Wednesday, December 23, 2009

December 20, 2009


New Haven Register
40 Sargent Drive
New Haven, Connecticut 06511

LEGAL NOTICE
ATTENTION LEGAL NOTICE DESK
Please insert the following legal notice in the New Haven Register and send the bill to Derrylyn Gorski, First Selectman, 40 Peck Road, Bethany, Connecticut, 06524.
The notice must run twice, once December 24, 2009, and once December 31, 2009.
If you have any questions, please contact Commission Clerk, Antonia Marek by phone at 203-393-2100, X115.

NOTICE OF PUBLIC HEARINGS
BETHANY PLANNING AND ZONING COMMISSION

Notice is hereby given of public hearings to be held by the Bethany Planning and Zoning Commission beginning at 7:30 p.m. on Wednesday, January 6, 2010, in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut. The hearings will be held on the following applications:
Application #2009-026 submitted by James W. Woodward Jr. for a Special Exception Permit for Two Rear Lots located at 26 and 46 Mesa Drive.
Application #2009-027 submitted by James W. Woodward Jr. for a Thirteen-Lot Subdivision (Woodward Estates) located at 26 and 46 Mesa Drive.
Application #2009-028 submitted by James W. Woodward Jr. for a Special Exception Earth Removal, Excavation, Filling, Stockpiling & Grading Permit located at 26 and 46 Mesa Drive.
Application #2009-032 submitted by Nadia Fainstein for a Special Exception Permit for an Accessory Apartment located at 3 Northrop Road.
The foregoing application files are available for review during regular business hours in the Planning and Zoning Office at the Bethany Town Hall, 40 Peck Road.
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
MINUTES OF THE BETHANY ZONING BOARD OF APPEALS
REGULAR MEETING OF MONDAY, DECEMBER 14, 2009 Page 1 of 6

The regular meeting of the Zoning Board of Appeals was called to order at 8:04 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
Ruth Beardsley, Vice Chair
Steven Massey, Member
James Gugliotti, Member
Bradford Buchta, Alternate Member
Michael Hendrick, Alternate Member
Ben Rosenbloom, Alternate Member, seated as a voting member.

Also present were:
Karen Walton, Assistant Zoning Enforcement Officer


MINUTES

It was moved by Beardsley and seconded by Gugliotti to approve, as submitted, the minutes of the November 9, 2009, regular meeting.
Voting for: Goldberg, Beardsley, Massey, Gugliotti, and Rosenbloom.
Unanimous approval.


BILLS

It was moved by Gugliotti and seconded by Beardsley to approve the payment of a bill for $95.00, dated December 14, 2009, from John McLeod (Court Stenographer) for recording services for the public hearing (443 Fairwood Road).
Voting for: Goldberg, Beardsley, Massey, Gugliotti, and Rosenbloom.
Unanimous approval.


PUBLIC HEARING – 443 FAIRWOOD ROAD (Continuation from November 9, 2009)

Chair Goldberg opened the continuation of the public hearing at 8:05 p.m. Chair Goldberg read the notice posted with the Town Clerk pertaining to the continuation of the public hearing for the following applications submitted by Joseph Dellaselva (Nino Performance) for property located at 443 Fairwood Road:
Application for a 256.1 foot variance to allow a 243.9 foot distance requirement and for a 139.2 foot variance to allow a 360.8 foot distance requirement where 500 feet is required between commercial garages and residential zones to locate a commercial garage (Nino Performance).
Application for a certificate of approval for a motor vehicle dealer and repairer located at 443 Fairwood Road.





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

The hearing was continued due to the applicant not having all the green return receipt cards from the surrounding property owners as required in the Zoning Regulations. Chair Goldberg asked the applicant if he had obtained the missing information.

Present to speak on behalf of the application was Mr. John Paul Garcia, P.E./L.S. representing Mr. Joseph Dellaselva, applicant. Mr. Garcia submitted three returned to sender unclaimed letters (Exhibit 2A, 2B, and 2C).

Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 2A – A returned to sender unclaimed letters from TRCK Properties, owner of 797 Amity Road.
b) Exhibit 2B – A returned to sender unclaimed letters from KCA Associates, owner of 793 Amity Road.
c) Exhibit 2C – A returned to sender unclaimed letters from EMG Properties, owner of 443 Fairwood Road.
d) Exhibit 2D – Photograph of the proposed east side of the building located at 443 Fairwood Road.
e) Exhibit 2E – Photograph of the proposed south side (Fairwood Road) of the building located at 443 Fairwood Road.
f) Exhibit 2F – Photograph of the proposed southeast corner of the building located at 443 Fairwood Road.
g) Exhibit 2G – Photograph of the current building (Fairwood Road side) located at 443 Fairwood Road.
h) Exhibit 2H – Photograph of the current building (southwest side of Fairwood Road) located at 443 Fairwood Road.
i) Exhibit 2”I” – Four pages of schematics of the proposed building.

William Grieger, applicant and owner of record, presented an overview of what the buildings will look like after the renovations are completed (submitted Exhibits 2D, 2E, 2F, 2G and 2H). Mr. Garcia reviewed and submitted the schematics of the proposed building (Exhibit 2”I”).

Mr. Garcia reviewed the proposed project noting:
· 797 Amity Road was granted an automobile repair license in 2003 and has been operating as a truck and repair service for 3 years with 0 setback.
· Mr. Garcia stated an automobile repair business is a less intensive use then the previous chemical business.
· This business has no impact on the neighborhood due to the fact this is a commercial property.
· They are trying to keep a Bethany business in Bethany.
· Smaller covered building has been approved for inside storage by the Planning and Zoning Commission for a temporary use by Woodbridge Roofing.
· The Department of Environmental Protection has inspected the property and there is no chemical residual.




In discussion, Board members commented and noted the following:
· The applicant previously obtained a variance to relocate to 33 Old Amity Road in 2008. (Mr. Garcia stated the deal fell through with the owner of 33 Old Amity Road).
· The roof line will be changing from 12 feet to 16 feet.
· There will be no asphalt in the front of the building.
· What will the traffic pattern be like? (Mr. Dellaselva responded he schedules three or four cars a day for repairs.)
· Will there by any major lighting on Fairwood Road (Mr. Garcia stated there are two security lights there now and they will not be adding any more.)
· Where do you expect cars to seat during the day? (They will be parked on the east side and then tagged and put to the back.)
· Long term parking will be in the back (north side of property).
· What are operating hours? (Mr. Dellaselva responded 8 a.m. to 5 p.m. Monday through Friday.)
· Will there be noise from garage? (Mr. Garcia responded the compressor will be contained to minimize noise.)
· Where to you intend to put waste oil? (Mr. Dellaselva responded that he has a waste oil furnace.)
· Do you have cars for sale and what percentage of the business is for used car sales? (Mr. Dellaselva responded 1 percent and that he only sold 8 cars last year and this year only 5 so far.)
· Where else in Bethany could your automobile business be located? (Karen Walton, Assistant ZEO, stated that there is nothing available at this time and that Mr. Dellaselva has been in the Zoning Office to research other locations. Ms. Walton brought in the Zoning Map and the Board reviewed locations in the Business and Industrial Zone. The Board found that there are very few locations in town that don’t have some type of place of gathering or a residential zone nearby.
· Why do you need to move from your present location at 256 Amity Road? (Mr. Dellaselva stated the owners of the property will not repair anything on the building and stated he was going to try to purchase the property but the price is very high.

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 9:16 p.m. Chair Goldberg closed the public hearing on the subject applications.


DELIBERATION AND DECISION MAKING SESSION

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





443 Fairwood Road – It was moved by Goldberg and seconded by Gugliotti to grant the approval of the application submitted by Joseph Dellaselva for the property located at
443 Fairwood Road and shown on Assessor’s Map #116, Lot #27-E-1, for a variance of Section 5.2.B.1 – Commercial garage within 500 feet of a residential zone, specifically to grant a 256.1 foot variance to allow a 243.9 foot distance requirement and for a 139.2 foot variance to allow a 360.8 foot distance requirement where 500 feet is required between commercial garages and residential zones to locate a commercial garage (Nino Performance).

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.
2. The building is to resemble Exhibit’s 2D, 2E, 2F and 2I.
3. No more than two (2) pole lights on Fairwood Road will be installed.
4. The exterior lighting fixtures must have full cut-off lighting.
5. There shall be no light pollution onto Fairwood Road.
6. There shall be no exterior storage of hazardous waste.
7. There shall be no outside storage of cars on the east side parking area.
8. Any outside storage shall be allowed on the north side of the building only.
9. Any outside storage must be screened on all sides.
10. Any outside storage cannot be larger than the footprint of the building.
11. All outside storage cannot exceed 20 cars.
12. The Fairwood Road side of the property must be landscaped in accordance with Appendix 7 of the current Bethany Zoning Regulations.
13. The only driveway shall be the currently existing entrance on the east side of the property.
14. The hours of operation shall by typical business hours, Monday through Friday.

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) 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.
2) 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, Beardsley, Massey, Gugliotti, Rosenbloom.
Unanimous approval.






443 Fairwood Road – It was moved by Beardsley and seconded by Gugliotti to grant the approval of the application submitted by Joseph Dellaselva for the property located at
443 Fairwood Road and shown on Assessor’s Map #116, Lot #27-E-1, for location approval for a motor vehicle dealer or motor vehicle repairer.

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 having given due consideration to the proposed location of the proposed business in reference to the following:
The record before the Board demonstrates that the location is suitable for the business intended.
The approval is granted subject to the following conditions:
a) 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.
b) The building is to resemble Exhibit’s 2D, 2E, 2F and 2I.
c) No more than two (2) pole lights on Fairwood Road will be installed.
d) The exterior lighting fixtures must have full cut-off lighting.
e) There shall be no light pollution onto Fairwood Road.
f) There shall be no exterior storage of hazardous waste.
g) There shall be no outside storage of cars on the east side parking area.
h) Any outside storage shall be allowed on the north side of the building only.
i) Any outside storage must be screened on all sides.
j) Any outside storage cannot be larger than the footprint of the building.
k) All outside storage cannot exceed 20 cars.
l) The Fairwood Road side of the property must be landscaped in accordance with Appendix 7 of the current Bethany Zoning Regulations.
m) The only driveway shall be the currently existing entrance on the east side of the property.
n) The hours of operation shall by typical business hours, Monday through Friday.
Vote 5 to 0.
Voting for: Goldberg, Beardsley, Massey, Gugliotti, Rosenbloom.
Unanimous approval.


ADJOURNMENT

It was moved by Gugliotti and seconded by Massey to adjourn the regular meeting at10:49 p.m. Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
For the Zoning Board of Appeals
BOARD OF SELECTMEN
SPECIAL MEETING
DECEMBER 14, 2009
Page 1 of 2

Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea
First Selectwoman Gorski called the meeting to order at 6:32 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.

APPROVAL OF MINUTES
Approval of the minutes of the November 23, 2009 meeting was tabled until the next meeting of the Board of Selectmen.

PROGRESS ON PAVILION AT VETERANS MEMORIAL PARK
First Selectwoman Gorski reports that progress on the construction of the Pavilion at Veterans Memorial Park is going well.

FUEL FUND RESOLUTION
Selectman Shea moved the following resolution:

Resolved: that the Board of Selectmen authorizes the opening of an account at Webster Band to deposit donated funds for emergency fuel for residents of the Town of Bethany. The Board of Selectmen further authorizes First Selectwoman Derrylyn Gorski and Jeanne DelVecchio to be the signers on this account.

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

CONNECTICUT CLEAN ENERGY COMMUNITIES PROGRAM
The following resolution was moved by Selectman Shea and seconded by First Selectwoman Gorski.

Resolved: that the Board of Selectmen hereby authorizes, the First Selectwoman Derrylyn Gorski to act on behalf of the Town of Bethany to sign and file all paperwork as it pertains to a grant application and grant award with the United States Department of Energy, for participation in the Project Titled: “Connecticut Clrean Energy Communities Program – Community Energy Savings Project” and to provide such additional information needed to execute the program.

The vote was called. The vote was unanimous.

CORRECT MUNICIPAL TAX RECOVERY LLC
David Forman, Tax Collector has requested authorization to sign a contract with Correct Municipal Tax Recovery LLC to assist him with past due tax collections. A motion was moved by Selectman Shea and seconded by First Selectwoman Gorski to authorize David Forman to sign a contract with Correct Municipal Tax Recovery LLC. The vote was called. The vote was unanimous.

SIGN CALL FOR SPECIAL TOWN MEETING
First Selectwoman Gorski and Selectman Shea signed the call for the special Town Meeting.

ADJOURNMENT
Adjournment was called at 6:40 p.m. after a motion was moved by Selectman Shea and seconded by First Selectwoman Gorski. The vote taken was unanimous.

Respectfully submitted,

June G. Riley
Secretary, Board of Selectmen

Monday, December 14, 2009

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, DECEMBER 2, 2009 Page 1 of 6

The regular meeting of the Planning and Zoning Commission was called to order at 7:36 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, Member, arrived at 7:40 p.m.
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member
Donald Shea Jr., Alternate Member, seated as a voting member as needed

The following Commission members were absent or excused:
Nellie Rabinowitz, Alternate Member

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


Chairman Huxley explained that in reference to Applications #2009-026, #2009-027, and #2009-028 submitted by Mr. James Woodward for 26 and 46 Mesa Drive (Woodward Estates Subdivision), the public hearing scheduled for this evening will not be opened and that Mr. Woodward submitted a letter of consent to an extension of 35 days to begin the public hearing. The public hearing will be re-noticed for Wednesday, January 6, 2010. Chairman Huxley also stated the site walk scheduled for Sunday, December 6, 2009 will be cancelled.


APPROVAL OF MINUTES

1. It was moved by Shurtleff and seconded by Winer to approve, as submitted, the minutes of the November 4, 2009, Regular Meeting.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Email from Eugene Livshits of SCRCOG, dated November 20, 2009, Re: Referral received for proposed Woodward Estates Subdivision and will be review by Regional Planning Commission will review during their December 10, 2009 meeting.




2. Letter from SCC Regional Water Authority, dated December 1, 2009, Re: 820 Litchfield Turnpike, request for home office use, not located within RWA public water supply watershed area.
3. Letter from Inland Wetlands Commission, dated December 2, 2009, Re: 443 Fairwood Road, Inside Storage, no IWC action required.
4. Letter from SCC Regional Water Authority, dated December 1, 2009, Re: 3 Northrop Road, permit for accessory apartment, no review comments.
5. Letter from Robert Walsh, Bethany Building Inspector, dated November 23, 2009, Re: Small Wind Energy Systems under Chapter 17 of the National Building Code.
6. Letter from Nancy McCarthy, Town Clerk, dated November 19, 2009, Re: Request for schedule of PZC regular meetings for 2010 with attached draft schedule prepared by clerk. It was the consensus of the Commission to change the meeting start time to 7:00 p.m. and public hearing start time to 7:30 p.m. Clerk will revise letter and submit to Town Clerk.
7. Letter from James and Linda Chiaraluce of 48 Valley Road, dated November 4, 2009, Re: Purchase of 742 Amity Road (Billy’s Ice Cream/ Nonnie’s and the Post Office).
8. Letter from SCC Regional Planning Commission, to Hamden Government Center, dated November 13, 2009, Re: Town of Hamden: Proposed Zoning Regulation and Map Amendment.


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 November 2009, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT

Isabel Kearns, ZEO, stated she will be issuing violation and enforcement letters to 185 Beacon Road (Cusano), 2 Clay Road (Ryker), and 10 Round Hill Road (Ciola).


NEW BUSINESS

1. 820 Litchfield Turnpike, Application #2009-030 submitted by Ruth Beardsley for a Home Occupation Permit to conduct a part time business of drafting documents and legal research - The Commission formally received the application. Present to speak on behalf of the application was Ruth Beardsley, applicant and owner of record.

Ms. Beardsley reviewed the proposed project noting:
· There will be no client visits.



In discussion, Commission members noted:
· The application has been reviewed by QVHD and the Fire Marshal.
· The Commission received a letter from the RWA dated December 1, 2009, stating that the property is not located within the RWA public water supply watershed area.

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.

It was moved by Spear and seconded by Shurtleff to approve the following resolution for Application #2009-030 for property located at 820 Litchfield Turnpike:

Whereas, Ruth Beardsley, owner of 820 Litchfield Turnpike, applied to the Planning and Zoning Commission for a professional law office permit to operate a law office at 820 Litchfield Turnpike;

Whereas, the Commission at its regular meeting of December 2, 2009, considered the statement of use, narrative, testimony and other pertinent application information relating to this professional office application;

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

Lynn Fox, Quinnipiack Valley Health District representative, signed off on the back of the application form on November 6, 2009 indicating her approval.
Rod White, Fire Marshal, signed off on the back of the application form on December 2, 2009, indicating his approval.
The Commission received a letter dated December 1, 2009, from Ronald Walters of the SCC Regional Water Authority in which he states this property is not located within the RWA public water supply watershed area.

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4(a) of the Town of Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves Application #2009-030 submitted by Ruth Beardsley to operate a professional law office in her home located at 820 Litchfield Turnpike as outlined in the Statement of Use and with the following condition of approval:

1) As outlined in the Statement of Use dated November 6, 2009, there shall not be employees.
Voting were: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.







2. 443 Fairwood Road, Application #2009-031 submitted by Bill and Wendy Grieger for a Change of Use – Acquire inside storage of machinery, equipment, tools and vehicles - The Commission formally received the application. Present to speak on behalf of the application was William Grieger, applicant and owner of record.

Mr. Grieger reviewed the proposed project noting:
· We will be renovating the buildings to make them look like residential homes.
· A roofing company would like to use one of the buildings for inside storage only.
· We submitted an application to the Zoning Board of Appeals to allow a commercial garage in a residential zone and it has not been approved at this time.

In discussion, Commission members noted:
· This application is for inside storage only.

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.

It was moved by Shurtleff and seconded by Spear to approve the following resolution for Application #2009-031 for property located at 443 Fairwood Road:

Whereas, Bill and Wendy Grieger applied on December 2, 2009, to the Bethany Planning and Zoning Commission for a Change of Use Permit to allow the inside storage of tools, equipment, machinery and vehicles at of 443 Fairwood Road;

Whereas, the Commission at its regular meeting of December 2, 2009, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to allow the inside storage of tools, equipment, machinery and vehicles at 443 Fairwood Road;

Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;

Now Therefore the Commission makes the following findings of fact:

1) John Laudano of the Quinnipiack Valley Health District signed off on the back of the application form on November 20, 2009, indicating his approval, as there would be no on-site employees and no envelope increase.
2) Rod White, Fire Marshal, signed off on the back of the application form on December 2, 2009, indicating his approval.






3) The Commission received a letter dated December 2, 2009, from the Inland Wetlands Commission which states that no Inland Wetland Commission action is required for the change of use to inside storage of tools, equipment, machinery and vehicles. However, the IWC requests to be notified of any future activity conducted outside of the building.

Now Therefore Be It Resolved, that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves the Change of Use Permit to allow the inside storage of tools, equipment, machinery and vehicles at 443 Fairwood Road (Application #2009-031), as presented in the application, statement of use and testimony and with the following conditions:

1) A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
2) The Fire Marshal must sign off prior to a certificate of occupancy.
3) There shall be NO outside storage of any kind on the property.
4) Prior to occupancy by any tenant, the owner shall submit to the ZEO, in writing, the name of the business(es) to occupy the buildings and the nature of the work they perform for her approval.
Voting were: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.

3. 3 Northrop Road, Application #2009-032 submitted by Nadia Fainstein for a Special Exception Permit for an Accessory Apartment - The Commission formally received the application. No one was present to speak on behalf of the application. Chairman Huxley asked the ZEO if the application was complete. The ZEO, Isabel Kearns, responded that it was and recommended the Commission schedule a public hearing. The public hearing is scheduled for Wednesday, January 6, 2010, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road. Tabled.

4. Discussion with ZEO regarding proposed Zoning Regulation Amendment to Section 14, ZBA – Isabel Kearns, ZEO, distributed to Commission members the proposed Zoning Regulation Amendments for Section 14.3.C. and 14.1.B.5.e. pertaining to the notice requirements for ZBA applications to abutting property owners. The Commission scheduled a public hearing for Wednesday, February 3, 2010, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.


OLD BUSINESS

1. Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.






2. Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Tabled.

3. Town Plan Revision – Discussion and possible action – A revised draft containing photographs of the Town Plan was distributed to all Commission Members. Commission members reviewed and discussed. Tabled.

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

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

6. Update on Halter Estates – Tabled.



It was moved by Winer and seconded by Spear to adjourn the regular meeting at 8:59 p.m.
Unanimous approval.

Respectfully submitted,


Antonia Marek, Clerk
For the Planning and Zoning Commission
BOARD OF FINANCE
DECEMBER 8, 2009
Page 1 of 2

Attendance: Chairman Janet Brunwin, Sally Huyser, Stephen Squinto, Chip Spear, John Grabowski, Robert Brinton Jr., First Selectwoman Derrylyn Gorski

Visitors: Greg Schuyler, Michael Battista

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

APPROVAL OF MINUTES
Chairman Brunwin moved a motion to accept the minutes of the meeting of November 10, 2009. The motion was seconded by Huyser. The vote taken was unanimous for acceptance without change.

CORRESPONDENCE
Correspondence with checks, was received by Chairman Brunwin from Superintendent Connellan, for the Education Stimulus Grant. The agreement between the Board of Finance and the Board of Education was that this money would be turned over to the Town, since the grant had been considered in the ECS Grant to the Town for the 2009-10 budget.

AUDIT 2008-09
Greg Schuyler from Marien & Company LLC gave a presentation to the Board of Finance of the Audit for fiscal year 2008-09. In his presentation Greg covered Balance Sheets, the Capital Nonrecurring Fund details, the Budget vs. Actual Tax Collections, Expenditures and Revenues, Tax Collection rate of just under 99%, and the Budget vs. Actual ending budget. The Fund Balance at the end of this fiscal year including the surplus will be $2,601,844 or 12% of Expenditures. The Board talked about transfers to close the books. Chairman Brunwin moved to appropriate $20,000 of Revenue for Contingency Needs Grant and to appropriate $20,000 of Expenses for the Contingency need Grant. Huyser seconded the motion. The vote taken was unanimous. Brinton Jr. commended that he objected to after the fact approval. Brinton also requested periodic reports from the Selectmen on Capital Expenditure items. Chiarman Brunwin made a motion, to move all the balances of all under expended accounts to the Contingency Fund, and to then take money from the Contingency Fund to balance all over expended accounts. This motion was seconded by Squinto. The vote taken was unanimous. A motion was then moved by Chairman Brunwin to accept the audit for fiscal year 2008-09 as presented excluding the Management Letter which will be sent to all members tomorrow. Squinto seconded the motion. The vote taken was unanimous.

CHAIRMAN’S REPORT
Chairman Brunwin reported that the Annual Report requests have been sent out.

The Tax Collections at this time are .3% under last year’s collections.

The meeting schedule for the 2010-2011 Budget Timetable, the Budget Request Form and the Yearly Meeting Schedule were distributed.

Chairman Brunwin shared with the Board members information that she had gathered from the CCM Conference that she recently attended.

The Chairman opened discussion regarding Capital Expenditures to be closed out. No final decision was made on any closures. The Board suggested that First Selectwoman Gorski present a list in writing, for the next meeting, of items to be closed out, and a vote of the Board will be taken to properly close the account.

The Board discussed guidelines to be set for budget preparation. It was determined that the request letter would be sent out indicating no salary increases, and then final consideration to be given when budget is complete, and the mill rate is known. First Selectwoman Gorski felt that since the Town Hall Staff had no increase last year and all other departments did, that it would be unfair to withhold a cost of living increase from them.

SELECTMEN’S REPORT
First Selectwoman Gorski reported a leak on the side gym stage from an air handler in the heating system. This leak had caused a pipe under it, covered with to break away. An environmental company has inspected the damage. An insurance claim will be submitted.

A special Town Meeting will be held December 14, 2009 to discuss the Airport Hangar.

BUDGET REPORT FISCAL YEAR 2009-10
The Board reviewed the revenue and expenditure budget report for November. Board members noted expenditures for Pine Brook Crossing in the Highway Department budget. It will be necessary to make a transfer from the Highway Department budget to the Pine Brook Crossing account.

ADJOURNMENT
Adjournment was called at 8:50 p.m. after a motion was moved by Huyser and seconded by Squinto.
Unanimous approval.

Respectfully submitted,

June G. Riley
Clerk, Board of Finance