Wednesday, September 23, 2009

BOARD OF SELECTMEN
SEPTEMBER 28, 2009
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Attendance: First Selectwoman Derrylyn Gorski, Selectman Steven Thornquist, Selectman Donald Shea
Visitors: Eric Scott, Elizabeth Scott, Mark Scott, Sharon Huxley, Carol Goldberg, Attorney Kevin McSherry
First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:35 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was check signing. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.
APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the previous meeting of August 24, 2009. The motion of approval was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.

EAGLE SCOUT PROJECT
Selectman Thornquist moved to add Eagle Scout Project to the agenda of this meeting. Selectman Shea seconded the motion. The vote taken was unanimous.

EAGLE SCOUT PROJECT
Eric Scott was present to discuss with the Selectmen an Eagle Scout project he would like to do for the Town of Bethany. He had discussed the project with Dawn Brinton and she suggested that the benches he is planning to build could be placed in the play ground area at Veterans Memorial Park. Eric presented a map and plans to the Selectmen. He was advised to discuss the plans and location with Bob Walsh our Building Official, and come back for final approval from the Selectmen when plans are complete to get final approval.

TAX REFUNDS
Selectman Shea moved to refund a total of $4,914 in tax refunds to the following: Kirt Voloshin the sum of $6.16, to Perry Bus Company the sum of $12.61, to Richard Korb or Shimei Fan the sum of $47.87, to Toyota Motor Credit Corp the sum of $29.48, to George MacDiarmid the sum of $7.15, to Ari Fleet the sum of $168.79, to B & B Transportation, Inc the sum of $33.83, to Cab East, LLC the sum of $461.86, to Chase Manhattan Auto Finance the sum of $95.09, to Christopher Lussier the sum of $236.09, to Curtis Downs the sum of $5.35, to DCFS Trust the sum of $115.07, to Donald Murphy the sum of $40.07, to GE Capital the sum of $540.85, to Gideon Van Heerden the sum of $2.13, to Honda Lease Trust the sum of $34.91, to Howard Haymes the sum of $9.50, to Jason Dittman the sum of $3,067.20, all for overpayment of taxes. Selectman Thornquist seconded the motion. The vote taken was unanimous.

TOWN OF BETHANY ORDINANCE CHANGES
Sharon Huxley, Planning and Zoning Chairman was present to discuss with the Selectmen the proposed enforcement ordinance changes. Sharon wanted to make it clear that they were not Planning and Zoning Regulation changes, just ordinances for enforcement of violations. The Selectmen made suggestions that would polish up verbiage. Attorney McSherry will work these changes into the ordinances. The Planning and Zoning Commission and the Board of Selectmen will give approval to the changes before they are brought to a Town Meeting for final approval.

WOODING HILL ROAD ABANDONMENT OF ONE WAY SECTION
The Selectmen discussed the possibility of the abandonment of the one way section of Wooding Hill Road. The road is in disrepair at this time. Since this road borders on State of Connecticut and New Haven Water Company property permission would be needed from them for such action to be considered. Further study will be done to see if this idea is feasible.

CARMEL ROAD
It has been brought to the attention of the Board of Selectmen that there is considerable damage to a head wall on Carmel Road. This damage is causing a portion of the road to collapse. Additional funding will be needed to do this repair. The Selectmen would need to make a request to the Board of Finance for an additional appropriation to the budget of the Highway Department.

ADJOURNMENT
Adjournment was called at 8:25 p.m. after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.


Respectfully submitted,


June G. Riley
Secretary, Board of Selectmen
BOARD OF FINANCE
SEPTEMBER 8, 2009
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Attendance: Chairman Janet Brunwin, Sally Huyser, Robert Brinton Jr., John Grabowski, Chip Spear

Absent: Steven Squinto

Chairman Brunwin called the meeting of the Board of Finance to order at 7:02 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.

APPROVAL OF MINUTES FOR MEETING OF JUNE 18, 2009
Chairman Brunwin called for a motion of approval for the minutes of the previous meeting. The motion was moved by Chairman Brunwin. Brinton Jr. seconded the motion. There were no changes made to the minutes. The vote was called. The vote taken was three (3) yes votes for approval. There were two (2) abstentions that of Spear and Grabowski because they were not members of the Board at that time.

CHAIRMAN’S REPORT
Chairman Brunwin reported that she has submitted to the State information requested from them regarding the Management Report.

Chairman Brunwin has formed a committee to work on an internal control handbook. On the committee will be Chairman Brunwin, John Grabowski and Dominick Reis.

Chairman Brunwin reports that the lease purchase agreement for the new dump truck for the Highway Department and the breathing apparatus for the Fire Department has been signed. The bid of CalFirst was accepted with an interest rate of 3.75%. This rate was under the estimate for the 2009-10 fiscal year budget.

Discussion was opened by Chairman Brunwin regarding the Federal Stimulus Grant for Boards of Educations. This grant money will go directly to Boards of Education and not to the Towns. A verbal agreement was reached with our local Board of Education in May, however following this discussion Huyser moved that the Town may reduce its budgeted appropriation to the local or regional board of education by an amount up to the limit of funds received directly by such board from the State Fiscal Stabilization Fund pursuant to Title XIV of the American Recovery and Reinvestment act of 2009, P.L. 111-5, for such fiscal year, such board of finance or such authority making appropriations for the school district for each town failed to account for the direct provision of such fiscal stabilization funds to such local or regional boards of education. Brinton Jr. seconded the motion. The vote was called. The vote was unanimous.

REVIEW OF FINANCIAL REPORTS
The Board reviewed the closing financial reports for fiscal year 2008-09. No problem areas were noted.

The reports for the 2009-10 fiscal year budget were also reviewed. There were no problem areas noted.






OCTOBER MEETING DATE CHANGE
All Board of Finance members were in agreement with Chairman Brunwin to change the October meeting date to October 6, 2009. This would be a special meeting. The regularly scheduled meeting will be canceled.

ADJOURNMENT
Adjournment was called at 8:05 p.m. after a motion was moved by Grabowski and seconded by Huyser. The vote taken was unanimous.


Respectfully submitted,


June G. Riley
Clerk, Board of Finance

Monday, September 21, 2009

MINUTES OF THE BETHANY ZONING BOARD OF APPEALS
REGULAR MEETING OF MONDAY, SEPTEMBER 14, 2009 Page 1 of 4


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

The following Board Members were present:
Carol Goldberg, Chair
Steven Massey, Member
James Gugliotti, Member
Michael Hendrick, Alternate Member, seated as a voting Member
Bradford Buchta, Alternate Member, seated as a voting Member
Ben Rosenbloom, Alternate Member, seated as a voting Member for the public hearing.

The following Board Member was excused:
Ruth Beardsley, Vice Chair

Also present was:
Karen Walton, Assistant Zoning Enforcement Officer


MINUTES

It was moved by Gugliotti and seconded by Hendrick to approve, as submitted, the minutes of the July 13, 2009, regular meeting.
Voting were Goldberg, Massey, Gugliotti, Hendrick, Buchta.
Unanimous approval.

It was moved by Gugliotti and seconded by Buchta to approve, as submitted, the minutes of the July 20, 2009, special meeting.
Voting were Goldberg, Massey, Gugliotti, Buchta.
Hendrick abstained.
Unanimous approval.


BILLS

It was moved by Gugliotti and seconded by Hendrick to approve the payment of a bill for $95.00, dated September 14, 2009, from Anne Sohon (Court Stenographer) for recording services for the public hearing (10 Bachelor Oak Road).
Unanimous approval.


PUBLIC HEARING – 10 BACHELOR OAK ROAD

Chair Goldberg opened the public hearing at 8:02 p.m.

Jim Gugliotti recused himself.





Chair Goldberg read the legal notice pertaining to the public hearing for the application submitted by Robert McSherry for his property located at 10 Bachelor Oak Road for a 5.9’ variance of the side yard setback to allow a 94.1’ side yard setback and for a 2.3’ variance of the front yard setback to allow a 97.7’ front yard setback for a barn..

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

The following Board Members stated for the record that they visited the site: Goldberg, Massey, Hendrick, Rosenbloom, Buchta.

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 that the applicant needs to provide evidence at the time of the public hearing by submitting the green return receipt cards. Mr. McSherry submitted the affidavit of mailing and green cards (Exhibit 1A).

Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1A – Submitted by Mr. McSherry, the Affidavit of Mailing, dated September 9, 2009, to the neighbors within 100 feet of the subject property and also included three Green Return Receipt cards.
b) Exhibit 1B – Submitted by Mr. McSherry, a letter from neighbor, Mr. and Mrs. Christoph Hahner of 30 Bachelor Oak Road, dated September 13, 2009, stating they had received notice of the application.
c) Exhibit 1C – Submitted by Mr. McSherry, the Post Office Receipt, dated August 31, 2009, showing that there were four certified letters sent out.

Present to speak on behalf of the application was Robert McSherry, applicant and owner of record. Mr. McSherry stated that at the start of construction the excavator hit ledge and then decided to moved the barn 2 ½ feet forward to avoid the ledge. Mr. McSherry noted that he did not want to blast due to possible problems with his well.

In discussion, Commission members noted:
· The barn will not be another living quarters.
· The barn was purchased prior to the start of construction as a kit and could not be altered in size.
· The barn could not be moved to the north or west due to the wetlands on the property.

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

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

There being no further discussion, at 8:22 p.m. Chair Goldberg closed the public hearing on the subject application at 8:22 p.m.





DELIBERATION AND DECISION MAKING SESSION

Board members further discussed the application and proceeded to take action on the application.

10 Bachelor Oak Road – It was moved by Goldberg and seconded by Massey to grant the approval of the application submitted by Robert J. McSherry for his property located at 10 Bachelor Oak Road and shown on Assessor’s Map #105, Lot #12-1, requesting a variance of Section 4.3.E.3 of the Bethany Zoning Regulations, specifically to grant a 5.9-foot variance of the southerly side yard setback resulting in a 94.1-foot southerly side yard setback and to grant a 2.3-foot variance of the front yard setback resulting in a 97.7-foot front yard setback for a barn.

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

Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings:
1) Special conditions and circumstances exist which are unique to the subject property and which do not affect generally the district to which it is situated. These conditions and circumstances are ledge, wetlands and the topography of the land.
2) A strict and literal interpretation of the Zoning Regulations would deprive the property owner of rights commonly enjoyed by other properties in the same district.
3) Granting the variance will not confer upon the applicant or the property owner any special privilege that is denied by the Bethany Zoning Regulations to other land in the same district.
Vote 5 to 0.
Voting for: Goldberg, Massey, Buchta, Hendrick, Rosenbloom.
Unanimous approval.


ADJOURNMENT

It was moved by Buchta and seconded by Massey to adjourn the regular meeting at 8:33 p.m.
Unanimous approval.

Respectfully submitted,



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

Friday, September 11, 2009

MINUTES OF SPECIAL MEETING/SITE VISIT OF THE BETHANY INLAND WETLANDS COMMISSION, SATURDAY, AUGUST 29, 2009


Commission members Pat McGregor, Sandy Breslin, Kris Sullivan (alternate) and Karen Walton, Assistant IWEO, met at 8:00 a.m. on Saturday, August 29, 2009 at the Town Hall parking lot and proceeded to visit the following sites:

48 Clay Road, Application #1113-M-1 submitted by Baldwin Development for drainage modification of the site plan for the residential development of the site.
228 Falls Road, Application #1131 submitted by Anne Warner to construct a new driveway.
265 Beacon Road, Application #1130 submitted by the Town of Bethany to construct a pavilion.

Meeting adjourned at approximately 10:30 a.m.

Respectfully submitted,


Antonia Marek, Clerk
For the Inland Wetlands Commission
MINUTES OF THE SPECIAL MEETING OF THE BETHANY INLAND WETLANDS COMMISSION ON MONDAY, AUGUST 24, 2009 Page 1 of 1


The special meeting of the Inland Wetlands Commission commenced at 6:00 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Commission members were present:
Alexandra Breslin, Vice-Chairman
Kristine Sullivan, Alternate Member
Brian Smith, Alternate Member

The following Commission members were absent:
Patricia McGregor, Chairman
Jon Mainer, Member
Jack Ellison, Member
John Kane, Member

Also present was:
Karen Walton, Assistant IWEO


The agenda was as follows:

Informational Training – DEP Update.

Commission members watched a DVD from the Connecticut Department of Environmental Protection, Municipal Inland Wetland, Commissioners Training Program, Volume 1, Introduction, Connecticut’s Inland Wetlands and Watercourses Act.

The meeting adjourned at 7:15 p.m.

Respectfully submitted,


Antonia Marek, Clerk
For the Planning and Zoning Commission
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION
REGULAR MEETING OF MONDAY, AUGUST 24, 2009 Page 1 of 5

The regular meeting of the Inland Wetlands 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 members of the Commission were present:
Alexandra Breslin, Vice-Chairman, Acting as Chairman
Kristine Sullivan, Alternate Member, seated as a regular member.
Brian Smith, Alternate Member, seated as a regular member.

The following members of the Commission were absent:
Patricia McGregor, Chairman
Jon Painter, Member
Jack Ellison, Member
John Kane, Member

Also present were:
Karen Walton, Land Use Assistant


ADDITIONS TO MEETING AGENDA
It was moved by Sullivan and seconded by Smith to add two new items to the agenda as follows:
Peter Verab, 93 Peck Road, preliminary discussion of proposed modifications to the agricultural use of the site.
Anne Warner, 228 Falls Road, receipt and appropriate action regarding an application to construct a new residential driveway.
Unanimous approval.


APPROVAL OF MINUTES

1. It was moved by Sullivan and seconded by Smith to approve the minutes of the July 27, 2009, Regular Meeting, with the following corrections:
First Page, Item #3 – Reads “It was moved by Sullivan and seconded by Kane to reaffirm that being consistent with Section 22a-44 of the General Statutes and with Section 14.3 of the IW Regulations, the Inland Wetlands Commission has the authority to authorize its agent, Isabel Kearns, to take actions or investigations necessary to the enforcement of these Regulations, as per Section 3.F of the Inland Wetlands Bylaws.” Change to “It was moved by Sullivan and seconded by Kane as provided by Section 22a-44 of the General Statutes and Section 14.3 of the IW Regulations, the Inland Wetlands Commission authorizes its agent, Isabel Kearns, to take actions or investigations necessary for the enforcement of the IWC Regulations, as provided by Section 3.F of the Inland Wetlands Bylaws.
First Page, Item #4 – Reads “It was moved by Kane and seconded by Painter that in the absence of the Inland Wetlands Agent, Isabel Kearns, the Inland Wetlands Commission designates Karen Walton, Land Use Assistant, to take actions or investigations necessary to the enforcement of the Inland Wetlands Regulations, as per Section 3.F of the Inland Wetlands Bylaws.” Change to “It was moved by Kane and seconded by Painter that in the absence of the Inland Wetlands Agent, Isabel Kearns, to designate Karen Walton, Land Use


Assistant, to take actions or investigations necessary for the enforcement of the Inland Wetlands Regulations, as provided by Section 3.F of the Inland Wetlands Bylaws.
Voting for: Breslin, Sullivan, Smith.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Quinnipiack Valley Health District, dated August 5, 2009, Re: 265 Beacon Road, Veteran’s Memorial Park, 265 Beacon Road, Application to construct pavilion, comments from completion of review of application with attached letter dated July 22, 2009, pertaining to more information needed to complete review of application to construct pavilion.
2. Letter from Isabel Kearns, IWEO, to Daniel Dinis of 27 Hamilton Drive, dated July 27, 2009, Re: Release of Cease Activity Order issued May 9, 2006 for 27 Hamilton Drive.
3. Letter from Isabel Kearns, IWEO, to Bruce Hitchcock of 268 Wooding Hill Road, dated August 6, 2009, Re: Release of Cease and Desist Order issued October 5, 2007 for 268 Wooding Hill Road.
4. Letter from Isabel Kearns, IWEO, to William Palmieri of 270 Wooding Hill Road, dated August 6, 2009, Re: Release of Cease and Desist Order issued October 5, 2007 for 270 Wooding Hill Road.
5. Letter from Connecticut Association of Conservation and Inland Wetlands Commissions, Inc., submitted August 5, 2009, Re: Request for Membership Renewal for the period of July 1, 2009, through June 30, 2010.
It was moved by Sullivan and seconded by Smith to approve the payment of $75.00 to the Connecticut Association of Conservation and Inland Wetlands Commission, Inc. for the Membership Renewal for the period of July 1, 2009, through June 30, 2010, for two commissions (sustaining). Share with the Conservation Commission.
Unanimous approval.


NEW BUSINESS

48 Clay Road, Application #1113-M-1 submitted by Baldwin Development for drainage modifications of the site plan for the residential development of the site.
The Commission formally received the application. Present to speak on behalf of the application was Alan Shepard, P.E. from Nowakowski, O’Bymachow & Kane and Tom Relihan, applicant and owner of record. Mr. Shepard reviewed the revised plans noting:
· The plans show a property line adjustment with the adjoining property at 42 Clay Road.
· The house has been moved slightly from the previous approval.
· The modified septic system design is still being reviewed by the Quinnipiack Valley Health District.
· The drainage system has been reconfigured.




The Commission received an email from Nafis and Young, dated August 20, 2009. Mr. Shepard stated he addressed all the issues in the email. Comments dated August 21, 2008, were also received from the Public Works Director Alan Green regarding the application. In the course of discussion, Mr. Shepard submitted new plans revised to August 20, 2009. (see file)

In discussion, Commission members noted:
· Work on the drainage system in Clay Road would need to be completed first.
· Provision of notice to future property owners through the property deed of the need to maintain the rain gardens and drainage swales as integral parts of the site drainage system. Note: Mr. Shepard offered to have an as-built plan filed on the land records.
· That the plans need to be revised to provide more details on the under drain system.
· Alternative use of a SNUP catch basin which would provide for entrapment of more sediments.

The Commission will conduct a site visit on Saturday, August 29, 2009. The Commission members to meet at the Town Hall parking lot at 8:00 a.m. Further discussion and appropriate action on the application was deferred until the Commission’s regular meeting on September 28, 2009.


228 Falls Road, Application #1131 submitted by Anne Warner to construct a new driveway.
The Commission formally received the application. Present to speak on behalf of the application was Anne Warner, applicant and owner of record. Ms. Warner noted that a new driveway is necessary to provide safe access to the site, including for emergency vehicles.

In discussion, Commission members noted the following:
· Details on how the materials removed to create the new driveway would be used to fill in portions of the existing driveway.
· Would like Town Engineer to review.
· A sedimentation and erosion control plan for the new driveway construction.
· Storm water management plan for the new driveway.
· Details on how the driveway will be graded.
· Details on the driveway construction.
· Would like center of driveway staked for the site visit.

The Commission will conduct a site visit on Saturday, August 29, 2009. Commission members to meet at the Town Hall parking lot at 8:00 a.m. Further discussion and appropriate action on the application was deferred until the Commission’s regular meeting on September 28, 2009.







93 Peck Road, preliminary discussion of proposed modifications related to the agricultural use of the site.
Mr. Peter Verab was present to have a preliminary discussion regarding proposed modifications he had related to the agricultural use of his property located at 93 Peck Road. During discussion, he referred to a submitted a plan revised to August 24, 2009, noting that the proposed modifications include:
· Adding #6 Greenhouse (will file permit when ready to construct).
· Compost area, which had previously been proposed to be an open area, now to be covered as required by the State Department of Environmental Protection.
· Construction of a heating plant for the greenhouses. The plant might be fueled in part by methane gas from the compost area or furnaces running on switch grass pellets. The switch grass is grown on property Mr. Verab leases in Torrington.
· Relative to the existing permit for the site, Mr. Verab noted that the new driveway is about 50% complete.

Mr. Verab will submit an application for the proposed modifications at a future date.


OLD BUSINESS

265 Beacon Road – Veteran’s Memorial Park, Application #1130 submitted by the Town of Bethany to construct a pavilion.

Relative to the proposed construction of the pavilion, the Commission received a letter from Quinnipiack Valley Health District dated August 5, 2009. Commission members expressed concern that as shown on the submitted plans that drainage from the pavilion area would eventually outlet directly into the lake. Karen Walton, Assistant IWEO, will contact Nafis and Young pertaining to the drainage discharging directly into the pond and are there any alternatives. It was noted that surface runoff would include excrement from the geese that graze around the lake.

The Commission will conduct a site visit on Saturday, August 29, 2009. Commission members to meet at the Town Hall parking lot at 8:00 a.m. Further discussion and appropriate action on the application was deferred until the Commission’s regular meeting on September 28, 2009.

Revision of Inland Wetlands Regulations.

A Public Hearing was scheduled at the July 27, 2009, IWC meeting on proposed revisions of the IWC Regulations. The hearing was scheduled for the Commission’s Regular Meeting on Monday, September 28, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall.





It was moved by Sullivan and seconded by Smith to adjourn the regular meeting at 9:36 p.m.
Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
for the Inland Wetlands Commission