans prepared by Civil C1, Woodbury, Connecticut:
A. “Site Plan, Grading Plan, Erosion Control Plan, Drainage Plan”, dated March 20, 2009, with no revisions.
B. “Details”, dated March 20, 2009, with no revisions.
C. “Erosion Control & Stormwater Pollution Control Narrative”, dated March 20, 2009, with no revisions.
And with the following conditions in addition to the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
a) This approval is contingent upon a bond being submitted in an amount acceptable to Diversified Technology Consultants and in a form acceptable to Town Counsel.
b) All of the terms and conditions of the original permit shall remain in full force and effect.
Unanimous approval.

7. 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 – Tabled.
8. 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 – Tabled.

9. 185 Fairwood Road, Reconvene “Show Cause” Hearing pertaining to the Cease & Restore Order Issued to William Grieger, dated May 1, 2007 – Tabled.

10. 185 Beacon Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Restore Order Issued to Daniel Cusano, dated June 20, 2006 – Tabled.

11. 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 – Tabled.

12. Continue review and adoption process for the new Inland Wetlands Regulations (Adopt new Inland Wetlands Regulations at the same time as proposed Stormwater Regulations.) – The Commission scheduled a Special Meeting for Tuesday, May 19, 2009, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.






It was moved by Ellison and seconded by Breslin to adjourn the regular meeting at 9:30 p.m.
Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
for the Inland Wetlands Commission