Friday, October 25, 2019


BOARD OF SELECTMEN

OCTOBER 17, 2019

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DRAFT

Attendance:  First Selectman Paula Cofrancesco, Selectman Donald Shea

 

CALL TO ORDER

The special meeting of the Board of Selectmen was called to order at 3:10 p.m.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.

 

SCHEDULE SPECIAL TOWN MEETING

 

Selectman Shea moved the motion to schedule a Special Town Meeting on Tuesday, October 29, 2019, at 7:00 p.m. at the Bethany Town Hall, 40 Peck Road, for the purpose of advancing action items as recommended by the Board of Finance at their meetings on Tuesday, October 8, 2019, and Wednesday, October 16, 2019.

 

 ADJOURNMENT

 

Adjournment was called at 3:14 p.m. after a motion was moved by Selectman Shea and seconded by First Selectman Cofrancesco.

 

 

                                                                        Respectfully submitted,

 

 

                                                                        June G. Riley    

                                                                        Secretary, Board of Selectmen

 

 

 

BOARD OF SELECTMEN           

SPECIAL MEETING

OCTOBER 16, 2019

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DRAFT

 

Attendance:  First Selectman Paula Cofrancesco, Selectman Donald Shea

 

Visitors:  Sheila Lane

 

CALL TO ORDER

The meeting was called to order 7:35 p.m.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.  

 

 First Selectman Cofrancesco asked all to stand for the Pledge of Allegiance.

 

DISCUSS AND TAKE POSSIBLE ACTION ON RECOMMENDING THE TRANSFER OF FUNDS FROM THE FOLLOWING ACCOUNTS

 

A.      From the Medical Insurance Account     $69,622

B.      Resident Trooper Account                         $88,353

C.      Non-recurring Capital Fund                       $47,362

Into the following accounts:

 

A.      Contracted Services                                        $20,000

B.      Road Materials                                                $92,668.50

C.      Major Road Resurfacing                                $92,668.50

 

Selectman Shea moved to make the transfers as listed above and move to add to the agenda of the Special Town Meeting of October 29, 2019.  First Selectman Cofrancesco seconded the motion.  The vote taken was unanimous.

 

DISCUSS AND TAKE POSSIBLE ACTION ON RECOMMENDING THE APPROVAL OF AN EXPENDITURE OF UP TO $15,000 FROM THE NON-RECURRING CAPITAL FUND IN ORDER TO BUILD A NEW FENCE FOR THE BETHANY DOG PARK

 

Selectman Shea indicated he is against putting up another fence at the Dog Park, but we should let the Town Meeting decide.  The Town did get quotes on fences from Orange Fence and Reliable Fence, and they were comparably priced.  Selectman Shea moved the motion to add Dog Park Fence for an amount not to exceed $15,000 to the agenda of the Special Town Meeting of October 29, 2019.  First Selectman Cofrancesco seconded the motion.  The vote taken was unanimous.

 

DISCUSS AND TAKE POSSIBLE ACTION ON RECOMMENDING THE APPROVAL OF AN EXPENDITURE OF UP TO $20,000 FROM THE CONTRACTED SERVICES ACCOUNT TO PAY FOR INSTALLATION OF  CONCRETE STAIRS BETWEEN ANNEX #1 AND ANNEX #2

 

The Selectmen discussed the expenditure of up to $20,000 from the Contracted Services Account to pay for installation of concrete stairs between Annex #1 and Annex #2.  The stairs were removed when the Town repaved the parking lot.  The stairs did not meet ADA requirements.  Selectman Shea moved the

 motion to add to the agenda of the Special Town Meeting on October 29, 2019, approval  of up to $20,000 from the Contracted Services Account to pay for the installation of concrete stairs between Annex #1 and Annex #2.  The motion was seconded by First Selectman Cofrancesco.  The vote was called.  The vote taken was unanimous. 

 

DISCUSS AND TAKE POSSIBLE ACTION ON RECOMMENDING THE APPROVAL OF AN EXPENDITURE OF UP TO $10,000 FROM THE NON-RECURRING CAPITAL FUND TO PURCHASE A NEW PLOW FOR THE DEPARTMENT OF PUBLIC WORKS

 

The Selectmen discussed taking action on recommending the approval of an expenditure of up to $10,000 from the Non-recurring Capital Fund, to purchase a new plow for the Department of Public Works, and to place it on the agenda of the Special Town Meeting of October 29, 2019.  The motion was moved by Selectman Shea and seconded by First Selectman Cofrancesco.  The vote taken was unanimous.

 

DISCUSS AND TAKE POSSIBLE ACTION ON RECOMMENDING THE APPROVAL OF AN EXPENDITURE OF UP TO $60,000 FROM THE EXISTING TOWN HALL GENERATOR CAPITAL FUND AND RECOMMENDING IT TO THE SPECIAL TOWN MEETING

 

The Selectmen discussed taking action on the recommendation and approval of an expenditure of up to $60,000, from the existing Town Hall Generator capital item, to purchase a generator for the Public Works Department building, of up to $60,000 and to recommend this as an agenda item for the Special Town of October 29, 2019.  The motion was moved by Selectman Shea and seconded by First Selectman Cofrancesco.  The vote taken was unanimous.  

 

ADJOURNMENT

 

Adjournment was called at 7:45 p.m. after a motion was moved by Selectman Shea and seconded by First Selectman Cofrancesco.  The vote taken was unanimous.

 

                                                                                                                Respectfully submitted,

 

 

                                                                                                                June G. Riley   

                                                                                                                Secretary, Board of Selectmen

BOARD OF SELECTMEN

OCTOBER 15, 2019         

Page 1 of 3

DRAFT

Attendance:  First Selectman Paula Cofrancesco, Selectman Donald Shea

Visitors:  Sheila Lane, Finance Director, Sharon Huxley, Attorney Courtney George, Kristine Sullivan joined the meeting at 8:15 p.m.

The meeting was called to order at 7:33 p.m.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.

First Selectman Cofrancesco asked all to stand for the Pledge of Allegiance. 

APPROVAL OF MINUTES

First Selectman Cofrancesco called for a motion to approve the minutes of the meeting of September 23, 2019.  The motion of approval was moved by Selectman Shea and seconded by First Selectman Cofrancesco.  There were no changes made to the minutes.  The vote taken was unanimous. 

TAX REFUNDS

There was not action taken for tax refunds at this meeting.

MORTGAGRE RELEASE

No updates on the mortgage release for Murphy.

DOG PARK FENCE

The Board of Finance at their last meeting moved a motion to appropriate $15,000 to replace the fence at the Dog Park and to send final approval of this expenditure to an upcoming Special Town Meeting. 

 

KNOLLWOOD ROAD WELLS

 

First Selectman Cofrancesco reports that the contracts to drill new wells for the three residents on Knollwood Road, are just about complete.  Dottie Dieroff is asking for additional reimbursement for work that was necessary for her well, because of corrosion caused by the salt contamination. The other two residents did not experience this problem.   Following discussion Selectman Shea moved a motion to approve reimbursement to Dottie Dieroff for this added expenditure, and to recommend to the Board of Finance approval of the funding for this reimbursement.  The vote was called.  The vote taken was unanimous.

 

TOWN ROAD REPAIR WORK

 Tilcon Connecticut, Inc.- was hired from the State bid list of paving companies, and will begin milling and repaving of roads with two crews on two sides of Town next week.  Selectman Shea moved the motion to waive the bidding process for contractors to do drainage work and to award the work to Mesa Excavation and Paving , Advanced Paving and Excavating, and W. R. Grieger Excavation.   First Selectman Cofrancesco seconded the motion.  The vote taken was unanimous.

 

 

STATE OF CONNECTICUT DEPARTMENT OF HOMELAND SECURITY

Rod White, Fire Marshal for the Town of Bethany presented the following Resolution to be passed by the Board of Selectmen:

RESOLVED, that the Board of Selectmen may enter into with and deliver to the State of Connecticut Department of Emergency Management and Homeland Security, any and all documents which it deems to be necessary or appropriate and FURTHER RESOLVED, that Paula Cofrancesco, as First Selectman of Town of Bethany is authorized and directed to execute and deliver any and all documents on behalf of the Town of Bethany and to do and perform all acts and things which he deems to be necessary or appropriate to carry out the terms of such documents.  The undersigned further certifies that Paula Cofrancesco now holds the office of First Selectman and that she has held that office since July 1, 2019.

The resolution was moved by Selectman Shea and seconded by First Selectman Cofrancesco.  The vote taken for acceptance was unanimous. 

VALLEY FIRE CHIEF REGIONAL TRAINING SCHOOL

First Selectman Cofrancesco reported on information she had received regarding the Valley Fire Chief’s School proposed in Beacon Falls.  Since Bethany is a part of this district for fire training, Selectmen Shea moved to participate in the planning of this facility.  First Selectman Cofrancesco seconded the motion.  The vote taken was unanimous.

STOP SIGN AT CARRINGTON ROAD AND HATFIELD HILL ROAD

First Selectman Cofrancesco has received a request to put a stop sign at Carrington Road and Hatfield Hill Road.  The Selectmen discussed this location per the resident’s request.  Selectman Shea moved to proceed with a stop sign at this location pending final recommendation by Trooper Dave Merriam.  First Selectman Cofrancesco called the vote.  The vote was unanimous.   

AGENDA FOR SPECIAL TOWN MEETING

The Selectmen discussed what would be on the agenda for the upcoming special Town Meeting set for October 29, 2019.  The meeting would discuss and move to return to the General Fund $69,622 from Medical Insurance, $88,353 from Police Revenue and $47,362 from Non-recurring Capital to be re-allocated to Contracted Services $20,000, Road Materials $92,668.50 and $92,668.50 to Road Resurfacing for a total of $205,337.  On the agenda would also be Dog Park Fence $15,000, Concrete Stairs for Annex 1 and 2 $20,000, Plow for Public Works $10,000, and Generator for Public Works $70,000.  The Capital Expenditures will go before the Board of Finance Wednesday, October 16, 2019 for approval. 

 

CEMETERY BY LAWS

 

Kris Sullivan, Chairman of the Cemetery Commission, Town of Bethany, was present before the Board of Selectmen to get approval for the By-Laws for this Commission.  After a review, the Selectmen determined they would like to review them with the changes before final approval was given to accept. 

 

 

 

 

ADJOURNMENT

 

Adjournment was called at 9:00 p.m. after a motion was moved by Selectman Shea and seconded by First Selectman Cofrancesco.  The vote taken was unanimous. 

 

 

                                                                                                                Respectfully submitted,

 

 

                                                                                                                June G. Riley  

                                                                                                                Secretary, Board of Selectman

 

 

MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR MEETING OF TUESDAY, OCTOBER 15, 2019                                   Page 1 of 5

The regular meeting of the Zoning Board of Appeals was called to order at 7:04 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

The following Board Members were present:

Rob Huxley, Chairman

Thomas Mabry, Vice-Chairman

            Nick Poulmas, Member

            Mark Stricker, Member

            Melissa Lambrecht, Alternate, seated as a voting member

            Scott Kealey, Alternate

 

The following Board Members were excused:

            Armand Rivellini, Member

            Kevin Dingle, Alternate

 

Also present was:  Isabel Kearns, Zoning Enforcement Officer

       

 

ELECTION OF OFFICERS

 

1.      It was moved by Poulmas and seconded by Lambrecht to nominate Rob Huxley as Chairman of the Zoning Board of Appeals.

Unanimous approval.

 

2.      It was moved by Poulmas and seconded by Mabry to close nominations and elect Rob Huxley as Chairman of the Zoning Board of Appeals.

Unanimous approval.

 

3.      It was moved by Stricker and seconded by Huxley to nominate Thomas Mabry as Vice-Chairman of the Zoning Board of Appeals.

Unanimous approval.

 

4.      It was moved by Stricker and seconded by Huxley to close nominations and elect Thomas Mabry as Vice-Chairman of the Zoning Board of Appeals.

Unanimous approval.

 

 

MINUTES


 

1.      It was moved by Stricker and seconded by Poulmas to approve, as submitted, the minutes of the June 10, 2019, Regular Meeting.

Lambrecht abstained.

     Voting for:  Huxley, Mabry, Poulmas, Stricker.

      Unanimous approval.

 

 

 

 

 

 

 

2.      It was moved by Stricker and seconded by Poulmas to approve, as submitted, the minutes of the June 19, 2019, Special Meeting.

Lambrecht abstained.

Voting for:  Huxley, Mabry, Poulmas, Stricker.

Unanimous approval.

 

BILL

 

It was moved by Mabry and seconded by Poulmas to approve the payment of a bill for $125.00, dated October 15, 2019, from Donna Cahill for recording services for the public hearing (9 Russell Road).

Voting for:  Huxley, Poulmas, Mabry, Stricker, Lambrecht.

Unanimous approval.

 

CORRESPONDENCE

 

Connecticut Federation of Planning and Zoning Agencies, Quarterly Newsletter, Spring, 2019.

 

PUBLIC HEARING  – 9 RUSSELL ROAD

 

At 7:08 p.m., Chairman Huxley opened the public hearing in regard to the applications submitted by David L. Logue for property located at 9 Russell Road for an application for approval of a location of a motor vehicle dealer and repairer and for a 320-foot variance to allow a 180-foot setback on the easterly side instead of a 500-foot setback and for a 20-foot variance to allow a 480-foot setback on the northeasterly side where 500 feet is required between commercial garages and residential zones to locate a commercial garage and sales office for car dealership

 

Roll call was taken.  Chairman Huxley read the notice for the public hearing that was published in the New Haven Register.

 

Chairman Huxley asked all members seated if they visited the subject property.  All members seated did respond that they visited the subject property.

 

Chairman Huxley 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 7, 2019, listing addresses of the surrounding property owners within 100 feet of the property that were notified of this application.

 

 

 

 

 

 

 

 

 

 

Present for the public hearing to speak on behalf of the application was David Logue, applicant.  Mr. Logue briefly reviewed his proposal for a motor vehicle dealer and repairer.  Some comments by Mr. Logue were:

·         The previous approval received for 163 Amity Road did not work because the seller was unable to clear liens on the property.

·         All details are the same as the 163 Amity Road application; nothing has changed.

 

Board members briefly discussed the applications.

 

Chairman Huxley then three times asked if any member from the public would like to speak in favor of the applications.  There were no comments.

 

Chairman Huxley then three times asked if any member from the public would like to speak in opposition of the applications.  The following members of the public spoke:

·         Jean Pierre Fletcher of 55 Old Amity Road

·         Kathryn Sylvester of 55 Old Amity Road

 

At 7:25 p.m. there being no further questions or comments, it was moved by Poulmas and seconded by Mabry to close the public hearing on the subject applications.

Voting for:  Huxley, Mabry, Poulmas, Stricker, Lambrecht.

Unanimous approval.

 

 

DELIBERATION AND DECISION MAKING SESSION

 

9 RUSSELL ROAD

 

Board members discussed the application and proceeded to deliberate.

 

Some items noted by the Board were:

·         Increased traffic.

·         Visibility coming off Russell Road onto Amity Road.

·         Other car businesses in the same area.

·         Applicant will need to go to Inland Wetlands Commission and Planning and Zoning Commission.

 

It was moved by Poulmas and seconded by Mabry to grant the approval of the application submitted by David L. Logue for the property located at 9 Russell Road and shown on Assessor’s Map #119, Lot #5B, for location approval for a motor vehicle dealer and a motor vehicle repairer.

 

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 having given due consideration to the proposed location of the proposed business in reference to the following:

  1. The record supports issuing the Certificate of Location approval.

 

 

 

 

  1. The record before the Board demonstrates that the location is suitable for the business intended.  The subject property is zoned Business and Industrial and the surrounding properties are zoned Business and Industrial.

Vote 5 to 0.

Voting for:  Huxley, Mabry,  Poulmas, Stricker, Lambrecht.

Unanimous approval.

 

It was moved by Poulmas and seconded by Mabry to grant the approval of the application submitted by David L. Logue for the property located at 9 Russell Road and shown on Assessor’s Map #119, Lot #5B, for a variance of Section 5.2.B.1. – Commercial garage within 500 feet of a residential zone, specifically to grant a 320-foot variance to allow a   180-foot setback on the easterly side instead of a 500-foot setback and for a 20-foot variance to allow a 480-foot setback on the northeasterly side where 500 feet is required between commercial garages and residential zones to locate a commercial garage and sales office for car dealership.

 

The variance is granted subject to the following conditions:

1.      The variance shall not be effective until a copy of it, certified by the Chairman or the Secretary of the Board, and containing a legal description of the subject property, and specifying the nature of the variance (including the Section of the Zoning Regulations being varied) is filed with the Bethany Town Clerk for recording on the Bethany Land Records by the applicant or owner.  A copy of the recorded document shall also be filed with the Zoning Enforcement Officer.

 

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:

1)      A strict and literal interpretation of the Zoning Regulations would deprive the property owner of rights commonly enjoyed by other properties in the same district.

Member Huxley abstained.

Vote 4 to 0.

Voting for:  Mabry, Poulmas, Stricker, Lambrecht.

Application approved.

 

ADJOURNMENT

 

There being no further business to come before the Board, it was moved by Poulmas and seconded by Lambrecht to adjourn the regular meeting at 8:15 p.m.

Voting for:  Huxley, Mabry, Poulmas, Stricker, Lambrecht.

Unanimous approval.

 

Respectfully submitted,

 

Antonia R. Marek, Clerk

for the Zoning Board of Appeals