Friday, July 16, 2010

MINUTES OF THE BETHANY PLANNNG AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JULY 7, 2010 Page 1 of 9

The regular meeting of the Planning and Zoning Commission was called to order at 7:05 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Commission members were present:
Sharon Huxley, Chairman
Melissa Spear, Vice-Chairman
John Ford IV, Member
Mary Shurtleff, Member
Patricia Winer, Member
Donald Shea Jr., Alternate Member, seated as second voting member as needed.
Marc Adelberg, Alternate Member, seated as first voting member as needed.

The following Commission member was excused or absent:
Nellie Rabinowitz, Alternate Member

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

ELECTION OF OFFICERS AND APPOINTMENT OF STAFF

Mary Shurtleff prepared a proposed Slate of Officers for the term of July 2010 to June 2011. The nominations were as follows:
Chair: Sharon Huxley
Vice-Chair: Melissa Spear
Secretary: Mary Shurtleff
Alternate Secretary: Patricia Winer
Representative to the South Central Regional Planning Commission: Sharon Huxley
Alternate Representative to the South Central RPC: Mary Shurtleff
Representative to the West Rock Ridge State Park Council: Steve Massey

It was moved by Spear and seconded by Winer to accept and approve the Slate of Officers as submitted for the term of July 2010 to June 2011.
Unanimous approval.

Chairman Huxley stated the Commission needs to appoint the following Staff:
Planner – Hiram Peck
Zoning Enforcement Officer – Isabel Kearns
Assistant ZEO – Karen Walton
Clerk – Antonia Marek

It was moved by Winer and seconded by Ford to accept and approve the appointment of Staff as submitted for the term of July 2010 to June 2011.
Unanimous approval.

APPROVAL OF MINUTES

1. It was moved by Shea and seconded by Ford to approve the minutes of the June 2, 2010, Regular Meeting with the following corrections:
· Page 24, Item #7, first sentence – Reads “Hiram Peck, Planning Consultant, stated that he contacted a graphic firm that he has previously used pertaining for the completion of the revised Town Plan for formatting and cleaning up and is requesting the Commission’s approval for the cost. Mr. Peck is recommending this firm to the Commission and stated when he gets the final draft; he will submit the draft to the Commission for review.” Change to “Pertaining to the completion of the revised Town Plan, Hiram Peck, Planning Consultant, stated that he has contacted a graphic’s firm that he has previously used pertaining to the formatting and cleaning up of the Town Plan and is requesting the Commission’s approval for the cost. Mr. Peck stated that when he receives the final draft, he will submit the draft to the Commission for review.
Voting for: Huxley, Ford, Shurtleff, Shea, Adelberg.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from SCC Regional Water Authority to the IWC, dated June 4, 2010, Re: Review comments on 116 Sperry Road, indoor riding arena and barn addition.
2. Copy of Inland Wetlands Permit #1148 approved on June 28, 2010, for the construction of a covered riding arena, an addition to existing barn and associated construction located at 116 Sperry Road.
3. Letter from Quinnipiack Valley Health District, dated July 6, 2010, Re: Review comments on 116 Sperry Road, proposed indoor riding ring, addition to barn and paddocks.
4. Letter from Ravenswood Homes, dated June 16, 2010, Re: 34 Schaffer Road, 3-lot subdivision, Lot #2, release of bond for driveway installation and trench drain.
5. Letter from SCC Regional Water Authority, dated June 23, 2010, Re: Review comments on 234 Amity Road, daycare expansion.
6. Anonymous letter, dated June 25 and June 29, 2010, Re: Opposed to business located at 375 Bethmour Road.
7. Letter from IWC to Board of Selectmen, dated June 29, 2010, Re: Requesting the Inland Wetlands and Watercourses Fee Schedule be unincorporated from the Code of the Town of Bethany.
Hiram Peck, Planning Consultant, stated the IWC can request the Board of Selectmen to make this change and Mr. Peck has some suggestions on the pros and cons of this. Chairman Huxley, asked Mr. Peck to have his suggestions prepared for the next regular meeting on August 4, 2010.
8. Email from Eugene Livshits of SCC Regional Planning Commission, dated June 8, 2010, Re: Town of Prospect proposed Zoning Text Amendment to add Gunsmith Activities.
9. Letter from SCC Regional Planning Commission, dated June 11, 2010, Re: Response to Town of Prospect proposed Zoning Text Amendment to add Gunsmith Activities.


10. Email from Eugene Livshits of SCC Regional Planning Commission, dated June 28, 2010, Re: Town of Hamden proposed Zoning Regulation Amendments to correct errors to allow for the keeping of hens.


BILLS

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

2. It was moved by Shurtleff and seconded by Winer to approve the payment of a bill for $95.00, dated June 2, 2010, from John McLeod (Court Stenographer) for recording services for public hearings (437 and 443 Fairwood Road, 3 Northrop Road, Proposed Zoning Amendments).
Unanimous approval.


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


NEW BUSINESS

1) 34 Schaffer Road (3-Lot Subdivision) – Discussion with Ravenswood Homes on bonding for drainage – Richard Fiske of Ravenswood Homes, submitted a letter dated June 16, 2010, pertaining to this matter but was not present at the meeting. Isabel Kearns, ZEO, stated that there is a drainage issue with Lot 2 on Schaffer Road and the owner of record failed to add to the new owner contract the requirement of posting a bond for the driveway drainage. Ms. Kearns stated she contacted the Town Attorney and he directed her not to release the bond for the public improvements until the driveway drainage is completed. Chairman Huxley directed Ms. Kearns to ask the Town Attorney to prepare a letter concerning this matter and send to Ravenswood Homes, the Board of Selectmen and the Planning and Zoning Commission.

2) 234 Amity Road, Application #2010-014 submitted by Surreybrook Preschool, LLC to modify the existing permit to expand the existing daycare facility to allow for 20 additional students and 2 additional staff –

The Commission formally received the application. Present to speak on behalf of this application was Kathy Consoli, Member, for Surreybrook Real Estate, LLC.


Ms. Consoli reviewed the proposed project noting:
· That Surreybrook Preschool will take over the vacant space that was previously rented and add another classroom to allow for 20 more students.
· That the Sunroom business (previously renting space) has now left the property which means all trucks and employees have also left.
· That Quinnipiack Valley Health District approved the application on June 28, 2010.

In discussion, Commission members noted:
That the Commission needs to have the Fire Marshal approval for public safety.
Now that the trucking company has moved out, how many more additional parking spaces are there? (Ms. Consoli responded 10 more parking spaces with a total of 27.)

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Spear and seconded by Winer to approve the following resolution for Application #2010-014:

Whereas, Kathy Consoli, owner of 234 Amity Road, applied on July 7, 2010, to the Bethany Planning and Zoning Commission for a Change of Use Permit (Application #2010-014) to expand the existing Surreybrook Preschool and Child Development Center, LLC into all other portions of the building known as 234 Amity Road (as shown on the floor plan submitted June 25, 2010). There shall be a maximum of 92 children and 17 staff members;

Whereas, the Commission, at its regular meeting of July 7, 2010, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to expand the existing Surreybrook Preschool and Child Development Center, LLC into all other portions of the building known as 234 Amity Road (as shown on the floor plan submitted June 25, 2010). There shall be a maximum of 92 children and 17 staff members;

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

Now Therefore, the Commission makes the following findings of fact:

1) John Laudano, Quinnipiack Valley Health District Representative, signed off on the back of the application form on June 28, 2010, indicating that the subsurface sewage disposal system is only approved for 92 children.
2) Roderick White, Fire Marshal, signed off on the back of the application form on June 28, 2010, indicating his approval.
3) Ronald Walters of the SCC Regional Water Authority submitted a letter dated June 23, 2010, in which he stated he has no comments regarding the expansion of the daycare.

Now Therefore Be It Resolved, that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to April 7, 2010, the Bethany Planning and Zoning Commission approves the Change of Use Permit to expand the existing Surreybrook Preschool and Child Development Center, LLC into all other portions of the building known at 234 Amity Road, as shown on floor plan submitted June 25, 2010, as presented in the application, statement of use and testimony and with the following conditions:

1) This approval is for a maximum of 92 children.
2) A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
3) The Fire Marshal must sign off prior to a certificate of occupancy.
4) A site plan depicting emergency access and additional parking spaces must be submitted and approved by the Fire Marshal when building permits are applied for.
Vote: 5 to 0.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.


PUBLIC HEARING

116 Sperry Road, Application #2010-013 submitted by Claire Wiseman for a Special Exception Permit for an Indoor Riding Ring, Addition to Barn, and Paddocks -

At 7:39 p.m., Chairman Huxley called to order the public hearing on Application #2010-013 for a Special Exception Permit for an Indoor Riding Ring, Addition to Barn and Paddocks. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.

Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Letter from South Central Connecticut Regional Water Authority to the Inland Wetlands Commission, dated June 4, 2010, Re: Review comments on 116 Sperry Road, indoor riding arena and barn addition.
Exhibit 1B – Copy of Inland Wetlands Permit #1148 approved on June 28, 2010, for the construction of a covered riding arena, an addition to existing barn and associated construction located at 116 Sperry Road.
Exhibit 1C –Letter from Quinnipiack Valley Health District, dated July 6, 2010, Re: Review comments on 116 Sperry Road, proposed indoor riding ring, addition to barn and paddocks.
Exhibit 1D – Letter from Quinnipiack Valley Health District to John Paul Garcia, dated July 6, 2010, Re: 116 Sperry Road, B100a Proposal for replacement system for existing house, relocation of existing barn, construction of new indoor riding area and paddock area.

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



Mr. Garcia reviewed the proposed project noting:
· That it is the intent of the applicant to move the small barn forward and construct an 80 foot by 120 foot indoor riding ring.
· That the revised plans, revised to June 16, 2010, encompasses all the requirements and comments from the Regional Water Authority and the Inland Wetlands Commission.
· That this is not a commercial application. This for a private use for the applicant who is purchasing the property.
· That the Quinnipiack Valley Health District is concerned with the septic system proposed under a paddock.

In discussion, Commission members noted:
· The Commission needs to see a lighting plan with full cutoff lighting.
· The Commission would like a reply from the Regional Water Authority that all their concerns were addressed in the revised plans dated June 16, 2010.
· The Commission recommends that the manure storage area be moved to comply with the Zoning Regulations.

The Commission scheduled a site visit for Saturday, July 10, 2010, at 8:30 a.m. Commission members to meet at the subject property.

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

At 8:06 p.m., Chairman Huxley recessed the public hearing and continued it to the next regular meeting on Wednesday, August 4, 2010, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall.


Continued with OLD BUSINESS

3) 375 Bethmour Road, Application #2010-015 submitted by John and Kimberly Migliaro for a Home Occupation Permit for Cabinetry –

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

Mr. Migliaro reviewed the proposed project noting:
· That there will be no retail traffic.
· That he would eventually like to have employees.
· That this business is a small operation out of his basement.
· That there are no excessive commercial tools.
· That the operation is inside a closed space.
· That the work is primarily residential.

The Commission received an anonymous letter dated June 25 and June 29, 2010, Re: Opposed of approval of Home Occupation Permit at 375 Bethmour Road due to excessive noise.

Hiram Peck, Planning Consultant, stated that the best way to control the noise is that when the shop is in operation, the doors should be closed to keep the noise down and contained.

In discussion, Commission members noted:
That a condition of approval be that the noise nuisance be revisited in a few months.
That one way to keep noise contained is to install brown board/sound board on walls.
That the barn on the property would be a better location for the business but needs to be renovated.

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Ford and seconded by Shurtleff to approve the following resolution for Application #2010-015:

Whereas, John & Kimberly Migliaro, owners of 375 Bethmour Road, applied to the Planning and Zoning Commission for a Home Occupation Permit (Application #2010-015) to operate a cabinetry business limited to the basement and garage area on the property; and

Whereas, the Commission at its regular meeting of July 7, 2010, considered the statement of use, narrative, testimony and other pertinent application information relating to this Home Occupation Application;

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

1) Lynn Fox from Quinnipiack Valley Health District signed off on the back of the application form on July 7, 2010, indicating her approval.
2) Roderick White, Fire Marshal, signed off on the back of the application form on July 7, 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, amended to April 7, 2010, the Bethany Planning and Zoning Commission approves the Home Occupation Application of John and Kimberly Migliaro to operate a home occupation of a cabinetry manufacturing business at 375 Bethmour Road limited to the basement and garage area as presented in the application, statement of use and testimony and with the following conditions:

1) The hours of operations will be Monday through Saturday, 7:30 a.m. to 5:30 p.m.
2) Work is limited to the basement and garage area.
3) No more than two (2) employees.
4) Revisit the site in six (6) months if there is a noise nuisance.
Vote: 5 to 0.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.

4) 29 Hunter’s Trail, Discussion with Lou Cuomo pertaining to boarding stable and living quarters in the stable – Present for this discussion was Mr. Lou Cuomo, owner of record. The ZEO stated that Mr. Cuomo came to her to discuss what his options would be if he gives his home to his son and constructs a living quarters in the barn for himself. The ZEO stated that in the Zoning Regulations Section 4.4.I.1 it states that 6 acres is required for living quarters in a horse stable and Mr. Cuomo stated he has 5.78 acres. The Commission discussed this matter with Mr. Cuomo and would like the ZEO to do research on this Section of the regulations for clarification and report back to the Commission at the next meeting. Tabled.


ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO, reported on the following:

185 Beacon Road, Cusano – The owners allowed our soil scientist to go on their property and we have not received a report back yet.

437 Fairwood Road, Grieger - Operation on Fairwood Road. The owner needs to file mylar for the lot split and easements. The owner not in agreement with the bond amount set by Diversified Technology Consultants. Chairman Huxley recommended that the Town Attorney write a letter to Mr. Grieger as to what needs to be done along with the Cease and Desist.


OLD BUSINESS

1. 116 Sperry Road, Application #2010-013 submitted by Claire Wiseman for a Special Exception Permit for an Indoor Riding Ring, Addition to Barn, Paddocks – Hearing continued to August 4, 2010. Site Visit scheduled for July 10, 2010. Tabled.

2. Proposed amendment to the Bethany Zoning Regulations to add Section 5A – Permitting, Construction, Operation, Maintenance and Abandonment of Small Wind Energy Systems – Tabled.

3. Revised Draft of the Town Plan of Conservation and Development – Hiram Peck, Planning Consultant, distributed sample copies of the Town Plan that were prepared by the graphic artist. Commission members reviewed and made suggestions. Mr. Peck will have changes made and report back to the Commission at the next regular meeting, August 4, 2010. Tabled.

4. Discuss increasing application fees – Tabled.

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


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

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

8. Update on Halter Estates – Tabled.



It was moved by Ford and seconded by Spear to adjourn the regular meeting at 9:15 p.m. Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
For the Planning and Zoning Commission
BOARD OF SELECTMEN
JULY 12, 2010
Page 1 of 2

Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Dawn Brinton
First Selectwoman Gorski called the meeting to order at 7:40 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. Accounts Payable check signing was completed as the first order of business. 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 June 28, 2010. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. There were no changes made to the minutes of that meeting. The vote taken was two (2) yes votes for approval as submitted. Selectman Thornquist abstained as he was absent from that meeting.

FEES FOR USE OF PAVILION AT VETERANS MEMORIAL PARK
The Selectmen opened discussion regarding the fee schedule for use of the pavilion at Veterans Memorial Park as prepared by the Park and Recreation Commission. Modifications were made to this schedule by the Selectmen and Attorney McSherry. The fee schedule will now become part of the Veterans Memorial Park Facility Use Permit.

STOP SIGN INTERSECTION OF BEAR HILL ROAD AND HOP BROOK ROAD
First Selectwoman Gorski discussed with TFC David Merriam the need for a stop sign at Hop Brook Road and Bear Hill Road intersection. TFC Merriam felt that perhaps roadside trimming could improve the visibility at this intersection. No action was taken at this time to approve a stop sign at this site.

FALLS ROAD AND FAIRWOOD ROAD INTERSECTION
The Selectmen discussed placement of an additional stop sign at the intersection of Falls Road and Fairwood Road, to create a four way stop at this location as recommended by TFC Merriam. Following discussion Selectman Thornquist moved to place the stop sign as recommended by TFC Merriam to create a four way stop at Falls Road and Fairwood Road intersection. The motion was seconded by Selectman Shea. The vote taken was unanimous.

CORRESPONDENCE
Correspondence was received by the Selectmen from George and Barbara Welker regarding a visibility problem at the intersection of Route 69 and Rainbow Road. The Welker’s are concerned that exiting Rainbow Road on to Route 69 to go north is very dangerous. They would also like brush cut on the southerly side of this intersection to improve visibility. First Selectwoman Gorski has notified the DOT of their concern as this is a State highway. During a previous administration a study of that intersection was completed by the State of Connecticut. The State did acknowledge that it was a bad intersection, however as there was no record of any serious incidents the only way to correct site vision would be to completely re-grade Route 69 in that area and they would not recommend this due to cost. The Welkers also wanted it noted that they felt the new design and replacement of compactors at the Recycling Center was not well planned, and certainly no improvement over the previous arrangement.





LAND ACQUISITION
The Selectmen had a brief general discussion regarding Land Acquisition.

ADJOURNMENT
Adjournment was called at 8:45 p.m. after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.


Respectfully submitted,


June G. Riley
Secretary, Board of Selectmen
BOARD OF FINANCE
JULY 13, 2010
Page 1 of 2

Attendance: Chairman Janet Brunwin, Chip Spear, Robert Brinton Jr., John Grabowski, First Selectwoman Derrylyn Gorski
Visitors: Alan Green

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

APPROVAL OF MINUTES
Chairman Brunwin moved a motion to approve the minutes of the previous meeting. The motion was seconded by Chip Spear. There were no changes to the minutes. The minutes were then accepted on a unanimous vote as written.

ELEMENTARY SCHOOL REPORT – JOHN GRABOWSKI
John Grabowski attended the most recent Elementary Board of Education meeting. John reported that the Board of Education has decided to change the titles of Head Masters to Principal and Assistant Principal and are accepting applications to fill the Assistant Principal position due to the resignation of Head Master Mary Frederico. There was a discussion among Board of Education members as to number of administrators at various schools with the same school enrollment as Bethany, however it was the consensus of the Board of Education to fill the position at this time. The job of Assistant Principal is advertised as a one year position.

FIRST SELECTWOMAN GORSKI
SCHEDULE OF MAJOR ROAD REPAIR AND TOTAL COST FOR BOND PROPOSAL
First Selectwoman Gorski and Alan Green presented to the Board of Finance the Major Road Improvement list for major repair to Bethany roads, as prepared by Chip Spear and Alan Green. An open discussion then took place regarding this list. The list contained the roads that need major repair, the square footage of each road, the square yardage estimate, reclaim cost, asphalt contractor estimate, number of catch basins to repair with cost to repair, asphalt cost estimate and the total cost to do this work. The total estimated cost of repair would be $1,631,486. The Board then discussed possibilities of bonding to complete this work as soon as possible and spread the expenditure over a seven year period. Bond Counsel will need to provide the Town with information on cost of bonding. The Board of Finance would have to hold a special meeting to approve the information provided by Bond Counsel for the bonding. First Selectwoman Gorski would then have to call a special Selectmen’s meeting to set a date for a special Town Meeting. The Board also suggested that First Selectwoman Gorski ask Bond counsel if the Town could borrow from the General Fund to get started before bonding paper work was complete.

CONNECTICUT STATE POLICE
First Selectwoman Gorski reports that she has spoken to the Attorney General’s Office regarding the problem Bethany and all similar small towns are having with the rate, charged by the State of Connecticut for overtime troopers when used for extra duty or special events.



SALARY INCREASE FOR TOWN HALL EMPLOYEES
First Selectwoman Gorski reports that Town Hall employees received a 4.9% salary increase for fiscal year 2010-11 since they received no increase last fiscal year.

UNION CONTRACT
The union contract with AFSCME Union Local #1303 Council #4 for the Highway Department has been accepted by the Town and Highway Department employees. The contract will have to be officially accepted by the Board of Selectmen and authorization by the Board of Selectmen for First Selectwoman Gorski to sign the contract.

ADJOURNMENT
Adjournment was called at 8:30 p.m. after a motion was moved by John Grabowski and seconded by Robert Brinton Jr. The vote taken was unanimous.


Respectfully submitted,


June G. Riley
Clerk, Board of Finance