Monday, February 28, 2011

BOARD OF FINANCE
SPECIAL MEETING
FEBRUARY 22, 2011

Attendance: Chairman Janet Brunwin, Stephen Squinto, Chip Spear, First Selectwoman Derrylyn Gorski
Visitors: Kathleen Schurman, Aileen Magda, Rosemary DeFilippo


A quorum of Board of Finance members was not present for this meeting. As a result the meeting was officially canceled at 7:10 p.m.


Respectfully submitted,

June G. Riley
Clerk, Board of Finance

Tuesday, February 22, 2011

DISTRICT ANIMAL CONTROL
Serving the Towns of Bethany – Orange - Woodbridge
Phone @203) 389-5991
135 Bradley Road
Woodbridge, CT 06525
Approved Minutes for DAC Board Meeting January 13, 2011
Present: Joan Blaskey, Joseph Hellauer, Fred Dray, Brian Laubstein, DVM, James Zeoli, Pamela
Andreson, Clerk
Absent: Cheryl Lipson
Guests: Jeanine Russo, Chris Carroll, Dina Fleno
Saff: Paul Niedmann, Karen Lombardi Dave Dorso, Gail Evanko, Dottie Bedan
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) Guest Speakers:
a) Tony Genovese explained the financial reports. DAC is on budget. Genovese
suggested that the board come up with a policy and procedure to transfer funds from an
account that has unused money to an account that may need extra money for unexpected
expenses. Motion by Laubstein/Zeoli to accept Genovese report as the treasurer's
report. All approved.
b) John Zdrowski, Eagle Scout from troop 907, explained 2 projects that he is working on
for AARF and DAC. He is building 55 feral cat shelters for AARF. The second project
is a 21x7 over hang for cats to seek shelter at DAC and to repair fencing for dog area at
DAC. He is fundraising and asking for donations. Oxford building supplies has
donated some supplies for the overhang. Zeoli suggested he speak to Henry
Romannofsky at Lowes in Orange. Jeff Stauford is helping with the project. Jeff was a
former Eagle Scout with Troop 907. Motion to support Eagle Scout projects for AARF
and DAC by Zeoli/Laubstein. All approved.
6) Census – Fred Dray: For the month of December, total animals redeemed were 3, 4 sold as pets,
0 DOA, 1 euthanized for a total of 8 animals. In Woodbridge, 3 cats and 1 dog were picked up.
In Bethany, 1 cat and 1 dog were picked up. In Orange, 1 cat and 1 dog were picked up. A total
of 76 complaints, 37 from Orange, 21 from Bethany, and 18 from Woodbridge. One dog bite in
Bethany did not result in an infraction. Currently there are 1 dog and 3 cats at the facility.
7) Discussion of Employee Personnel Matters – Ryan Sheehy, represented by Dina Fleno of
AFSCME, chose to have a Public Executive Session. Zeoli introduced Attorney Michael Dorney
representing DAC. Fleno stated that it is the belief of Sheehy and herself that Sheehy was
suspended following a meeting with Fleno and signing a union card. His suspension and any
further actions were due to an anti union sentiment by the board. There was no infraction, or
infraction was fabricated. Hellauer became aware of a particular violation by Sheehy and went to
the facility to discuss situation with him. Hellauer read a letter of Sheehy's termination dated
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January 10, 2011 and that he had the right to appear before the board on January 13, 2011 to
appeal. Hellauer recapped events leading up to Sheehy's termination. Hellauer received a phone
call that the Lead ACO could not get on the computer. Hellauer stated that Sheehy created a
password and made another person administrator. His job title is Animal Care Giver/Kennel
Attendant. His job description is to clean up after the animals, feed the animals and socialize the
animals and did not include access to the computer. No damage was done to computer. Dorney
asked Hellauer to explain the effect this action had on the ability of the department to operate and
why he felt it was necessary to take the action he did. Hellauer explained that ACO's need to
have access to the computer, and non ACO's don't need access to the computer. Fleno asked
where the records for the animals are kept. Niedmann stated that they are in paper files in a file
box. Sheehy told Hellauer that he had started putting animal records into the computer, which he
did without the knowledge of his supervisor. Fleno questioned Niedmann's supervisory position.
Attorney Dorney explained that the business of organization is not at issue at this appeal and that
Niedmann is a supervisor because he is in charge of the operations and staff at the facility. Fleno
stated that Sheehy has always had access to the computer from the first day he was hired.
Attorney Dorney asked Hellauer if he had a conversation with Sheehy as to why he blocked
access by DAC officers. Hellauer stated that Sheehy was asked by Evanko to substitute her as
the administrator so that he could start inputting the medical records. A few days before the
computer incident there was a Vaccination Clinic at the facility. Sheehy was asked to come in at
7:00 AM and did not show up until 9:15 AM. Sheehy is characteristically tardy and is
excessively absent. The action taken was not due to performance, but due to the misuse of the
computer. Fleno asked if there was any documentation of unsatisfactory performance.
Niedmann stated that he had spoken to Sheehy about his tardiness. Niedmann asked Sheehy to
start at 8:00 AM. Sheehy said that he had child care issues and it was mutually agreeable that
Sheehy would start at 9:00 AM. Tardiness had been brought up to Chairperson Blaskey by
Niedmann. Sheehy stated that he had a profile on the computer from the day he was hired. He
also stated that previous employee had access to the computer. Blaskey stated that the previous
employee had a different job description and that job had been eliminated as of October 2010.
Niedmann was asked if he set up an account or gave permission for an account to be set up for
Sheehy. Niedmann stated that he did not. Sheehy was hired as a part- time temporary employee,
until 2 full time ACO and 2 part-time ACO positions were filled. Sheehy stated that he had
never been told he needed to be at the facility at any specific time as long as the animals were
taken care of by 10:00 AM. He stated that he was never spoken to about his tardiness until he
signed his union papers. Zeoli stated that no one on the board was aware that staff had signed
union papers. Zeoli also stated that no one on the board made any anti-union sentiment
statements. Zeoli also brought up a concern that Sheehy adopted a cat, brought it to the vet and
charged DAC for the visits. Sheehy claimed he adopted the cat after the vet visits. An incident
about animals not being taken care of on Christmas day was also a concern. Motion to go into
executive session to deliberate Sheehy's appeal by Zeoli/Laubstein at 9:14 PM. Attorney Dorney
was invited to join the executive session. Return to regular session at 10:20 PM. Laubstein read
the decision of the board. Sheehy would be reinstated as a part-time temporary employee
beginning January 14, 2011. The hours are 8:00 – 10:00 AM Monday through Friday and 8:00
AM to 3:00 PM on Saturday. Three additional hours as needed. Clarity in job duties: Moving
forward, Sheehy will not have access to the computer except to remove medical records and his
profile. Sheehy stated the medical records and profile no longer exist on the computer. Sheehy
will not be paid for during his suspension of January 6, 2011 through January 13, 2011. Job
description will be reworked to match employment status in writing. Incident of Christmas
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weekend will be investigated and discussed at another meeting with possible disciplinary action.
Sheehy does not want to come back to work without a job description in writing. Attorney
Dorney stated that Sheehy will not be disciplined until he gets the job description in writing.
Sheehy chose to wait until he gets a job description in writing. Zeoli stated that he will not be
paid until he returns. Laubstein let him know that the job description will be written up and
mailed to him by certified mail. When he receives it in the mail, he should contact Niedmann as
to when he will resume work. Niedmann will notify Blaskey and Hellauer when Sheehy returns
to work.
8) Review and approval of December 9, 2010 meeting. Motion by Zeoli/Laubstein to accept
minutes. No discussion, all approved.
9) Motion to adjourn by Zeoli/Laubstein at 10:47 PM. All approved.
10)Meeting adjourned 10:48 PM
Respectfully Submitted,
Pamela Andreson Approved January 13, 2010
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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 Niedman: 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.
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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
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Tuesday, February 15, 2011

BOARD OF SELECTMEN
FEBRUARY 14, 2011
Page 1 of 2

Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist joined the meeting at 7:50 p.m.

Visitors: Attorney Kevin McSherry, Sharon Huxley, Kathleen Schurman

First Selectwoman Gorski called the meeting to order at 7:32 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was signing of accounts payable and payroll checks. All present were then asked to rise for the Pledge of Allegiance.

APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of January 24, 2011. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. The vote was called. The minutes were unanimously approved as written.

TAX REFUND
Selectman Shea moved to refund a total of $15, 858.34 to the following for over payment of taxes:

Gary MacNamara $4,401.39
Joseph & Catherine Antonelli $1,623.24
Milford Bank $3,259.99
Robert & Dawn DeFeo $ 27.71
Ryan Walsh $ 9.91
Daniel & Jen Searles $4,110.46
Denise Manzari $2,425.64

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

C-MED COMPACT
The C-Med Compact between the Town of Bethany and all other towns in the C-Med dispatch system is up for renewal. Attorney McSherry has reviewed the compact. The only language changed from the previous compact is a withdrawal clause. This change strengthens the withdraw clause, making it difficult for any town to withdraw in the middle of a fiscal year. The Selectmen agreed with this change.

SCENIC ROAD DESIGNATION- Sperry Road
The Planning and Zoning Commission has now designated the portion of Sperry from Hatfield Hill Road to Bethway Road as a Scenic Road. All residents have signed off to complete this designation. Completion of this designation now makes all of Sperry Road scenic.

OUT DOOR WOOD BURNING FURNACES – ADD TO AGENDA
Selectman Shea moved to add Outdoor Wood Burning Furnaces to the agenda of this meeting.

OUT DOOR WOOD BURNING FURNACES
The Selectmen discussed with Sharon Huxley the subject of Outdoor Wood Burning Furnaces and the regulations for them. Hiram Peck has also looked into regulations state wide to see how other towns and cities are handling them. Attorney McSherry will also look into more specifics about their installation. Presently the biggest concern is that they are installed the proper distance from adjoining property lines and that the chimney is the proper height to prevent smoke from causing health issues to surrounding property owners. The other concern is that people burn seasoned wood, and do not put trash in the furnace to burn causing hazardous fumes. Attorney McSherry also suggested that the Town contact DEP and QVHD for any information they may have on outdoor furnaces. At this time the Town of Bethany does not have an ordinance that can be used for enforcement, only the guidelines of DEP.

OTHER MATTERS PROPER TO COME BEFORE THE MEETING
Kathleen Schurman asked the Selectmen about the possibility of using the Airport on April 30, 2011 to hold a free mass gelding clinic for horses. The matter was referred to the Park & Recreation Commission for booking of the site.

ADJOURNMENT
Adjournment was called at 8:03 p.m. after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.

Respectfully submitted,



June G. Riley
Secretary, Board of Selectmen

Friday, February 11, 2011

BOARD OF FINANCE
FEBRUARY 8, 2011
Page 1 of 2

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

Visitors: Kathleen Schurman

Chairman Brunwin called the meeting of the Board of Finance 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 called for a motion to approve the minutes of the meeting of January 11, 2011. The motion of approval was moved by Chip Spear and seconded by Sally Huyser. Robert Brinton Jr. moved to amend the minutes by adding that the Board moved into executive session to discuss District Animal Control. The amended minutes were then approved on a unanimous vote.

ELEMENTARY SCHOOL REPORT – John Grabowski
The Bethany Community School will receive a Jobs Grant for $50,000 from the Federal Government. John was told that the money could possibly be spent to buy computers.

CHAIRMANS REPORT

BOND DISCLOSURE
Chairman Brunwin reported that she is completing the Bond Disclosure reports as required.

Elementary School
Chairman Brunwin met with Tim Connellan recently to discuss the Elementary School budget. Tim had indicated that the Federal Jobs Grant to be received from the Federal Government would be $58,000. Tim implied that the money received would help offset some of the increases in the budget for 2011-12. At this time Tim indicated that the budget increase would be 2.88%. The Board of Education will make their presentation to the Board of Finance on March 1, 2011.

AUDIT
Chairman Brunwin moved to accept the June 30, 2010 audit. Robert Brinton Jr. indicated that he would not vote to accept the audit as he had not seen a copy of the final audit. All Board members agreed with Robert Brinton Jr. as they had not received a copy of the final audit. The motion was withdrawn. Approval of the audit will be placed on the agenda of the next Board of Finance meeting.

ANNUAL REPORT
Chairman Brunwin has requested that each department head submit an annual report.
AMITY REGIONAL BUDGET
The Amity Regional budget was first set with a 1.56% increase. This was reducing the Contingency Fund to $100,000. The Amity Financial Committee felt that with the present year’s snow budget history they would increase the Contingency Fund to $150,000 as budgeted in the present year. This change would then affect the percentage of increase.

GRAND LIST
Chairman Brunwin has spoken with the Assessor about the Grand List. Mario indicated that the Grand List has increased .3% or $1,900,000. There was a slight decline in Personal Property.

FIRST SELECTMEN’S REPORT
First Selectwoman Gorski reported that the Snow and Ice budget with the most recent delivery of Ice B Gone is $32,000 over budget. The Highway Department had to purchase a new plow for $8,400. This expenditure was charged to the Repairs and Supplies budget.

First Selectwoman Gorski requested that the Board of Finance make the transfers from the Reserve for Negotiations line item, to increase each departments salary account for the salary increases as approved for this year’s budget. It will also be necessary to adjust the F.I.C.A. and Medicare line item.

FINANCIAL REPORT REVIEW
The Board reviewed the Financial Reports for January 2011. At this time it appears that there will be a shortfall in the Interest on General Fund account.

ADJOURNMENT
Adjournment was called at 7:40 p.m. after a motion was moved by Chip Spear and seconded by Stephen Squinto. The vote taken was unanimous.


Respectfully submitted,


June G. Riley
Clerk, Board of Finance
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, FEBRUARY 2, 2011 Page 1 of 12

The regular meeting of the Planning and Zoning Commission was called to order at 7:09 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
Patricia Winer, Member, arrived at 7:25 p.m.
Mary Shurtleff, Member
Marc Adelberg, Alternate Member, arrived at 7:20 p.m., seated as a regular member
Donald Shea Jr., Alternate Member, seated as a regular member

The following Commission members were excused or absent:
Melissa Spear, Vice-Chairman
John Ford, Member
Nellie Rabinowitz, Alternate Member

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


It was moved by Shurtleff and seconded by Shea to defer discussion of the minutes of January 5, 2011, to the end of the meeting. Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Quinnipiack Valley Health District, dated January 25, 2011, Re: Review of plans for Application #2011-001 and 2011-004, 429 Fairwood Road.
2. Letter from Nancy McCarthy, Town Clerk, dated January 21, 2011, Re: Scenic Road Application #2011-003, certification of residents (who submitted statements of approval), that are qualified to vote at a town meeting.
3. Letter from TFC, David Merriam, Bethany Resident State Trooper, dated January 24, 2011, Re: Review of Sperry Road Scenic Road Application.
4. Letter from South Central Connecticut Regional Water Authority, dated January 31, 2011, Re: Review of Sperry Road Scenic Road Application.
5. Letter from Rod White, Fire Marshal, dated February 1, 2011, Re: Review of Sperry Road Scenic Road Designation Application.
6. Letter from Isabel Kearns, ZEO, to J. Bourret and E. Doering of 184 Sperry Road, dated January 19, 2011, Re: Notice of Violation at 184 Sperry Road, outdoor lighting and boarding of horses.
7. Email from Liz Doering of 184 Sperry Road, to Isabel Kearns, ZEO, Re: Lights at 184 Sperry Road.


8. Letter from Isabel Kearns, ZEO, to Elisabeth Reilly of 435 Amity Road, dated January 6, 2011, Re: Application #2011-002 Home Occupation and Sign Permit for Pediatric Parenting.
9. Letter from State of Connecticut, Connecticut Siting Council, dated January 21, 2011, Re: Public hearing pertaining to BNE Energy, Inc. petition for construction, maintenance and operation of Wind Renewable Generating facility in Prospect, Connecticut.
10. Letter from State of Connecticut, Department of Public Health to Dean Fiske, owner of 4 and 21 Meyers Road, dated January 10, 2011, Re: The Woodlands Estates, screening determination.
11. Letter from South Central Connecticut Regional Planning Commission, to Town of Prospect, dated January 14, 2011, Re: Review of proposal for Town of Prospect: Proposed Zoning Regulations Amendments to add a section to regulate wind power.
12. Email from Eugene Livshits of South Central Regional Council of Governments, dated January 27, 2011, Re: Notification of Town of Cheshire Referral.


PUBLICATIONS AND WORKSHOPS

1. Connecticut Land Use Law for Municipal Land Use Agencies, Boards, and Commissions, Saturday, March 12, 2011, Middletown, CT.
2. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Winter 2011.
3. Newsletter of the Center for Land Use Education and Research at UCONN, CLEARscapes, Winter 2011.


BILLS

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


NEW BUSINESS

A. Discussion with Mike Okrent regarding Small Wind Energy Systems –
Mr. Okrent not present. Tabled.

B. Discussion with Tom Melina regarding 755/771 Litchfield Turnpike – Present for the discussion was Attorney Gregory J. Pepe, who was representing Thomas and Debra Melina owners of 771 Litchfield Turnpike, who were also present.

Attorney Pepe stated the owners acquired the property at 771 Litchfield through a foreclosure in 2010. Attorney Pepe stated there is a zoning issue between 771 and 755 Litchfield Turnpike. Attorney Pepe stated the owners of 771 Litchfield Turnpike were not notified when the lot line revision took place, which made the two parcels become one parcel. In

addition, Attorney Pepe stated that now by a judicial process there is a single parcel of land owned by two separate parties which has created a number of issues. Attorney Pepe stated the owners of 771 Litchfield Turnpike would like to sell the parcel and they want the owners of 755 Litchfield Turnpike to stop trespassing on their parcel.

Isabel Kearns, ZEO, would like to consult the Bethany Town Attorney and meet with Attorney Pepe at another time to discuss this matter further. Attorney Pepe to contact the ZEO.

C. Discussion regarding Large Wind Turbine Regulations –

Present for this discussion was Derrylyn Gorski, First Selectwoman. First Selectwoman Gorski stated she is present to obtain the support of the Planning and Zoning Commission pertaining to Raised Bill No. 6249 – An Act Establishing a Moratorium on the Siting of Wind Projects Until the Adoption of a Regulation so that she can present the Planning and Zoning Commission’s decision to support the bill at a public hearing tomorrow with the Connecticut Siting Council.

It was moved by Winer and seconded by Shurtleff to support the following resolution:

Whereas, Derrylyn Gorski, First Selectwoman, came before the Commission at its regular meeting of February 2, 2011, to discuss Raised Bill No. 6249 – An Act Establishing a Moratorium on the Siting of Wind Projects Until the Adoption of Regulations;

Whereas, the Bill requires:

(a) Connecticut Siting Council, in consultation with the Department of Public Utility Control and the Department of Environmental Protection, shall adopt regulations, in accordance with the provisions of Chapter 54 of the general statutes, concerning the siting of wind turbines. Such regulations shall include, but not be limited to, (1) a consideration of (A) setbacks, including considerations of tower height and distance from neighboring properties; (B) flicker; (C) a requirement for the developer to decommission the facility at the end of its useful life; (d) different requirements for projects of different sizes; (E) ice throw; (f) blade shear; and (G) impact on natural resources; and (2) a requirement for a public hearing for wind turbine projects.
(b) The Connecticut Siting Council shall temporarily suspend action on any application for siting of a wind turbine until the adoption of regulations pursuant to the subsection (a) of this section. For any wind turbine application submitted to the siting council on or before the effective date of this section, the siting council shall resume consideration of such application upon adoption of such regulations and shall allow such applicant the opportunity to satisfy the regulation requirements.




Whereas, the Commission discussed the matter and resolved that it was the consensus of the Commission to support the Raised Bill.
Voting were: Huxley, Shurtleff, Winer, Shea, Adelberg
Vote 5 to 0.
Unanimous approval.


PUBLIC HEARINGS

· 429 Fairwood Road, Application #2011-001 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling & Grading Permit, Application #2011-004 for a Site Plan Review and Business and Industrial Use for storage facility/office submitted by EMG Properties LLC –

At 7:41 p.m., Chairman Huxley called to order the public hearing on Application #2011-001 and Application #2011-004. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.

Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Letter from Quinnipiack Valley Health District, dated January 25, 2011, Re: Review of plans for Application #2011-001 and 2011-004, 429 Fairwood Road.
Exhibit 1B – Email from Diversified Technology Consultants to Isabel Kearns, dated February 2, 2011, Re: Review of changes to site plan for 429 Fairwood Road.
Exhibit 1C – Set of plans prepared by John Paul Garcia and Associates, Bethany, Connecticut entitled as follows:
a) “Site Development Plan”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-1.
b) “Site Landscaping and Erosion Control Plan”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-2.
c) “Typical Details”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-3.
d) “Typical Details”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-4.

Present to speak on behalf of the applicant was John Paul Garcia, P.E./L.S. of John Paul Garcia and Associates.

Mr. Garcia reviewed the proposed project noting:
· That previously two parcels have been completed 437 and 443 Fairwood Road and 429 Fairwood Road is the third.
· That the detention basin has been installed and with the Inland Wetlands Commission’s approval.
· 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.
· That there will be no outside storage.
· That the parking will be behind the building.

Isabel Kearns, ZEO, stated she has not received any bonds for any of the properties in this development on Fairwood Road. In addition, Ms. Kearns requested the submission of architectural renderings.

In discussion, Commission members noted:
That there will be no access in the front of the building.
That there will be scrub trees along the road as a buffer.
That the applicant will be stockpiling and screening when stripping the site and using the materials to finish the site landscaping.
That the project engineer will amend the plan to add to the screening hours of operation, Monday through Friday, 8 a.m. to 5 p.m.
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.
That the Fire Marshal needs to submit his approval.

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

At 8:13 p.m., Chairman Huxley closed the public hearing on the subject application.


· Sperry Road between Bethway Road and Hatfield Hill Road, Application #2011-003 submitted by Christine Silvestri

At 8:14 p.m., Chairman Huxley called to order the public hearing on Application #2011-003. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.

Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
A. Exhibit 1A – Letter from Nancy McCarthy, Town Clerk, dated January 21, 2011, Re: Scenic Road Application #2011-003, certification of residents (who submitted statements of approval), that are qualified to vote at a town meeting.
Exhibit 1B - Letter from TFC, David Merriam, Bethany Resident State Trooper, dated January 24, 2011, Re: Review of Sperry Road Scenic Road Application.
Exhibit 1C - Letter from South Central Connecticut Regional Water Authority, dated January 31, 2011, Re: Review of Sperry Road Scenic Road Application.
Exhibit 1D - Letter from Rod White, Fire Marshal, dated February 1, 2011, Re: Review of Sperry Road Scenic Road Designation Application.
Exhibit 1E – Email from Alan Green, Director of Public Works to Isabel Kearns, ZEO, dated February 2, 2011, Re: Review of application for Scenic Road Designation.




Present to speak on behalf of this application were Frank and Christine Silvestri.
Mr. Silvestri reviewed the proposed project noting:
§ That the portion of Sperry Road north of Hatfield Hill Road and the portion that is south of Bethway Road is already designated as a scenic road and this would connect the two pieces and make the whole road scenic.
§ That signatures have been obtained from all of the abutting landowners except for one.

In discussion, Commission members noted:
§ That all the landowners to each parcel signed off.
§ That there is a greater percentage than needed of owner’s signatures for lot frontage abutting the road or portion of road proposed for designation.

Chairman Huxley then asked if there were any comments from the public. The following members of the public spoke:
A. Dennis Murphy of 248 Sperry Road - Mr. Murphy asked if the street is designated as scenic, does that have anything to do with his own property after you leave the pavement. (Chairman Huxley responded no only on the public right of way.)
B. Gerard Osgood of 270 Sperry Road – Mr. Osgood asked if the Commission could lower the speed limit. (Chairman Huxley responded you would have to take that up with the Board of Selectmen.)
C. Joanne Blanck of 270 Sperry Road – Ms. Blanck thanked Christine Silvestri for doing the work for this application.
D. Gillian Ivory of 298 Sperry Road – Ms. Ivory also thanked Christine Silvestri.

At 8:30 p.m., Chairman Huxley closed the public hearing on the subject application.


OLD BUSINESS

1) 429 Fairwood Road, Application #2011-001 submitted by EMG Properties LLC for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit - The public hearing was closed. Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved Shea and seconded by Shurtleff to approve the following resolution for Application #2011-001:

Whereas, the owner of the property, EMG Properties, LLC (William Grieger), authorized John Paul Garcia and Associates to act as the agent for this application in a letter dated December 23, 2010;

Whereas, the owner/agent applied on January 5, 2011, to the Bethany Planning and Zoning Commission for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit for site work associated with the development of 429 Fairwood Road;


Whereas, the applicant proposes to disturb 1.086 acres, including the filling of 3,380 cubic yards of material in conjunction with the development of this lot;

Whereas, the Commission held a public hearing on February 2, 2011, on this application (#2011-001) in conjunction with the site plan application (#2011-004);

Whereas, the Commission closed the public hearing at the conclusion of testimony on February 2, 2011;

Whereas, the Commission at its regular meeting of February 2, 2011, considered the plans, testimony and other pertinent application information associated with this Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading application for the site development of 429 Fairwood Road;

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

1) The property is not located with a Public Water Supply Watershed Area.
2) The Commission received Inlands Wetlands Permit #1157 for approval of a new building, septic, well, driveway, parking and associated drainage 429 Fairwood Road;
3) The Commission received a letter dated January 25, 2011, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District which states “… the minimum requirements of the appropriate sections of the Connecticut Public Health Code were observed for the proposed 9,000-square foot commercial storage building”.
4) The Commission discussed with Isabel Kearns, ZEO, that she verbally had a conversation with Roderick White, Fire Marshal, who indicated that he had no issues with regard to this application.

Now Therefore Be It Resolved, that pursuant to Section 8 of the Bethany Zoning Regulations, amended to June 10, 2010, the Bethany Planning and Zoning Commission approves the Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit for the development of 429 Fairwood Road, as presented in the application and in association with the testimony given, based on the following submitted plans prepared by John Paul Garcia and Associates, Bethany Connecticut:
a) “Site Development Plan”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-1.
b) “Site Landscaping and Erosion Control Plan”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-2.
c) “Typical Details”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-3.
d) “Typical Details”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-4.




and with the following conditions:

1) Roderick White, Fire Marshal, must provide a letter of approval.
2) A bond for erosion control measures, reclamation of the site, the landscaping of four (4) trees and removal of the screener must be received prior to the issuance of a building permit and/or site work. Said bond shall be in an amount acceptable to town engineer and in a form acceptable to town attorney.
3) Prior to commencement of work, the ZEO shall inspect and approve ALL erosion control measures.
4) The screening of earth materials associated with this permit shall only occur on the days and times specified, as specified in the Earthwork Narrative, Not 8.5 D-5 found on Sheet C-2.
5) There shall be no burial of stumps on property.
Voting were: Huxley, Shurtleff, Winer, Shea, Adelberg
Vote 5 to 0.
Unanimous approval.

2) 429 Fairwood Road, Application #2011-004 for a Site Plan Review and Business and Industrial Use for storage facility/office – The public hearing was closed. Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved Winer and seconded by Shurtleff to approve the following resolution for Application #2011-004:

Whereas, the owner of the property, EMG Properties, LLC (William Grieger), authorized John Paul Garcia and Associates to act as agent for this application in a letter dated December 23, 2010;

Whereas, the owner/agent applied on January 5, 2011, to the Bethany Planning and Zoning Commission for site plan approval to construct a 9,000 square foot commercial building including associated site work and for a New Use Permit for a storage facility and office located at 429 Fairwood Road;

Whereas, the Commission held a public hearing on February 2, 2011, for this Site Plan and New Use application (#2011-004) in conjunction with the public hearing for the Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading application (#2011-001);

Whereas, the Commission closed the public hearing at the conclusion of testimony on February 2, 2011;

Whereas, the Commission also at its regular meeting of February 2, 2011, considered the plans, testimony, statement of use and other pertinent application information relating to this Site Plan Approval for a commercial 9,000-square foot building including associated site work and for a New Use Permit for a storage facility and office at 429 Fairwood Road;


Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The property is not located with a Public Water Supply Watershed Area.
2) The Commission discussed with Isabel Kearns, ZEO, that she verbally had a conversation with Roderick White, Fire Marshal, who indicated that he had no issues with regard to this application.
3) The Commission received Inlands Wetlands Permit #1157 for approval of a new building, septic, well, driveway, parking and associated drainage at 429 Fairwood Road.
4) The Commission received a letter dated January 25, 2011, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District which states “… the minimum requirements of the appropriate sections of the Connecticut Public Health Code were observed for the proposed 9,000-square foot commercial storage building”.

Now Therefore Be It Resolved, that pursuant to Section 5.2A for the Site Plan Approval and Section 5.1A for the New Use Permit of the Bethany Zoning Regulations, amended to June 10, 2010, the Bethany Planning and Zoning Commission approves the site plan approval to construct a 9,000- square foot commercial building including associated site work and the New Use Permit for a storage facility and office located at 429 Fairwood Road, as presented in the application, including the statement of use and testimony and based on the following submitted plans prepared by John Paul Garcia and Associates, Bethany Connecticut:
a) “Site Development Plan”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-1.
b) “Site Landscaping and Erosion Control Plan”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-2.
c) “Typical Details”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-3.
d) “Typical Details”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-4.

and with the following conditions:

1) Roderick White, Fire Marshal, must provide a letter of approval.
2) A bond for erosion control measures, reclamation of the site, the landscaping of four (4) trees and removal of the screener must be received prior to the issuance of a building permit and/or site work. Said bond shall be in an amount acceptable to town engineer and in a form acceptable to town attorney.
3) Prior to commencement of work, the ZEO shall inspect and approve ALL erosion control measures.
Voting were: Huxley, Shurtleff, Winer, Shea, Adelberg
Vote 5 to 0.
Unanimous approval.


3) Sperry Road Between Bethway Road and Hatfield Hill Road, Application #2011-003 submitted by Christine Silvestri for a Scenic Road Designation – The public hearing was closed. Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved Winer and seconded by Adelberg to approve the following resolution for Application #2011-003:

Whereas, Application #2011-003 was received by the Planning and Zoning Commission at their regular meeting on January 5, 2011, from Christine Silvestri requesting that the section of Sperry Road between Bethway Road and Hatfield Hill Road be designated as a scenic road pursuant to Section 168 of the Code of the Town of Bethany; and

Whereas, a hearing was held at the regularly scheduled Planning and Zoning Commission meeting on February 2, 2011, for said application and subsequently closed at the conclusion of testimony that same evening; and

Whereas, a letter dated January 24, 2011, from Resident State Trooper, Dave Merriam, reported that the designation of Sperry road to a scenic road will not result in any potential traffic problems;

Whereas, a letter dated February 1, 2011, from Roderick White, Fire Marshal, was received indicating that he had no concerns regarding this application; and

Whereas, an email dated February 2, 2011, from Alan Green, Public Works Director, to Isabel Kearns was received indicating he had no concerns regarding the application; and

Whereas, at the regular meeting of the Planning and Zoning Commission held on February 2, 2011, the Commission carefully reviewed the application materials, exhibits and testimony; and

Whereas, the application materials, exhibits and testimony introduced during the hearing substantiates the application meets the designation criteria contained in Section 168-2B(1), (2), (3) of the Code of the Town of Bethany and that all of the characteristics enumerated in 168-2B(4)(a) through (g) of the Code are associated with the subject section of Sperry Road.

Now therefore Be It Resolved, that the Bethany Planning and Zoning Commission hereby approves the designation of Sperry Road between Bethway Road and Hatfield Hill Road, as a scenic road pursuant to Section 168 of the Code of the Town of Bethany.
Voting were: Huxley, Shurtleff, Winer, Shea, Adelberg
Vote 5 to 0.
Unanimous approval.







4) Discussion regarding Outdoor Wood Burning Furnaces –

Hiram Peck, Planning Consultant, submitted a draft proposed ordinance concerning outdoor wood-burning furnaces. Mr. Peck suggested to the Commission to have a discussion with the Board of Selectmen on this matter and obtain public involvement. Isabel Kearns, ZEO, to prepare and submit letter to Board of Selectmen. Tabled.

5) Discuss increasing application fees – Tabled.

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

7) Discuss Architectural Reviews – Tabled.

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

9) Update on Halter Estates – Tabled.



APPROVAL OF MINUTES

It was moved by Shurtleff and seconded by Shea to defer the approval of the minutes of the January 5, 2011, regular meeting until the next regular meeting on March 2, 2011. Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO, stated the Commission needs to schedule a public hearing on the proposed amendments to the Aquifer Protection Area Regulations as recommended by the State of Connecticut, Department of Environmental Protection, in a letter dated November 23, 2010. The Commission scheduled a public hearing date of April 6, 2011, at the next regular meeting.



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

Respectfully submitted,


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

Wednesday, February 2, 2011

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, JANUARY 24, 2011 Page 1 of 5


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:
Patricia McGregor, Chairman
Alexandra Breslin, Vice-Chairman, who arrived at 7:44 p.m.
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


ELECTION OF OFFICERS

It was moved by Sullivan and seconded by Smith to elect Alexandra Breslin as Vice-Chairman of the Inland Wetlands Commission for the term of July 2010 to June 2011.
Unanimous approval.


APPROVAL OF MINUTES

1. It was moved by Sullivan and seconded by Breslin to approve the minutes of the December 28, 2010, Regular Meeting with the following correction:
· Page 1, Fourth Paragraph – Reads “Karen Walton, Assistant Inland Wetlands Enforcement Officer” Change to “Karen Hubbell, Assistant Inland Wetlands Enforcement Officer”.
Voting were: McGregor, Breslin, Sullivan
Unanimous approval.


GENERAL CORRESPONDENCE

1. Memo from Isabel Kearns, IWEO, dated January 21, 2011, Re: Review of Resubdivision of Lot 2, 83 Beacon Road, Moscato.
2. Copy of Wetlands/Watercourses and Soil Report for 75 Lacey Road, dated October 7, 2010, prepared by Soil Science and Environmental Services, Inc.
3. Copy of email from Lynn Fox, QVHD, to Karen Hubbell, Assistant IWEO, dated December 29, 2010, Re: Burial of horse at 185 Beacon Road.
4. Letter from Society of Soil Scientist of Southern New England, dated Autumn 2010, Re: 2010 Edition of the “Registry of Soil Scientists” attached.
5. Letter from State of Connecticut, Connecticut Siting Council, dated January 21, 2011, Re: Notice of public hearing pertaining to construction, maintenance, and operation of Wind Renewable Generating facility located in Prospect, CT.


WORKSHOPS AND PUBLICATIONS

1. Connecticut Land Use Law for Municipal Land Use Agencies, Boards, and Commissions, Saturday, March 12, 2011, Middletown, CT.
2. Connecticut Federation of Lakes News, December 2010.
3. Connecticut Wildlife, January/February 2011.


BILLS

1. It was moved by Breslin and seconded by Sullivan to approve the payment of $107.40 for professional services from November 21, 2010 to December 18, 2010 rendered by Diversified Technology Consultants, pertaining to 185 Beacon Road.
Unanimous approval.


NEW BUSINESS

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

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, Jack Moscato.

Mr. Garcia reviewed the proposed project noting:
· That the previous application was withdrawn (10/25/10) and the storm drainage has been revised to address the Commission’s concerns.
That the driveway will be reworked and that the rough-cut and majority of grading has been completed.

Isabel Kearns, IWEO, reviewed the application and submitted comments dated January 21, 2011.

In discussion, Commission members noted:
· That note #8 on Drawing C-1 reads conservation easement. Should this read access easement?
· That the plan and storm water management report needs to be submitted to Nafis and Young for engineering comments.
· That the Project Engineer needs to add to the plan who will be responsible for maintenance of basins.
· That more hay bales should be placed at slope when coming in driveway for stabilization.
· That note #4 on Drawing C-3 under Erosion and Sediment Control Notes is not practical and the Project Engineer will reconfigure and revise.
· That the Project Engineer should wait for comments from Town Engineer before revising plan.

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

The Commission feels this application would meet the potential for impact on the wetlands (significant activity) and will consider conducting a public hearing. The Commission will wait for comments from the Town Engineer. Tabled.


It was moved by Breslin and seconded by Smith to add Application #1162 for 116 Old Amity Road to the January 24, 2011 agenda. Unanimous approval.

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 -

The Commission received the application.

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


OLD BUSINESS

1. 75 Lacey Road, Application #1159 submitted by Michael Carbone for an IW Permit for a residential site development –

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

Mr. Garcia reviewed the proposed project noting:
· That he met with the Town Attorney this evening and determined the lot is a legal building lot.

In discussion, Commission members noted:
· That the Commission received the Soil Report from Soil Science and Environmental Services, dated October 7, 2010.
· That the Commission received revised plans dated January 3, 2011, with the contours shown in the septic area.
· That the Project Engineer will revise the plan to show the location where the conservation area signs will be placed and where the upland review area is located.

Commission members proceeded to deliberate.

It was moved by Sullivan and seconded by Smith to approve Application #1159 submitted by Michael Carbone for an Inland Wetlands Permit for a residential site development in accordance with the submitted plan entitled, “Proposed Site Plan, 75 Lacey Road, Bethany, Connecticut”, dated October 27, 2010, revised to January 3, 2011, prepared by John Paul Garcia and Associates, Bethany, Connecticut and is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
· This approval is contingent upon the receipt of a revised site plan that identifies the location of the Wetland Area Conservation Signs to be installed on the site as designated by the sequence of construction Note #1.
· The provision of a bond in the amount to be determined based on an estimate by the Project Engineer, upon review by the Agency’s Consulting Engineer and in a form and amount acceptable to Town Counsel.

The Commission’s decision was based on the the fact that the application exhibits good engineering practices in accordance with the 2002 CT Guidelines for Soil Erosion and Sediment Control and 2004 CT Stormwater Quality Manual. Unanimous approval.

3. 34 Ridgewood Road, Application #1160 submitted by Kenneth Reynolds for an Inland Wetlands Permit for the construction of an attached two-car garage –

Present to speak on behalf of this application was Kenneth Reynolds, applicant and owner of record.

In discussion, Commission members noted:
· Because the site plan does not have contours, which way does the water flow? (The applicant responded down the driveway.)
· That the silt fence should be placed on the downgrade.
· That the roof drains should discharge downgrade but be pitched away from the driveway to avoid icing on the driveway.

Commission members proceeded to deliberate.

It was moved by Sullivan and seconded by Smith to approve Application #1160 submitted by Kenneth Reynolds for an Inland Wetlands Permit for the construction of an attached two-car garage in accordance with the site plan submitted on December 17, 2010, with hand drawn markings prepared 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 that it appears that from the proposed development and the slope of the land there should be little or minimal impact to the onsite wetlands. Unanimous approval.

4. Discussion with Hiram Peck, Planning Consultant, regarding the possible regulation amendments suggested by the Inland Wetlands Commission –
Mr. Peck was not available. Tabled.

5. 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 REGULATED AREA. ACTIVITY ON THIS SITE REQUIRES ACTION BY THE BETHANY INLAND WETLANDS COMMISSION. CONTACT THE BETHANY IWC CLERK AT TOWN HALL”.

The clerk will prepare a draft sign for the Commission to review for next month’s meeting on February 28, 2011. 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 Breslin to adjourn the regular meeting at 8:52 p.m. Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
for the Inland Wetlands Commission