Tuesday, December 28, 2010

BOARD OF SELECTMEN
DECEMBER 13, 2010
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Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Susan Martens, Carol Goldberg, Kathleen Schurman
First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:45 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was check signing. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.

APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of November 8, 2010. The motion was moved by Selectman Shea and seconded by Selectman Thornquist. There were no changes to the minutes. The vote was called. The vote taken was unanimous.

AIRPORT FUND RAISING BID
The Selectmen rejected the bid of SGR Fund Raising to conduct a fundraising campaign for the Airport Community Recreation Center. This was the only bid received. The committee has decided to seek volunteers from the community under the direction of Nancy Cassella and see how much funding can be raised.

TAX REFUNDS
Selectman Thornquist moved to refund a total of $85.18 for overpayment of taxes to Donna Gruskay for $30.38, to Erin Meskill for $51.71 and to Wendell or Anne Raddatz for 3.09. Selectman Shea seconded the motion. The vote taken was unanimous.

TOWN CEMETERY SIGNS
Susan Martens was present to speak to the Selectmen regarding the lack of signage at the Methodist and Carrington Cemeteries. Martens presented sample of signage as designed by Kathy Hubbard. She also had a quotation for the total cost including installation. Following discussion the Selectmen agreed in concept to the idea of signage for these two locations, however at the conclusion of discussion Selectman Thornquist moved a motion to get approval for the signs from Planning and Zoning and pending this approval to go out to bid for the project. Selectman Shea seconded the motion. The vote taken was unanimous.

DISTRICT ANIMAL CONTROL
First Selectwoman Gorski reported that the town of Orange Board of Selectmen has voted to withdraw from the District Animal Control. There is a six months window prior to withdrawal. The DAC Board has voted to subcontract with the town of Woodbridge Finance Office to handle bill paying for them at this time.




CELL TOWER
The lease for the cell tower, on Airport property, near the Town Garage will be up in less than five years. AT&T has approached the town to discuss details of the next lease. Changes made to this lease may need approval of the Sitting Council. This is a lengthy procedure.

OTHER
First Selectwoman Gorski reported that the Amity Pop Warner cheerleaders won the National Cheerleaders competition.

The audit for fiscal year 2009-10 is complete. It will be presented to the Board of Finance tomorrow evening.

The Town Hall will be closing December 23, 2010 at 12:00 noon for the Christmas Holiday. The Town Hall will re-open on Tuesday December 28, 2010. The Town Hall will be closed December 31, 2010 in observance of the New Year’s Holiday.

ADJOURNMENT
Adjournment was called at 8:10 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 Finance
BOARD OF FINANCE
DECEMBER 14, 2010
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Attendance: Chairman Janet Brunwin, Sally Huyser, Chip Spear, Stephen Squinto, Robert Brinton Jr., John Grabowski

Visitors: Greg Schuyler, Michael Battista

Chairman Brunwin called the meeting to order at 7:04 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.

APPROVAL OF MINUTES
Chairman Brunwin called for a motion of approval for the minutes of the meeting of November 3, 2010. The motion of approval was moved by Stephen Squinto and seconded by Robert Brinton Jr. There were no changes to the minutes of this meeting. The vote was called. The vote taken was unanimous.

Chairman Brunwin called for a motion of approval for the minutes of the meeting of November 9, 2010. The motion was moved by Bob Brinton Jr. and seconded by Stephen Squinto. Chairman Brunwin moved to amend the minutes of that meeting by modifying the date the resolution was added to the minutes of the meeting of November 9, 2010 not October 11, 2010 as listed above the resolution. The amended minutes were then accepted on a unanimous vote.

AUDIT 2009-2010
Greg Schuyler of Marian & Co. LLC began his presentation to the Board of Finance by calling to the Board’s attention the new FDIC limits of insurance on accounts. The $100,000 limit has increased to $250,000. Most banks are participating in the TAG program . Noninterest bearing accounts are insured for 100%, however Webster Bank has opted out of this ruling. The Town of Bethany is maintaining a General Fund which is 12% of expenditures. The rate of tax collections for fiscal year 2009-10 exceeded the amount budgeted overall. Greg then reviewed the complete draft of the audit with Board members. Members discussed with Greg the handling of miscellaneous small grants and how the records should be handled for the project from the grant proceeds. Should projects be treated like a capital expenditure? Discussion followed.

FIRST SELECTWOMAN DERRYLYN GORSKI
CELLULAR TOWER
First Selectwoman Gorski reported that the AT & T Cellular Tower agreement is up in March 2015. They have contacted the Town of Bethany regarding renewal of the agreement. The reason negotiations have begun this far in advance is due to a lengthy process that would have to be done if changes were needed to the tower. The Sitting Council would have to be involved.

MAJOR ROAD PROJECTS
First Selectwoman Gorski reported that the Major Road repair is going well. To date Falcon and Crestwood Roads and Hunters Trail have been completed for a total cost of approximately $256,000.

ELEMENTARY SCHOOL – JOHN GRABOWSKI
John did not attend the most recent meeting of the local Board of Education, however he did share information that he had received regarding dropping school enrollment until the year 2020. This projection was received from the State of Connecticut.

CHAIRMAN’S REPORT
Chairman Brunwin indicated that she was waiting for a call from Chris Martin of Webster Bank to see what the present interest rate is on bonding and notes.

Chairman Brunwin will be working with Michael Battista and IMG to set up and utilize the complete accounting program the Town is using from IMG. Presently only the disbursement journal and check writing portion of this program is being utilized.

The Amity audit is complete. The Town of Bethany will be receiving a portion of the surplus from the 2009-10 budget. It was indicated at the Amity Finance meeting that this refund could be approximately $64,000 to Bethany.

Chairman Brunwin will be preparing the budget request letters to be sent out. At this time there is no indication as to how much the Town will be receiving from the State of Connecticut in grant monies.

ADJOURNMENT
Adjournment was called at 8:45 p.m. after a motion was moved by Chip Spear and seconded by Sally Huyser. The vote taken was unanimous.

Respectfully submitted,


June G. Riley
Clerk, Board of Finance

Monday, December 13, 2010

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, NOVEMBER 22, 2010 Page 1 of 7



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:
Patricia McGregor, Chairman
Alexandra Breslin, Vice-Chairman
Kristine Sullivan, Member

The following members of the Commission were absent or excused:
John Kane, Member
Jack Ellison, Member
Brian Smith, Alternate Member, seated as a voting member

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


ELECTION OF OFFICERS

The Commission tabled the vote for Vice Chairman for the term of July 2010 to June 2011 until the next scheduled regular meeting on Tuesday, December 28, 2010.


APPROVAL OF MINUTES

1. It was moved by Sullivan and seconded by Breslin to approve the minutes of the October 25, 2010, Regular Meeting, with the following changes in Italic:

Page 3, Old Business, Item #1
In discussion, Commission members noted based on an inspection of the site that:
This proposed project has a potential for a significant impact to the wetlands (large pond across Beacon Road).
That the house can possibly be shifted further upslope.
Their concern with the ability of the proposed drainage swale to be located on the steep slope adjacent to the road to handle runoff.
That the existing catch basin at the bottom of the driveway had only about 1 ½" of clearance and otherwise was filled with silt.
To allow time to explore other options for handling runoff from the site, that the applicant should withdraw the application and resubmit the application to the Inland Wetlands Commission at a future date.

Page 4, Old Business, Item #2
It was moved by Sullivan and seconded by Breslin to approve Application #1155


Page 4, Old Business, Item #3
A revised plan, dated September 29, 2010, was submitted and reviewed by Mr. Garcia. There was discussion of the area denoted on the revised plan as “conservation easement”, what the restrictions implied by that easement were, and the incompatibility of the existing nomenclature of the IWC Conservation Area Signs with the upland areas now regulated by the IWC.

Page 5, Old Business, Item #3
An additional revised plan shall be submitted which will change where the description says “Conservation Easement” to “Inland Wetlands Conservation Area”.
The legend to be changed to include the nomenclature for the 150’ Upland Review Area and the Inland Wetlands Conservation Area.
Posting of a bond based on the submission of a bond estimate by the Project Engineer with review by the Agency’s Consulting Engineer and in a form acceptable to Town Counsel.
When a final letter is submitted by the Quinnipiack Valley Health District, that a copy be submitted to the Agency for its files.
The appropriate signage posted along the 50-foot Inland Wetlands Conservation Area.
Details of the restrictions of the Inland Wetlands Conservation Area shall be filed on the land records in form and content acceptable to Town Counsel.
When the property is sold, the transfer deed shall reference to the foregoing restrictions regarding the Inland Wetlands Conservation Area so that the property owner is noticed of those restrictions.

Page 5, Enforcement Officers Report
At 8:46 p.m., it was moved by Sullivan and seconded by Smith to exit out of executive
session.

It was moved by Sullivan and seconded by Smith to have the Commission authorize Isabel Kearns, Inland Wetlands Enforcement Officer, to proceed with seeking an injunction regarding the activities that have occurred in the onsite wetlands at 185 Beacon Road, which have been in violation of the existing Permit #906, approved April 28, 2002, as documented by the report that the Inland Wetlands Commission received from Rema Ecological Services, LLC, dated September 27, 2010.

226 Fairwood Road – The IWEO stated the owners originally received an IW permit for a two- bedroom rebuild and now they received a permit from QVHD for a three-bedroom house, which the house is not any bigger but are using new technology. The IWC filed the original permit on the Land Records for the two-bedroom house. It was the consensus of the Commission members to have staff advise the owners to submit an application to modify the original permit to allow a three-bedroom house and then file the modified permit on the Land Records.




The IWEO reminded the IWC members of the Town Meeting on November 4th which in part pertains to the increase in the Inland Wetlands Land Use Fees. There was discussion of having a fact sheet to handout at the Town Meeting.

Voting were McGregor, Breslin, Sullivan.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Nancy McCarthy, Town Clerk, dated November 8, 2010, Re: Schedule of regular meetings for 2011.
2. Copy of letter from Pullman & Comley Attorneys to Connecticut Siting Council, dated November 17, 2010, Re: Petition for Declaratory Ruling, 3.2 MW Wind Generation Project, 178 New Haven, Prospect, Connecticut with 3 binders of material.


BILLS

1. It was moved by Sullivan and seconded by Breslin to approve the payment of $2,996.63, for professional services rendered by Diversified Technology Consultants, pertaining to 185 Beacon Road, Rema Ecological Services, LLC.
Unanimous approval.


NEW BUSINESS

1. 99 Mesa Drive, Application #1158 submitted by MWP, LLC for an IW Permit for the relocation of existing drainage easement –

Present to speak on behalf of this application was Paul Crotta, applicant and owner of record.

Mr. Crotta reviewed the proposed project noting:
· That this application is to relocate the drainage easement, which would allow the easement to follow the existing watercourse.
· That the engineer has completed the riprap.

In discussion, Commission members asked:
· Why did the old plan show the easement in a different location?

Mr. Crotta replied that this lot had top soil pushed onto it from the other surrounding lots and the engineer, drawing the subdivision map, was not able to perc the lot and moved the easement up so that it would be far enough away from the septic system. In addition, Mr. Crotta stated that now the septic system has been relocated and the easement has been moved back to where it belongs.
Isabel Kearns, IWEO, stated the applicant did not extend the IW permit for the subdivision and this application is not a modification.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Tuesday, December 28, 2010. Tabled.


2. 75 Lacey Road, Application #1159 submitted by Michael Carbone for an IW Permit for a residential site development –

Present to speak on behalf of the application was Bill Walters, Civil Engineer and Land Surveyor for John Paul Garcia and Associates representing the applicant, Michael Carbone.

Mr. Walters reviewed the proposed project noting:
· The application is for a site plan approval for a four bedroom residential development.
· Soil Science and Environmental Services delineated the wetlands in the field on October 7, 2010.

In discussion, Commission members noted:
· The engineer did not submit a wetlands/watercourses and soil report.
· The IWEO has not reviewed the application at this time.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Tuesday, December 28, 2010. Tabled.


3. 226 Fairwood Road, Application #1095-M-1 submitted by Homefront Construction to modify the IW Permit from a two bedroom to a three bedroom –

Present to speak on behalf of the application was Ron Bathwick, applicant and owner of record.

Isabel Kearns, IWEO, stated Mr. Bathwick installed new technology (Green Leach) for the same size septic and stayed with the same leaching fields. Ms. Kearns also stated Mr. Bathwick received approval from QVHD for a three-bedroom home instead of the two-bedroom home that was originally approved.

In discussion, Commission members noted:
· Mr. Bathwick submitted a letter of approval from QVHD, dated November 4, 2008.
· A copy of the map with the redesigned septic area that was reviewed and approved by QVHD must be submitted for the IW file.

Commission members discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Breslin to approve Application #1095-M-1 submitted by Ronald Bathwick for a modification of the Inland Wetlands Permit from a two-bedroom home to a three-bedroom home located at 226 Fairwood Road based on the letter from Quinnipiack Valley Health District to John Paul Garcia, dated November 4, 2008, in regard to 226 Fairwood Road Bethany, revised leach field design and receipt of the drawing revised to October 28, 2008, referenced in that letter, to be placed in the Inland Wetlands file and is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
This approval is contingent upon receipt of the drawing noted above revised to October 28, 2008.
The applicant shall file this IW Permit modification on the Land Records showing the change from a two-bedroom home to a three-bedroom home.

The Commission’s decision was based on the fact that if the conditions are met, there should be little or no impact on the onsite and adjoining wetlands. Unanimous approval.


4. Discussion regarding revising the wording on the Conservation Area Signs -

The Commission discussed revising the wording on the Conservation Area Signs now that the Inland Wetlands Commission is regulating 150 feet from the wetlands.

After discussion, the proposed wording is as follows: “YOU ARE IN AN INLAND WETLANDS REGULATED AREA. ANY ACTIVITY ON THIS SITE REQUIRES APPROVAL BY THE BETHANY INLAND WETLANDS COMMISSION”.

The clerk will order a sample sign for the Commission to review.


5. Discussion regarding the letter from Connecticut Water Company, dated September 22, 2010, Re: Land in Bethany that may be available for disposition -

The Commission reviewed the letter from the Connecticut Water Company, dated September 22, 2010.

Isabel Kearns, IWEO, stated she emailed Cindy Gaudino, Manager Source Protection and Real Estate, Connecticut Water Company, concerning any changes on the revised Water Supply Plan and Ms. Gaudino emailed her back stating nothing has changed.

Chairman McGregor stated the CT Water Company is required every 5 years to evaluate the Water Supply Plan so they are not holding land that is not relative to the interest of present and future water needs in the State of CT. Chairman McGregor also stated the CT Water Company is required to notice if there is land that does not meet their criteria and can be disposed of in the future.

Kris Sullivan has questions pertaining to the parcel North of Edwards Road and the pump station, if it was abandoned and when. Kris will pursue contacting the CT Water Company.

Isabel Kearns, IWEO, will submit a letter to the CT Water Company requesting more information on the parcels.

6. Discussion regarding the policy for the deadline of accepting application before a scheduled meeting –

Commission members discussed changing the policy pertaining to the submission of applications before a scheduled meeting. It was moved by Breslin and seconded by Sullivan that the Commission will change the application submission policy to no less than five business days before the date of the regular scheduled meeting. The clerk will post signs in appropriate locations and place on the Town website effective January 1, 2011.
Unanimous approval.


7. Discussion regarding request to Planning and Zoning Commission on possible zoning regulation amendments for minimum lot square and slopes –

Isabel Kearns, IWEO, distributed an email from Hiram Peck, Planning Consultant, dated November 21, 2010, Re: Questions for Wetland Commission on possible regulation amendments.

The Commission would like Mr. Peck to attend the next regular meeting scheduled for December 28, 2010. Ms. Kearns will invite Mr. Peck.


OLD BUSINESS

1. 429 Fairwood Road, Application #1157 submitted by EMG Properties, LLC for an IW Permit for the construction of a commercial building and parking area –

Present to speak on behalf of the application was Bill Walters, Civil Engineer and Land Surveyor for John Paul Garcia and Associates representing the applicant, William Grieger, who was also present.

In discussion, Commission members noted:
· That Kris Sullivan visited the site with Karen Walton, Assistant IWEO, and stated the plan is accurate as shown.
· The engineer needs to submit a detail on how the wetlands will be restored from the pipe installation.

Mr. Grieger reviewed the proposed project noting:
· That where the trench is proposed there are no materials that have to be removed or hauled off.

It was moved by Sullivan and seconded by Breslin to approve Application #1157 submitted by EMG Properties, LLC, for an Inland Wetlands Permit to construct a commercial building and parking area located at 429 Fairwood Road in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, CT:
· “Site Development Plan”, dated October 7, 2010, with no revisions, Drawing No. C-1.
· “Site Landscaping and Erosion Control Plan”, dated October 7, 2010, with no revisions, Drawing No. C-2.
· “Typical Details”, dated October 7, 2010, with no revisions, Drawing No. C-3.
· “Typical Details”, dated October 7, 2010, with no revisions, Drawing No. C-4.

in addition, is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
The applicant shall submit details concerning the wetlands crossing, the materials to be removed and the reestablishment of the wetlands area.
The provision of a bond in the amount to be determined based on an estimate by the Project Engineer, upon review by the Agency’s Consulting Engineer and in a form and amount acceptable to Town Counsel.
The placement of Inland Wetlands Conservation Area Signs is required and posted as determined by Staff.

The Commission’s decision was based on the exhibition of best engineering practices exhibited on the plan and if this plan is followed, there should be minimal or no disturbance to the wetlands. Unanimous approval.



It was moved by Sullivan and seconded by Breslin to adjourn the regular meeting at 9:19 p.m. Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
for the Inland Wetlands Commission

Friday, December 10, 2010

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, DECEMBER 1, 2010 Page 1 of 4

The regular meeting of the Planning and Zoning Commission was called to order at 7:02 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
Marc Adelberg, Alternate Member, seated as first voting member as needed.
Nellie Rabinowitz, Alternate Member, seated as second voting member as needed.

The following Commission members were excused or absent:
Patricia Winer, Member
Donald Shea Jr., Alternate Member

Also present were:
Hiram Peck, Planning Consultant


APPROVAL OF MINUTES

1. It was moved by Shurtleff and seconded by Rabinowitz to approve the minutes of the November 3, 2010, Regular Meeting with the following changes:
· Page 2, Item 3), First Sentence – Reads “Isabel Kearns, ZEO, stated the First Selectman received an email from a concerned resident regarding the toxic emissions from an outdoor wood burning furnace and if Bethany would consider banning this type of outdoor furnace.” Change to “Isabel Kearns, ZEO, stated the First Selectman received an email from a concerned resident regarding the toxic emissions from an outdoor wood burning furnace and inquiring if Bethany would consider banning this type of outdoor furnace.”
· Page 3, First Sentence – Reads “Derrylyn Gorski, First Selectman, arrived at 7:25 p.m. and stated the resident sited in the email an address (Pleasant Drive) that has an outdoor furnace and Ms. Gorski would like the Commission to be aware of this inquiry.” Change to “Derrylyn Gorski, First Selectman, arrived at 7:25 p.m. and stated the resident who wrote the email cited an address on Pleasant Drive that has an outdoor furnace, and Ms. Gorski would like the Commission to be aware of this inquiry.”
Voting for: Huxley, Shurtleff, Rabinowitz.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from QVHD dated November 30, 2010, Re: Outdoor Wood Burning Furnaces.
2. Copy of letter from PZC to Board of Selectmen, dated November 4, 2010, Re: Status of Noise Ordinance and Architectural Review Board.

3. Letter from Town Clerk, dated November 8, 2010, Re: Schedule of regular meetings for 2011. It was moved by Shurtleff and seconded by Rabinowitz to approve the proposed Schedule of Regular Planning and Zoning Meetings for 2011. Unanimous approval.
4. Copy of letter from Pullman & Comley Attorneys to Connecticut Siting Council, dated November 17, 2010, Re: Petition for Declaratory Ruling, 3.2 MW Wind Generation Project, 178 New Haven, Prospect, Connecticut with 3 binders of material. Mr. Peck will review the materials and report back to the Commission at the January 5, 2011, regular meeting.
5. Email from SCRCOG dated November 12, 2010, Re: Notification of Town of Woodbridge Referral – Liquor Establishments (Distance Requirements).
6. Copy of letter from SCRCOG to Town of Woodbridge dated November 19, 2010, Re: Resolution letter for Liquor Establishments (Distance Requirements).
7. Email from SCRCOG dated November 12, 2010, Re: Notification of Town of Hamden Referral – Special Flood Hazard Areas.
8. Copy of letter from SCRCOG to Town of Hamden dated November 19, 2010, Re: Resolution letter for Special Flood Hazard Areas.
9. Email from SCRCOG dated November 12, 2010, Re: Notification of Town of Hamden Referral – Special Flood Hazard Areas.
10. Copy of letter from SCRCOG to Town of Hamden dated November 19, 2010, Re: Resolution letter for Special Flood Hazard Areas.
11. Copy of letter from SCRCOG to Town of Prospect dated November 19, 2010, Re: Resolution letter for Flood Plains and Flood Hazard Areas.
12. Copy of letter from SCRCOG to Town of Cheshire dated November 19, 2010, Re: Resolution letter for Flood Plain Management Regulation.
13. Email from SCRCOG dated November 22, 2010, Re: Invitation to Office of Policy and Management Regional Workshop on “Cross-Acceptance Process” on December 9, 2010.
14. Email from SCRCOG dated November 30, 2010, Re: Notification of Town of Prospect Referral – Amendments to Sec. 3.1 – Uses By District and Section 2.2 – Definitions.


BILLS

1. It was moved by Shurtleff and seconded by Rabinowitz to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for November 2010, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

ZEO not present.




NEW BUSINESS

No new business.


OLD BUSINESS

1) 99 Mesa Drive, Application #2010-019 submitted by MWP, LLC to modify the subdivision approval for drainage easement relocation –

There was no one present to speak on behalf of the application.

Chairman Huxley stated the Inland Wetlands Commission is reviewing this application for approval.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, January 5, 2011 Tabled.

2) 187 Beacon Road, Application #2010-020 submitted by Beth Gaetano AKA: Gaetano Family Farm for a Home Occupation Permit for the sale of chicken eggs and chickens at farm markets and online –

There was no one present to speak on behalf of the application.

Chairman Huxley stated that the applicant is farming her chickens in Cheshire. Chairman Huxley also stated the application has been approved by QVHD on November 4, 2010, with a statement from QVHD that the operation was approved by the Department of Agriculture.

The Commission reviewed and discussed the proposed draft and proceeded to deliberate. It was moved by Shurtleff and seconded by Ford to approve the following resolution for Application #2010-020:

Whereas, Beth Gaetano (aka Gaetano Family Farm) applied to the Planning and Zoning Commission on November 3, 2010, for a home occupation permit to operate an office for the sale of chicken eggs and chickens at farmers’ markets and online;

Whereas, the Commission at its regular meeting of December 1, 2010, considered the statement of use dated November 2, 2010, 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, QVHD representative, signed off on the back of the application form on November 2, 2010, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on November 4, 2010 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 to May 1, 2010, the Bethany Planning and Zoning Commission approves the application of Beth Gaetano (aka Gaetano Family Farm) for a home occupation permit to operate a home office only for the sale of chicken eggs and chickens at farmers’ markets and online as outlined in the Statement of Use dated November 2, 2010, and with the following condition:

1) No chickens shall be raised on site for the purposes of the business.

Spear abstained
Voting were: Huxley, Shurtleff, Ford, Rabinowitz, Adelberg.
Unanimous approval.

3) Discussion regarding Outdoor Wood Burning Furnaces –

Hiram Peck, Planning Consultant, stated he would incorporate the letter from QVHD, dated November 30, 2010, into his evaluation of outdoor wood burning furnaces. Mr. Peck would like to get feedback from QVHD, State Department of Public Health, DEP Forestry, Yale School of Forestry, and other sources to obtain the most correct and clear information to forward to the Commission.
Tabled.

4) Discuss increasing application fees – Tabled.

5) Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.

6) Discuss Architectural Reviews – Isabel Kearns, ZEO, forwarded a memo, dated November 4, 2010, to the First Selectmen as to the status of this subject. Tabled.

7) Proposed Town of Bethany Noise Control Ordinance – Isabel Kearns, ZEO, forwarded a memo, dated November 4, 2010, to the First Selectmen as to the status of this subject.

8) Update on Halter Estates – Tabled.


It was moved by Ford and seconded by Shurtleff to adjourn the regular meeting at 7:31 p.m. Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
For the Planning and Zoning Commission
Special Town Meeting
Road Improvement Work – Increase in Inland Wetlands
and Watercourse Commission Application Fees
November 4, 2010

First Selectwoman Derrylyn Gorski called the Special Town Meeting to order at 7:35
p. m. There were approximately 100 in attendance. Everyone was asked to stand for the Pledge of Allegiance.

The First Selectwoman called for nominations from the floor for a Moderator. There was a motion by Jon Painter, duly seconded by Steven Thornquist to nominate Bill Blake. There were no further nominations.

Moderator Blake asked First Selectwoman Derrylyn Gorski to speak on the first resolution – to appropriate $2,085,000 for road maintenance.

First Selectwoman Gorski thanked everyone for coming. She introduced the Selectmen and members of the Board of Finance that were present, as well as guests – Christopher Martin, financial advisor, Webster Bank and Steve Dudley, engineer, South Central Regional Council of Governments who both helped with the project.

First Selectwoman Gorski spoke about the need to catch up on road maintenance. She stated that we have a real problem with the roads that need to be kept up without draining the budget. We do not have the resources that we have had in the past. Revenues are down. Costs are up. Asphalt in 2000 was $42 a ton; in 2010 the cost is $60 a ton – a 42% increase. We need to do the work without making a large impact on our budget. The major road work will be done over the next three years, possibly four and pay for it over the next seven years. We will be taking advantage of very low interest rates and taking care of it without impacting the tax payer. We are using “Ice Be Gone” in the winter which is friendly to the roads with better traction. There is a 70% reduction in corrosion to roads and equipment. It is the only deicer in the country that has an EPA designation that is safe for water and animals, as well as approval by the Regional Water Authority. A crack and chip seal program has been started on an annual basis to avert the need for this level of road maintenance in the future. The town crew has done the road drainage work which is a huge savings to the town. The Wooding Hill Road project saved the town $200,000.

Highway Foreman Alan Green showed a spreadsheet of the roads that will be done by June 2011, 2012 and 2013. The roads were picked because of the amount of traffic and the age of the roads – all have passed their usefulness. Listed are the roads that will be chip sealed (see attached). Schaffer Road will be a huge project – trees will need to be removed and the road widened. Chip sealing of roads will be done, as well and repeated in five years to continue to preserve them. Thirty years is the average life of a road.

First Selectwoman Gorski stated that we are members of the South Central Regional Council of Governments. We have asked for assistance in reviewing the plans for the roads. Steve Dudley will be working with the town on this project.

Steven Dudley, professional engineer and land surveyor, SCRCOG commented that the town is going about the project in the most cost effective manner. The town crew is doing much more work than has been seen in many other municipalities and they are to be commended for saving everyone a lot of money. If highways are not maintained you have very bad and unsafe conditions. The chip sealing procedure seals the top of the road and keeps water out. SCRCOG gets planning money from the Federal Government and the State of Connecticut, matched by ten per cent local dues that are available for programming of a consultant. First Selectwoman Gorski has requested a study be done of the existing conditions of the town roads. We will give a rating and an intelligent program of how to go forward and the reasons why.

Board of Finance Chairman Janice Brunwin spoke about how the roads will be paid for. The goal is to make the roads last for thirty years. With our current practice it would take seven years to complete this project. We need to do it without spending more than we have in the current budget. This year the road budget was increased from $50,000 to $100,000. If the fifteen roads were to be done as quickly as possible it would cost $700,000. It would be a 2.5 per cent increase in the mil rate or approximately $160 per household. We did not feel that using the rainy day balance would be prudent. That money needs to be available for an emergency. The Board of Finance policy is to maintain that fund between ten and twelve per cent. It helps maintain our good bond rating and provides the money in case of disaster. We discussed this with our financial advisor from Webster Bank, Chris Martin who gave us options – one is short term notes. The current interest rate is between .5 and 1 percent. However, they only last a year. You borrow as you need it but the interest rate is variable. We could borrow up front and get a fixed rate. If we go for bonding we would need updates on our bonding rate or we could do a combination – borrow while the rates are low at .7 to 1 per cent and then lock in when we see rates are starting to go up. It would be paid over the next seven years. No more than the $300,000 would come out of our current budget.

First Selectwoman Gorski stated that economically it is a bad time but a good time to borrow. She opened the floor to questions.

Russell von Beren, 134 Wooding Hill Rd – Why is Wooding Hill Road included in the money we would be spending? First Selectwoman Gorski stated that Wooding Hill Road is not included in the fifteen roads. If the resolution does not pass, then Wooding Hill Road is all that would be done. von Beren stated that the word equipment should be deleted from the first paragraph.

Brian Laubstein, 21 Toll Gate Rd – If the road crew is helping with drainage how are they also doing chip sealing? Foreman Green stated that the road crew does not do the chip sealing. A full crew comes in. They apply the oil and the stone. We may transport some of the stone to the applicator. It is only two or three days of work.

Aileen Magda, 28 Deerfield La – What is the total cost? 2.1 million? Wouldn’t it depend on the actual costs? Chris Martin stated that it is difficult to say for a given year in regard to what the interest rates will be. Using notes, the town might never need to borrow more than 2.1 million dollars. The intent of the bonds is to afford the town as much flexibility as possible. The intent is not to go out and buy a large piece of equipment.

Richard Kaletsy, 123 Cheshire Rd – I think Russ has a very good point about equipment. There should be simple language. It is a valid point.

Chip Spear, 21 Dayton Rd – Bd. of Finance member – Equipment can be interpreted in many ways. This gives the flexibility needed. Equipment can refer to a broken shovel.

Jaime Stirling, 20 Miller Rd – Regional Bd. of Ed. member – How do our roads compare to towns of similar size? Mr. Dudley stated that each town has their own unique financial situation. If you’re spending millions a year on roads rather than $50,000 - $100,000 you’re in a better position. Your roads are in reasonable condition. Most municipalities would like to have more money but the resources are not there.

Randy Raddatz, 22 Bethridge Rd – 14 roads over 3 years paid for over seven. Does that mean in years four through seven there are no other roads done? Janice Brunwin -This is the list of roads that really need to be done. After year three, there shouldn’t be any other roads that will need major repairs. Al Green – After the four years and the fifteen roads are done and the notes have gone down, there will still be other roads that need to be regenerated. They are roads that will not cost $300,000. We will continue to do roads - it is not going to end in four years.

R. Raddatz - Bethridge Road is over thirty-five years old. Over the past five years it heaves and the water goes under the road. Would you say that is a bad condition? Dudley said of course it is not a good condition. Each municipality has a limited amount of resources and they need to structure the work accordingly.

Brian Eitzer, 11 Carriage Dr – The $25,000 for the study. Shouldn’t it be addressing where we need to go after the first project is complete? Yes.

Dick Van Horn, 86 Crestwood Rd – Realistically you will need more than $300,000 for the roads.

Sharon Huxley, Planning & Zoning Chairman - 340 Old Mill Rd – At our Annual Town Meeting in May the people said we want a comprehensive plan to address our town roads. Is this sufficient in terms of a plan? Mr. Dudley stated that the $25,000 study would give you what you need to repair the roads. There is never enough when it comes to taking care of roads.

B. Laubstein - Was there an agreement at the Bd. of Finance meeting that there would be no major money for roadwork? J. Brunwin said it is structured so we will not spend more than $300,000 per year for road work. It will only be used for roads. Laubstein stated he did not want to be here again in four years to do major road work. Foreman Green stated not to this magnitude. Most of the other roads will be short roads – not $300,000 projects.

Patricia Winer, 7 Carrington Rd – Planning & Zoning Commission – Are there any roads besides Schaffer Road that will need extensive tree trimming? Green - No. We will use whatever curbing is needed to control the rainfall.

George McDonnell, 5 Rowe Ct – What happens when the snow plow knocks the curbing out? Green -It comes from the road fund.

Richard Barnes, 534 Bethmour Rd – The engineering on Bethmour Road was not done properly. Will that continue on down? Will the stone go down to Luke Hill Rd? Green –yes.

David Foreman, Tax Collector - Downs Rd – Will the major road repair include guardrails? It is dangerous in some areas where there are no guard rails. Green – no. Open culverts need to be covered. I agree with you but that is another project.

Forman - Bond notes are renewed from time to time. Do the rates go up and down? C. Martin -The rate holds for that period of time -generally 9 -12 months.

Stuart Morgenstern, 17 Old Fairwood Rd – It looks from the Annual Report that we have about seven million dollars in debt right now. With this road project it will bring us up to nine million dollars in outstanding debt. How will this affect our ratings and ability to fund in the future? C. Martin said that a profile was done giving the town an AA2 – a high rating with a fairly moderate rate of debt.

R. von Beren – Wooding Hill Road is great now. You will have to borrow $572,000 between now and next June. Janet Brunwin stated that the plan is to borrow only when we need the money and take down the $300,000. We did chip sealing in Bethany for five or six years. It did not work in Bethany. Maybe the stone or the emulsion was different.

Jaime Stirling, – I have heard at the last two meetings that if we don’t fix the roads now it will cost more in the future. I think the proposal we have before us allows us to take advantage and take care of these roads so they don’t cost us more in the future. I have faith in our current Board of Finance and in our town crew. I believe it is in the best interest of the town to go ahead with this project.

Lucy Painter, 40 No. Humiston Dr - made a motion to call the question, duly seconded. Unanimous.

Moderator Blake called for a vote to consider the motion for the two-page resolution to adopt the appropriation of $2,085,000 for costs in connection with the road improvements. The vote taken was unanimous yeas. Passed.

Moderator Blake stated that the second item of business concerns an amendment to the fee schedule for the Inland Wetlands and Watercourse Commission.

Sandy Breslin, Vice-chairman - IWC – 91 Sperry Rd –the IWC three or four years ago looked at overhauling its regulations. There have been many changes to state statute and court cases that are changing the way that wetland commissions do business and we needed to update our regulations to go along with these changes. The fee schedule has not been raised since 2001. This will shift the burden of cost from the tax payers to the town so that we are sharing the costs more equally with the applicant.

Kris Sullivan, IWC member - 783 Amity Rd – we want to make sure that an expert is representing the applicant. With the fee structure, we get paid to hire our own consultant. We can choose the consultant and then they review the material and consult with the applicant. The agency then gets to choose what they need to pay attention to. If we go to court, the judge wants to know that you have an expert opinion. We want to take this cost away from the townspeople and put it on the applicant. The fee can be waived or reduced for extenuating circumstances. Most important is to have expert information. Kris encouraged the town people to support the IWC by adopting the fee amendment to the Land Use Related Applications in the town ordinance.

There were no further questions on the amendment.

Moderator Blake called for a motion to waive the reading of the resolution. There was a motion, duly seconded to waive the reading.

A motion was made and duly seconded to call the resolution to increase the Inland Wetlands and Watercourse Commission fees. Overwhelming yeas. Passed.

There were no further questions. The meeting was adjourned at 9:10 p.m.

Respectfully submitted,



Nancy A. McCarthy, CMC
Town Clerk

Monday, December 6, 2010

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, NOVEMBER 22, 2010 Page 1 of 7

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:
Patricia McGregor, Chairman
Alexandra Breslin, Vice-Chairman
Kristine Sullivan, Member

The following members of the Commission were absent or excused:
John Kane, Member
Jack Ellison, Member
Brian Smith, Alternate Member, seated as a voting member

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


ELECTION OF OFFICERS

The Commission tabled the vote for Vice Chairman for the term of July 2010 to June 2011 until the next scheduled regular meeting on Tuesday, December 28, 2010.


APPROVAL OF MINUTES

1. It was moved by Sullivan and seconded by Breslin to approve the minutes of the October 25, 2010, Regular Meeting, with the following changes in Italic:

Page 3, Old Business, Item #1
In discussion, Commission members noted based on an inspection of the site that:
This proposed project has a potential for a significant impact to the wetlands (large pond across Beacon Road).
That the house can possibly be shifted further upslope.
Their concern with the ability of the proposed drainage swale to be located on the steep slope adjacent to the road to handle runoff.
That the existing catch basin at the bottom of the driveway had only about 1 ½" of clearance and otherwise was filled with silt.
To allow time to explore other options for handling runoff from the site, that the applicant should withdraw the application and resubmit the application to the Inland Wetlands Commission at a future date.

Page 4, Old Business, Item #2
It was moved by Sullivan and seconded by Breslin to approve Application #1155


Page 4, Old Business, Item #3
A revised plan, dated September 29, 2010, was submitted and reviewed by Mr. Garcia. There was discussion of the area denoted on the revised plan as “conservation easement”, what the restrictions implied by that easement were, and the incompatibility of the existing nomenclature of the IWC Conservation Area Signs with the upland areas now regulated by the IWC.

Page 5, Old Business, Item #3
An additional revised plan shall be submitted which will change where the description says “Conservation Easement” to “Inland Wetlands Conservation Area”.
The legend to be changed to include the nomenclature for the 150’ Upland Review Area and the Inland Wetlands Conservation Area.
Posting of a bond based on the submission of a bond estimate by the Project Engineer with review by the Agency’s Consulting Engineer and in a form acceptable to Town Counsel.
When a final letter is submitted by the Quinnipiack Valley Health District, that a copy be submitted to the Agency for its files.
The appropriate signage posted along the 50-foot Inland Wetlands Conservation Area.
Details of the restrictions of the Inland Wetlands Conservation Area shall be filed on the land records in form and content acceptable to Town Counsel.
When the property is sold, the transfer deed shall reference to the foregoing restrictions regarding the Inland Wetlands Conservation Area so that the property owner is noticed of those restrictions.

Page 5, Enforcement Officers Report
At 8:46 p.m., it was moved by Sullivan and seconded by Smith to exit out of executive
session.

It was moved by Sullivan and seconded by Smith to have the Commission authorize Isabel Kearns, Inland Wetlands Enforcement Officer, to proceed with seeking an injunction regarding the activities that have occurred in the onsite wetlands at 185 Beacon Road, which have been in violation of the existing Permit #906, approved April 28, 2002, as documented by the report that the Inland Wetlands Commission received from Rema Ecological Services, LLC, dated September 27, 2010.

226 Fairwood Road – The IWEO stated the owners originally received an IW permit for a two- bedroom rebuild and now they received a permit from QVHD for a three-bedroom house, which the house is not any bigger but are using new technology. The IWC filed the original permit on the Land Records for the two-bedroom house. It was the consensus of the Commission members to have staff advise the owners to submit an application to modify the original permit to allow a three-bedroom house and then file the modified permit on the Land Records.




The IWEO reminded the IWC members of the Town Meeting on November 4th which in part pertains to the increase in the Inland Wetlands Land Use Fees. There was discussion of having a fact sheet to handout at the Town Meeting.

Voting were McGregor, Breslin, Sullivan.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Nancy McCarthy, Town Clerk, dated November 8, 2010, Re: Schedule of regular meetings for 2011.
2. Copy of letter from Pullman & Comley Attorneys to Connecticut Siting Council, dated November 17, 2010, Re: Petition for Declaratory Ruling, 3.2 MW Wind Generation Project, 178 New Haven, Prospect, Connecticut with 3 binders of material.


BILLS

1. It was moved by Sullivan and seconded by Breslin to approve the payment of $2,996.63, for professional services rendered by Diversified Technology Consultants, pertaining to 185 Beacon Road, Rema Ecological Services, LLC.
Unanimous approval.


NEW BUSINESS

1. 99 Mesa Drive, Application #1158 submitted by MWP, LLC for an IW Permit for the relocation of existing drainage easement –

Present to speak on behalf of this application was Paul Crotta, applicant and owner of record.

Mr. Crotta reviewed the proposed project noting:
· That this application is to relocate the drainage easement, which would allow the easement to follow the existing watercourse.
· That the engineer has completed the riprap.

In discussion, Commission members asked:
· Why did the old plan show the easement in a different location?

Mr. Crotta replied that this lot had top soil pushed onto it from the other surrounding lots and the engineer, drawing the subdivision map, was not able to perc the lot and moved the easement up so that it would be far enough away from the septic system. In addition, Mr. Crotta stated that now the septic system has been relocated and the easement has been moved back to where it belongs.
Isabel Kearns, IWEO, stated the applicant did not extend the IW permit for the subdivision and this application is not a modification.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Tuesday, December 28, 2010. Tabled.


2. 75 Lacey Road, Application #1159 submitted by Michael Carbone for an IW Permit for a residential site development –

Present to speak on behalf of the application was Bill Walters, Civil Engineer and Land Surveyor for John Paul Garcia and Associates representing the applicant, Michael Carbone.

Mr. Walters reviewed the proposed project noting:
· The application is for a site plan approval for a four bedroom residential development.
· Soil Science and Environmental Services delineated the wetlands in the field on October 7, 2010.

In discussion, Commission members noted:
· The engineer did not submit a wetlands/watercourses and soil report.
· The IWEO has not reviewed the application at this time.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Tuesday, December 28, 2010. Tabled.


3. 226 Fairwood Road, Application #1095-M-1 submitted by Homefront Construction to modify the IW Permit from a two bedroom to a three bedroom –

Present to speak on behalf of the application was Ron Bathwick, applicant and owner of record.

Isabel Kearns, IWEO, stated Mr. Bathwick installed new technology (Green Leach) for the same size septic and stayed with the same leaching fields. Ms. Kearns also stated Mr. Bathwick received approval from QVHD for a three-bedroom home instead of the two-bedroom home that was originally approved.

In discussion, Commission members noted:
· Mr. Bathwick submitted a letter of approval from QVHD, dated November 4, 2008.
· A copy of the map with the redesigned septic area that was reviewed and approved by QVHD must be submitted for the IW file.

Commission members discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Breslin to approve Application #1095-M-1 submitted by Ronald Bathwick for a modification of the Inland Wetlands Permit from a two-bedroom home to a three-bedroom home located at 226 Fairwood Road based on the letter from Quinnipiack Valley Health District to John Paul Garcia, dated November 4, 2008, in regard to 226 Fairwood Road Bethany, revised leach field design and receipt of the drawing revised to October 28, 2008, referenced in that letter, to be placed in the Inland Wetlands file and is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
This approval is contingent upon receipt of the drawing noted above revised to October 28, 2008.
The applicant shall file this IW Permit modification on the Land Records showing the change from a two-bedroom home to a three-bedroom home.

The Commission’s decision was based on the fact that if the conditions are met, there should be little or no impact on the onsite and adjoining wetlands. Unanimous approval.


4. Discussion regarding revising the wording on the Conservation Area Signs -

The Commission discussed revising the wording on the Conservation Area Signs now that the Inland Wetlands Commission is regulating 150 feet from the wetlands.

After discussion, the proposed wording is as follows: “YOU ARE IN AN INLAND WETLANDS REGULATED AREA. ANY ACTIVITY ON THIS SITE REQUIRES APPROVAL BY THE BETHANY INLAND WETLANDS COMMISSION”.

The clerk will order a sample sign for the Commission to review.


5. Discussion regarding the letter from Connecticut Water Company, dated September 22, 2010, Re: Land in Bethany that may be available for disposition -

The Commission reviewed the letter from the Connecticut Water Company, dated September 22, 2010.

Isabel Kearns, IWEO, stated she emailed Cindy Gaudino, Manager Source Protection and Real Estate, Connecticut Water Company, concerning any changes on the revised Water Supply Plan and Ms. Gaudino emailed her back stating nothing has changed.

Chairman McGregor stated the CT Water Company is required every 5 years to evaluate the Water Supply Plan so they are not holding land that is not relative to the interest of present and future water needs in the State of CT. Chairman McGregor also stated the CT Water Company is required to notice if there is land that does not meet their criteria and can be disposed of in the future.

Kris Sullivan has questions pertaining to the parcel North of Edwards Road and the pump station, if it was abandoned and when. Kris will pursue contacting the CT Water Company.

Isabel Kearns, IWEO, will submit a letter to the CT Water Company requesting more information on the parcels.

6. Discussion regarding the policy for the deadline of accepting application before a scheduled meeting –

Commission members discussed changing the policy pertaining to the submission of applications before a scheduled meeting. It was moved by Breslin and seconded by Sullivan that the Commission will change the application submission policy to no less than five business days before the date of the regular scheduled meeting. The clerk will post signs in appropriate locations and place on the Town website effective January 1, 2011.
Unanimous approval.


7. Discussion regarding request to Planning and Zoning Commission on possible zoning regulation amendments for minimum lot square and slopes –

Isabel Kearns, IWEO, distributed an email from Hiram Peck, Planning Consultant, dated November 21, 2010, Re: Questions for Wetland Commission on possible regulation amendments.

The Commission would like Mr. Peck to attend the next regular meeting scheduled for December 28, 2010. Ms. Kearns will invite Mr. Peck.


OLD BUSINESS

1. 429 Fairwood Road, Application #1157 submitted by EMG Properties, LLC for an IW Permit for the construction of a commercial building and parking area –

Present to speak on behalf of the application was Bill Walters, Civil Engineer and Land Surveyor for John Paul Garcia and Associates representing the applicant, William Grieger, who was also present.

In discussion, Commission members noted:
· That Kris Sullivan visited the site with Karen Walton, Assistant IWEO, and stated the plan is accurate as shown.
· The engineer needs to submit a detail on how the wetlands will be restored from the pipe installation.

Mr. Grieger reviewed the proposed project noting:
· That where the trench is proposed there are no materials that have to be removed or hauled off.

It was moved by Sullivan and seconded by Breslin to approve Application #1157 submitted by EMG Properties, LLC, for an Inland Wetlands Permit to construct a commercial building and parking area located at 429 Fairwood Road in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, CT:
· “Site Development Plan”, dated October 7, 2010, with no revisions, Drawing No. C-1.
· “Site Landscaping and Erosion Control Plan”, dated October 7, 2010, with no revisions, Drawing No. C-2.
· “Typical Details”, dated October 7, 2010, with no revisions, Drawing No. C-3.
· “Typical Details”, dated October 7, 2010, with no revisions, Drawing No. C-4.

in addition, is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
The applicant shall submit details concerning the wetlands crossing, the materials to be removed and the reestablishment of the wetlands area.
The provision of a bond in the amount to be determined based on an estimate by the Project Engineer, upon review by the Agency’s Consulting Engineer and in a form and amount acceptable to Town Counsel.
The placement of Inland Wetlands Conservation Area Signs is required and posted as determined by Staff.

The Commission’s decision was based on the exhibition of best engineering practices exhibited on the plan and if this plan is followed, there should be minimal or no disturbance to the wetlands. Unanimous approval.



It was moved by Sullivan and seconded by Breslin to adjourn the regular meeting at 9:19 p.m. Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
for the Inland Wetlands Commission

Tuesday, November 23, 2010

BOARD OF SELECTMEN
NOVEMBER 8, 2010
Page 1 of 2

Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea
Absent: Selectman Steven Thornquist

Visitors: Kathleen Schurman, Attorney Kevin McSherry

First Selectwoman Gorski called the meeting to order at 8:05 p.m. 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 special meeting of October 22, 2010. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. The motion was called. The vote taken was unanimous.

First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of October 25, 2010. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. The motion was called. The vote taken was unanimous.

First Selectwoman Gorski called for a motion of approval for the minutes of the special meeting of November 3, 2010. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. The motion was called. The vote taken was unanimous.

TAX REFUNDS
Selectman Shea moved to refund a total of $288.33 in tax refunds to the following for overpayment of taxes.

Jessica Ciola $ 25.00
Jessica Miller $ 11.22
Nissan Infiniti, LT $252.11

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

AIRPORT COMMITTEE REPORT
The Airport Committee Report was tabled.

EXECUTIVE SESSION TO DISCUSS CONTRACTS, REAL ESTATE AND PERSONNEL ISSUE
At 8:20 p.m. Selectman Shea moved to go into executive session to discuss contracts, real estate and personnel issues. First Selectwoman Gorski seconded the motion. At 8:35 p.m. Selectman Shea moved to exit the executive session. First Selectwoman Gorski seconded the motion. The vote taken was unanimous.



UNION CONTRACT
Selectman Shea moved the following resolution:

THAT, the Board of Selectmen of the Town of Bethany approve the Successor Agreement between the Town of Bethany and Local 1303 of Connecticut Council 4, AFSCME, AFL-CIO effective July 1, 2010 and expiring June 30 2015, and authorizing First Selectwoman Derrylyn Gorski to execute said agreement on behalf of the Town of Bethany. First Selectwoman Gorski seconded the resolution. The vote to accept was unanimous.

ADJOURNMENT
Adjournment was called at 8:40 p.m. after a motion was moved the Selectman Shea and seconded by First Selectwoman Gorski.


Respectfully submitted,


June G. Riley
Secretary, Board of Selectmen
BOARD OF FINANCE
NOVEMBER 9, 2010
Page 1 of 2

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

Chairman Brunwin called the meeting of the Board of Finance to order at 7:06 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.

APPROVAL OF MINUTES
Chairman Brunwin called for a motion to approve the minutes of the special meeting of October 5, 2010. The motion was moved by Stephen Squinto and seconded by Chip Spear. The vote taken was unanimous.

Chairman Brunwin moved to approve the minutes of the special meeting of October 22, 2010. Robert Brinton seconded the motion and then moved to amend the minutes by adding the following:

(October 11, 2010)
RESOLVED, that the Board of Finance recommends that the Town of Bethany appropriate $2,085,000 for costs in connection with various road improvement work including milling and paving, catch basin replacement and drainage improvements and curbing, and for costs in connection with the financing of the project. The project is contemplated to include work on all or portions of the following roads, and such other roads as may be determined from time-to-time by the Board of Selectmen: Wooding Hill Road, Perkins Road, Hunters Trail, Crestwood Road, Falcon Lane, Miller Road, Schaffer Road, Clay Road, Knollwood Road, Bethmour Road #1, Bethmour Road #2, Valley Road, Tawney Road, Collins Road and Russell Road. The Board of Selectmen shall determine the scope and particulars of the project and may reduce or modify the scope of the project, and the entire appropriation may be expended on the project as so modified or reduced. The appropriation may be spent for design, construction, materials, equipment, engineering, clerk of the works and other consultant fees, legal fees, net interest on borrowings and other financing costs, and other expenses related to the project or its financing.
FURTHER RESOLVED, that the Board of Finance recommends that the Town of Bethany authorize the issue of $2,085,000 bonds or notes and temporary notes to finance said appropriation.
The vote was called. There were five yes votes. Stephen Squinto abstained as he was absent from that meeting.
The Chairman called for a motion to approve the minutes of the meeting of November 3, 2010. The motion was moved by Robert Brinton Jr. and seconded by Sally Huyser. The vote was called. There were five yes votes and one abstention that of Stephen Squinto as he was absent from that meeting.

ELEMENTARY SCHOOL REPORT – TIM CONNELLAN
Tim Connellan was present to give a financial report to the Board regarding the closing balance for fiscal year 2009-10 for the Elementary School. He also discussed the budget for 2010-11 and the manner in which special education was affecting it. Tim reported that a number of staff members are taking the medical insurance buy out of $2,000 as they have medical insurance coverage through a spouse. There should be a savings in the medical insurance account because of these buy outs. This could perhaps offset some of the excess cost of special education. Sally Huyser suggested that the Board of Education should look the cost of special education to see if there were other programs that could help reduce the cost.

CHAIRMAN’S REPORT
Chairman Brunwin reported on a meeting that she and First Selectwoman Gorski had attended at the office of Marian Company LLC our auditors. They addressed budgeting and the impact that reduced State Aid could have on the budgets of towns and cities in the State of Connecticut.

Chairman Brunwin attended the Amity Financial meeting. At this meeting they had indicated the enrollment figures as of October 1, 2010 show the number of Bethany students attending Amity has decreased again for the second year. This will again lower the percentage that Bethany will pay to the Regional system. They also reported that there will be a surplus for this fiscal year.

FIRST SELECTWOMAN GORSKI’S REPORT
First Selectwoman Gorski reported that there was only one bid from a fund raising company for the Airport Hanger. When First Selectwoman Gorski did a reference check the company had only written grants but never did fund raising. The bid was tabled at this time. The Committee is looking at the possibility of a local person with experience in this type of fund raising to guide the committee.

The Highway Department has started the road repair as approved at the recent Town Meeting. Falcon and Crestwood Roads are the first on the list for repair.

BUDGET REPORTS FISCAL YEAR 2010-11
The Board reviewed the financial reports for fiscal year 2010-11. No problem areas were noted at this time.

ADJOURNMENT
Adjournment was called at 8:15 p.m. after a motion was moved by Chip Spear and seconded by Stephen Squinto. 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, NOVEMBER 3, 2010 Page 1 of 5

The regular meeting of the Planning and Zoning Commission was called to order at 7:02 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Commission members were present:
Sharon Huxley, Chairman
John Ford IV, Member
Mary Shurtleff, Member
Patricia Winer, Member, who arrived at 7:08 p.m.
Donald Shea Jr., Alternate Member, who arrived at 7:25 p.m.
Nellie Rabinowitz, Alternate Member

The following Commission members were excused or absent:
Melissa Spear, Vice-Chairman
Marc Adelberg, Alternate Member

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


It was moved by Shurtleff and seconded by Rabinowitz to move to the items of New Business.
Unanimous approval.


NEW BUSINESS

1) 99 Mesa Drive, Application #2010-019 submitted by MWP, LLC to modify the subdivision approval for drainage easement relocation –

The Commission formally received the application. Present to speak on behalf of this application was Paul Crotta, applicant and owner of record.

Mr. Crotta reviewed the proposed project noting:
That this application is to relocate the drainage easement.
That there is a potential buyer for this lot and the buyer would like the drainage easement relocated.

In discussion, Commission members noted:
The applicant is asking approval for the change of the contours and the drainage easement relocation, which would make this application a Site Plan Approval.
The applicant is moving the septic system and potentially the location of the house.
The applicant needs to submit a revised site plan showing the relocation of the septic and erosion and control measures.

The applicant needs to add wording on the deed as to the location change of the drainage easement from where it originally was approved and where it will be relocated.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, December 1, 2010. Tabled.


2) 187 Beacon Road, Application #2010-020 submitted by Beth Gaetano AKA: Gaetano Family Farm for a Home Occupation Permit for the sale of chicken eggs and chickens at farm markets and online –

The Commission formally received the application. Present to speak on behalf of this application was Beth Gaetano, applicant and owner of record.

Mrs. Gaetano reviewed the proposed project noting:
She would like to be able to work from her house online.
That she sells her eggs at the Seymour Farmers Market and at her work place in Cheshire (farm).
A representative from the State of Connecticut visited her property to inspect the few chickens she has at her home for health reasons.

Isabel Kearns, ZEO, stated that the Quinnipiack Valley Health District was not able to submit a report at this time.

In discussion, Commission members noted:
The applicant will not be selling from her home. It will be an office only. (application modified)
The Commission will have to wait for the Quinnipiack Valley Health District approval.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, December 1, 2010. Tabled.


3) Discussion regarding Outdoor Wood Burning Furnaces –

Isabel Kearns, ZEO, stated the First Selectman received an email from a concerned resident regarding the toxic emissions from an outdoor wood burning furnace and if Bethany would consider banning this type of outdoor furnace.

Hiram Peck, Planning Consultant, stated there are a few area towns in court right now pertaining to whether these towns have the authority to ban the outdoor furnaces and he recommends that the Commission wait for the outcome of these court cases.

Derrylyn Gorski, First Selectman, arrived at 7:25 p.m. and stated the resident sited in the email an address (Pleasant Drive) that has an outdoor furnace and Ms. Gorski would like the Commission to be aware of this inquiry.

Mr. Peck will gather more information for the next scheduled meeting on December 1, 2010. Tabled.


4) Discussion with Mike Okrent regarding Small Wind Energy Systems –

Mike Okrent, Chairman of the Clean Energy Task Force, inquired about the proposed Zoning Regulation amendment/addition pertaining to Section 5A – Permitting, Construction, operation, Maintenance and Abandonment of Small Wind Energy Systems, which the Commission held a public hearing and the public hearing was closed on March 3, 2010.

Chairman Huxley stated that there were concerns about the structures falling on other properties, light flicker, and noise and therefore, with the changing technology, the Commission decided to postpone making a decision.

Mr. Okrent asked the Commission if they would consider opening the issue back up again so that the Clean Energy Task Force can investigate into the potentials of the structures falling, noise issues and shadows.

The Commission told Mr. Okrent to proceed with the investigation and to return to the Commission with the information.


APPROVAL OF MINUTES

1. It was moved by Ford and seconded by Shea to approve, as submitted, the minutes of the October 6, 2010, Regular Meeting.
Voting for: Huxley, Ford, Shea
Unanimous approval.


GENERAL CORRESPONDENCE

1. Emails from Ulana Zinych of 87 Pleasant Drive, Isabel Kearns, ZEO and First Selectman Derry Gorski, Re: Outdoor Wood Burning Furnaces.
2. Letter from Inland Wetlands Commission, dated October 25, 2010, Re: Possible Zoning Regulation Amendments regarding excluding development in areas where the slopes are in excess of 25% and a “minimum lot square” be added to the requirements for the creation of new lots.
Isabel Kearns, ZEO, stated the Inland Wetlands Commission is concerned with 83 Beacon Road (application for a one-lot resubdivision, which was withdrawn) regarding the lot shape and steep slopes. Hiram Peck, Planning Consultant, will put together materials regarding standards of other towns. Ms. Kearns stated the Inland Wetlands Commission would like to meet with the Planning and Zoning Commission to discuss these concerns. The Commission will schedule a joint meeting with the Inland Wetlands Commission after Mr. Peck obtains the information.
3. Letter from Isabel Kearns, ZEO, to Garrett Vorio owner of 415 Fairwood Road, Re: Notice of Zoning Violation, possible fencing business.
4. Email from SCRCOG, dated October 14, 2010, Re: Town Of Woodbridge Referral on proposed Zoning Amendment to Section 4 – Sign and Artificial Light (attached).
5. Letter from SCC Regional Planning Commission, to Town of Woodbridge, dated October 18, 2010, Re: RPC review of proposed Zoning Amendment to Section 4.
6. Email from SCRCOG, dated November 3, 2010, Re: Town of Prospect Referral on proposed Zoning Amendments - Section 4.13 – Floodplains and Flood Hazard Areas; Article 2.2 – Definitions; Article 15 - Zoning Board of Appeals; Section IV of the Subdivision Regulations (attached).
7. Email from SCRCOG, dated November 3, 2010, Re: Town of Cheshire Referral on proposed Zoning Amendments – Section 46 – Flood Plain Management Regulation (attached).
8. Letter from Transportation Committee, dated November 1, 2010, Re: Transportation Committee and Transportation Technical Committee Meeting, November 10, 2010.


PUBLICATIONS AND WORKSHOPS

1. Land Use Academy Basic Training, Saturday, November 20, 2010.
2. Transit Forum, Tuesday, October 26, 2010.
3. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Fall 2010.
4. Connecticut Technology Transfer, Fall 2010.
5. The Connecticut Landscape Architect, Fall 2010.


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 October 2010, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO, reported on the following:

Ms. Kearns stated the road paving and drainage improvements approved at the October 6, 2010, regular meeting, would only include curbing where the water needs to be directed into the catch basins or if there are any complaints of water runoff from the roads onto the resident’s property.

415 Fairwood Road (Vorio) – Ms. Kearns issued a Notice of Zoning Violation dated October 29, 2010, regarding the storing of fencing on the property and the possibility of the operation of a fencing business from this location.

Ms. Kearns distributed a brochure from the Connecticut Department of Public Health in regards to Child Daycare Screening assessment for Environmental Risk Safer Program.


OLD BUSINESS

1. Discuss increasing application fees – Tabled.

2. Bethany Volunteer Fire Department revised Water Source Specifications – Isabel Kearns, ZEO, spoke to Fire Department about the Water Source Specifications and the Fire Department will bring the information to the Officer’s Meeting next week. Tabled.

3. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Isabel Kearns, ZEO, to draft a memo to the First Selectmen as to the status of this subject. Tabled.

4. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Isabel Kearns, ZEO, to draft a memo to the First Selectmen as to the status of this subject. Tabled.

5. Update on Halter Estates – Tabled.


It was moved by Winer and seconded by Shurtleff to adjourn the regular meeting at 8:15 p.m. Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk For the Commission

Monday, November 1, 2010

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, OCTOBER 25, 2010 Page 1 of 6

The regular meeting of the Inland Wetlands Commission was called to order at 7:38 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, Member
Brian Smith, Alternate Member, seated as a voting member

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

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


ELECTION OF OFFICERS

The Commission tabled the vote for Vice Chairman for the term of July 2010 to June 2011 until the next scheduled regular meeting on Monday, November 22, 2010.


APPROVAL OF MINUTES

1. It was moved by Sullivan and seconded by Smith to approve, as submitted, the minutes of the September 27, 2010, Regular Meeting.
Unanimous approval.

2. It was moved by Sullivan and seconded by Smith to approve, as submitted, the minutes of the October 12, 2010, Special Meeting.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Quinnipiack Valley Health District, dated September 17, 2010, Re: Review of plans revised to August 17, 2010, pertaining to 83 Beacon Road, One-lot resubdivision.
2. Letter from Diversified Technology Consultants, dated October 25, 2010, Re: Review of revised plans dated October 12, 2010, for 141 Northrup Road, Residential Site Plan Review.
3. Report from Soil Resource Consultants, dated September 23, 2010, Re: 40 Munson Road, Wetland Delineation. (Application #1152 approved September 27, 2010.)



4. Letter from Connecticut Water Company, dated September 22, 2010, Re: Revised Connecticut Water Company Water Supply Plan identifies Bethany land that may be available for disposition.
5. Copy of letter to Planning and Zoning Commission from the Inland Wetlands Commission, dated October 25, 2010, Re: Possible Zoning Regulation Amendments.
6. Letter from Connecticut Association of Conservation and Inland Wetlands Commission, Inc., dated October 1, 2010, Re: 2010-2011 CACIWC membership fees due and 33rd Annual Meeting and Environmental Conference, Saturday, November 13, 2010, at Mountain Ridge, Wallingford, CT.
7. Letter from State of Connecticut DEP, dated October 19, 2010, Re: Inland Wetlands Training DVD: An Introduction to Map Reading & Site Plan Review, included two DVDs.


PUBLICATIONS AND WORKSHOPS

1. 2010 Municipal Inland Wetland Commissioners Training Program: Segment 3.
2. “Soil and Water”, Southwest Conservation District Newsletter, Fall 2010.
3. “The Habitat”, Newsletter of the Connecticut Association of Conservation and Inland Wetlands Commissions, Inc., Fall 2010.
4. Connecticut Wildlife, September/October 2010.


BILLS

1. It was moved by Sullivan and seconded by Smith to approve the payment of $320.00, for professional services rendered by Soil Resource Consultants, David H. Lord, pertaining to 40 Munson Road, Delineation of Onsite Wetlands-Watercourses and Report.
Unanimous approval.

2. It was moved by Sullivan and seconded by Smith to approve the payment of $150.00 for Membership Renewal for two Commissions - Sustaining (Inland Wetlands and Conservation Commission) for the period of July 1, 2010 to June 30, 2011, to the Connecticut Association of Conservation and Inland Wetlands Commission, Inc. Unanimous approval.


NEW BUSINESS

1. 429 Fairwood Road, Application #1157 submitted by EMG Properties, LLC for an IW Permit for the construction of a commercial building and parking area –

Present to speak on behalf of the application was John Paul Garcia, P.E./L.S., representing the applicant, William Grieger.

Mr. Garcia reviewed the proposed project noting:
· The applicant is proposing to construct a 9,000 square foot building.
· The drainage work will be minimal and will tie into the storm drainage that has already been installed.

In discussion, Commission members noted:
· That the Commission would like to schedule a site visit. The clerk will email Commission members for their availability to conduct the site visit.
· The Commission requested the project engineer stake out the proposed building, the edge of the parking lot, the edge of the grading and the pipe crossing the wetlands.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 22, 2010. Tabled.


OLD BUSINESS

1. 83 Beacon Road, Application #1154 submitted by Jack Moscato for an IW Permit for a One-lot Resubdivision –

Present to speak on behalf of the application was Mr. John Paul Garcia, P.E./L.S., representing the applicant, Jack Moscato, who was also present.

In discussion, Commission members noted:
This proposed project has a potential for a significant impact to the wetlands (large pond across Beacon Road).
That the house can possibly be shifted further upslope.
Their concern with the drainage ditch at the bottom of the driveway with handling the runoff.
That the drainage ditch at the bottom of the driveway only had 1 ½" of clearance and it was filled with silt.
That the applicant should withdraw the application, find another way to handle the runoff, and resubmit the application to the Inland Wetlands Commission.

Mr. Garcia submitted a letter of withdrawal, dated October 25, 2010.


2. 141 Northrop Road, Application #1155 submitted by Donald Charbonneau for an IW Permit for a residential site development –

Present to speak on behalf of the application was John Paul Garcia, P.E./L.S., representing the applicant, Donald Charbonneau, who was also present.

In discussion, Commission members noted:
Revised plans, dated October 12, 2010, were submitted and reviewed by Mr. Garcia.
A letter from Diversified Technology Consultants, dated October 25, 2010, was received and one of the comments was to increase the pipe across the driveway from a 15” to an 18” or larger.

Commission members discussed and proceeded to deliberate.
It was moved by Smith and seconded by Breslin to approve Application #1155 submitted by Donald Charbonneau for an Inland Wetlands Permit to construct a residential site development located at 141 Northrop Road in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, CT:
· “Proposed Site Plan, Parcel 27, 141 Northrup Road, Bethany, Connecticut”, dated August 3, 2010, revised to October 12, 2010, Drawing No. C-1.
· “Proposed Site Plan, Parcel 27, 141 Northrup Road, Bethany, Connecticut”, dated June 30, 2010, revised to October 12, 2010, Drawing No. C-2.
· “Typical Details, Parcel 27, 141 Northrup Road, Bethany, Connecticut”, dated June 30, 2010, revised to October 12, 2010, Drawing No. C-3.

and is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
The applicant must comply with Item #1 of the letter from Diversified Technology Consultants, dated October 25, 2010, regarding increasing the pipe in driveway to an 18” pipe.
The provision of a bond in the amount to be determined based on an estimate by the Project Engineer, upon review by the Agency’s Consulting Engineer and in a form acceptable to Town Counsel.
The placement of Inland Wetlands Conservation Area Signs is required at 50-foot intervals along the identified wetlands buffer lines.
The planting of ten to fifteen highbush blueberry plants in the wetlands area shown on the plan at the front of the lot encompassing 4,651 square feet.

The Commission’s decision was based on the exhibition of sound engineering principles as verified by our engineering firm. Unanimous approval.


3. 26 Pine Brook Crossing, Application #1156 submitted by Monique Gaudet for an IW Permit for a residential site development –

Present to speak on behalf of the application was John Paul Garcia, P.E./L.S., representing the applicant, Monique Gaudet.

In discussion, Commission members noted:
A revised plan, dated September 29, 2010, was submitted and reviewed by Mr. Garcia.

Commission members discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application #1156 submitted by Monique Gaudet for an Inland Wetlands Permit to construct a residential site development located at 26 Pine Brook Crossing, in accordance with the submitted plan entitled, “Proposed Site Plan, Assessors Map 108, Parcel 8011, 26 Pine Brook Crossing, Bethany, CT”, dated August 23, 2010, revised to September 29, 2010, prepared by John Paul Garcia and Associates, Bethany, Connecticut and is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
· An additional revised plan shall be submitted which will change where the description says “Conservation Easement” to “Inland Wetlands Conservation Area”.
· The legend to be changed to include the nomenclature for the 150’ Upland Review Area and the Inland Wetlands Conservation Area.
· Posting of a bond based on the submission of a bond estimate by the Project Engineer with review by the Agency’s Consulting Engineer and in a form acceptable to Town Counsel.
· When a final letter is submitted by the Quinnipiack Valley Health District, that a copy be submitted to the Agency for its files.
· The appropriate signage posted along the 50-foot Inland Wetlands Conservation Area.
· When the deed for the property is transferred, reference to the Inland Wetlands Conservation Area so that the property owner be noticed.

The Commission’s decision was based on what appears to be best engineering practices exhibited on the plan and if this plan is followed, there should be minimal or no disturbance to the wetlands. Unanimous approval.


ENFORCEMENT OFFICER’S REPORT

Executive Session with Town Attorney.

At 8:37 p.m., it was moved by Sullivan and seconded by Smith to enter into executive session on the matter of pending litigation and to invite Kevin McSherry, Town Counsel, Isabel Kearns, Inland Wetlands Enforcement Officer, Karen Walton, Assistant Inland Wetlands Enforcement Officer and Antonia Marek, Clerk for the Commission. Unanimous approval.

At 8:46 p.m., it was moved by Sullivan and seconded by Smith to enter out of executive session.
Unanimous approval.

It was moved by Sullivan and seconded by Smith that the Commission authorizes Isabel Kearns, Inland Wetlands Enforcement Officer, to proceed with seeking an injunction regarding the activities that have occurred at 185 Beacon Road, which have been in violation of the existing Permit #906, approved April 28, 2002, at the site as documented by the report that the Inland Wetlands Commission has received from Rema Ecological Services, LLC, dated September 27, 2010.

226 Fairwood Road – The IWEO stated the owners originally received an IW permit for a two- bedroom rebuild and now they received a permit from QVHD for a three-bedroom house, which the house is not any bigger but are using new technology. The IWC filed the original permit on the Land Records for the two-bedroom house. The Commission advised that the owner modify the original permit to make it a three-bedroom house and then file the modified permit on the Land Records.

The IWEO mentioned the Town Meeting on November 4th pertaining to the increase in the Inland Wetlands Land Use Fees. The Commission would like to put together a fact sheet to handout at the Town Meeting.



It was moved by Sullivan and seconded by Smith to adjourn the regular meeting at 9:03 p.m. Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
for the Inland Wetlands Commission
BOARD OF FINANCE
BOARD OF SELECTMEN
SPECIAL MEETING
OCTOBER 22, 2010
Page 1 of 4

Attendance: Board of Finance
Chairman Janet Brunwin, Robert Brinton Jr., Chip Spear, Sally Huyser,

Attendance: Board of Selectmen
First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist joined the meeting at 6:20 p.m.

Visitors: Attorney Kevin McSherry

Chairman Brunwin and First Selectwoman Gorski called the meeting to order at 6:10 p.m. The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.

A brief discussion took place between the Boards regarding the necessary resolutions to be passed.

Chairman Brunwin then moved the following resolution for the Board of Finance:

RESOLVED, that the Board of Finance recommends that the Town of Bethany issue its refunding bonds, in an amount not to exceed $6,500,000, the proceeds of which are to be appropriated: (1) to fund one or more escrows, the balance held in such escrows, together with the investment earnings thereon, to be applied by the Town to the payment in whole or in part, as to be determined by the First Selectman and the Treasurer, of the outstanding principal of and interest on the Town’s $5,035,000 General Obligation Refunding Bonds, Issue of 2003 (consisting at original issue of $618,000 General Purpose Bonds and $4,417,000 School Bonds) and $3,845,000 General Obligation Bonds, Issue of 2006 (consisting at original issue of $3,845,000 General Purpose Bonds), including the payment of interest accrued on said outstanding bonds to the date of payment, and (2) to pay costs of issuance of the refunding bonds authorized hereby, including legal fees, consultants’ fees, trustee or escrow agent fees, underwriters’ fees, net interest and other financing costs and other costs related to the payment of the outstanding bonds described above.
Chip Spear seconded the resolution as moved by Chairman Brunwin. Chairman Brunwin called for a vote. The vote taken was unanimous.
Selectman Donald Shea then moved the following resolution for the Board of Selectmen:
RESOLVED, that the Board of Selectmen recommends that the Town of Bethany appropriate $2,085,000 for costs in connection with various road improvement work including milling and paving, catch basin replacement and drainage improvements and curbing, and for costs in connection with the financing of the project. The project is contemplated to include work on all or portions of the following roads, and such other roads as may be determined from time-to-time by the Board of Selectmen: Wooding Hill Road, Perkins Road, Hunters Trail, Crestwood Road, Falcon Lane, Miller Road, Schaffer Road, Clay Road, Knollwood Road, Bethmour Road #1, Bethmour Road #2, Valley Road, Tawney Road, Collins Road and Russell Road. The Board of Selectmen shall determine the scope and particulars of the project and may reduce or modify the scope of the project, and the entire appropriation may be expended on the project as so modified or reduced. The appropriation may be spent for design, construction, materials, equipment, engineering, clerk of the works and other consultant fees, legal fees, net interest on borrowings and other financing costs, and other expenses related to the project or its financing.
FURTHER RESOLVED, that the Board of Selectmen recommends that the Town of Bethany authorize the issue of $2,085,000 bonds or notes and temporary notes to finance said appropriation.
FURTHER RESOLVED, that a special town meeting be held at Bethany Town Hall Gym, 40 Peck Road, in the Town of Bethany, on the fourth day, November, 2010 at 7:30 p.m. to consider and vote upon a resolution with respect to the above recommendations.
First Selectwoman Gorski seconded the resolution. First Selectwoman Gorski called for a vote. The vote taken was unanimous.
First Selectwoman Gorski called for a resolution authorizing the issuance of bonds.
The following resolution was moved by Selectman Shea and seconded by Selectman Thornquist:
RESOLUTION OF BOARD OF SELECTMEN AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $6,500,000 REFUNDING BONDS FOR PAYMENT IN WHOLE OR IN PART OF THE OUTSTANDING PRINCIPAL OF AND INTEREST ON THE TOWN OF BETHANY’S $5,035,000 GENERAL OBLIGATION REFUNDING BONDS, ISSUE OF 2003 AND $3,845,000 GENERAL OBLIGATION BONDS, ISSUE OF 2006, AND COSTS RELATED THERETO
RESOLVED,
(a) That the Town of Bethany issue its refunding bonds, in an amount not to exceed SIX MILLION FIVE HUNDRED THOUSAND DOLLARS ($6,500,000), the proceeds of which are hereby appropriated: (1) to fund one or more escrows, the balance held in such escrows, together with the investment earnings thereon, to be applied by the Town to the payment in whole or in part, as to be determined by the First Selectman and the Treasurer, of the outstanding principal of and interest on the Town’s $5,035,000 General Obligation Refunding Bonds, Issue of 2003 (consisting at original issue of $618,000 General Purpose Bonds and $4,417,000 School Bonds) and $3,845,000 General Obligation Bonds, Issue of 2006 (consisting at original issue of $3,845,000 General Purpose Bonds), including the payment of interest accrued on said outstanding bonds to the date of payment, and (2) to pay costs of issuance of the refunding bonds authorized hereby, including legal fees, consultants’ fees, trustee or escrow agent fees, underwriters’ fees, net interest and other financing costs and other costs related to the payment of the outstanding bonds described above. The refunding bonds shall be issued pursuant to Section 7-370c of the General Statutes of Connecticut, Revision of 1958, as amended, and any other enabling acts. The bonds shall be general obligations of the Town secured by the irrevocable pledge of the full faith and credit of the Town. The Treasurer shall keep a record of the bonds and notes. The First Selectman and the Treasurer are authorized to determine the amount, date, interest rates, maturities, redemption provisions, form and other details of the bonds or notes; to designate a bank or trust company to be certifying bank, registrar, transfer agent and paying agent for the bonds or notes; to designate the persons to sign such bonds or notes by their manual or facsimile signatures in the name or on behalf of the Town; to designate a law firm to approve the legality of the bonds or notes; to designate a financial advisor to the Town in connection with the sale of the bonds; to sell the bonds or notes at public or private sale; to deliver the bonds or notes; and to perform all other acts which are necessary or appropriate to issue the bonds or notes.
(b) That the Town hereby declares its official intent under Federal Income Tax Regulation Section 1.150-2 that costs of the refunding may be paid from temporary advances of available funds and that (except to the extent reimbursed from grant moneys) the Town reasonably expects to reimburse any such advances from the proceeds of borrowings in an aggregate principal amount not in excess of the amount of borrowing authorized above for the refunding. The First Selectman and the Treasurer are authorized to amend such declaration of official intent as they deem necessary or advisable and to bind the Town pursuant to such representations and covenants as they deem necessary or advisable in order to maintain the continued exemption from federal income taxation of interest on the bonds authorized by this resolution, if issued on a tax-exempt basis, including covenants to pay rebates of investment earnings to the United States in future years.
(c) That First Selectman and the Treasurer are authorized to make representations and enter into written agreements for the benefit of holders of the bonds to provide secondary market disclosure information, which agreements may include such terms as they deem advisable or appropriate in order to comply with applicable laws or rules pertaining to the sale or purchase of such bonds.
(d) That First Selectman and the Treasurer are authorized to take all other action which is necessary or desirable to enable the Town to effectuate the refunding of all or a portion of the Town’s $5,035,000 General Obligation Refunding Bonds, Issue of 2003 and $3,845,000 General Obligation Bonds, Issue of 2006, and to issue refunding bonds authorized hereby for such purposes, including, but not limited to, the entrance into agreements on behalf of the Town with underwriters, trustees, escrow agents and others to facilitate the issuance of the refunding bonds, the escrow of the proceeds thereof and investment earnings thereon, and the payment of the outstanding bonds in while or in part.
(e) That the Board of Selectmen, the First Selectman, the Treasurer, the Board of Education, the Superintendent of Schools and other proper officers and officials of the Town are each authorized to execute and file all necessary applications, agreements and documents in order to obtain grants and to accept such grants, to the extent available, to defray all or any portion of principal and interest on or to pay issuance costs with respect to the refunding bonds authorized hereby.
(f) That the above authorization to issue refunding bonds shall lapse on June 30, 2011.
First Selectwoman Gorski called the vote. The vote taken was unanimous.
ADJOURNMENT
Adjournment was called after a motion was moved by Chairman Brunwin for the Board of Finance and seconded by Chip Spear and by Selectman Shea and seconded by Selectman Thornquist for the Board of Selectmen. The motion was called. The vote taken was unanimous. The meeting adjourned at 6:25 p.m.

Respectfully submitted,

June G. Riley
Secretary