Thursday, July 9, 2020
MINUTES OF THE
BETHANY PLANNING AND ZONING COMMISSION REGULAR VIRTUAL MEETING OF WEDNESDAY, JULY
1, 2020. Page 1 of 4
The following
Commission Members were present:
Kimberly McClure Brinton, Chair
Donna Shea, Member/Secretary
Bob Harrison, Member
Alex Hutchinson, Member
Rob White, Member
Brad Buchta, Alternate Member
Andy Zielinski, Alternate Member
The
following Commission Members were excused:
Brett Pallotto,
Alternate Member
Also present were:
Hiram Peck, Planning Consultant
Isabel Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
Voting for: Brinton, Shea, Harrison, Hutchinson,
White.
Unanimous approval.
Voting for: Brinton, Shea, Harrison, White.
Abstained Hutchinson.
BILLS
1.
It was moved by Brinton to approve the payments of
$1,200.00 (monthly pro rate basis), for services rendered for March 2020, April
2020, and May 2020 by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
GENERAL
CORRESPONDENCE
1) Letter
to Mr. Thomas Capasso, TOC, LLC., from Isabel Kearns, ZEO, dated March 5, 2020,
Re: Notice,
256 Amity Road (Assessor’s
Map 118; Lot 50).
2) Letter
to Mr. Peter Kaminski and Julianne Stach from Isabel Kearns, ZEO, dated March
26, 2020, Re: Notice, 41 Green Hill Road (Assessor’s Map 113; Lot 28-10).
3) Letter
to Robert DeFeo from Isabel Kearns, ZEO, dated April 6, 2020, Re: Cease
and Desist Order, 15 Clay Road (Assessor’s Map 107; Lot 80).
4) Letter
to Mr. & Mrs. Stanley Haze from Isabel Kearns, ZEO, dated May 6, 2020, Re: Notice of Zoning Inquiry, 413 Downs Road (Assessor’s Map 130; Lot 10).
5) Notice
to the Town of Bethany from the Town of Hamden, dated May 11, 2020, Re: Town
of Hamden Application to Amend the Zoning Regulations – COVID -19 Temporary
Signs.
6) Letter
to Stanley Haze from Isabel Kearns, ZEO, dated May 15, 2020, Re: Second
Notice of Zoning Inquiry, 413 Downs Road (Assessor’s Map 130; Lot 10).
7) Letter
to Christine Mead from Isabel Kearns, ZEO, dated June 1, 2020, Re: Notice
of Violation, 32 Hatfield Hill Road (Assessor’s Map 125; Lot 14).
8) Letter
to MCR Trading, 46 Industrial Avenue, Fairview, NJ 07022 from Isabel Kearns,
ZEO, dated June 8, 2020, Re: Notice of Violation, 136 Amity Road (Assessor’s Map 119; Lot 6).
9) Letter
to Mr. Steven A. Duke from Isabel Kearns, ZEO, dated June 8, 2020, Re: Notice
of Violation, 369 Bethmour Road (Assessor’s
Map 107; Lot 27-1).
10) Letter
to Tara Aksoy from Isabel Kearns, ZEO, dated June 18, 2020, Re: Notice
of Violation, 60 Rainbow Road (Assessor’s
Map 112; Lot 15).
11) Letter
to Christine Mead from Isabel Kearns, ZEO, dated June 23, 2020, Re: Notice
of Violation, 32 Hatfield Hill Road (Assessor’s Map 125; Lot 14).
NEW BUSINESS
1.
81 Litchfield Turnpike – Discussion
regarding Home Office/Gym.
The Zoning
Enforcement Officer formerly addresses to the Commission and related that the
property owners are seeking a home office/gym, and bathroom built for
residential use, and requested the commission members for a consensus, to allow
the owners to proceed with the application. The commission agreed with the
following conditions:
·
Make assure that all approvals and conditions
are met in conformance to QVHD.
·
Also, to assure that the Planning, Zoning, and
Building Regulations are met in conformance to the regulations.
2.
33 Old Amity Road – Possible Revision to
the Approval Conditions - TABLED
The Commission addressed the
possible revisions to the approval conditions, regarding the significant
changes that are being made to the site and look into a possible revisions and
modifications to the conditions addressed in the “Special Exception Permit for
Outside Storage” volume 204, page 0382, page 0383, page 0384, and page 0385,
date of approval issued on March 11, 2016, in relation to the fence.
·
Hiram Peck, Town Planner, had visited the site
and indicated that the original fence required to go along the west site does
not screen anything and his suggestion is to leave the trees and vegetation in
that area, and to install a fence in the southern area, which goes along the
Teddy B’s side area to provide as much screening as possible.
ü The
fence along the section of the property at the northwest side did not need a
fence as the fence would do no good to screen the property as the road was
higher on that side. This is the section where the fence need not be placed.
ü
The fence should be installed along the southern
half of the Amity Roadside and along the side facing Teddy B’s matching the
existing fence or cooperating with the other property owner to get a fence that
is acceptable to both owners.
ü
I think it is safe to say that the fence which
is deleted from the northwest side of the property could be used to screen the
lower portion of the property on Old Amity Road.
·
Bob Harrison, commission member inquired about the
permit’s date of approval and for a copy, in order to address it properly, and
make an informed decision for any modifications.
3.
6 Tuttle Road – Home Occupation Permit –
Application #2020-07, submitted by Kedric Becker – to sell honey on site. Also,
roadside stand less than 100 square feet. APPROVED.
The Commission formerly received the application.
Present to speak on behalf of this application was Mr. Kedric Becker.
Comments:
·
Mr. Kedric addressed and informed the commission
that a roadside stand will be place about 12-feet in from his driveway to sell
honey.
It was moved by Harrison and
seconded by Hutchinson to approve the application # 2020-07 submitted by
Kedric Becker – to sell honey on site and place a roadside stand less than 100
square feet in from the property driveway.
Unanimous approval.
4.
756 Amity Road – B&I – Country Corner
Diner – Application #2020-06, submitted by Frank DeLucia on behalf of Syrja
Topciu – to add 20’ by 16’ with a 4-ft. extension on existing deck. - APPROVED.
The Commission formerly received the application.
Present to speak on behalf of this application was Mr. Frank DeLucia.
Comments:
·
Mr. DeLucia addressed and informed the
commission that a 4-feet extension to the existing deck is to be built toward
the back of the building to have a 6-ft / 4-ft walkway.
·
Isabel Kearns, ZEO informed the commission that
the proposed application meets all setbacks and requirements.
·
Hiram Peck, Town Planner noted that the deck
addition is planned to accommodate more outdoor dining given the current
situation, to allow the social distancing to put in place between the diners.
It is a reasonable request and conforms to current regulations.
It was moved by Harrison and
seconded by White to allow the Zoning Enforcement Officer, Isabel Kearns, to
administratively handle the approval of
the application #2020-06,
submitted by Frank DeLucia on behalf of Syrja Topciu – to add 20’ by 16’ with a
4-ft. extension on existing deck
Voting for: Brinton, Shea, Harrison, Hutchinson, White.
Unanimous approval.
1.
Draft Zoning Regulations continued – Public hearing re-scheduling. Tabled.
The Commission has received all
comments by the public and is reviewing the possible revisions to the zoning
regulations’ sections and categories that have been addressed.
·
Hiram Peck, Town Planner, has made suggestions
on the possible revisions, dated June 21, 2020, to the commission for further
review and comments.
·
Given the current COVID-19 situation, the public
will be notified on when a possible public meeting will be scheduled in the
near future.
ZONING ENFORCEMENT
OFFICER’S REPORT
OTHER BUSINESS
5.
667 Amity Road – B&I, CFC Soccer
Field – Release of Remaining Bond
Comments:
·
Hiram Peck, Town Planner, had inspected the
property on June 20, 2020 as per the owner’s request. During the inspection Mr.
Peck found several things that have not been done and no effort had not been
put into correcting anything. Mr. Peck does not recommend the release of the
bond until a future inspection can be made and issues are corrected. He
suggested that the commission members visit the site individually and to review
his email with the inspections’ notes, dated June 23, 2020, to see if it is
significant enough to hold the bond or let it be returned.
ADJOURNMENT
Voting for: Brinton, Shea,
Harrison, Hutchinson, White.
Unanimous approval.
Respectfully
submitted,
Lina V. Frazer,
Clerk
For the
Planning and Zoning Commission
SPECIAL
BOARD OF SELECTMEN MEETING – VIA ZOOM
JUNE
25, 2020
Page
1 of 1
MINUTES – APPROVED 7-7-2020
Attendance: First Selectman Paula Cofrancesco &
Selectman Donald Shea
Not in attendance: Selectman Derrylyn Gorski
Also
in attendance: Vin Marino, Town Counsel;
Sheila Lane, Finance Director
Visitors:
None
1.
First Selectman Paula Cofrancesco
called the Special Meeting of the Board of Selectmen to order at 11:01 a.m. The meeting was held in the Commission Room
of the Bethany Town Hall.
2, DISCUSSION AND POSSIBLE ACTION ON
RESOLUTION FOR CONTRACT AMENDMENT – Contract No. 09-DSS6002SL / 008-NF-01
First
Selectman Cofrancesco gave a brief update on the status of the STEAP funds for
the airport hangar project. First
Selectman Cofrancesco was notified mid-June that the current contract was set
to expire on 6-30-2020. Due to a number
of issues regarding construction, the town did not accept the building, work
was at a halt, and then the tornado hit in 2018. There is insurance money from the claim of
the tornado damage to correct the building to its non-usable state prior to the
tornado. The STEAP funds can be used to
hire an engineer to assess the status of the building and then proceed on
correcting any deficiencies. First
Selectman Cofrancesco noted that she had made multiple phones calls and sent
multiple emails to see what could be done to secure the funds ($198,899.00) from
going back to the State. A letter was
sent from the First Selectman to the Program Manager overseeing the funds officially
requesting an extension on the Contract to allow securing the funds in order to
do additional work on the project.
Confirmation was received on Monday that the extension was granted for
one year. Approval is needed to
authorize the First Selectman to sign the new Contract Amendment. The Contract will now expire June 30, 2021.
It
was moved by Selectman Shea to approve authorization for First Selectman to
sign the Contract Amendment to extend the Contract to June 30, 2021, motion seconded
by First Selectman Cofrancesco
Unanimous approval.
3.
ADJOURNMENT
At
11:04 a.m., it was moved by Selectman Shea and seconded by First Selectman Cofrancesco
to adjourn the special meeting. Unanimous approval.
Respectfully
submitted,
Paula
Cofrancesco
First
Selectman
BOARD
OF SELECTMEN
JUNE
16, 2020
Page
1 of 2
MINUTES – APPROVED 7-7-2020
Via Zoom
Attendance: First Selectman Paula Cofrancesco and Selectman
Donald Shea.
Absent
was: Selectman Derrylyn Gorski
Also
in attendance: Town Attorney Vincent
Marino, Finance Director Sheila Lane
Visitors: Sharon Huxley, Clark Hurlburt, Betsy Thornquist
1. First Selectman
Paula Cofrancesco called the meeting of the Board of Selectmen to order via Zoom
at 7:02
p.m.
2.
APPROVAL OF MINUTES
First
Selectman Cofrancesco called for a motion of approval for the minutes of the regular
meeting of June 2, 2020. The motion of approval was moved by
Selectman Shea and seconded by First Selectman Cofrancesco. There were no changes to the minutes. Voting for:
Cofrancesco, Shea. Unanimous approval.
3. DISCUSSION AND POSSIBLE ACTION – TAX REFUNDS
First Selectman Cofrancesco called for approval on
the refunding of $2,078.42 on tax overpayments/miscellaneous. The motion for
approval was moved by Selectman Shea and seconded by First Selectman
Cofrancesco. Voting for: Cofrancesco, Shea. Unanimous
approval.
4. DISCUSSION & POSSIBLE ACTION – PRESENTATION
BY CLARK HULRBURT, RE: POLLINATOR PATHWAY PROJECT – PATHWAY ON TOWN PROPERTY
Mr. Hurlburt was present to continue discussion on
this topic with First Selectman Cofrancesco and Board members present. Mr. Hurlburt will be giving an update as to
the size, construction (what they will look like) and where they will plan to
place the pathway. No action required at this time. Tabled.
5.
DISCUSSION AND POSSIBLE ACTION – REAPPOINTMENTS/APPOINTMENTS
First
Selectman Cofrancesco called for a motion to reappoint/appoint, Kris Sullivan –
Cemetery Commission, Brian Eitzer – Conservation Commission, Patricia Winer –
Conservation Commission, and Janice Howard, Anthony Cofrancesco, Nicholas
Poulmas, Angela Nielsen, Amy Lestinsky, Nicholas Botone, and Armand Rivellini
(JR) for the Parks and Recreation Commission.
The motion of approval was moved by Selectman Shea and seconded by First
Selectman Cofrancesco,
Voting
for: Cofrancesco, Shea.
Unanimous
approval.
BOARD
OF SELECTMEN
MAY
5, 2020
Page
2 of 2
6.
DISCUSSION AND POSSIBLE ACTION – CORRECTION TO CEMETTERY BY-LAWS – TERM
LANGUAGE – TO PUT IN ALIGNMENT WITH TOWN CODE
First Selectman Cofrancesco stated that the cemetery
by-laws needed to be corrected to be in alignment with the language regarding terms
as written in the Town Code. A motion for approval was made by Selectman Shea
and seconded by First Selectman Cofrancesco to approve this correction.
Voting
for: Cofrancesco, Shea.
Unanimous
approval.
7. DISCUSSION & POSSIBLE ACTION – ROAD WORK
– MOVING FORWARD - UPDATE
Update on the progress of the roads:
·
Working on North Humiston Drive, Lacey
Road, Edwards Road, and Grant Road.
·
Discussion about the crack sealing
maintenance of the roads that will need to be done.
8. DISCUSSION AND POSSIBLE ACTION – STATUS OF
AIRPORT HANGAR UPDATE
Town
Attorney Marino reported that he is reviewing the terms of the bonds and will
be following up with the Town Building Official, Mr. Bob Walsh, regarding the hangar project. Tabled.
9.
DISCUSSION & POSSIBLE ACTION – SIMPSON PROPERTY – ON HOLD (IN PROBATE)
First Selectman Cofrancesco stated this is on hold
and in probate court. Tabled.
10. DISCUSSION & POSSIBLE ACTION – SIMPLE
RECYCLING (SOFT RECYCLABLES) – ON HOLD
First Selectman Cofrancesco noted that this item
will stay on hold until pandemic is over.
Tabled.
11.
OTHER MATTERS PROPER TO COME BEFORE THE MEETING
Don Shea noted that we should follow up with RWS
(the trash company) as we have received numerous complaints. First Selectman Cofrancesco will call RWS.
12.
ADJOURNMENT
At
7:31 p.m., it was moved by Selectman Shea and seconded by First Selectman Cofrancesco
to adjourn the regular meeting. Unanimous approval.
Respectfully
submitted,
Lina
V. Frazer
Meeting
Clerk
BOARD
OF SELECTMEN
JUNE
2, 2020
Page
1 of 3
MINUTES – APPROVED 6-16-2020
Via Zoom
Attendance: First Selectman Paula Cofrancesco, Selectman
Donald Shea, Selectman Derrylyn Gorski
Also
in attendance: Town Attorney Vincent
Marino and Finance Director Sheila Lane
Visitors: Sharon Huxley, Clark Hurlburt, Cynthia
Megyola, E.J. Maher, Jamie Stirling
1. First Selectman
Paula Cofrancesco called the meeting of the Board of Selectmen to order via Zoom
at 7:01
p.m.
2.
APPROVAL OF MINUTES
First
Selectman Cofrancesco called for a motion of approval for the minutes of the regular
meeting of May 19, 2020. The motion of approval, with a correction,
was moved by Selectman Gorski and seconded by First Selectman Cofrancesco. The correction to the minutes is on Page 3,
Item #11, Second Bullet – Change mill rate to “36.56”. Voting for:
Cofrancesco, Gorski, Shea. Unanimous approval.
3. DISCUSSION AND POSSIBLE ACTION – TAX REFUNDS
First Selectman Cofrancesco stated that there are no
tax refunds at this time.
4. DISCUSSION AND POSSIBLE ACTION – REAPPOINTMENT
OF BRIAN EITZER AS THE BETHANY REPRESENTATIVE TO THE SOUTH CENTRAL CONNECTICUT
REGIONAL WATER DISTRICT –
First Selectman Cofrancesco stated that Brian Eitzer
has been on the Representative Policy Board for Bethany and has shown interest
in continuing this position. It was
moved by Selectman Gorski and seconded by First Selectman Cofrancesco to
reappoint Brian Eitzer as the Bethany Representative of the Policy Board for
the South Central Connecticut Regional Water District.
Voting for: Cofrancesco, Gorski, Shea. Unanimous
approval.
5.
DISCUSSION AND POSSIBLE ACTION – ROAD WORK – MOVING FORWARD – UPDATE
Selectman Shea reported on the following:
·
Working on North
Humiston Drive, Lacey Road, Edwards Road and Grant Road.
·
Should be in
good shape in a few weeks.
·
Chip sealing
will be starting soon.
·
We will need to
talk about crack sealing maintenance which is beneficial to the roads.
·
Finance Director
Lane will give update by end of week on money spent at this point on road work.
BOARD
OF SELECTMEN
JUNE
2, 2020
Page
2 of 3
6. DISCUSSION AND POSSIBLE ACTION – STATUS OF
AIRPORT HANGAR – UPDATE
Town Attorney Marino reported on the following:
·
For purposes of
making a decision, the Board of Selectmen need to review their options:
o First option is to do nothing which is not a viable
option.
o Second option is to use insurance proceeds and
restore building to pre-tornado status then there would be a defective building
and can bring to litigation with manufacturer or contractor but construction
litigation is very expensive and would be costly to the Town.
o Third option is to use insurance proceeds and
restore building to pre-tornado status.Tthere is approximately $230,000 to $250,000
of grant money left and Town can use this money to correct pre-tornado
defective structure to good condition.
Would have to get quotes for work to bring structure to good condition.
Selectman Gorski recommended speaking with Bob
Walsh, Building Official, who has all the information from previous dealings
with the Airport Hangar.
Attorney Marino stated he did speak to the Building
Official and that Mr. Walsh said there were onsite modifications made by the
contractor and no question there were defects in the construction process or
the manufacturing process.
Selectman Shea mentioned that there was a bond taken
out on the structure.
Attorney Marino stated he would have to read the
terms of the bond. Also, Attorney Marino
stated he did speak to the Building Official and his opinion was the contractor
performed defective workmanship. Attorney
Marino mentioned the fact that the bond should cover defective workmanship. If the
Town went with litigation, this would be a substantial expense on the Town; or
can we use the balance of the grant money to correct the defective workmanship.
First Selectman Cofrancesco stated the Board will
not make a decision tonight and we will follow-up with Bob Walsh, Building
Official.
Tabled.
7. DISCUSSION AND POSSIBLE ACTION – SIMPSON
PROPERTY – ON HOLD (IN PROBATE) First Selectman Cofrancesco stated this is on
hold and is still in probate court. Tabled.
8.
DISCUSSION AND POSSIBLE ACTION – CEMETERY COMMISSION BYLAWS –
First Selectman Cofrancesco emailed the Board
members a copy of the amended version of the Cemetery Commission Bylaws, which
included the Board of Selectmen’s recommendations.
The Board reviewed and discussed and then found a
discrepancy in Sections 2.1 and 2.2 with Sections 3.3 and 3.4. First Selectman Cofrancesco will notify the
Cemetery Commission and will correct the discrepancy.
BOARD
OF SELECTMEN
JUNE
2, 2020
Page
3 of 3
It was moved by Selectman Gorski and seconded by
Selectman Shea to approve, as amended, the Cemetery Commission Bylaws prepared
by the Cemetery Commission. Voting for: Cofrancesco, Gorski, Shea. Unanimous
approval.
9. DISCUSSION AND POSSIBLE ACTION – SIMPLE
RECYCLING (SOFT RECYCLABLES) – ON HOLD
First Selectman Cofrancesco stated she has reached
out to Simple Recycling and is waiting on a reply. They may possibly be closed
due to pandemic, but she will follow up to see is we can possibly start the
program in July 2020. Tabled.
10.
OTHER MATTERS PROPER TO COME BEFORE THE MEETING
·
First Selectman
Cofrancesco mentioned there is a contract for the shared trooper with the Town
of Prospect which will run for one year.
It was moved by Selectman Gorski and seconded by Selectman Shea to
authorize First Selectman Cofrancesco to sign the contract for the shared
trooper with the Town of Prospect which will be a 50/50 cost split.
Voting
for: Cofrancesco, Gorski, Shea. Unanimous
approval.
11.
ADJOURNMENT
At
7:41 p.m., it was moved by Selectman Gorski and seconded by Selectman Shea to
adjourn the regular meeting. Unanimous approval.
Respectfully
submitted,
Antonia
R. Marek
Meeting
Clerk
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