Tuesday, November 13, 2012

BOARD OF SELECTMEN


OCTOBER 22, 2012

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



First Selectwoman Gorski called the meeting to order at 7:40 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The signing of payroll checks and accounts payable checks was the first order of business.



APPROVAL OF MINUTES

First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of October 8, 2012. The motion of approval was moved by Selectman Thornquist and seconded by Selectman Shea. There were no changes to the minutes of the previous meeting. The vote taken was unanimous.



TAX REFUNDS

Selectman Shea moved to refund to CMAC-MN the sum of $642.85 and to Honda Lease Trust the sum of $898.93 all for overpayment of taxes. Selectman Thornquist seconded the motion. The vote taken was unanimous.



APPOINTMENT TO QVHD

Selectman Shea moved to appoint Carol Goldberg and Andre Sofair to another term as Bethany’s representative on the Board of QVHD. Selectman Thornquist seconded the motion. The vote taken was unanimous.



CONSERVATION COMMISSION

Selectman Shea moved to appoint Audrey Eisenstadt and Bruce Loomis to another term on the Conservation Commission. Selectman Thornquist seconded the motion. The vote taken was unanimous.



AMITY REGIONAL HIGH SCHOOL

First Selectwoman Gorski reports that Amity will be choosing an RFP Consultant to study declining enrollment, building conditions and the possibility of regionalizing the entire school system. A meeting on December 5, 2012 will be held in which the First Selectmen of the three towns and school officials will meet to discuss this matter.



EXECUTIVE SESSION TO DISCUSS REAL ESTATE, LAND ACQUISITION OR CONTRACTS

At 7:45 p.m. Selectman Thornquist moved to go into executive session to discuss Real Estate, Land Acquisition or Contracts. Selectman Shea seconded the motion. The vote taken was unanimous. At 8:55 p.m. Selectman Shea moved to exit the executive session. Selectman Thornquist seconded the motion. The vote taken was unanimous.



Selectman Shea moved a motion to authorize First Selectwoman Gorski to sign the Successor Agreement between the Town of Bethany and local 1303 AFSCME Union contract of the Bethany High Department. Selectman Thornquist seconded the motion. The vote taken was unanimous.



ADJOURNMENT

Adjournment was called at 8:00 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

MINUTES OF THE SPECIAL MEETING OF THE BETHANY PLANNING AND ZONING COMMISSION ON WEDNESDAY, OCTOBER 24, 2012                           Page 1 of 2


The Special Meeting of the Planning and Zoning Commission was called to order at 7:07 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.



The following Commission Members were present:

Melissa Spear, Chair,

Mary Shurtleff, Vice-Chair

Patricia Winer, Member

Kimberly McClure Brinton, Member

Michael Calhoun, Member



The following Commission Members were absent or excused:

Nellie Rabinowitz, Alternate Member

Donna Shea, Alternate Member



Also present were:

Isabel Kearns, Zoning Enforcement Officer

Hiram Peck, Planning Consultant





Agenda

• Discussion regarding Village Districts.

• Discussion and possible action to set public hearing date regarding proposed amendments to the Zoning Regulations on accessory buildings, signage for larger parcels, home occupation permits, etc.





Hiram Peck, Planning Consultant, prepared and distributed handouts to Commission members entitled as follows:

• Draft Design Advisory Board.

• Proposed Zoning Regulation Amendments – Section 4 – Residential Zones, Uses & Regulations – April 2, 2012 – Revised October 20, 2012.

• Definition of “primary structure” and “accessory use”.

• Wording for consideration for Zoning Regulation Revisions, dated June 29, 2012.

• Digital Mapping Data Submission Requirements, dated June 29, 2012.

• Sign types (for consideration in future), dated July 10, 2011.



Some topics that were discussed:

• Village districts (walkable). Mr. Peck will gather some examples for December regular meeting.

• Low Impact Development Standards.

• Definitions for barn, boarding stable, indoor riding arena.

• Regulation limiting the number of animals (cows, horses, goats, etc.) allowed by property size. Member Brinton will gather information pertaining to this.

• Illegal signs in Town.



Commission members will review all handouts and prepare comments.









The Commission received a letter from Rod White, Fire Marshal, dated October 24, 2012, Re: Proposed Zoning Amendments regarding fire suppression. Isabel Kearns, ZEO, will work with Mr. White to prepare amendments in a format for the zoning regulations.



The Commission will schedule another special meeting at a future date to continue discussions.



The meeting was adjourned at 8:28 p.m.



Respectfully submitted,





Antonia Marek, Clerk

For the Planning and Zoning Commission



Board of Finance


October 23, 2012

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Attendance: Chairman Janet Brunwin, Chip Spear, John Grabowski, Aileen Magda, Robert Brinton Jr.

First Selectwoman Derrylyn Gorski



Chairman Brunwin called the meeting of the Board of Finance to order at 7:05 p.m. The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.



APPROVAL OF MINUTES

Chairman Brunwin called for a motion of approval for the minutes of the meeting of September 11, 2012. The motion was moved by Chip Spear and seconded by Chairman Brunwin. There were no changes to the minutes. The vote was called. The vote was unanimous.



Chairman Brunwin called for a motion of approval for the minutes of the special meeting of October 5, 2012. The motion was moved by Aileen Magda and seconded by Chip Spear. There were no changes to the minutes. The vote was called. There were 5 yes votes and 1 abstention that of John Grabowski as he was absent from that meeting.



CHAIRMAN’S REPORT

Chairman Brunwin reports that as of October 1, 2012 the enrollment at Amity for Bethany students is lower than the previous year. Enrollment is at 19.8% or .8% lower than last year. It had been estimated that the surplus for fiscal year 2012-13 could be $175,000, however because of changes in State grants this number has now been reduced to $119,000 at this time. A portion of the surplus for fiscal year 2011-12 will be used to purchase the black box theater and the balance will then be returned to the towns.



ELEMENTARY SCHOOL

There is no surplus in the budget of the Bethany Board of Education for fiscal year 2011-12. The anticipated surplus had to pay unexpected expenses for a Special Education student.



The replacement hired to fill the vacancy left by the retirement of Betty Quinn has resigned. Betty has been called back until another replacement can hired and trained.



FIRST SELECTWOMAN’S REPORT

Tax Collector David Forman has informed First Selectwoman Gorski that a foreclosure is in progress for a trailer in Garden Homes Mobile Park. When complete the town will receive the proceeds of the sale for back taxes.



The auditors have finished their field work for the 2011-12 audit. The pre-audit figures show that there is a significant surplus.



An open discussion took place regarding the hiring of Michael Batista, as an employee, to come in each month to do regular bank reconciliation and any other necessary financial advisory work throughout the year. The Selectmen’s budget for fiscal year 2012-13 already has a $6,000 allotment for such work.



First Selectwoman Gorski reports that a meeting date of December 5, 2012 has been set for all the First Selectmen of Orange, Woodbridge and Bethany and school officials to discuss the hiring of an RFP Consultant for the Amity School system. This meeting will discuss the hiring of such an individual who would do an expanded study of the benefits if any of regionalization of the BOW school system.



First Selectwoman Gorski reported that the Union Contract between the employees of the Highway Department and the Town of Bethany has been signed. The employees will receive a 3% salary increase in fiscal year 2012-13 and a 2% increase each year for the following two years.



The University of New Haven office relocation study for Bethany Town Hall will begin soon. The study is being conducted by students from the engineering studies department.



ADJOURNMENT

Adjournment was called at 8:00 p.m. after a motion was moved by John Grabowski and seconded by Aileen Magda. The vote taken was unanimous.





Respectfully submitted,





June G. Riley

Clerk, Board of Finance









MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, OCTOBER 22, 2012                                                  Page 1 of 5

The regular meeting of the Inland Wetlands Commission was called to order at 7:33 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.




The following members of the Commission were present:

Alexandra Breslin, Chair

Kristine Sullivan, Vice-Chair

Lisa Gaw, Member

Roger Hathaway, Member



The following member of the Commission was absent:

Brian Smith, Member



Also present was:

Isabel Kearns, Inland Wetlands Enforcement Officer





APPROVAL OF MINUTES



1. It was moved by Sullivan and seconded by Hathaway to approve, as submitted, the minutes of the June 25, 2012, Regular Meeting.

Voting were: Breslin, Sullivan, Hathaway.

Gaw abstained as she was not present at meeting.

Unanimous approval.



2. It was moved by Sullivan and seconded by Hathaway to approve, as submitted, the minutes of the July 16, 2012, Special Meeting.

Voting were: Breslin, Sullivan, Hathaway.

Gaw abstained as she was not present at meeting.

Unanimous approval.



3. It was moved by Gaw and seconded by Sullivan to approve, as submitted, the minutes of the September 24, 2012, Regular Meeting.

Voting were: Breslin, Sullivan, Gaw.

Hathaway abstained as he was not present at meeting.

Unanimous approval.



4. It was moved by Sullivan and seconded by Hathaway to approve, as submitted, the minutes of the October 14, 2012, Special Meeting.

Voting were: Breslin, Sullivan, Gaw, Hathaway.

Unanimous approval.





GENERAL CORRESPONDENCE



1. Letter of consent to extension of time from First Selectman Gorski, dated October 16, 2012, Re: Application #1191, requesting 35 day extension to act on application for Town of Bethany, various road work.

2. Letter from South Central Connecticut Regional Water Authority, dated October 18, 2012, Re: Review comments on Application #1192, Peck Road culvert replacement.

3. Letter from John Paul Garcia, dated October 8, 2012, Re: 615 Bethmour Road, Lot Split.

4. Memo from Isabel Kearns, IWEO, submitted October 2, 2012, Re: Chronology of Events for 187 Beacon Road.



PUBLICATIONS AND WORKSHOPS



1. Connecticut Association of Conservation and Inland Wetlands Commissions, 35th Annual Meeting and Environmental Conference on Saturday, November 17, 2012, at Four Points by Sheraton in Meriden, Connecticut.

2. Soil and Water, Southwest Conservation District Newsletter, Fall 2012.

3. 2012 Municipal Inland Wetland Commissioners Training Program, Segment 3.



NEW BUSINESS



1. 88 BEACON ROAD (Albers Foundation), Discussion regarding construction of new building –



Present for this discussion was Hunter Smith of Hunter Smith Associates, Architects, from Hamden, Connecticut. Mr. Smith presented the proposed project to develop an additional building which would be used to store the furniture that Josef Albers designed. Mr. Smith submitted a plan entitled, “As-Built Site Plan”, submitted October 22, 2012, with hand-drawn markings, showing the proposed building and the location of the upland review area. Mr. Smith stated he is asking the Inland Wetlands Commission if a formal application would be required.



Commission members reviewed the proposed plan, discussed and proceeded to deliberate.

It was moved by Sullivan and seconded by Gaw that the Inland Wetlands Commission, after review of the plans, determined there is no need for a formal application to the Agency for the proposed utility building based on the fact there will be no adverse impact to the wetlands giving the distance between the proposed building and the wetlands located at 88 Beacon Road.

Voting: Breslin, Sullivan, Gaw, Hathaway.

Unanimous approval.





OLD BUSINESS



1. Frances Drive, Tawney Drive cul-de-sac, Knollwood Road, Bethridge Road and Bethmour Road from Woodbridge to Bethany Farms and from Pole Hill Road to Luke Hill Road, Application #1191 submitted by the Town of Bethany to remove and replace catch basins and pipe, reclaim and pave roads –



No one present for this application. The Commission received a letter of consent to extension of time from First Selectman Gorski, dated October 16, 2012, Re: Application #1191, requesting 35 day extension to act on application.



Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 26, 2012. Tabled.



2. 40 PECK ROAD, Application #1192 submitted by the Town of Bethany for an Inland Wetlands Permit to replace damaged culvert pipe under Peck Pond –



Present to speak on behalf of this application was Paul Crotta, of Mesa Construction, representing the Town.



The Commission received a letter from South Central Connecticut Regional Water Authority, dated October 18, 2012, Re: Review comments on Application #1192, Peck Road culvert replacement.



Mr. Crotta stated that Alan Green, Public Works Director, would like the Regional Water Authority to remove sediment from the pond to lower water table first before culvert replacement is started.



Commission members discussed and proceeded to deliberate.

It was moved by Sullivan and seconded by Hathaway to approve Application #1192 submitted by the Town of Bethany for an Inland Wetland Permit for a culvert replacement only located under 40 Peck Road (Peck Pond) as presented in the application, statement of use and testimony and in accordance with the submitted plan entitled, “Town of Bethany, Peck Pond Drainage Project”, dated September 11, 2012, with no revisions, prepared by Mesa Excavation & Paving, Inc., Bethany, Connecticut and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.

Voting: Breslin, Sullivan, Hathaway.

Unanimous approval.





3. 615 BETHMOUR ROAD, Application #1193 submitted by Robert and Ellen Coe for an Inland Wetlands Permit for a residential site development –



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



Mr. Garcia submitted revised plans dated to October 1, 2012, and a letter from the Quinnipiack Valley Health District, dated October 5, 2012, Re: Review comments on development of a two-lot residential subdivision located a 615 Bethmour Road.



Commission members discussed and proceeded to deliberate.



It was moved by Sullivan and seconded by Gaw to approve Application #1193 submitted by Robert F. and Ellen G. Coe for an Inland Wetland Permit for the creation of a rear lot (Lot #2) in accordance with the submitted plans prepared by John Paul Garcia and Associates, Bethany, Connecticut, entitled as follows:

a) “Proposed Split Map”, dated July 25, 2012, revised to October 1, 2012, Drawing No. C-1.

b) “Site Development Plan”, dated July 25, 2012, revised to October 1, 2012, Drawing No. C-2.

c) “Site Development Plan”, dated July 25, 2012, revised to October 1, 2012, Drawing No. C-3.

d) “Typical Details”, dated July 25, 2012, revised to October 1, 2012, Drawing No. C-4.



In addition, this permit is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:

1) Field location of the conservation signs to be checked and inspected by the Inland Wetlands Enforcement Officer.

2) If the site plan is to deviate from the footprint or location of the driveway in the development of Lot #2, the applicant shall resubmit to the Inland Wetlands Commission for review and for any necessary approvals.

Based on these conditions there should be minimal or no adverse impact on the onsite or adjoining wetlands.

Voting: Breslin, Sullivan, Gaw, Hathaway.

Unanimous approval.





4. 50 HUNTERS TRAIL, Discussion regarding re-build of collapsed riding arena –



Commission members reviewed existing maps on file in the Inland Wetlands Commission office, discussed and proceeded to deliberate.



It was moved by Sullivan and seconded by Hathaway that the Inland Wetlands Commission, after review of the plans for the reconstruction of the barn that collapsed, determined that no formal action by the Agency for the rebuilding of the collapsed stable and riding arena is necessary based on the review of the existing maps for that area in the Inland Wetlands Commission files.

Voting: Breslin, Sullivan, Gaw, Hathaway.

Unanimous approval.





5. 185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn –



No one was present for discussion.



Some comments made by the Commission were:

• Applicant should submit an application to remove and restore the wetland area that was filled illegally.

• Runoff goes down to Buchter’s Pond (181 Beacon Road) and can be creating a problem for them and Veteran’s Park (265 Beacon Road).

• No notice of violation in place from the Inland Wetlands Commission.

• Riding stable is not an approved use.

• Member Sullivan to contact Roman Mrozinski of the Southwest Conservation District Service to meet at the site.

• IWEO to communicate to Mr. Cusano what the Commission is doing and that the Commission will be working with him.

Tabled.





6. Continuation of Show Cause Hearing regarding Town of Bethany drainage repairs conducted in a regulated area without an Inland Wetlands Permit – Tabled.





7. Update on appeal submitted by James Woodward for 46 Mesa Drive – Tabled.





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





ADJOURNMENT



There being no further business to come before the Commission, it was moved by Sullivan and seconded by Gaw to adjourn the regular meeting at 8:48 p.m. Unanimous approval.



Respectfully submitted,







Antonia R. Marek, Clerk

for the Inland Wetlands Commission