Monday, March 28, 2011

MINUTES OF THE SPECIAL MEETING OF THE BETHANY INLAND WETLANDS COMMISSION ON TUESDAY, MARCH 22, 2011 Page 1 of 1 The special 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: Patricia McGregor, Chairman Alexandra Breslin, Vice-Chairman Kristine Sullivan, Member Brian Smith, Alternate Member The following members of the Commission were absent or excused: John Kane, Member Jack Ellison, Member Also present were: Isabel Kearns, Inland Wetlands Enforcement Officer Karen Walton, Assistant Inland Wetlands Enforcement Officer Dave Nafis, P.E. of Nafis & Young Consulting Engineers Agenda Work session pertaining to the following location: · 83 Beacon Road - Application #1161 for a One-lot Resubdivision (Meeting with Dave Nafis, Consulting Engineer) Commission members discussed with Mr. Nafis the issues and concerns pertaining to the site located at 83 Beacon Road, which included drainage, maintenance issues with the hillside, the driveway and the stormwater that flows across the street into the pond. The concern of the Commission is the potential for a significant activity into the pond and will discuss this with the project engineer and determine if a public hearing should be scheduled at the regular meeting on Monday, March 28, 2011. It was moved by Breslin and seconded by Sullivan to adjourn the special meeting at 8:15 p.m. Unanimous approval. Respectfully submitted, Antonia Marek, Clerk For the Inland Wetlands Commission
BOARD OF FINANCE SPEC IAL MEETING MARCH 22, 2011 Page 1 of 2 Attendance: Chairman Janet Brunwin, Chip Spear, Sally Huyser, John Grabowski, Robert Brinton Jr., Stephen Squinto joined the meeting at 7:20 p.m., First Selectwoman Derrylyn Gorski Visitors: Tim Connellan, Kathleen Schurman, Aileen Magda Chairman Brunwin called the meeting to order at 7:05 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. APPROVAL OF MINUTES Chairman Brunwin moved to approve the minutes of the meeting of March 15, 2011. The motion was seconded by Robert Brinton Jr. There were no changes to the minutes. The minutes were then accepted on a unanimous vote. ELEMENTARY SCHOOL Superintendent Tim Connellan distributed a staff organizational chart. Superintendent Connellan indicated that the assistant principal works 11 months of the year. The superintendent works 225 days of the year. The Board of Education employs 100 people. The present enrollment is 514 students. The Board of Finance questioned the number of employee/student ratio. First Selectwoman Gorski gave a statistics report for other towns in Connecticut with approximately the same number of students. The student /employee ratio was approximately the same throughout. The Board of Education could reduce their budget by $71,500 if the union accepts Aetna as their medical provider. Modifications within the teaching staff could save an additional $23,000. Superintendent Connellan indicated that the replacement of the oil tanks as they are twenty years old was the first priority on the Capital Expenditures list. The replacement of the water tank would be next on the list. The furnace replacements in both annexes need to be done but could be placed last on the list. CORRESPONDENCE The Bethany Library Association submitted a letter, further explaining their budget increase and giving clarification for statistical profile. AIRPORT FUND & MAINTENANCE The horse rings at the Airport are in need of repair. The announcer’s stand is also in need of repair. First Selectwoman Gorski has received a quote for repair of the rings. Three quotes were given, first for total repair by an outside contractor, second for repair by an outside contractor with the Town of Bethany purchasing the materials, and the third for machine rental from an outside contractor with the Town of Bethany hauling and supplying the materials. Two members of the Lion’s Club have volunteered to repair the announcer’s stand. They will need materials to do this repair work. Following a brief discussion Chairman Brunwin moved to approve up to $20,000 to be taken from the Airport Fund for repair of the horse rings and announcer’s stand. The vote was called. The vote was unanimous. BUDGET 2011-12 The Board reviewed the spread sheet listing the submitted budgets for all departments. The actuarial report for the Firemen’s Pension indicated that additional funds should be put into the investment account over the next few years because of recent lower interest rates on this account. There will be one fireman retiring during fiscal year 2012 and two the following year. Robert Brinton Jr. suggested increasing the snow and ice budget to at least the actual average cost of the past few years. Board members agreed with his suggestion. This line item was increased to $195,000. CAPITAL EXPENDITURES The Board opened discussion regarding closing out of some Capital Expenditures accounts. Following discussion Chairman Brunwin moved to close out the capital account for a tractor for $32,000 approved in 2006 but never purchased, balance of fire hose account for $2,158 requested in 2009 and fire tanker for $80 balance of lease purchase. The monies will revert back to the capital expenditures fund. Robert Brinton Jr. seconded the motion. The vote taken was unanimous. Other capital expenditure requests were discussed. No vote was taken on recommendations at this time for the 2011-12 budget year capital requests. ADJOURNMENT Adjournment was called at 8:35 p.m. after a motion was moved by Chip Spear and seconded by John Grabowski. The vote taken was unanimous. Respectfully submitted, June G. Riley Clerk, Board of Finance

Tuesday, March 22, 2011

BOARD OF FINANCE
MARCH 15, 2011
Page 1 of 2

Attendance: Chairman Brunwin, Chip Spear, Robert Brinton Jr., John Grabowski, Sally Huyser joined the meeting at 8:40 p.m.

Visitors: Cinda Buchter, Buff Bachenheimer, Claude Errera, James Foley, Debbie Demander, Kathleen Schurman, Robert McSherry

LIBRARY
Members of the Bethany Library Association Board were present to discuss the budget. James Foley explained that the library is not up to speed electronically. They have no website. The State of Connecticut gives a grant to the library, proportionately to what the town provides per capita. James indicated that the contribution of the Town of Bethany to the Clark Memorial Library is in the bottom ten in the State of Connecticut. The recent fund raiser brought in $15,000 to help offset budget shortfalls. The Board of Finance agreed to review the budget submitted by the
Bethany Library Association Board and to get back to them with any questions.

FIRE DEPARTMENT
The budget for the Bethany Volunteer Fire Department was reviewed by the Board of Finance. Chief McSherry explained that the solar panels on the firehouse room have helped reduce the cost of electricity. The other contributing factor is the automatic shut off switches that have been installed, turning off lights when the room is empty. The solution for poor emergency communications within the town is still being investigated. The State of Connecticut is saying that all towns must have adequate communications in place by 2013. The only Capital Expenditures request for the upcoming fiscal year is for the refurbishing of the 1989 pumper truck.

APPROVAL OF MINUTES
A motion was moved by Chairman Brunwin and seconded by Stephen Squinto to approve the minutes of the meeting of March 8, 2011. There were no changes to the minutes. The minutes were then approved on a unanimous vote without change.

POLICE/CONSTABLE
First Selectwoman Gorski discussed with the Board of Finance the budget for Police/Constables. The State of Connecticut will charge towns 100% of overtime rate for a trooper in the future. The Town of Bethany has hired two constables with full police powers, as they are police in other towns. Their rate is considerably less than that of a State Trooper. Since the vehicle being used by them is not in good repair, having been purchased several years ago as a used vehicle from the Town of Naugatuck, First Selectwoman Gorski is requesting that the town purchase a used SUV, to be used by the constables when they are on duty. The Police Revenue account, where money taken in for special duty work, i.e. tree trimming, utility work is deposited, should have a surplus which could offset the cost of such a vehicle. TFC Merriam estimates that such a vehicle should cost between $20,000 to $25,000.

BUDGET 2011-12
First Selectwoman Gorski reports that Aetna Insurance is the low bidder for health insurance, if they meet all the criteria for union contracts.

The Board briefly discussed ways to reduce the budget for the Elementary Board of Education. If the requirements for health insurance are met by Aetna, than an $89,000 reduction can be made in the Board of Education budget. The Board of Finance would also like the Board of Education to consider reducing the number of administrators.

ADJOURNMENT
Adjournment was called at 9:50 p.m. after a motion was moved by Chip Spear and seconded by Robert Brinton Jr.


Respectfully submitted,


June G. Riley
Clerk, Board of Finance

Friday, March 18, 2011

BOARD OF SELECTMEN
MARCH 14, 2011
Page 1 of 2

Present: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Kathleen Schurman, Rosemary DeFlippo
First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:35. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was signing of the accounts payable and payroll checks. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.

APPROVAL OF MINUTES – FEBRUARY 28, 2011
The minutes of the meeting of February 28, 2011 were unanimously approved without modification, by a motion moved by Selectman Shea and seconded by First Selectman Gorski.

PLAN OF CONSERVATION AND DEVELOPMENT RESOLUTION
The Town of Bethany has received a $12,000 grant for the Plan of Conservation and Development. The following resolution was moved by Selectman Shea and seconded by First Selectwoman Gorski:

RESOLVED, that the Board of Selectmen

(1) authorizes the application for the Municipal Plan of Conservation and Development Grant referenced in Section 13 (a) (1) and Section 32 (a) (1)of Public Act 07-7 (An Act Authorizing and Adjusting Bonds of the State for Capital Improvements and for Transportation Infrastructure Improvements and Concerning the Connecticut State University Infrastructure Act):

(2) identifies First Selectman Derrylyn Gorski as an individual authorized to sign the Notice of Grant Award and administer the grant. Such application is attached to and made a part of this record.

The vote taken was unanimous.

CARRINGTON CEMETERY
Discussion was opened regarding care of Carrington Cemetery. There has been a request by the Bethany Historical Society to restore some of the old grave markers. The cemetery road is in need of some repair. There has been a request discussed at a previous meeting about signs for both Carrington Cemetery and the Methodist Cemetery. The Board of Selectmen agreed that a Cemetery Committee should be created and members appointed by the Board of Selectmen to this committee.

LAKEVIEW LODGE RULES FOR USE
The Board of Selectmen briefly discussed the development of rules for use of the Lakeview Lodge by Town of Bethany civic organizations when a custodian is not on duty. A set of rules will be developed and a copy will be distributed to all the organizations using the facility, as well as the posting of a copy at the facility.



TAX REFUNDS
On a motion moved by Selectman Shea and seconded by Selectman Thornquist a total of $24.28 was refunded to the following:

Philip Krebs $18.18
GWB Horseshoeing $ 6.10

The vote taken was unanimous.

CORRESPONDENCE
Correspondence was received from Clare Aliberti, President and Founder of the Cheshire Farm Sanctuary asking the Board of Selectmen to consider reducing or waiving fees for the Bethany Horse Rings for an event on September 11, 2011 at the Bethany Airport. Following discussion the Board tabled decision on this request.

Correspondence was received from Kathy Consoli of the Surreybrook Preschool requesting a reduced rate for use of Lakeview Lodge for a prom for the graduating preschoolers of Surreybrook. The Selectmen discussed this request. It was determined that since the Surreybrook Preschool is not a nonprofit business it would be setting a precedence if the fee was reduced.

TAX INCENTIVE PROGRAM
The EMG Properties has sent to the Board of Selectmen their request to be accepted as a business qualifying for the Tax Incentive Program for 447 and 443 Fairwood Road. Selectman Shea moved the motion to forward the request to the Board of Finance. The motion was seconded by Selectman Thornquist. The vote taken was unanimous. The Board of Finance would approve and then forward to the Tax Abatement Committee for final approval.

ADJOURNMENT
The meeting was adjourned at 8:05 by motion of Selectman Shea and seconded by Selectman Thornquist. The vote taken was unanimous.

Respectfully submitted,


June G. Riley
Secretary, Board of Selectmen
DISTRICT ANIMAL CONTROL
Serving the Towns of Bethany – Orange - Woodbridge
Phone @203) 389-5991
135 Bradley Road
Woodbridge, CT 06525
Unapproved Minutes for DAC Board Meeting February 10, 2011
Present: Joan Blaskey, Joseph Hellauer, Cheryl Lipson, Brian Laubstein, DVM, James Zeoli,
Pamela Andreson, Clerk
Absent: Fred Dray
Guests: Margie Schenk, Terri Miles
Saff: Paul Niedmann, Dave Dorso, Gail Evanko, Dottie Bedan, Karen Lombardi
1) Meeting was called to order by Chairperson Blaskey at 7:35 PM.
2) Pledge Of Allegiance was recited.
3) Introductions.
4) Public Participation: No public participation.
5) Blaskey started the meeting by congratulating Lipson for receiving the Red Cross Award for her
work with AARF.
6) Review and approval of January 13, 2011 meeting. Motion by Zeoli/Hellauer to accept minutes.
Four approved, 1 abstained.
7) Census – Paul Niedmann: For the month of January, total animals redeemed were 4, 3 sold as
pets, 1 euthanized. In Woodbridge, 2 cats and 2 dogs were picked up. There were 23 calls which
required response and 6 handled by phone. In Bethany, 1 cat and 4 dogs were picked up. There
were 29 calls investigated, 8 calls were handled by phone. In Orange, 1 cat and 1 dog were
picked up. There were 21 calls that required response, 15 callswere handled by phone. Blaskey
asked for a report that could be printed in the paper to let the public know what DAC does and to
include things that AARF does for DAC. Karen Lombardi was introduced as a new per diem
employee. New Commissioner is Steven Reviczky.
8) Treasurer's Report – Joseph Hellauer: Correction was made on the 2nd page, Money Market
funds were transferred to checking account. Vet bill for cat that was adopted by Ryan Sheehy
will be investigated by Hellauer. Laubstein noticed a discrepancy in the month to date
expenditures. Hellauer will have Genovese make the correction. Motion to accept treasurer's
report by Lipson/Laubstein. Unanimous approval.
9) Chairperson's Report – Blaskey was informed by First Selectman, Ed Sheehy of Woodbridge,
that he received a letter from Dr. Nanavati requesting a citation for all he has done for DAC and
would like it to be in the paper. The budget committee, comprised of Zeoli, Blaskey and Lipson,
and will present a budget at the March meeting. The budget will reflect running the facility with
all three towns. Niedmann presented an on-call schedule to the board.
10)Motion to go into executive session by Lipson/Laubstein at 8:00PM to discuss personnel issues.
Lombardi and Niedmann were invited to join executive session. All in favor.
11) Return to regular session at 9:25PM. No motions made, no actions taken during executive
session.
1
12)Motion made by Zeoli/Hellauer to add addendum to the present Kennel Assistant job description
as follows: In the absence of the Lead ACO, the Kennel Assistant will report to the ACO
designated by the Lead ACO. All approved.
13)Motion by Laubstein/Lipson to return to winter schedule daytime hours effective February 27,
2011. All approved.
14)Motion by Zeoli/Laubstein to empower chairperson to sign the engagement letter with Michael J.
Dorney, Esquire. All approved.
15)Meeting adjourned at 9:30PM.
Respectfully Submitted,
Pamela Andreson Unapproved February 10, 2010
2
DISTRICT ANIMAL CONTROL
Serving the Towns of Bethany – Orange - Woodbridge
Phone @203) 389-5991
135 Bradley Road
Woodbridge, CT 06525
Unapproved Minutes for DAC Board Meeting March 10, 2011
Present: Joan Blaskey, Joseph Hellauer, Cheryl Lipson, Brian Laubstein, DVM, James Zeoli, Pamela
Andreson, Clerk
Guests: Steve Sappo, Bridget Albert, Jeannine Russo, Fred Musante
Saff: Paul Niedmann, Dave Dorso, Gail Evanko, Dottie Bedan
1) Meeting was called to order by Chairperson Blaskey at 7:33 PM.
2) Pledge Of Allegiance was recited.
3) Introductions.
4) Public Participation: Steve Sappo asked to get cat back that he says was stolen by a by a board member.
Woodbridge PD ruled the case a civil matter. Hellauer will make some calls and get back to Sappo. Lynn
Donato brought Henri by for an update. She thanked everyone at DAC again for all their help.
5) Review and approval of February 10, 2011 meeting. Motion by Laubstein/Hellauer to accept minutes.
Five approved, 1 abstained.
6) Treasurer's Report – Joseph Hellauer: Two areas need adjusting. Adjustment can be made by internal
transfer. Bethany and Woodbridge paid last quarter dues. Orange needs to make their payment. Motion
to accept treasurer's report by Laubstein/Zeoli. All in favor.
7) Census – Paul Niedmann: There were 5 animal redeemed, 10 sold as pets, 0 DOA, 1 euthanized. Total of
84 complaints, 1 animal bite and 1 infraction; summon issued. In Bethany 7 wildlife calls 24 cat, dog and
horse calls. In Orange 12 wild animal calls 18 dog & cat calls. In Woodbridge 21 wildlife calls and 21
dog complaints and 1 alpaca call. The number of wildlife calls are unusually high due to lots of coyotes
out. Blaskey noted that Waterbury shelter is full, can we do anything to help? Niedmann stated they are
mostly pits and pit mixes and Niedmann does not want to take them. Albert is willing to call a few rescue
groups about Waterbury dogs.
8) Chairperson's Report – Blaskey asked Dray to read a letter of appreciation to Dr. Nanavati. Hellauer
stated that flooding did not occur at DAC even though all ACO's were ready to evacuate the animals.
Public posting of Full Time ACO position in all three towns. Applications are due into Woodbridge
Town Hall by 4PM on Monday March 14th. Hiring committee is Hellauer, Blaskey and Dray. Zeoli
brought up leave of absence for Evanko for 4-6 weeks. Evanko has a follow-up appointment next week.
Evanko stated that she tried to come back to work and has a letter that she is ready to come back to work
at full duty, but was told she could not return. Zeoli stated that the board will not act on leave until
Evanko provide letter stating she can return to full duty.
9) Motion to go into executive session by Zeoli/Hellauer at 8:15PM to discuss budget, personnel and facility
issues. Niedmann was invited in for personnel and facility issue portion. All in favor.
10) Return to regular session at 9:56PM. No motions made, no actions taken during executive session.
Meeting adjourned at 9:59PM.
Respectfully Submitted,
Pamela Andreson Unapproved March 10, 2010
1
MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULARMEETING OF MONDAY, MARCH 14, 2011 Page 1 of 2

The regular meeting of the Zoning Board of Appeals was called to order at 7:07 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Board Members were present:
Carol Goldberg, Chair
Ruth Beardsley, Vice Chair
Steven Massey, Member
James Gugliotti, Member
Bradford Buchta, Alternate Member
Michael Hendrick, Alternate Member, seated as a full member

The following Board Members were absent or excused:
Ben Rosenbloom, Alternate Member

Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Hubbell, Assistant Zoning Enforcement Officer
Kevin McSherry, Town Attorney


ELECTION OF OFFICERS

It was moved by Beardsley and seconded by Gugliotti to nominate Carol Goldberg as Chair for the Zoning Board of Appeals for the 2010 to 2011 term. Unanimous approval.

It was moved by Massey and seconded by Gugliotti to nominate Ruth Beardsley as Vice-Chair for the Zoning Board of Appeals for the 2010-2011 term. Unanimous approval.

It was moved by Beardsley and seconded by Gugliotti to nominate Steve Massey as Secretary for the Zoning Board of Appeals for the 2010-2011 term. Unanimous approval.


MINUTES

It was moved by Gugliotti and seconded by Massey to approve, as submitted, the minutes of the May 10, 2010, Regular Meeting.
Voting for: Goldberg, Beardsley, Gugliotti, Massey, Hendrick.
Unanimous approval.






BILLS

It was moved by Gugliotti and seconded by Hendrick to approve the payment of a bill for $95.00, dated March 14, 2011, from Anne Sohon (Court Stenographer) for recording services for the public hearing (6 Sargent Drive).
Voting for: Goldberg, Beardsley, Gugliotti, Massey, Hendrick.
Unanimous approval.


6 SARGENT DRIVE – Requesting two sign variances and a certificate of approval for the proposed location of a gasoline station -

Kevin McSherry, Town Attorney, spoke before the Board proceeded with the public hearing. Attorney McSherry stated these applications pending before the Board do not belong here just yet. Attorney McSherry referred to the Bethany Zoning Regulations and the Connecticut State Statutes, stating a ZBA location approval would normally follow the approval of a zoning application. Attorney McSherry recommended the applicant withdraw the applications, obtain the Special Exception Permit for the location of a gas filling station and sign permits required by the Planning and Zoning Commission, and then return to the Zoning Board of Appeals.

Mr. John Paul Garcia, P.E./L.S. was present, representing the applicant. Mr. Garcia requested clarification and then submitted a letter of withdrawal for the two applications.


ADJOURNMENT

It was moved by Beardsley and seconded by Massey to adjourn the regular meeting at 7:25 p.m. Unanimous approval.


Respectfully submitted,


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

Monday, March 14, 2011

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, MARCH 2, 2011 Page 1 of 8

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, Member
Mary Shurtleff, Member
Patricia Winer, Member
Nellie Rabinowitz, Alternate Member, seated as a voting member as needed.
Marc Adelberg, Alternate Member
Donald Shea Jr., Alternate Member

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

APPROVAL OF MINUTES

1. It was moved by Winer and seconded by Shurtleff to approve, as submitted, the minutes of the January 5, 2011, Regular Meeting.
Voting for: Spear, Ford, Shurtleff, Winer, Rabinowitz.
Unanimous approval.

2. It was moved by Winer and seconded by Shurtleff to approve the minutes of the February 2, 2011, Regular Meeting with the following changes:
· Page 4, Final bullet point – Reads “The intent of this application is to get the permits in place, do the tie in and get the pad prepped, to stabilize and the building will be built in the summer.” Change to “The intent of this application is to get the permits in place, do the drainage tie in, get the pad prepped, to stabilize the site so that the building can be built in the summer.”
· Page 5, Third paragraph, Fifth bullet point – Reads “That as a condition of approval, a bond for erosion control measures, reclamation of the site, the landscaping of 4 trees and removal of the screener.” Change to ““That as a condition of approval, a bond be filed for erosion control measures, reclamation of the site, the landscaping of 4 trees and removal of the screener.”
· Page 5, Bold heading for Sperry Road – Reads “Sperry Road between Bethway Road and Hatfield Hill Road, Application #2011-003 submitted by Christine Silvestri” Change to “Sperry Road between Bethway Road and Hatfield Hill Road, Application #2011-003 submitted by Christine Silvestri for designation as a scenic road permit”.



· Page 11, Under Zoning Enforcement – Reads “The Commission scheduled a public hearing date of April 6, 2011, at the next regular meeting.” Change to “The Commission scheduled a public hearing date of April 6, 2011, at the regular meeting.”
Voting for: Huxley, Winer, Shurtleff, Adelberg, Shea.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Memo from Isabel Kearns, ZEO, dated January 31, 2011, Re: Comments from review of 116 Old Amity Road application and maps.
2. Letter from Nowakowski, O’Bymachow, Kane & Associates, to Isabel Kearns, ZEO, dated February 7, 2011, Re: Response to review comments from the ZEO, dated January 31, 2011, for 116 Old Amity Road.
3. Letter from SCC Regional Water Authority, dated February 16, 2011, Re: Review of 116 Old Amity Road, veterinary office.
4. Letter to Ray Pantalone, Bethany Tree Warden, from Isabel Kearns, ZEO, dated February 17, 2011, Re: Expansion of driveway at 116 Old Amity Road.
5. Letter from Rod White, Fire Marshal, dated February 22, 2011, Re: Comments from review of application for 116 Old Amity Road.
6. Email from Eugene Livshits, SCRCOG, dated February 24, 2011, Re: Receipt of referral for Bethany proposed Zoning Regulation Amendments to the Aquifer Protection Area Regulations.
7. Letter from PZC to Board of Selectmen, dated February 3, 2011, Re: Discussion of Outdoor Wood-Burning Furnaces be placed on Selectmen’s agenda.
8. Letter from Isabel Kearns, ZEO, to J. Bourret & E. Doering of 184 Sperry Road, dated February 8, 2011, Re: Zoning issues at 184 Sperry Road.
9. Letter from SCC Regional Planning Commission to Town of Cheshire, dated February 11, 2011, Re: Review of Cheshire’s proposed amendments to Aquifer Protection Area Regulations.

BILLS

1. It was moved by Spear and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for February 2011, 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 February 2, 2011, from John McLeod (Court Stenographer) for recording services for the public hearing (429 Fairwood Road, Sperry Road Scenic Road Application).
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO, reported on the following:
· The ZEO mailed a certified letter to Liz Doering of 184 Sperry Road, dated February 8, 2011, regarding lighting and boarding of horses. The ZEO has not had a response from Ms. Doering to date. The Commission questioned if Ms. Doering has a permit for the second barn on her property of 184 Sperry Road. The ZEO will investigate.
· The ZEO attended the State of CT, CT Siting Council, public hearing on a petition from BNE Energy, Inc. for a declaratory ruling that no Certificate of Environmental Compatibility and Public Need is required for the construction, maintenance and operation of a 3.2 MW Wind Renewable Generating facility located in Prospect CT, on February 23, 2011. Some of the concerns from residents were light flicker, reduction in property values, blade sheer, noise and quality of life. The next public hearing will be in Colebrook, CT, where turbines have been located and residents are not happy with the outcome. ZEO to attend the Colebrook hearing.
· The ZEO was subpoenaed for court regarding the Cusano’s of 185 Beacon Road versus the Gaetano’s of 187 Beacon Road on Wednesday, March 9, 2011, pertaining to easement issues and structures without permits.

NEW BUSINESS

1) 14 Chelsea Circle, Application #2011-005 submitted by Elizabeth Flaherty (Flaherty Medical Consulting, LLC) for a Home Occupation Permit to operate an office for a consulting business –

The Commission formally received the application. No one was present to speak on behalf of this application.

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved Shurtleff and seconded by Ford to approve the following resolution for Application #2011-005:

Re: Application #2011-005 submitted by Elizabeth Flaherty for a home occupation permit to operate a home office for Flaherty Medical Consulting, LLC at 14 Chelsea Circle. Said property is located in the R-65 zone and is not located in a public water supply watershed area.

Whereas, Elizabeth Flaherty (Flaherty Medical Consulting, LLC) applied to the Planning and Zoning Commission on March 2, 2011, for a home occupation permit to operate an office for Flaherty Medical Consulting, LLC at 14 Chelsea Circle;

Whereas, the Commission at its regular meeting of March 2, 2011, considered the statement of use dated February 9, 2011, narrative, testimony and other pertinent application information relating to this home occupation application;

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

1) Lynn Fox, Quinnipiack Valley Health District representative, signed off on the back of the application form on February 11, 2011, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on February 14, 2011, 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 December 17, 2010, the Bethany Planning and Zoning Commission approves the application of Elizabeth Flaherty for a home occupation permit to operate a home office for Flaherty Medical Consulting, LLC, as outlined in the Statement of Use dated February 9, 2011.
Voting were: Huxley, Spear, Shurtleff, Ford, Winer.
Vote: 5 to 0.
Unanimous approval.


2) 116 Old Amity Road, Application #2011-006 submitted by Kim McClure Brinton (Country Companions) for a Site Plan for an addition, Change of Use and Two (2) Sign Permits –

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

Mrs. Brinton presented a power point presentation on the project.

Mrs. Brinton reviewed the proposed project noting:
That she has been renting space in Bethany for her practice and recently purchased 116 Old Amity Road to continue operating her practice in Bethany.
That this is an outpatient clinic only.
That only a portion of the driveway will be paved.
That one sign will be down near the road with full cut off lighting and the other in the front attached to the building.

In discussion, Commission members noted:
That the landscaping plan is meeting the intent of the regulations.
That the septic system is too close to the proposed addition and will be moved.

Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved Spear and seconded by Ford to approve the following resolution for Application #2011-006:

Re: Application #2011-006 submitted by Kimberly McClure Brinton, owner of 116 Amity Rd., for Site Plan Approval, including an addition to existing building and loading dock, as well as a Change of Use to operate a veterinary clinic and two (2) Sign Permits – one (1) freestanding and one (1) attached located at 116 Old Amity Rd. The property is wholly located within the Business and Industrial Zone. It is located in the South Central Connecticut Regional Water Authority public water supply watershed area.

Whereas, Kimberly McClure Brinton applied on March 2, 2011, to the Bethany Planning and Zoning Commission for Site Plan Approval, including an addition to existing building and loading dock, as well as a Change of Use to operate a veterinary clinic and two (2) Sign Permits – one (1) freestanding and one (1) attached located at 116 Old Amity Rd;

Whereas, the Commission, at its regular meeting of March 2, 2011, considered the application information, statement of use, testimony and other pertinent information relating to a request for Site Plan Approval, including addition to existing building and loading dock, as well as a Change of Use to operate a veterinary clinic and two (2) Sign Permits – one (1) freestanding and one (1) attached located at 116 Old Amity Rd;

Whereas, as the subject property is located within the Business and Industrial Zone, the Commission finds that the change of use from residential to this veterinarian clinic brings the property in closer harmony with the zoning regulations, which prohibit residential uses as the principle use on business and industrially zoned property;

Now Therefore the Commission makes the following findings of fact:
1) The Commission received a letter dated February 28, 2011, from Alexis Rinaldi, representative of Quinnipiack Valley Health District, stating she has approved the construction of an addition for a veterinary clinic on the property.
2) The Commission received a letter dated February 22, 2011, from Rod White, Fire Marshal, who stated that he saw nothing preventing this office from approving the application at this time.
3) The Commission received a letter dated February 16, 2011, from Ronald Walters of the South Central Connecticut Regional Water Authority, in which he stated that the stormwater management system appears adequate and that hazardous wastes should be disposed of property.
4) The Inland Wetlands Commission approved Application #1162, for a site plan for a veterinary clinic at their regular meeting of February 28, 2011.
5) The Commission received correspondence dated February 17, 2011, from Isabel Kearns, ZEO, to Ray Pantalone, Tree Warden, in which she summarized her conversation with Mr. Pantalone stating that he would like to see the driveway to expand in a southerly direction in an effort to retain the maple tree on the north side of the driveway.

Now Therefore Be It Resolved, that pursuant to Section 5.5.A of the Bethany Zoning Regulations, last effective date of December 17, 2010, the Bethany Planning and Zoning Commission approves the Site Plan, including an addition to existing building and loading dock, as well as a Change of Use to operate a veterinary clinic and two (2) Sign Permits – one (1) freestanding and one (1) attached located at 116 Old Amity Road as presented in the application, statement of use and testimony and in accordance with the following submitted plans entitled:
· “Site Plan” prepared for Country Companions Veterinary Services, LLC, dated January 17, 2011, revised to February 1, 2011, prepared by Nowakowski, O’Bymachow, Kane Associates, Shelton, Connecticut.
· “Map of property – Existing Conditions Map” prepared for Country Companions Veterinary Services, LLC, dated December 28, 2010, revised to February 1, 2011, prepared by Nowakowski, O’Bymachow, Kane Associates, Shelton, Connecticut.
· “Proposed Site Plan” dated February 15, 2011, prepared by John A. Matthews A.I.A. Architecture and Planning, Madison, Connecticut.
· “Site Lighting Plan” dated February 3, 2011, prepared by John A. Matthews A.I.A. Architecture and Planning, Madison, Connecticut.
· “Site Lighting Point Calculation specified Locations” dated February 8, 2011, prepared by John A. Matthews A.I.A. Architecture and Planning, Madison, Connecticut.
· “Proposed First Floor Plan” dated January 18, 2011, prepared by John A. Matthews A.I.A. Architecture and Planning, Madison, Connecticut.
· “Proposed Second Floor Plan” dated January 18, 2011, prepared by John A. Matthews A.I.A. Architecture and Planning, Madison, Connecticut.
· “Proposed Basement & Foundation Plan” dated January 18, 2011, prepared by John A. Matthews A.I.A. Architecture and Planning, Madison, Connecticut.
· “Proposed Elevations” dated January 18, 2011, prepared by John A. Matthews A.I.A. Architecture and Planning, Madison, Connecticut.
· “Proposed Elevations and Building Sections” dated January 18, 2011, prepared by John A. Matthews A.I.A. Architecture and Planning, Madison, Connecticut.

And with the following conditions:
1) A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
2) The Fire Marshal must sign off prior to a certificate of occupancy.
3) There shall be no kennel services allowed.
Voting were: Huxley, Spear, Shurtleff, Ford, Winer.
Vote 5 to 0.
Unanimous approval.


3) 100 Miller Road, Application #2011-007 submitted by Chris Stoyer for a Two-Lot Resubdivision (Hopp Brook Subdivision) –

The Commission formally received the application. Present to speak on behalf of this application was Attorney Mike Alexander, representing the applicant, Chris Stoyer. Also present was James Sakonchick, P.E./L.S. of Kratzert, Jones and Associates, Inc.

Mr. Sakonchick reviewed the proposed project noting:
That the area outside of the floodplain is approximately 7 or 8 acres.
That he will contact the Conservation Commission pertaining to the conservation and trail easement.
That a waiver of fire suppression water source will be requested.

In discussion, Commission members noted:
A public hearing will be scheduled.
The application will be distributed to Staff for review.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, April 6, 2011. Tabled.


OLD BUSINESS

1) Discussion with Mike Okrent of the Clean Energy Task Force regarding Small Wind Energy Systems – Mr. Okrent was present for this discussion. Mr. Okrent stated he has researched the subject and reviewed this information with the Commission. Mr. Okrent shall work with Hiram Peck, Planning Consultant, to redraft the proposed regulation on Small Wind Energy Systems for a pilot program. Tabled.

2) Zoning Regulation Amendments to the Aquifer Protection Area Regulations – Hearing scheduled for April 6, 2011. Tabled.

3) Discussion regarding Outdoor Wood Burning Furnaces – Chairman Huxley stated she attended the February 14, 2011, Board of Selectmen Meeting and that the Board of Selectmen would like to wait and see the outcome of the Tolland, CT lawsuit and if the Department of Environmental Protection makes and changes in their regulations. The ZEO will continue to handle the furnaces as regulated at this time by the Department of Environmental Protection. Tabled.

4) Discuss increasing application fees – Chairman Huxley stated the Commission requested a survey of a schedule of fees for other towns and would like to forward a recommendation to the Board of Selectmen for a Town Ordinance. Mr. Peck will handle this. Tabled.

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

6) Discuss Architectural Reviews – Tabled.

7) Proposed Town of Bethany Noise Control Ordinance – Tabled.

8) Update on Halter Estates – Tabled.

It was moved by Shurtleff and seconded by Spear to adjourn the regular meeting at 8:55 p.m. Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
For the Planning and Zoning Commission

Thursday, March 10, 2011

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, FEBRUARY 28, 2011 Page 1 of 5

The regular meeting of the Inland Wetlands Commission was called to order at 7:50 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following members of the Commission were present:
Patricia McGregor, Chairman
Kristine Sullivan, Member
Brian Smith, Alternate Member, seated as a regular member

The following members of the Commission were absent or excused:
Alexandra Breslin, Vice-Chairman
John Kane, Member
Jack Ellison, Member

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


APPROVAL OF MINUTES

1. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the January 24, 2011, Regular Meeting.
Voting were: McGregor, Smith, Sullivan.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Nicholas Weber of 108 Beacon Road, dated February 5, 2011, Re: Concerned with impact of construction at 83 Beacon Road to pond at 88 Beacon Road.
2. Letter from Nafis & Young, dated February 15, 2011, Re: Review of IW application for 83 Beacon Road, proposed resubdivision of Lot 2.
3. Memo from Isabel Kearns, IWEO, dated January 31, 2011, Re: Review of application for 116 Old Amity Road.
4. Letter from Nowakowski, O’Bymachow, Kane & Associates, dated February 7, 2011, Re: Comments from review letter by IWEO, dated January 31, 2011.
5. Letter from SCC Regional Water Authority, dated February 16, 2011, Re: Comments from review of application for 116 Old Amity Road, veterinary office.








NEW BUSINESS

1. 32 Bachelor Oak Road, Application #1163 submitted by Paris Spanolios for an Inland Wetlands Permit for the installation of a 21’ round above-ground pool –

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

Mr. Spanolios reviewed the proposed project noting:
· That fill will be brought in to level area where pool will be placed.
· That Quinnipiack Valley Health District has approved the site plan.

In discussion, Commission members noted:
· That the applicant will clarify at the next meeting, March 28, 2011, which type of pool filter he will be using and will bring in an information sheet describing the filter.
· That the applicant took the site plans and will revise them to show where the erosion controls will be placed.
· That the applicant will submit a drawing to document how much fill will be brought into the site. (The IWEO will work with the applicant.)

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, March 28, 2011. Tabled.


2. 16 Falls Road, Application #1164 submitted by Robert Hilton for an IW Permit to construct a concrete patio and walkway –

The Commission formally received the application. Present to speak on behalf of this application was Robert Hilton, applicant, representing the owner of record, Jame Mank.

Mr. Hilton reviewed the proposed project noting:
· That presently there is a deck on the back.
· That the applicant is proposing to construct a 16’ by 30’ concrete patio.

In discussion, Commission members noted:
· That the patio will be a sand base and then poured concrete.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, March 28, 2011. Tabled.






3.) Discussion regarding Hop Brook Resubdivision, 100 Miller Road (letter for PZC)

Present for this discussion was Attorney Michael Alexander representing Mr. Stoyer, the proposed applicant.

Isabel Kearns, IWEO, briefly reviewed the 100 Mill Road, Hop Brook Subdivision stating that the IWC approved three lots and the PZC only approved one lot. Ms. Kearns continued on stating that the applicant will be going before the PZC to obtain the three lots and will need a letter from the IWC stating that the changes to the site plan are minor and will not cause a significant activity. Ms. Kearns stated the changes on the site plan are minor in nature and will not cause any disturbance to the wetlands (changes were a lot line revision and a temporary easement was changed to a permanent access and grading easement).

After discussion with Attorney Alexander, it was the consensus of the Commission that the proposed applicant must submit an application for a modification of the permit for 100 Miller Road to reflect the changes that were made (lot line and easement) to the site plan. Attorney Alexander stated they would submit a modification an application at the next regular meeting, March 28, 2011.

OLD BUSINESS

1. 83 Beacon Road, Application #1161 submitted by Jack Moscato for an Inland Wetlands Permit for a one-lot resubdivision –

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

Mr. Garcia reviewed the proposed project noting:
· That he received comments from Nafis & Young, dated February 15, 2011, and has not revised the plans pending a discussion with Dave Nafis and his client (Jack Moscato) pertaining to the level-spreaders.
· That Mr. Moscato will obtain Dorothy Moscato’s (spouse) signature on the application for she is listed as an owner of record.
· That Mr. Moscato will take care of the application fees of $1,610.00 fees.

In discussion, Commission members noted:
· That the slope varies between 15% and 12% and goes down to 8%.
· That the applicant will need to grant an extension of time in which to commence the public hearing.

The Commission received a letter from Nicholas Fox Weber of 108 Beacon Road, dated February 5, 2011, regarding the concern of silt runoff from 83 Beacon Road, which can impact the adjacent wetlands on the property of 88 Beacon Road. The Commission would like to address this issue further regarding the runoff and the State’s involvement with the basin on Route 42.
The Commission will schedule a Special Meeting on Tuesday, March 15, 2011, at 7:30 p.m. in the Commission Meeting Room to discuss this application further with Dave Nafis, Town Engineer, and determine if a public hearing should be scheduled.

Mr. Moscato questioned the amount of the application fee. The Commission stated there was a new fee scheduled adopted by the Town to cover specific costs acquired by an application (for example costs for engineering reviews and legal notices).

Mr. Garcia granted an extension of time for 35 days to begin the public hearing on the subject application.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, March 28, 2011. Tabled.

2. 116 Old Amity Road, Application #1162 submitted by Kimberly McClure Brinton, Country Companions Veterinary Services, Inc. for an IW Permit for the approval of a site plan to operate a veterinary clinic -

Present to speak on behalf of this application was Kimberly McClure Brinton, applicant and owner of record.

Mrs. Brinton reviewed the proposed project noting:
· That she operates a mixed practice serving all animals including lamas, alpacas, sheeps and goats.
· That this practice will be a working outpatient clinic, no animal stay overnight.

In discussion, Commission members noted:
· That this location is appropriate for the use of a veterinary clinic.
· That the applicant is proposing a 26’ by 50’ addition and a parking area.

Commission members proceeded to deliberate.

It was moved by Sullivan and seconded by Smith to approve Application #1162 submitted by Kimberly McClure Brinton for an Inland Wetlands Permit to construct a 26-foot by 50-foot addition and parking area to operate Country Companions Veterinary Services located at 116 Old Amity Road in accordance with the following submitted plans prepared by Nowakowski, O’Bymachow, Kane, Associates, Shelton, Connecticut:
a) “Site Plan” prepared for Country Companions Veterinary Services, LLC, dated January 17, 2011, revised to February 1, 2011.
b) “Map of Property – Existing Conditions Map” prepared for Country Companions Veterinary Services, LLC, dated December 28, 2010, revised to February 1, 2011.

Also, this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the exhibition of best management and engineering practices exhibited on the plan and if this plan is followed, there should be no disturbance to the wetlands. Unanimous approval.


3. Discussion with Hiram Peck, Planning Consultant, regarding the possible regulation amendments suggested by the Inland Wetlands Commission –

Mr. Peck was not available. Tabled.


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

The Commission continued the discussion concerning revising the wording on the Conservation Area Signs.

After discussion, the proposed wording is as follows: “NOTICE - YOU ARE IN AN INLAND WETLANDS REVIEW AREA. YOUR ACTIVITY ON THIS SITE MAY REQUIRE
ACTION BY THE BETHANY INLAND WETLANDS COMMISSION. CONTACT THE BETHANY IWC CLERK AT TOWN HALL”. Tabled.


ENFORCEMENT OFFICER’S REPORT

Isabel Kearns, IWEO, stated there is no report due to blanket of snow and ice.



It was moved by Sullivan and seconded by Smith to adjourn the regular meeting at 9:09 p.m. Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
for the Inland Wetlands Commission