Wednesday, September 21, 2011

MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR
MEETING OF MONDAY, SEPTEMBER 12, 2011 Page 1 of 4

The regular meeting of the Zoning Board of Appeals was called to order at 7:12 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Board Members were present:
Carol Goldberg, Chair
Ruth Beardsley, Vice Chair, who arrived at 7:34 p.m.
Steven Massey, Member
James Gugliotti, Member
Walter Briggs, Member
Frances Doba, Alternate Member, serving as a voting member.

The following Board Members were absent or excused:
Lisa Gaw, Alternate Member
Margaret Foley, Alternate Member

Also present was:
Isabel Kearns, Zoning Enforcement Officer


It was moved by Gugliotti and seconded by Massey to add to the agenda the Election of Officers for the 2011 to 2012 term. Unanimous approval.


ELECTION OF OFFICERS

It was moved by Gugliotti and seconded by Massey to nominate Carol Goldberg as Chair for the Zoning Board of Appeals for the 2011 to 2012 term. Unanimous approval.

It was moved by Gugliotti and seconded by Massey to nominate Ruth Beardsley as Vice-Chair for the Zoning Board of Appeals for the 2011-2012 term. Unanimous approval.

It was moved by Gugliotti and seconded by Doba to nominate Steve Massey as Secretary for the Zoning Board of Appeals for the 2011-2012 term. Unanimous approval.


MINUTES

The approving of the minutes of the May 9, 2011, Regular Meeting was tabled until the next regular meeting.






BILL

It was moved by Gugliotti and seconded by Doba to approve the payment of a bill for $95.00, dated September 12, 2011, from Anne Sohon for recording services for the public hearing (190 Russell Road).
Unanimous approval.


PUBLIC HEARING – 190 RUSSELL ROAD

Chair Goldberg opened the public hearing for 190 Russell Road at 7:16 p.m.

Chair Goldberg read the notice of the public hearing for the application submitted by Donna Amendola for property located at 190 Russell Road for a 15-foot variance of the rear yard setback to allow a 35-foot rear yard setback for the construction of a shed/pool house.

Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.

Chair Goldberg stated that the Zoning Regulations state that the applicant shall notify the surrounding property owners within 100 feet of the application and that the applicant needs to provide evidence at the time of the public hearing by submitting a “certificate of mailing” for the record. Mrs. Amendola had a copy of the “certificate of mailing” and the Board requested the original copy. Mrs. Amendola agreed to go to her home to obtain the original copy.

The public hearing was recessed at 7:20 p.m. and reconvened at 7:34 p.m.

Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
1) Exhibit 1A – “Certificate of Mailing” dated September 1, 2011, listing addresses of the surrounding property owners within 100 feet of the property that were notified of this application with attached sales receipt dated September 1, 2011.
2) Exhibit 1B – Copy of letter that was sent to addresses listed on the “Certificate of Mailing” dated September 1, 2011.
3) Exhibit 1C – Letter from Frank and Sherryl Pucillo of 384 Bethmour Road, dated September 11, 2011, Re: No objection to ZBA application of Donna Amendola of 190 Russell Road.
4) Exhibit 1D – Letter from Donald Parrott and Lisa Miles of 378 Bethmour Road, dated September 10, 2011, Re: No objection to ZBA application of Donna Amendola.
5) Exhibit 1E – Letter from Mr. and Mrs. Stephen Drew of 200 Russell Road, dated September 11, 2011, Re: No objection to ZBA application of Donna Amendola.


6) Exhibit 1F – Letter from John and Lisa Grabowski of 182 Russell Road, dated September 11, 2011, Re: No objection to ZBA application of Donna Amendola.
7) Exhibit 1G – Letter from Isabel Kearns, ZEO, to Mr. and Mrs. Ralph Amendola of 190 Russell Road, dated May 24, 2011, Re: Zoning Application for shed/pool house at 190 Russell Road.
8) Exhibit 1H – Two pages of a copy of “Site Plan prepared for Amendola” dated August 25, 1992.
9) Exhibit 1”I” – Photograph of southern most part of the pool.
10) Exhibit 1J – Photograph of northern part of the pool.
11) Exhibit 1K – Original copy of an Administrative Zoning Permit for an inground pool approved July 13, 2009.
12) Exhibit 1L – Copy of variance approved for 190 Russell Road on July 17, 1999.

Present to speak on behalf of the application was Donna Amendola, applicant and owner or record. Mrs. Amendola noted the following:
That there is ledge to the west side of the property.
Driveway is on the east side of the property.
That the well will be encompassed in the proposed shed/pool house.
The shed will be 30’ by 32’.
Will remove overhang to accommodate square foot requirement for proposed structure as stated in Exhibit 1G (new measurement will be 991 square feet).

In discussion, Board members noted:
Applicant did not provide evidence of ledge (verbally stated).
No topography map submitted.
There are other areas between house and pool where the proposed shed can be located.

Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were no comments.

Chair Goldberg asked if there were any public members who would like to speak in opposition of this application. There were no comments.

There being no further discussion, at 8:36 p.m. Chair Goldberg closed the public hearing on the subject application.


DELIBERATION AND DECISION MAKING SESSION

Board members further discussed the application and proceeded to deliberate.




190 Russell Road –

It was moved by Gugliotti and seconded by Briggs that the Zoning Board of Appeals denies the application of Donna Amendola for the property located at 190 Russell Road and shown on Assessor’s Map #113, Lot #3-2 for a variance of Sections 4.1.C and 3.4 of the Bethany Zoning Regulations.

Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings:
The reasons set forth in the application do not justify the granting of the variance.
The financial hardship alleged by the applicant is not so great that the property owner is deprived of any worthwhile rights or benefits of the land because it appears that the property can still be used by the homeowner.
Vote 5 to 0.
Voting for: Goldberg, Gugliotti, Massey, Briggs, Doba.
Unanimous approval.


ADJOURNMENT

It was moved by Gugliotti and seconded by Massey to adjourn the regular meeting at 8:58 p.m. Unanimous approval.

Respectfully submitted,



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

Monday, September 19, 2011

BOARD OF FINANCE
SEPTEMBER 13, 2011
Page 1 of 2

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

Chairman Brunwin called the meeting of the Board of Finance to order at 7:02 p.m. Chairman Brunwin welcomed Aileen Magda to her first Board of Finance meeting.

APPROVAL OF MINUTES
Chairman Brunwin moved to approve the minutes of the meeting of June 14, 2011. Sally Huyser seconded the motion. Chip Spear questioned the corrections made to the minutes of the meeting of May 31, 2011. Chairman Brunwin could not verify Chip’s question. Approval of the minutes was then tabled until the next meeting.

CHAIRMAN’S REPORT
AMITY FINANCIAL COMMITTEE MEETING
Chairman Brunwin had attended the most recent meeting of the Amity Financial Committee. She reported that Jamie Stirling has been appointed Chairman of the Finance Committee. Chairman Brunwin gave a list of the dates for budget preparation, Public Hearing and the Amity Referendum. Amity closed the year with a $342,000 surplus. This surplus was transferred to the Capital Expenditure account. There will be no refunds to the Towns this year. Roof replacement to the original building was mentioned as a possible Capital request. The committee discussed purchase of a large generator that would power the whole building. They estimated the cost to be $500,000.


BUDGET PREPARATION FOR FISCAL YEAR 2012-13
Chairman Brunwin wanted Board members to be thinking of “how our budget for next year is going to look.

LONG TERM PLANNING COMMITTEE
The Board discussed appointments to the Long Term Planning Committee. Names suggested were Jamie Stirling, Chip Spear, Stephen Squinto, Sharon Huxley and Robert Brinton Jr. Robert Brinton Jr. declined appointment to that committee.

AUDIT
Chairman Brunwin reported that the audit is in progress, however she had nothing to report at this time.

BOND ISSUE
Refinancing of the bonds and possibly putting the road bonding into one issue was discussed. Refinancing of the bonds should save $200,000 in interest.

FIRST SELECTMEN’S REPORT
HURRICANE IRENE
First Selectwoman Gorski reported that the Town Highway labor overtime for Hurricane Irene was $11,400. Alan Green, Rod White and June Riley will attend the FEMA class to see if the Town of Bethany qualifies for assistance.

ROAD STUDY
The Road Study conducted by COG is available. The date will be announced for a Public Hearing on this matter. The Board of Finance requested a list of roads that would be completed during this fiscal year.

OCTOBER BOARD OF FINANCE MEETING DATE CHANGE
Chairman Brunwin asked if the Board of Finance meeting for October could be moved to October 4, 2011 as she would be traveling during the week of October 9, 2011. All agreed that it could.

APPOINTMENT OF A CHAIRMAN
All Board of Finance members agreed unanimously that Janet Brunwin should serve as the chairman for the Board of Finance for 2011-12 fiscal year.

ADJOURNMENT
Adjournment was called at 7:55 p.m. after a motion was moved by Sally Huyser and seconded by John Grabowski. 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, SEPTEMBER 7, 2011 Page 1 of 7

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
Marc Adelberg, Alternate Member, seated as a voting member.
Donna Shea, Alternate Member
Nellie Rabinowitz, Alternate Member

The following Commission member was absent or excused:
Kimberly McClure Brinton, Member

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


APPROVAL OF MINUTES

1. It was moved by Winer and seconded by Shurtleff to approve, as submitted, the minutes of the August 3, 2011, Regular Meeting.
Voting for: Spear, Shurtleff, Winer, Adelberg.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Town Attorney Kevin McSherry to Bruce Loomis, Conservation Commission Chairman, submitted August 22, 2011, Re: Clarification of the open space portion of the recent approval of the resubdivision granted for 100 Miller Road.
2. Letter from Quinnipiack Valley Health District, dated September 6, 2011, Re: Review comments on application for medical office with exam room, 696 Amity Road, Unit B-1.
3. Email from Johanne Rousseau-Holt to Isabel Kearns, ZEO, dated September 6, 2011, Re: Withdrawing Application #2011-020 for Home Occupation Permit to operate a therapeutic massage business.
4. Email from John Laudano of Quinnipiack Valley Health District to Isabel Kearns, ZEO, dated September 7, 2011, Re: Review comments for 60 Mesa Drive.
5. Letter from Attorney Michael Alexander, representing Christopher Stoyer, dated September 6, 2011, Re: Request for a 90-day extension to file the mylar for an approved subdivision at 100 Miller Road.



6. Email from Eugene Livshits, Regional Planner, SCRCOG, dated August 31, 2011, Re: Hope Regional Housing Forum, September 16, 2011.
7. Email from Eugene Livshits, Regional Planner, SCRCOG, dated August 30, 2011, Re: Town of Prospect, proposed Zoning Regulation Amendment, one year moratorium on wind energy regulation applications.
8. Email from Eugene Livshits, Regional Planner, SCRCOG, dated August 30, 2011, Re: Town of Seymour, proposed Zoning Map Amendment.


PUBLICATIONS AND WORKSHOPS

1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Summer 2011.


BILLS

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


ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO, reported on the following:
Kim McClure Brinton – Country Companions Veterinary started construction at 116 Old Amity Road and the erosion control measures are in place and functioning well.
100 Miller Road Resubdivision – Lot has been cleared and working to get erosion controls in place.
415 Fairwood Road – Operation of fencing business without permit – Building official does not want to inspect the property. Mr. Stuart Cuthbert of 403 Fairwood Road, who brought this to the attention of the PZC, has had a discussion with the First Selectman. Chairman Spear will follow-up with the First Selectman.









NEW BUSINESS

1) Discussion with Conservation Commission regarding letter dated July 25, 2011, requesting clarification of the Open Space portion of the recent approval of the resubdivision granted for 100 Miller Road –

Present for this discussion from the Conservation Commission were Bruce Loomis, Audrey Eisenstadt, and Brian Eitzer.

The Commission received a letter from Town Attorney Kevin McSherry to Bruce Loomis, Conservation Commission Chairman, submitted August 22, 2011, Re: Clarification of the open space portion of the recent approval of the resubdivision granted for 100 Miller Road.

Mr. Loomis stated the Conservation Commission feels the Conservation Commission decision on the open space for the 100 Miller Road Resubdivision was poorly represented in the approval and their major concern (did not meet the open space requirement) was not stated in the approval.

Hiram Peck, Planning Consultant, suggested that the Conservation Commission meet with the Town Attorney and Staff to discuss this matter further.


2) 696 Amity Road, Unit B-1, Application #2011-022 submitted by General Practitioners of Hamden PC for a Business Change of Use – Medical Office –

The Commission formally received the application. Present to speak on behalf of this application was Lynette White, PA-C and applicant.

The Commission received a letter from Quinnipiack Valley Health District, dated September 6, 2011, Re: Review comments on application for medical office with exam room, 696 Amity Road, Unit B-1, not recommending approval at this time.

Isabel Kearns, ZEO, stated the owner of the 696 Amity Road Unit in question will leave another unit they own vacant to meet the water requirements of the Quinnipiack Valley Health District. Ms. Kearns stated she received a verbal approval from the representative of the Quinnipiack Valley Health District after this decision to leave a unit vacant was announced.

Lynette White reviewed the proposed project noting:
· Signage will be placed as allowed by the Amity 63 building association.
· There will be only one employee at this time.
· Medical waste will go in separate containers and a special company that handles medical waste will dispose of it.
· There will be only one examining room.

Robert White, registered architect who is assisting Lynette, reviewed the floor plan of the unit.
Isabel Kearns, ZEO, submitted a draft resolution. Commission members discussed and proceeded to deliberate:

It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2011-022:

Whereas, Taro, LLC, owner of Unit B-1 located at 696 Amity Road authorized Lynnette White to apply for the necessary land-use permits to locate General Practitioners of Hamden in Unit B-1;

Whereas, General Practitioners of Hamden authorized Lynnette White to apply for the necessary land-use permits in a document dated August 24, 2011;

Whereas, General Practitioners of Hamden applied on August 26, 2011, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate a general practitioners office in Unit B-1 of 696 Amity Road;

Whereas, the Commission at its regular meeting of September 7, 2011, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate General Practitioners of Hamden in Unit B-1 at 696 Amity Road;

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

Now Therefore the Commission makes the following findings of fact:

1) The Commission received a letter dated September 6, 2011, from Lynn Fox, Quinnipiack Valley Health District representative, stating they cannot recommend approval at this time. However, Isabel Kearns, ZEO, informed the Commission that Lynn Fox left a phone message late this afternoon informing her that it is now approved after vacant unit was discussed.
2) Roderick White, Fire Marshal, signed off on the back of the application form indicating his approval on September 7, 2011.
3) The Commission received a copy of an email dated September 4, 2011, from Ron Walters of South Central Connecticut Regional Water Authority to Isabel Kearns, ZEO, in which he stated he will be away until September 13, 2011, and that he had no comments on this application.

Now Therefore Be It Resolved that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate Hamden General Practitioners, PC in Unit B-1 at 696 Amity Road (Application #2011-022), as presented in the application, statement of use and testimony with the following conditions:

1) A building permit for an Interior-Fit-Out must be approved by the Building Official and the Fire Marshal prior to any renovations to or occupancy of the building.
2) A letter of approval must be received from Quinnipiack Valley Health District.
3) Taro, LLC, owner of record, must submit a letter identifying which unit will remain vacant for the record.
4) South Central Connecticut Regional Water Authority must submit a letter with a favorable recommendation, as outlined in the email dated September 4, 2011.
Voting were: Spear, Shurtleff, Winer, Calhoun, Adelberg.
Vote 5 to 0
Unanimous approval.


3) Discussion with William Grieger regarding 437 Amity Road – Landscaping and Detention Basin –

Present for this discussion was Mr. Bill Grieger, owner of record. Mr. Grieger stated he is trying to get the Certificate of Occupancy for 437 and 443 Amity Road and that a bond for landscaping is in place.

Isabel Kearns, ZEO, stated that the landscaping plan that was modified and approved on May 24, 2011, has not been completed and that Mr. Grieger would like to modify the landscaping plan.

Mr. Grieger presented photographs showing the natural vegetation at the subject location and the areas he would like to modify the landscaping.

The Commission advised Mr. Grieger to submit an application to modify the landscaping plan for the second time.

Hiram Peck, Planning Consultant, will investigate why the Certificate of Occupancy has not been approved at this time and inform Mr. Grieger as soon as possible.


OLD BUSINESS

1. 655 Litchfield Turnpike, Application #2011-020 submitted by Johanne Rousseau-Holt for a Home Occupation Permit to operate a therapeutic massage business –


The Commission received an email from Johanne Rousseau-Holt to Isabel Kearns, ZEO, dated September 6, 2011, Re: Withdrawing Application #2011-020 for Home Occupation Permit to operate a therapeutic massage business.





2. 60 Mesa Drive, Application #2011-021 submitted by Shimei Fan and Richard Korb for a Home Occupation Permit to operate a sound Recording Facility –

Present to speak on behalf of this application was Daniel and Sophia of Global Art Entertainment, applicants.

The Commission received an email from John Laudano of Quinnipiack Valley Health District to Isabel Kearns, ZEO, dated September 7, 2011, Re: Review comments for 60 Mesa Drive.

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

It was moved by Shurtleff and seconded by Calhoun to approve the following resolution for Application #2011-021:

Whereas, Shimei Fan and Richard Korb owners of 60 Mesa Drive, applied to the Planning and Zoning Commission on July 29, 2011, for a home occupation permit to operate a sound recording studio out of their home;

Whereas, the Commission at its regular meeting of September 7, 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, submitted a letter dated August 3, 2011, which was superseded by an email dated September 7, 2011 from John Laudano, Quinnipiack Valley Health District representative, in which he subsequently approves the application.
2. Rod White, Fire Marshal, signed off on the back of the application form on August 2, 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 Shimei Fan & Richard Korb to operate a sound recording studio, as outlined in the Statement of Use.
Abstaining was: Adelberg.
Voting were: Spear, Shurtleff, Winer, Calhoun.
Vote 4 to 0
Unanimous approval.





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

Present for this discussion was Attorney Michael Alexander, representing Christopher Stoyer.

The Commission received a letter from Attorney Michael Alexander, representing Christopher Stoyer, dated September 6, 2011, Re: Request for a 90 day extension to file the mylar for an approved subdivision at 100 Miller Road.

It was moved by Calhoun and seconded by Shurtleff to approve the 90-day extension of time for filing of the two-lot resubdivision plan for the property located at 100 Miller Road, Christopher Stoyer, applicant, approved on June 29, 2011. This extension period expires January 18, 2012.


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

The Commission is proposing the following Zoning Regulation amendment:
· Section 6 – Prohibited Uses
Add Section 6.28 – Signs with any type of internal lighting or internal illumination.

The Commission scheduled a public hearing date of Wednesday, October 5, 2011, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.


5. Discuss increasing application fees – Tabled.



It was moved by Shurtleff and seconded by Winer to adjourn the regular meeting at 8:45 p.m. Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
For the Planning and Zoning Commission
BOARD OF SELECTMEN
SEPTEMBER 12, 2011
Page 1 of 2

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

APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the meetings of August 8, 2011, August 11, 2011 and August 17, 2011. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. The vote taken was unanimous. Selectman Thornquist joined the meeting at 7:45 p.m. Selectman Thornquist then requested re-opening approval of minutes of the meeting of August 8, 2011. His request was granted. Selectman Thornquist then moved to correct the minutes of that meeting by changing the name of the Selectman seconding the motion for the Charge for the Long Term Financial Committee to Selectman Shea. The minutes stand corrected.

TAX REFUNDS
Selectman Shea moved to make tax refunds to the following individuals all for overpayment of taxes:

Ronald & Lorraine Knox $2,212.53
Thomas & Ellen Mitchell $ 36.00
U. S. Bank Home Mortgage $4,296.97
Akbar E. Dar $ 34.52
Arthur or Barbara Thibault $ 150.00
B & B Transportation $ 129.69
Bethany or Richard Gibbons $ 181.27
Donald G. Fertman, Jr. $ 197.40
Gary Ross $ 305.20
Karen & John Zelem $ 50.36
Michael E. Doherty $ 115.05
Michael Thomas Horn $ 157.36
Nicholas or Edward DiGiorgi $ 399.29
Robert Simmons or Joseph Monohan $ 178.18

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

APPOINTMENTS TO BOARDS AND COMMISSIONS
Selectman Shea moved the motion to make the following appointments.

Tree Warden Raymond Pantalone
Assessor Mario Panagrosso
Fire Police Thomas Hunt, Thomas Hicks, Lester warner
Long Range Financial Committee Chip Spear, Sharon Huxley, Stephen Squinto

Hearing Officers Planning & Zoning Mark Pearson

HURRICANE UPDATE
First Selectwoman Gorski gave a report on the operations at the emergency center for Hurricane Irene. First Selectwoman Gorski has website addresses where residents can get information on damage assessment that could qualify them for hurricane relief funds. First Selectwoman Gorski praised the Cert Team and the Highway Department for their handling of this emergency.

CORRESPONDENCE
Correspondence has been received from Laura Johnson regarding damage to the fence at the Dog Park on Pole Hill Road.

WAIVING OF RENTAL FEE FOR LAKEVIEW LODGE FOR LOVE 146
Eileen Porter has requested a waiving of the rental fee for Lakeview Lodge for her Yoga Clinic. The funds raised will benefit LOVE 146. Selectman Thornquist moved to waive the fee for this event. Selectman Shea seconded the motion. The vote taken was unanimous.

EQUIPMENT RENTAL FEE BID OPENING
Bids were opened by First Selectwoman Gorski. This equipment will be rented to do drainage work on town roads. Bids were received from the following contractors:

Tim Kraus & Son LLC.
Wyatt J. Crotta Construction LLC
Advanced Paving and Excavating, Inc.
W. R. Grieger Excavation Company Inc.
Mesa Excavation & Paving, Inc

The bids will be reviewed by Alan Green, Highway Foreman. Awarding of the bid will be made at a future Selectmen’s meeting.

ADJOURNMENT
Adjournment was called at 8:10 p.m. after a motion was moved by Selectman Thornquist and seconded Selectman Shea. The vote taken was unanimous.

Respectfully submitted,

June G. Riley
Secretary, Board of Selectmen

Wednesday, September 7, 2011

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, AUGUST 22, 2011 Page 1 of 5

The regular meeting of the Inland Wetlands Commission was called to order at 7:39 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, Vice-Chair, Acting as Chair
Kristine Sullivan, Member
Brian Smith, Member
Roger Hathaway, Member
Lisa Gaw, Member

Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer


ELECTION OF OFFICERS AND APPOINTMENT OF STAFF
Tabled.


APPROVAL OF MINUTES

1. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the June 27, 2011, Regular Meeting.
Voting were: Breslin, Sullivan, Smith.
Unanimous approval.

2. It was moved by Sullivan and seconded by Smith to approve the minutes of the July 25, 2011, Regular Meeting with the following amendment:
Add to New Business – The formal receipt, without discussion, of the following two applications: #1168 – 265 Beacon Road and #1169 – Francis Drive, Anella Drive, Clay Road.
Voting were: Breslin, Sullivan, Smith.
Unanimous approval.

3. It was moved by Sullivan and seconded by Hathaway to approve the minutes of the August 13, 2011, Special Meeting/Site Visit as proposed to be amended.
Voting were: Breslin, Sullivan, Hathaway.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Diversified Technology Consultants dated August 10, 2011, Re: Review of plans for 18 Munson Road, building and parking lot addition.
2. Letter from South Central Connecticut Regional Water Authority, dated August 19, 2011, Re: Comments from review of revised plans dated July 25, 2011, 18 Munson Road.
3. Letter from Connecticut Department of Energy & Environmental Protection to Mary Ellen and Roger Simon of 63 Downs Road, dated August 5, 2011, Re: West River Pond Dam located at 63 Downs Road, Maintenance List.

PUBLICATIONS AND WORKSHOPS

1. Connecticut Federation of Lakes News, July 2011.


BILLS

1. It was moved by Sullivan and seconded by Smith to approve the payment of $75.00 to the Connecticut Association of Conservation and Inland Wetlands Commission, Inc. for the Membership Renewal for the period of July 1, 2011, through June 30, 2012, for two commissions (sustaining). Share with the Conservation Commission.
Unanimous approval.

2. It was moved by Smith and seconded by Sullivan to approve the payment of $1500.00 to the Southwest Conservation District annual contribution for the Budget year 2011-2012 for support of natural resource conservation effort and providing information, education and technical assistance to municipal agents and private landowners of the town.
Unanimous approval.


NEW BUSINESS

1. 46 Mesa Drive, Application #1170 submitted by James Woodward for a five-lot subdivision –

The Commission formally received the application. Present to speak on behalf of this application was Attorney Paul Jessell of Watertown, Connecticut and Mr. Alan Shepard, P.E. of Nowakowski, O’Bymachow and Kane, Shelton, Connecticut. Both men are representing the applicant, Mr. James Woodward, who was also present at the meeting.

Mr. Shepard briefly reviewed the proposed five-lot subdivision. Mr. Shepard stated that their wetlands and environmental consultants reviewing the wetlands crossing have not commented at this time but will be submitting reports.

In discussion, Commission members noted:
That no report was submitted on the impact to the wetlands.
That no alternative plan for crossing the wetlands was submitted.
This project is a significant activity and a public hearing should be scheduled.
That the applicant is responsible for any additional fees for referrals to our experts.

The Commission scheduled a public hearing date for Monday, October 24, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
OLD BUSINESS

1. 18 Munson Road, Application #1166 submitted by RDC Holding LLC for an Inland Wetlands Permit to construct a 7,200 square foot building addition, 95’ by 125’ parking and loading area -

Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicants and owners of record, Robert and Doreen Reed of RDC Holding LLC, who were also present.

The Commission received a letter from Diversified Technology Consultants, dated August 10, 2011, Re: Comments on review of 18 Munson Road, building and parking lot addition.

Also, the Commission received a letter from South Central Connecticut Regional Water Authority, dated August 19, 2011, Re: Comments on review of revised plans dated July 25, 2011, for 18 Munson Road, construction of building addition.

Mr. Garcia submitted and reviewed plans that were revised to July 25, 2011, and reviewed the comments from Diversified Technology Consultants dated August 10, 2011

Isabel Kearns, IWEO, stated the consultant from Diversified Technology Consultants has not visited the site to date and will be submitting a new report after site visit.

Mr. Garcia reviewed the proposed project noting:
· Revised drainage calculations dated August 16, 2011, were submitted to address DTC comments.

In discussion, Commission members noted:
Proposed storm water management and installation should be filed on land records for future reference.
The Commission will be receiving another report from DTC.
The Commission asked the IWEO to obtain clarification of Item #10 in the letter from DTC dated August 10, 2011.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, September 26, 2011. Tabled.

2. 165 Litchfield Turnpike, Application #1167 submitted by James Anderson for an Inland Wetlands Permit to construct a 30’ by 32’ barn/garage, a 24’ by 20’ inground pool and a 15’ by 15’ shed –

Present to speak on behalf of this application was James Anderson, applicant and owner of record.

Commission members discussed and proceeded to deliberate.

It was moved by Sullivan and seconded by Smith to approve Application #1167 submitted by James Anderson for an Inland Wetlands Permit to construct a 30’ by 32’ barn/garage and future construction of a 24’ by 20’ inground pool and accompanying 15’ by 15’ shed in accordance with the submitted plan, untitled, with hand drawn revisions prepared by the applicant, dated June 7, 2011, and is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
The silt fence is to stay in place until the area is stabilized (seeded and loamed).
The silt fence that is shown on the plan is to be renewed at such time that the pool and shed are constructed.

The Commission’s decision was based as shown on the plan and with the distance to the wetlands which are down to the adjoining property and the stone wall that’s in between there should not be any adverse impact to the wetlands.
Voting were: Breslin, Sullivan, Smith, Hathaway, Gaw.
Vote 5 to 0.
Unanimous approval.

3. 265 Beacon Road, Application #1168 submitted by the Town of Bethany to locate a 10’ X 16’ Shed –

The Commission received the application for formal receipt at the July 25, 2011, regular meeting but did not discuss.

The Commission would like more information on this application and would like the Director of Public Works Director present at the next meeting to discuss.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, September 26, 2011. Tabled.

4. Francis Drive, Anella Drive, Clay Road, Application #1169 submitted by the Town of Bethany to improve drainage –

The Commission received the application for formal receipt at the July 25, 2011, regular meeting but did not discuss.

The Commission would like more information on this application and would like the Director of Public Works Director present at the next meeting to discuss.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, September 26, 2011. Tabled.

5. Discussion with Joseph Fedorchuck, Troop 931, regarding Rehabilitation of Brinton’s Grove Veterans’ Memorial Park –

Present for this discussion was Joseph Fedorchuck, Troop 931, Eagle Scout Service Proposal.

Mr. Fedorchuck continued his discussion from the previous regular meeting on the proposed project to rehabilitate Brinton’s Grove and stated he would like to complete the project this fall, if possible or will wait until spring. Mr. Fedorchuck noted the picnic tables will be made out of fir and the fire safety sign will be on a metal stake.

In discussion, Commission members noted:
· Concerned with the fire pit and the trucking of wood on the trail to burn.
· That the area closest to the pond not to be cleaned, leave as natural buffer.
· The benches and cleaning of the area in general is not an issue.
· There is no permit for the fire pit.

It was moved by Sullivan and seconded by Smith that the Inland Wetlands Commission prepare a letter to Mr. Fedorchuck stating that the placement of the picnic tables and the clearing and working on the north side of the access road is approved but the Commission would like to further discuss vegetating the shoreline area and review the fire pit concept.
Unanimous approval.


6. Discussion of Senate Bill No. 859, Public Act No. 11-5 – An Act Extending the Time of Expiration of Certain Land Use Permits – The Commission will need to amend the regulations and would like to wait until there is another amendment pending. This item to be removed from the agenda at this time. Tabled.


ENFORCEMENT OFFICER’S REPORT

Isabel Kearns, Inland Wetlands Enforcement Officer, reported that Kim McClure Brinton Country Companions Veterinary started construction at 116 Old Amity Road.

83 Beacon Road – The Commission asked the IWEO to photograph the runoff at the base of the driveway.


It was moved by Sullivan and seconded by Smith to adjourn the regular meeting at 9:07 p.m. Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
for the Inland Wetlands Commission