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

 

 

BOARD OF SELECTMEN

OCTOBER 9, 2018

Page 1 of 1

 

 

 DRAFT

Attendance:  First Selectwoman Derrylyn Gorski, Selectman Donald Shea

First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:40 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 approval of the minutes of September 24, 2018.  The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski.  The vote taken was unanimous for approval without change.

APPOINTMENT TO GREATER NEW HAVEN TRANSIT DISTRICT

Selectman Don Shea moved to re-appoint Lee Grannis to be Bethany’s representative to the Greater New Haven Transit District.  First Selectwoman Gorski seconded the motion.  The vote taken was unanimous.

ORDINANCE FOR OUTDOOR WOOD BURNING FURNACES

The Selectmen discussed the creation of an ordinance to regulate the use of outdoor wood burning furnaces.  Town Counsel will have to draft an ordinance and a special Town Meeting will have to be called to address this matter.

ADJOURNMENT

Adjournment was called at 7:50 p.m. after a motion was moved by Selectman Shea and seconded by First Selectwoman Gorski.  The vote taken was unanimous.

 

                                                                                                Respectfully submitted,

 

                                                                                                June G. Riley

                                                                                                Secretary, Board of Selectmen

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, OCTOBER 22, 2018                                       Page 1 of 5

The regular meeting of the Inland Wetland Commission was called to order at 7:36 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

 

 

The Commission received an email from Member Brian Smith, Vice-Chairman, dated October 22, 2018, pertaining to his resignation from the Inland Wetlands Commission.

 

It was moved by Sullivan and seconded by Clark to extend a letter to Member Smith of appreciation for all his talent, comradery, guidance and skills he shared with us on the Inland Wetlands Commission for 9 years.  He brought all his experience and knowledge to the table and shared with the Inland Wetlands Commission which is greatly appreciated.  He will be greatly missed.

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

Unanimous approval.

 

 

NEW BUSINESS 

 

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

 

The Commission formally received the application.  Present to speak on behalf of this application was Timothy O’Connor and Gale Ridge, applicants.

 

Commission members reviewed the proposed site plan.  The Commission would like to conduct a site visit and asked the applicant to stake the corners of the house, center of the driveway, where septic will be located, and two ends where the infiltrator system will be located.

 

Mr. O’Connor asked if he would be able to start cutting trees.  It was the consensus of the Commission to allow limited access to cut trees without erosion controls being placed due to the slope on the subject property.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, November 26, 2018.  Tabled.

 

 

 

 

 

 

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

 

The Commission formally received the application.  Present to speak on behalf of this application was David Ford, owner of record and applicant.

 

The Commission asked Mr. Ford for information on what type of filter will be installed for pool.  Mr. Ford will submit information to Commission as soon as possible.  Also, Mr. Ford stated the pool will not be installed until spring 2019.

 

The Commission would like to conduct a site visit.  Mr. Ford stated the pool is staked out.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, November 26, 2018.  Tabled.

 

OLD BUSINESS

 

1)      68 HOPP BROOK ROAD, Application #1309 submitted by the Adam Lieder for an IW Permit to stabilize bank, plant grass and deck

 

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

 

The Commission received a letter from Diversified Technology Consultants, dated     October 16, 2018, with recommendations.  Commission members discussed and proceeded to deliberate.

 

It was moved by Hathaway and seconded by Huxley to approve Inland Wetlands Application #1309 submitted by Adam Lieder for an IW permit to stabilize bank, plant grass and deck located at 68 Hopp Brook Road as presented in the application, testimony and in accordance with the hand drawn submitted plan, dated August 17, 2018, prepared by the applicant.

 

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

1.      Based on the recommendations of Diversified Technology Consultants included in a letter dated October 16, 2018, the applicant shall follow these recommendations which includes a Spring 2019 inspection to judge the stability of the planting on the slope and the slope itself and the burying of the pipe properly that discharges to the wetlands including the installation of a plunge pool at the end of the pipe to dissipate the flow.

2.      In addition to the Minimum Application Fee that has been paid, the applicant shall pay an additional $385.00 to cover the costs associated with the outside consulting services used by the Commission in processing the application.  The permit will not be issued if payment is not made.

  1. This approval is contingent upon a bond being placed prior and the amount of said bond shall be approved by Diversified Technology Consultants and shall be in a form acceptable to Town Counsel.

 

 

 

 

 

This approval is based on the fact that by following the recommendations of Diversified Technology Consultants there will be minimal or no adverse impact to the wetlands.   

Vote 5 to 0.

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

Unanimous approval.

 

2)      63 DOWNS ROAD, Application #1314 submitted by Roger and Mary Ellen Simon for an IW Permit for the replacement of the bridge across the spillway

 

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

 

Chair Sullivan stated this application is to reinstate IW Permit #1187 that has expired for the replacement of the bridge in 2012.

 

It was moved by Huxley and seconded by Clark to approve Inland Wetlands Application #1314 submitted by Roger and Mary Ellen Simon for an IW Permit for the replacement of the bridge across the spillway located at 63 Downs Road as presented in the application, testimony and in accordance with the three sketches prepared by Roger Simon submitted September 4, 2018.

 

And with the following conditions in addition to the standard conditions found on the Land Records, Volume 93, Page 802 and Page 803:

  1. The existing concrete pad shall be removed from the site and will not be broken up in the area.
  2. The timing of the building of the concrete abutment walls to be field and weather checked by the Inland Wetlands Enforcement Officer so that the work is completed in dry conditions.
  3. Washing of any concrete machinery shall not be done in any proximity to the watercourse/wetlands.
  4. Compliance with conditions 1 through 3 listed in a letter from South Central Connecticut Regional Water Authority to Isabel Kearns dated September 17, 2018.
  5. Any proposed work on the haul road will be subject to a permit modification.

 

The Commission’s decision was based on the fact that if all the conditions of this permit are adhered to there should be no disturbance to the onsite watercourse/wetlands.

Vote 5 to 0.

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

Unanimous approval.

 

APPROVAL OF MINUTES

 

1)      It was moved by Clark and seconded by Huxley to approve, as amended, the minutes of the September 17, 2018, Special Meeting.

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

Unanimous approval.

 

 

 

 

 

 

CORRESPONDENCE

 

1)      Email from Member Brian Smith, dated October 22, 2018, Re:  Resignation from the Inland Wetlands Commission.

2)      Letter from South Central Connecticut Regional Water Authority, dated October 17, 2018, Re:  Comments on review of IW Application #1315 for 53 Virginia Rail Drive, single family residence.

3)      Letter from Diversified Technology Consultants, dated October 16, 2018, Re:  Comments on review of IW Application #1309 for 68 Hopp Brook Road.

 

PUBLICATION

 

1)      Connecticut Wildlife, July/August 2018.

2)      The Habitat, Fall 2018.

 

 

SCHEDULE SITE VISIT

The Commission scheduled a site visit for Saturday, November 3, 2018.  Members to meet at the Town Hall parking lot for 8:30 a.m.  Sites to be visited are as follows:

·         53 Virginia Rail Drive

·         74 Tuttle Court

 

OTHER BUSINESS

Isabel Kearns, Inland Wetlands Enforcement Officer, reported on tree cutting at 11 Round Hill Road, Latronica.  IWEO will send courtesy letter referencing if cutting trees near wetlands you will need to come to the Inland Wetlands Commission.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Huxley       and seconded by Scanlon to adjourn the regular meeting at 8:23 p.m.

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

Unanimous approval.

 

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For Inland Wetlands Commission

 

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF OCTOBER 3, 2018                                     Page 1 of 7

 

 

The regular meeting of the Planning and Zoning Commission was called to order at          7:05 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

The following Commission Members were present:

            Kimberly McClure Brinton, Chair

            Michael Calhoun, Vice-Chair

            Donna Shea, Member/Secretary

            Bob Harrison, Member

            Alex Hutchinson, Member

Brad Buchta, Alternate Member

Carol Lambiase, Alternate Member

            Eric McDonald, Alternate Member

 

Also present were:

            Hiram Peck, Planning Consultant

            Isabel Kearns, Zoning Enforcement Officer

            Kevin McSherry, Town Attorney

  

 

APPROVAL OF MINUTES              

          

1.      It was moved by Calhoun and seconded by Shea to approve, as submitted, the minutes of the September 5, 2018, Regular Meeting.

Voting for:  Brinton, Calhoun, Harrison, Hutchinson, Shea.

Unanimous approval.

 

 

BILLS

 

1.      It was moved by Calhoun and seconded by Harrison to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for September 2018, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for:  Brinton, Calhoun, Harrison, Hutchinson, Shea.

Unanimous approval.

 

2.      It was moved by Hutchinson and seconded by Calhoun to approve the payment of a bill for $125.00, dated for October 3, 2018; from Anne Sohon for recording services for the public hearing (58 Old Amity Road).

Voting for:  Brinton, Calhoun, Harrison, Hutchinson, Shea.

Unanimous approval.

 

 

 

 

 

 

 

 

 

 

GENERAL CORRESPONDENCE

 

1)      Letter from Romolo Santilli, Project Manager, PAC Group LLC, dated September 25, 2018, Re:  Rocky Corner Project, rock crusher and soil screener.

2)      Letter from Ronald Walters of South Central Connecticut Regional Water Authority, dated September 19, 2018, Re:  Rocky Corner processing activities. 

3)      Letter from Ronald Walters of South Central Connecticut Regional Water Authority, dated September 21, 2018, Re:  Rocky Corner processing activities. 

4)      Letter from Ronald Walters of South Central Connecticut Regional Water Authority, dated September 26, 2018, Re:  Rocky Corner processing activities. 

5)      Letter from James W. Woodward, owner of Mesa Drive, dated September 17, 2018, Re:  Mesa Drive, 5 Hydrants and a Water Retention Pond.  The Commission forwarded this letter to Town Attorney for review.  Attorney McSherry will report back to the Commission.

6)      Memo from Beacon Falls Town Hall, Clerk for P&Z Commission, submitted    September 24, 2018, Re:  Town of Beacon Falls Public Hearing on proposed amendment to Section 71.3 Notice to Abutters of the Zoning Regulations.

7)      Letter from Isabel Kearns, ZEO, to Zhang Yan and Nengyin Liu of 25 Sabrina Drive, dated September 17, 2018, Re:  Possible Zoning Violation Re:  Boarding House.

8)      Letter from Isabel Kearns, ZEO, to Zhang Yan and Nengyin Liu of 25 Sabrina Drive, dated September 17, 2018, Re:  Planning & Zoning Commission Meeting – November 7, 2018.

9)      Letter from some residents of Sabrina Drive, dated October 2, 2018, Re:  25 Sabrina Drive, Zoning Violation, room renting establishment.

Present to discuss this possible violation was Alfred Floramo of 35 Sabrina Drive.  Mr. Floramo expressed his concerns regarding the room renting establishment. 

 

Isabel Kearns, ZEO, stated she has issued a letter to the owners of 25 Sabrina Drive requesting their attendance at the November 7, 2018, Regular Meeting to discuss this possible violation.

 

 

PUBLICATION

 

1.       Connecticut Water, In Your Community News, September 2018.

 

 

PUBLIC HEARING

 

·         58 Old Amity Road, Application #2018-021 submitted by Green Haven for a Special Exception Permit to allow rock crushing and screening

 

At 7:16 p.m., Chair Brinton called the public hearing to order.   Roll call was taken.  Chair Brinton read the legal notice for the public hearing that was published in the New Haven Register.

 

 

 

 

 

 

 

Present to speak on behalf of this application was Romolo Santilli, Project Manager, of PAC Group LLC, representing the applicant.  Mr. Santilli reviewed the proposal for the rock crushing due to the amount of rock that has been uncovered.  Mr. Santilli stated the rock will be processed and used on site.

 

Also, Mr. Santilli stated that they have addressed the concerns of the South Central Connecticut Regional Water Authority and also, that there will be no blasting.

 

Chair Brinton noted that the Commission has received the following items relative to the subject application.  Exhibit identification was assigned as noted:

A.    Exhibit 1A – Letter from Romolo Santilli, Project Manager, PAC Group LLC, dated September 25, 2018, Re:  Rocky Corner Project, rock crusher and soil screener.

B.     Exhibit 1B - Letter from Ronald Walters of South Central Connecticut Regional Water Authority, dated September 19, 2018, Re:  Rocky Corner processing activities.

C.     Exhibit 1C - Letter from Ronald Walters of South Central Connecticut Regional Water Authority, dated September 21, 2018, Re:  Rocky Corner processing activities.

D.    Exhibit 1D - Letter from Ronald Walters of South Central Connecticut Regional Water Authority, dated September 26, 2018, Re:  Rocky Corner processing activities.

 

Chair Brinton asked if anyone from the public would like to speak in favor of the application or against the application.  There were no comments.

 

At 7:35 p.m., it was moved by Calhoun and seconded by Shea to close the public hearing on the subject application. 

Voting for:  Brinton, Calhoun, Harrison, Hutchinson, Shea.

Unanimous approval.                                                                                                                                                               

 

 

NEW BUSINESS

 

1)      Discussion with Jack Ellison of 55 Green Hill Road regarding outdoor wood burning furnaces

 

Present for this discussion was Jack Ellison of 55 Green Hill Road.  The property of discussion was 41 Green Hill Road.  Mr. Ellison discussed his concerns regarding the installation of an outdoor wood burning furnace located at 41 Green Hill Road.

 

Also, Ron Farrell of 49 Green Hill Road addressed his concerns.

 

Attorney Kevin McSherry stated there is not a regulation in place in Bethany Zoning Regulations regarding outdoor wood burning furnaces.  Attorney McSherry recommended a letter be sent to the Building Official in regard to the height and the location of the furnace and contacting the Department of Energy and Environmental Protection.

 

 

 

 

 

 

 

2)      789 Litchfield Turnpike, Application #2018-024 submitted by Lucia Dittmann for a Home Occupation Permit to establish a dog treat bakery

 

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

 

Isabel Kearns, ZEO, stated the Quinnipiack Valley Health District has not submitted their review comments at this time.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Wednesday, November 7, 2018.  Tabled.

 

 

OLD BUSINESS

 

1.      285 Sperry Road, Application #2018-020 submitted by Dennis and Susan Marsh for a Home Occupation Permit to sell eggs and goat milk soaps and a Sign Permit

 

No one was present to discuss this application and the application fees have not been paid at this time.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Wednesday, November 7, 2018.  Tabled.

 

 

2.      58 Old Amity Road, Application #2018-021 submitted by Green Haven for a Special Exception Permit to allow rock crushing and screening

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members reviewed and proceeded to deliberate.  It was moved by Calhoun and seconded by Harrison to approve the following resolution for Application #2018-021:

 

Whereas, Dick Margulis, President, of Green Haven applied on September 5, 2018, to the Bethany Planning and Zoning Commission for a Special Exception Permit to allow rock crushing and screening located at 58 Old Amity Road;

 

Whereas, the Commission held a public hearing on October 3, 2018, on this application (#2018-021);

 

Whereas, the Commission closed the public hearing at the conclusion of testimony on October 3, 2018;

 

Whereas, the Commission at its regular meeting of October 3, 2018, considered the plans, testimony and other pertinent application information associated with this rock crushing and screening operation located at 58 Old Amity Road;

 

 

 

 

 

 

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

 

1)                  The Commission received a letter dated September 19, 2018, from Ronald Walters of the South Central Connecticut Regional Water Authority, in which he requests further information.  The Commission then received a follow-up letter from Mr. Walters dated September 21, 2018, in which he states: 1) The processing and refueling plan are acceptable; and 2) The Regional Water Authority should be notified in the event of a spill. Finally, the Commission received a letter dated September 26, 2018, from Ron Walters which stated the rock crusher and screener is part of the site work currently being conducted.  We reviewed their revised Emergency Action Plan which now includes contact information for the Regional Water Authority and State of Connecticut Department of Energy and Environmental Protection Spills response unit.  These submittals regarding the material processing activities are acceptable and address Regional Water Authority concerns.

2)                  Lynn Fox, Quinnipiack Valley Health District representative, signed off on the back of the application form on August 30, 2018, and stated “location approved”.

3)                  Rod White, Fire Marshal, signed off on the back of the application form on August 30, 2018, indicating his approval.

 

Now Therefore Be It Resolved, that pursuant to Section 8 of the Bethany Zoning Regulations, amended to December 1, 2017, the Bethany Planning and Zoning Commission approves the Special Exception Permit to allow rock crushing and screening located at 58 Old Amity Road, as presented in the application, in association with the testimony given, in accordance with the following plan entitled, “Site First Floor Plan”, dated August 3, 2015, and submitted August 28, 2018, with hand drawn markings by the applicant;

                                          

And with the following conditions:

1)      The applicant shall control dust onsite at all times.

2)      In the event conditions substantially change, the applicant shall return to the Planning and Zoning Commission for approval.

Vote 5 to 0.

Voting for:  Brinton, Calhoun, Harrison, Hutchinson, Shea.

Unanimous approval.

 

 

3)      Continue discussion with Dr. Gale Ridge of the Bethany “Environment” Committee regarding Wind Study at Airport and “Sustainable CT”Tabled.

 

 

4)      Public hearing scheduled for Wednesday, November 7, 2018, at 7:15 p.m.  Re:  Proposed amendment to the Town of Bethany Plan of Conservation and Development – Bethany Center Village District -  Tabled.

 

 

 

 

 

 

 

 

5)      Continue discussion regarding Accessory Apartments and other Zoning Regulations including Attainable Housing Regulation -  Special Meeting scheduled for Wednesday, October 17, 2018, at 7 p.m.  Tabled.

 

 

6)      Executive Session on possible litigation matterTabled.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT

Isabel Kearns, ZEO, submitted the following:

·         Building Permits, dated September 4, 2018 to September 27, 2018.

·         Site Inspections dated September 14, 2018, to September 21, 2018.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Hutchinson and seconded by Calhoun to adjourn the regular meeting at 8:55 p.m.

Voting for:  Brinton, Calhoun, Harrison, Hutchinson, Shea.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission