Monday, August 15, 2011

BOARD OF SELECTMEN
MONDAY, AUGUST 8, 2011
Page 1 of 4

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

Visitors: Attorney Kevin McSherry, Ben Rosenbloom, Erwin Steward, Kathleen Schurman

First Selectwoman Derrylyn Gorski called the meeting of the Board of Selectmen 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 the accounts payable checks. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.

ADDITION TO AGENDA
Selectman Shea moved to add Woods Road to the agenda of this meeting. Selectman Thornquist seconded the motion. The vote taken was unanimous.

WOODS ROAD
Erwin Steward and Ben Rosenbloom were present to discuss with the Selectmen the condition of Woods Road. Woods is a private road off of route 69. According to maps on file, this sub-division was created in 1936. There are eighteen homes on Woods Road. The road is presently in a state of disrepair. Mr. Steward and Mr. Rosenbloom were making inquiries whether the Town could do the repair and then place an assessment on each homeowner to recoup the money. The Rosenbloom’s, who have lived on Woods Road for ten years, indicated they had gotten an estimate a few years ago to do repair work. At that time the cost would have been about $3,000 to $5,000 from each resident to repair and repave the road. Erwin Steward indicated that he feels that the road is a safety hazard. Attorney McSherry will determine what is legally feasible and will email Mr. Rosenbloom the proper wording for a Bethany Woods cost and maintenance equal share agreement on which he could obtain signatures.

APPROVAL OF MINUTES
Selectman Thornquist moved to accept the minutes of the meeting of July 19, 2011 with the following revisions.

First Selectwoman Gorski asked Public Works Director Al Green for his recommendation. Mr. Green recommended the John Deere based on operator evaluations and safety features, citing driver egress from both sides of the John Deere and the Caterpillar vs. only left side egress from the Case as one example. First Selectwoman Gorski asked the Selectmen for their comments regarding the awarding of the backhoe bid. Selectman Shea felt that for the use this backhoe would be getting there was no need to spend the extra money to purchase the John Deere with all the bells and whistles. Selectman Thornquist had spoken to another town about their equipment, that town has 20 employees who evaluated the same three machines using each machine for one week. They all preferred the John Deere; however, the Deere could not be delivered in time and so they purchased the Caterpillar. (No marked opinion on any machines was given). First Selectwoman Gorski indicated that “the way we use a machine and drive it to each job, some of which can be 10 miles from the town garage, rather than to trailer it, make her feel that ride control is an important feature for us, both the Caterpillar and the John Deere have ride control, the Case does no. She felt that it was important to consider the employee evaluations which had rated the John Deere the highest. Of a possible 192 points, the average for the John Deere was 172, the Caterpillar was 162 and the Case was 148. On a scale of 1-6 with 1 and 2 being poor design, only the Case received that rating, and it was rated either a 1 or a 2 by all 5 operators for the same feature-“easy operation of the boom lock”. That is the same technology as the 17 year-old Case we have now and sometimes, the boom goes into the lock position causing material in the bucket to be deposited into the operator compartment and onto the operator. The John Deere also has 3 modes of operation, so that the operator can slow down the machine when working with a man guiding a 4,000 lb. sump into place. Both the Caterpillar and the John Deere have a banana boom allowing the operator to work more precisely in tight spaces, the Case has a straight boom. She also favored the John Deere, because employee safety around the John Deere with features the other machines did not have would be better, especially the fact that the controls are in the armrest, allowing the operator to always be facing the work, a feature unique to the John Deere . Selectman Thornquist then moved a motion to purchase the John Deere backhoe. Selectman Shea seconded the motion. Further discussion followed. The motion was called. First Selectwoman Gorski and Selectman Thornquist voted to accept the bid of John Deere for $138,550 including auger based on the recommendation of DPW Director Green; the operator evaluations and precision and safety features. Selectman Shea voted no as he felt that paying $22,750 more for a machine that would do basically the same work was a lot of dollars to spend extra in this economy.

Selectman Shea seconded the motion. The vote taken was unanimous to accept as amended.

Selectman Shea moved to accept the minutes of the meeting of July 25, 2011. The motion was seconded by Selectman Thornquist. The vote taken was unanimous to accept without change.

WAIVE RENTAL FEE FOR VETERANS MEMORIAL PARK PAVILION
Christ Episcopal Church has requested waiving of the fee to use the Pavilion at Veterans Memorial Park on September 11, 2011 for a service. Following a brief discussion Selectman Shea moved a motion to waive the fee for use of the Pavilion by Christ Episcopal Church. Selectman Thornquist seconded the motion. The vote taken was unanimous.

CHARGE AND APPOINTMENTS TO THE LONG TERM FINANCIAL COMMITTEE
Selectman Thornquist moved the following charge for the Long Term Financial Committee:

The Long Term Financial Planning Committee (the “LTFPC or the “Committee”) of the Town of Bethany shall be charged with the responsibility of developing a 5 year financial plan for the Town. The LTFPC will address the strategic investments that may be necessary for the Town of Bethany. The development of the Long term Financial Plan will also incorporate the impact of demographic changes,
Economic trends, state funding projections, financing requirements, revenue trends, town educational and recreational needs as well as any other pertinent factors deemed significant.

The LTPFC is a five-member committee appointed for a one-year term (renewable) appointed by the Board of Selectmen. The LTFPC is comprised on two members of the Finance Committee and three members at-large. The First Selectman or designee serves as an ex-officio member.

The LTPFC’s charge of duties is as follows: The LTFPC shall define and study factors impacting future revenue, expenditure and capital needs. The LTFPC shall consider the relative needs, impact, timing, cost and funding impacts and use them to develop a proposed 5 year plan (or plans if multiple scenarios are deemed necessary) in the form of a projection for each of the next 5 years for general fund revenue, expenditures, debt and fund balance and capital projects/spending. The LTFPC shall include in their report their assumptions and data sources as well as any recommendations and action items for the next five fiscal years, and present the report to the Selectmen and Finance Committee for their consideration and at a Town Meeting for its approval.

Selectman Thornquist seconded the motion. The vote taken was unanimous.

APPOINTMENT TO LONG TERM FINANCIAL COMMITTEE
Selectman Thornquist moved to appoint Stephen Squinto to a term on the Long Term Financial Committee. Selectman Shea seconded the motion. The vote taken was unanimous.

EAGLE SCOUT PROJECT
The Eagle Scout Project as listed on the agenda was tabled because the his presentation was incomplete.

APPOINTMENTS TO INLAND WETLANDS COMMISSION
Selectman Shea moved to appoint Lisa Gaw as a full member of the Inland Wetlands Commission. Selectman Thornquist seconded the motion. The vote taken was unanimous.

Selectman Thornquist moved to appoint Roger Hathaway as a full member of the Inland Wetlands Commission. Selectman Shea seconded the motion. The vote taken was unanimous.

Selectman Thornquist moved to remove John Kane as a member of the Inland Wetlands Commission as he has been unable to attend a meeting for the last year. Selectman Shea seconded the motion. The vote taken was unanimous.

The motion was made by Selectman Thornquist and seconded by Selectman Shea to move Brian Smith from an alternate to a full member of the Inland Wetlands Commission.

BOARD OF ASSESSMENT APPEALS
A motion was moved by Selectman Shea and seconded by Selectman Thornquist to appoint John Ford IV as a member of the Board of Assessment Appeals. Selectman Thornquist seconded the motion. The vote taken was unanimous.













CORRESPONDENCE
Correspondence was received from the Regional Water Authority indicating that the past two years have been the wettest on record.

ADJOURNMENT
Adjournment was called at 8:25 p.m. after a motion was moved by Selectman Thornquist and seconded by Selectman Shea.

Respectfully submitted,

Minutes transcribed by June G. Riley
Secretary, Board of Selectman

Minutes taken by Attorney Kevin McSherry
Town Counsel


Tuesday, August 9, 2011

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, AUGUST 3, 2011 Page 1 of 6

The regular meeting of the Planning and Zoning Commission was called to order at 7:03 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
Kimberly McClure Brinton, Member
Marc Adelberg, Alternate Member
Nellie Rabinowitz, Alternate Member
Donna Shea, Alternate Member, seated as a voting member

The following Commission member was absent or excused:
Michael Calhoun, Member

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


APPROVAL OF MINUTES

1. It was moved by Winer and seconded by Spear to approve, as submitted, the minutes of the June 29, 2011, Special Meeting.
Voting for: Spear, Winer, Rabinowitz.
Unanimous approval.

2. It was moved by Winer and seconded by Brinton to approve, as submitted, the minutes of the July 6 2011, Regular Meeting.
Voting for: Spear, Winer, Brinton, Rabinowitz, Shea.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Rod White, Fire Marshal, dated July 6, 2011, Re: Clarification as to the waiver request for a water source at 100 Miller Road, two-lot resubdivision.
2. Letter from Attorney Michael Alexander (representing Chris Stoyer), dated July 11, 2011, Re: Requesting an extension of time to the August Planning and Zoning Commission Meeting to respond to the conditions of the 100 Miller Road Resubdivision Approval on June 29, 2011.
3. Letter from Bruce Loomis, Chairman of the Conservation Commission, dated July 25, 2011, Re: 100 Miller Road, clarification of the Open Space portion of the recent approval of the resubdivision.
Chair Spear directed the Clerk to invite Mr. Loomis to the next regular meeting on September 7, 2011, to discuss the Open Space. Karen Hubbell, Assistant Zoning Enforcement Officer, stated she would communicate to Mr. Loomis.
4. Letter from Attorney Michael Alexander (representing Chris Stoyer), dated August 1, 2011, Re: Requesting change of appearance before the Commission to September 7, 2011, regarding zero-run off conditions in the approval, 100 Miller Road.
5. Memo from Hiram Peck, Planning Consultant, dated July 12, 2011, Re: Amendment to the Zoning Regulations, Section 6 – Prohibited Uses, Signs with internal lighting or illumination.
6. Letter from Quinnipiack Valley Health District, dated August 3, 2011, Re: Review comments on 60 Mesa Drive, Application #2011-021, recording studio.
7. Letter from Isabel Kearns, ZEO, to Frederick Nuzzo dated July 7, 2011, Re: Application #2011-018, Sign Permits – Grand Apizza of Bethany, 119 Amity Road.
8. Email from Eugene Livshits of the South Central Regional Council of Governments, dated July 29, 2011, Re: Town of Woodbridge referral regarding proposed Zoning Regulation Amendments to golf courses within a Residence A District.


BILLS

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


ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

No report.


NEW BUSINESS

1) 135 Pole Hill Road, Application #2011-019 submitted by Joanna Baum for a Home Occupation Permit to operate a home office for a design business –

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

Isabel Kearns, ZEO, who was not present, prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2011-019:

Whereas, Joanna Baum applied to the Planning and Zoning Commission for a home occupation permit to operate a home office for a design business on August 3, 2011;
Whereas, the Commission at its regular meeting of August 3, 2011, considered the statement of use, narrative, testimony and other pertinent application information relating to this home occupation application;

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

1) Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on July 18, 2011, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on July 15, 2011, indicating his approval.

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves the application of Joanna Baum to operate an office for a design business located at 135 Pole Hill Road, as outlined in the Statement of Use dated July 8, 2011, and with the following condition:

1) There shall be no clients visiting site.
2) No signage unless a sign permit is granted.
Voting for: Spear, Shurtleff, Winer, Brinton, Shea.
Vote 5 to 0.
Unanimous approval.


2) Discussion with Christopher Stoyer regarding response to conditions of the 100 Miller Road Resubdivision Approval dated June 29, 2011 –

The Commission received a letter from Attorney Michael Alexander (representing Chris Stoyer), dated August 1, 2011, Re: Requesting change of appearance before the Commission to September 7, 2011, regarding zero-run off conditions in the approval, 100 Miller Road. Tabled.


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

Present for this discussion was Stuart Cuthbert of 403 Fairwood Road. Mr. Cuthbert explained to the Commission that his neighbor at 415 Fairwood Road is operating a fencing business without permits at his property and has located a large dumpster on the property line. Mr. Cuthbert stated that there is a lot of debris on the lawn. Also, Mr. Cuthbert believes the owner of record is renting out the basement.

Karen Hubbell, Assistant Zoning Enforcement Officer, stated a Cease and Desist was issued on May 5, 2011.

Hiram Peck, Planning Consultant, recommended that the Zoning Enforcement Officer and the Building Official schedule a joint inspection of the property. Mr. Peck stated that if the owner refuses the Building Official entrance to the home, a different process should be taken.

Chair Spear stated that the Zoning Enforcement Officer should proceed with the violation process, the Zoning Enforcement Officer and Building Official visit the site together and the Fire Marshal should also be informed of the possible apartment in basement for safety issues.


4) Discussion with Hiram Peck, Town Planner, amendment to Zoning Regulations regarding Signs –

Hiram Peck, Planning Consultant, submitted a proposed amendment to the Zoning Regulations regarding prohibiting the use of Signs with any type of internal lighting or internal illumination.

The Commission also discussed clarifying the definitions for an indoor riding arena, barn and common driveway.

This item was deferred to the next regular meeting, September 7, 2011. Tabled.


5) 655 Litchfield Turnpike, Application #2011-020 submitted by Johanne Rousseau-Holt for a Home Occupation Permit to operate a therapeutic massage business –

The Commission formally received the application. Present to speak on behalf of this application was Johanne Rousseau-Holt, applicant and owner of record.

Mrs. Rousseau-Holt reviewed with the Commission the proposed therapeutic massage business.

Karen Hubbell, Assistant Zoning Enforcement Officer, informed the Commission that the Quinnipiack Valley Health District and the South Central Connecticut Regional Water Authority have not commented to date.

Chair Spear stated the Commission cannot act without these comments.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, September 7, 2011. Tabled.


6) 60 Mesa Drive, Application #2011-021 submitted by Shimei Fan and Richard Korb for a Home Occupation Permit to operate a sound Recording Facility -

The Commission formally received the application. Present to speak on behalf of this application was Daniel and Sophia of Global Art Entertainment, applicants.



Mr. Daniel explained to the Commission that the basement has been finished with sound proofing.

Chair Spear read letter from Sifei Wen, dated July 28, 2011, explaining the business and manner of operation.

Karen Hubbell, Assistant Zoning Enforcement Officer, stated Quinnipiack Valley Health District submitted a letter dated August 3, 2011, requesting information on a location to replace the existing subsurface sewage disposal system if needed. Mr. Daniel will meet with Ms. Hubbell to comply with the requirements of the Quinnipiack Valley Health District.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, September 7, 2011. Tabled.


OLD BUSINESS

1) 58 Miller Road, Application #2011-017 submitted by Sandra Barrett for a Home Occupation Permit to operate a cupcake and baking company –

No one was present to speak on behalf of this application.

Isabel Kearns, ZEO, who was not present, prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Winer and seconded by Brinton to approve the following resolution for Application #2011-017:

Whereas, the Planning and Zoning Commission received correspondence dated June 27, 2011, from Sandra Barrett, owner of 58 Miller Road, in which she authorizes Catherine O’Shea-Barkley to apply for a Home Occupation Permit to operate an office for a cupcake business (Pretty Much Cupcakes);

Whereas, Catherine O’Shea-Barkley applied to the Planning and Zoning Commission for a Home Occupation Permit to operate a home office for a cupcake business on July 6, 2011;

Whereas, the Commission at its regular meeting of August 3, 2011, considered the statement of use, narrative, testimony and other pertinent application information relating to this Home Occupation application;

Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on August 1, 2011, indicating her approval.
Rod White, Fire Marshal, signed off on the back of the application form on July 15, 2011 indicating his approval.

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves the application of Catherine O’Shea-Barkley to operate an office for a cupcake business (Pretty Much Cupcakes) at 58 Miller Road, as outlined in the Statement of Use dated June 27, 2011, and with the following conditions:

1) No baking shall occur at 58 Miller Road. All baking shall be done in a certified commercial kitchen.
2) There shall be no business clients on site.
3) No sign permitted unless a sign permit is granted.
4) Applicant will notify Quinnipiack Valley Health District when a commercial kitchen is found.
Voting for: Spear, Shurtleff, Winer, Brinton, Shea.
Vote 5 to 0.
Unanimous approval.


2) Discuss increasing application fees – Tabled.



It was moved by Shurtleff and seconded by Winer to adjourn the regular meeting at 8:20 p.m. Unanimous approval.

Respectfully submitted,



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