BOARD OF SELECTMEN
JULY 8, 2013
Page 1 of 3
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectwoman Aileen Magda
Visitors: Attorney Kevin McSherry joined the meeting at 8:00 pm.
The meeting of the Board of Selectmen was called to order at 7:35 pm. The meeting was held in the Conference Room of the Bethany Town Hall. Check signing was the first order of business. 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 June 24, 2013. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. The vote was called. There were two votes of approval that of Selectman Shea and First Selectwoman Gorski. Selectwoman Magda did not vote as she was not a member of the Board of Selectmen at that time.
APPOINTMENTS TO BOARDS AND COMMISSIONS
ASSESSOR
A motion was moved by Selectman Shea and seconded by First Selectwoman Gorski to appoint Mario Panagrosso to a two year term as Assessor for the Town of Bethany. The vote was called. The vote taken was unanimous.
CEMETERY COMMITTEE
A motion was moved by Selectman Shea and seconded by Selectwoman Magda to appoint William Brinton and Steven Thornquist to the Cemetery Committee. The vote was called on this motion. A unanimous vote of approval was taken.
CONSERVATION COMMISSION
As a courtesy notification to the Board of Selectmen, First Selectwoman Gorski announced that she had appointed Dorothy Seaton as an alternate to the Conservation Commission.
CONSTABLE APPOINTMENT
Selectwoman Magda moved to appoint Jason Agvent, Mark Sheppard and Mark Jazwinski as Constables for the Town of Bethany. The motion was seconded by Selectman Shea. The vote was called. The vote taken was unanimous.
FIRE POLICE
The appointment of Thomas Hunt, Thomas Hicks, and Lester Warner to be Fire Police was moved by Selectman Shea and seconded by Selectwoman Magda. The vote was called. The vote taken for approval was unanimous.
PARK AND RECREATION
The Board of Selectmen is looking for new members to appoint to the Park and Recreation Commission.
AGENT TO THE ELDERLY
On a motion moved by Selectman Shea and seconded by Aileen Magda, Jeanne DelVecchio was appointed as Agent to the Elderly. The vote taken was unanimous.
TOWN COUNCIL
A motion was moved by Selectman Shea to appoint Attorney Kevin McSherry as Town Council. The motion was seconded by Selectwoman Magda. The vote was called. Selectwoman Magda voted no and Selectman Shea abstained. First Selectwoman Gorski appointed Attorney McSherry per Town Ordinance.
TREE WARDEN
Selectman Shea moved to appoint Raymond Pantalone as Tree Warden. The motion was seconded by Selectwoman Magda. The vote taken was unanimous.
DEPUTY EMERGENCY MANAGEMENT DIRECTOR
The motion was moved by Selectman Shea and seconded by Selectwoman Magda to appoint Clark Hurlburt and Michael Katzmark as Deputy Emergency Management Directors. The vote taken was unanimous.
VETERAN’S MEMORIAL PARK PAVILION
Discussion opened regarding removal of trash from the Veteran’s Memorial Park Pavilion by renters. The Selectmen agreed that a $25 returnable deposit should be taken to insure that trash was removed to the dumpster by anyone using the pavilion. The motion was moved by Selectman Shea and seconded by Selectwoman Magda. The vote taken was unanimous.
ANY OTHER MATTER PROPER TO COME BEFORE THE MEETING
PURCHASE OF AUDIO TAPE RECORDER.
Selectwoman Magda moved to make every effort to audio tape the Board of Selectmen and Board of Finance meetings using the audio tape recorder of the Land Use Commission. The motion was seconded by Selectman Shea. The vote taken was unanimous.
Selectwoman Magda moved a motion to request funds from the Board of Finance for the purchase of an audio tape recorder to be used at both the Board of Selectmen and Board of Finance meetings. The motion was seconded by Selectman Shea. The vote taken was unanimous.
DISCUSSION OF CREATING A BIPARTISAN CHARTER COMMISSION
The Board discussed creating a Bipartisan Charter Commission to develop a Town Charter with an 18 month appointment.
ADJOURNMENT
Adjournment was called at 8:30 pm after a motion was moved by Selectman Shea and seconded by Selectwoman Magda. The vote taken was unanimous.
Respectfully submitted,
Karen Hubbell
Temporary Secretary
Tuesday, August 13, 2013
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, JULY 22, 2013 Page 1 of 7
The regular meeting of the Inland Wetlands Commission was called to order at 7:34 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:
Alexandra Breslin, Chair, arrived at 7:43 p.m.
Kristine Sullivan, Vice-Chair, was Acting-Chair until Chair Breslin’s arrival.
Brian Smith, Member
Lisa Gaw, Member
Roger Hathaway, Member, arrived at 8:16 p.m.
Mig Halpin, Alternate Member, seated until Member Hathaway’s arrival.
The following member of the Commission was absent or excused:
Eric Verab, Alternate Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
It was moved by Smith and seconded by Gaw to add Application #1202 and #1203 to the agenda for this evening. Unanimous approval.
NEW BUSINESS
1. 91 Bethway Road, Application #1202 submitted by Elizabeth Doering (Sperry View Farm LLC) for an Inland Wetlands Permit for a riding arena –
The Commission formally received the application. Present to speak on behalf of this application was Elizabeth Doering, applicant and owner of record.
Ms. Doering reviewed the proposed project noting:
• She would like to build an indoor riding arena.
• She was advised that she needed a permit for the grading.
In discussion, Commission members noted:
• Applicant is proposing to grade in the wetlands.
• Applicant submitted revised plans dated to July 19, 2013.
• Commission would like to schedule a site visit.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, August 26, 2013. Tabled.
2. 286 Bear Hill Road, Application #1203 submitted by Alfred Maiorano for an Inland Wetlands Permit to construct a barn on gravel –
The Commission formally received the application. Present to speak on behalf of this application was Alfred Maiorano, applicant and owner of record.
Mr. Maiorano reviewed the proposed project noting:
• He is proposing a 20-foot by 28-foot barn on gravel.
• He will be storing a tractor and antique car in the barn.
• Applicant stated he wasn’t planning on installing roof drains because the water will fall onto gravel.
• Applicant is willing to install footing drains if Commission would like.
In discussion, Commission members noted:
• Commission would like to schedule a site visit.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, August 26, 2013. Tabled.
OLD BUSINESS
1) 74 Amity Road, Application #1200 submitted by Chemtura Corporation for an Inland Wetlands Permit for remediation of pesticides within wetlands, via soil excavation and removal –
Present to speak on behalf of this application was Russ Dirienzo, Principal Geologist of ARCADIS representing the applicant. Also present was Ronald Walters of the South Central Connecticut Regional Water Authority.
Some members of the public were present. Mr. Dirienzo provided a brief presentation of the proposed project.
Chair Breslin noted that some Commission members were at the site visit on July 7, 2013, and members were able to follow where the main bulk of the work will be conducted.
Commission members had a concern that even though the Commission has been provided with detailed information, the applicant will be working in the wetlands and under the Inland Wetlands Regulations there is a potential for a significant impact to the wetlands on the Regional Water Authority property. The Commission would like to conduct a public hearing.
It was moved by Sullivan and seconded by Gaw to schedule a public hearing date of Monday, August 26, 2013, at 7:45 p.m. in the Commission Meeting Room of the Bethany Town Hall based on the finding by the Commission that there is a potential for a significant impact to the onsite RWA wetlands and watercourses.
Unanimous approval.
Also, the Commission would like more detailed information on the vernal pool that is being proposed.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, August 26, 2013. Tabled.
2) 1070 Amity Road, Application #1201 submitted by Third Garden Park Limited Partnership for an Inland Wetlands Permit for the installation of well and electric lines for new wells –
Present to speak on behalf of this application was Steve Trinkaus, of Trinkaus Engineering, LLC, Civil Engineers and Director of Construction for Garden Homes Management Corporation, representing Third Garden Park.
Mr. Trinkaus reviewed the proposed project noting:
• Erosion control barrier being proposed with standard siltation fence.
• Very minimal disturbance just trenching.
In discussion, Commission members noted:
• Commission would like to back up siltation fence with haybales. Applicant suggested compost wattles instead of haybales. Applicant revised site plan and dated.
Commission members discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application #1201 submitted by Third Garden Park Limited Partnership for an Inland Wetlands Permit for the installation of well and electric lines for new wells located at 1070 Amity Road as presented in the application, testimony and in accordance with the submitted plans prepared by Trinkaus Engineering, LLC of Southbury, Connecticut entitled as follows:
a) “Overall Site Plan”, dated April 10, 2013, with no revisions, Sheet 1 of 2.
b) “Site Plan of Regulated Area”, dated April 10, 2013, with hand drawn revision dated July 22, 2013, Sheet 2 of 2, to show the use of 12-inch wattles set parallel 3-feet off the silt fence which were added to the plan from the stone wall near the Connecticut Water Company property to the rise above the utility building.
This approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.
Based on the plans as submitted, which show good engineering practices, there should be minimal or no impact to the onsite wetlands and that this work should be coordinated with the Inland Wetlands Enforcement Officer so that it is completed in a dryer period.
Vote: 5 to 0.
Voting were: Breslin, Sullivan, Smith, Gaw, Hathaway.
Unanimous approval.
3) Discussion regarding Bethany West clearing. (Letter from Roman Mrozinski/Southwest Conservation District) –
Commission members reviewed the letter from Roman Mrozinski, dated November 19, 2012, and discussed his recommendations.
Commission members noted in discussion:
• The Town was clearing tall grass around perimeter of lake.
• Commission needs to issue a notice of violation stating the nature of the violation and attach a copy of the letter from Roman Mrozinski, dated November 19, 2012 and include a map with the areas marked out to be addressed.
• The Commission will schedule a site visit and take a map and mark out the areas of concern.
• The IWEO will produce a map to mark out the areas for the Commission.
• The Commission would like to engage the Conservation Commission.
Tabled.
4) Continuation of Show Cause Hearing regarding 292 Amity Road, Gombos, Cease and Desist the cutting of trees in wetlands or upland review area –
Isabel Kearns, IWEO, and Mr. Steve Gombos, owner of 292 Amity Road, prepared a “Narrative for Planting of Root Vegetable Plantings, 292 Amity Road, July 2013”. The Commission would like to revise narrative to add wording regarding Section 4.4 of the Inland Wetland Regulations.
It was moved by Smith and seconded by Sullivan to approve Mr. Gombos’ narrative with the amendment of adding the wording regarding Section 4.4 of the Town of Bethany Inland Wetlands and Watercourses Regulations and then once Mr. Gombos signs and dates the narrative, the Commission will approve the proposed activity with an authorized letter to him.
Unanimous approval.
Isabel Kearns, IWEO, to draft letter from the Inland Wetlands Commission to Mr. Gombos and then circulate to members for their review.
Tabled.
5) Discussion with David Puzone, regarding 33 Deerfield Lane, development of property –
Member Sullivan recused herself.
Isabel Kearns, IWEO, stated Mr. Puzone visited her and was questioning what the Commission wants him to do and also, Mr. Puzone was complaining that water is seeping out near the Sullivan’s property (41 Deerfield Lane).
Isabel Kearns, IWEO, and Chair Breslin started preparing a draft letter to Mr. Puzone regarding the protection of the wetlands and will complete before next meeting. Tabled.
.
6) 185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn –
Commission members reviewed the letter from Roman Mrozinski, dated November 26, 2012, and discussed his recommendations.
Commission members noted in discussion:
• The second area by the right of way that was filled was placed by the owner of the rear lot (Gaetano).
• When we do action on this, we also need to send a letter to the neighbor in back (Gaetano) to come in and review what their responsibilities are.
• Chair Breslin and Member Sullivan will draft a narrative and will distribute to Commission for review.
Tabled.
7) Continuation of Show Cause Hearing regarding Town of Bethany drainage repairs conducted in a regulated area without an Inland Wetlands Permit –
Commission members noted in discussion:
• What do we want to require the Town to do?
• Suggest have the Town pull back the pipe portion to where the turnaround ends and restore and open the channel.
• Town needs to restore the area to somewhat of its original condition.
• Need to remediate the area to slow down the flow of the water without causing further impact to the wetlands.
• The Commission would like to engage Diversified Technology Consultants to get input on how to mitigate the impact of the piping of this entire watercourse.
• The IWEO will contact DTC and check availability to meet at the site.
Tabled.
8) Update on appeal submitted by James Woodward for 46 Mesa Drive – Isabel Kearns, IWEO, stated Mr. Woodward submitted maps of a proposed agreement with the Bethany Town Attorney and Mr. Woodward’s attorney. Commission would like Town Attorney to be present to discuss this proposal in executive session. Tabled.
9) Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT – Members received a copy of the proposed amendments that Member Sullivan updated from the State’s revisions that the Commission is required to do and suggested scheduling a public hearing for the fall. Tabled.
APPROVAL OF MINUTES
1. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the June 22, 2013, Special Meeting/Site Visit.
Voting were: Breslin, Sullivan, Hathaway.
Smith abstained from vote as he was not present.
Unanimous approval.
2. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the June 24, 2013, Regular Meeting.
Voting were: Breslin, Sullivan, Smith, Gaw.
Unanimous approval.
3. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the July 7, 2013, Special Meeting/Site Visit.
Voting were: Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.
BILL
1. It was moved by Sullivan and seconded by Gaw to approve the payment of $1,500.00 to the Southwest Conservation District for Municipal Contribution – Support of natural resource conservation effort and providing information, education and technical assistance to municipal agents and private landowners of Bethany. Budget year 2013/14.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from the Southwest Conservation District, dated July 1, 2013, Re: Annual Contribution Invoice for the Budget year 2013-2014.
PUBLICATIONS
1) Connecticut Federation of Lakes, June 2013.
ENFORCEMENT OFFICER REPORTS - Tabled.
ELECTION OF OFFICERS AND APPOINTMENT OF STAFF
1. It was moved by Gaw and seconded by Hathaway that the Inland Wetlands Commission elects Alexandra Breslin as Commission Chair for the term of 2013 to June 2014. Unanimous approval.
2. It was moved by Gaw and seconded by Hathaway that the Inland Wetlands Commission elects Kristine Sullivan as Commission Vice-Chair for the term of 2013 to June 2014.
Unanimous approval.
3. It was moved by Gaw and seconded by Hathaway that the Inland Wetlands Commission appoints Antonia Marek as Commission Clerk for the term of 2013 to June 2014.
Unanimous approval.
SCHEDULE SITE VISITS
Commission members scheduled a site visit for Saturday, August 24, 2013, at 8:00 a.m. Commission members will meet at the Town Hall parking lot and proceed to 91 Bethway Road, 286 Bear Hill Road, and Bethany West (265 Beacon Road).
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Smith and seconded by Gaw to adjourn the regular meeting at 9:22 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
TOWN OF BETHANY
SCHOOL BUILDING COMMITTEE MEETING
June 4, 2013
Bethany Town Hall Selectmen’s Conference Room
PRESENT: John Paul Garcia - Committee Co-Chair
Namita Wijesekera - Committee Co-Chair
Mary Sofair – Committee Secretary
John Grabowski - Committee Member
Rob White - Committee Member
Chip Spear- Committee Member
Bill Caliendo - Committee Member
1. Call to order 7:30 PM.
2. Linda Siclari-Stewart of Logistic Estimating Service present ( Third Party Estimator). Request made for her company to give comparison of stick-built versus modular construction for proposed approx. 12,000 square foot addition as agreed to in her estimate of services. Also requested for her to give us an estimate of the cost of demolishing the annexes. (Mary Sofair arrived at 8:00PM). Presentation of proposed project given to Ms. Siclari-Stewart. Questions and answers followed. She hopes to have information to us within 2 weeks.
3. Approval of minutes. Motion to approve Building Committee minutes from May 22, 2013 by N. Wijesekera. Seconded by Bill Caliendo. Vote: JP Garcia, N. Wijesekera, M. Sofair, J. Grabowski, R. White, B. Caliendo in favor. C. Spear abstained. Motion approved.
4. Visitor Comments: Request for committee to continue process as efficiently as possible.
5. Motion to adjourn by John Paul Garcia. Second by John Grabowski . Meeting adjourned 9:20PM.
SCHOOL BUILDING COMMITTEE MEETING
June 4, 2013
Bethany Town Hall Selectmen’s Conference Room
PRESENT: John Paul Garcia - Committee Co-Chair
Namita Wijesekera - Committee Co-Chair
Mary Sofair – Committee Secretary
John Grabowski - Committee Member
Rob White - Committee Member
Chip Spear- Committee Member
Bill Caliendo - Committee Member
1. Call to order 7:30 PM.
2. Linda Siclari-Stewart of Logistic Estimating Service present ( Third Party Estimator). Request made for her company to give comparison of stick-built versus modular construction for proposed approx. 12,000 square foot addition as agreed to in her estimate of services. Also requested for her to give us an estimate of the cost of demolishing the annexes. (Mary Sofair arrived at 8:00PM). Presentation of proposed project given to Ms. Siclari-Stewart. Questions and answers followed. She hopes to have information to us within 2 weeks.
3. Approval of minutes. Motion to approve Building Committee minutes from May 22, 2013 by N. Wijesekera. Seconded by Bill Caliendo. Vote: JP Garcia, N. Wijesekera, M. Sofair, J. Grabowski, R. White, B. Caliendo in favor. C. Spear abstained. Motion approved.
4. Visitor Comments: Request for committee to continue process as efficiently as possible.
5. Motion to adjourn by John Paul Garcia. Second by John Grabowski . Meeting adjourned 9:20PM.
Friday, July 26, 2013
MINUTES OF THE BETHANY ZONING BOARD OF APPEALS SPECIAL MEETING/PUBLIC HEARING OF MONDAY, JULThe Special Meeting/Public Hearing of the Zoning Board of Appeals was called to order at 6:36 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Board Members were present:
James Seaton, Chairman
Carol Goldberg, Vice-Chair
Ruth Beardsley, Member
Lisa Gaw, Member
Walter Briggs, Member
Margaret Foley, Alternate Member
Thomas Magda, Alternate Member
The following Board Member was absent or excused:
Ryan Shea, Alternate Member
Also present was: Isabel Kearns, Zoning Enforcement Officer
Chairman Seaton read the Special Meeting Notice and the Legal Notice into the public hearing record in regard to the application submitted by Robert Weidig for a locational approval for a motor vehicle dealer located at 87 Old Amity Road. Roll call was completed.
Chairman Seaton stated that the Board needs to rescind the approval which is on the Land Records for this property which was approved on April 8, 2013.
It was moved by Beardsley and seconded by Briggs to rescind the approval for Robert Weidig for the location of a motor vehicle dealer and repairer located at 87 Old Amity Road that was granted at the meeting of April 8, 2013, and was placed on the Land Records on May 1, 2013, Volume 194, Page 197.
Vote: 5 to 0.
Voting: Seaton, Goldberg, Beardsley, Briggs, Gaw.
Unanimous approval.
Chairman Seaton then moved on to the application that was submitted by Mr. Weidig for a location approval of a motor vehicle dealer only located at 87 Old Amity Road.
Chairman Seaton noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
1) Exhibit 1A – Notice from Claire M. Jennings, owner of record – 87 Old Amity Road, dated July 19, 2013, Re: Permission for Robert Weidig to submit application and in agreement on rescinding the approval granted on April 8, 2013.
All members stated for the record that they visited the property and/or have a familiar background with the subject property.
Present to speak on behalf of the application was Robert Weidig, applicant. Mr. Weidig stated he needs this locational approval for a motor vehicle dealer only so that he can acquire his license from the State of Connecticut to tow vehicles. Mr. Weidig also stated he is mandated by the State of Connecticut to sell 3 cars per year to keep the towing license.
Isabel Kearns, Zoning Enforcement Officer, stated that she confirmed with the State of Connecticut Department of Motor Vehicles that Mr. Weidig does have to have approval for the motor vehicle dealer to be licensed as a towing business with the State of Connecticut.
The Board discussed the amount of cars to be allowed on the property with this approval. It was determined by the Board to limit the total to a maximum of eight cars on the property which combines the cars that are for sale and the storage of cars that are towed. Mr. Weidig was in agreement with this number.
Chairman Seaton asked if there were any public members who would like to speak in favor of the application. There were no comments.
Chairman Seaton asked if there were any public members who would like to speak in opposition of the application. There were no comments.
Board members proceeded to deliberate.
It was moved by Beardsley and seconded by Gaw to approve the application for motor vehicle dealer as amended with the eight car limitation at any given time for storage of towed cars or cars to be sold combined.
Unanimous approval.
Vice-Chair Goldberg mentioned the Board needs to state on the record the reasons for this approval.
It was moved by Beardsley and seconded by Goldberg to amend the motion as follows:
The Bethany Zoning Board of Appeals approves the application of Robert Weidig for the property located at 87 Old Amity Road and shown on Assessor’s Map #119, Lot #2 for Certificate of Approval for location of motor vehicle dealer with a limitation of no more than eight cars total on the property to be sold and/or stored for towing purposes at any given time.
Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings having given due consideration to the
proposed location of the proposed business in reference to schools, churches, traffic conditions, width of highway, and effect on public travel:
1) The record supports issuing the Certificate of Location approval.
2) The record before the Board demonstrates that the location is suitable for the business intended specifically the property is located in a Business and Industrial Zone and is not located near any schools, churches, theatres, playhouses or places of public gathering. The business will complement existing businesses.
Vote 5 to 0.
Voting for: Seaton, Goldberg, Beardsley, Briggs, Gaw.
Unanimous approval.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Briggs and seconded by Beardsley to adjourn the regular meeting at 6:52 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
Y 22, 2013
MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR
MEETING OF MONDAY, JULY 8, 2013 Page 1 of 5
The regular meeting of the Zoning Board of Appeals was called to order at 7:01 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, Member
Ruth Beardsley, Member
Lisa Gaw, Member
Walter Briggs, Member
James Seaton, Member
Thomas Magda, Alternate Member
Ryan Shea, Alternate Member
The following Board Member was absent or excused:
Margaret Foley, Alternate Member
Also present was: Isabel Kearns, Zoning Enforcement Officer
Kevin McSherry, Town Attorney
Member Goldberg stated that pursuant to Section 4 of the Zoning Board of Appeals Bylaws, the Board must elect officers for the term of July 1, 2013 to June 30, 2014.
ELECTION OF OFFICERS
It was moved by Briggs and seconded by Gaw to nominate James Seaton as Chairman for the Zoning Board of Appeals for the 2013 to 2014 term. Unanimous approval.
It was moved by Seaton and seconded by Gaw to nominate Carol Goldberg as Vice-Chair for the Zoning Board of Appeals for the 2013 to 2014 term. Unanimous approval.
It was moved by Beardsley and seconded by Gaw to nominate Walter Briggs as Secretary for the Zoning Board of Appeals for the 2013 to 2014 term. Unanimous approval.
MINUTES
It was moved by Goldberg and seconded by Beardsley to approve the minutes of the April 8, 2013, Regular Meeting with the following correction:
• Page 2, Second Paragraph – Reads “Isabel, Zoning Enforcement Officer,” Change to “Isabel Kearns, Zoning Enforcement Officer”.
Voting for: Goldberg, Beardsley, Gaw.
Abstained were: Briggs, Seaton for they were not present for the April 8, 2013 meeting.
Unanimous approval.
BILL
It was moved by Beardsley and seconded by Briggs to approve the payment of a bill for $105.00, dated July 8, 2013, from John McLeod for recording services for the public hearing (354 Downs Road).
Voting for: Seaton, Goldberg, Beardsley, Briggs, Gaw.
Unanimous approval.
PUBLIC HEARING – 354 DOWNS ROAD
At 7:06 p.m., Chairman Seaton opened the public hearing in regard to the application from Peter and Anne Simon for a 30-foot variance of the side yard setback to allow a 20-foot side yard setback for the construction of a two-bay detached garage located at 354 Downs Road. Roll call was completed. Chairman Seaton read the legal notice into the hearing record for the public hearing.
Chairman Seaton noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
1) Exhibit 1A – Letter from South Central Connecticut Regional Water Authority, dated July 1, 2013, Re: No comment on review of application for 354 Downs Road.
2) Exhibit 1B – Submitted by the applicant, eleven pages of the Affidavit and Certificate of Mailing with attached green cards.
3) Exhibit 1C – Submitted by the applicant, copy of court case, Mildred Merlo v. Zoning Board of Appeals of Wethersfield, Caption Date: March 18, 1996.
Member Goldberg reviewed the procedure that would be followed to conduct the public hearing.
Member Beardsley mentioned she is friendly with the applicants, Anne and Peter Simon, but stated this will not interfere with her fairness and decision.
Chairman Seaton mentioned he has known the applicant for quite a few years and that this will not interfere with his fairness and decision.
Member Gaw mentioned she is a resident of Downs Road and an employee of the Regional Water Authority and that this will not interfere with her fairness and decision.
The following Board Members stated for the record that they visited the site or have a familiar background with the property: Seaton, Goldberg, Beardsley, Briggs, Gaw.
Present to speak on behalf of the application was Peter Simon and Anne Simon, applicants and owners of record and their daughter, Kate. Mr. Simon noted the following:
• Property is 1.6 acres.
• Property has surface water issues.
• Large boulder outcropping on property.
• Drainage ditch on north side of house.
• Septic system located on south side of house.
• Neighbor David Pilon of 344 Downs Road, did not pick up certified mailing of public hearing but personally spoke to Peter Simon and has no problem with proposed garage.
• Distributed copies of case from the Town of Wethersfield for a resident who needed a variance to construct a garage.
In discussion, some Board members noted:
• Large tree near proposed garage will be taken down.
• Shed (to be removed) that is located near proposed garage is less than 4 feet from the property line.
Chairman Seaton asked if there were any public members who would like to speak in favor of the application. There were no comments.
Chairman Seaton asked if there were any public members who would like to speak in opposition of the application. There were no comments.
There being no further discussion, at 7:43 p.m. Chairman Seaton closed the public hearing on the subject application.
87 OLD AMITY ROAD
• Application submitted by Robert Weidig for revision of previous location approval dated April 8, 2013, for motor vehicle dealer and repairer at 87 Old Amity Rd.
Discussion
Member Goldberg noted that the Zoning Board of Appeals decision was made April 8, 2013 to grant a location approval for a motor vehicle dealer and repairer and now Mr. Weidig is asking to rescind the repairer part of the approval.
Mr. Weidig stated that in the State of Connecticut in order to tow vehicles you have to be a motor vehicle dealer or repairer.
Town Attorney Kevin McSherry was present to advise the Board how this application should be handled.
Town Attorney McSherry stated that when Mr. Weidig applied in April 8, 2013, he over applied and should of only asked for motor vehicle dealer. When he received approval for both, motor vehicle dealer and repairer, he created an issue with the Planning and Zoning Commission because he is required to apply for a Special Exception Permit under the Bethany Zoning Regulations. Attorney McSherry stated that if only received a motor vehicle dealer approval, he does not need a Special Exception Permit and therefore, Attorney McSherry recommended that Mr. Weidig withdraw his application in front of the Board and resubmit an application with just the motor vehicle dealer only.
Also, Attorney McSherry stated that the property owner needs to rescind the previous ZBA approval dated April 8, 2013, in a letter and the letter should be filed on the Land Records.
It was moved by Beardsley and seconded by Gaw to waive the application fee for Robert Weidig on the next application he will be submitting for a location approval for a motor vehicle dealer only. Unanimous approval.
Mr. Robert Weidig submitted a letter to withdraw the application in front of the Board, dated June 21, 2013, requesting to rescind the motor vehicle repairer approved of April 8, 2013.
The Board scheduled a Special Meeting/Public Hearing date of July 22, 2013, at 6:30 p.m. to hear Mr. Weidig’s new application he will be submitting for a location approval for a motor vehicle dealer only.
DELIBERATION AND DECISION MAKING SESSION
354 Downs Road
Board members further discussed the application and proceeded to deliberate.
It was moved by Goldberg and seconded by Briggs that the Zoning Board of Appeals grants the application of Ann and Peter Simon for the property located at 354 Downs Road and shown on Assessor’s Map #130, Lot #30 for a variance of Sections 3.4 and 4.1.C. of the Bethany Zoning Regulations which variance is as follows:
• A 30-foot variance of the side yard setback to allow a 20-foot side yard setback for the construction of a two-bay detached garage.
This 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 is filed with the Bethany Town Clerk for recording on the Bethany Land Records by the applicant or owner.
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 topography and the location of the septic system.
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: Seaton, Goldberg, Beardsley, Briggs, Gaw.
Unanimous approval.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Gaw and seconded by Beardsley to adjourn the regular meeting at 8:10 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
MEETING OF MONDAY, JULY 8, 2013 Page 1 of 5
The regular meeting of the Zoning Board of Appeals was called to order at 7:01 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, Member
Ruth Beardsley, Member
Lisa Gaw, Member
Walter Briggs, Member
James Seaton, Member
Thomas Magda, Alternate Member
Ryan Shea, Alternate Member
The following Board Member was absent or excused:
Margaret Foley, Alternate Member
Also present was: Isabel Kearns, Zoning Enforcement Officer
Kevin McSherry, Town Attorney
Member Goldberg stated that pursuant to Section 4 of the Zoning Board of Appeals Bylaws, the Board must elect officers for the term of July 1, 2013 to June 30, 2014.
ELECTION OF OFFICERS
It was moved by Briggs and seconded by Gaw to nominate James Seaton as Chairman for the Zoning Board of Appeals for the 2013 to 2014 term. Unanimous approval.
It was moved by Seaton and seconded by Gaw to nominate Carol Goldberg as Vice-Chair for the Zoning Board of Appeals for the 2013 to 2014 term. Unanimous approval.
It was moved by Beardsley and seconded by Gaw to nominate Walter Briggs as Secretary for the Zoning Board of Appeals for the 2013 to 2014 term. Unanimous approval.
MINUTES
It was moved by Goldberg and seconded by Beardsley to approve the minutes of the April 8, 2013, Regular Meeting with the following correction:
• Page 2, Second Paragraph – Reads “Isabel, Zoning Enforcement Officer,” Change to “Isabel Kearns, Zoning Enforcement Officer”.
Voting for: Goldberg, Beardsley, Gaw.
Abstained were: Briggs, Seaton for they were not present for the April 8, 2013 meeting.
Unanimous approval.
BILL
It was moved by Beardsley and seconded by Briggs to approve the payment of a bill for $105.00, dated July 8, 2013, from John McLeod for recording services for the public hearing (354 Downs Road).
Voting for: Seaton, Goldberg, Beardsley, Briggs, Gaw.
Unanimous approval.
PUBLIC HEARING – 354 DOWNS ROAD
At 7:06 p.m., Chairman Seaton opened the public hearing in regard to the application from Peter and Anne Simon for a 30-foot variance of the side yard setback to allow a 20-foot side yard setback for the construction of a two-bay detached garage located at 354 Downs Road. Roll call was completed. Chairman Seaton read the legal notice into the hearing record for the public hearing.
Chairman Seaton noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
1) Exhibit 1A – Letter from South Central Connecticut Regional Water Authority, dated July 1, 2013, Re: No comment on review of application for 354 Downs Road.
2) Exhibit 1B – Submitted by the applicant, eleven pages of the Affidavit and Certificate of Mailing with attached green cards.
3) Exhibit 1C – Submitted by the applicant, copy of court case, Mildred Merlo v. Zoning Board of Appeals of Wethersfield, Caption Date: March 18, 1996.
Member Goldberg reviewed the procedure that would be followed to conduct the public hearing.
Member Beardsley mentioned she is friendly with the applicants, Anne and Peter Simon, but stated this will not interfere with her fairness and decision.
Chairman Seaton mentioned he has known the applicant for quite a few years and that this will not interfere with his fairness and decision.
Member Gaw mentioned she is a resident of Downs Road and an employee of the Regional Water Authority and that this will not interfere with her fairness and decision.
The following Board Members stated for the record that they visited the site or have a familiar background with the property: Seaton, Goldberg, Beardsley, Briggs, Gaw.
Present to speak on behalf of the application was Peter Simon and Anne Simon, applicants and owners of record and their daughter, Kate. Mr. Simon noted the following:
• Property is 1.6 acres.
• Property has surface water issues.
• Large boulder outcropping on property.
• Drainage ditch on north side of house.
• Septic system located on south side of house.
• Neighbor David Pilon of 344 Downs Road, did not pick up certified mailing of public hearing but personally spoke to Peter Simon and has no problem with proposed garage.
• Distributed copies of case from the Town of Wethersfield for a resident who needed a variance to construct a garage.
In discussion, some Board members noted:
• Large tree near proposed garage will be taken down.
• Shed (to be removed) that is located near proposed garage is less than 4 feet from the property line.
Chairman Seaton asked if there were any public members who would like to speak in favor of the application. There were no comments.
Chairman Seaton asked if there were any public members who would like to speak in opposition of the application. There were no comments.
There being no further discussion, at 7:43 p.m. Chairman Seaton closed the public hearing on the subject application.
87 OLD AMITY ROAD
• Application submitted by Robert Weidig for revision of previous location approval dated April 8, 2013, for motor vehicle dealer and repairer at 87 Old Amity Rd.
Discussion
Member Goldberg noted that the Zoning Board of Appeals decision was made April 8, 2013 to grant a location approval for a motor vehicle dealer and repairer and now Mr. Weidig is asking to rescind the repairer part of the approval.
Mr. Weidig stated that in the State of Connecticut in order to tow vehicles you have to be a motor vehicle dealer or repairer.
Town Attorney Kevin McSherry was present to advise the Board how this application should be handled.
Town Attorney McSherry stated that when Mr. Weidig applied in April 8, 2013, he over applied and should of only asked for motor vehicle dealer. When he received approval for both, motor vehicle dealer and repairer, he created an issue with the Planning and Zoning Commission because he is required to apply for a Special Exception Permit under the Bethany Zoning Regulations. Attorney McSherry stated that if only received a motor vehicle dealer approval, he does not need a Special Exception Permit and therefore, Attorney McSherry recommended that Mr. Weidig withdraw his application in front of the Board and resubmit an application with just the motor vehicle dealer only.
Also, Attorney McSherry stated that the property owner needs to rescind the previous ZBA approval dated April 8, 2013, in a letter and the letter should be filed on the Land Records.
It was moved by Beardsley and seconded by Gaw to waive the application fee for Robert Weidig on the next application he will be submitting for a location approval for a motor vehicle dealer only. Unanimous approval.
Mr. Robert Weidig submitted a letter to withdraw the application in front of the Board, dated June 21, 2013, requesting to rescind the motor vehicle repairer approved of April 8, 2013.
The Board scheduled a Special Meeting/Public Hearing date of July 22, 2013, at 6:30 p.m. to hear Mr. Weidig’s new application he will be submitting for a location approval for a motor vehicle dealer only.
DELIBERATION AND DECISION MAKING SESSION
354 Downs Road
Board members further discussed the application and proceeded to deliberate.
It was moved by Goldberg and seconded by Briggs that the Zoning Board of Appeals grants the application of Ann and Peter Simon for the property located at 354 Downs Road and shown on Assessor’s Map #130, Lot #30 for a variance of Sections 3.4 and 4.1.C. of the Bethany Zoning Regulations which variance is as follows:
• A 30-foot variance of the side yard setback to allow a 20-foot side yard setback for the construction of a two-bay detached garage.
This 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 is filed with the Bethany Town Clerk for recording on the Bethany Land Records by the applicant or owner.
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 topography and the location of the septic system.
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: Seaton, Goldberg, Beardsley, Briggs, Gaw.
Unanimous approval.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Gaw and seconded by Beardsley to adjourn the regular meeting at 8:10 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
MINUTES OF THE LONG TERM FINANCIAL PLANNING COMMITTEE MEETING OF TUESDAY, JUNE 18, 2013 Page 1 of 2The meeting of the Long Term Financial Planning Committee commenced at 7:45 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Committee members were present:
Steve Squinto, Chairman
Chip Spear
Sharon Huxley
James Stirling
Member Aileen Magda arrived at 8:20 p.m. and departed 8:25 p.m.
Also present were: Hiram Peck, Planning Consultant
Derry Gorski, First Selectman, who arrived at 8:20 p.m.
Agenda
• Continue preparing power point presentation.
Hiram Peck submitted updated draft on slides for June.
Member Huxley distributed and reviewed various graphs with analysis of debt service, expenditures and revenues. The Committee suggested condensing graphs to one slide.
Chair Squinto noted the following:
• What is the LTFPC recommending: Some kind of economic development that is town friendly and rural.
• Continuing to draw on general fund.
• The Grand List is not growing – shrinking – post Laticrete.
• Breaking even because debt service is going down.
Hiram Peck noted the following:
• Stated the phrase “What changes can we make to stay the same?”
• Suggesting an Economic Development Study or Marketing Study after presentation completed.
Chair Squinto summarized as follows:
• The presentation will take place in September 2013.
• Sharon will consolidate to one graph showing a constant revenue line and also show a 4% increase in spending.
• One slide with a bullet point summary of what the LTFPC learned:
The Town will have to tap into the general fund for the next five years.
At the rate we have to tap in the general fund, we might be below our 10% limit.
Consequences of these few options:
o Raise taxes at an increased rate (survey indicated no).
o Cut school budget.
o Or actively engage in an Economic Development Committee.
o Assumptions are 550 for capital expenditures which means there will be a delay in key capital projects that need to be done.
o No change in capital expenditures for the next five years.
Hiram asked Committee members to send any comments they have on any of the slides.
The next meeting is scheduled for Thursday, July 25, 2013, at 7:30 p.m.
Derry Gorski, First Selectman, tentatively scheduled a date for a Town Meeting for the LTFPC presentation on Thursday, September 12, 2013.
Adjournment
There being no further discussion, the meeting was adjourned at 8:45 p.m.
Respectfully submitted,
Antonia R. Marek, Staff Support
For the Long Term Financial Planning Committee
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, JUNE 24, 2013 Page 1 of 4
The regular meeting of the Inland Wetlands Commission was called to order at 7:37 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following members of the Commission were present:
Alexandra Breslin, Chair, arrived at
Kristine Sullivan, Vice-Chair
Brian Smith, Member
Lisa Gaw, Member
The following member of the Commission was absent or excused:
Roger Hathaway, Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
It was moved by Smith and seconded by Gaw to add Application #1200 and #1201 to the agenda. Unanimous approval.
NEW BUSINESS
1. 74 Amity Road, Application #1200 submitted by Chemtura Corporation for an Inland Wetlands Permit for remediation of pesticides within wetlands, via soil excavation and removal –
The Commission formally received the application. Present to speak on behalf of this application was Russ Dirienzo, Principal Geologist of ARCADIS.
Mr. Dirienzo reviewed the proposed project noting:
• Proposal is to remove two feet of soil.
• Small quantities of chemicals tested in greenhouse and orchards.
• Basins were all cleaned out and installed a carbon filtration system.
• Water in swale not contaminated just the soil.
• Will invite Ron Walters of the Regional Water Authority to the next meeting.
In discussion, Commission members noted:
• Commission would like to visit the site.
• Estimated time to remove contaminated material will take two weeks.
• Best time to do this is in dry season.
• CT Remediation Standards of contamination are very low for the subject area.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, July 22, 2013. Tabled.
2. 1070 Amity Road, Application #1201 submitted by Third Garden Park Limited Partnership for an Inland Wetlands Permit for the installation of well and electric lines for new wells –
The Commission formally received the application. Present to speak on behalf of this application was Douglas Heroux, Director of Construction for Garden Homes Management Corporation.
Mr. Heroux reviewed the proposed project noting:
• The property owner is being mandated by the State of Connecticut to install this new well system for better water quality and this needs to be completed by September 1, 2013.
• There is no other access to the wells but to encroach on small wetlands area. (Skirting the outside of the wetlands.)
• Installing all new wiring to each well.
• Proposing a generator for the new system.
• Potential for ledge in path to south well.
• All wells are currently in place.
• It would take 2 to 2 ½ weeks to complete this project.
In discussion, Commission members noted:
• Applicant proposing silt fence and haybales for erosion controls.
• Commission would like to visit the site.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, July 22, 2013. Tabled.
OLD BUSINESS
1. Discussion regarding Bethany West clearing. (Letter from Roman Mrozinski/Southwest Conservation District) – Tabled.
2. Show Cause Hearing regarding 290 Amity Road, Clement, Cease and Desist the cutting of trees in wetlands or upland review area – The Commission determined the tree cutting is not on the Clement property.
3. Continuation of Show Cause Hearing regarding 292 Amity Road, Gombos, Cease and Desist the cutting of trees in wetlands or upland review area –
Present for the continuation of the Show Cause Hearing was Steve Gombos of 292 Amity Road.
Members Breslin, Sullivan, Hathaway and Inland Wetlands Enforcement Officer Kearns visited the site on June 22, 2013.
In discussion, Commission members noted:
• At the site visit, Mr. Gombos showed us the area where he wants to plant and stated he will stay 15 feet away from the stream corridor.
• Mr. Gombos will be planting root vegetables.
• Mr. Gombos will be clearing less than an acre for planting.
• Soil is very rich.
• Expanding agricultural use of the property.
The Commission would like Mr. Gombos to put together a brief description of the area that he is clearing, the root crops he is planning on growing and the keeping away of the 15 feet along the brook and then the Commission can reply that they visited the site and have determined this is an agricultural use.
It was moved by Sullivan and seconded by Gaw that the Inland Wetlands Commission has determined that based on the site inspection and the field description provided by Mr. Gombos on the site inspection and submission of a marked up map and narrative describing that, the Commission agrees this is an as-of-right use to conduct the root crop planting in the subject area. The Inland Wetlands Commission Chair must proof the letter.
Unanimous approval.
Mr. Gombos will work with the IWEO on completing the letter for the Commission.
4. Discussion with David Puzone, regarding 33 Deerfield Lane, development of property –
Member Sullivan recused herself.
Chair Breslin stated that she is working with Isabel Kearns, IWEO, on drafting the letter to Mr. Puzone in regard to the Commission’s recommendation of placing a pipe under the driveway for the protection of the wetlands. Chair Breslin and Ms. Kearns will continue reviewing the file and preparing the letter to Mr. Puzone. Tabled.
5. 185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn –Tabled.
6. Continuation of Show Cause Hearing regarding Town of Bethany drainage repairs conducted in a regulated area without an Inland Wetlands Permit – The Commission will schedule a site visit to revisit Anthony Court. Tabled.
7. Update on appeal submitted by James Woodward for 46 Mesa Drive – No update. Tabled.
8. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT – Member Sullivan will resend draft regulations. Tabled.
APPROVAL OF MINUTES
1. It was moved by Smith and seconded by Gaw to approve, as submitted, the minutes of the May 28, 2013, Regular Meeting.
Voting were: Breslin, Smith, Gaw.
Sullivan abstained for she was not present.
Unanimous approval.
PUBLICATIONS
1) The Habitat, A newsletter of the CT Association of Conservation and Inland Wetlands Commissions, Inc., Spring 2013.
2) Connecticut Wildlife, May/June 2013.
ENFORCEMENT OFFICER REPORTS
Isabel Kearns, IWEO, attended the DEEP 2013 Municipal Inland Wetlands Agency Continuing Education Training and provided pages of information to Commission members. Ms. Kearns reviewed the section of the Standard Conditions of an IW permit and suggested that the Commission needs to revise their Standard Conditions. The Clerk will email Standard Conditions to Commission members.
SCHEDULE SITE VISITS
The Commission scheduled a site visit for Sunday, July 7, 2013 at 8:00 a.m. Commission members to meet at the Town Hall parking lot and visit 74 Amity Road, 1070 Amity Road, and the west side of Anthony Court.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Smith and seconded by Gaw to adjourn the regular meeting at 9:15 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
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