Tuesday, December 11, 2018


BOARD OF SELECTMEN        

NOVEMBER 13, 2018

Page 1 of 2

DRAFT

Attendance:  First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Clark Hurlburt

Visitors:  Attorney Kevin McSherry

First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 8:15 p.m.  The meeting was held in the Selectmen’s Conference Room of the Bethany town Hall.

APPROVAL OF MINUTES

First Selectwoman Gorski called for a motion of approval for the minutes of the previous meeting of October 9, 2018.  The motion of approval was moved by Selectman Shea and seconded by Selectman Hurlburt.  First Selectwoman Gorski moved to amend the minutes by adding to the first sentence in the Ordinance for Outdoor Wood Burning Furnaces based on email from Green Hill Road residents.  The amended minutes were then approved on a unanimous vote.

First Selectwoman Gorski called for a motion of approval for the minutes of the special meeting of October 12, 2018.  The motion of approval was moved by Selectmen Hurlburt and seconded by Selectman Shea.  There were no changes to the minutes.  The minutes were then approved on a unanimous vote.

TAX REFUNDS

Selectman Hurlburt moved to refund to Anthony Manciero Jr. the sum of $34.10, to CAB EAST, LLC the sum of $345.13, to CAB EAST, LLC the sum of $226.46, CCAP Auto Lease, LTD the sum of $468.82, to Chimbole J. Pollansky the sum of $40.22, Daimler Trust the sum of $77.38, David or Michelle Dill the sum of $34.32, to Deborah or Matthew Kichar the sum of $42.81, to Derisse Ronel the sum of $35.17, to Elizabeth or Rebecca Thornquist the sum of $16.24, Financial Ser Veh Trust the sum of $446.49, to Francis Lagaipa the sum of $468.63, to Haan Auto Trust the sum of $185.12, to Jeannie Barletta the sum of $91.14, John Ford IV $29.89, to John Mizzone the sum of $4.06, Kathleen Bouffard the sum of $79.33, Levine Hinman the sum of $4.14, Mary Press the sum of $68.63, to Mesa Excavation & Paving, Inc. the sum of $12.21, Nissan Infiniti >AT the sum of $256.93, to Robert Kelly the sum of $6.57, to Ronald Bouffard the sum of $48.34, to Stacy or Anthony Hebert the sum of $12.29, to Stephen Praskievicz the sum of $28.60 and to Thompson Ruqaya the sum of $7.11 all for overpayment of taxes.  Selectman Shea seconded the motion.  The vote taken was unanimous. 

WAIVE FEE FOR USE OF LAKEVIEW LODGE

The Woodbridge Bethany Soccer League requested waiving of the fee for use of Lakeview Lodge for their banquet.  Selectman Hurlburt moved the motion to waive the fee for use of the Lakeview Lodge for a banquet for the Woodbridge Bethany Soccer League.  Selectman Shea seconded the motion.  The vote taken was unanimous.

APPROVAL OF MEETING SCHEDULE

Selectman Hurlburt moved a motion to accept the meeting schedule for the Board of Selectmen for 2019 thru January of 2020.  Selectman Shea seconded the motion.  The vote taken was unanimous.

 

ADJOURNMENT

Adjournment was called at 8:25 p.m. after a motion was moved by Selectman Shea and seconded by Selectman Hurlburt.  The vote taken was unanimous.

 

                                                                                                Respectfully submitted,

                                                                                               

                                                                                                June G. Riley

                                                                                                Secretary, Board of Selectmen

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION SPECIAL MEETING OF TUESDAY, NOVEMBER 20, 2018                                       Page 1 of 6

 

The special meeting of the Inland Wetland Commission was called to order at 7:31 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:

         Kristine Sullivan, Chairman

         Roger Hathaway, Member

         Rob Huxley, Member

         Nancy Scanlon, Member

         Charles Clark, Alternate Member, seated as a voting member

         James Nickle, Alternate Member

 

 

NEW BUSINESS 

 

1)      Show Cause Hearing pertaining to Cease and Desist Order, dated November 13, 2018, issued to Alan Green, Director of Bethany Public Works Department and Paul Crotta, Registered Agent,      Mesa Construction Company for property located at Rural Old Mill Road South of Valley Road, prepared by Isabel Kearns, Inland Wetlands Enforcement Officer

 

The Show Cause Hearing commenced at 7:31 p.m.

 

Robert Huxley, Member, recused himself.

 

Present for this Show Cause Hearing for the property located at Old Mill Road were the following:

o   Alan Green, Director of Bethany Public Works Department

o   Paul Crotta, Registered Agent, Mesa Construction Company

 

Commission members were conducting site visits on November 3, 2018, and noticed disturbance at Old Mill Road and that there was work being done without a permit directly in a wetlands.  Some comments by Commission members were:

·         Ditch appeared to be new.

·         One leak off going into pond and one leak off going into stream.

·         Noticed sediment in stream and roots were displaced.

·         No form of erosion controls in place.

·         If someone from Inland Wetlands was contacted, erosion controls would have been in place.

 

Some comments noted by Alan Green, Director of Public Works Department, were:

·         Doing routine maintenance on road.

·         Received complaint from Whelpley’s of 300 Old Mill Road of potholes in road.

 

 

 

 

 

 

 

Also present was Sharon Huxley of 340 Old Mill Road, who expressed her concerns of the road work.

 

It was moved by Hathaway and seconded by Clark to amend the Cease and Desist Order, dated November 13, 2018, to allow Alan Green, Director of Bethany Public Works Department and Paul Crotta, Registered Agent, Mesa Construction Company to continue and complete the erosion control work (riprap, level spreaders) that was intended for both sides of the road located at rural Old Mill Road, south of Valley Road.

Vote 4 to 0.

Voting for:  Sullivan, Hathaway, Scanlon, Clark.

Unanimous approval.

 

Mr. Green and Mr. Crotta submitted a new Application #1317 for drainage and road improvements.  Chair Sullivan stated when this application is approved next month, December 17, 2018, next regular meeting, the Cease and Desist Order can be lifted.

 

At 8:02 p.m., the Inland Wetlands Commission recessed the Show Cause Hearing and continued it to the next Regular Meeting on Monday, December 17, 2018.

 

 

2)      Show Cause Hearing pertaining to Cease and Desist Order, dated November 13, 2018, issued to Jamie Jarrett for property located at 56 Downs Road, prepared by Isabel Kearns, Inland Wetlands Enforcement Officer

 

The Show Cause Hearing started at 8:03 p.m.

 

Present for this Show Cause Hearing for the property located at 56 Downs Road was Jamie Jarrett, owner of 56 Downs Road.

 

Some comments noted by Jamie Jarrett were:

·         Trying to stop people from parking on my property.

·         Piece of property unusual and used for parking and for jeeps trespassing.

·         Regional Water Authority property behind my property.

 

Some comments by Commission members were:

·         This portion not within Commission’s regulatory authority.

·         Other work being conducted on property near wetlands and need to check for building permit for barn being constructed.

·         Would like to visit the site.

 

 

 

 

 

 

 

 

 

 

It was moved by Huxley and seconded by Hathaway to lift part of the Cease and Desist Order, dated November 13, 2018, issued to Jamie Jarrett for property located at 56 Downs Road to lift the order as it pertains to the southeasterly piece of Brooks Road next to the entrance to Lake Watrous.

Vote 5 to 0.

Voting for:  Sullivan, Hathaway, Huxley, Scanlon, Clark.

Unanimous approval.

 

 

At 8:20 p.m., the Inland Wetlands Commission recessed the Show Cause Hearing and continued it to the next Regular Meeting on Monday, December 17, 2018.

 

 

3)      Discussion with Susan March of 285 Sperry Road regarding location of shed for goats and the Farm Service Agency of the State of Connecticut  Tabled.

 

 

4)      OLD MILL ROAD, Application #1317 submitted by the Town of Bethany for an IW Permit for drainage and road improvements

 

Robert Huxley, Member, recused himself.

 

The Commission formally received the application.  Present to speak on behalf of this application was Paul Crotta, Registered Agent, Mesa Construction Company.

 

Commission reviewed and discussed the plan submitted by Mr. Crotta, dated November 7, 2018. 

 

Further discussion and appropriate action on the application was deferred until the

Commission’s next regular meeting adjourned to Monday, December 17, 2018.  Tabled.

 

 

5)      CARRINGTON ROAD (FROM VALLEY TO TUTTLE), Application #1318 submitted by Town of Bethany for an IW Permit for drainage improvements

 

The Commission formally received the application.  Present to speak on behalf of this application was Paul Crotta, Registered Agent, Mesa Construction Company

 

Commission reviewed and discussed the plan submitted by Mr. Crotta, dated November 9, 2018. 

 

Commission members would like to conduct a site visit.

 

Further discussion and appropriate action on the application was deferred until the

Commission’s next regular meeting adjourned to Monday, December 17, 2018.  Tabled.

 

 

 

 

 

 

OLD BUSINESS

1.      53 VIRGINIA RAIL DRIVE, Application #1315 submitted by Timothy O’Connor for an IW Permit for a residential site development

 

Present to speak on behalf of this application was Timothy O’Connor, applicant.

 

Commission members discussed findings from November 3, 2018, site visit; property very boney and there will be no burying of stumps or rocks allowed.

 

Commission members discussed and proceeded to deliberate.  It was moved by Huxley and seconded by Scanlon to approve Application #1315 submitted by Timothy O’Connor for an Inland Wetlands Permit for a residential site development for the property located at 53 Virginia Rail Drive, as presented in the application, testimony and in accordance with the following submitted plans prepared By Nowakowski, O’Bymachow, Kane, Associates, Shelton, Connecticut:

a)      “Overall Site Plan – Lot 8 Revised Resubdivision of Land Owned by Bethford Associates”, dated August 8, 2018, revised to September 26, 2018.

b)      “Site Plan – Lot 8 – Rev. Subdivision for Land Owned by Bethford Associates”, dated February 20, 2018, September 26, 2018.

 

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:

a)      Applicant shall comply with the recommendations from the South Central Connecticut Regional Water Authority in a letter dated October 17, 2018.

b)      There shall be no burying of any materials on site, such as, stumps and rocks.

 

This approval is based on the conditions listed and that if the applicant follows the plan as shown there should be minimal or no adverse impact to the wetlands. 

Vote 5 to 0.

Voting for:  Sullivan, Scanlon, Hathaway, Huxley, Clark.

Unanimous approval.

 

2.      74 TUTTLE COURT, Application #1316 submitted by Pamela Ford for an IW Permit to install an above ground pool

 

No one was present for this application.  The Commission received pool filter information as requested and filter is acceptable.

 

Commission members discussed and proceeded to deliberate.  It was moved by Clark and seconded Huxley to approve Application #1316 submitted by Pamela and David Ford for an Inland Wetlands Permit to install an aboveground pool located at 74 Tuttle Court as presented in the application, testimony and in accordance with the submitted plan, untitled prepared by the applicant, submitted on October 15, 2018, and in addition to the following condition including the standard conditions found on the Land Records, Volume 93, Page 802 and Page 803:

a)      If the pool should be emptied, water from the pool shall not be released on the site and must be taken offsite.

 

 

 

 

 

This approval is based on the condition listed and that if the applicant follows the plan as shown there should be minimal or no adverse impact to the wetlands. 

Vote 5 to 0.

Voting for:  Sullivan, Scanlon, Hathaway, Huxley, Clark.

Unanimous approval.

 

 

APPROVAL OF MINUTES

 

1)      It was moved by Huxley and seconded by Scanlon to approve, as submitted, the minutes of the October 22, 2018, Regular Meeting.

Voting for:  Sullivan, Hathaway, Huxley, Scanlon, Clark.

Unanimous approval.

 

2)      It was moved by Huxley and seconded by Clark to approve, as submitted, the minutes of the November 3, 2018, Special Meeting/Site Visit.

Voting for:  Sullivan, Hathaway, Huxley, Scanlon, Clark.

Unanimous approval.

 

 

CORRESPONDENCE

 

1)      Cease and Desist Order, dated November 13, 2018, issued to Alan Green, Director of Bethany Public Works Department and Paul Crotta, Registered Agent, Mesa Construction Company, for road drainage work located at rural Old Mill Road, south of Valley Road, issued by Isabel Kearns, Inland Wetlands Enforcement Officer.

2)      Cease and Desist Order, dated November 13, 2018, issued to Jamie Jarrett for road stockpiling and earth disturbance located at 56 Downs Road, issued by Isabel Kearns, Inland Wetlands Enforcement Officer.

3)      Letter from Isabel Kearns, ZEO to Peter Latronica of 39 Round Hill Road, dated   October 25, 2018, Re:  Cutting of trees within 150 feet of a wetland or watercourse.

 

 

SCHEDULE SITE VISIT

The Commission scheduled a site visit for Saturday, December 1, 2018.  Members to meet at the Town Hall parking lot for 8:30 a.m.  Sites to be visited are as follows:

·         Carrington Road (from Valley to Tuttle)

·         56 Downs Road

 

 

 

OTHER BUSINESS

Chair Sullivan prepared a draft Meeting Schedule for 2019 for the Commission.  Commission members will review and discuss at next regular meeting on December 17, 2018.

 

 

 

 

 

 

ADJOURNMENT

 

 

There being no further business to come before the Commission, it was moved by Scanlon and seconded by Huxley to adjourn the regular meeting at 9:14 p.m.

Voting for:  Sullivan, Hathaway, Smith, Scanlon, Huxley.

Unanimous approval.

 

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For Inland Wetlands Commission

Friday, November 9, 2018


BOARD OF SELECTMEN

SPECIAL MEETING               

OCTOBER 12, 2018

Page 1 of 1

 

DRAFT

 

Attendance:       First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Clark Hurlburt

 

 

CALL TO ORDER

 

First Selectwoman Gorski called the meeting to order at 4:02 p.m.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.

 

 SET DATE FOR SPECIAL TOWN MEETING

First Selectwoman Gorski called for a motion to set a date for a Special Town Meeting.  Following discussion Selectman Hurlburt moved to set the date and approve the agenda for a Special Town Meeting to be held October 22, 2018 at 7:00 p.m. for the purpose of considering the adoption of an ordinance as part of Code of the Town of Bethany Chapter 169 and to add 169-1 -169-4 also.  Selectman Shea seconded the motion.  The vote taken was unanimous. 

 

ADJOURNMENT

 

First Selectwoman Gorski called   for a motion of adjournment.  The motion was moved by Selectman Shea to adjourn the meeting.  Selectman Hurlburt seconded the motion.  The vote was called.  The vote was unanimous for adjournment at 4:10 p.m.

 

                                                                        Respectfully submitted,

 

                                                                                                June G. Riley

                                                                                                Secretary, Board of Selectmen