MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, DE

 

The regular meeting of the Inland Wetlands Commission was called to order at 7:31 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

The following members of the Commission were present:

         Kristine Sullivan, Chairman

         Brian Smith, Vice-Chairman

         Roger Hathaway, Member

         Charles Clark, Alternate Member, seated as voting member

 

The following members of the Commission were excused:

        Rob Huxley, Member

        Nancy Scanlon, Member

   

 

 

NEW BUSINESS 

 

1. MESA DRIVE, Application #1299 submitted by James W. Woodward for an IW Permit for a Three-Lot Subdivision –

 

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

 

The Commission briefly reviewed the revised plans submitted with the new application and would like the Project Engineer to present the application at the next regular meeting on January 22, 2017.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, January 22, 2018.  Tabled.

 

 

 

PUBLIC HEARING

MESA DRIVE, Application #1293 submitted by James W. Woodward for an IW Permit for a Four-Lot Subdivision –

 

Mr. Woodward submitted a letter dated December 13, 2017, Re:  Withdrawing Application #1293 for a Four-Lot Subdivision. 

 

 

 

 

 

 

 

 

 

 

OLD BUSINESS

 

1. 88 Cheshire Road, Application #1298 submitted by Robert Rohloff for an Inland Wetlands Permit to replace pipe under driveway with same size pipe and fill along driveway –

 

No one was present to speak on behalf of the application.  Commission members discussed and proceeded to deliberate.

 

It was moved by Smith and seconded by Clark to approve Application #1298 submitted by Robert Rohloff for an Inland Wetlands Permit to replace the pipe under the driveway with the same size pipe and fill along the driveway for the property located at 88 Cheshire Road as presented in the application, testimony and in accordance with the plan submitted on November 9, 2017.

 

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

1. The applicant shall place on the eastside of the embankment additional rip rap to stabilize the slope at the edge of the driveway.

 

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

Vote 4 to 0.

Voting for:  Sullivan, Smith, Hathaway, Clark.

Unanimous approval.

 

 

1. Mesa Drive, Application #1293 submitted by James W. Woodward for an IW Permit for a 4-Lot Subdivision –  Application withdrawn.   Tabled.

 

 

1. 667 Amity Road, Application #1294, submitted by 667 Amity Road, LLC for a Stormwater Management Plan –

 

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

 

The Commission received a letter from Diversified Technology Consultants, dated   December 15, 2017, Re:  Final comments on review of Application #1294 for 667 Amity Road.  Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Smith to approve Application #1294 submitted by 667 Amity Road for an Inland Wetlands Permit for a Stormwater Management Plan for the property located at 667 Amity Road as presented in the application, testimony and in accordance with the following submitted plan prepared by John Paul Garcia, P.E./L.S., Bethany, Connecticut:

1. “Existing Conditions Map”, dated February 3, 2016, with no revisions, Drawing No. C-1.
2. “Site Development Plan”, dated February 3, 2016, revised to June 26, 2017, Drawing No. C-2.

 

 

1. “Erosion and Sediment Control Plan”, dated February 3, 2016, revised to    August 22, 2017, Drawing No. C-3.
2. “Stormwater Management and Layout Plan”, dated February 3, 2016, revised to   June 26, 2017, Drawing No. C-4.
3. “Lighting and Landscaping Plan”, dated February 3, 2016, revised to June 26, 2017, Drawing No. C-5.
4. “Lighting and Landscaping Details”, dated February 3, 2016, revised to       March 22, 2017, Drawing No. C-6.
5. “Typical Details”, dated February 3, 2016, revised to March 13, 2017, Drawing        No. C-7.
6. “Typical Details”, dated February 3, 2016, revised to April 6, 2017, Drawing   No. C-8a.
7. “C.D.O.T. Typical Details”, dated February 13, 2017, with no revisions, Drawing No. C-8b.

 

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

1. The Developer shall provide a detailed as-built of finished site conditions for review.
2. A CCTV inspection of the onsite drainage systems, with inspection extended to existing pipe outfalls in order to assess the results of the pipe cleaning efforts shall be done by the Developer and furnished to the Inland Wetlands Commission’s Consulting Engineer in order to assess the results of the pipe cleaning efforts.
3. A field meeting with Consulting Engineer after the as-built and video are submitted shall be scheduled by the Developer.
4. The Developer shall maintain all slopes with a jute mat until permanent vegetation is established.  All sediment and erosion controls shall be inspected on a regular basis and maintained as necessary.

 

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

Vote 4 to 0.

Voting for:  Sullivan, Smith, Hathaway, Clark.

Unanimous approval.

 

 

1. 667 Amity Road, Continuation of Show Cause Hearing pertaining to Cease and Desist Order, dated August 7, 2017, issued to Matthew Micros –  It was moved by Smith and seconded by Clark to release the Cease and Desist Order, dated August 7, 2017, issued to Matthew Micros.
   Vote 4 to 0.
   Voting for:  Sullivan, Smith, Hathaway, Clark.
   Unanimous approval.

 

 

1. Discussion regarding Lake at Veteran’s Memorial Park – Locations for placement of benches – Tabled.
    

 

 

 

APPROVAL OF MINUTES

 

1. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the November 27, 2017, Regular Meeting.
   Voting for:  Sullivan, Smith, Hathaway, Clark.
   Unanimous approval.

 

1. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the December 2, 2017, Special Meeting/Site Visit.
   Voting for:  Sullivan, Smith, Hathaway, Clark.
   Unanimous approval.

 

 

BILLS

1. It was moved by Sullivan and seconded by Smith to approve the payment of an invoice for $275.00, dated November 16, 2017, from Diversified Technology Consultants for Professional Services from October 1, 2017 to October 28, 2017 for properties located at 667-687 Amity Road and Mesa Drive – Lot 4.
   Voting for:  Sullivan, Smith, Hathaway, Clark.
   Unanimous approval.
    
2. It was moved by Sullivan and seconded by Smith to approve the payment of an invoice for $2,025.95, dated December 1, 2017, from Davison Environmental, LLC for Professional Services from November 18, 2017 to November 21, 2017 for properties located at Mesa Drive.
   Voting for:  Sullivan, Smith, Hathaway, Clark.
   Unanimous approval.
    

CORRESPONDENCE

 

1. Letter from James Woodward, dated December 13, 2017, Re:  Withdrawal of Application #1293 for a 4-Lot Subdivision located at Mesa Drive.
2. Email from James Woodward, dated December 15, 2017, Re:  Requesting waiver of application fees for new Application #1299 for a 3-Lot Subdivision located at Mesa Drive.
3. Letter from Al Shepard, P.E. of NOK, to IWC, dated December 8, 2017, Re:  Response to letter from Davison Environmental dated November 21, 2017, review of Application #1293 for Silsby Estates.
4. Letter from Al Shepard, P.E. of NOK, to IWEO, dated December 8, 2017, Re:  Response to review letter dated August 3, 2017.
5. Email from John Paul Garcia, P.E./L.S., dated November 29, 2017, Re:  Requesting an extension of 35 days for the IWC to act on Application #1294 for 667 Amity Road.
6. Letter from John Paul Garcia, P.E./L.S., dated December 4, 2017, Re:  Review comments on Diversified Technology Consultants letter dated October 23, 2017 for 667 Amity Road.
7. Letter from Diversified Technology Consultants, dated December 15, 2017, Re:  Final comments on review of Application #1294 for 667 Amity Road.

 

 

1. Letter from Nancy McCarthy, Town Clerk, dated November 13, 2017, Re:  2018 Regular Meeting schedule with attached draft 2018 Schedule prepared by IWC Clerk. 
    

It was moved by Smith and seconded by Clark to approve the draft 2018 Regular Meeting Schedule prepared by the IWC Clerk to be submitted to the Town Clerk.

Voting for:  Sullivan, Smith, Hathaway, Clark.

Unanimous approval.

 

 

OTHER BUSINESS

None

 

 

SCHEDULE SITE VISIT

None

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Smith and seconded by Clark to adjourn the regular meeting at 8:00 p.m.

Voting for:  Sullivan, Smith, Hathaway, Clark.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For Inland Wetlands Commission

 

 

CEMBER 18, 2017

                                                    Page 1 of 6

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF

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

 

The following Commission Members were present:

            Kimberly McClure Brinton, Chair

            Michael Calhoun, Vice-Chair

            Donna Shea, Member/Secretary

            Bob Harrison, Member

            Alex Hutchinson, Member

Brad Buchta, Alternate Member

Carol Lambiase, Alternate Member

            Eric McDonald, Alternate Member

 

Also present were:

            Hiram Peck, Planning Consultant

            Isabel Kearns, Zoning Enforcement Officer

            Kevin McSherry, Town Attorney

 

 

APPROVAL OF MINUTES                

            

1. It was moved by Calhoun  and seconded by Shea to approve, as amended, the minutes of the November 1, 2017, Regular Meeting:

• Page 5, Third Paragraph – Remove Item #2).  Repeat of Item #1.
• Page 9, Item #12. – Remove.
  Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.

      Unanimous approval.

 

1. It was moved by Calhoun and seconded by Harrison to approve, as submitted, the minutes of the November 11, 2017, Special Meeting/Site Visit.
   Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.

      Unanimous approval.

 

 

BILLS

 

1. It was moved by Calhoun and seconded by Hutchinson to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for November 2017, by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

1. It was moved by Calhoun and seconded by Shea to approve the payment of a bill for $125.00, dated for December 6, 2017; from John McLeod for recording services for the public hearing (68 Hopp Brook Road).
   Voting for:  Brinton, Calhoun, Shea, Harrison, Hutchinson.

Unanimous approval.

 

 

 

GENERAL CORRESPONDENCE

 

1. Letter from Nancy McCarthy, Town Clerk, dated November 13, 2017, Re:  2018 Regular Meeting schedule with attached draft 2018 Schedule prepared by PZC Clerk.
    

It was moved by Calhoun and seconded by Harrison to approve the draft 2018 Regular Meeting Schedule prepared by the PZC Clerk to be submitted to the Town Clerk.

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

Unanimous approval.

 

1. Letter from Isabel Kearns, ZEO, to Darren Wisniewski owner of 29 Poplar Swamp Road, dated November 17, 2017, Re:  Notice of Violation at 29 Poplar Swamp Road, discarded debris and other “junk”.

 

 

PUBLIC HEARING

 

• 68 Hopp Brook Road, Application #2017-017 submitted by Adam Lieder for a Home Occupation Permit for a tree service and to park three vehicles on the subject property –

 

At 7:18 p.m., Chair Brinton called the public hearing to order.   Roll call was taken.  Chair Brinton read the legal notice for the public hearing and reviewed the complete contents of the application file. 

 

During the course of the public hearing, Chair Brinton noted that the Commission has received the following item relative to the subject application.  Exhibit identification was assigned as noted:

1. Exhibit 1A – Submitted by Wolodymyr Iwaniv of 29 Hopp Brook Road, three handwritten papers of speech at hearing.

 

Present to speak on behalf of this application was Adam Lieder, owner of Out on the Limb Tree Service, of 75 Silvermine Road, Seymour, Connecticut.

 

During discussion, Mr. Lieder noted:

• Has been in business for 18 years.
• Would like to park 3 trucks at his future residence at 68 Hopp Brook Road.
• Is in the process of cleaning up the property located at 68 Hopp Brook Road.
• Amended Statement of Use dated October 20, 2017, to include some Saturday’s weather permitting for Hours of Operation.
• Will not sell wood on the property.
• Equipment trailing behind the truck is a trailer and chipper.
   
   
   
   
   
   
   
   

 

Letters submitted from Nancy Jansen of 60 Hopp Brook Road dated October 20, 2017 and October 25, 2017, and letter from Lodynsky Family dated October 26, 2017, were read at public hearing by Member Calhoun.

 

Chair Brinton asked if anyone from the public would like to speak in favor of the application or against the application.  The following public members spoke:

• Wolodymyr Iwaniv of 29 Hopp Brook Road.
• Nancy Jansen of 60 Hopp Brook Road.

 

Commission members conducted a site visit on November 11, 2017.

 

Some Commission members commented on the following:

• Large amount of equipment on the property.
• Property grandfathered in as commercial.
• Road is narrow but also a public road.
• ZEO to research when fence was proposed.
• Would like building inspector to look at property.

 

Hiram Peck, Planning Consultant, suggested the Commission continue the hearing to the next regular meeting to gather the information needed.

 

At 8:30 p.m., it was moved by Calhoun and seconded by Shea to recess the public hearing and continue to the next regular meeting on Wednesday, January 3, 2017, in the Commission Meeting Room of the Bethany Town Hall.

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

Unanimous approval.                                                                                                                                                                

 

 

 

511 Amity Road – First Congregational Church (First Church Burial Ground) – It was moved by Shea and seconded by Harrison to add to the agenda a Connecticut General Statute Section 8-24 Review submitted by First Selectman Derrylyn Gorski for the proposal by the First Congregational Church to convey to the Town of Bethany their 1.3 acre cemetery.

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

Unanimous approval.

 

 

 

667 Amity Road – It was moved by Calhoun and seconded by Hutchinson to add to the agenda the review of the landscaping plan for 667 Amity Road, Matt Micros.

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

Unanimous approval.

 

 

 

 

 

 

 

 

NEW BUSINESS

 

1. Connecticut General Statute Section 8-24 Review submitted by First Selectman Derrylyn Gorski for the proposal by the First Congregational Church to convey to the Town of Bethany their 1.3 acre cemetery –

 

Present to discuss this proposal was Kevin McSherry, Town Attorney.  Attorney McSherry noted the following:

• Town of Bethany approached by Church of Christ to take over responsibility of this cemetery due to lack of people to run the cemetery.
• Cemetery is in good shape.
• Town’s responsibility to maintain the cemetery and sell the graves.

 

It was moved by Calhoun and seconded by Shea that the Bethany Planning and Zoning Commission hereby finds that the proposal by the First Congregational Church to convey to the Town of Bethany their 1.3 acre cemetery is not in conflict with the Town Plan of Conservation and Development adopted November 18, 1998 and last revised August 31, 2010.

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

Unanimous approval.

 

 

1. 667 Amity Road, Soccer Fields, Matt Micros, Landscaping Plan –

 

Present for this discussion was Matt Micros, owner, and Bill of Blue Sky Landscaping, Shelton, Connecticut.

 

Bill of Blue Sky Landscaping submitted an untitled landscaping plan and discussed with Commission Members. 

 

Hiram Peck, Planning Consultant, suggested the Commission look at further and not make a quick decision.  Also the Commission would like a list of quantities and sizes of plantings.

Tabled.

 

 

OLD BUSINESS

 

1. 68 HOPP BROOK ROAD, Application #2017-017 submitted by Adam Lieder for a Home Occupation for tree service and to park 3 vehicles on property – Hearing continued to January 3, 2018.

 

1. Continue discussion regarding Accessory Apartments and other Zoning Regulations including Attainable Housing Regulation - 
    
   Hiram Peck, Planning Consultant, reviewed draft amendment for Attainable Housing Overlay Zone.  Tabled.

 

 

 

 

 

 

ZONING ENFORCEMENT OFFICER’S REPORT –

Isabel Kearns, ZEO, distributed copies of two reports she prepared as follows:

• Building Permits.
• Site Inspections from November 3, 2017 to November 21, 2017.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Calhoun and seconded by Hutchinson to adjourn the regular meeting at 9:54 p.m.

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

Unanimous approval.

 

 

 Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission

WEDNESDAY, DECEMBER 6, 2017    Page 1 of 5

Board of Selectmen

November 25, 2017

Page 1 of

2

APPROVED

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

Visitors:  Janet Brunwin, Attorney Kevin McSherry, Jim Tirrell, Janer Olofsson, Marian Olofsson, Joe Ostrum, Brian Laubstein, Paul Magda

First Selectwoman Gorski called the meeting to order at 7:35 p.m.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.  All present stood for the Pledge of Allegiance.

APPROVAL OF MINUTES

First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of November 13, 2017.  The motion of approval was moved by Selectman Shea and seconded by Selectman Hurlburt.  First Selectwoman Gorski moved to correct the spelling of Kukel to Kukiel.  The minutes were then accepted on a unanimous vote.

OTHER MATTERS PROPER TO COME BEFORE THE MEETINGT

LION’S CLUB 100TH ANNIVERSARY EVENT

Paul Magda, Janet Brunwin and Jim Tirrell were present to discuss with the Selectmen a celebration the Lions Club are planning at the Veterans Memorial Park the summer of 2018 for the 100^th Anniversary of the Lion’s Club, the exact date to be determined.  The event would be open free to all residents.  There would be food trucks, music and other activities planned.  The Selectmen discussed the event with Paul, Janet and Jim regarding parking, access to park, traffic control, extra lifeguards and miscellaneous safety issues to be worked out.

BETHANY COMMUNITY SCHOOL BUDGET AND SCHOOL RANKING ISSUES

Brian Laubstein was present to discuss with the Selectmen issues pertaining to the Bethany Community School budget and school rankings compared to Woodbridge.  He presented information he had compiled regarding the issue.  As a taxpayer he wanted answers as to why the cost per student is more than Woodbridge.  The test scores in Bethany are lower than Woodbridge even though in Woodbridge there is an average of 19 students per teacher and in Bethany the ratio is 10.3 students per teacher.  The Selectmen agreed to discuss this at a later date when additional information was available.

ATWATER ROAD CLEAN UP

The report has come back from environmental testing of the soil on Atwater Road showing the high lead levels of lead in the ground.   The present owner has applied for grants available for the cleanup.  This was caused when Olin used the land as a gun range.  The Town needs to repair Atwater Road to be in compliance with the land acquisition agreement with the Carrington family.  This cleanup would have to be done first. 

 

 

TOWN OFFICERS MEETING

The Selectmen discussed setting a date for a Town Officers meeting to be held sometime in January.  On the agenda would be the presentation of the Hazardous Mitigation Plan and acceptance for the FEMA requirements.  The date of the meeting was tentatively set for January 14, 2018.

SPECIAL TOWN MEETING

It was the consensus of the Selectmen that a Special Town Meeting could be held immediately following the Town Officers Meeting, to discuss a Noise Ordinance, acceptance of the First Church of Christ Cemetery to be Town owned and run.   The church has determined that they do not have the man power nor the funding to keep it running properly.

EXECUTIVE SESSION TO DISCUSS LAND ACQUISITION

At 8:35 p.m. Selectman Hurlburt moved to go into executive session to discuss land acquisition and to invite Attorney McSherry to stay for the session.    Selectman Shea seconded the motion. The vote taken was unanimous.  The motion to exit the executive session was made at 8:45 p.m. by Selectman Shea and seconded by Selectman Hurlburt.  The vote taken was unanimous.  Selectman Shea moved to ask  the Board of Finance  for approval to use Land Acquisition money for a Yellow Book appraisal for possible purchase of Open Space.  The motion was seconded by Selectman Hurlburt.  The vote taken was unanimous. 

ADJOURNMENT

Adjournment was called at 8:50 p.m. after a motion was move by Selectman Hurlburt and seconded by Sele4ctman Shea.  The vote was unanimous. 

 

                                                                                                                 

 

                                                                                                Respectfully submitted,

                                                                                               

                                                                                                June G. Riley

                                                                                                Secretary, Board of Selectmen