Tuesday, December 20, 2011

BOARD OF FINANCE
DECEMBER 13, 2011
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Attendance: Chairman Janet Brunwin, Sally Huyser, Chip Spear, Aileen Magda, John Grabowski, Robert Brinton Jr.

Visitors: Marcia Marian, Michael Battista, First Selectwoman Derrylyn Gorski

Chairman Brunwin called the meeting of the Board of Finance 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 moved to approve the minutes of the meeting of October 4, 2011. Sally Huyser seconded the motion. There were no changes to the minutes. The vote was called. The vote was unanimous.

Chairman Brunwin moved to approve the minutes of the meeting of November 8, 2011. Sally Huyser seconded the motion. There were no changes to the minutes. The vote was called. The vote was five yes votes and one abstention that of Chip Spear as he was absent from that meeting.

AUDIT FISCAL YEAR 2010-11
Marcia Marian was present to review the draft audit with the Board of Finance for fiscal year 2010-11. At completion of her presentation the following items were discussed in detail:

Chairman Brunwin moved a motion to close out the Family Day and Playhouse funds using a Residual Equity transfer as suggested by Marcia Marien. The motion was seconded by Sally Huyser. This transfers the balance in each fund into the General Fund balance. The vote was called. The vote taken was unanimous.

Chairman Brunwin moved a motion to create a new fund for the Bethany Community School Roof Repairs. Sally Huyser seconded the motion. This fund will be used to account for the insurance reimbursement already received for the repair in fiscal 2010-2011 as well as the expenditures to make the repair in 2011-2012. The vote was called the vote taken was unanimous.

Chairman Brunwin made a motion to make budget transfers to balance the final accounts as was the past practice of the Board of Finance. Chip Spear seconded the motion. Discussion followed regarding the overspending in certain departments. The vote was called. The vote taken was three (3) yes votes that of Chairman Brunwin, Chip Spear and Sally Huyser. There were three no votes that of Robert Brinton Jr., John Grabowski and Aileen Magda.

There was discussion regarding managing budgeted expenditures to ensure that overspending without Board of Finance knowledge/approval is prevented, and whether utilizing encumbrances was feasible with the current town hall staffing. Marcia Marien pointed out that all financial statements for all funds be reviewed by the Board of Finance at lease quarterly and suggested joining with the Board of Education to fund and hire a Finance Manager.

Final approval of the audit was tabled until the next meeting.

TAX INCENTIVE PROGRAM
The Board of Finance acknowledged receipt of the application for the Tax Incentive Program from EMG Properties from the Board of Selectmen. It will now be forwarded to the Tax Assessor.

CHAIRMAN’S REPORT
Chairman Brunwin reported that she had attended the Amity Finance meeting.

At this time it is reported that Amity should have a $363,000 surplus by the end of the year.

The Amity teacher’s contract has not been settled, however negotiations are going well. Dr. Brady has indicated that perhaps they will not call for a budget referendum this year due to the poor percentage of voter turnout in all three towns the past few years.

FIRST SELECTWOMAN’S REPORT
First Selectwoman Gorski reported that the Bond Sale will be tomorrow. It is estimated that the Town will save $313,000 in interest over the life of the Bond Issue by refinancing the old bonds and the bonding for road repair. The interest rate will probably be under 3%.

Senator Joe Crisco has notified the Town of Bethany that they will be eligible for the DECD Grant. This grant can be used to replace additional windows at Town Hall.

The Bethany Elementary School teachers have settled their three year contract. The first year of the contract there will be no increase in salaries. Year two salaries will increase by 3% and year three the salaries will increase 3%.

First Selectwoman Gorski reports that the Highway Department payroll overtime for the hurricane was $12,000 and the overtime payroll for the snow storm was $14,000.

The check has been received for the LoCip money due the Town in fiscal year 2010-11 for the Pavilion construction and road work. The total received was $187,000. The check has come too late for the auditors to credit it in fiscal year 2010-11. The money was posted to the Accounts Receivable line item.

Recent bad weather has had an impact on Park and Recreation registration. Revenues are down, but so
is expenditures, as some programs have had to be canceled due to the weather.


ADJOURNMENT
Adjournment was called at 10:05 p m. after a motion was moved by Sally Huyser and seconded by Chip Spear. The vote was called. The vote taken was unanimous.
Respectfully submitted,

June G. Riley
Clerk, Board of Finance
BOARD OF SELECTMEN
NOVEMBER 28, 2011
Page 1 of 3

Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Stuart Horton, Kathleen Schurman, Rod White
First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:40 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 then asked all to rise for the Pledge of Allegiance.
APPROVAL OF MINUTES
First Selectwoman called for a motion of approval for the minutes of October 25, 2011. The motion was moved by Selectman Shea and seconded by First Selectwoman Gorski. The vote was called. The vote taken was unanimous for approval as written.

TOWN GARAGE AND TOWN HALL ROOF BIDS
Bids were opened by First Selectwoman Gorski for the roof replacement for the Town Hall and Town Garage. The bids were as follows:

Shoreline Home Improvement LLC
Town Garage $ 5,200
Town Hall $14,800

D & R Custom Builders Inc.
Town Garage $ 5,800
Town Hall $10,500

The bids will be reviewed by Rod White and First Selectwoman Gorski. The bid will be awarded at the next Selectmen’s meeting.

LIONS CLUB
Stuart Horton was present to discuss with the Board of Selectmen a service the Bethany Lions Club would like to provide for the Town of Bethany. They would like to hold a document shredding day at the Recycling Center for the residents on April 21, 2012. A donation would be suggested for anyone using the service. Following discussion Selectman Thornquist moved to approve the concept of holding a paper shredding day at the Recycling Center on April 21, 2012, sponsored by the Bethany Lions Club, with the details to be worked out for set up. Selectman Shea seconded the motion. The vote taken was unanimous.

BETHANY ATHLETIC ASSOCIATION HOPPE FIELD LEASE
First Selectwoman Gorski received a complaint from a resident regarding the difficulty he had encountered when he asked about the use of Hoppe Field for Bethany children’s baseball league. The present twenty year contract will be up in April 2012. Attorney McSherry noted violations by the Bethany Athletic Association in carrying out the present lease. The Board of Selectmen will discuss this matter at a future meeting when more information is available.
SOUTH CENTRAL REGIONAL COUNCIL OF GOVERNMENT REGIONAL PERFORMANCE INCENTIVE PROGRAM
Inter-municipal Shared Services Feasibility Study
Selectman Shea moved the following resolution that was seconded by Selectman Thornquist:

The study would identify best opportunities for cost savings through multi-town collaboration in the provision of services and the performance of government operational functions, in particular purchasing. The study would also explore possible cost-saving collaborations between municipalities and Boards of Education, as well as possibilities for inter-municipal equipment sharing. Through cooperation, municipalities can more efficiently use their resources to satisfy the demand for services in difficult economic times. By recognizing regional opportunities for service sharing, municipalities can reduce their costs through economies of scale and scope.

The Board of Selectmen of the Town of Bethany met on November 28, 2011 and adopted a Resolution by a vote of three to zero endorsing a proposal to be submitted by the South Central Regional Council of Governments (SCROCOG) for a Regional Performance Incentive grant pursuant to Section 5 of Public Act 11-61 (An Act Concerning Responsible Growth). The SCRCOG proposal is for an Inter-municipal Shared Services Feasibility study. A summary of such proposal is attached to and made a part of this record.
Regional Performance Incentive Program Proposal/Regional Web-Based GIS
Selectman Thornquist moved the following resolution that was seconded by Selectman Shea:
The regional GIS program would help integrate the region’s planning activities carried out by SCRCOG, such as those related to transportation and land use. In addition, the program would aid in the economic development efforts of Regional Economic Xcelleration (REX) such as market-based research. Municipal benefits, include the ability to view data in a regional context, including infrastructure (i.e. roads, utilities), environmental features, and demographic data. A regional we-based GIS would enable municipalities to collaborate more efficiently on projects of regional significance. For the municipalities in the region with limited or no GIS capabilities, they would have access to a robust regional system, which would significantly reduce start-up and operational costs. In cases where municipalities already have GIS capabilities, they would have access to additional data layers. A regional web-based GIS allows for greater accessibility to data for municipal staff and the general public, improving the region’s public outreach process. Users, regardless of technical expertise, would be able to take advantage of the regional website for online mapping and data analysis to better understand the local and regional landscape.
The Board of Selectmen of the Town of Bethany met on November 28, 2011 and adopted a resolution by a vote of three to zero endorsing a proposal to be submitted by the South Central Regional Council of Governments (SCRCOG) for a Regional Performance Incentive grant pursuant to Section 5 of Public Act 11-61 (An Act Concerning Responsible Growth). The SCRCOG proposal is for a Regional Web-Based GIS Program. A summary of such proposal is attached to and made a part of this record.
AUDIT
Marian and Company will be here on Tuesday November 29, 2011 to discuss the audit draft with First Selectwoman Gorski and Board of Finance Chairman Janet Brunwin. The audit should be finalized by the Board of Finance meeting of December 13, 2011.

MEETING SCHEDULE
The Board of Selectmen reviewed the meeting schedule for 2012. After minor changes the schedule was accepted on a unanimous vote following a motion moved by Selectman Thornquist and seconded by Selectman Shea.

TAX REFUNDS
Selectman Shea moved to refund to Nissan Infinitti, LT the sum of $379.44 and to Robert J. Gaetano the sum of $50.54 all for overpayment of taxes. Selectman Thornquist seconded the motion. The vote taken was unanimous.

CORRESPONDENCE
Correspondence was read by First Selectwoman Gorski from Barrie Collins regarding excess tree trimming and the fact that trees were not the only cause of power outages in the recent storms. Old telephone poles also snapped causing power outages. She urged preservation of trees especially on rural roads.

ADJOURNMENT
Adjournment was called at 9:10 p.m. after a motion was moved by Selectman Thornquist and seconded by Donald Shea. The vote taken was unanimous.

Respectfully submitted,

June G. Riley
Secretary, Board of Selectmen

Friday, December 16, 2011

BOARD OF SELECTMEN
SPECIAL MEETING
DECEMBER 1, 2011
Page 1 of 1

Attendance: First Selectwoman Derrylyn Gorski, Selectman Steven Thornquist, Selectman Donald Shea
Visitors: Roderick White,Elyse Rogers
First Selectwoman Gorski called the special meeting of the Board of Selectmen to order at 4:30 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The purpose of this special meeting was to award the roof bids for both the Town Hall vault and the Town Garage roof replacements.
Elyse Rogers led the Selectmen in the reciting of the Pledge of Allegiance.
AWARDING OF ROOF BIDS
Roderick White was present and made the recommendation after a review of the bids to award the bid to D & R Custom Builders Inc. The motion to award the bid for roof replacement for the vault roof at Bethany Town Hall and Bethany Town Garage to D & R Custom Builders Inc. was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
ADJOURNMENT
Adjournment was called at 4:35 p.m. after a motion was moved by Selectman Shea and seconded by Selectman Thornquist. The vote taken was unanimous.

Respectfully submitted,
June G. Riley
Secretary, Board of Selectman
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, DECEMBER 7, 2011 Page 1 of 13

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:
Melissa Spear, Chair
Mary Shurtleff, Vice-Chair
Patricia Winer, Member
Michael Calhoun, Member
Kimberly McClure Brinton, Member
Donna Shea, Alternate Member
Nellie Rabinowitz, Alternate Member

The following Commission Member was absent or excused:
Marc Adelberg, Alternate Member

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


APPROVAL OF MINUTES

1. It was moved by Shurtleff and seconded by Brinton to approve the minutes of the October 5, 2011, Regular Meeting with the following corrections:
Page 3 – Last Sentence – Reads “At 7:37 p.m., Chairman Huxley recessed the public hearing and continued it to the next regular meeting on Wednesday, November 2, 2011, in the Commission Meeting Room.” Change to “At 7:37 p.m., Chair Spear recessed the public hearing and continued it to the next regular meeting on Wednesday, November 2, 2011, in the Commission Meeting Room.”
Page 6 – Item 4) – 5th Sentence – Reads “Also Ms. Kearns recommended that due to the stream, Mr. Stoyer will place medallions on the trees for the conservation easement instead of the monuments in or next to the stream.” Change to “Also Ms. Kearns recommended in order to avoid disturbing the stream, Mr. Stoyer be allowed to place medallions on the trees for the conservation easement instead of the monuments in or next to the stream.”
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Copy of letter from Diversified Technology Consultants to IWC, dated August 10, 2011, Re: Review of plans for 18 Munson Road, dated June 1, 2011.
2. Copy of letter from Diversified Technology Consultants to IWC, dated September 22, 2011, Re: Review of revised plans for 18 Munson Road, dated September 20, 2011.
3. Letter from Rod White, Fire Marshal, dated October 26, 2011, Re: Comments on review of application for 18 Munson Road.

4. Copy of Inland Wetlands Permit #1166 for 18 Munson Road for an Inland Wetlands Permit for a building addition and parking/loading area approved September 26, 2011.
5. Letter from Quinnipiack Valley Health District dated October 31, 2011, Re: Comments on review of application #2011-024 and #2011-025 for 18 Munson Road.
6. Letter from John Paul Garcia, P.E., dated November 2, 2011, Re: Request for postponement of public hearing scheduled for November 2, 2011, due to power outage, 18 Munson Road.
7. Letter from South Central Connecticut Regional Planning Commission, dated October 14, 2011, Re: Comments on review of proposed zoning regulation amendment to Section 6 – prohibited uses.
8. Submitted by Stuart Cuthbert of 403 Fairwood Road, dated October 18, 2011, twelve photographs of property located at 415 Fairwood Road, illegal fencing business.
9. Email from Stuart Cuthbert of 403 Fairwood Road, dated December 5, 2011, Re: 415 Fairwood Road, illegal fencing business.
10. Letter from John Paul Garcia & Associates, dated October 27, 2011, Re: Waiver request for parking for proposal at 6 Sargent Drive.
11. Letter from South Central Connecticut Regional Water Authority, dated November 2, 2011, Re: Comments on review for 6 Sargent Drive, gas station/convenience store.
12. Letter from Quinnipiack Valley Health District to Mike Patel owner of 6 Sargent Drive, dated November 9, 2011, Re: Requesting information on what food products would be sold at proposed convenience store at 6 Sargent Drive.
13. Letter from Quinnipiack Valley Health District to John Paul Garcia, P.E., dated November 9, 2011, Re: Comments on review of subsurface sewage disposal system design for proposed retail building at 6 Sargent Drive.
14. Submitted by Chris Stoyer of 100 Miller Road, a copy of map entitled “Resubdivision Map for Hopp Brook Resubdivision”, dated October 14, 2002 and March 1, 2003, revised to May 13, 2011, and with red hand drawn markings submitted on November 16, 2011, showing trees where medallions will be placed for the conservation easement.
15. Copy of email from Jim Geloso of 9 Munson Road to Isabel Kearns, ZEO, dated October 26, 2011, Re: Change in company name from Connecticut Sheet Metal to Bethany Supply located at 9 Munson Road.
16. Email from Eugene Livshits of SCRCOG, dated October 12, 2011, Re: Town of Cheshire proposed zoning regulation amendment regarding directional signage for critical/urgent care facilities.
17. Letter from Nancy McCarthy, Town Clerk, dated November 22, 2011, Re: Request for 2012 schedule of regular meetings for the Planning and Zoning Commission with attached draft prepared by clerk for 2012 regular meetings.

It was moved by Calhoun and seconded by Winer to add Item #17 above to the agenda for the December 7, 2011, regular meeting and to approve the adoption of the January 2012 through January 2013 schedule as presented to the Commission by the Clerk.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.




PUBLICATIONS AND WORKSHOPS

1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Fall 2011.
2. The Connecticut Landscape Architect, Fall 2011.


BILLS

1) It was moved by Calhoun and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for November 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.

2) It was moved by Brinton and seconded by Shurtleff to accept the Chair Spear’s approval of the payment of $1,000.00 (monthly pro rata basis), for services rendered for October 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO, reported on the following:
Ms. Kearns distributed a sheet entitled “Zoning Violations – December 7, 2011” for the Commission’s review and stated the First Selectman has assigned a hearing officer for zoning violations. Chair Spear directed Ms. Kearns to contact the property owners by mail once more before any action taken for a hearing.


PUBLIC HEARINGS

· 18 Munson Road, Application #2011-024 submitted by RDC Holding LLC for a Business Addition and Parking/Loading Area –
· 18 Munson Road, Application #2011-025 submitted by RDC Holding LLC for a Special Exception Permit for Outside Storage –

At 7:34 p.m., Chair Spear called to order the public hearing on Application #2011-024 and Application #2011-025. The call for the public hearing was read. Chair Spear reviewed the complete contents of the application files.





Chair Spear then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Copy of letter from Diversified Technology Consultants to IWC, dated August 10, 2011, Re: Review of plans for 18 Munson Road, dated June 1, 2011.
Exhibit 1B – Copy of letter from Diversified Technology Consultants to IWC, dated September 22, 2011, Re: Review of revised plans for 18 Munson Road, dated September 20, 2011.
Exhibit 1C - Letter from Rod White, Fire Marshal, dated October 26, 2011, Re: Comments on review of application for 18 Munson Road.
Exhibit 1D - Copy of Inland Wetlands Permit #1166 for 18 Munson Road for an Inland Wetlands Permit for a building addition and parking/loading area approved September 26, 2011.
Exhibit 1E - Letter from Quinnipiack Valley Health District dated October 31, 2011, Re: Comments on review of application #2011-024 and #2011-025 for 18 Munson Road.
Exhibit 1F - Letter from John Paul Garcia, P.E., dated November 2, 2011, Re: Request for postponement of public hearing scheduled for November 2, 2011, due to power outage, 18 Munson Road.
Exhibit 1G – Letter from Isabel Kearns, ZEO, dated July 13, 2011, Re: Review comments on applications for 18 Munson Road.
Exhibit 1H – Letter from South Central Connecticut Regional Water Authority to IWC, dated July 21, 2011, Re: Comments on review of 18 Munson Road, construction of building addition.
Exhibit 1”I” – Letter from South Central Connecticut Regional Water Authority to IWC dated August 19, 2011, Re: Comments on review of revised site plan dated July 25, 2011, for 18 Munson Road, Construction of building addition.
Exhibit 1J – Submitted by Isabel Kearns, ZEO, copy of the “Certification of Soil Erosion and Sedimentation Control Plan” to be approved by the Commission.

Present to speak on behalf of the applicant was John Paul Garcia, P.E./L.S. of John Paul Garcia and Associates. Mr. Garcia presented an overview of the proposed project.

In discussion, Commission members noted:
· The existing septic system is failing and it will be replaced.
· Landscaping to be bonded.

Chair Spear then asked if there were any comments from the public. There were no comments.

There being no further discussion, at 8:10 p.m. Chair Spear closed the public hearing on the subject applications.






· Proposed amendments to the Bethany Zoning Regulations to Section 6 – Prohibited Uses. Add #6.28 – Signs with any type of internal lighting or internal illumination.

At 8:11 p.m., Chair Spear called to order the public hearing continuation on the proposed amendments to Section 6 – Prohibited Uses. Add #6.28 – Signs with any type of internal lighting or internal illumination.

Chair Spear then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 2A – Letter from South Central Connecticut Regional Planning Commission, dated October 14, 2011, Re: Comments on review of proposed zoning regulation amendment to Section 6 – prohibited uses.

Chair Spear then asked if there were any comments from the public. The following public member spoke:
· John Paul Garcia of 190 Fairwood Road – Mr. Garcia noted that by not allowing Signs with any type of internal lighting or internal illumination the Commission would be hindering future technology.

There being no further discussion, at 8:18 p.m. Chair Spear closed the public hearing.


NEW BUSINESS

1) Discussion with Stuart Cuthbert of 403 Fairwood Road regarding 415 Fairwood Road – operation of fencing business –

No one was present for this discussion.

The Commission received the following correspondence from Mr. Cuthbert:
· Submitted by Stuart Cuthbert of 403 Fairwood Road, dated October 18, 2011, twelve photographs of property located at 415 Fairwood Road, illegal fencing business.
· Email from Stuart Cuthbert of 403 Fairwood Road, dated December 5, 2011, Re: 415 Fairwood Road, illegal fencing business.

2) 6 Sargent Drive, Application #2011-026 submitted by Mukesh Patel for a Special Exception Permit – Construct 3600 SF Gas Filling Station/Convenience Store -

The Commission formally received the application. Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.

The Commission received the following correspondence for this application:
Letter from John Paul Garcia & Associates, dated October 27, 2011, Re: Waiver request for parking for proposal at 6 Sargent Drive.
· Letter from South Central Connecticut Regional Water Authority, dated November 2, 2011, Re: Comments on review for 6 Sargent Drive, gas station/convenience store.
· Letter from Quinnipiack Valley Health District to Mike Patel owner of 6 Sargent Drive, dated November 9, 2011, Re: Requesting information on what food products would be sold at proposed convenience store at 6 Sargent Drive.
· Letter from Quinnipiack Valley Health District to John Paul Garcia, P.E., dated November 9, 2011, Re: Comments on review of subsurface sewage disposal system design for proposed retail building at 6 Sargent Drive.

The Commission scheduled a public hearing date for Wednesday, January 4, 2012, at 7:30 p.m. in the Commission Meeting Room, Bethany Town Hall.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, January 4, 2012. Tabled.

3) 6 Sargent Drive, Application #2011-027 submitted by Mukesh Patel for a Site Plan Approval - Construct 3600 SF Gas Filling Station/Convenience Store -

The Commission formally received the application. Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.

The Commission received the following correspondence for this application:
Letter from John Paul Garcia & Associates, dated October 27, 2011, Re: Waiver request for parking for proposal at 6 Sargent Drive.
· Letter from South Central Connecticut Regional Water Authority, dated November 2, 2011, Re: Comments on review for 6 Sargent Drive, gas station/convenience store.
· Letter from Quinnipiack Valley Health District to Mike Patel owner of 6 Sargent Drive, dated November 9, 2011, Re: Requesting information on what food products would be sold at proposed convenience store at 6 Sargent Drive.
· Letter from Quinnipiack Valley Health District to John Paul Garcia, P.E., dated November 9, 2011, Re: Comments on review of subsurface sewage disposal system design for proposed retail building at 6 Sargent Drive.

The Commission scheduled a public hearing date for Wednesday, January 4, 2012, at 7:30 p.m. in the Commission Meeting Room, Bethany Town Hall.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, January 4, 2012. Tabled.

4) 6 Sargent Drive, Application #2011-028 submitted by Mukesh Patel for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit -

The Commission formally received the application. Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.

The Commission received the following correspondence for this application:
Letter from John Paul Garcia & Associates, dated October 27, 2011, Re: Waiver request for parking for proposal at 6 Sargent Drive.

· Letter from South Central Connecticut Regional Water Authority, dated November 2, 2011, Re: Comments on review for 6 Sargent Drive, gas station/convenience store.
· Letter from Quinnipiack Valley Health District to Mike Patel owner of 6 Sargent Drive, dated November 9, 2011, Re: Requesting information on what food products would be sold at proposed convenience store at 6 Sargent Drive.
· Letter from Quinnipiack Valley Health District to John Paul Garcia, P.E., dated November 9, 2011, Re: Comments on review of subsurface sewage disposal system design for proposed retail building at 6 Sargent Drive.

The Commission scheduled a public hearing date for Wednesday, January 4, 2012, at 7:30 p.m. in the Commission Meeting Room, Bethany Town Hall.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, January 4, 2012. Tabled.


5) 667 Amity Road, Application #2011-029 submitted by Eric Soltis for a Site Plan Review – construct and operate “Haunted Attraction” –

The Commission formally received the application. Present to speak on behalf of this application was Eric Soltis, who is the applicant.

Mr. Soltis briefly reviewed the proposed project noting:
The attraction would take place the last weekend in September to the last weekend in October.
The attraction will consist of temporary structures that will be taken down and stored on site.
Would like to place a temporary sign in the front near the street.
Contacted the building official and fire marshal.

In discussion, Commission members noted:
The Commission did not receive a response from the Inland Wetlands Commission and Quinnipiack Valley Health District.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, January 4, 2012. Tabled.










6) 72 Downs Road, Application #2011-030 submitted by Joan Jackson for a Special Exception Permit for an Accessory Apartment –

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

The Commission scheduled a public hearing date for Wednesday, January 4, 2012, at 7:30 p.m. in the Commission Meeting Room, Bethany Town Hall.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, January 4, 2012. Tabled.


OLD BUSINESS

1. 18 Munson Road, Application #2011-024 submitted by RDC Holding LLC to construct an addition to building, parking and drainage –

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

It was moved by Brinton and seconded by Calhoun to approve the following resolution for Application #2011-024:

Whereas, in a letter dated September 27, 2011, the owner of the property RDC Holding, LLC authorized John Paul Garcia, P.E., to act as their agent for any land-use permits pertaining to the construction of an addition located at 18 Munson Road;

Whereas, John Paul Garcia, P.E., applied on October 3, 2011, to the Bethany Planning and Zoning Commission for site plan approval for a 60’ by 120’ building addition and associated site work located at 18 Munson Road (#2011-024);

Whereas, the Commission held a hearing on December 7, 2011, on this site plan application for a 60’ by 120’ building addition and associated site work on property know as 18 Munson Road (#2011-024). Said hearing was held in conjunction with Application #2011-025 for a Special Exception permit for outside storage of sheet metal, pallets and flat stock on the same premises. Said hearing was closed at the conclusion of testimony that same evening;

Whereas, the Commission also at its regular meeting of December 7, 2011, considered the plans, testimony and other pertinent application information relating to the site plan application for a 60’ by 120’ building addition and associated site work at 18 Munson Road;





Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The Commission received a copy of a letter dated July 21, 2011, (addressed to Patricia McGregor, Chair – IWC) from Ron Walters of the South Central Connecticut Regional Water Authority. The Commission also received a subsequent copy of a letter dated August 19, 2011, in which Mr. Walters states that all the comments included in the July 21, 2011, letter have been addressed.
2) Roderick White, Fire Marshal, submitted a letter to the Commission dated October 26, 2011, in which he stated he has no comment at this time and will review this project when the building plans are submitted.
3) The Commission received Inland Wetlands Permit #1166 dated October 6, 2011, for approval of an addition, associated site work and outside storage located at 18 Munson Road.
4) The Commission received a review letter dated October 31, 2011, from Lynn Fox, representative for Quinnipiack Valley Health District, in which she states that the appropriate sections of the Connecticut Public Health Code have been addressed for the proposed building addition.
5) The Commission received two letters from Diversified Technology Consultants dated August 10, 2011, and September 22, 2011. The letter dated September 22, 2011, indicated that all the concerns they raised in the August 10, 2011 letter had been adequately resolved.

Now Therefore Be It Resolved, that pursuant to Section 5.2 of the Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves this site plan application for the construction of a 60’ by 120’ building addition and associated site work located at 18 Munson Road (#2011-024), as presented in the application, statement of use and testimony and in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
A. “Proposed Site Plan, 18 Munson Road”, dated June 1, 1011, revised to September 20, 2011, Drawing No. C-1.
B. “Typical Details, 18 Munson Road”, dated June 1, 2011, revised to September 20, 2011, Drawing No. C-2.
C. “Typical Details, 18 Munson Road”, dated August 16, 2011, with no revisions, Drawing No. C-3.

And with the following conditions:
1) The applicant shall provide an estimate for the erosion control measures. Said estimate shall be reviewed and approved by the Town Engineer and shall be in a form acceptable to Town Counsel.
2) No site work shall commence until the erosion control bond and erosion control measures are in place.
3) A building permit must be obtained prior to any construction.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.


2. 18 Munson Road, Application #2011-025 submitted by RDC Holding LLC for a Special Exception Permit for outside storage –

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

It was moved by Winer and seconded Shurtleff to approve the following resolution for Application #2011-025:

Whereas, in a letter dated September 27, 2011, the owner of the property RDC Holding, LLC authorized John Paul Garcia, P.E., to act as their agent for any land-use permits pertaining to the construction of an addition located at 18 Munson Road;

Whereas, John Paul Garcia, P.E., applied on October 3, 2011, to the Bethany Planning and Zoning Commission for a Special Exception permit for outside storage of sheet metal, pallets and flat stock located at 18 Munson Road (#2011-025);

Whereas, the Commission held a hearing on December 7, 2011, on this Special Exception permit for outside storage of sheet metal, pallets and flat stock on property know as 18 Munson Road (#2011-025). Said hearing was held in conjunction with Application #2011-024 for site plan approval for a 60’ by 120’ building addition and associated site work located at 18 Munson Road. Said hearing was closed at the conclusion of testimony that same evening;

Whereas, the Commission also at its regular meeting of December 7, 2011, considered the plans, testimony and other pertinent application information relating to the special exception for outside storage of sheet metal, pallets and flat stock located at 18 Munson Road;

Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The Planning and Zoning Commission received a copy of a letter dated July 21, 2011, (addressed to Patricia McGregor, Chair – IWC) from Ron Walters of the South Central Connecticut Regional Water Authority. The Commission also received a subsequent
copy of a letter dated August 19, 2011, in which Mr. Walters stated that all the comments included in the July 21, 2011, letter have been addressed.
2) Roderick White, Fire Marshal, submitted a letter to the Commission dated October 26, 2011, in which he states he has no comment at this time and will review this project when the building plans are submitted.
3) The Commission received Inland Wetlands Permit #1166 dated October 6, 2011, for approval of an addition and outside storage located at 18 Munson Road;
4) The Commission received a review letter dated October 31, 2011 from Lynn Fox, Quinnipiack Valley Health District representative, in which she states that the appropriate sections of the Connecticut Public Health Code have been addressed for the proposed building addition.


5) The Commission received two letters from Diversified Technology Consultants dated August 10, 2011 and September 22, 2011. The letter dated September 22, 2011 indicated that all the concerns they raised in the August 10, 2011 letter had been adequately resolved.

Now Therefore Be It Resolved, that pursuant to Section 5.3H of the Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves the Special Exception permit for outside storage of sheet metal, pallets and flat stock located at 18 Munson Road (#2011-025), as presented in the application, statement of use and testimony and in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
A. “Proposed Site Plan, 18 Munson Road”, dated June 1, 1011, revised to September 20, 2011, Drawing No. C-1.
B. “Typical Details, 18 Munson Road”, dated June 1, 2011, revised to September 20, 2011, Drawing No. C-2.
C. “Typical Details, 18 Munson Road”, dated August 16, 2011, with no revisions, Drawing No. C-3.

And with the following conditions:
1) The outside storage associated with this permit is only for the storage of sheet metal, pallets and flat stock in the area designated as “proposed gravel storage area”, as shown on the map of record.
2) The applicant’s screening does not technically comply with the requirements of Section 10.I.4 of the Bethany Zoning Regulations, however because of the existing situation and the fact that there is no use on the abutting property, the Commission is willing to consider the application as presented. However, the Commission would reserve the right to require screening at some point in the future should screening in accordance with the zoning regulations be required.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.


It was moved by Shurtleff and seconded by Winer to approve the following Certification of Soil Erosion and Sedimentation Control Plan:

This is to serve to certify that the soil erosion and sedimentation control plan shown on the plans entitled, “Proposed Site Plan” dated June 1, 2011, revised to September 20, 2011:

Prepared by: John Paul Garcia & Associates, Engineers and Surveyors
For: Site plan approval for building addition and associated site work
At: 18 Munson Road
Submitted By: John Paul Garcia, Agent for RDC Holding, LLC aka Reed



Complies with the requirements and objectives of Section 11 – Erosion and Sedimentation Control Regulations, having been certified by the Bethany Planning and Zoning Commission at a regular meeting on December 7, 2011.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.

3. Proposed Bethany Zoning Regulation Amendment to Section 6 – Prohibited Uses. Add #6.28 – Signs with any type of internal lighting or internal illumination –

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

It was moved by Winer and seconded by Calhoun to approve the following resolution to amend the Zoning Regulations:

Whereas, the Planning and Zoning Commission of the Town of Bethany proposed a Zoning Regulation Amendment to Section 6 – Prohibited Uses as follows:

Add a Section 6.28 – Signs with any type of internal lighting or internal illumination.

Whereas, notice for the public hearing on this proposed Zoning Regulation amendment was duly noticed and a copy of the same proposal was on file in the Town Clerk’s Office, as per the State Statutes;

Whereas, the Commission held a public hearing to discuss the proposed Zoning Regulation Amendment to Section 6 – Prohibited Uses at their regular meeting on December 7, 2011. Said hearing was closed that same evening;

Whereas, the Commission also at its regular meeting of December 7, 2011, considered the adoption of this proposed zoning regulation amendment and testimony regarding the same;

Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The Commission received a letter dated October 14, 2011, from Peggy Rubens-Duhl, Chairwoman of the South Central Connecticut Regional Planning Commission, in which she states that the proposed amendment does not appear to cause any negative inter-municipal impacts.

Now Therefore Be It Resolved that pursuant to Section 8-3 of the Connecticut General State Statutes, the Planning and Zoning Commission adopts the proposed Zoning Regulation Amendment to Section 6.

The effective date shall be January 1, 2012.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.


4. Discuss increasing application fees – Tabled.


There being no further business to come before the Commission, it was moved by Shurtleff and seconded by Calhoun to adjourn the regular meeting at 9:15 p.m. Unanimous approval.

Respectfully submitted,



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

Wednesday, December 7, 2011

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, NOVEMBER 28, 2011 Page 1 of 8


The regular meeting of the Inland Wetlands Commission was called to order at 7:37 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, Chair
Kristine Sullivan, Vice-Chair
Roger Hathaway, Member

The following members of the Commission were excused or absent:
Brian Smith, Member
Lisa Gaw, Member

Also present was:
Karen Hubbell, Assistant Inland Wetlands Enforcement Officer


It was moved by Sullivan and seconded by Hathaway to add Application #1177 and Application #1178 to the agenda for formal receipt. Unanimous approval.

A. 667 Amity Road, Application #1177 submitted by Eric Soltis for an IW Permit to construct a “Haunted Attraction” –

The Commission formally received the application. Present to speak on behalf of this application was Eric Soltis, Applicant.

Mr. Soltis briefly presented the proposal for a Halloween attraction for next year (2012). Mr. Soltis stated there will be no clear cutting.

Karen Hubbell, Assistant IWEO, reported that there is a runoff settling swale on the property near the proposed parking area.

The Commission would like to schedule a site visit and have Mr. Soltis stack out where the swale is located.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, December 19, 2011. Tabled.

B. Francis Drive, Anella Drive and Clay Road, Application #1178 submitted by the Town of Bethany/Department of Public Works for an IW Permit for drainage improvements –
The Commission formally received the application. Present to speak on behalf of this application was Alan Green, Public Works Director.

The Commission received a letter dated October 13, 2011, from Nafis & Young, Re: Drainage Improvements, Clay Road, Anthony Court, Anella Drive and Francis Drive.

Mr. Green briefly reviewed the proposed drainage improvements.

The Commission would like to schedule a site visit with Nafis and Young and obtain a plan outlining the proposed drainage.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, December 19, 2011. Tabled.


APPROVAL OF MINUTES

The minutes were deferred to the next regular meeting scheduled for Monday, December 19, 2011.


GENERAL CORRESPONDENCE

1. Email from Connie LaFemina of 50 Mesa Drive to Isabel Kearns, IWEO, dated November 3, 2011, Re: Presentation at the October 24, 2011, public hearing, 46 Mesa Drive.
2. Letter from Diversified Technology Consultants, dated November 2, 2011, Re: Review of Clifford Drive Estates – Mesa Drive, Application #1170.
3. Copy of “Construction Timing, Clifford Drive Estates, 46 Mesa Drive, Bethany, CT”, undated.
4. Letter from Derrylyn Gorski, First Selectwoman, dated November 3, 2011, Re: Requesting waiver of fees for 90 Pole Hill Road, Scout project/Daniel Wivagg.
5. Email from David Nafis to Isabel Kearns, IWEO, dated October 26, 2011, Re: 100 Miller Road, drainage.
6. Letter from Isabel Kearns, IWEO, to William Edwards of 61 Edwards Road, dated November 4, 2011, Re: Edwards Pond Dam #824 recommended maintenance work.
7. Letter from Isabel Kearns, IWEO, to Mr. Mrs. Roger Simon of 63 Downs Road, dated November 4, 2011, Re: West River Pond Dam #804 recommended maintenance work.
Present for this discussion were Roger and Mary Ellen Simon of 63 Downs Road. Mr. Simon stated the CT DEEP visited and inspected the dam on their property, which is done periodically. The Simon’s and the Commission received a letter from the CT DEEP, dated August 5, 2011, Re: A list of maintenance tasks for the dam at 63 Downs Road. The Commission recommended that the Simon’s submit an application over the winter to conduct these repairs so that the permit is in place when ready to do the work. The Simon’s also submitted a copy of the DEEP/Inland Water Resources Division Dam Inspection Checklist, dated June 29, 2011, and a copy of a letter from the Simon’s to the CT DEEP, dated October 24, 2011, Re: Response and photographs of West River Pond Dam #804.

8. Letter from Nafis & Young to Derrylyn Gorski, First Selectman, dated October 13, 2011, Re: Drainage Improvements, Clay Road, Anthony Court, Anella Drive and Francis Drive.
9. Letter from Quinnipiack Valley Health District dated October 31, 2011, Re: 18 Munson Road, commercial building addition with attached letter from QVHD dated July 21, 2011.

BILLS

1. It was moved by Sullivan and seconded by Hathaway to approve the payment of a bill for $95.00, dated October 24, 2011, from Anne Sohon for recording services for the public hearing (46 Mesa Drive).
Unanimous approval.

2. It was moved by Sullivan and seconded by Hathaway to approve the payment of a bill for $95.00, dated November 28, 2011, from Anne Sohon for recording services for the public hearing (46 Mesa Drive).
Unanimous approval.

3. It was moved by Sullivan and seconded by Hathaway to approve the payment of $762.90, for professional services rendered by Diversified Technology Consultants as shown on a bill dated October 14, 2011. (185 Beacon Road).
Unanimous approval.

4. It was moved by Hathaway and seconded by Sullivan to approve the payment of $751.30, for professional services rendered by Diversified Technology Consultants as shown on a bill dated November 10, 2011. (46 Mesa Drive).
Unanimous approval.


PUBLIC HEARING

· 46 Mesa Drive, Application #1170 submitted by James Woodward for a Five-lot Subdivision -

At 8:13 p.m., Chair Breslin called to order the public hearing continuation on the five-lot subdivision. Chair Breslin read the legal notice for the public hearing continuation.

Present to speak on behalf of this application was Attorney Paul Jessell of Watertown, Connecticut, Mr. Alan Shepard, P.E. of Nowakowski, O’Bymachow and Kane, Shelton, Connecticut, Mr. James McManus, Certified Soil Scientist of JMM Wetland Consulting Services, LLC and Mr. George Logan of Rema Ecological Services. All gentlemen were representing the applicant, Mr. James Woodward, who was also present.

Chair Breslin noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 2A – Letter from South Central Connecticut Regional Planning Commission dated October 14, 2011, Re: Comments on review of proposed subdivision application for 46 Mesa Drive.
Exhibit 2B – Copy of resume of Ethan A. Stewart, Environmental Scientist of Diversified Technology Consultants, Hamden, Connecticut.
Exhibit 2C – Letter from Diversified Technology Consultants, dated November 2, 2011, Re: Comments on review of Clifford Drive Estates – Mesa Drive, Application #1170, plans revised to July 11, 2011.
Exhibit 2D – Email from Connie LaFemina of 50 Mesa Drive to Isabel Kearns, IWEO, dated November 3, 2011, Re: Presentation at the October 24, 2011, public hearing, 46 Mesa Drive.
Exhibit 2E – Copy of “Construction Timing, Clifford Drive Estates, 46 Mesa Drive, Bethany, CT”, undated.
Exhibit 2F – Submitted by Attorney Jessell, Connecticut Appellate Decisions, 2010, Supreme Court case Wellswood Columbia v. Town of Hebron, CT, road denial.
Exhibit 2G – Submitted by Attorney Jessell, Connecticut Trial Court Official Decisions, 2010 Superior Court Case, Zappone v. Inland Wetlands Agency of the Town of Woodbury, CT, ability to use property that is vacant.
Exhibit 2H – Submitted by Attorney Jessell, Copy of Connecticut Statute, Title 22A. Environmental Protection, Chapter 440. Wetlands and Watercourses, Section 22a-36. Inland wetlands and watercourses. Legislative finding.
Exhibit 2”I” – Submitted by Attorney Jessell, Copy of Connecticut Statute, Title 22A. Environmental Protection, Chapter 440. Wetlands and Watercourses, Section 22a-42. Municipal regulation of wetlands and watercourses. Action by commissioner.
Exhibit 2J – Submitted by Attorney Jessell, Copy of Page 6 of the Town of Bethany Inland Wetlands and Watercourses Regulations, adopted October 26, 2009.
Exhibit 2K – Submitted by Attorney Jessell, Copy of Connecticut Appellate Decisions, 2003 Supreme Court Case, Tarullo v. Inland Wetlands and Watercourses Commission of the Town of Wolcott.
Exhibit 2L – Submitted by James McManus of JMM Wetland Consulting Services, dated November 28, 2011, Re: Response to Town Consultant’s Site Review Report, proposed Clifford Drive Estates, Bethany, CT.
Exhibit 2M – Submitted by James McManus, Professional Resumes for James McManus, George Logan and Sigrun Gadwa, Soil, Ecological and Wetland Consultants that worked on project.
Exhibit 2N – Submitted by George Logan of Rema Ecological Services, dated November 28, 2011, Report on proposed Clifford Drive Estates with respect to potential impacts upon regulated resources and a Connecticut-listed species.
Exhibit 2”O” – Submitted by George Logan, a pamphlet on Connecticut Turtles of Special Concern, dated June 2004.
Exhibit 2P – Submitted by Alan Shepard of NOK Land Surveying & Engineering, a letter dated November 28, 2011, Re: Response to letter from DTC dated November 2, 2011.
Exhibit 2Q – Submitted by Alan Shepard, a map entitled “Sketch Showing Detension Basin Details”, dated November 28, 2011, prepared by NOK Civil Engineers & Land Surveying, Shelton, CT.
Exhibit 2R – Set of plans prepared by Nowakowski, O’Bymachow, Kane & Associates, Shelton, Connecticut, entitled as follows:
1. “Record Subdivision Map prepared for Clifford Drive Estates, 46 Mesa Drive”, dated May 6, 2011, revised to November 28, 2011.
2. “Overall Site Plan (100 Scale) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
3. “Site Development Plan (1 of 2) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
4. “Site Development Plan (2 of 2) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
5. “Plan & Profile – Clifford Drive prepared for Clifford Drive Estates, 46 Mesa Drive” dated April 9, 2011, revised to November 28, 2011.
6. “Detention Basin Detail prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
7. “Construction Details prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
8. “Soil Test Data prepared for Clifford Drive Estates”, dated May 8, 2011, revised to November 28, 2011.
9. “Road Soil Erosion & Sedimentation Control Plan – Clifford Drive prepared for Clifford Drive Estates”, dated May 5, 2011, revised to November 28, 2011.

Attorney Jessell addressed the accessway to Mr. Woodward’s Beacon Falls property through Bethany and submitted and discussed Exhibits 2F, 2G, 2H, 2”I”, 2J, and 2K.

Also, Attorney Jessell entered into the hearing record the entire record of the previous approval Inland Wetlands Permit #1099 approved on August 18, 2008 for a Thirteen-Lot Subdivision located at 26 and 46 Mesa Drive.

Mr. McManus addressed the wetland crossing and submitted and discussed Exhibits 2L and 2M.

Mr. Logan addressed the box turtles and submitted and discussed Exhibits 2N and 2”O”.

Mr. Shepard submitted and discussed Exhibits 2P, 2Q and 2R.

The Commission would like more time to review the information received this evening and also to have their consultant review report by Mr. Logan dated November 28, 2011.

The Commission would like to revisit Lot #3 of the proposed subdivision.

Chair Breslin asked if there were any comments from the public. There were none.

Mr. Woodward submitted a Consent to Extension of Time for 35 days to continue the public hearing on the subject application.

At 10:03 p.m., Chair Breslin recessed the public hearing and continued it to the next regular meeting on Monday, December 19, 2011, in the Commission Meeting Room of the Bethany Town Hall. Tabled.


NEW BUSINESS

No new business.
OLD BUSINESS

1. 108 Miller Road (Lot #1), Application #1172 submitted by Christopher Stoyer for a Residential Site Development –

Present to speak on behalf of this application was Chris Stoyer, applicant and owner of record.

The Commission received a copy of an email from David Nafis to Isabel Kearns, IWEO, dated October 26, 2011, Re: 100 Miller Road, drainage.

The Commission conducted a site visit on November 11, 2011. The Commission discussed and proceeded to deliberate.

It was moved by Sullivan and seconded by Hathaway to approve Application #1172 submitted by Christopher Stoyer for an Inland Wetlands Permit for a residential site development located at 108 Miller Road (Lot #1) in accordance with the following submitted plans prepared by Kratzert, Jones & Associates, Inc., Milldale, Connecticut:
a) “Grading and Erosion Control Plan for Hopp Brook Resubdivision”, dated October 14, 2002 and March 1, 2003, revised to August 1, 2011, Drawing No. G-1.
b) “Proposed Improvement Location Map for Hopp Brook Resubdivision”, dated September 15, 2011, with no revisions, Drawing No. PL-1.

In addition, this permit is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
1) With the concession of the applicant, a stonewall will be erected at the limit of clearing line as shown on the plan and wetland restoration plantings will be planted on the slope down to the wetland line where the area has not been disturbed.
2) The placement of Wetland Conservation Area Signs at 25 feet to 50 feet intervals along the stonewall.
3) A bond, in an amount to be determined by the consulting engineer, to be submitted to insure the restoration plantings. A portion of the bond can be released after planting has been completed and a portion of the bond will be retained for a period of three years minimum to assure the plantings become effective.
4) The footing drain be pulled back above the stonewall and will drain to daylight to the stonewall to disperse downslope.

Based on site plan shown here and the corrective measures that will be taken to restore that wetland buffer area there should be minimal and no adverse impact on the wetlands.
Voting: Breslin, Sullivan, Hathaway.
Vote: 3 to 0.
Unanimous approval.




2. 90 Pole Hill Road, Application #1174 submitted by Daniel Wivagg for an IW Permit to locate 2 benches and 1 cubby –

Present to speak on behalf of this application was Daniel Wivagg, Eagle Scout, who is the applicant.

The Commission received a letter from Derrylyn Gorski, First Selectwoman, dated November 3, 2011, Re: Requesting waiver of fees for 90 Pole Hill Road, Scout project/Daniel Wivagg.

The Commission discussed and proceeded to deliberate.

It was moved by Hathaway and seconded by Sullivan that the Inland Wetlands Commission waive the fees for Application #1174 and approve Application #1174 submitted by Daniel Wivagg for an Inland Wetlands Permit to locate two benches and one cubby located at 90 Pole Hill Road as presented by the applicant and 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 fact if all activities are conducted in accordance with the plan there shall be no impact on the wetlands and watercourses.
Voting: Breslin, Sullivan, Hathaway.
Vote: 3 to 0.
Unanimous approval.


3. 74 Miller Road, Application #1175 submitted by Town of Bethany/Department of Public Works for an IW Permit for a culvert replacement –

No one was present to speak on behalf of this application. The Commission discussed and proceeded to deliberate.

It was moved by Sullivan and seconded by Hathaway to approve Application #1175 submitted by the Town of Bethany/Department of Public Works for an Inland Wetland Permit for a culvert replacement located at 74 Miller Road in accordance with the submitted plan entitled, “Miller Road Box Culvert Installation”, dated October 14, 2011, prepared by Mesa Excavation & Paving Inc., Bethany, CT and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.
Voting: Breslin, Sullivan, Hathaway.
Vote: 3 to 0.
Unanimous approval.


4. 12 Hopp Brook Road, Application #1176 submitted by Town of Bethany/Department of Public Works for an IW Permit for a culvert replacement –

No one was present to speak on behalf of this application. The Commission discussed and proceeded to deliberate.

It was moved by Sullivan and seconded by Hathaway to approve Application #1176 submitted by the Town of Bethany/Department of Public Works for an Inland Wetland Permit for a culvert replacement located at 12 Hopp Brook Road in accordance with the submitted plan entitled, “Hopp Brook Road Box Culvert Installation”, dated October 14, 2011, prepared by Mesa Excavation & Paving Inc., Bethany, CT and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.
Voting: Breslin, Sullivan, Hathaway.
Vote: 3 to 0.
Unanimous approval.


5. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT –

Commission to review and discuss at the next regular meeting scheduled on Monday, December 19, 2011. Tabled.


6. 46 Mesa Drive, James Woodward, Application #1170 for a Five-lot Subdivision –

Public hearing continued to the next regular meeting scheduled on December 19, 2011. Tabled.


SCHEDULE SITE INSPECTION DATES

The Commission scheduled a site visit for Saturday, December 10, 2011. Commission members to meet at Town Hall parking lot at 8:30 a.m. Sites to visit are Clay Road, Anthony Court, Anella Drive and Francis Drive; 46 Mesa Drive (Lot #3); and 667 Amity Road.


ADJOURNMENT

There being no further business to come before the Commission, it was moved by Sullivan and seconded by Hathaway to adjourn the regular meeting at 10:27 p.m. Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
For the Inland Wetlands Commission