Tuesday, April 16, 2019


APPROVED MINUTES OF THE BETHANY CONSERVATION COMMISSION, MARCH 14, 2019

 

 

Present were Brian Eitzer, Chair Bruce Loomis and Patricia Winer. Cathy Rives and Matthew Popp were absent.

 

Bruce called the meeting to order at 8:10.

 

Bruce moved to accept the minutes of February 28. Patsy seconded and suggested the addition of the words “the January 10th minutes” in item 2 after, “After review Cathy moved to accept.” The February 28th minutes were approved as thus amended, with Patsy moving their approval and Bruce seconding.

 

There were no bills or correspondence.

 

Bruce announced that Matt has been appointed as a full member.

 

The Commission entered executive session at 8:16 to discuss Conservationist of the Year. We exited executive session at 8:21.

 

The remainder of the meeting was devoted to bringing the Open Space Plan up to date in anticipation of a new Plan of Conservation and Development in 2020.

 

Brian moved to adjourn at 9:20. Patsy seconded. All were in favor.

 

 

Respectfully submitted,

Patricia Winer, Sec’y pro tem

MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR MEETING OF MONDAY, APRIL 8, 2019                                            Page 1 of 3

The regular meeting of the Zoning Board of Appeals was called to order at 7:03 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

Roll call was taken.

 

The following Board Members were present:

            Thomas Mabry, Vice-Chairman, Acting as Chairman

            Margaret Foley, Member

            Nick Poulmas, Member

            Mark Stricker, Member

April Stirling, Alternate Member, seated as a voting member

Rob Huxley, Alternate Member, seated as a voting member

 

The following Board Member was absent:

            Thomas Magda, Chairman

 

Also present were:  Isabel Kearns, Zoning Enforcement Officer

                                Kevin McSherry, Town Attorney

 

 

MINUTES


 

It was moved by Mabry and seconded by Stirling to approve, as submitted, the minutes of the March 11, 2019, Regular Meeting.

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

It was moved by Mabry and seconded by Huxley to approve, as submitted, the minutes of the March 20, 2019, Special Meeting.

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

 

COMMUNICATIONS

1.      Copy of letter from Isabel Kearns, ZEO, to Mr. & Mrs. John Velardi of 15 Cedar Road, dated March 15, 2019, Re:  Cease & Desist Order, large parts of tree trunks and wood being delivered and stored on property.

 

 

DELIBERATION/DECISION-MAKING SESSION FOR 41 GREEN HILL ROAD

 

Town Attorney Kevin McSherry prepared a draft motion for the Board to review.

 

It was moved by Mabry and seconded by Huxley to read the draft motion into the meeting record.

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

 

 

 

It was moved by Mabry and seconded by Stirling to modify and approve the motion by removing the sentence, “If any unprocessed logs remain after October 31, 2019, the appellants shall remove unprocessed logs from the property” as follows:

 

Procedural History and Facts

November 15, 2018, Isabel Kearns, Zoning Enforcement Officer of the Town of Bethany, issued a Cease and Desist Order against Peter Kaminski and Juliannne Stach regarding their property known as 41 Green Hill Road, Bethany, Connecticut.

 

On December 13, 2018, Peter Kaminsky and Julianne Stach appealed the order of the Zoning Enforcement Officer to the Zoning Board of Appeals.

 

The Zoning Board of Appeals scheduled a public hearing for January 14, 2019.

 

The Zoning Board of appeals held a public hearing on January 14, 2019.

 

The public hearing was continued until March 11, 2019, and the public hearing was closed on that date.

 

Zoning Board of Appeals conducted deliberations on March 20, 2019.

 

Zoning Board of Appeals has determined that the Cease and Desist Order of the Zoning Enforcement Officer shall be affirmed in part and modified pursuant to its authority under Connecticut General Statutes 8 –7 in Section 14 of the Zoning Regulations of the Town of Bethany Connecticut.

 

The reasons set forth in the appeal and evidence at the public hearing did not demonstrate that the Zoning Enforcement Officer erred in regards to the Zoning Regulations Section 4.2 Storage.

 

The Appellants shall be required to comply with Section 4.2 of the Zoning Regulations and the Cease and Desist Order shall be continued with the following conditions:

 

·         The Appellants shall provide Evergreen plantings 6 to 8 feet in height along the northern side of the property and planting shall be completed by May 8, 2019, to insure two growing seasons.

·         A total of 8 stacks of wood with a maximum height of 6 feet shall be allowed to be placed from the northwesterly corner of the Appellants’ house, stacked in a westerly direction in a line with the rear corner of the Appellants’ house maintaining the approximate distance from the corner of the Appellants’ house from the northerly boundary line for the placement of the stacks in a row. The stacks shall be covered in the same manner as the current stacks on the property.

 

 

 

 

 

 

 

 

 

·         All of the unprocessed logs must be moved to the far southwest corner of the property in an area approximately 60 feet x 50 feet by May 1, 2019. The stack of unprocessed logs shall not exceed 60 and shall be properly screened pursuant to Section 4.2 “ ...by plantings, opaque fencing or other appropriate screening devices.”

·         The unprocessed logs shall be processed, split into firewood within and near the storage area, by October 31, 2019.

·         The Appellants shall be limited to no more than twelve (12) unprocessed logs being delivered per year. Unprocessed logs are to be stored in the area designated in the southwest corner of the property.

 

As long as the appellant complies with the terms of the modified Cease-and-Desist Order, the Appellant shall not be subject to fines as permitted by statute or regulation.  However non-compliance with the modified cease-and-desist desist order shall result in fines being assessed against the Appellants.

 

The Appellants’ Appeal regarding the Cease-And-Desist Order under Section 4.3 E.3 is sustained.

Poulmas recused himself.

Vote 5 to 0.

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by                  seconded by Huxley and seconded by Foley  to adjourn the regular meeting at 7:20 p.m.

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Zoning Board of Appeals

 

UNAPPROVED MINUTES OF THE BETHANY CONSERVATION COMMISSION, MARCH 7, 2019

 

 

Present were Brian Eitzer, Chair Bruce Loomis and Patricia Winer. Cathy Rives and Matthew Popp were absent.

 

Bruce called the meeting to order at 8:10.

 

Bruce moved to accept the minutes of February 28. Patsy seconded and suggested the addition of the words “the January 10th minutes” in item 2 after, “After review Cathy moved to accept.” The February 28th minutes were approved as thus amended, with Patsy moving their approval and Bruce seconding.

 

There were no bills or correspondence.

 

Bruce announced that Matt has been appointed as a full member.

 

The Commission entered executive session at 8:16 to discuss Conservationist of the Year. We exited executive session at 8:21.

 

The remainder of the meeting was devoted to bringing the Open Space Plan up to date in anticipation of a new Plan of Conservation and Development in 2020.

 

Brian moved to adjourn at 9:20. Patsy seconded. All were in favor.

 

 

Respectfully submitted,

Patricia Winer, Sec’y pro tem

Monday, April 1, 2019


BOARD OF FINANCE

SPECIAL MEETING

MARCH 26, 2019
Page 1 of 2

 
DRAFT

 

Attendance:  Chairman John Grabowski, John Ford IV, Sally Huyser, Sharon Huxley

Visitors:  First Selectwoman Derrylyn Gorski, Sheila Lane, Bethany Resident Trooper David Merriam

Chairman Grabowski called the meeting of the Board of Finance to order at 7:12 p.m.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.

BUDGET 2019-20

PUBLIC SAFETY

Trooper David Merriam was present to discuss with the Board of Finance some reductions to his budget from the first submission.  The SRO Officer cost of $10,000 for Amity had previously been charged to his budget.  It is now included in the Amity Budget.  The line item for Police Equipment budgeted for $9,500 will be taken out of his budget as this cost is going to be covered 100% by the State of Connecticut.  The salary of the Resident Trooper previously billed at 75% of cost may change to 100% of cost.  If that is true an adjustment will need to be made.

GENERAL GOVERNMENT

First Selectwoman Gorski reported that the General Insurance line item could increase by 3%, however this number is not final. 

The salaries of the Assistant Town Clerks and Assistant Secretary to the Assessor will be adjusted because of additional certifications they have received. 

The budget for Bookkeeper will be adjusted because of an additional part time person to do the data entry when the new financial software is installed.

Renovations to the Annex and the cost of repair for it was discussed.  Rod White, Maintenance Supervisor has gotten quotes for initial repairs to the building that would meet basic needs for its use by Park and Recreation for summer programs.  The cost for these repairs would be approximately $19,000.  The Board members discussed possibly taking this expense from Contingency to make the building operational.  No formal motion was made. 

CAPITAL RESERVE-NON-RECURRING

The General Fund Balance is presently at @20.4% of budget.  The $600,000 received from the Amity surplus has caused   the increase to the General Fund.  First Selectwoman Gorski suggested that perhaps some of it could be used to lower the mill rate.  Other members felt that perhaps the money should be saved incase the Town is assessed a large amount by the State for teachers retirement.

After much discussion regarding amount to budget for the Land Acquisition Fund it was determined that they would budget the Land Acquisition Fund at $100,000 for this year.

 

 

 

The Board of Finance agreed to have First Selectwoman Gorski look into bonding for the paving of roads.  The school parking lot, paving behind the school and the Town Hall parking lot could be included in the bonding. 

APPROVAL OF MINUTES

Chairman Grabowski called for a motion of approval for the minutes of the meeting of March 19, 2019.  The motion was moved by John Ford IV and seconded by Sally Huyser.  The vote taken was three yes votes to approve as written.  The vote was called.  There were three yes votes and one abstention that of Sharon Huxley as she had not read the minutes.

OTHER MATTERS

The next meeting to complete the budget will be held on April 2, 2019.  School Superintendent Murray indicated that if the enrollment for kindergarten continues to increase an additional teacher for that grade will be needed.  This would increase the budget for the Elementary school. 

ADJOURNMENT

At 9:15 Sally Huyser moved to adjourn the meeting.  Her motion was seconded by John Ford IV.  The vote taken was unanimous.

 

                                                                                                Respectfully submitted,

 

                                                                                                June G. Riley 

                                                                                                Clerk, Board of Finance

 

 

 

 

 



MINUTES OF THE BETHANY ZONING BOARD OF APPEALS SPECIAL MEETING OF WEDNESDAY, MARCH  20, 2019                            Page 1 of 2

The special meeting of the Zoning Board of Appeals was called to order at 7:00 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

Roll call was taken.

 

The following Board Members were present:

            Thomas Mabry, Vice-Chairman, Acting as Chairman

            Margaret Foley, Member

            Nick Poulmas, Member

            Mark Stricker, Member

April Stirling, Alternate Member, seated as a voting member

Rob Huxley, Alternate Member, seated as a voting member

 

The following Board Members were absent:

            Thomas Magda, Chairman

 

Also present were:  Isabel Kearns, Zoning Enforcement Officer

                                Kevin McSherry, Town Attorney

 

 

Agenda

·         Continue discussion on the application submitted by Peter Kaminski and Julianne Stach for a Zoning Appeal of improper interpretation of the Bethany Zoning Regulations, Section 4.2 regarding a Cease and Desist Order, dated November 15, 2018, for outside storage.  Public hearing closed on March 11, 2019.

 

 

The Board started their deliberation on the subject Zoning Appeal.

 

Some Board members stated that they visited the site again to look at the location of the septic, leaching fields and reserve area. 

 

Board members discussed other possible locations on the property for wood to be stacked and stored.

 

Board members discussed with the Town Attorney amending the Cease and Desist Order dated November 15, 2018.

 

The Board came to a consensus on the following:

·         Have big logs that are unprocessed moved to the southwest corner on the subject property.

·         Have processed wood screened.

·         Plantings to take place as soon as possible.

 

Attorney McSherry will prepare a draft motion from the comments made by Board Members and email to Board Members for any other comments or amendments before the next regular meeting on Monday, April 8, 2019.

 

 

 

 

 

There being no further comments, it was moved by Huxley seconded by Stricker to adjourn the special meeting at 8:41 p.m.

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Zoning Board of Appeals

 

 

 

 

 

 

 

 

 

 

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, MARCH 18, 2019                                                   Page 1 of 3

The regular meeting of the Inland Wetland Commission was called to order at 7:37 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

         James Nickle, Alternate Member, seated as a voting member

 

The following members of the Commission were absent:

         Nancy Scanlon, Member

         Charles Clark, Alternate Member

         Rob Huxley,  Alternate Member

 

Also present was Isabel Kearns, Inland Wetlands Enforcement Officer

 

NEW BUSINESS 

 

1)      49 EMERALD LANE, Application #1319 submitted by Mesa Excavation & Paving Inc. for an IW Permit for a residential site development

 

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

 

Commission members reviewed the proposed site plan and noted the onsite wetlands. 

 

The Commission would like to conduct a site visit and asked Ms. Kearns to contact the project engineer to stake the corners of the house, center of the driveway, and corners of the septic.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, April 15, 2019.  Tabled.

 

OLD BUSINESS

 

1)      Discussion and appropriate action on amended Cease and Desist Order, dated    November 13, 2018, amended on November 20, 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

The Commission would like to visit the site again before taking action on this item.

 

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

Commission’s next regular meeting adjourned to Monday, April 15, 2019.  Tabled.

 

 

 

 

 

 

 

 

2)      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.

 

Present for this discussion was Susan Marsh, owner of record.  Mrs. Marsh stated she contacted the Farm Service Agency of the State of Connecticut and they did an evaluation and a soil scientist study of her property.

 

Chair Sullivan stated the Farm Service Agency does not have jurisdiction over the local wetlands agency.  The Commission would like a copy of the report from the Farm Service Agency and then will contact DEEP for guidance.

 

Further discussion was deferred until the Commission’s next regular meeting adjourned to Monday, April 15, 2019.  Tabled.

 

 

APPROVAL OF MINUTES

 

1)      It was moved by Nickle and seconded by Sullivan to approve, as submitted, the minutes of the December 17, 2018, Regular Meeting.

Voting for:  Sullivan, Nickle, Hathaway.

Unanimous approval.

 

 

CORRESPONDENCE

 

1)      Letter from Aquarion Water Company, dated February 8, 2019, Re:  Aquarion Environmental Champion Awards program.

2)      Copy of CT DEEP Permit Application for the Use of Pesticides in State Waters for Albers Pond, 88 Beacon Road, received February 4, 2019.

3)      Copy of Notification of Timber Harvest from South Central Connecticut Regional Water Authority, dated January 30, 2019, property location:  South of Hoadley Road, North of Hatfield Hill Road, West of Downs Road.

4)      Copy of Notification of Timber Harvest from South Central Connecticut Regional Water Authority, dated December 28, 2018, property location:  East of Wooding Hill Road, North of Hoadley Road, West of Wooding Hill Road and North of Porter Hill Road.

 

 

SCHEDULE SITE VISIT

The Commission scheduled a site visit for Saturday, March 30, 2019.  Members to meet at Old Mill Road for 8:30 a.m.  Sites to be visited are as follows:

·         Old Mill Road

·         49 Emerald Lane

 

 

 

 

 

 

 

 

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Hathaway and seconded by Nickle to adjourn the regular meeting at 8:07 p.m.

Voting for:  Sullivan, Hathaway, Nickle.

Unanimous approval.

 

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For Inland Wetlands Commission

 

BOARD OF SELECTMEN

MARCH 11, 2019

Page 1 of 1

DRAFT

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

First Selectwoman Derrylyn Gorski called the meeting of the Board of Selectmen to order at 7:32 P.M.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.  The meeting opened with the Pledge of Allegiance.

APPROVAL OF MINUTES

First Selectwoman Gorski called for a motion to approve the minutes of the meeting of February 25, 2019.  The motion was moved by Selectman Shea and seconded by Selectman Hurlburt.  The vote taken was unanimous for approval without change.

TAX REFUNDS

Selectman Hurlburt moved to approve Tax Refunds in the amount of $553.66 for Acar Leasing, LTAD in the amount of $299.15, to Daniel Levine in the amount of $23.29 and to Timothy and Glen Kriz in the amount of $231.22 all for overpayment of taxes.  Selectman Shea seconded the motion.  The vote taken was unanimous. 

REGIONALIZATION PUBLIC HEARING

First Selectwoman Derrylyn Gorski attended the Public Hearing in Hartford last week regarding School Regionalization, as being recommended by the new session of the State of Connecticut Legislature.  First Selectwoman Gorski talked to George Logan our State Senator and House Representative Lezlye Zupkus regarding this proposed change.  Since the teacher salaries are not the same in each Town because of Union Contracts this could cause an increase in the education budgets of some towns.  The benefit of regionalization could be sharing of special education resources which could be a savings to school budgets.

GENERAL GOVERNMENT BUDGET

First Selectwoman Gorski reports that the General Government portion of the budget is relatively flat other than what is budgeted for roads.  The Board of Finance will meet tomorrow night to discuss whether to bond for extensive road repairs in fiscal year 2019-20.    

EXECUTIVE SESSION TO DISCUSS REAL ESTATE, PERSONAL ISSUES OR CONTRACTS

At 7:50 p.m.  Selectman Hurlburt moved to go into executive session to discuss Real Estate, Personal Issues or Contracts. Selectman Shea seconded the motion.  The vote taken was unanimous.  At 8:00 p.m. Selectman Shea moved to exit the executive session.  Selectman Hurlburt seconded the motion.  The vote taken was unanimous.  There were no votes taken during the executive session.

 

ADJOURNMENT

 

At 8:04 p.m. Selectman Shea moved a motion to adjourn the meeting.  Selectman Hurlburt seconded the motion.  The vote taken was unanimous.

 

                                                                                                                Respectfully submitted,

 

                                                                                                                June G. Riley 

                                                                                                                Secretary, Board of Selectmen