Board of Selectmen
May 24, 2010
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Steven Thornquist, 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 Conference Room of the Bethany Town Hall. Check signing was the first order of business. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.
AMEND AGENDA
First Selectwoman Gorski called for a motion to amend the agenda by changing approval of minutes of the meeting of April 26, 2010 to approval of the minutes of the meeting of May 10, 2010. The motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
APPROVAL OF MINUTES
The motion to approve the minutes of the meeting of May 10, 2010 was moved by Selectman Thornquist and seconded by Selectman Shea. The motion was called. The vote taken was unanimous.
AMEND LOCAL CAPITAL IMPROVEMENT FIVE YEAR PLAN
Selectman Shea moved to amend the Local Capital Improvement Five Year Plan to list the Pavilion at Veterans’ Memorial Park for the years 2009-2010 and 2010-2011 and to authorize First Selectwoman Derrylyn Gorski to provide any and all documents required for the Office of Policy and Management for the Town to seek reimbursement for the $140,600.00 grant for the Pavilion. Selectman Thornquist seconded the motion. The vote taken was unanimous.
TAX REFUND
Selectman Thornquist moved to refund to East Coast Lawn Service the sum of $2.32 and to William Phillie the sum of $2.94 all for overpayment of taxes. Selectman Shea seconded the motion. The vote taken was unanimous.
CORRESPONDENCE
The Selectmen received correspondence from the Bethany Planning and Zoning Commission. In a letter dated April 12, 2010 regarding the proposed amendments to Bethany Floodplain Management Regulations the letter states in accordance with the Connecticut General Statutes, the letter is to serve as notification that the Bethany Planning and Zoning Commission held a public hearing pertaining to the proposed amendments to the Bethany Zoning Regulations pertaining to the Floodplain Management Regulations, as required by the State of Connecticut, Department of Environmental Protection for compliance. A draft copy was included of the amendments to be made. Selectman Shea also a member of the Planning and Zoning Commission gave a brief report about the hearing.
STOP SIGN REQUEST
Due to a recent accident involving Roseann Polydys’ husband and son, Roseann is requesting that the Board of Selectmen look into the possibility of placing a stop sign on Bethmour Road going westerly where it intersects with Pole Hill Road. The Board of Selectmen will turn this request over to Resident Trooper Merriam for further study of this location, with his recommendation to improve safety at this location.
ADJOURNMENT
Adjournment was called at 8:15 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
Wednesday, May 26, 2010
Attendance: First Selectwoman Derrylyn Gorski, Selectman Steven Thornquist, Selectman Donald Shea
Guests: Robert Brinton Jr., Janet Brunwin, Alan Green
The special meeting of the Board of Selectmen was called to order at 4:00 p.m. The purpose of this meeting was to inspect town roads and evaluate their condition. The group boarded the Senior Bus driven by Alan Green, Highway Foreman for this inspection trip.
With the information gathered from this trip a report will be prepared and estimated costs of repair will be calculated
The meeting adjourned at 5:55 p.m.
Respectfully submitted,
First Selectwoman Derrylyn Gorski
Guests: Robert Brinton Jr., Janet Brunwin, Alan Green
The special meeting of the Board of Selectmen was called to order at 4:00 p.m. The purpose of this meeting was to inspect town roads and evaluate their condition. The group boarded the Senior Bus driven by Alan Green, Highway Foreman for this inspection trip.
With the information gathered from this trip a report will be prepared and estimated costs of repair will be calculated
The meeting adjourned at 5:55 p.m.
Respectfully submitted,
First Selectwoman Derrylyn Gorski
Monday, May 24, 2010
MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR
MEETING OF MONDAY, MAY 10, 2010 Page 1 of 6
The regular meeting of the Zoning Board of Appeals was called to order at 8:26 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Board Members were present:
Carol Goldberg, Chair
Ruth Beardsley, Vice Chair
Steven Massey, Member
James Gugliotti, Member
Bradford Buchta, Alternate Member, seated as a member
Michael Hendrick, Alternate Member
Ben Rosenbloom, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Assistant Zoning Enforcement Officer
MINUTES
It was moved by Gugliotti and seconded by Massey to approve, as submitted, the minutes of the April 12, 2010, Regular Meeting.
Voting for: Goldberg, Massey, Gugliotti, Buchta.
Unanimous approval.
BILLS
It was moved by Gugliotti and seconded by Beardsley to approve the payment of a bill for $95.00, dated May 10, 2010, from Anne Sohon (Court Stenographer) for recording services for the public hearings (29 Hop Brook Road, 5 Hatfield Hill Road).
Voting for: Goldberg, Massey, Gugliotti, Buchta.
Unanimous approval.
PUBLIC HEARING – 5 HATFIELD HILL ROAD
Chair Goldberg opened the public hearing continuation for 5 Hatfield Hill Road at 8:29 p.m. The hearing originally opened on April 12, 2010.
Chair Goldberg read the notice of the public hearing continuation pertaining to the application submitted by Elizabeth Garcia for her property located at 5 Hatfield Hill Road for a 9.15’ variance of the front yard setback to allow a 30.85’ front yard setback for the construction of stairs.
Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.
Chair Goldberg stated the hearing was continued due to a missing green return receipt card.
Present to speak on behalf of the application, representing the applicant and owner of record, Elizabeth Garcia, was Mr. John Paul Garcia, P.E./L.S.
Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1F – Unclaimed letter to Kathleen Ross of 32 Hatfield Hill Road.
b) Exhibit 1G – Unclaimed letter to Francis and Clare Blatchley of 77 Carrington Road.
c) Exhibit 1H – Unclaimed letter to Candice Emerson of 27 Hatfield Hill Road.
d) Exhibit 1”I” – Unclaimed letter to Andrew and Nancy Liveton of 66 Carrington Road.
e) Exhibit 1J – As-Built Plot Plan, Lot No. 3, 27 Hatfield Hill Road, dated October 2, 1997, revised to December 10, 1997, prepared by John Paul Garcia, Bethany, Connecticut.
f) Exhibit 1K – Photograph of house located at 27 Hatfield Hill Road.
g) Exhibit 1L – Photograph of house located at Corner of Hatfield Hill Road and Sperry Road.
h) Exhibit 1M – Photograph of house located at 73 Hatfield Hill Road.
i) Exhibit 1N – Photograph of house located at 62 Hatfield Hill Road.
j) Exhibit 1”O” – Map entitled, “Proposed Site Plan, Lot No 2, 5 Hatfield Hill Rd, Bethany, CT”, dated May 13, 2004, revised to November 15, 2009, prepared by John Garcia & Associates, Bethany, Connecticut.
k) Exhibit 1P – Eight pages of building plans of the house built on 5 Hatfield Hill Road, dated October 5, 2009, prepared by DonMar Development Corp.
l) Exhibit 1Q – Page 101 from the International Building Code Book 2003, with highlighted Section R311.4.2 – Door type and size.
m) Exhibit 1R – Copy of “Provisional Certificate of Zoning Compliance and Building Certificate of Use and Occupancy for 5 Hatfield Hill Road which expires in 60 days from date of issuance on April 21, 2010.
n) Exhibit 1S – Copy of building permit application for 5 Hatfield Hill Road, dated October 9, 2009, which states in remarks “No decks or porches included in this permit. Need additional permits.”
The following Board Members stated for the record that they visited the site: Goldberg, Beardsley, Massey, Gugliotti, Buchta.
Mr. Garcia noted the following:
That this lot is predominately wetlands.
That in 2004, the applicant obtained a variance of ten feet for the front setback to build the house.
That the applicant is asking for minimal construction for the wooden stairs.
That the hardship is the fact that the lot is predominately wetlands.
In discussion, Commission members noted:
· That the house could not have been built back further due to low water table.
· That when the ten foot variance was approved, the house was proposed to be facing toward the front.
· That the applicant has three other doors that can be used to get in and out of the house.
· That the applicant’s argument is that the hardship is because the property is mostly wetlands, mostly flat and a low water table.
Present to speak at the public hearing was Robert Walsh, Town of Bethany Building Official. Mr. Walsh stated that it is not required to have a front door and if the ZBA does not approve the variance, the applicant will have to take the door out and put up a wall or window. Also, Mr. Walsh agreed with Mr. Garcia about not being able to push the house back due to bad soil conditions.
Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were none.
Chair Goldberg asked if there were any public members who would like to speak in opposition of this application. There were no comments.
There being no further discussion, at 9:46 p.m. Chair Goldberg closed the public hearing on the subject application.
PUBLIC HEARING – 29 HOP BROOK ROAD
Chair Goldberg opened the public hearing for 29 Hop Brook Road at 9:47 p.m.
Chair Goldberg read the legal notice pertaining to the public hearing for the application submitted by Wolodymyr and Natalie Iwaniew for their property located at 29 Hop Brook Road for a 44.2 foot variance to allow a 5.8 foot rear yard setback and for a 45.2 foot variance to allow a 4.8 foot side yard setback to locate a shed.
Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.
Chair Goldberg stated that the Zoning Regulations state that certified notification is required to the surrounding property owners within 100 feet of the application and that the applicant needs to provide evidence at the time of the public hearing by submitting the green return receipt cards.
Present to speak on behalf of the application was Natalie Iwaniew, applicant and owner of record. Mrs. Iwaniew noted the following:
That the lot is undersized.
That the hardship is the outcroppings of ledge and topography of land.
That she took the photographs submitted as exhibits.
Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1A – Submitted by Natalie Iwaniew, six Green Certified Mail Return Receipt Cards from Town of Bethany, 4 Hop Brook Road, 35 Hop Brook Road, 40 Hop Brook Road, 15 Hop Brook Road, 25 Hop Brook Road.
b) Exhibit 1B – Submitted by Natalie Iwaniew, eight U.S. Postal Service Certified Mail Receipts, dated April 23, 2010.
c) Exhibit 1C – Two letters acknowledging receipt of the notice for the public hearing; one signed by Man K. & Pui Y. Wong of 43 Hop Brook Road and one signed by Daniel F. Etels Merriam of 30 Hop Brook Road.
d) Exhibit 1D – One photograph of the side yard showing a slope next to Kibbee property.
e) Exhibit 1E – One photograph of the side yard next to the Kibbee property showing the septic area.
f) Exhibit 1F – One photograph of the side yard next to the Kibbee property showing a steep slope and the applicant trying to grow grass with a hay covering.
g) Exhibit 1G – One photograph of the front yard showing how the front yard slopes down to the road.
h) Exhibit 1H – One photograph of the side yard near the proposed Shed B which is next to the Marino Holdings property and also shows ledge cropping through the property.
i) Exhibit 1”I” – One photograph of the children’s play area where gas is being stored underneath.
j) Exhibit 1J – One photograph of the applicant’s basement.
k) Exhibit 1K – One photograph of the lawn mower under the deck.
l) Exhibit 1L – One photograph of the children’s play area with a large white storage container in the front.
m) Exhibit 1M – Copy of the drawing of the shed prepared by Walsh Country Store.
The following Board Members stated for the record that they visited the site: Goldberg, Beardsley, Massey, Gugliotti, Buchta.
In discussion, Commission members noted:
· That the shed will have a gravel base.
· That there is ledge cropping under children’s play area.
· That the property has steep slopes.
Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were none.
Chair Goldberg asked if there were any public members who would like to speak in opposition of this application. There were no comments.
There being no further discussion, at 10:13 p.m. Chair Goldberg closed the public hearing on the subject application.
DELIBERATION AND DECISION MAKING SESSION
Board members further discussed the application and proceeded to deliberate.
5 Hatfield Hill Road – It was moved by Goldberg and seconded by Gugliotti to grant the approval of the application submitted by Elizabeth Garcia for her property located at 5 Hatfield Hill Road and shown on Assessor’s Map #124, Lot #38-2, requesting a variance of Sections 3.4 and 4.1.B of the Bethany Zoning Regulations, specifically to grant a 4.15 foot variance of the front yard setback to allow a 35.85 foot front yard setback for the construction of stairs.
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. Special conditions and circumstances exist which are unique to the subject property and which do not affect generally the district to which it is situated. These conditions and circumstances are the wetlands and water table on the property.
2. 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.
Vote 5 to 0.
Voting for: Goldberg, Beardsley, Massey, Gugliotti, Buchta.
Unanimous approval.
29 Hop Brook Road – It was moved by Beardsley and seconded by Gugliotti to grant the approval of the application submitted by Wolodymyr and Natalie Iwaniw for their property located at 29 Hop Brook Road and shown on Assessor’s Map #102, Lot #60, requesting a variance of Sections 3.4 and 4.1.C of the Bethany Zoning Regulations, specifically to grant a 44.2’ variance of the rear yard setback to allow a 5.8’ rear yard setback and for a 45.2’ variance of the side yard setback to allow a 4.8’ side yard setback to locate a shed.
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) Special conditions and circumstances exist which are unique to the subject property and which do not affect generally the district to which it is situated. These conditions and circumstances are the topography of the land, the small lot size, and the steep slopes.
2) 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.
3) These special conditions and circumstances do not result from the actions of the applicant of the property owner.
Vote 5 to 0.
Voting for: Goldberg, Beardsley, Massey, Gugliotti, Buchta.
Unanimous approval.
ADJOURNMENT
It was moved by Gugliotti and seconded by Beardsley to adjourn the regular meeting at 10:47 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
MEETING OF MONDAY, MAY 10, 2010 Page 1 of 6
The regular meeting of the Zoning Board of Appeals was called to order at 8:26 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Board Members were present:
Carol Goldberg, Chair
Ruth Beardsley, Vice Chair
Steven Massey, Member
James Gugliotti, Member
Bradford Buchta, Alternate Member, seated as a member
Michael Hendrick, Alternate Member
Ben Rosenbloom, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Assistant Zoning Enforcement Officer
MINUTES
It was moved by Gugliotti and seconded by Massey to approve, as submitted, the minutes of the April 12, 2010, Regular Meeting.
Voting for: Goldberg, Massey, Gugliotti, Buchta.
Unanimous approval.
BILLS
It was moved by Gugliotti and seconded by Beardsley to approve the payment of a bill for $95.00, dated May 10, 2010, from Anne Sohon (Court Stenographer) for recording services for the public hearings (29 Hop Brook Road, 5 Hatfield Hill Road).
Voting for: Goldberg, Massey, Gugliotti, Buchta.
Unanimous approval.
PUBLIC HEARING – 5 HATFIELD HILL ROAD
Chair Goldberg opened the public hearing continuation for 5 Hatfield Hill Road at 8:29 p.m. The hearing originally opened on April 12, 2010.
Chair Goldberg read the notice of the public hearing continuation pertaining to the application submitted by Elizabeth Garcia for her property located at 5 Hatfield Hill Road for a 9.15’ variance of the front yard setback to allow a 30.85’ front yard setback for the construction of stairs.
Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.
Chair Goldberg stated the hearing was continued due to a missing green return receipt card.
Present to speak on behalf of the application, representing the applicant and owner of record, Elizabeth Garcia, was Mr. John Paul Garcia, P.E./L.S.
Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1F – Unclaimed letter to Kathleen Ross of 32 Hatfield Hill Road.
b) Exhibit 1G – Unclaimed letter to Francis and Clare Blatchley of 77 Carrington Road.
c) Exhibit 1H – Unclaimed letter to Candice Emerson of 27 Hatfield Hill Road.
d) Exhibit 1”I” – Unclaimed letter to Andrew and Nancy Liveton of 66 Carrington Road.
e) Exhibit 1J – As-Built Plot Plan, Lot No. 3, 27 Hatfield Hill Road, dated October 2, 1997, revised to December 10, 1997, prepared by John Paul Garcia, Bethany, Connecticut.
f) Exhibit 1K – Photograph of house located at 27 Hatfield Hill Road.
g) Exhibit 1L – Photograph of house located at Corner of Hatfield Hill Road and Sperry Road.
h) Exhibit 1M – Photograph of house located at 73 Hatfield Hill Road.
i) Exhibit 1N – Photograph of house located at 62 Hatfield Hill Road.
j) Exhibit 1”O” – Map entitled, “Proposed Site Plan, Lot No 2, 5 Hatfield Hill Rd, Bethany, CT”, dated May 13, 2004, revised to November 15, 2009, prepared by John Garcia & Associates, Bethany, Connecticut.
k) Exhibit 1P – Eight pages of building plans of the house built on 5 Hatfield Hill Road, dated October 5, 2009, prepared by DonMar Development Corp.
l) Exhibit 1Q – Page 101 from the International Building Code Book 2003, with highlighted Section R311.4.2 – Door type and size.
m) Exhibit 1R – Copy of “Provisional Certificate of Zoning Compliance and Building Certificate of Use and Occupancy for 5 Hatfield Hill Road which expires in 60 days from date of issuance on April 21, 2010.
n) Exhibit 1S – Copy of building permit application for 5 Hatfield Hill Road, dated October 9, 2009, which states in remarks “No decks or porches included in this permit. Need additional permits.”
The following Board Members stated for the record that they visited the site: Goldberg, Beardsley, Massey, Gugliotti, Buchta.
Mr. Garcia noted the following:
That this lot is predominately wetlands.
That in 2004, the applicant obtained a variance of ten feet for the front setback to build the house.
That the applicant is asking for minimal construction for the wooden stairs.
That the hardship is the fact that the lot is predominately wetlands.
In discussion, Commission members noted:
· That the house could not have been built back further due to low water table.
· That when the ten foot variance was approved, the house was proposed to be facing toward the front.
· That the applicant has three other doors that can be used to get in and out of the house.
· That the applicant’s argument is that the hardship is because the property is mostly wetlands, mostly flat and a low water table.
Present to speak at the public hearing was Robert Walsh, Town of Bethany Building Official. Mr. Walsh stated that it is not required to have a front door and if the ZBA does not approve the variance, the applicant will have to take the door out and put up a wall or window. Also, Mr. Walsh agreed with Mr. Garcia about not being able to push the house back due to bad soil conditions.
Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were none.
Chair Goldberg asked if there were any public members who would like to speak in opposition of this application. There were no comments.
There being no further discussion, at 9:46 p.m. Chair Goldberg closed the public hearing on the subject application.
PUBLIC HEARING – 29 HOP BROOK ROAD
Chair Goldberg opened the public hearing for 29 Hop Brook Road at 9:47 p.m.
Chair Goldberg read the legal notice pertaining to the public hearing for the application submitted by Wolodymyr and Natalie Iwaniew for their property located at 29 Hop Brook Road for a 44.2 foot variance to allow a 5.8 foot rear yard setback and for a 45.2 foot variance to allow a 4.8 foot side yard setback to locate a shed.
Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.
Chair Goldberg stated that the Zoning Regulations state that certified notification is required to the surrounding property owners within 100 feet of the application and that the applicant needs to provide evidence at the time of the public hearing by submitting the green return receipt cards.
Present to speak on behalf of the application was Natalie Iwaniew, applicant and owner of record. Mrs. Iwaniew noted the following:
That the lot is undersized.
That the hardship is the outcroppings of ledge and topography of land.
That she took the photographs submitted as exhibits.
Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1A – Submitted by Natalie Iwaniew, six Green Certified Mail Return Receipt Cards from Town of Bethany, 4 Hop Brook Road, 35 Hop Brook Road, 40 Hop Brook Road, 15 Hop Brook Road, 25 Hop Brook Road.
b) Exhibit 1B – Submitted by Natalie Iwaniew, eight U.S. Postal Service Certified Mail Receipts, dated April 23, 2010.
c) Exhibit 1C – Two letters acknowledging receipt of the notice for the public hearing; one signed by Man K. & Pui Y. Wong of 43 Hop Brook Road and one signed by Daniel F. Etels Merriam of 30 Hop Brook Road.
d) Exhibit 1D – One photograph of the side yard showing a slope next to Kibbee property.
e) Exhibit 1E – One photograph of the side yard next to the Kibbee property showing the septic area.
f) Exhibit 1F – One photograph of the side yard next to the Kibbee property showing a steep slope and the applicant trying to grow grass with a hay covering.
g) Exhibit 1G – One photograph of the front yard showing how the front yard slopes down to the road.
h) Exhibit 1H – One photograph of the side yard near the proposed Shed B which is next to the Marino Holdings property and also shows ledge cropping through the property.
i) Exhibit 1”I” – One photograph of the children’s play area where gas is being stored underneath.
j) Exhibit 1J – One photograph of the applicant’s basement.
k) Exhibit 1K – One photograph of the lawn mower under the deck.
l) Exhibit 1L – One photograph of the children’s play area with a large white storage container in the front.
m) Exhibit 1M – Copy of the drawing of the shed prepared by Walsh Country Store.
The following Board Members stated for the record that they visited the site: Goldberg, Beardsley, Massey, Gugliotti, Buchta.
In discussion, Commission members noted:
· That the shed will have a gravel base.
· That there is ledge cropping under children’s play area.
· That the property has steep slopes.
Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were none.
Chair Goldberg asked if there were any public members who would like to speak in opposition of this application. There were no comments.
There being no further discussion, at 10:13 p.m. Chair Goldberg closed the public hearing on the subject application.
DELIBERATION AND DECISION MAKING SESSION
Board members further discussed the application and proceeded to deliberate.
5 Hatfield Hill Road – It was moved by Goldberg and seconded by Gugliotti to grant the approval of the application submitted by Elizabeth Garcia for her property located at 5 Hatfield Hill Road and shown on Assessor’s Map #124, Lot #38-2, requesting a variance of Sections 3.4 and 4.1.B of the Bethany Zoning Regulations, specifically to grant a 4.15 foot variance of the front yard setback to allow a 35.85 foot front yard setback for the construction of stairs.
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. Special conditions and circumstances exist which are unique to the subject property and which do not affect generally the district to which it is situated. These conditions and circumstances are the wetlands and water table on the property.
2. 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.
Vote 5 to 0.
Voting for: Goldberg, Beardsley, Massey, Gugliotti, Buchta.
Unanimous approval.
29 Hop Brook Road – It was moved by Beardsley and seconded by Gugliotti to grant the approval of the application submitted by Wolodymyr and Natalie Iwaniw for their property located at 29 Hop Brook Road and shown on Assessor’s Map #102, Lot #60, requesting a variance of Sections 3.4 and 4.1.C of the Bethany Zoning Regulations, specifically to grant a 44.2’ variance of the rear yard setback to allow a 5.8’ rear yard setback and for a 45.2’ variance of the side yard setback to allow a 4.8’ side yard setback to locate a shed.
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) Special conditions and circumstances exist which are unique to the subject property and which do not affect generally the district to which it is situated. These conditions and circumstances are the topography of the land, the small lot size, and the steep slopes.
2) 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.
3) These special conditions and circumstances do not result from the actions of the applicant of the property owner.
Vote 5 to 0.
Voting for: Goldberg, Beardsley, Massey, Gugliotti, Buchta.
Unanimous approval.
ADJOURNMENT
It was moved by Gugliotti and seconded by Beardsley to adjourn the regular meeting at 10:47 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
BOARD OF FINANCE
SPECIAL MEETING
MAY 18, 2010
Page 1 of 2
Attendance: Chairman Janet Brunwin, Sally Huyser, Stephen Squinto, Chip Spear, John Grabowski, Robert Brinton Jr., First Selectwoman Derrylyn Gorski
Chairman Brunwin called the meeting to order at 7:02 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.
APPROVAL OF MINUTES
Chairman Brunwin moved a motion of approval for the minutes of the meeting of April 13, 2010. Stephen Squinto seconded the motion. The minutes were then approved on a unanimous vote without change.
Chairman Brunwin called for a motion of approval for the minutes of the special meeting of April 19, 2010. The motion of approval was moved by Stephen Squinto and seconded by Chip Spear. The minutes were then approved on a unanimous vote without change.
REPORT OF CHAIRMAN
Chairman Brunwin reported on her attendance at the Amity Financial Advisory Board meeting. Janet indicated that the vote passed to retain the $190,000 surplus for the OPEB Trust, instead of returning each town its portion of this surplus. Discussion followed.
SETTING OF MILL RATE
Chairman Brunwin called for a motion to set the mill rate for fiscal year 2010-11. Chip Spear moved to set the mill rate at 27.55 mills. John Grabowski seconded the motion. The vote was called. The vote taken was unanimous.
ELEMENTARY SCHOOL REPORT
John Grabowski reported on his attendance at the Bethany Board of Education meeting. John reported that discussion was held regarding changing the titles of Head Masters to Principal and Assistant Principal. Finalization will be discussed at future meetings on this change.
REPORT OF FIRST SELECTWOMAN
First Selectwoman Gorski is working with Alan Green, Highway Foreman on a road plan for Bethany. A date will be set for members of the Board of Selectmen and Board of Finance to take a tour of town roads. When the plan is complete, methods of financing will be studied, for a presentation to the town.
First Selectwoman Gorski reported that progress on the pavilion at Veterans Park is going well and should be completed by next week.
REVIEW OF FINANCIAL REPORTS FOR FISCAL YEAR 2009-10
The Board reviewed the financial reports for fiscal year 2009-10. No trouble areas were noted at this time.
ADJOURNMENT
Adjournment was called at 7:50 p.m. after a motion was moved by Chip Spear and seconded by Sally Huyser. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Clerk, Board of Finance
SPECIAL MEETING
MAY 18, 2010
Page 1 of 2
Attendance: Chairman Janet Brunwin, Sally Huyser, Stephen Squinto, Chip Spear, John Grabowski, Robert Brinton Jr., First Selectwoman Derrylyn Gorski
Chairman Brunwin called the meeting to order at 7:02 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.
APPROVAL OF MINUTES
Chairman Brunwin moved a motion of approval for the minutes of the meeting of April 13, 2010. Stephen Squinto seconded the motion. The minutes were then approved on a unanimous vote without change.
Chairman Brunwin called for a motion of approval for the minutes of the special meeting of April 19, 2010. The motion of approval was moved by Stephen Squinto and seconded by Chip Spear. The minutes were then approved on a unanimous vote without change.
REPORT OF CHAIRMAN
Chairman Brunwin reported on her attendance at the Amity Financial Advisory Board meeting. Janet indicated that the vote passed to retain the $190,000 surplus for the OPEB Trust, instead of returning each town its portion of this surplus. Discussion followed.
SETTING OF MILL RATE
Chairman Brunwin called for a motion to set the mill rate for fiscal year 2010-11. Chip Spear moved to set the mill rate at 27.55 mills. John Grabowski seconded the motion. The vote was called. The vote taken was unanimous.
ELEMENTARY SCHOOL REPORT
John Grabowski reported on his attendance at the Bethany Board of Education meeting. John reported that discussion was held regarding changing the titles of Head Masters to Principal and Assistant Principal. Finalization will be discussed at future meetings on this change.
REPORT OF FIRST SELECTWOMAN
First Selectwoman Gorski is working with Alan Green, Highway Foreman on a road plan for Bethany. A date will be set for members of the Board of Selectmen and Board of Finance to take a tour of town roads. When the plan is complete, methods of financing will be studied, for a presentation to the town.
First Selectwoman Gorski reported that progress on the pavilion at Veterans Park is going well and should be completed by next week.
REVIEW OF FINANCIAL REPORTS FOR FISCAL YEAR 2009-10
The Board reviewed the financial reports for fiscal year 2009-10. No trouble areas were noted at this time.
ADJOURNMENT
Adjournment was called at 7:50 p.m. after a motion was moved by Chip Spear and seconded by Sally Huyser. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Clerk, Board of Finance
Friday, May 14, 2010
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, MAY 5, 2010 Page 1 of 10
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:
Sharon Huxley, Chairman
Melissa Spear, Vice-Chairman,
John Ford IV, Member
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member
Donald Shea Jr., Alternate Member
Nellie Rabinowitz, Alternate Member, seated as a voting member, as needed.
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Assistant Enforcement Officer
Hiram Peck, Planning Consultant
APPROVAL OF MINUTES
1. It was moved by Ford and seconded by Winer to approve, as submitted, the minutes of the March 31, 2010, Special Meeting.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
2. It was moved by Winer and seconded by Shurtleff to approve the minutes of the April 7, 2010, Regular Meeting, with the following correction:
· Page 4, Last Paragraph, Last Sentence – Reads “Maps in table of context not consistent and need to be fixed.” Change to “Maps in table of contents not consistent and need to be fixed.”
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from John Paul Garcia, dated May 4, 2010, Re: 443 and 447 Fairwood Road, requesting postponement of public hearing for 30 days.
2. Letter from John Paul Garcia, dated April 29, 2010, Re: 443 Fairwood Road, Response to request of potential uses of the property.
3. Copy of Inland Wetlands Permit #1134 for 437 and 443 Fairwood Road for the site development, approved on April 26, 2010.
4. Letter from Inland Wetlands Commission, dated April 29, 2010, Re: 860 Carrington Road, No Inland Wetlands Commission action required.
5. Letter from Quinnipiack Valley Health District, dated May 3, 2010, Re: Comments from review of proposal for 860 Carrington Road, Aqua Turf Irrigation with four attachments: QVHD letter dated April 30, 2010, Aqua Turf letter dated May 3, 2010, QVHD letter dated April 23, 2010, Water Analysis Report dated April 8, 2010.
6. List submitted by Marc D’Andrea, Re: Equipment List owned by Aqua Turf Irrigation for 860 Carrington Road.
7. Letter from South Central Connecticut Regional Water Authority, dated May 4, 2010, Re: Comments from review of Application 2010-008 and 2010-009, 860 Carrington Road.
8. Email from Eugene Livshits of SCRCOG, dated April 19, 2010, Re: RPC will review proposed amendments at the RPC meeting on May 13, 2010.
9. Email from Diane Ifkovic, DEP, dated April 21, 2010, Re: Review comments from notice of draft changes to the floodplain management regulations.
10. Email from Diane Ifkovic, DEP, dated April 28, 2010, Re: FEMA Flood Maps, revised effective date.
11. Letter from Isabel Kearns, ZEO, dated May 3, 2010, Re: 3 Northrop Road, fees collected and expended.
12. Letter from Isabel Kearns, ZEO, to First Selectman, dated April 12, 2010, Re: Town Sign at Airport property.
13. Letter from Ilber Ramadani dated April 28, 2010, Re: New owner of Bethany Restaurant and Pizza of 696 Amity Road.
14. Letter from RPC to Town of Beacon Falls, dated April 12, 2010, Re: Review comments on Town of Beacon Falls proposed zoning regulation amendments.
15. Email from Eugene Livshits of SCRCOG, dated April 20, 2010, Re: Town of Cheshire proposed amendments to Town’s Zoning Code with attachment from Town of Cheshire.
BILLS
1. It was moved by Shurtleff and seconded by Spear to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for April 2010, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
2. It was moved by Shurtleff and seconded by Winer to approve the payment of a bill for $95.00, dated April 7, 2010, from John McLeod (Court Stenographer) for recording services for public hearings (draft Town Plan of Conservation and Development, 443 Fairwood Road, 63 Downs Road).
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO, reported on the following:
185 Beacon Road, Cusano – Working with Cusano’s attorney to rectify violations and Cusano’s will not comply. The ZEO distributed a draft of the Cease and Desist order to be issued for the Commission to review.
It was moved by Shurtleff and seconded by Ford to move to the items of New Business.
Unanimous approval.
NEW BUSINESS
1. 3 Northrop Road, Application #2010-010 submitted by Nadia Fainstein for a Special Exception Permit for an Accessory Apartment – Present to speak on behalf of this application was Isabel Kearns, ZEO, who prepared a letter to the Commission, dated May 3, 2010, pertaining to the application fees that were collected and expended from previous applications that were withdrawn. It was moved by Spear and seconded by Winer to approve the following ZEO recommendation:
With regard to recent applications for an accessory apartment at 3 Northrop Road, the Commission agrees with the ZEO’s determination that $247.06 should be refunded for the unused portion of Planning and Zoning Application #2009-032. Furthermore, the Commission agrees that the $360.00 Zoning Board of Appeals Application Fee be applied to the Planning and Zoning Application #2010-010, which is currently before the Commission. Unanimous approval.
It was moved by Shurtleff and seconded by Spear to schedule a public hearing date of Wednesday, June 2, 2010, for Application #2010-010 submitted by Nadia Fainstein for a Special Exception Permit for an Accessory Apartment. Unanimous approval.
PUBLIC HEARINGS
· 443 Fairwood Road, Application #2010-005 for a Special Exception Permit to locate a Commercial Auto Repair Facility, Application #2010-006 for a Site Plan for a Commercial Auto Repair Facility and Signage, Application #2010-007 for a Special Exception Permit for Outside Storage submitted by EMG Properties LLC/Nino Auto Service LLC –
At 8:02 p.m., Chairman Huxley called to order the continuation of the public hearing. The call for the public hearing was read. The hearing was opened on April 7, 2010.
Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 2A – Letter from John Paul Garcia, dated April 29, 2010, Re: 443 Fairwood Road, Response to request for an explanation of potential uses of the property.
Exhibit 2B - Copy of Inland Wetlands Permit #1134 for 437 and 443 Fairwood Road for the site development, approved on April 26, 2010.
Exhibit 2C - Letter from John Paul Garcia, dated May 4, 2010, Re: 443 and 447 Fairwood Road, requesting postponement of public hearing for 30 days.
John Paul Garcia, P.E./L.S., representing the applicant, was not present for the public hearing continuation. Mr. Garcia submitted a letter, dated May 4, 2010, requesting a 30-day postponement of the public hearing so that the legal notice could be amended to include 437 Fairwood Road.
At 7:37 p.m., it was moved by Winer and seconded by Spear to recess the public hearing on the subject application and continue it to the next regular meeting on Wednesday, June 2, 2010, in the Commission Meeting Room of the Bethany Town Hall. Unanimous.
· 860 Carrington Road, Application #2010-008 submitted by Marc D’Andrea (Aqua Turf Irrigation) for a Special Exception Permit for Outside Storage –
At 7:39 p.m., Chairman Huxley called to order the public hearing on Application #2010-008 for a Special Exception Permit for Outside Storage. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.
Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A - Letter from Inland Wetlands Commission, dated April 29, 2010, Re: 860 Carrington Road, No Inland Wetlands Commission action required.
Exhibit 1B - Letter from Quinnipiack Valley Health District, dated May 3, 2010, Re: Comments from review of proposal for 860 Carrington Road, Aqua Turf Irrigation with four attachments: QVHD letter dated April 30, 2010, Aqua Turf letter dated May 3, 2010, QVHD letter dated April 23, 2010, Water Analysis Report dated April 8, 2010.
Exhibit 1C – List submitted by Marc D’Andrea, Re: Equipment List owned by Aqua Turf Irrigation for 860 Carrington Road, with dotted items proposed to be stored outside.
Exhibit 1D - Letter from South Central Connecticut Regional Water Authority, dated May 4, 2010, Re: Comments from review of Application 2010-008 and 2010-009, 860 Carrington Road.
Exhibit 1E – Submitted by Tom Cavaliere, who was representing the applicant, one aerial photograph of the subject property, 860 Carrington Road.
Present to speak on behalf of the applicant was Mr. Tom Cavaliere of 27 Virginia Rail Drive. Mr. Cavaliere stated the applicant, Marc D’Andrea, is out of state and Mr. D’Andrea instructed Mr. Cavaliere to call him if there are any questions from the Commission.
In discussion, Commission members noted:
That the applicant will be adding arborvitaes and mesh screening.
That the Quinnipiack Valley Health District is concerned about the bacteria in the well (Exhibit 1B).
That the two portable garages are not on the site plan and therefore, will not be allowed.
That the existing metal type building will not be altered (Exhibit 1E).
That the Commission will allow outside storage from the setback to the outside of the building, which is a larger area than requested.
Chairman Huxley then asked if there were any comments from the public. There were no comments.
At 8:05 p.m., Chairman Huxley closed the public hearing on the subject application.
· Proposed amendments to the Bethany Zoning Regulations to Section 1.2-Definitions and various changes in Section 18–Floodplain Management Regulations.
At 8:06 p.m., Chairman Huxley called to order the public hearing on the proposed amendments to Section 1.2 – Definitions and various changes in Section 18 – Floodplain Management Regulations. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.
Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Email from Diane Ifkovic, DEP, dated April 21, 2010, Re: Review comments from notice of draft changes to the floodplain management regulations.
Exhibit 1B - Email from Diane Ifkovic, DEP, dated April 28, 2010, Re: FEMA Flood Maps, revised effective date.
Exhibit 1C – Email from Eugene Livshits of SCRCOG, dated April 19, 2010, Re: RPC will review proposed amendments at the RPC meeting on May 13, 2010.
In discussion, Commission members noted:
The SCC Regional Planning Commission asked if the Commission would leave the hearing record opened for their review comments. RPC Meeting scheduled for May 13, 2010.
Chairman Huxley then asked if there were any comments from the public. There were no comments.
At 8:12 p.m., Chairman Huxley recessed the public hearing on the subject application and continued it to the next regular meeting on Wednesday, June 2, 2010, in the Commission Meeting Room of the Bethany Town Hall.
OLD BUSINESS
1. 443 Fairwood Road, Application #2010-005 submitted by EMG Properties, LLC for a Special Exception Permit to locate a Commercial Auto Repair Facility – Public hearing continued to June 2, 2010. Tabled.
2. 443 Fairwood Road, Application #2010-006 submitted by EMG Properties, LLC for a Site Plan for Commercial Auto Repair Facility and Signage – Public hearing continued to June 2, 2010. Tabled.
3. 443 Fairwood Road, Application #2010-007 submitted by EMG Properties, LLC for a Special Exception Permit for Outside Storage – Public hearing continued to June 2, 2010. Tabled.
4. 860 Carrington Road, Application #2010-008 submitted by Marc D’Andrea for a Special Exception Permit for Outside Storage – Isabel Kearns, ZEO, prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Spear and seconded by Shurtleff to approve the following resolution for Application #2010-008:
Whereas, Marc D’Andrea applied on April 7, 2010, to the Bethany Planning and Zoning Commission for a Special Exception Permit for Outside Storage to operate Aqua Turf Irrigation at 860 Carrington Road;
Whereas, David Francesconi, owner of 860 Carrington Road, in a letter dated April 5, 2010, authorized Marc D’Andrea to apply to the Planning and Zoning Commission to operate Aqua Turf Irrigation from the subject property;
Whereas, the Commission opened a public hearing on this application on May 5, 2010, and the hearing was subsequently closed at the conclusion of testimony that same evening;
Whereas, the Commission, at its regular meeting of May 5, 2010, considered the application information, testimony and other pertinent information relating to a request for the Special Exception Permit for Outside Storage to operate Aqua Turf Irrigation at 860 Carrington Road;
Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;
Now Therefore, the Commission makes the following findings of fact:
1) Lynn Fox of Quinnipiack Valley Health District signed off on the back of the application form on May 3, 2010, indicating approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on May 3, 2010, indicating his approval.
3) The Commission received a letter from Ronald Walters of the South Central Connecticut Regional Water Authority, dated May 4, 2010, in which he states 1) underground fuel storage tanks and piping should be
prohibited and fuel stored on site should be kept in secondary containment and be sheltered from precipitation; 2) all vehicle and equipment servicing should be conducted indoors on an impervious surface with no discharges of fluids or chemicals to the environment; 3) harmful chemicals should be stored indoors; 4) Regional Water Authority Inspectors should be granted access during the annual inspection program.
4) The Commission received a letter dated April 29, 2010, from Patricia McGregor, Chairman for the Inland Wetlands Commission, which states that the outside storage and change of use does not pose any adverse impacts to the environment. Therefore, no Inland Wetlands Commission action is required.
Now Therefore Be It Resolved, that pursuant to Section 5.1.B of the Bethany Zoning Regulations, amended to April 7, 2010, the Bethany Planning and Zoning Commission approves the Special Exception Permit for Outside Storage to operate Aqua Turf Irrigation at 860 Carrington Road based on the submitted plan entitled “Subsurface Sewage Disposal System and Site Plan” dated January 1986 prepared by Robert L. Jones & Associates, with hand drawn revisions prepared by the applicant and submitted April 7, 2010, and as modified by the Commission to allow a greater area of outside storage. The area for outside storage shall be the area from the south side of the driveway to the southerly building line, as shown on Exhibit 1E (aerial photograph). This approval is also based on the following conditions:
No outside storage shall be placed within the 70-foot front-yard setback area.
Screening of the outside storage, as per above-referenced map, shall be in place prior to on-site outdoor storage of equipment.
Vote: 5 to 0.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
5. 860 Carrington Road, Application #2010-009 submitted by Marc D’Andrea for a Change of Use Permit – sports field and golf industry/turf construction and renovation – Isabel Kearns, ZEO, prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Ford and seconded by Shurtleff to approve the following resolution for Application #2010-009:
Whereas, Marc D’Andrea applied on April 7, 2010, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate Aqua Turf Irrigation, sports field and golf industry/turf construction and renovation, at 860 Carrington Road;
Whereas, David Francesconi, owner of 860 Carrington Road, in a letter dated April 5, 2010, authorized Marc D’Andrea to apply to the Planning and Zoning Commission to operate Aqua Turf Irrigation from the subject property;
Whereas, the Commission, at its regular meeting of May 5, 2010, considered the application information, statement of use dated April 6, 2010, testimony and other pertinent information relating to a request for the Change of Use Permit to operate Aqua Turf Irrigation at 860 Carrington Road;
Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;
Now Therefore, the Commission makes the following findings of fact:
1) Lynn Fox of Quinnipiack Valley Health District signed off on the back of the application form on May 3, 2010, indicating approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on May 3, 2010, indicating his approval.
3) The Commission received a letter from Ronald Walters of the South Central Connecticut Regional Water Authority, dated May 4, 2010, in which he states 1) underground fuel storage tanks and piping should be
prohibited and fuel stored on site should be kept in secondary containment and be sheltered from precipitation; 2) all vehicle and equipment servicing should be conducted indoors on an impervious surface with no discharges of fluids or chemicals to the environment; 3) harmful chemicals should be stored indoors; 4) Regional Water Authority Inspectors should be granted access during the annual inspection program.
4) The Commission received a letter dated April 29, 2010, from Patricia McGregor, Chairman for the Inland Wetlands Commission, which states that the outside storage and change of use does not pose any adverse impacts to the environment. Therefore, no Inland Wetlands Commission action is required.
Now Therefore Be It Resolved that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to April 7, 2010, the Bethany Planning and Zoning Commission
approves the Change of Use Permit to operate Aqua Turf Irrigation at 860 Carrington Road with the following conditions:
1) A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
2) The Fire Marshal must sign off prior to a certificate of occupancy.
Vote: 5 to 0.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
6. Proposed amendments to the Bethany Zoning Regulations to Section 1.2-Definitions and various changes in Section 18-Floodplain Management Regulations – Public hearing continued to June 2, 2010. Tabled.
7. Proposed amendment to the Bethany Zoning Regulations to add Section 5A – Permitting, Construction, Operation, Maintenance and Abandonment of Small Wind Energy Systems – Hiram Peck, Planning Consultant, to contact Mike Okrent of the Clean Energy Committee. Tabled.
8. Revised Draft of the Town Plan of Conservation and Development – Hiram Peck, Planning Consultant, will consult with a company in Hartford on layout and also, Mr. Peck will bring in at the next regular meeting some final photographs.
9. Discuss increasing application fees – Chairman Huxley stated the fees should be based on the Town’s cost to recapture expenses. Karen Walton, Assistant ZEO, to obtain information for the next regular meeting. Tabled.
10. Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.
11. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.
12. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.
13. Update on Halter Estates – Tabled.
It was moved by Spear and seconded by Shurtleff to adjourn the regular meeting at 8:30 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
REGULAR MEETING OF WEDNESDAY, MAY 5, 2010 Page 1 of 10
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:
Sharon Huxley, Chairman
Melissa Spear, Vice-Chairman,
John Ford IV, Member
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member
Donald Shea Jr., Alternate Member
Nellie Rabinowitz, Alternate Member, seated as a voting member, as needed.
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Assistant Enforcement Officer
Hiram Peck, Planning Consultant
APPROVAL OF MINUTES
1. It was moved by Ford and seconded by Winer to approve, as submitted, the minutes of the March 31, 2010, Special Meeting.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
2. It was moved by Winer and seconded by Shurtleff to approve the minutes of the April 7, 2010, Regular Meeting, with the following correction:
· Page 4, Last Paragraph, Last Sentence – Reads “Maps in table of context not consistent and need to be fixed.” Change to “Maps in table of contents not consistent and need to be fixed.”
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from John Paul Garcia, dated May 4, 2010, Re: 443 and 447 Fairwood Road, requesting postponement of public hearing for 30 days.
2. Letter from John Paul Garcia, dated April 29, 2010, Re: 443 Fairwood Road, Response to request of potential uses of the property.
3. Copy of Inland Wetlands Permit #1134 for 437 and 443 Fairwood Road for the site development, approved on April 26, 2010.
4. Letter from Inland Wetlands Commission, dated April 29, 2010, Re: 860 Carrington Road, No Inland Wetlands Commission action required.
5. Letter from Quinnipiack Valley Health District, dated May 3, 2010, Re: Comments from review of proposal for 860 Carrington Road, Aqua Turf Irrigation with four attachments: QVHD letter dated April 30, 2010, Aqua Turf letter dated May 3, 2010, QVHD letter dated April 23, 2010, Water Analysis Report dated April 8, 2010.
6. List submitted by Marc D’Andrea, Re: Equipment List owned by Aqua Turf Irrigation for 860 Carrington Road.
7. Letter from South Central Connecticut Regional Water Authority, dated May 4, 2010, Re: Comments from review of Application 2010-008 and 2010-009, 860 Carrington Road.
8. Email from Eugene Livshits of SCRCOG, dated April 19, 2010, Re: RPC will review proposed amendments at the RPC meeting on May 13, 2010.
9. Email from Diane Ifkovic, DEP, dated April 21, 2010, Re: Review comments from notice of draft changes to the floodplain management regulations.
10. Email from Diane Ifkovic, DEP, dated April 28, 2010, Re: FEMA Flood Maps, revised effective date.
11. Letter from Isabel Kearns, ZEO, dated May 3, 2010, Re: 3 Northrop Road, fees collected and expended.
12. Letter from Isabel Kearns, ZEO, to First Selectman, dated April 12, 2010, Re: Town Sign at Airport property.
13. Letter from Ilber Ramadani dated April 28, 2010, Re: New owner of Bethany Restaurant and Pizza of 696 Amity Road.
14. Letter from RPC to Town of Beacon Falls, dated April 12, 2010, Re: Review comments on Town of Beacon Falls proposed zoning regulation amendments.
15. Email from Eugene Livshits of SCRCOG, dated April 20, 2010, Re: Town of Cheshire proposed amendments to Town’s Zoning Code with attachment from Town of Cheshire.
BILLS
1. It was moved by Shurtleff and seconded by Spear to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for April 2010, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
2. It was moved by Shurtleff and seconded by Winer to approve the payment of a bill for $95.00, dated April 7, 2010, from John McLeod (Court Stenographer) for recording services for public hearings (draft Town Plan of Conservation and Development, 443 Fairwood Road, 63 Downs Road).
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO, reported on the following:
185 Beacon Road, Cusano – Working with Cusano’s attorney to rectify violations and Cusano’s will not comply. The ZEO distributed a draft of the Cease and Desist order to be issued for the Commission to review.
It was moved by Shurtleff and seconded by Ford to move to the items of New Business.
Unanimous approval.
NEW BUSINESS
1. 3 Northrop Road, Application #2010-010 submitted by Nadia Fainstein for a Special Exception Permit for an Accessory Apartment – Present to speak on behalf of this application was Isabel Kearns, ZEO, who prepared a letter to the Commission, dated May 3, 2010, pertaining to the application fees that were collected and expended from previous applications that were withdrawn. It was moved by Spear and seconded by Winer to approve the following ZEO recommendation:
With regard to recent applications for an accessory apartment at 3 Northrop Road, the Commission agrees with the ZEO’s determination that $247.06 should be refunded for the unused portion of Planning and Zoning Application #2009-032. Furthermore, the Commission agrees that the $360.00 Zoning Board of Appeals Application Fee be applied to the Planning and Zoning Application #2010-010, which is currently before the Commission. Unanimous approval.
It was moved by Shurtleff and seconded by Spear to schedule a public hearing date of Wednesday, June 2, 2010, for Application #2010-010 submitted by Nadia Fainstein for a Special Exception Permit for an Accessory Apartment. Unanimous approval.
PUBLIC HEARINGS
· 443 Fairwood Road, Application #2010-005 for a Special Exception Permit to locate a Commercial Auto Repair Facility, Application #2010-006 for a Site Plan for a Commercial Auto Repair Facility and Signage, Application #2010-007 for a Special Exception Permit for Outside Storage submitted by EMG Properties LLC/Nino Auto Service LLC –
At 8:02 p.m., Chairman Huxley called to order the continuation of the public hearing. The call for the public hearing was read. The hearing was opened on April 7, 2010.
Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 2A – Letter from John Paul Garcia, dated April 29, 2010, Re: 443 Fairwood Road, Response to request for an explanation of potential uses of the property.
Exhibit 2B - Copy of Inland Wetlands Permit #1134 for 437 and 443 Fairwood Road for the site development, approved on April 26, 2010.
Exhibit 2C - Letter from John Paul Garcia, dated May 4, 2010, Re: 443 and 447 Fairwood Road, requesting postponement of public hearing for 30 days.
John Paul Garcia, P.E./L.S., representing the applicant, was not present for the public hearing continuation. Mr. Garcia submitted a letter, dated May 4, 2010, requesting a 30-day postponement of the public hearing so that the legal notice could be amended to include 437 Fairwood Road.
At 7:37 p.m., it was moved by Winer and seconded by Spear to recess the public hearing on the subject application and continue it to the next regular meeting on Wednesday, June 2, 2010, in the Commission Meeting Room of the Bethany Town Hall. Unanimous.
· 860 Carrington Road, Application #2010-008 submitted by Marc D’Andrea (Aqua Turf Irrigation) for a Special Exception Permit for Outside Storage –
At 7:39 p.m., Chairman Huxley called to order the public hearing on Application #2010-008 for a Special Exception Permit for Outside Storage. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.
Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A - Letter from Inland Wetlands Commission, dated April 29, 2010, Re: 860 Carrington Road, No Inland Wetlands Commission action required.
Exhibit 1B - Letter from Quinnipiack Valley Health District, dated May 3, 2010, Re: Comments from review of proposal for 860 Carrington Road, Aqua Turf Irrigation with four attachments: QVHD letter dated April 30, 2010, Aqua Turf letter dated May 3, 2010, QVHD letter dated April 23, 2010, Water Analysis Report dated April 8, 2010.
Exhibit 1C – List submitted by Marc D’Andrea, Re: Equipment List owned by Aqua Turf Irrigation for 860 Carrington Road, with dotted items proposed to be stored outside.
Exhibit 1D - Letter from South Central Connecticut Regional Water Authority, dated May 4, 2010, Re: Comments from review of Application 2010-008 and 2010-009, 860 Carrington Road.
Exhibit 1E – Submitted by Tom Cavaliere, who was representing the applicant, one aerial photograph of the subject property, 860 Carrington Road.
Present to speak on behalf of the applicant was Mr. Tom Cavaliere of 27 Virginia Rail Drive. Mr. Cavaliere stated the applicant, Marc D’Andrea, is out of state and Mr. D’Andrea instructed Mr. Cavaliere to call him if there are any questions from the Commission.
In discussion, Commission members noted:
That the applicant will be adding arborvitaes and mesh screening.
That the Quinnipiack Valley Health District is concerned about the bacteria in the well (Exhibit 1B).
That the two portable garages are not on the site plan and therefore, will not be allowed.
That the existing metal type building will not be altered (Exhibit 1E).
That the Commission will allow outside storage from the setback to the outside of the building, which is a larger area than requested.
Chairman Huxley then asked if there were any comments from the public. There were no comments.
At 8:05 p.m., Chairman Huxley closed the public hearing on the subject application.
· Proposed amendments to the Bethany Zoning Regulations to Section 1.2-Definitions and various changes in Section 18–Floodplain Management Regulations.
At 8:06 p.m., Chairman Huxley called to order the public hearing on the proposed amendments to Section 1.2 – Definitions and various changes in Section 18 – Floodplain Management Regulations. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.
Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Email from Diane Ifkovic, DEP, dated April 21, 2010, Re: Review comments from notice of draft changes to the floodplain management regulations.
Exhibit 1B - Email from Diane Ifkovic, DEP, dated April 28, 2010, Re: FEMA Flood Maps, revised effective date.
Exhibit 1C – Email from Eugene Livshits of SCRCOG, dated April 19, 2010, Re: RPC will review proposed amendments at the RPC meeting on May 13, 2010.
In discussion, Commission members noted:
The SCC Regional Planning Commission asked if the Commission would leave the hearing record opened for their review comments. RPC Meeting scheduled for May 13, 2010.
Chairman Huxley then asked if there were any comments from the public. There were no comments.
At 8:12 p.m., Chairman Huxley recessed the public hearing on the subject application and continued it to the next regular meeting on Wednesday, June 2, 2010, in the Commission Meeting Room of the Bethany Town Hall.
OLD BUSINESS
1. 443 Fairwood Road, Application #2010-005 submitted by EMG Properties, LLC for a Special Exception Permit to locate a Commercial Auto Repair Facility – Public hearing continued to June 2, 2010. Tabled.
2. 443 Fairwood Road, Application #2010-006 submitted by EMG Properties, LLC for a Site Plan for Commercial Auto Repair Facility and Signage – Public hearing continued to June 2, 2010. Tabled.
3. 443 Fairwood Road, Application #2010-007 submitted by EMG Properties, LLC for a Special Exception Permit for Outside Storage – Public hearing continued to June 2, 2010. Tabled.
4. 860 Carrington Road, Application #2010-008 submitted by Marc D’Andrea for a Special Exception Permit for Outside Storage – Isabel Kearns, ZEO, prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Spear and seconded by Shurtleff to approve the following resolution for Application #2010-008:
Whereas, Marc D’Andrea applied on April 7, 2010, to the Bethany Planning and Zoning Commission for a Special Exception Permit for Outside Storage to operate Aqua Turf Irrigation at 860 Carrington Road;
Whereas, David Francesconi, owner of 860 Carrington Road, in a letter dated April 5, 2010, authorized Marc D’Andrea to apply to the Planning and Zoning Commission to operate Aqua Turf Irrigation from the subject property;
Whereas, the Commission opened a public hearing on this application on May 5, 2010, and the hearing was subsequently closed at the conclusion of testimony that same evening;
Whereas, the Commission, at its regular meeting of May 5, 2010, considered the application information, testimony and other pertinent information relating to a request for the Special Exception Permit for Outside Storage to operate Aqua Turf Irrigation at 860 Carrington Road;
Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;
Now Therefore, the Commission makes the following findings of fact:
1) Lynn Fox of Quinnipiack Valley Health District signed off on the back of the application form on May 3, 2010, indicating approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on May 3, 2010, indicating his approval.
3) The Commission received a letter from Ronald Walters of the South Central Connecticut Regional Water Authority, dated May 4, 2010, in which he states 1) underground fuel storage tanks and piping should be
prohibited and fuel stored on site should be kept in secondary containment and be sheltered from precipitation; 2) all vehicle and equipment servicing should be conducted indoors on an impervious surface with no discharges of fluids or chemicals to the environment; 3) harmful chemicals should be stored indoors; 4) Regional Water Authority Inspectors should be granted access during the annual inspection program.
4) The Commission received a letter dated April 29, 2010, from Patricia McGregor, Chairman for the Inland Wetlands Commission, which states that the outside storage and change of use does not pose any adverse impacts to the environment. Therefore, no Inland Wetlands Commission action is required.
Now Therefore Be It Resolved, that pursuant to Section 5.1.B of the Bethany Zoning Regulations, amended to April 7, 2010, the Bethany Planning and Zoning Commission approves the Special Exception Permit for Outside Storage to operate Aqua Turf Irrigation at 860 Carrington Road based on the submitted plan entitled “Subsurface Sewage Disposal System and Site Plan” dated January 1986 prepared by Robert L. Jones & Associates, with hand drawn revisions prepared by the applicant and submitted April 7, 2010, and as modified by the Commission to allow a greater area of outside storage. The area for outside storage shall be the area from the south side of the driveway to the southerly building line, as shown on Exhibit 1E (aerial photograph). This approval is also based on the following conditions:
No outside storage shall be placed within the 70-foot front-yard setback area.
Screening of the outside storage, as per above-referenced map, shall be in place prior to on-site outdoor storage of equipment.
Vote: 5 to 0.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
5. 860 Carrington Road, Application #2010-009 submitted by Marc D’Andrea for a Change of Use Permit – sports field and golf industry/turf construction and renovation – Isabel Kearns, ZEO, prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Ford and seconded by Shurtleff to approve the following resolution for Application #2010-009:
Whereas, Marc D’Andrea applied on April 7, 2010, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate Aqua Turf Irrigation, sports field and golf industry/turf construction and renovation, at 860 Carrington Road;
Whereas, David Francesconi, owner of 860 Carrington Road, in a letter dated April 5, 2010, authorized Marc D’Andrea to apply to the Planning and Zoning Commission to operate Aqua Turf Irrigation from the subject property;
Whereas, the Commission, at its regular meeting of May 5, 2010, considered the application information, statement of use dated April 6, 2010, testimony and other pertinent information relating to a request for the Change of Use Permit to operate Aqua Turf Irrigation at 860 Carrington Road;
Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;
Now Therefore, the Commission makes the following findings of fact:
1) Lynn Fox of Quinnipiack Valley Health District signed off on the back of the application form on May 3, 2010, indicating approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on May 3, 2010, indicating his approval.
3) The Commission received a letter from Ronald Walters of the South Central Connecticut Regional Water Authority, dated May 4, 2010, in which he states 1) underground fuel storage tanks and piping should be
prohibited and fuel stored on site should be kept in secondary containment and be sheltered from precipitation; 2) all vehicle and equipment servicing should be conducted indoors on an impervious surface with no discharges of fluids or chemicals to the environment; 3) harmful chemicals should be stored indoors; 4) Regional Water Authority Inspectors should be granted access during the annual inspection program.
4) The Commission received a letter dated April 29, 2010, from Patricia McGregor, Chairman for the Inland Wetlands Commission, which states that the outside storage and change of use does not pose any adverse impacts to the environment. Therefore, no Inland Wetlands Commission action is required.
Now Therefore Be It Resolved that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to April 7, 2010, the Bethany Planning and Zoning Commission
approves the Change of Use Permit to operate Aqua Turf Irrigation at 860 Carrington Road with the following conditions:
1) A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
2) The Fire Marshal must sign off prior to a certificate of occupancy.
Vote: 5 to 0.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
6. Proposed amendments to the Bethany Zoning Regulations to Section 1.2-Definitions and various changes in Section 18-Floodplain Management Regulations – Public hearing continued to June 2, 2010. Tabled.
7. Proposed amendment to the Bethany Zoning Regulations to add Section 5A – Permitting, Construction, Operation, Maintenance and Abandonment of Small Wind Energy Systems – Hiram Peck, Planning Consultant, to contact Mike Okrent of the Clean Energy Committee. Tabled.
8. Revised Draft of the Town Plan of Conservation and Development – Hiram Peck, Planning Consultant, will consult with a company in Hartford on layout and also, Mr. Peck will bring in at the next regular meeting some final photographs.
9. Discuss increasing application fees – Chairman Huxley stated the fees should be based on the Town’s cost to recapture expenses. Karen Walton, Assistant ZEO, to obtain information for the next regular meeting. Tabled.
10. Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.
11. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.
12. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.
13. Update on Halter Estates – Tabled.
It was moved by Spear and seconded by Shurtleff to adjourn the regular meeting at 8:30 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
BOARD OF SELECTMEN
APRIL 12, 2010
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Patrick Geoghagan, Rhoda Geoghagan, Randy Raddatz, John Lish, Arthur Slicer, Carol Goldberg.
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 first order of business was signing of account payable checks. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.
APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the previous meeting of March 22, 2010. The motion of approval was moved by Selectman Shea and seconded by Selectman Thornquist. The vote was called. The minutes were accepted on a unanimous vote without change.
TAX REFUNDS
Selectman Thornquist moved to refund to Clementina and John Mordecai, Sr. the sum of $121.39, to Francis Benedetto the sum of $35.91, to Judity Riosenkrantz the sum of $4.83, to Laurence and Amalya Brownstein the sum of $7.83, to Theodore Antonellis the sum of $30.85, to Toyota Motor Credit Corp the sum of $254.47 and to VW Credit Leasing the sum of $317.03 all for overpayment of taxes. Selectman Shea seconded the motion. The vote taken was unanimous.
LATICRETE NIEGHBORS UPDATE
The Laticrete neighbors were present to give an update on meetings they have had with Laticrete management. Progress has been made on the noise problem. The group inquired about progress on the noise ordinance. Attorney McSherry indicated that the information was still with the DEP for review. Randy Raddatz spoke for the group regarding their disapproval of the Laticrete sign on the silo of the building. Raddatz indicated that Laticrete would take the sign down if someone else would pay for its removal. First Selectwoman Gorski said she would taken his suggestion under advisement.
SPECIAL TOWN MEETING
Discussion was opened regarding the setting of a date for a special Town Meeting to further discuss renovations, maintenance, revenues and for the Airport Study Committee to seek funding for the Airport Hanger. Selectman Shea moved to set the date for a special Town Meeting to April 26, 2010 at 7:00 p.m. Selectman Thornquist seconded the motion. The vote taken was unanimous.
CORRESPONDENCE
Correspondence was received from the Bethany Nursery Group requesting waiving of the fee for use of the gym on May 2, 2010 for a Breakfast for Dinner PJ Hop. Selectman Thornquist moved to waive the rental fee for the Town Hall gym for the Bethany Nursery Group for May 2, 2010 and that they pay only the custodial fee for his time to the Town of Bethany. Selectman Shea seconded the motion. The vote taken was unanimous.
BUDGET 2010-11
First Selectwoman Gorski updated the Selectmen on progress of the budget for fiscal year 2010-11. First Selectwoman Groski indicated that it is a bare bone budget. The mill rate increase is half a mill if approved as prepared for the Budget Hearing.
ADJOURNMENT
Adjournment was called at 8:45 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
APRIL 12, 2010
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Patrick Geoghagan, Rhoda Geoghagan, Randy Raddatz, John Lish, Arthur Slicer, Carol Goldberg.
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 first order of business was signing of account payable checks. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.
APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the previous meeting of March 22, 2010. The motion of approval was moved by Selectman Shea and seconded by Selectman Thornquist. The vote was called. The minutes were accepted on a unanimous vote without change.
TAX REFUNDS
Selectman Thornquist moved to refund to Clementina and John Mordecai, Sr. the sum of $121.39, to Francis Benedetto the sum of $35.91, to Judity Riosenkrantz the sum of $4.83, to Laurence and Amalya Brownstein the sum of $7.83, to Theodore Antonellis the sum of $30.85, to Toyota Motor Credit Corp the sum of $254.47 and to VW Credit Leasing the sum of $317.03 all for overpayment of taxes. Selectman Shea seconded the motion. The vote taken was unanimous.
LATICRETE NIEGHBORS UPDATE
The Laticrete neighbors were present to give an update on meetings they have had with Laticrete management. Progress has been made on the noise problem. The group inquired about progress on the noise ordinance. Attorney McSherry indicated that the information was still with the DEP for review. Randy Raddatz spoke for the group regarding their disapproval of the Laticrete sign on the silo of the building. Raddatz indicated that Laticrete would take the sign down if someone else would pay for its removal. First Selectwoman Gorski said she would taken his suggestion under advisement.
SPECIAL TOWN MEETING
Discussion was opened regarding the setting of a date for a special Town Meeting to further discuss renovations, maintenance, revenues and for the Airport Study Committee to seek funding for the Airport Hanger. Selectman Shea moved to set the date for a special Town Meeting to April 26, 2010 at 7:00 p.m. Selectman Thornquist seconded the motion. The vote taken was unanimous.
CORRESPONDENCE
Correspondence was received from the Bethany Nursery Group requesting waiving of the fee for use of the gym on May 2, 2010 for a Breakfast for Dinner PJ Hop. Selectman Thornquist moved to waive the rental fee for the Town Hall gym for the Bethany Nursery Group for May 2, 2010 and that they pay only the custodial fee for his time to the Town of Bethany. Selectman Shea seconded the motion. The vote taken was unanimous.
BUDGET 2010-11
First Selectwoman Gorski updated the Selectmen on progress of the budget for fiscal year 2010-11. First Selectwoman Groski indicated that it is a bare bone budget. The mill rate increase is half a mill if approved as prepared for the Budget Hearing.
ADJOURNMENT
Adjournment was called at 8:45 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 BETHANY INLAND WETLANDS COMMISSION
REGULAR MEETING OF MONDAY, APRIL 26, 2010 Page 1 of 9
The regular meeting of the Inland Wetlands 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:
Patricia McGregor, Chairman
Alexandra Breslin, Vice-Chairman
Brian Smith, Alternate Member, seated as a voting member.
Kristine Sullivan, Alternate Member, seated as a voting member.
The following members of the Commission were absent or excused:
Jack Ellison, Member
Jon Painter, Member
John Kane, Member
Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer
Karen Walton, Assistant Inland Wetlands Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Sullivan and seconded by Smith to approve, the minutes of the March 22, 2010, Regular Meeting as corrected:
Page 2, Under Public Hearing, First Paragraph, First Sentence – Reads “At 8:15 p.m., Chairman McGregor called to order the public hearing on the revised regulations.” Change to “At 8:15 p.m., Chairman McGregor called to order the public hearing on the subject application.”
Voting for: McGregor, Sullivan, Breslin.
Unanimous approval.
BILLS
1. It was moved by Smith and seconded by Breslin to approve the payment of a bill for $95.00, dated April 26, 2010, from Anne Sohon (Court Stenographer) for recording services for the public hearing (437 and 443 Fairwood Road).
Unanimous approval.
2. It was moved by Smith and seconded by Breslin to approve the payment of a bill for $45.00, dated April 26, 2010, from Anne Sohon (Court Stenographer) for duplicating tapes of the Inland Wetlands Meeting on April 26, 2010.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Diversified Technology Consultants, dated April 24, 2010, Re: Comments from review of revised plans and materials for 437 and 443 Fairwood Road.
2. Letter from Planning and Zoning Commission, dated April 22, 2010, Re: Proposed amendments to Bethany Floodplain Management Regulations.
3. Copy of letter from Regional Water Authority to PZC, dated April 6, 2010, Re: Review of revised Town Plan of Conservation and Development.
4. Letter from Land-Tech Consultants, Inc., dated March 18, 2010, Re: Erosion and Sediment Control of Stormwater Management Monitoring.
PUBLICATIONS AND WORKSHOPS
1. Land Use Academy Basic Training, May 22, UConn Storrs Campus.
2. Booklet “Backyard Stream and Pond Buffers”.
3. Connecticut Wildlife, March/April 2010.
4. The Habitat, A newsletter of the Connecticut Association of Conservation and Inland Wetlands Commissions, Inc., Spring 2010.
PUBLIC HEARING
· 437 and 443 Fairwood Road, Application 1134 submitted by EMG Properties for an IW Permit for the construction of a new industrial building, septic system, well, driveway, parking and stormwater management system -
At 8:07 p.m., Chairman McGregor called to order the public hearing continuation on the subject application. The hearing was opened on March 22, 2010. The notice for the public hearing continuation was read.
Isabel Kearns, IWEO, stated the Diversified Technology Consultants submitted a letter dated February 22, 2010, in which Mr. John Paul Garcia, P.E./L.S., representing the applicants, addressed their concerns and now Diversified Technology Consultants resubmitted a letter dated April 24, 2010, in response to the changes that were on the plans in front of the Commission this evening. Ms. Kearns stated her concerns as follows: pollution of the bog from car leakage, this application is not for Lot 12A, the stormwater management system should be the first order of construction and the lot line revision is to be filed on the Land Records.
Chairman McGregor noted that the Commission has received the following item relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 2A – Letter from Diversified Technology Consultants, dated April 24, 2010, Re: Comments on revised plans for 437 and 443 Fairwood Road.
Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the owner of record who was also present, William Grieger.
Mr. Garcia reviewed with the Commission the letter from Diversified Technology Consultants, dated April 24, 2010.
In discussion, Commission members noted:
That a condition of approval shall be to locate Conservation Area Signs.
That the full cutoff lighting should be directed away from the wetlands.
That a bond estimate should be provided for erosion controls and for the stormwater management system.
That the Commission would like the Inland Wetlands Enforcement Officer to be present when the test hole is dug prior to the basin construction as mentioned in Item #11 of the Diversified Technology Consultant letter, dated April 24, 2010.
Chairman McGregor then asked if there were any comments from the public. There were no comments.
At 8:43 p.m., it was moved by Smith and seconded by Sullivan to close the public hearing on the subject application. Unanimous approval.
NEW BUSINESS
1. 245 Beacon Road, Application #1145 submitted by Erik Scott, Life Scout, Troop 59 for an IW Permit for the placement of 4 benches at Veterans Memorial Park (Eagle Project)
Present to speak on behalf of the application was Erik Scott, Life Scout, Troop 59. Mr. Scott submitted a letter requesting a waiver of the fees for the proposed project. It was moved by Sullivan and seconded by Smith to waive the fees pursuant to the Code of the Town of Bethany, Connecticut, Chapter 129-3, since this is a Boy Scout Eagle Project that will benefit the Town of Bethany. Unanimous approval.
Commission members briefly discussed the proposed project and proceeded to deliberate. It was moved Sullivan and seconded by Breslin that the Inland Wetlands Commission delegate to its duly authorized agent, Isabel Kearns, the authority to approve Application #1145 submitted by Erik Scott for an Inland Wetlands Permit for the placement of 4 benches at the Veterans Memorial Park, 245 Beacon Road, which will result in no greater than a minimal impact on any wetlands or watercourses. Unanimous approval.
2. 21 Hinman Road, Application #1146 submitted by David Sembiante for an IW Permit for the construction of a 20’ X 20’ garage addition
The Commission formally received the application. Present to speak on behalf of the application was David Sembiante, Applicant and Owner of Record.
Commission members reviewed the plan submitted noting the location of the proposed garage and the wetlands, which are approximately 80 to 100 feet away from the proposed activity.
Mr. Sembiante reviewed the proposed project noting:
· That the roof drainage will be drained into the surface and that the property slopes to a gentle grade.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, May 24, 2010. Tabled.
OLD BUSINESS
1. 11 Split Rock Road, Application #1144 submitted by John M. Lightfoot for an IW Permit to construct an Addition 3 Season Room –
No one was present to speak on behalf of the application. Commission members briefly discussed the proposed project and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application #1144 submitted by John M. Lightfoot for an Inland Wetlands Permit to construct a 14’ by 16’ Three Season Room Addition located at 11 Split Rock Road, in accordance with the submitted plan entitled, “Maude Residence, 11 Split Rock, Bethany” submitted March 19, 2010, with hand drawn revisions prepared by the applicant and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that the use of the Techno Post System shall cause none or minimal impact on the wetlands. Unanimous approval.
2. 437 and 443 Fairwood Road, Application #1134 submitted by EMG Properties, William Grieger for an IW Permit for the construction of a new building, septic, well, driveway, parking and drainage system – The Commission discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application #1134 submitted by EMG Properties for an Inland Wetlands Permit for the construction of a new building, septic, well, driveway, parking and stormwater management system in
accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
1. “Existing Conditions Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-1.
2. “Lot Line Revision Plan”, dated December 12, 2009, revised to February 17, 2010, Drawing No. C-2.
3. “Site Development Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-3.
4. “Site Development Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-4.
5. “Typical Details”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-6.
6. “Typical Details”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-7.
7. “Typical Details”, dated February 3, 2010, with no revisions, Drawing No. C-8.
And is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
(A) This approval is solely as it relates to the development of Lots 13B and 13A. The development of Lot 12A will require a separate Permit from the Inland Wetlands Commission for its development.
(B) In accordance with the recommendation of the Commission’s Consulting Engineering Firm, Diversified Technology Consultants, in a letter to the Commission dated April 24, 2010, the approved plans shall be revised to include:
· A typical cross section of the proposed detention basin berm, which shall include an impermeable core, and
· An anti-seep collar for the outlet pipe penetrating the berm.
(C) In accordance with the recommendation of the Commission’s Consulting Engineering Firm, Diversified Technology Consultants, in a letter to the Commission dated April 24, 2010; a minimum of one test hole must be done prior to the construction of the detention basin to verify the groundwater depth at the basin location. The Commission’s Enforcement Officer shall be notified in advance of when the test hole(s) will be dug, so that she can be present when the test hole(s) are dug. A copy of the test hole results shall be provided to the Commission for its records. If, based on the test hole results, groundwater breakout is anticipated, provisions for managing the groundwater must be considered prior to construction of the basin, and furnished to the Commission for appropriate review and action. It is recommended that construction of the detention basin occur during the summer months to minimize the potential issues of groundwater breakout.
(D) The mylar of the lot line revision plan, Drawing # C-2, shall be filed on the Land Records of the Town of Bethany and shall be revised to include a note stating:
The proposed detention basin on Lot # 13B has been sized to accommodate potential future development of Lot 12A. Any future development plans for Lot 12A shall be consistent with the design assumptions presented for with Bethany Inland Wetlands Commission Permit # 1134.
(E) The Permittee shall submit a bond estimate for review and approval by the Commission’s Consulting Engineering firm for the storm water drainage construction, maintenance of sediment and erosion controls and establishment of permanent vegetative cover for the site. A bond in the approved amount shall be posted with the Commission prior to any site work being done under this permit to insure compliance with all provisions of the Town of Bethany Inland Wetlands and Watercourses Regulations and the terms, conditions and limitations established in this permit. The bond shall remain in effect until permanent vegetative cover has been established to the satisfaction of the Agency, and it has been demonstrated that storm water drainage system is functioning as designed. The bond shall be furnished in the form of a bank check.
(F) The Permittee shall submit language to the Commission for review an approval by Town Counsel, for the storm water cross easements and Maintenance Agreements. Said language shall incorporate the notes for same found on Drawing # C-7 of the Record Maps.
(G) As offered by the permittee, Conservation Area Signs shall be placed along the boundary of the wetlands at a distance of 50 to 75 feet.
(H) Exterior lighting for lots #13 A and #13 B shall conform with the locations and full cutoff lighting shown on Drawings #C-5 and #C-6.
(I) The detention basin shall be roughed in prior to construction.
This approval is being made because, as provided by the applicant, a feasible and prudent alternative to the original wetlands document as proposed has been provided so that there is no longer a wetlands crossing for the driveway; and therefore, based on the best
Engineering practices, which has been used on this plan and has been reviewed by our consulting engineer, be approved. Unanimous approval.
3. 190 Russell Road, Application #1135 submitted by the Town of Bethany, D.P.W. for an IW Permit for a cross pipe replacement – Present to speak on behalf of this application was Alan Green, Public Works Director for the Town of Bethany. Commission members discussed and proceeded to deliberate.
It was moved by Breslin and seconded by Smith to approve Application #1135 submitted by the Town of Bethany, Department of Public Works, for an Inland Wetlands Permit for a cross pipe replacement located at 190 Russell Road as
presented by the Public Works Director and other pertinent application information submitted and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that this is a necessary improvement to maintain Town roads. Unanimous approval.
4. Between 265 and 270 Wooding Hill Road, Application #1136 submitted by the Town of Bethany, D.P.W. for an IW Permit for 100 feet of new drainage on east side – Present to speak on behalf of this application was Alan Green, Public Works Director for the Town of Bethany. Commission members discussed and proceeded to deliberate.
It was moved by Breslin and seconded by Smith to approve Application #1136 submitted by the Town of Bethany, Department of Public Works, for an Inland Wetlands Permit for the installation of 100 feet of new drainage on the east side of the road between 265 and 270 Wooding Hill Road as presented by the Public Works Director, and other pertinent application information submitted including the comments from the South Central Connecticut Regional Water Authority as stated in the letter dated March 22, 2010, and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that this is a necessary improvement to maintain Town roads. Unanimous approval.
5. 30 Gaylord Mountain Road, Application #1137 submitted by the Town of Bethany, D.P.W. for an IW Permit for a cross pipe replacement – Present to speak on behalf of this application was Alan Green, Public Works Director for the Town of Bethany. Commission members discussed and proceeded to deliberate.
It was moved by Smith and seconded by Sullivan to approve Application #1137 submitted by the Town of Bethany, Department of Public Works, for an Inland Wetlands Permit for a cross pipe replacement located at 30 Gaylord Mountain Road as presented by the Public Works Director, and other pertinent application information submitted including the comments from the South Central Connecticut
Regional Water Authority as stated in the letter dated March 22, 2010, and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that this is a necessary improvement to maintain Town roads. Unanimous approval.
6. 205 Bear Hill Road, Application #1138 submitted by the Town of Bethany, D.P.W. for an IW Permit for a cross pipe replacement – Present to speak on behalf of this application was Alan Green, Public Works Director for the Town of Bethany. Commission members discussed and proceeded to deliberate.
It was moved by Smith and seconded by Sullivan to approve Application #1138 submitted by the Town of Bethany, Department of Public Works, for an Inland Wetlands Permit for a cross pipe replacement located at 205 Bear Hill Road as presented by the Public Works Director and other pertinent application information submitted, and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that this is a necessary improvement to maintain Town roads. Unanimous approval.
7. Between 94 and 108 Schaffer Road, Application #1139 submitted by the Town of Bethany, D.P.W. for an IW Permit for 200 feet upgrade pipe and catch basin – Present to speak on behalf of this application was Alan Green, Public Works Director for the Town of Bethany. Commission members discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application #1139 submitted by the Town of Bethany, Department of Public Works, for an Inland Wetlands Permit for the installation of 200 feet upgrade pipe and catch basin located between 94 and 108 Schaffer Road as presented by the Public Works Director, and other pertinent application information submitted including the comments from the South Central Connecticut Regional Water Authority as stated in the letter dated March 22, 2010, and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that this is a necessary improvement to maintain Town roads. Unanimous approval.
8. Carrington Road, south of Schilf, Application #1140 submitted by the Town of Bethany, D.P.W. for an IW Permit for 400 feet replacement pipe – Present to speak on behalf of this application was Alan Green, Public Works Director for the Town of Bethany. Commission members discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application #1140 submitted by the Town of Bethany, Department of Public Works, for an Inland Wetlands Permit for the installation of 400 feet replacement pipe located at Carrington Road, south of Schilf as presented by the Public Works Director, and
other pertinent application information submitted including the comments from the South Central Connecticut Regional Water Authority as stated in the letter dated March 22, 2010, and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that this is a necessary improvement to maintain Town roads. Unanimous approval.
WETLANDS ENFORCEMENT OFFICER’S REPORT
It was moved by Sullivan and seconded by Breslin to amend the April 26, 2010, Agenda to discuss the proposed activity at 860 Carrington Road. The Commission previously discussed the proposed new use for outside storage for a turf/landscaping business at the March 22, 2010, regular meeting. Isabel Kearns, IWEO, submitted a list from Marc D’Andrea, which listed equipment he is proposing to store outside. The Commission reviewed and directed the IWEO to prepare a letter on the Commission’s behalf to the Planning and Zoning Commission that there is no Inland Wetlands Commission action required.
It was moved by Sullivan and seconded by Smith to adjourn the regular meeting at 9:13 p.m.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
REGULAR MEETING OF MONDAY, APRIL 26, 2010 Page 1 of 9
The regular meeting of the Inland Wetlands 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:
Patricia McGregor, Chairman
Alexandra Breslin, Vice-Chairman
Brian Smith, Alternate Member, seated as a voting member.
Kristine Sullivan, Alternate Member, seated as a voting member.
The following members of the Commission were absent or excused:
Jack Ellison, Member
Jon Painter, Member
John Kane, Member
Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer
Karen Walton, Assistant Inland Wetlands Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Sullivan and seconded by Smith to approve, the minutes of the March 22, 2010, Regular Meeting as corrected:
Page 2, Under Public Hearing, First Paragraph, First Sentence – Reads “At 8:15 p.m., Chairman McGregor called to order the public hearing on the revised regulations.” Change to “At 8:15 p.m., Chairman McGregor called to order the public hearing on the subject application.”
Voting for: McGregor, Sullivan, Breslin.
Unanimous approval.
BILLS
1. It was moved by Smith and seconded by Breslin to approve the payment of a bill for $95.00, dated April 26, 2010, from Anne Sohon (Court Stenographer) for recording services for the public hearing (437 and 443 Fairwood Road).
Unanimous approval.
2. It was moved by Smith and seconded by Breslin to approve the payment of a bill for $45.00, dated April 26, 2010, from Anne Sohon (Court Stenographer) for duplicating tapes of the Inland Wetlands Meeting on April 26, 2010.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Diversified Technology Consultants, dated April 24, 2010, Re: Comments from review of revised plans and materials for 437 and 443 Fairwood Road.
2. Letter from Planning and Zoning Commission, dated April 22, 2010, Re: Proposed amendments to Bethany Floodplain Management Regulations.
3. Copy of letter from Regional Water Authority to PZC, dated April 6, 2010, Re: Review of revised Town Plan of Conservation and Development.
4. Letter from Land-Tech Consultants, Inc., dated March 18, 2010, Re: Erosion and Sediment Control of Stormwater Management Monitoring.
PUBLICATIONS AND WORKSHOPS
1. Land Use Academy Basic Training, May 22, UConn Storrs Campus.
2. Booklet “Backyard Stream and Pond Buffers”.
3. Connecticut Wildlife, March/April 2010.
4. The Habitat, A newsletter of the Connecticut Association of Conservation and Inland Wetlands Commissions, Inc., Spring 2010.
PUBLIC HEARING
· 437 and 443 Fairwood Road, Application 1134 submitted by EMG Properties for an IW Permit for the construction of a new industrial building, septic system, well, driveway, parking and stormwater management system -
At 8:07 p.m., Chairman McGregor called to order the public hearing continuation on the subject application. The hearing was opened on March 22, 2010. The notice for the public hearing continuation was read.
Isabel Kearns, IWEO, stated the Diversified Technology Consultants submitted a letter dated February 22, 2010, in which Mr. John Paul Garcia, P.E./L.S., representing the applicants, addressed their concerns and now Diversified Technology Consultants resubmitted a letter dated April 24, 2010, in response to the changes that were on the plans in front of the Commission this evening. Ms. Kearns stated her concerns as follows: pollution of the bog from car leakage, this application is not for Lot 12A, the stormwater management system should be the first order of construction and the lot line revision is to be filed on the Land Records.
Chairman McGregor noted that the Commission has received the following item relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 2A – Letter from Diversified Technology Consultants, dated April 24, 2010, Re: Comments on revised plans for 437 and 443 Fairwood Road.
Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the owner of record who was also present, William Grieger.
Mr. Garcia reviewed with the Commission the letter from Diversified Technology Consultants, dated April 24, 2010.
In discussion, Commission members noted:
That a condition of approval shall be to locate Conservation Area Signs.
That the full cutoff lighting should be directed away from the wetlands.
That a bond estimate should be provided for erosion controls and for the stormwater management system.
That the Commission would like the Inland Wetlands Enforcement Officer to be present when the test hole is dug prior to the basin construction as mentioned in Item #11 of the Diversified Technology Consultant letter, dated April 24, 2010.
Chairman McGregor then asked if there were any comments from the public. There were no comments.
At 8:43 p.m., it was moved by Smith and seconded by Sullivan to close the public hearing on the subject application. Unanimous approval.
NEW BUSINESS
1. 245 Beacon Road, Application #1145 submitted by Erik Scott, Life Scout, Troop 59 for an IW Permit for the placement of 4 benches at Veterans Memorial Park (Eagle Project)
Present to speak on behalf of the application was Erik Scott, Life Scout, Troop 59. Mr. Scott submitted a letter requesting a waiver of the fees for the proposed project. It was moved by Sullivan and seconded by Smith to waive the fees pursuant to the Code of the Town of Bethany, Connecticut, Chapter 129-3, since this is a Boy Scout Eagle Project that will benefit the Town of Bethany. Unanimous approval.
Commission members briefly discussed the proposed project and proceeded to deliberate. It was moved Sullivan and seconded by Breslin that the Inland Wetlands Commission delegate to its duly authorized agent, Isabel Kearns, the authority to approve Application #1145 submitted by Erik Scott for an Inland Wetlands Permit for the placement of 4 benches at the Veterans Memorial Park, 245 Beacon Road, which will result in no greater than a minimal impact on any wetlands or watercourses. Unanimous approval.
2. 21 Hinman Road, Application #1146 submitted by David Sembiante for an IW Permit for the construction of a 20’ X 20’ garage addition
The Commission formally received the application. Present to speak on behalf of the application was David Sembiante, Applicant and Owner of Record.
Commission members reviewed the plan submitted noting the location of the proposed garage and the wetlands, which are approximately 80 to 100 feet away from the proposed activity.
Mr. Sembiante reviewed the proposed project noting:
· That the roof drainage will be drained into the surface and that the property slopes to a gentle grade.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, May 24, 2010. Tabled.
OLD BUSINESS
1. 11 Split Rock Road, Application #1144 submitted by John M. Lightfoot for an IW Permit to construct an Addition 3 Season Room –
No one was present to speak on behalf of the application. Commission members briefly discussed the proposed project and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application #1144 submitted by John M. Lightfoot for an Inland Wetlands Permit to construct a 14’ by 16’ Three Season Room Addition located at 11 Split Rock Road, in accordance with the submitted plan entitled, “Maude Residence, 11 Split Rock, Bethany” submitted March 19, 2010, with hand drawn revisions prepared by the applicant and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that the use of the Techno Post System shall cause none or minimal impact on the wetlands. Unanimous approval.
2. 437 and 443 Fairwood Road, Application #1134 submitted by EMG Properties, William Grieger for an IW Permit for the construction of a new building, septic, well, driveway, parking and drainage system – The Commission discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application #1134 submitted by EMG Properties for an Inland Wetlands Permit for the construction of a new building, septic, well, driveway, parking and stormwater management system in
accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
1. “Existing Conditions Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-1.
2. “Lot Line Revision Plan”, dated December 12, 2009, revised to February 17, 2010, Drawing No. C-2.
3. “Site Development Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-3.
4. “Site Development Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-4.
5. “Typical Details”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-6.
6. “Typical Details”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-7.
7. “Typical Details”, dated February 3, 2010, with no revisions, Drawing No. C-8.
And is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
(A) This approval is solely as it relates to the development of Lots 13B and 13A. The development of Lot 12A will require a separate Permit from the Inland Wetlands Commission for its development.
(B) In accordance with the recommendation of the Commission’s Consulting Engineering Firm, Diversified Technology Consultants, in a letter to the Commission dated April 24, 2010, the approved plans shall be revised to include:
· A typical cross section of the proposed detention basin berm, which shall include an impermeable core, and
· An anti-seep collar for the outlet pipe penetrating the berm.
(C) In accordance with the recommendation of the Commission’s Consulting Engineering Firm, Diversified Technology Consultants, in a letter to the Commission dated April 24, 2010; a minimum of one test hole must be done prior to the construction of the detention basin to verify the groundwater depth at the basin location. The Commission’s Enforcement Officer shall be notified in advance of when the test hole(s) will be dug, so that she can be present when the test hole(s) are dug. A copy of the test hole results shall be provided to the Commission for its records. If, based on the test hole results, groundwater breakout is anticipated, provisions for managing the groundwater must be considered prior to construction of the basin, and furnished to the Commission for appropriate review and action. It is recommended that construction of the detention basin occur during the summer months to minimize the potential issues of groundwater breakout.
(D) The mylar of the lot line revision plan, Drawing # C-2, shall be filed on the Land Records of the Town of Bethany and shall be revised to include a note stating:
The proposed detention basin on Lot # 13B has been sized to accommodate potential future development of Lot 12A. Any future development plans for Lot 12A shall be consistent with the design assumptions presented for with Bethany Inland Wetlands Commission Permit # 1134.
(E) The Permittee shall submit a bond estimate for review and approval by the Commission’s Consulting Engineering firm for the storm water drainage construction, maintenance of sediment and erosion controls and establishment of permanent vegetative cover for the site. A bond in the approved amount shall be posted with the Commission prior to any site work being done under this permit to insure compliance with all provisions of the Town of Bethany Inland Wetlands and Watercourses Regulations and the terms, conditions and limitations established in this permit. The bond shall remain in effect until permanent vegetative cover has been established to the satisfaction of the Agency, and it has been demonstrated that storm water drainage system is functioning as designed. The bond shall be furnished in the form of a bank check.
(F) The Permittee shall submit language to the Commission for review an approval by Town Counsel, for the storm water cross easements and Maintenance Agreements. Said language shall incorporate the notes for same found on Drawing # C-7 of the Record Maps.
(G) As offered by the permittee, Conservation Area Signs shall be placed along the boundary of the wetlands at a distance of 50 to 75 feet.
(H) Exterior lighting for lots #13 A and #13 B shall conform with the locations and full cutoff lighting shown on Drawings #C-5 and #C-6.
(I) The detention basin shall be roughed in prior to construction.
This approval is being made because, as provided by the applicant, a feasible and prudent alternative to the original wetlands document as proposed has been provided so that there is no longer a wetlands crossing for the driveway; and therefore, based on the best
Engineering practices, which has been used on this plan and has been reviewed by our consulting engineer, be approved. Unanimous approval.
3. 190 Russell Road, Application #1135 submitted by the Town of Bethany, D.P.W. for an IW Permit for a cross pipe replacement – Present to speak on behalf of this application was Alan Green, Public Works Director for the Town of Bethany. Commission members discussed and proceeded to deliberate.
It was moved by Breslin and seconded by Smith to approve Application #1135 submitted by the Town of Bethany, Department of Public Works, for an Inland Wetlands Permit for a cross pipe replacement located at 190 Russell Road as
presented by the Public Works Director and other pertinent application information submitted and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that this is a necessary improvement to maintain Town roads. Unanimous approval.
4. Between 265 and 270 Wooding Hill Road, Application #1136 submitted by the Town of Bethany, D.P.W. for an IW Permit for 100 feet of new drainage on east side – Present to speak on behalf of this application was Alan Green, Public Works Director for the Town of Bethany. Commission members discussed and proceeded to deliberate.
It was moved by Breslin and seconded by Smith to approve Application #1136 submitted by the Town of Bethany, Department of Public Works, for an Inland Wetlands Permit for the installation of 100 feet of new drainage on the east side of the road between 265 and 270 Wooding Hill Road as presented by the Public Works Director, and other pertinent application information submitted including the comments from the South Central Connecticut Regional Water Authority as stated in the letter dated March 22, 2010, and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that this is a necessary improvement to maintain Town roads. Unanimous approval.
5. 30 Gaylord Mountain Road, Application #1137 submitted by the Town of Bethany, D.P.W. for an IW Permit for a cross pipe replacement – Present to speak on behalf of this application was Alan Green, Public Works Director for the Town of Bethany. Commission members discussed and proceeded to deliberate.
It was moved by Smith and seconded by Sullivan to approve Application #1137 submitted by the Town of Bethany, Department of Public Works, for an Inland Wetlands Permit for a cross pipe replacement located at 30 Gaylord Mountain Road as presented by the Public Works Director, and other pertinent application information submitted including the comments from the South Central Connecticut
Regional Water Authority as stated in the letter dated March 22, 2010, and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that this is a necessary improvement to maintain Town roads. Unanimous approval.
6. 205 Bear Hill Road, Application #1138 submitted by the Town of Bethany, D.P.W. for an IW Permit for a cross pipe replacement – Present to speak on behalf of this application was Alan Green, Public Works Director for the Town of Bethany. Commission members discussed and proceeded to deliberate.
It was moved by Smith and seconded by Sullivan to approve Application #1138 submitted by the Town of Bethany, Department of Public Works, for an Inland Wetlands Permit for a cross pipe replacement located at 205 Bear Hill Road as presented by the Public Works Director and other pertinent application information submitted, and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that this is a necessary improvement to maintain Town roads. Unanimous approval.
7. Between 94 and 108 Schaffer Road, Application #1139 submitted by the Town of Bethany, D.P.W. for an IW Permit for 200 feet upgrade pipe and catch basin – Present to speak on behalf of this application was Alan Green, Public Works Director for the Town of Bethany. Commission members discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application #1139 submitted by the Town of Bethany, Department of Public Works, for an Inland Wetlands Permit for the installation of 200 feet upgrade pipe and catch basin located between 94 and 108 Schaffer Road as presented by the Public Works Director, and other pertinent application information submitted including the comments from the South Central Connecticut Regional Water Authority as stated in the letter dated March 22, 2010, and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that this is a necessary improvement to maintain Town roads. Unanimous approval.
8. Carrington Road, south of Schilf, Application #1140 submitted by the Town of Bethany, D.P.W. for an IW Permit for 400 feet replacement pipe – Present to speak on behalf of this application was Alan Green, Public Works Director for the Town of Bethany. Commission members discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application #1140 submitted by the Town of Bethany, Department of Public Works, for an Inland Wetlands Permit for the installation of 400 feet replacement pipe located at Carrington Road, south of Schilf as presented by the Public Works Director, and
other pertinent application information submitted including the comments from the South Central Connecticut Regional Water Authority as stated in the letter dated March 22, 2010, and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that this is a necessary improvement to maintain Town roads. Unanimous approval.
WETLANDS ENFORCEMENT OFFICER’S REPORT
It was moved by Sullivan and seconded by Breslin to amend the April 26, 2010, Agenda to discuss the proposed activity at 860 Carrington Road. The Commission previously discussed the proposed new use for outside storage for a turf/landscaping business at the March 22, 2010, regular meeting. Isabel Kearns, IWEO, submitted a list from Marc D’Andrea, which listed equipment he is proposing to store outside. The Commission reviewed and directed the IWEO to prepare a letter on the Commission’s behalf to the Planning and Zoning Commission that there is no Inland Wetlands Commission action required.
It was moved by Sullivan and seconded by Smith to adjourn the regular meeting at 9:13 p.m.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
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