December 20, 2009
New Haven Register
40 Sargent Drive
New Haven, Connecticut 06511
LEGAL NOTICE
ATTENTION LEGAL NOTICE DESK
Please insert the following legal notice in the New Haven Register and send the bill to Derrylyn Gorski, First Selectman, 40 Peck Road, Bethany, Connecticut, 06524.
The notice must run twice, once December 24, 2009, and once December 31, 2009.
If you have any questions, please contact Commission Clerk, Antonia Marek by phone at 203-393-2100, X115.
NOTICE OF PUBLIC HEARINGS
BETHANY PLANNING AND ZONING COMMISSION
Notice is hereby given of public hearings to be held by the Bethany Planning and Zoning Commission beginning at 7:30 p.m. on Wednesday, January 6, 2010, in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut. The hearings will be held on the following applications:
Application #2009-026 submitted by James W. Woodward Jr. for a Special Exception Permit for Two Rear Lots located at 26 and 46 Mesa Drive.
Application #2009-027 submitted by James W. Woodward Jr. for a Thirteen-Lot Subdivision (Woodward Estates) located at 26 and 46 Mesa Drive.
Application #2009-028 submitted by James W. Woodward Jr. for a Special Exception Earth Removal, Excavation, Filling, Stockpiling & Grading Permit located at 26 and 46 Mesa Drive.
Application #2009-032 submitted by Nadia Fainstein for a Special Exception Permit for an Accessory Apartment located at 3 Northrop Road.
The foregoing application files are available for review during regular business hours in the Planning and Zoning Office at the Bethany Town Hall, 40 Peck Road.
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
Wednesday, December 23, 2009
MINUTES OF THE BETHANY ZONING BOARD OF APPEALS
REGULAR MEETING OF MONDAY, DECEMBER 14, 2009 Page 1 of 6
The regular meeting of the Zoning Board of Appeals was called to order at 8:04 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Board Members were present:
Carol Goldberg, Chair
Ruth Beardsley, Vice Chair
Steven Massey, Member
James Gugliotti, Member
Bradford Buchta, Alternate Member
Michael Hendrick, Alternate Member
Ben Rosenbloom, Alternate Member, seated as a voting member.
Also present were:
Karen Walton, Assistant Zoning Enforcement Officer
MINUTES
It was moved by Beardsley and seconded by Gugliotti to approve, as submitted, the minutes of the November 9, 2009, regular meeting.
Voting for: Goldberg, Beardsley, Massey, Gugliotti, and Rosenbloom.
Unanimous approval.
BILLS
It was moved by Gugliotti and seconded by Beardsley to approve the payment of a bill for $95.00, dated December 14, 2009, from John McLeod (Court Stenographer) for recording services for the public hearing (443 Fairwood Road).
Voting for: Goldberg, Beardsley, Massey, Gugliotti, and Rosenbloom.
Unanimous approval.
PUBLIC HEARING – 443 FAIRWOOD ROAD (Continuation from November 9, 2009)
Chair Goldberg opened the continuation of the public hearing at 8:05 p.m. Chair Goldberg read the notice posted with the Town Clerk pertaining to the continuation of the public hearing for the following applications submitted by Joseph Dellaselva (Nino Performance) for property located at 443 Fairwood Road:
Application for a 256.1 foot variance to allow a 243.9 foot distance requirement and for a 139.2 foot variance to allow a 360.8 foot distance requirement where 500 feet is required between commercial garages and residential zones to locate a commercial garage (Nino Performance).
Application for a certificate of approval for a motor vehicle dealer and repairer located at 443 Fairwood Road.
Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.
The hearing was continued due to the applicant not having all the green return receipt cards from the surrounding property owners as required in the Zoning Regulations. Chair Goldberg asked the applicant if he had obtained the missing information.
Present to speak on behalf of the application was Mr. John Paul Garcia, P.E./L.S. representing Mr. Joseph Dellaselva, applicant. Mr. Garcia submitted three returned to sender unclaimed letters (Exhibit 2A, 2B, and 2C).
Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 2A – A returned to sender unclaimed letters from TRCK Properties, owner of 797 Amity Road.
b) Exhibit 2B – A returned to sender unclaimed letters from KCA Associates, owner of 793 Amity Road.
c) Exhibit 2C – A returned to sender unclaimed letters from EMG Properties, owner of 443 Fairwood Road.
d) Exhibit 2D – Photograph of the proposed east side of the building located at 443 Fairwood Road.
e) Exhibit 2E – Photograph of the proposed south side (Fairwood Road) of the building located at 443 Fairwood Road.
f) Exhibit 2F – Photograph of the proposed southeast corner of the building located at 443 Fairwood Road.
g) Exhibit 2G – Photograph of the current building (Fairwood Road side) located at 443 Fairwood Road.
h) Exhibit 2H – Photograph of the current building (southwest side of Fairwood Road) located at 443 Fairwood Road.
i) Exhibit 2”I” – Four pages of schematics of the proposed building.
William Grieger, applicant and owner of record, presented an overview of what the buildings will look like after the renovations are completed (submitted Exhibits 2D, 2E, 2F, 2G and 2H). Mr. Garcia reviewed and submitted the schematics of the proposed building (Exhibit 2”I”).
Mr. Garcia reviewed the proposed project noting:
· 797 Amity Road was granted an automobile repair license in 2003 and has been operating as a truck and repair service for 3 years with 0 setback.
· Mr. Garcia stated an automobile repair business is a less intensive use then the previous chemical business.
· This business has no impact on the neighborhood due to the fact this is a commercial property.
· They are trying to keep a Bethany business in Bethany.
· Smaller covered building has been approved for inside storage by the Planning and Zoning Commission for a temporary use by Woodbridge Roofing.
· The Department of Environmental Protection has inspected the property and there is no chemical residual.
In discussion, Board members commented and noted the following:
· The applicant previously obtained a variance to relocate to 33 Old Amity Road in 2008. (Mr. Garcia stated the deal fell through with the owner of 33 Old Amity Road).
· The roof line will be changing from 12 feet to 16 feet.
· There will be no asphalt in the front of the building.
· What will the traffic pattern be like? (Mr. Dellaselva responded he schedules three or four cars a day for repairs.)
· Will there by any major lighting on Fairwood Road (Mr. Garcia stated there are two security lights there now and they will not be adding any more.)
· Where do you expect cars to seat during the day? (They will be parked on the east side and then tagged and put to the back.)
· Long term parking will be in the back (north side of property).
· What are operating hours? (Mr. Dellaselva responded 8 a.m. to 5 p.m. Monday through Friday.)
· Will there be noise from garage? (Mr. Garcia responded the compressor will be contained to minimize noise.)
· Where to you intend to put waste oil? (Mr. Dellaselva responded that he has a waste oil furnace.)
· Do you have cars for sale and what percentage of the business is for used car sales? (Mr. Dellaselva responded 1 percent and that he only sold 8 cars last year and this year only 5 so far.)
· Where else in Bethany could your automobile business be located? (Karen Walton, Assistant ZEO, stated that there is nothing available at this time and that Mr. Dellaselva has been in the Zoning Office to research other locations. Ms. Walton brought in the Zoning Map and the Board reviewed locations in the Business and Industrial Zone. The Board found that there are very few locations in town that don’t have some type of place of gathering or a residential zone nearby.
· Why do you need to move from your present location at 256 Amity Road? (Mr. Dellaselva stated the owners of the property will not repair anything on the building and stated he was going to try to purchase the property but the price is very high.
Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were none.
Chair Goldberg asked if there were any public members who would like to speak in opposition of this application. There were no comments.
There being no further discussion, at 9:16 p.m. Chair Goldberg closed the public hearing on the subject applications.
DELIBERATION AND DECISION MAKING SESSION
Board members further discussed the application and proceeded to take action on the application.
443 Fairwood Road – It was moved by Goldberg and seconded by Gugliotti to grant the approval of the application submitted by Joseph Dellaselva for the property located at
443 Fairwood Road and shown on Assessor’s Map #116, Lot #27-E-1, for a variance of Section 5.2.B.1 – Commercial garage within 500 feet of a residential zone, specifically to grant a 256.1 foot variance to allow a 243.9 foot distance requirement and for a 139.2 foot variance to allow a 360.8 foot distance requirement where 500 feet is required between commercial garages and residential zones to locate a commercial garage (Nino Performance).
The variance is granted subject to the following conditions:
1. The variance shall not be effective until a copy of it, certified by the Chairman or the Secretary of the Board, and containing a legal description of the subject property, and specifying the nature of the variance (including the Section of the Zoning Regulations being varied) is filed with the Bethany Town Clerk for recording on the Bethany Land Records by the applicant or owner. A copy of the recorded document shall also be filed with the Zoning Enforcement Officer.
2. The building is to resemble Exhibit’s 2D, 2E, 2F and 2I.
3. No more than two (2) pole lights on Fairwood Road will be installed.
4. The exterior lighting fixtures must have full cut-off lighting.
5. There shall be no light pollution onto Fairwood Road.
6. There shall be no exterior storage of hazardous waste.
7. There shall be no outside storage of cars on the east side parking area.
8. Any outside storage shall be allowed on the north side of the building only.
9. Any outside storage must be screened on all sides.
10. Any outside storage cannot be larger than the footprint of the building.
11. All outside storage cannot exceed 20 cars.
12. The Fairwood Road side of the property must be landscaped in accordance with Appendix 7 of the current Bethany Zoning Regulations.
13. The only driveway shall be the currently existing entrance on the east side of the property.
14. The hours of operation shall by typical business hours, Monday through Friday.
Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings:
1) A strict and literal interpretation of the Zoning Regulations would deprive the property owner of rights commonly enjoyed by other properties in the same district.
2) Granting the variance will not confer upon the applicant or the property owner any special privilege that is denied by the Bethany Zoning Regulations to other land in the same district.
Vote 5 to 0.
Voting for: Goldberg, Beardsley, Massey, Gugliotti, Rosenbloom.
Unanimous approval.
443 Fairwood Road – It was moved by Beardsley and seconded by Gugliotti to grant the approval of the application submitted by Joseph Dellaselva for the property located at
443 Fairwood Road and shown on Assessor’s Map #116, Lot #27-E-1, for location approval for a motor vehicle dealer or motor vehicle repairer.
Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings having given due consideration to the proposed location of the proposed business in reference to the following:
The record before the Board demonstrates that the location is suitable for the business intended.
The approval is granted subject to the following conditions:
a) The variance shall not be effective until a copy of it, certified by the Chairman or the Secretary of the Board, and containing a legal description of the subject property, and specifying the nature of the variance (including the Section of the Zoning Regulations being varied) is filed with the Bethany Town Clerk for recording on the Bethany Land Records by the applicant or owner. A copy of the recorded document shall also be filed with the Zoning Enforcement Officer.
b) The building is to resemble Exhibit’s 2D, 2E, 2F and 2I.
c) No more than two (2) pole lights on Fairwood Road will be installed.
d) The exterior lighting fixtures must have full cut-off lighting.
e) There shall be no light pollution onto Fairwood Road.
f) There shall be no exterior storage of hazardous waste.
g) There shall be no outside storage of cars on the east side parking area.
h) Any outside storage shall be allowed on the north side of the building only.
i) Any outside storage must be screened on all sides.
j) Any outside storage cannot be larger than the footprint of the building.
k) All outside storage cannot exceed 20 cars.
l) The Fairwood Road side of the property must be landscaped in accordance with Appendix 7 of the current Bethany Zoning Regulations.
m) The only driveway shall be the currently existing entrance on the east side of the property.
n) The hours of operation shall by typical business hours, Monday through Friday.
Vote 5 to 0.
Voting for: Goldberg, Beardsley, Massey, Gugliotti, Rosenbloom.
Unanimous approval.
ADJOURNMENT
It was moved by Gugliotti and seconded by Massey to adjourn the regular meeting at10:49 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
REGULAR MEETING OF MONDAY, DECEMBER 14, 2009 Page 1 of 6
The regular meeting of the Zoning Board of Appeals was called to order at 8:04 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Board Members were present:
Carol Goldberg, Chair
Ruth Beardsley, Vice Chair
Steven Massey, Member
James Gugliotti, Member
Bradford Buchta, Alternate Member
Michael Hendrick, Alternate Member
Ben Rosenbloom, Alternate Member, seated as a voting member.
Also present were:
Karen Walton, Assistant Zoning Enforcement Officer
MINUTES
It was moved by Beardsley and seconded by Gugliotti to approve, as submitted, the minutes of the November 9, 2009, regular meeting.
Voting for: Goldberg, Beardsley, Massey, Gugliotti, and Rosenbloom.
Unanimous approval.
BILLS
It was moved by Gugliotti and seconded by Beardsley to approve the payment of a bill for $95.00, dated December 14, 2009, from John McLeod (Court Stenographer) for recording services for the public hearing (443 Fairwood Road).
Voting for: Goldberg, Beardsley, Massey, Gugliotti, and Rosenbloom.
Unanimous approval.
PUBLIC HEARING – 443 FAIRWOOD ROAD (Continuation from November 9, 2009)
Chair Goldberg opened the continuation of the public hearing at 8:05 p.m. Chair Goldberg read the notice posted with the Town Clerk pertaining to the continuation of the public hearing for the following applications submitted by Joseph Dellaselva (Nino Performance) for property located at 443 Fairwood Road:
Application for a 256.1 foot variance to allow a 243.9 foot distance requirement and for a 139.2 foot variance to allow a 360.8 foot distance requirement where 500 feet is required between commercial garages and residential zones to locate a commercial garage (Nino Performance).
Application for a certificate of approval for a motor vehicle dealer and repairer located at 443 Fairwood Road.
Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.
The hearing was continued due to the applicant not having all the green return receipt cards from the surrounding property owners as required in the Zoning Regulations. Chair Goldberg asked the applicant if he had obtained the missing information.
Present to speak on behalf of the application was Mr. John Paul Garcia, P.E./L.S. representing Mr. Joseph Dellaselva, applicant. Mr. Garcia submitted three returned to sender unclaimed letters (Exhibit 2A, 2B, and 2C).
Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 2A – A returned to sender unclaimed letters from TRCK Properties, owner of 797 Amity Road.
b) Exhibit 2B – A returned to sender unclaimed letters from KCA Associates, owner of 793 Amity Road.
c) Exhibit 2C – A returned to sender unclaimed letters from EMG Properties, owner of 443 Fairwood Road.
d) Exhibit 2D – Photograph of the proposed east side of the building located at 443 Fairwood Road.
e) Exhibit 2E – Photograph of the proposed south side (Fairwood Road) of the building located at 443 Fairwood Road.
f) Exhibit 2F – Photograph of the proposed southeast corner of the building located at 443 Fairwood Road.
g) Exhibit 2G – Photograph of the current building (Fairwood Road side) located at 443 Fairwood Road.
h) Exhibit 2H – Photograph of the current building (southwest side of Fairwood Road) located at 443 Fairwood Road.
i) Exhibit 2”I” – Four pages of schematics of the proposed building.
William Grieger, applicant and owner of record, presented an overview of what the buildings will look like after the renovations are completed (submitted Exhibits 2D, 2E, 2F, 2G and 2H). Mr. Garcia reviewed and submitted the schematics of the proposed building (Exhibit 2”I”).
Mr. Garcia reviewed the proposed project noting:
· 797 Amity Road was granted an automobile repair license in 2003 and has been operating as a truck and repair service for 3 years with 0 setback.
· Mr. Garcia stated an automobile repair business is a less intensive use then the previous chemical business.
· This business has no impact on the neighborhood due to the fact this is a commercial property.
· They are trying to keep a Bethany business in Bethany.
· Smaller covered building has been approved for inside storage by the Planning and Zoning Commission for a temporary use by Woodbridge Roofing.
· The Department of Environmental Protection has inspected the property and there is no chemical residual.
In discussion, Board members commented and noted the following:
· The applicant previously obtained a variance to relocate to 33 Old Amity Road in 2008. (Mr. Garcia stated the deal fell through with the owner of 33 Old Amity Road).
· The roof line will be changing from 12 feet to 16 feet.
· There will be no asphalt in the front of the building.
· What will the traffic pattern be like? (Mr. Dellaselva responded he schedules three or four cars a day for repairs.)
· Will there by any major lighting on Fairwood Road (Mr. Garcia stated there are two security lights there now and they will not be adding any more.)
· Where do you expect cars to seat during the day? (They will be parked on the east side and then tagged and put to the back.)
· Long term parking will be in the back (north side of property).
· What are operating hours? (Mr. Dellaselva responded 8 a.m. to 5 p.m. Monday through Friday.)
· Will there be noise from garage? (Mr. Garcia responded the compressor will be contained to minimize noise.)
· Where to you intend to put waste oil? (Mr. Dellaselva responded that he has a waste oil furnace.)
· Do you have cars for sale and what percentage of the business is for used car sales? (Mr. Dellaselva responded 1 percent and that he only sold 8 cars last year and this year only 5 so far.)
· Where else in Bethany could your automobile business be located? (Karen Walton, Assistant ZEO, stated that there is nothing available at this time and that Mr. Dellaselva has been in the Zoning Office to research other locations. Ms. Walton brought in the Zoning Map and the Board reviewed locations in the Business and Industrial Zone. The Board found that there are very few locations in town that don’t have some type of place of gathering or a residential zone nearby.
· Why do you need to move from your present location at 256 Amity Road? (Mr. Dellaselva stated the owners of the property will not repair anything on the building and stated he was going to try to purchase the property but the price is very high.
Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were none.
Chair Goldberg asked if there were any public members who would like to speak in opposition of this application. There were no comments.
There being no further discussion, at 9:16 p.m. Chair Goldberg closed the public hearing on the subject applications.
DELIBERATION AND DECISION MAKING SESSION
Board members further discussed the application and proceeded to take action on the application.
443 Fairwood Road – It was moved by Goldberg and seconded by Gugliotti to grant the approval of the application submitted by Joseph Dellaselva for the property located at
443 Fairwood Road and shown on Assessor’s Map #116, Lot #27-E-1, for a variance of Section 5.2.B.1 – Commercial garage within 500 feet of a residential zone, specifically to grant a 256.1 foot variance to allow a 243.9 foot distance requirement and for a 139.2 foot variance to allow a 360.8 foot distance requirement where 500 feet is required between commercial garages and residential zones to locate a commercial garage (Nino Performance).
The variance is granted subject to the following conditions:
1. The variance shall not be effective until a copy of it, certified by the Chairman or the Secretary of the Board, and containing a legal description of the subject property, and specifying the nature of the variance (including the Section of the Zoning Regulations being varied) is filed with the Bethany Town Clerk for recording on the Bethany Land Records by the applicant or owner. A copy of the recorded document shall also be filed with the Zoning Enforcement Officer.
2. The building is to resemble Exhibit’s 2D, 2E, 2F and 2I.
3. No more than two (2) pole lights on Fairwood Road will be installed.
4. The exterior lighting fixtures must have full cut-off lighting.
5. There shall be no light pollution onto Fairwood Road.
6. There shall be no exterior storage of hazardous waste.
7. There shall be no outside storage of cars on the east side parking area.
8. Any outside storage shall be allowed on the north side of the building only.
9. Any outside storage must be screened on all sides.
10. Any outside storage cannot be larger than the footprint of the building.
11. All outside storage cannot exceed 20 cars.
12. The Fairwood Road side of the property must be landscaped in accordance with Appendix 7 of the current Bethany Zoning Regulations.
13. The only driveway shall be the currently existing entrance on the east side of the property.
14. The hours of operation shall by typical business hours, Monday through Friday.
Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings:
1) A strict and literal interpretation of the Zoning Regulations would deprive the property owner of rights commonly enjoyed by other properties in the same district.
2) Granting the variance will not confer upon the applicant or the property owner any special privilege that is denied by the Bethany Zoning Regulations to other land in the same district.
Vote 5 to 0.
Voting for: Goldberg, Beardsley, Massey, Gugliotti, Rosenbloom.
Unanimous approval.
443 Fairwood Road – It was moved by Beardsley and seconded by Gugliotti to grant the approval of the application submitted by Joseph Dellaselva for the property located at
443 Fairwood Road and shown on Assessor’s Map #116, Lot #27-E-1, for location approval for a motor vehicle dealer or motor vehicle repairer.
Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings having given due consideration to the proposed location of the proposed business in reference to the following:
The record before the Board demonstrates that the location is suitable for the business intended.
The approval is granted subject to the following conditions:
a) The variance shall not be effective until a copy of it, certified by the Chairman or the Secretary of the Board, and containing a legal description of the subject property, and specifying the nature of the variance (including the Section of the Zoning Regulations being varied) is filed with the Bethany Town Clerk for recording on the Bethany Land Records by the applicant or owner. A copy of the recorded document shall also be filed with the Zoning Enforcement Officer.
b) The building is to resemble Exhibit’s 2D, 2E, 2F and 2I.
c) No more than two (2) pole lights on Fairwood Road will be installed.
d) The exterior lighting fixtures must have full cut-off lighting.
e) There shall be no light pollution onto Fairwood Road.
f) There shall be no exterior storage of hazardous waste.
g) There shall be no outside storage of cars on the east side parking area.
h) Any outside storage shall be allowed on the north side of the building only.
i) Any outside storage must be screened on all sides.
j) Any outside storage cannot be larger than the footprint of the building.
k) All outside storage cannot exceed 20 cars.
l) The Fairwood Road side of the property must be landscaped in accordance with Appendix 7 of the current Bethany Zoning Regulations.
m) The only driveway shall be the currently existing entrance on the east side of the property.
n) The hours of operation shall by typical business hours, Monday through Friday.
Vote 5 to 0.
Voting for: Goldberg, Beardsley, Massey, Gugliotti, Rosenbloom.
Unanimous approval.
ADJOURNMENT
It was moved by Gugliotti and seconded by Massey to adjourn the regular meeting at10:49 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
BOARD OF SELECTMEN
SPECIAL MEETING
DECEMBER 14, 2009
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea
First Selectwoman Gorski called the meeting to order at 6:32 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.
APPROVAL OF MINUTES
Approval of the minutes of the November 23, 2009 meeting was tabled until the next meeting of the Board of Selectmen.
PROGRESS ON PAVILION AT VETERANS MEMORIAL PARK
First Selectwoman Gorski reports that progress on the construction of the Pavilion at Veterans Memorial Park is going well.
FUEL FUND RESOLUTION
Selectman Shea moved the following resolution:
Resolved: that the Board of Selectmen authorizes the opening of an account at Webster Band to deposit donated funds for emergency fuel for residents of the Town of Bethany. The Board of Selectmen further authorizes First Selectwoman Derrylyn Gorski and Jeanne DelVecchio to be the signers on this account.
First Selectwoman Gorski seconded the motion. The vote taken was unanimous.
CONNECTICUT CLEAN ENERGY COMMUNITIES PROGRAM
The following resolution was moved by Selectman Shea and seconded by First Selectwoman Gorski.
Resolved: that the Board of Selectmen hereby authorizes, the First Selectwoman Derrylyn Gorski to act on behalf of the Town of Bethany to sign and file all paperwork as it pertains to a grant application and grant award with the United States Department of Energy, for participation in the Project Titled: “Connecticut Clrean Energy Communities Program – Community Energy Savings Project” and to provide such additional information needed to execute the program.
The vote was called. The vote was unanimous.
CORRECT MUNICIPAL TAX RECOVERY LLC
David Forman, Tax Collector has requested authorization to sign a contract with Correct Municipal Tax Recovery LLC to assist him with past due tax collections. A motion was moved by Selectman Shea and seconded by First Selectwoman Gorski to authorize David Forman to sign a contract with Correct Municipal Tax Recovery LLC. The vote was called. The vote was unanimous.
SIGN CALL FOR SPECIAL TOWN MEETING
First Selectwoman Gorski and Selectman Shea signed the call for the special Town Meeting.
ADJOURNMENT
Adjournment was called at 6:40 p.m. after a motion was moved by Selectman Shea and seconded by First Selectwoman Gorski. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
SPECIAL MEETING
DECEMBER 14, 2009
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea
First Selectwoman Gorski called the meeting to order at 6:32 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.
APPROVAL OF MINUTES
Approval of the minutes of the November 23, 2009 meeting was tabled until the next meeting of the Board of Selectmen.
PROGRESS ON PAVILION AT VETERANS MEMORIAL PARK
First Selectwoman Gorski reports that progress on the construction of the Pavilion at Veterans Memorial Park is going well.
FUEL FUND RESOLUTION
Selectman Shea moved the following resolution:
Resolved: that the Board of Selectmen authorizes the opening of an account at Webster Band to deposit donated funds for emergency fuel for residents of the Town of Bethany. The Board of Selectmen further authorizes First Selectwoman Derrylyn Gorski and Jeanne DelVecchio to be the signers on this account.
First Selectwoman Gorski seconded the motion. The vote taken was unanimous.
CONNECTICUT CLEAN ENERGY COMMUNITIES PROGRAM
The following resolution was moved by Selectman Shea and seconded by First Selectwoman Gorski.
Resolved: that the Board of Selectmen hereby authorizes, the First Selectwoman Derrylyn Gorski to act on behalf of the Town of Bethany to sign and file all paperwork as it pertains to a grant application and grant award with the United States Department of Energy, for participation in the Project Titled: “Connecticut Clrean Energy Communities Program – Community Energy Savings Project” and to provide such additional information needed to execute the program.
The vote was called. The vote was unanimous.
CORRECT MUNICIPAL TAX RECOVERY LLC
David Forman, Tax Collector has requested authorization to sign a contract with Correct Municipal Tax Recovery LLC to assist him with past due tax collections. A motion was moved by Selectman Shea and seconded by First Selectwoman Gorski to authorize David Forman to sign a contract with Correct Municipal Tax Recovery LLC. The vote was called. The vote was unanimous.
SIGN CALL FOR SPECIAL TOWN MEETING
First Selectwoman Gorski and Selectman Shea signed the call for the special Town Meeting.
ADJOURNMENT
Adjournment was called at 6:40 p.m. after a motion was moved by Selectman Shea and seconded by First Selectwoman Gorski. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
Monday, December 14, 2009
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, DECEMBER 2, 2009 Page 1 of 6
The regular meeting of the Planning and Zoning Commission was called to order at 7:36 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Commission members were present:
Sharon Huxley, Chairman
Melissa Spear, Vice-Chairman
John Ford, Member, arrived at 7:40 p.m.
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member
Donald Shea Jr., Alternate Member, seated as a voting member as needed
The following Commission members were absent or excused:
Nellie Rabinowitz, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Hiram Peck, Planning Consultant
Chairman Huxley explained that in reference to Applications #2009-026, #2009-027, and #2009-028 submitted by Mr. James Woodward for 26 and 46 Mesa Drive (Woodward Estates Subdivision), the public hearing scheduled for this evening will not be opened and that Mr. Woodward submitted a letter of consent to an extension of 35 days to begin the public hearing. The public hearing will be re-noticed for Wednesday, January 6, 2010. Chairman Huxley also stated the site walk scheduled for Sunday, December 6, 2009 will be cancelled.
APPROVAL OF MINUTES
1. It was moved by Shurtleff and seconded by Winer to approve, as submitted, the minutes of the November 4, 2009, Regular Meeting.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Email from Eugene Livshits of SCRCOG, dated November 20, 2009, Re: Referral received for proposed Woodward Estates Subdivision and will be review by Regional Planning Commission will review during their December 10, 2009 meeting.
2. Letter from SCC Regional Water Authority, dated December 1, 2009, Re: 820 Litchfield Turnpike, request for home office use, not located within RWA public water supply watershed area.
3. Letter from Inland Wetlands Commission, dated December 2, 2009, Re: 443 Fairwood Road, Inside Storage, no IWC action required.
4. Letter from SCC Regional Water Authority, dated December 1, 2009, Re: 3 Northrop Road, permit for accessory apartment, no review comments.
5. Letter from Robert Walsh, Bethany Building Inspector, dated November 23, 2009, Re: Small Wind Energy Systems under Chapter 17 of the National Building Code.
6. Letter from Nancy McCarthy, Town Clerk, dated November 19, 2009, Re: Request for schedule of PZC regular meetings for 2010 with attached draft schedule prepared by clerk. It was the consensus of the Commission to change the meeting start time to 7:00 p.m. and public hearing start time to 7:30 p.m. Clerk will revise letter and submit to Town Clerk.
7. Letter from James and Linda Chiaraluce of 48 Valley Road, dated November 4, 2009, Re: Purchase of 742 Amity Road (Billy’s Ice Cream/ Nonnie’s and the Post Office).
8. Letter from SCC Regional Planning Commission, to Hamden Government Center, dated November 13, 2009, Re: Town of Hamden: Proposed Zoning Regulation and Map Amendment.
BILLS
1. It was moved by Shurtleff and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis) for services rendered for November 2009, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, ZEO, stated she will be issuing violation and enforcement letters to 185 Beacon Road (Cusano), 2 Clay Road (Ryker), and 10 Round Hill Road (Ciola).
NEW BUSINESS
1. 820 Litchfield Turnpike, Application #2009-030 submitted by Ruth Beardsley for a Home Occupation Permit to conduct a part time business of drafting documents and legal research - The Commission formally received the application. Present to speak on behalf of the application was Ruth Beardsley, applicant and owner of record.
Ms. Beardsley reviewed the proposed project noting:
· There will be no client visits.
In discussion, Commission members noted:
· The application has been reviewed by QVHD and the Fire Marshal.
· The Commission received a letter from the RWA dated December 1, 2009, stating that the property is not located within the RWA public water supply watershed area.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Spear and seconded by Shurtleff to approve the following resolution for Application #2009-030 for property located at 820 Litchfield Turnpike:
Whereas, Ruth Beardsley, owner of 820 Litchfield Turnpike, applied to the Planning and Zoning Commission for a professional law office permit to operate a law office at 820 Litchfield Turnpike;
Whereas, the Commission at its regular meeting of December 2, 2009, considered the statement of use, narrative, testimony and other pertinent application information relating to this professional office application;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
Lynn Fox, Quinnipiack Valley Health District representative, signed off on the back of the application form on November 6, 2009 indicating her approval.
Rod White, Fire Marshal, signed off on the back of the application form on December 2, 2009, indicating his approval.
The Commission received a letter dated December 1, 2009, from Ronald Walters of the SCC Regional Water Authority in which he states this property is not located within the RWA public water supply watershed area.
Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4(a) of the Town of Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves Application #2009-030 submitted by Ruth Beardsley to operate a professional law office in her home located at 820 Litchfield Turnpike as outlined in the Statement of Use and with the following condition of approval:
1) As outlined in the Statement of Use dated November 6, 2009, there shall not be employees.
Voting were: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
2. 443 Fairwood Road, Application #2009-031 submitted by Bill and Wendy Grieger for a Change of Use – Acquire inside storage of machinery, equipment, tools and vehicles - The Commission formally received the application. Present to speak on behalf of the application was William Grieger, applicant and owner of record.
Mr. Grieger reviewed the proposed project noting:
· We will be renovating the buildings to make them look like residential homes.
· A roofing company would like to use one of the buildings for inside storage only.
· We submitted an application to the Zoning Board of Appeals to allow a commercial garage in a residential zone and it has not been approved at this time.
In discussion, Commission members noted:
· This application is for inside storage only.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Shurtleff and seconded by Spear to approve the following resolution for Application #2009-031 for property located at 443 Fairwood Road:
Whereas, Bill and Wendy Grieger applied on December 2, 2009, to the Bethany Planning and Zoning Commission for a Change of Use Permit to allow the inside storage of tools, equipment, machinery and vehicles at of 443 Fairwood Road;
Whereas, the Commission at its regular meeting of December 2, 2009, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to allow the inside storage of tools, equipment, machinery and vehicles at 443 Fairwood Road;
Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;
Now Therefore the Commission makes the following findings of fact:
1) John Laudano of the Quinnipiack Valley Health District signed off on the back of the application form on November 20, 2009, indicating his approval, as there would be no on-site employees and no envelope increase.
2) Rod White, Fire Marshal, signed off on the back of the application form on December 2, 2009, indicating his approval.
3) The Commission received a letter dated December 2, 2009, from the Inland Wetlands Commission which states that no Inland Wetland Commission action is required for the change of use to inside storage of tools, equipment, machinery and vehicles. However, the IWC requests to be notified of any future activity conducted outside of the building.
Now Therefore Be It Resolved, that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves the Change of Use Permit to allow the inside storage of tools, equipment, machinery and vehicles at 443 Fairwood Road (Application #2009-031), as presented in the application, statement of use and testimony and with the following conditions:
1) A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
2) The Fire Marshal must sign off prior to a certificate of occupancy.
3) There shall be NO outside storage of any kind on the property.
4) Prior to occupancy by any tenant, the owner shall submit to the ZEO, in writing, the name of the business(es) to occupy the buildings and the nature of the work they perform for her approval.
Voting were: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
3. 3 Northrop Road, Application #2009-032 submitted by Nadia Fainstein for a Special Exception Permit for an Accessory Apartment - The Commission formally received the application. No one was present to speak on behalf of the application. Chairman Huxley asked the ZEO if the application was complete. The ZEO, Isabel Kearns, responded that it was and recommended the Commission schedule a public hearing. The public hearing is scheduled for Wednesday, January 6, 2010, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road. Tabled.
4. Discussion with ZEO regarding proposed Zoning Regulation Amendment to Section 14, ZBA – Isabel Kearns, ZEO, distributed to Commission members the proposed Zoning Regulation Amendments for Section 14.3.C. and 14.1.B.5.e. pertaining to the notice requirements for ZBA applications to abutting property owners. The Commission scheduled a public hearing for Wednesday, February 3, 2010, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
OLD BUSINESS
1. Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.
2. Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Tabled.
3. Town Plan Revision – Discussion and possible action – A revised draft containing photographs of the Town Plan was distributed to all Commission Members. Commission members reviewed and discussed. Tabled.
4. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.
5. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.
6. Update on Halter Estates – Tabled.
It was moved by Winer and seconded by Spear to adjourn the regular meeting at 8:59 p.m.
Unanimous approval.
Respectfully submitted,
Antonia Marek, Clerk
For the Planning and Zoning Commission
REGULAR MEETING OF WEDNESDAY, DECEMBER 2, 2009 Page 1 of 6
The regular meeting of the Planning and Zoning Commission was called to order at 7:36 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Commission members were present:
Sharon Huxley, Chairman
Melissa Spear, Vice-Chairman
John Ford, Member, arrived at 7:40 p.m.
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member
Donald Shea Jr., Alternate Member, seated as a voting member as needed
The following Commission members were absent or excused:
Nellie Rabinowitz, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Hiram Peck, Planning Consultant
Chairman Huxley explained that in reference to Applications #2009-026, #2009-027, and #2009-028 submitted by Mr. James Woodward for 26 and 46 Mesa Drive (Woodward Estates Subdivision), the public hearing scheduled for this evening will not be opened and that Mr. Woodward submitted a letter of consent to an extension of 35 days to begin the public hearing. The public hearing will be re-noticed for Wednesday, January 6, 2010. Chairman Huxley also stated the site walk scheduled for Sunday, December 6, 2009 will be cancelled.
APPROVAL OF MINUTES
1. It was moved by Shurtleff and seconded by Winer to approve, as submitted, the minutes of the November 4, 2009, Regular Meeting.
Voting for: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Email from Eugene Livshits of SCRCOG, dated November 20, 2009, Re: Referral received for proposed Woodward Estates Subdivision and will be review by Regional Planning Commission will review during their December 10, 2009 meeting.
2. Letter from SCC Regional Water Authority, dated December 1, 2009, Re: 820 Litchfield Turnpike, request for home office use, not located within RWA public water supply watershed area.
3. Letter from Inland Wetlands Commission, dated December 2, 2009, Re: 443 Fairwood Road, Inside Storage, no IWC action required.
4. Letter from SCC Regional Water Authority, dated December 1, 2009, Re: 3 Northrop Road, permit for accessory apartment, no review comments.
5. Letter from Robert Walsh, Bethany Building Inspector, dated November 23, 2009, Re: Small Wind Energy Systems under Chapter 17 of the National Building Code.
6. Letter from Nancy McCarthy, Town Clerk, dated November 19, 2009, Re: Request for schedule of PZC regular meetings for 2010 with attached draft schedule prepared by clerk. It was the consensus of the Commission to change the meeting start time to 7:00 p.m. and public hearing start time to 7:30 p.m. Clerk will revise letter and submit to Town Clerk.
7. Letter from James and Linda Chiaraluce of 48 Valley Road, dated November 4, 2009, Re: Purchase of 742 Amity Road (Billy’s Ice Cream/ Nonnie’s and the Post Office).
8. Letter from SCC Regional Planning Commission, to Hamden Government Center, dated November 13, 2009, Re: Town of Hamden: Proposed Zoning Regulation and Map Amendment.
BILLS
1. It was moved by Shurtleff and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis) for services rendered for November 2009, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, ZEO, stated she will be issuing violation and enforcement letters to 185 Beacon Road (Cusano), 2 Clay Road (Ryker), and 10 Round Hill Road (Ciola).
NEW BUSINESS
1. 820 Litchfield Turnpike, Application #2009-030 submitted by Ruth Beardsley for a Home Occupation Permit to conduct a part time business of drafting documents and legal research - The Commission formally received the application. Present to speak on behalf of the application was Ruth Beardsley, applicant and owner of record.
Ms. Beardsley reviewed the proposed project noting:
· There will be no client visits.
In discussion, Commission members noted:
· The application has been reviewed by QVHD and the Fire Marshal.
· The Commission received a letter from the RWA dated December 1, 2009, stating that the property is not located within the RWA public water supply watershed area.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Spear and seconded by Shurtleff to approve the following resolution for Application #2009-030 for property located at 820 Litchfield Turnpike:
Whereas, Ruth Beardsley, owner of 820 Litchfield Turnpike, applied to the Planning and Zoning Commission for a professional law office permit to operate a law office at 820 Litchfield Turnpike;
Whereas, the Commission at its regular meeting of December 2, 2009, considered the statement of use, narrative, testimony and other pertinent application information relating to this professional office application;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
Lynn Fox, Quinnipiack Valley Health District representative, signed off on the back of the application form on November 6, 2009 indicating her approval.
Rod White, Fire Marshal, signed off on the back of the application form on December 2, 2009, indicating his approval.
The Commission received a letter dated December 1, 2009, from Ronald Walters of the SCC Regional Water Authority in which he states this property is not located within the RWA public water supply watershed area.
Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4(a) of the Town of Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves Application #2009-030 submitted by Ruth Beardsley to operate a professional law office in her home located at 820 Litchfield Turnpike as outlined in the Statement of Use and with the following condition of approval:
1) As outlined in the Statement of Use dated November 6, 2009, there shall not be employees.
Voting were: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
2. 443 Fairwood Road, Application #2009-031 submitted by Bill and Wendy Grieger for a Change of Use – Acquire inside storage of machinery, equipment, tools and vehicles - The Commission formally received the application. Present to speak on behalf of the application was William Grieger, applicant and owner of record.
Mr. Grieger reviewed the proposed project noting:
· We will be renovating the buildings to make them look like residential homes.
· A roofing company would like to use one of the buildings for inside storage only.
· We submitted an application to the Zoning Board of Appeals to allow a commercial garage in a residential zone and it has not been approved at this time.
In discussion, Commission members noted:
· This application is for inside storage only.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Shurtleff and seconded by Spear to approve the following resolution for Application #2009-031 for property located at 443 Fairwood Road:
Whereas, Bill and Wendy Grieger applied on December 2, 2009, to the Bethany Planning and Zoning Commission for a Change of Use Permit to allow the inside storage of tools, equipment, machinery and vehicles at of 443 Fairwood Road;
Whereas, the Commission at its regular meeting of December 2, 2009, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to allow the inside storage of tools, equipment, machinery and vehicles at 443 Fairwood Road;
Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;
Now Therefore the Commission makes the following findings of fact:
1) John Laudano of the Quinnipiack Valley Health District signed off on the back of the application form on November 20, 2009, indicating his approval, as there would be no on-site employees and no envelope increase.
2) Rod White, Fire Marshal, signed off on the back of the application form on December 2, 2009, indicating his approval.
3) The Commission received a letter dated December 2, 2009, from the Inland Wetlands Commission which states that no Inland Wetland Commission action is required for the change of use to inside storage of tools, equipment, machinery and vehicles. However, the IWC requests to be notified of any future activity conducted outside of the building.
Now Therefore Be It Resolved, that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves the Change of Use Permit to allow the inside storage of tools, equipment, machinery and vehicles at 443 Fairwood Road (Application #2009-031), as presented in the application, statement of use and testimony and with the following conditions:
1) A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
2) The Fire Marshal must sign off prior to a certificate of occupancy.
3) There shall be NO outside storage of any kind on the property.
4) Prior to occupancy by any tenant, the owner shall submit to the ZEO, in writing, the name of the business(es) to occupy the buildings and the nature of the work they perform for her approval.
Voting were: Huxley, Spear, Ford, Shurtleff, Winer.
Unanimous approval.
3. 3 Northrop Road, Application #2009-032 submitted by Nadia Fainstein for a Special Exception Permit for an Accessory Apartment - The Commission formally received the application. No one was present to speak on behalf of the application. Chairman Huxley asked the ZEO if the application was complete. The ZEO, Isabel Kearns, responded that it was and recommended the Commission schedule a public hearing. The public hearing is scheduled for Wednesday, January 6, 2010, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road. Tabled.
4. Discussion with ZEO regarding proposed Zoning Regulation Amendment to Section 14, ZBA – Isabel Kearns, ZEO, distributed to Commission members the proposed Zoning Regulation Amendments for Section 14.3.C. and 14.1.B.5.e. pertaining to the notice requirements for ZBA applications to abutting property owners. The Commission scheduled a public hearing for Wednesday, February 3, 2010, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
OLD BUSINESS
1. Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.
2. Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Tabled.
3. Town Plan Revision – Discussion and possible action – A revised draft containing photographs of the Town Plan was distributed to all Commission Members. Commission members reviewed and discussed. Tabled.
4. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.
5. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.
6. Update on Halter Estates – Tabled.
It was moved by Winer and seconded by Spear to adjourn the regular meeting at 8:59 p.m.
Unanimous approval.
Respectfully submitted,
Antonia Marek, Clerk
For the Planning and Zoning Commission
BOARD OF FINANCE
DECEMBER 8, 2009
Page 1 of 2
Attendance: Chairman Janet Brunwin, Sally Huyser, Stephen Squinto, Chip Spear, John Grabowski, Robert Brinton Jr., First Selectwoman Derrylyn Gorski
Visitors: Greg Schuyler, Michael Battista
Chairman Brunwin called the meeting to order at 7:00 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.
APPROVAL OF MINUTES
Chairman Brunwin moved a motion to accept the minutes of the meeting of November 10, 2009. The motion was seconded by Huyser. The vote taken was unanimous for acceptance without change.
CORRESPONDENCE
Correspondence with checks, was received by Chairman Brunwin from Superintendent Connellan, for the Education Stimulus Grant. The agreement between the Board of Finance and the Board of Education was that this money would be turned over to the Town, since the grant had been considered in the ECS Grant to the Town for the 2009-10 budget.
AUDIT 2008-09
Greg Schuyler from Marien & Company LLC gave a presentation to the Board of Finance of the Audit for fiscal year 2008-09. In his presentation Greg covered Balance Sheets, the Capital Nonrecurring Fund details, the Budget vs. Actual Tax Collections, Expenditures and Revenues, Tax Collection rate of just under 99%, and the Budget vs. Actual ending budget. The Fund Balance at the end of this fiscal year including the surplus will be $2,601,844 or 12% of Expenditures. The Board talked about transfers to close the books. Chairman Brunwin moved to appropriate $20,000 of Revenue for Contingency Needs Grant and to appropriate $20,000 of Expenses for the Contingency need Grant. Huyser seconded the motion. The vote taken was unanimous. Brinton Jr. commended that he objected to after the fact approval. Brinton also requested periodic reports from the Selectmen on Capital Expenditure items. Chiarman Brunwin made a motion, to move all the balances of all under expended accounts to the Contingency Fund, and to then take money from the Contingency Fund to balance all over expended accounts. This motion was seconded by Squinto. The vote taken was unanimous. A motion was then moved by Chairman Brunwin to accept the audit for fiscal year 2008-09 as presented excluding the Management Letter which will be sent to all members tomorrow. Squinto seconded the motion. The vote taken was unanimous.
CHAIRMAN’S REPORT
Chairman Brunwin reported that the Annual Report requests have been sent out.
The Tax Collections at this time are .3% under last year’s collections.
The meeting schedule for the 2010-2011 Budget Timetable, the Budget Request Form and the Yearly Meeting Schedule were distributed.
Chairman Brunwin shared with the Board members information that she had gathered from the CCM Conference that she recently attended.
The Chairman opened discussion regarding Capital Expenditures to be closed out. No final decision was made on any closures. The Board suggested that First Selectwoman Gorski present a list in writing, for the next meeting, of items to be closed out, and a vote of the Board will be taken to properly close the account.
The Board discussed guidelines to be set for budget preparation. It was determined that the request letter would be sent out indicating no salary increases, and then final consideration to be given when budget is complete, and the mill rate is known. First Selectwoman Gorski felt that since the Town Hall Staff had no increase last year and all other departments did, that it would be unfair to withhold a cost of living increase from them.
SELECTMEN’S REPORT
First Selectwoman Gorski reported a leak on the side gym stage from an air handler in the heating system. This leak had caused a pipe under it, covered with to break away. An environmental company has inspected the damage. An insurance claim will be submitted.
A special Town Meeting will be held December 14, 2009 to discuss the Airport Hangar.
BUDGET REPORT FISCAL YEAR 2009-10
The Board reviewed the revenue and expenditure budget report for November. Board members noted expenditures for Pine Brook Crossing in the Highway Department budget. It will be necessary to make a transfer from the Highway Department budget to the Pine Brook Crossing account.
ADJOURNMENT
Adjournment was called at 8:50 p.m. after a motion was moved by Huyser and seconded by Squinto.
Unanimous approval.
Respectfully submitted,
June G. Riley
Clerk, Board of Finance
DECEMBER 8, 2009
Page 1 of 2
Attendance: Chairman Janet Brunwin, Sally Huyser, Stephen Squinto, Chip Spear, John Grabowski, Robert Brinton Jr., First Selectwoman Derrylyn Gorski
Visitors: Greg Schuyler, Michael Battista
Chairman Brunwin called the meeting to order at 7:00 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.
APPROVAL OF MINUTES
Chairman Brunwin moved a motion to accept the minutes of the meeting of November 10, 2009. The motion was seconded by Huyser. The vote taken was unanimous for acceptance without change.
CORRESPONDENCE
Correspondence with checks, was received by Chairman Brunwin from Superintendent Connellan, for the Education Stimulus Grant. The agreement between the Board of Finance and the Board of Education was that this money would be turned over to the Town, since the grant had been considered in the ECS Grant to the Town for the 2009-10 budget.
AUDIT 2008-09
Greg Schuyler from Marien & Company LLC gave a presentation to the Board of Finance of the Audit for fiscal year 2008-09. In his presentation Greg covered Balance Sheets, the Capital Nonrecurring Fund details, the Budget vs. Actual Tax Collections, Expenditures and Revenues, Tax Collection rate of just under 99%, and the Budget vs. Actual ending budget. The Fund Balance at the end of this fiscal year including the surplus will be $2,601,844 or 12% of Expenditures. The Board talked about transfers to close the books. Chairman Brunwin moved to appropriate $20,000 of Revenue for Contingency Needs Grant and to appropriate $20,000 of Expenses for the Contingency need Grant. Huyser seconded the motion. The vote taken was unanimous. Brinton Jr. commended that he objected to after the fact approval. Brinton also requested periodic reports from the Selectmen on Capital Expenditure items. Chiarman Brunwin made a motion, to move all the balances of all under expended accounts to the Contingency Fund, and to then take money from the Contingency Fund to balance all over expended accounts. This motion was seconded by Squinto. The vote taken was unanimous. A motion was then moved by Chairman Brunwin to accept the audit for fiscal year 2008-09 as presented excluding the Management Letter which will be sent to all members tomorrow. Squinto seconded the motion. The vote taken was unanimous.
CHAIRMAN’S REPORT
Chairman Brunwin reported that the Annual Report requests have been sent out.
The Tax Collections at this time are .3% under last year’s collections.
The meeting schedule for the 2010-2011 Budget Timetable, the Budget Request Form and the Yearly Meeting Schedule were distributed.
Chairman Brunwin shared with the Board members information that she had gathered from the CCM Conference that she recently attended.
The Chairman opened discussion regarding Capital Expenditures to be closed out. No final decision was made on any closures. The Board suggested that First Selectwoman Gorski present a list in writing, for the next meeting, of items to be closed out, and a vote of the Board will be taken to properly close the account.
The Board discussed guidelines to be set for budget preparation. It was determined that the request letter would be sent out indicating no salary increases, and then final consideration to be given when budget is complete, and the mill rate is known. First Selectwoman Gorski felt that since the Town Hall Staff had no increase last year and all other departments did, that it would be unfair to withhold a cost of living increase from them.
SELECTMEN’S REPORT
First Selectwoman Gorski reported a leak on the side gym stage from an air handler in the heating system. This leak had caused a pipe under it, covered with to break away. An environmental company has inspected the damage. An insurance claim will be submitted.
A special Town Meeting will be held December 14, 2009 to discuss the Airport Hangar.
BUDGET REPORT FISCAL YEAR 2009-10
The Board reviewed the revenue and expenditure budget report for November. Board members noted expenditures for Pine Brook Crossing in the Highway Department budget. It will be necessary to make a transfer from the Highway Department budget to the Pine Brook Crossing account.
ADJOURNMENT
Adjournment was called at 8:50 p.m. after a motion was moved by Huyser and seconded by Squinto.
Unanimous approval.
Respectfully submitted,
June G. Riley
Clerk, Board of Finance
Friday, November 20, 2009
BOARD OF FINANCE
NOVEMBER 10, 2009
Page 1 of 2
Attendance: Chairman Janet Brunwin, Robert Brinton Jr. , Steven Squinto, Sally Huyser, John Grabowski, Chip Spear, First Selectwoman Derrylyn Gorski
Visitors: Randy Raddatz, Richard Van Horn
Chairman Brunwin called the meeting to order at 7:00 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.
APPROVAL OF MINUTES
Chairman Brunwin moved to approve the minutes of the previous meeting. Motion seconded by Squinto. Chairman Brunwin amended the minutes regarding the Amity surplus as follows: It is estimated that after the audit is complete there will be a surplus of $52,000 for fiscal year 2008-09 returned to Bethany. The Finance Review Committee has met and developed a Management Letter at their first meeting to address the auditor’s letter. The vote was called. The vote was unanimous for acceptance as amended.
PINE BROOK CROSSING APPROPRIATION AT SPECIAL TOWN MEETING
Randy Raddatz and Richard Van Horn were present to discuss the issue raised at the recent special Town Meeting by them, regarding approval of an over-expenditure from the Capital Expenditure Account for road work after the fact. Attorney McSherry had explained to the Selectmen at their last meet that under State Statute 7-348 that such an expenditure for emergency road work can be done and approval received after the fact. First Selectwoman Gorski and Alan Green had kept the Board of Finance abreast of the problem in question for Pine Brook Crossing, which was due to excess rain fall at the time of repair. First Selectwoman Gorski will further discuss this with Attorney McSherry.
CHAIRMAN’S REPORT
Chairman Brunwin reports that she attended the Amity Financial Meeting. The October 1, 2009 enrollment number will be used to set each town’s percentages of budget for fiscal year 2010-11. Bethany’s percentage will be down from 21.259% to 21.117%. It is estimated at this time that Amity’s total budget will increase by 4.8%.
Amity has received $100,000 in an insurance settlement for the embezzlement case.
Amity Superintendent, John Brady has signed a three year contract. There will be no increase the first year of the contract, a 5% increase in salary the second year of the contract, and a 6% increase the third year.
The auditors have indicated that money will need to be moved from under-expended line items to over-expended line item when the books are closed. They are recommending better fiscal control. Reporting of Capital Expenditure accounts and their expenditures should be reviewed more frequently.
Chairman Brunwin is looking into cost of bonding for major road repairs. To estimate cost of bonding she will consult with Bill Lindsley of IBIC.
FIRST SELECTWOMAN DERRYLYN GORSKI
First Selectwoman Gorski reported that the Facilities Committee has had a meeting and they are co-ordinating a future Capital Expenditures list for all Town buildings. They are seeking quotes for the replacement of windows for Town Hall, to be paid for with the $41,117 Energy Conservation Grant.
The tentative plan is to hold a Special Town December 7, 2009 to present the Airport Hanger project to the Town for discussion.
ADJOURNMENT
Adjournment was called at 8:45 p.m. after a motion was moved by Huyser and seconded by Spear. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Clerk, Board of Finance
NOVEMBER 10, 2009
Page 1 of 2
Attendance: Chairman Janet Brunwin, Robert Brinton Jr. , Steven Squinto, Sally Huyser, John Grabowski, Chip Spear, First Selectwoman Derrylyn Gorski
Visitors: Randy Raddatz, Richard Van Horn
Chairman Brunwin called the meeting to order at 7:00 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.
APPROVAL OF MINUTES
Chairman Brunwin moved to approve the minutes of the previous meeting. Motion seconded by Squinto. Chairman Brunwin amended the minutes regarding the Amity surplus as follows: It is estimated that after the audit is complete there will be a surplus of $52,000 for fiscal year 2008-09 returned to Bethany. The Finance Review Committee has met and developed a Management Letter at their first meeting to address the auditor’s letter. The vote was called. The vote was unanimous for acceptance as amended.
PINE BROOK CROSSING APPROPRIATION AT SPECIAL TOWN MEETING
Randy Raddatz and Richard Van Horn were present to discuss the issue raised at the recent special Town Meeting by them, regarding approval of an over-expenditure from the Capital Expenditure Account for road work after the fact. Attorney McSherry had explained to the Selectmen at their last meet that under State Statute 7-348 that such an expenditure for emergency road work can be done and approval received after the fact. First Selectwoman Gorski and Alan Green had kept the Board of Finance abreast of the problem in question for Pine Brook Crossing, which was due to excess rain fall at the time of repair. First Selectwoman Gorski will further discuss this with Attorney McSherry.
CHAIRMAN’S REPORT
Chairman Brunwin reports that she attended the Amity Financial Meeting. The October 1, 2009 enrollment number will be used to set each town’s percentages of budget for fiscal year 2010-11. Bethany’s percentage will be down from 21.259% to 21.117%. It is estimated at this time that Amity’s total budget will increase by 4.8%.
Amity has received $100,000 in an insurance settlement for the embezzlement case.
Amity Superintendent, John Brady has signed a three year contract. There will be no increase the first year of the contract, a 5% increase in salary the second year of the contract, and a 6% increase the third year.
The auditors have indicated that money will need to be moved from under-expended line items to over-expended line item when the books are closed. They are recommending better fiscal control. Reporting of Capital Expenditure accounts and their expenditures should be reviewed more frequently.
Chairman Brunwin is looking into cost of bonding for major road repairs. To estimate cost of bonding she will consult with Bill Lindsley of IBIC.
FIRST SELECTWOMAN DERRYLYN GORSKI
First Selectwoman Gorski reported that the Facilities Committee has had a meeting and they are co-ordinating a future Capital Expenditures list for all Town buildings. They are seeking quotes for the replacement of windows for Town Hall, to be paid for with the $41,117 Energy Conservation Grant.
The tentative plan is to hold a Special Town December 7, 2009 to present the Airport Hanger project to the Town for discussion.
ADJOURNMENT
Adjournment was called at 8:45 p.m. after a motion was moved by Huyser and seconded by Spear. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Clerk, Board of Finance
BOARD OF SELECTMEN
MONDAY, NOVEMBER 23, 2009
7:30 P.M.
CONFERENCE ROOM, BETHANY TOWN HALL
AGENDA
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES
A. NOVEMBER 9, 2009
B. NOVEMBER 12, 2009
4. OLD BUSINESS
A. WINDOWS FOR TOWN HALL
B. UPDATE ON PAVILION
5. NEW BUSINESS
A. RESOLUTION FOR PENSION PLAN
B. TAX COLLECTOR CONTRACT – CORRECT MUNICIPAL TAX RECOVERY LLC
C. SET DATE FOR TOWN MEETING
6. CORRESPONDENCE
7. ANY OTHER MATTER PROPER TO COME BEFORE THE MEETING
8. ADJOURNMENT
MONDAY, NOVEMBER 23, 2009
7:30 P.M.
CONFERENCE ROOM, BETHANY TOWN HALL
AGENDA
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES
A. NOVEMBER 9, 2009
B. NOVEMBER 12, 2009
4. OLD BUSINESS
A. WINDOWS FOR TOWN HALL
B. UPDATE ON PAVILION
5. NEW BUSINESS
A. RESOLUTION FOR PENSION PLAN
B. TAX COLLECTOR CONTRACT – CORRECT MUNICIPAL TAX RECOVERY LLC
C. SET DATE FOR TOWN MEETING
6. CORRESPONDENCE
7. ANY OTHER MATTER PROPER TO COME BEFORE THE MEETING
8. ADJOURNMENT
BOARD OF SELECTMEN
NOVEMBER 9, 2009
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Robert Walsh, Dawn Brinton, Attorney Kevin McSherry
First Selectwoman Gorski called the meeting to order at 7:35 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. Check signing was the first order of business. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.
APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of October 26, 2009. The motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote was called. The vote was 2 yes votes and 1 abstention that of Selectman Thornquist as he was not present for that meeting.
MANAGEMENT MUNICIPAL ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
The exact amount to be received from the Management Municipal Energy Efficiency and Conservation Block Grant is $41,117. Since the Selectmen’s Meeting of October 26, 2009 where it was it was determined that the best use of the money received would be to replace the windows and doors at the Center Fire House, the Facilities Committee has determined that the money would be better spent by replacing the windows at the Town Hall on the front of the building on the second floor. Further study will be done by the committee as to the type of window, and the cost, to determine how many could be replaced with the funds available.
VETERANS MEMORIAL PARK PAVILION BID
The bid opening for the Veterans Memorial Park Pavilion took place on October 29, 2009. The low bidder was Sinopoli Construction. Following discussion it was determined that the bid should be awarded to Sinopoli Construction as they were low bidder and had met the bid specifications. After the awarding of the bid, a negotiation will take place to eliminate certain items at this time, to lower the cost down to the dollar amount we have to spend at this time, and more funds are made available to complete the project.
AIRPORT HANGER
The Selectmen discussed the calling of a special Town meeting to present to the Town the concept of the Airport Hanger project and allow it to go forward. Approval of the use change and the project must be done before fund raising can begin. The date of December 7, 2009 was suggested as a possible date to hold such a meeting.
EXECUTIVE SESSION TO DISCUSS LAND ACQUISITION, PERSONNEL ISSUE OR PENDING LITIGATION
Selectman Thornquist move to go into executive session at 8:30 p.m. and to invite Attorney McSherry, June Riley and Dawn Brinton to stay for the session to discuss Land Acquisition, Personnel Issues or Pending Litigation. Selectman Shea seconded the motion. The vote was called. The vote was unanimous. At 8:40 p.m. Selectman Shea moved to exit the executive session. Selectman Thornquist seconded the motion. The vote taken was unanimous. No vote emanated from this session.
OTHER
The Selectmen briefly discussed the issue raised at the recent special Town Meeting regarding approval of an over-expenditure from the Capital Expenditure Account for road work after the fact. Attorney McSherry explained under State Statute 7-348 that such an expenditure for emergency road work can be done and approval received after the fact. First Selectwoman Gorski and Alan Green had kept the Board of Finance abreast of the problem in question for Pine Brook Crossing, which was due to excess rain fall at the time of repair.
ADJOURNMENT
Adjournment was called at 8:50 after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
NOVEMBER 9, 2009
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Robert Walsh, Dawn Brinton, Attorney Kevin McSherry
First Selectwoman Gorski called the meeting to order at 7:35 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. Check signing was the first order of business. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.
APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of October 26, 2009. The motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote was called. The vote was 2 yes votes and 1 abstention that of Selectman Thornquist as he was not present for that meeting.
MANAGEMENT MUNICIPAL ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
The exact amount to be received from the Management Municipal Energy Efficiency and Conservation Block Grant is $41,117. Since the Selectmen’s Meeting of October 26, 2009 where it was it was determined that the best use of the money received would be to replace the windows and doors at the Center Fire House, the Facilities Committee has determined that the money would be better spent by replacing the windows at the Town Hall on the front of the building on the second floor. Further study will be done by the committee as to the type of window, and the cost, to determine how many could be replaced with the funds available.
VETERANS MEMORIAL PARK PAVILION BID
The bid opening for the Veterans Memorial Park Pavilion took place on October 29, 2009. The low bidder was Sinopoli Construction. Following discussion it was determined that the bid should be awarded to Sinopoli Construction as they were low bidder and had met the bid specifications. After the awarding of the bid, a negotiation will take place to eliminate certain items at this time, to lower the cost down to the dollar amount we have to spend at this time, and more funds are made available to complete the project.
AIRPORT HANGER
The Selectmen discussed the calling of a special Town meeting to present to the Town the concept of the Airport Hanger project and allow it to go forward. Approval of the use change and the project must be done before fund raising can begin. The date of December 7, 2009 was suggested as a possible date to hold such a meeting.
EXECUTIVE SESSION TO DISCUSS LAND ACQUISITION, PERSONNEL ISSUE OR PENDING LITIGATION
Selectman Thornquist move to go into executive session at 8:30 p.m. and to invite Attorney McSherry, June Riley and Dawn Brinton to stay for the session to discuss Land Acquisition, Personnel Issues or Pending Litigation. Selectman Shea seconded the motion. The vote was called. The vote was unanimous. At 8:40 p.m. Selectman Shea moved to exit the executive session. Selectman Thornquist seconded the motion. The vote taken was unanimous. No vote emanated from this session.
OTHER
The Selectmen briefly discussed the issue raised at the recent special Town Meeting regarding approval of an over-expenditure from the Capital Expenditure Account for road work after the fact. Attorney McSherry explained under State Statute 7-348 that such an expenditure for emergency road work can be done and approval received after the fact. First Selectwoman Gorski and Alan Green had kept the Board of Finance abreast of the problem in question for Pine Brook Crossing, which was due to excess rain fall at the time of repair.
ADJOURNMENT
Adjournment was called at 8:50 after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
BOARD OF SELECTMEN
SPECIAL MEETING
NOVEMBER 12, 2009
Page 1 of 1
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Dawn Brinton, Jeff Haney, Vincent Sinopoli, Attorney Kevin McSherry
First Selectwoman Gorski called the special meeting to order at 3:05 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.
REVIEW AND NEGOTIATION OF PAVILLION PLAN REVISIONS
Discussion was opened regarding options and alternatives to the bid submitted, for the Veteran’s Memorial Park Pavilion, by Sinopoli Construction. The first option of change could be to substitute pressure treated wood instead of steel for the railings. This would lower cost by $9,000. Eliminating bathroom and electrical fixtures at this time would reduce expenditures. Rough plumbing would be completed. However not completed with fixtures. Reducing the number of bathrooms would also be a cost savings. Painting of the bathrooms and block fill could be completed at a later date. The subject of a 100 amp service or a 200 amp service was also discussed. The inside doors could be eliminated until finish work is completed. Construction sequence and costs could be arranged as project is started according to weather.
EXECUTIVE SESSION TO DISCUSS PAVILION CONTRACT AND POTENTIAL REVISIONS TO THE BID PROPOSAL
At 4:10 p.m. Selectman Shea moved to go into executive session to discuss Pavilion Contract and Potential Revisions to the Bid Proposal. Selectman Thornquist seconded the motion. At 4:30 p.m. Selectman Thornquist moved to exit the executive session. Selectman Shea seconded the motion. The vote was called. The motion received a unanimous vote.
No vote eminated from this session.
ADJOURNMENT
The meeting was adjourned at4:31 p.m. after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Administrative Assistant
SPECIAL MEETING
NOVEMBER 12, 2009
Page 1 of 1
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Dawn Brinton, Jeff Haney, Vincent Sinopoli, Attorney Kevin McSherry
First Selectwoman Gorski called the special meeting to order at 3:05 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.
REVIEW AND NEGOTIATION OF PAVILLION PLAN REVISIONS
Discussion was opened regarding options and alternatives to the bid submitted, for the Veteran’s Memorial Park Pavilion, by Sinopoli Construction. The first option of change could be to substitute pressure treated wood instead of steel for the railings. This would lower cost by $9,000. Eliminating bathroom and electrical fixtures at this time would reduce expenditures. Rough plumbing would be completed. However not completed with fixtures. Reducing the number of bathrooms would also be a cost savings. Painting of the bathrooms and block fill could be completed at a later date. The subject of a 100 amp service or a 200 amp service was also discussed. The inside doors could be eliminated until finish work is completed. Construction sequence and costs could be arranged as project is started according to weather.
EXECUTIVE SESSION TO DISCUSS PAVILION CONTRACT AND POTENTIAL REVISIONS TO THE BID PROPOSAL
At 4:10 p.m. Selectman Shea moved to go into executive session to discuss Pavilion Contract and Potential Revisions to the Bid Proposal. Selectman Thornquist seconded the motion. At 4:30 p.m. Selectman Thornquist moved to exit the executive session. Selectman Shea seconded the motion. The vote was called. The motion received a unanimous vote.
No vote eminated from this session.
ADJOURNMENT
The meeting was adjourned at4:31 p.m. after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Administrative Assistant
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, NOVEMBER 4, 2009 Page 1 of 5
The regular meeting of the Planning and Zoning Commission was called to order at 7:32 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Commission members were present:
Sharon Huxley, Chairman
Melissa Spear, Vice-Chairman
John Ford, Member, arrived at 7:37 p.m.
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member
Nelly Rabinowitz, Alternate Member, seated as a voting member as needed.
The following Commission members were absent or excused:
Donald Shea Jr., Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Assistant Zoning Enforcement Officer
Hiram Peck, Planning Consultant
It was moved by Shurtleff and seconded by Spear to move to the items of New Business.
Unanimous approval.
NEW BUSINESS
1. 5 Amity Road – Country Companions Veterinary Services, Application #2009-029 submitted by Bill Ciola/Kimberly McClure Brinton for a Change of Use to conduct behavior classes/counseling and large animal work area - The Commission formally received the application. Present to speak on behalf of the application was Bill Ciola, owner of record and Kimberly McClure Brinton, applicant.
Mrs. Brinton reviewed the proposed project noting:
· She will be conducting behavior classes inside for small and large animals in the north end of the building.
In discussion, Commission members noted:
· The applicant received signoffs from QVHD and Fire Marshal.
· Any replacement of lamp posts with larger ones, the Commission would like full cut off lighting.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Spear and seconded by Shurtleff to approve the following resolution for Application #2009-029 for property located at 5 Amity Road:
Whereas, William Ciola applied on November 4, 2009, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate behavior classes/counseling and large animal work area, for the Country Companions Veterinary Services located next door at 9 Amity Road;
Whereas, the Commission, at its regular meeting of November 4, 2009, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate behavior classes/counseling and large animal work area, for the Country Companions Veterinary Services located next door at 9 Amity Road;
Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;
Now Therefore the Commission makes the following findings of fact:
1) Paul Fernald of the Quinnipiack Valley Health District, signed off on the back of the application form on October 26, 2009, indicating his approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on October 29, 2009, indicating his approval.
3) Ronald Walters of the Regional Water Authority submitted an email dated November 3, 2009, stating that he has no comments on this application.
Now Therefore Be It Resolved, that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate behavior classes/counseling and large animal work area, for the Country Companions Veterinary Services located next door at 9 Amity Road (Application #2009-029), as presented in the application, statement of use and testimony and with the following conditions:
1) A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
2) The Fire Marshal must sign off prior to a certificate of occupancy.
3) If any exterior light fixtures are replaced, they shall be full cut off lighting.
Unanimous approval.
OLD BUSINESS
1. 26 and 46 Mesa Drive, Application #2009-026 submitted by Alan Shepard, P.E. for James W. Woodward Jr. for a Special Exception Permit for Two (2) Rear Lots – Chairman Huxley stated the applications were sent out for Staff Review. Hiram Peck, Planning Consultant, submitted a memo dated October 20, 2009, revised to October 31, 2009, with his review comments on the proposed Woodward Estates and suggested the Commission schedule a site
visit. Both Hiram Peck, Planning Consultant, and Isabel Kearns, Zoning Enforcement Officer, recommended the Commission schedule a public hearing. The Commission
scheduled a public hearing for Wednesday, December 2, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. The Commission also scheduled a site visit for Sunday, December 6, 2009, at 10:00 a.m. Commission members to meet at the site. Tabled.
2. 26 and 46 Mesa Drive, Application #2009-027 submitted by Alan Shepard, P.E. for James W. Woodward Jr. for a Thirteen Lot Subdivision – Woodward Estates – Chairman Huxley stated the applications were sent out for Staff Review. Hiram Peck, Planning Consultant, submitted a memo dated October 20, 2009, revised to October 31, 2009, with his review comments on the proposed Woodward Estates and suggested the Commission schedule a site visit. Both Hiram Peck, Planning Consultant, and Isabel Kearns, Zoning Enforcement Officer, recommended the Commission schedule a public hearing. The Commission scheduled a public hearing for Wednesday, December 2, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. The Commission also scheduled a site visit for Sunday, December 6, 2009, at 10:00 a.m. Commission members to meet at the site. Tabled.
3. 26 and 46 Mesa Drive, Application #2009-028 submitted by Alan Shepard, P.E. for James W. Woodward Jr. for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – Chairman Huxley stated the applications were sent out for Staff Review. Hiram Peck, Planning Consultant, submitted a memo dated October 20, 2009, revised to October 31, 2009, with his review comments on the proposed Woodward Estates and suggested the Commission schedule a site visit. Both Hiram Peck, Planning Consultant, and Isabel Kearns, Zoning Enforcement Officer, recommended the Commission schedule a public hearing. The Commission scheduled a public hearing for Wednesday, December 2, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. The Commission also scheduled a site visit for Sunday, December 6, 2009, at 10:00 a.m. Commission members to meet at the site. Tabled.
APPROVAL OF MINUTES
1. It was moved by Shurtleff and seconded by Spear to approve, as submitted, the minutes of the October 7, 2009, Regular Meeting.
Voting for: Huxley, Spear, Ford, Shurtleff, Rabinowitz,
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from SCC Regional Water Authority to Isabel Kearns, ZEO, dated November 3, 2009, Re: Review of Application #2009-009, 5 Amity Road, change of use.
2. Letter from Quinnipiack Valley Health District, dated January 29, 2008, Re: Review of plans for Woodward Estates, Mesa Drive, Creation of a thirteen lot subdivision.
3. Memo from Hiram Peck, Planning Consultant, revised to October 31, 2009, Review of Woodward Estates, Mesa Drive, 13-lot subdivision.
4. Email from Eugene Livshits, SCRCOG, dated October 20, 2009, Re: Town of Hamden proposed amendments to their Zoning Regulations and Zoning Map. Chairman Huxley stated the Town of Hamden is using the Village District Regulations to identify and preserve all of their smaller villages in the Town of Hamden and to maintain their character.
PUBLICATION AND WORKSHOPS
1. Clearscapes, Newsletter of the Center for Land Use Education and Research at the University of Connecticut, Fall 2009.
2. Connecticut Technology Transfer, Fall 2009.
BILLS
1. It was moved by Spear and seconded by Shurtleff to approve the payment of $1,000.00 (monthly pro rata basis) for services rendered for October 2009, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
OTHER BUSINESS
Hiram Peck, Planning Consultant, reported on the outcome of attending the public hearing at the Beacon Falls Town Hall pertaining to Chatfield Farms. Mr. Peck stated that he spoke to the Beacon Falls Planning and Zoning Commission about not being noticed for the Chatfield Farms public hearing and that the Town of Bethany would like to be notified in the future as required.
ZONING ENFORCEMENT OFFICER’S REPORT
There was no report from ZEO.
OLD BUSINESS (continued)
4. Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.
5. Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Hiram Peck, Planning Consultant, submitted a draft regulation dated October 30, 2009, and discussed with Commission. Mr. Peck asked Commission members to review and decide if the Commission would like to go further. Chairman Huxley asked the Clerk to send the draft regulation to the Conservation Commission and ask them to participate in the review. Chairman Huxley asked Karen Walton, Assistant ZEO, to research if there are any building codes provisions that would cover solar wind energy systems. Tabled.
6. Town Plan Revision – Discussion and possible action – A revised draft of the Town Plan was distributed to all Commission Members. Commission members discussed and suggestions were submitted by Commission Members and Staff. Hiram Peck, Planning Consultant will add in pictures and maps to the draft Town Plan. Melissa Spear, will revise town plan with comments received and resend to Commission. Tabled.
7. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.
8. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.
9. Proposed Ordinance Establishing Citation Procedures and Fines for Zoning Violations – A Town Meeting was held on November 3, 2009, and the ordinance passed.
10. Update on Halter Estates – Tabled.
It was moved by Spear and seconded by Shurtleff to adjourn the regular meeting at 8:50 p.m.
Unanimous approval.
Respectfully submitted,
Antonia Marek, Clerk
For the Planning and Zoning Commission
REGULAR MEETING OF WEDNESDAY, NOVEMBER 4, 2009 Page 1 of 5
The regular meeting of the Planning and Zoning Commission was called to order at 7:32 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Commission members were present:
Sharon Huxley, Chairman
Melissa Spear, Vice-Chairman
John Ford, Member, arrived at 7:37 p.m.
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member
Nelly Rabinowitz, Alternate Member, seated as a voting member as needed.
The following Commission members were absent or excused:
Donald Shea Jr., Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Assistant Zoning Enforcement Officer
Hiram Peck, Planning Consultant
It was moved by Shurtleff and seconded by Spear to move to the items of New Business.
Unanimous approval.
NEW BUSINESS
1. 5 Amity Road – Country Companions Veterinary Services, Application #2009-029 submitted by Bill Ciola/Kimberly McClure Brinton for a Change of Use to conduct behavior classes/counseling and large animal work area - The Commission formally received the application. Present to speak on behalf of the application was Bill Ciola, owner of record and Kimberly McClure Brinton, applicant.
Mrs. Brinton reviewed the proposed project noting:
· She will be conducting behavior classes inside for small and large animals in the north end of the building.
In discussion, Commission members noted:
· The applicant received signoffs from QVHD and Fire Marshal.
· Any replacement of lamp posts with larger ones, the Commission would like full cut off lighting.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Spear and seconded by Shurtleff to approve the following resolution for Application #2009-029 for property located at 5 Amity Road:
Whereas, William Ciola applied on November 4, 2009, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate behavior classes/counseling and large animal work area, for the Country Companions Veterinary Services located next door at 9 Amity Road;
Whereas, the Commission, at its regular meeting of November 4, 2009, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate behavior classes/counseling and large animal work area, for the Country Companions Veterinary Services located next door at 9 Amity Road;
Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;
Now Therefore the Commission makes the following findings of fact:
1) Paul Fernald of the Quinnipiack Valley Health District, signed off on the back of the application form on October 26, 2009, indicating his approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on October 29, 2009, indicating his approval.
3) Ronald Walters of the Regional Water Authority submitted an email dated November 3, 2009, stating that he has no comments on this application.
Now Therefore Be It Resolved, that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to August 27, 2008, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate behavior classes/counseling and large animal work area, for the Country Companions Veterinary Services located next door at 9 Amity Road (Application #2009-029), as presented in the application, statement of use and testimony and with the following conditions:
1) A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
2) The Fire Marshal must sign off prior to a certificate of occupancy.
3) If any exterior light fixtures are replaced, they shall be full cut off lighting.
Unanimous approval.
OLD BUSINESS
1. 26 and 46 Mesa Drive, Application #2009-026 submitted by Alan Shepard, P.E. for James W. Woodward Jr. for a Special Exception Permit for Two (2) Rear Lots – Chairman Huxley stated the applications were sent out for Staff Review. Hiram Peck, Planning Consultant, submitted a memo dated October 20, 2009, revised to October 31, 2009, with his review comments on the proposed Woodward Estates and suggested the Commission schedule a site
visit. Both Hiram Peck, Planning Consultant, and Isabel Kearns, Zoning Enforcement Officer, recommended the Commission schedule a public hearing. The Commission
scheduled a public hearing for Wednesday, December 2, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. The Commission also scheduled a site visit for Sunday, December 6, 2009, at 10:00 a.m. Commission members to meet at the site. Tabled.
2. 26 and 46 Mesa Drive, Application #2009-027 submitted by Alan Shepard, P.E. for James W. Woodward Jr. for a Thirteen Lot Subdivision – Woodward Estates – Chairman Huxley stated the applications were sent out for Staff Review. Hiram Peck, Planning Consultant, submitted a memo dated October 20, 2009, revised to October 31, 2009, with his review comments on the proposed Woodward Estates and suggested the Commission schedule a site visit. Both Hiram Peck, Planning Consultant, and Isabel Kearns, Zoning Enforcement Officer, recommended the Commission schedule a public hearing. The Commission scheduled a public hearing for Wednesday, December 2, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. The Commission also scheduled a site visit for Sunday, December 6, 2009, at 10:00 a.m. Commission members to meet at the site. Tabled.
3. 26 and 46 Mesa Drive, Application #2009-028 submitted by Alan Shepard, P.E. for James W. Woodward Jr. for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – Chairman Huxley stated the applications were sent out for Staff Review. Hiram Peck, Planning Consultant, submitted a memo dated October 20, 2009, revised to October 31, 2009, with his review comments on the proposed Woodward Estates and suggested the Commission schedule a site visit. Both Hiram Peck, Planning Consultant, and Isabel Kearns, Zoning Enforcement Officer, recommended the Commission schedule a public hearing. The Commission scheduled a public hearing for Wednesday, December 2, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. The Commission also scheduled a site visit for Sunday, December 6, 2009, at 10:00 a.m. Commission members to meet at the site. Tabled.
APPROVAL OF MINUTES
1. It was moved by Shurtleff and seconded by Spear to approve, as submitted, the minutes of the October 7, 2009, Regular Meeting.
Voting for: Huxley, Spear, Ford, Shurtleff, Rabinowitz,
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from SCC Regional Water Authority to Isabel Kearns, ZEO, dated November 3, 2009, Re: Review of Application #2009-009, 5 Amity Road, change of use.
2. Letter from Quinnipiack Valley Health District, dated January 29, 2008, Re: Review of plans for Woodward Estates, Mesa Drive, Creation of a thirteen lot subdivision.
3. Memo from Hiram Peck, Planning Consultant, revised to October 31, 2009, Review of Woodward Estates, Mesa Drive, 13-lot subdivision.
4. Email from Eugene Livshits, SCRCOG, dated October 20, 2009, Re: Town of Hamden proposed amendments to their Zoning Regulations and Zoning Map. Chairman Huxley stated the Town of Hamden is using the Village District Regulations to identify and preserve all of their smaller villages in the Town of Hamden and to maintain their character.
PUBLICATION AND WORKSHOPS
1. Clearscapes, Newsletter of the Center for Land Use Education and Research at the University of Connecticut, Fall 2009.
2. Connecticut Technology Transfer, Fall 2009.
BILLS
1. It was moved by Spear and seconded by Shurtleff to approve the payment of $1,000.00 (monthly pro rata basis) for services rendered for October 2009, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.
OTHER BUSINESS
Hiram Peck, Planning Consultant, reported on the outcome of attending the public hearing at the Beacon Falls Town Hall pertaining to Chatfield Farms. Mr. Peck stated that he spoke to the Beacon Falls Planning and Zoning Commission about not being noticed for the Chatfield Farms public hearing and that the Town of Bethany would like to be notified in the future as required.
ZONING ENFORCEMENT OFFICER’S REPORT
There was no report from ZEO.
OLD BUSINESS (continued)
4. Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.
5. Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Hiram Peck, Planning Consultant, submitted a draft regulation dated October 30, 2009, and discussed with Commission. Mr. Peck asked Commission members to review and decide if the Commission would like to go further. Chairman Huxley asked the Clerk to send the draft regulation to the Conservation Commission and ask them to participate in the review. Chairman Huxley asked Karen Walton, Assistant ZEO, to research if there are any building codes provisions that would cover solar wind energy systems. Tabled.
6. Town Plan Revision – Discussion and possible action – A revised draft of the Town Plan was distributed to all Commission Members. Commission members discussed and suggestions were submitted by Commission Members and Staff. Hiram Peck, Planning Consultant will add in pictures and maps to the draft Town Plan. Melissa Spear, will revise town plan with comments received and resend to Commission. Tabled.
7. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.
8. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.
9. Proposed Ordinance Establishing Citation Procedures and Fines for Zoning Violations – A Town Meeting was held on November 3, 2009, and the ordinance passed.
10. Update on Halter Estates – Tabled.
It was moved by Spear and seconded by Shurtleff to adjourn the regular meeting at 8:50 p.m.
Unanimous approval.
Respectfully submitted,
Antonia Marek, Clerk
For the Planning and Zoning Commission
BOARD OF SELECTMEN
NOVEMBER 9, 2009
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Robert Walsh, Dawn Brinton, Attorney Kevin McSherry
First Selectwoman Gorski called the meeting to order at 7:35 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. Check signing was the first order of business. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.
APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of October 26, 2009. The motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote was called. The vote was 2 yes votes and 1 abstention that of Selectman Thornquist as he was not present for that meeting.
MANAGEMENT MUNICIPAL ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
The exact amount to be received from the Management Municipal Energy Efficiency and Conservation Block Grant is $41,117. Since the Selectmen’s Meeting of October 26, 2009 where it was it was determined that the best use of the money received would be to replace the windows and doors at the Center Fire House, the Facilities Committee has determined that the money would be better spent by replacing the windows at the Town Hall on the front of the building on the second floor. Further study will be done by the committee as to the type of window, and the cost, to determine how many could be replaced with the funds available.
VETERANS MEMORIAL PARK PAVILION BID
The bid opening for the Veterans Memorial Park Pavilion took place on October 29, 2009. The low bidder was Sinopoli Construction. Following discussion it was determined that the bid should be awarded to Sinopoli Construction as they were low bidder and had met the bid specifications. After the awarding of the bid, a negotiation will take place to eliminate certain items at this time, to lower the cost down to the dollar amount we have to spend at this time, and more funds are made available to complete the project.
AIRPORT HANGER
The Selectmen discussed the calling of a special Town meeting to present to the Town the concept of the Airport Hanger project and allow it to go forward. Approval of the use change and the project must be done before fund raising can begin. The date of December 7, 2009 was suggested as a possible date to hold such a meeting.
EXECUTIVE SESSION TO DISCUSS LAND ACQUISITION, PERSONNEL ISSUE OR PENDING LITIGATION
Selectman Thornquist move to go into executive session at 8:30 p.m. and to invite Attorney McSherry, June Riley and Dawn Brinton to stay for the session to discuss Land Acquisition, Personnel Issues or Pending Litigation. Selectman Shea seconded the motion. The vote was called. The vote was unanimous. At 8:40 p.m. Selectman Shea moved to exit the executive session. Selectman Thornquist seconded the motion. The vote taken was unanimous. No vote emanated from this session.
OTHER
The Selectmen briefly discussed the issue raised at the recent special Town Meeting regarding approval of an over-expenditure from the Capital Expenditure Account for road work after the fact. Attorney McSherry explained under State Statute 7-348 that such an expenditure for emergency road work can be done and approval received after the fact. First Selectwoman Gorski and Alan Green had kept the Board of Finance abreast of the problem in question for Pine Brook Crossing, which was due to excess rain fall at the time of repair.
ADJOURNMENT
Adjournment was called at 8:50 after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
NOVEMBER 9, 2009
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Robert Walsh, Dawn Brinton, Attorney Kevin McSherry
First Selectwoman Gorski called the meeting to order at 7:35 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. Check signing was the first order of business. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.
APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of October 26, 2009. The motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote was called. The vote was 2 yes votes and 1 abstention that of Selectman Thornquist as he was not present for that meeting.
MANAGEMENT MUNICIPAL ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
The exact amount to be received from the Management Municipal Energy Efficiency and Conservation Block Grant is $41,117. Since the Selectmen’s Meeting of October 26, 2009 where it was it was determined that the best use of the money received would be to replace the windows and doors at the Center Fire House, the Facilities Committee has determined that the money would be better spent by replacing the windows at the Town Hall on the front of the building on the second floor. Further study will be done by the committee as to the type of window, and the cost, to determine how many could be replaced with the funds available.
VETERANS MEMORIAL PARK PAVILION BID
The bid opening for the Veterans Memorial Park Pavilion took place on October 29, 2009. The low bidder was Sinopoli Construction. Following discussion it was determined that the bid should be awarded to Sinopoli Construction as they were low bidder and had met the bid specifications. After the awarding of the bid, a negotiation will take place to eliminate certain items at this time, to lower the cost down to the dollar amount we have to spend at this time, and more funds are made available to complete the project.
AIRPORT HANGER
The Selectmen discussed the calling of a special Town meeting to present to the Town the concept of the Airport Hanger project and allow it to go forward. Approval of the use change and the project must be done before fund raising can begin. The date of December 7, 2009 was suggested as a possible date to hold such a meeting.
EXECUTIVE SESSION TO DISCUSS LAND ACQUISITION, PERSONNEL ISSUE OR PENDING LITIGATION
Selectman Thornquist move to go into executive session at 8:30 p.m. and to invite Attorney McSherry, June Riley and Dawn Brinton to stay for the session to discuss Land Acquisition, Personnel Issues or Pending Litigation. Selectman Shea seconded the motion. The vote was called. The vote was unanimous. At 8:40 p.m. Selectman Shea moved to exit the executive session. Selectman Thornquist seconded the motion. The vote taken was unanimous. No vote emanated from this session.
OTHER
The Selectmen briefly discussed the issue raised at the recent special Town Meeting regarding approval of an over-expenditure from the Capital Expenditure Account for road work after the fact. Attorney McSherry explained under State Statute 7-348 that such an expenditure for emergency road work can be done and approval received after the fact. First Selectwoman Gorski and Alan Green had kept the Board of Finance abreast of the problem in question for Pine Brook Crossing, which was due to excess rain fall at the time of repair.
ADJOURNMENT
Adjournment was called at 8:50 after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
Tuesday, November 10, 2009
SPECIAL TOWN MEETING
Pinebrook Crossing - Repairs
Carmel Road - Emergency repairs
Peddling & Soliciting – Increase in fees
Land Use Violations – Fines & Hearing Procedure
November 3, 2009
First Selectwoman Gorski called the Special Town Meeting to order at 7:05
p.m. There were approximately 160 in attendance. The meeting began with everyone standing for the Pledge of Allegiance.
The First Selectwoman called for nominations from the floor for a moderator. There was a motion by Steven Thornquist, duly seconded to nominate Bill Blake. There were no further nominations.
Moderator Blake read the legal notice for the meeting.
Item (1) on the call: To approve, modify or reject the recommendation of the Board of Finance to expend the sum of $45,000.00 for additional costs to be incurred for the repair of the bridge located on Pinebrook Crossing.
Moderator Blake called on Highway Foreman, Alan Green to speak about the repairs that have been made to the bridge.
Alan Green, Highway Forman stated that there were unforeseen issues with replacing the bridge at Pine Brook Crossing. It was necessary to divert water after heavy rains and guard rails were installed.
Richard Van Horn – 86 Crestwood Road - Have you already spent the additional $45,000? Yes. Any expenditure over $20,000 has to come to the town for approval first before it is spent.
Town Counsel Kevin McSherry - If the money spent is within the appropriated budget it is allowed to be spent.
Russell von Beren – 134 Wooding Hill Rd - What was the original estimate for the bridge repair? $170,000.
Randall Raddatz - 22 Bethridge Rd – I believe on December 27, 2007 there was a special town meeting to approve in advance $150,000. The meeting was held then in order to get 2007 pricing. We approved in advance as statute requires. The resolution should state – to approve additional costs that have been incurred instead of to be incurred.
Van Horn – Obviously we have overspent the budget without prior approval.
A motion to move the resolution to a vote was moved and duly seconded. Overwhelming yeas.
Item (2) on the call: To approve, modify or reject the recommendation of the Board of Finance to expend the sum of $30,000.00 for emergency repairs to Carmel Road.
von Beren – What repairs?
Highway Foreman Green – We will be replacing a head wall. The rain in recent years has washed out the wall.
Richard Photos – 45 Carmel Rd - Will the drain pipes on my side be repaired, as well? It is like an ice skating rink. Yes.
Bernice Mozealous – 44 Carmel Rd - Are you fixing the curb? The water drains and the curbing would help this problem.
Highway Foreman Green – Possibly, yes.
There were no further questions. A motion to move the resolution to a vote was made and duly seconded. Overwhelming yeas.
Item (3) on the call: To amend Chapter 157, Peddling and Soliciting to Increase the Fees charge for registration from $2.00 per year to $50.00 per month for Non-Residents and $25.00 per month for residents, (veterans, school age children, local civic organizations and persons or their campaigns running for elected offices are exempt).
Steven Press, Jr. - 280 Downs Rd – would like to propose an amendment to the resolution to remove the exemption for politicians so that they will also pay the fee. It will serve as a reminder of the burden of their fellow tax payers.
Town Counsel stated that it may not be legal to charge candidates who campaign.
S. Press, Jr. - Candidates and politicians should pay the fees as well. Counsel has said there may be a legal issue.
There was a motion made and duly seconded to amend the resolution.
Derrylyn Gorski, First Selectwoman – I believe state statute exempts from charging local candidates running for office. A vendor is a for profit entity.
Betsey Thornqist – 25 Oak Ridge Dr – If the resolution turns out to be illegal, will it invalidate the entire resolution?
Atty McSherry – It will invalidate that portion. It would be seriously challenged by the First Amendment rights and American Civil Liberties Union across the country. We have a right to go politicing and I do not believe the amendment to the resolution would be legal.
Art Slicer – 70 Lacey Rd – The candidates from out of state or national we would be justified in charging but not our local candidates.
Larry Corrone 35 Russell Rd – Politicians should be reminded of how bad taxes are.
Jim Foley – 41 Pleasant Dr – Politicians are giving to the town and should not be charged for campaigning. That’s the right to free speech. It would be silly for the town to get in the middle of it.
S. Press, Jr. – If it can’t pass with the amendment then delete the entire resolution.
Moderator Blake asked for a motion to remove the exemption for persons and/or their campaigns running for political office. The voice vote taken was - overwhelming nays.
Thomas DeFillippo – 739 Carrington Rd – made a motion for a hand vote, duly seconded by L. Corrone. In favor of amending the resolution – 36; Against – 64. The original resolution stands.
First Selectwoman Gorski – The Town Clerk approached the Board of Selectmen asking about raising the fees for vendors. There has been an increase in the last few years in persons inquiring about obtaining a vendors/peddling & soliciting permit. The fee has been $2.00 since 1971. Prospect’s vending ordinance is $5.00 per day for resident and $50 per day for nonresident. The fees in surrounding towns range from $10 a month to $450 a year. The fee is higher for non residents because residents are already taxpayers in the town. A non-resident has equipment and vehicles that are taxed in another town. The job of the Board of Selectmen is to give support to the local Bethany businesses and that is why there was a decision to raise the vending fees. That is the history of this particular resolution.
Bruce Hescock - 160 Humiston Dr - How would this affect the farmer’s market and Lion’ s
Club Tag Sales? Would the vendors themselves have to pay the fee?
First Selectwoman Gorski - Civic organizations are exempt, as well as farmer’s markets.
Farmer’s markets are exempt by state statute.
Russell Arpaia- Woodbridge – There are many businesses in town that lease and do not own property. I operate in Woodbridge where the annual fee is $75 and in Orange where the annual fee is $25. The fee in New Haven is $200 a year. To make it $600 a year is not fair. The State Police had me shut down the other day because I was selling breakfast sandwiches before 9:00 a.m. The health department said my food truck is the nicest they have seen. I do not think this proposed ordinance is fair and I believe it is written for me. I ask that the residents of Bethany defeat this ordinance.
von Beren – There must be some justification rather than to go from $2.00 to $600. What do we have to do besides issue the permit? What other cost does the Town of Bethany have?
First Selectwoman Gorski stated again that the fee is not $600 a year but $50 a month.
Press, Jr. – Government states as a market regulator that the town cannot discriminate against nonresident for residents.
Town Counsel McSherry – Not applicable to apply inter-commerce issues to things that fall directly in the guise of the Bethany Code of ordinances and always has. The $2.00 structure has always been in place with local exemptions. Increasing the fees is to cover some of the costs that are incurred on a regular basis by the Town Clerk’s Office.
Foley – I have a small business. I do my business from my home which requires no support from the town, no one comes to visit my house and yet I pay extra taxes for the privilege to do so as does every business man sitting here tonight. We have the right as businessmen to ask that other people doing business in our town that pay no taxes start paying their share.
L.Corrone – taxes are getting out of hand. Maybe taxes should be reduced.
B. Thornquist – I would just ask that we keep the conversation non personal and to the issue at hand.
Thomas Hunt – 809 Carrington Rd – I own a business in town. I agree that taxes are high enough regardless of whether you own a business or not. I don’t believe that there should be any fee for residents.
Salvatore LaPaglia – 648 Amity Rd – There is not a problem with paying a fee. It is just the amount of the fee. Others towns are charging $150. $600 doesn’t make sense.
Sharon Huxley – 340 Old Mill Rd – Who pays for the QVHD inspections?
Arpaia - The vendors pay for their own inspection. The fee is totally separate.
Town Counsel McSherry - That is correct but the Town hires QVHD to be its health department. We pay them to issue your license although you pay the fee to them. They get paid from us and from you.
Dave Forman – Tax Collector -329 Downs Rd – Many businesses in town pay personal taxes. What would you consider a fair fee?
Arpaia - $100 or $150.
Forman – In comparison with what businesses in Bethany pay, $100 - $150 would not be out of line.
The question was asked as to whether the amount was for non residents, residents or both? That also raises the issue that the monthly fee be 1/12 of that.
S. Thornquist – For clarification, you are making someone coming in for a month to sell ice cream for $50, pay the yearly fee of $150. If you want to make it so that someone who does temporary business in town pays a lesser fee than someone who does permanent business in town then you need to make it a monthly, weekly or daily fee.
David Jackson -171 Miller Rd – The resolution needs to be broken down because there is more than one issue.
William Sawdon -164 Hilldale Rd – Modify amendment to $10.00 a month and $120 a year regardless of resident or nonresident.
There was a motion made to accept the amendment to the resolution by David Forman, duly seconded by Donald Shea.
Art Slicer – 70 Lacey Rd – This is an ill-conceived idea. I think it should be tabled for further discussion and clarification. This is not the place to decide the fee. A motion was made to table the resolution by Arthur Slicer, duly seconded.
S. Thornquist – This is not a particularly complex issue. I think we have heard some strong opinions about this issue. This is exactly what the town meeting is supposed to do. Get the opinions of those present and come to a decision.
The Moderator called a motion to table the resolution. Overwhelming nays.
A motion was made, and duly seconded to amend the resolution to change the monthly fee to $10 and the annual fee to $120. Overwhelming yeas.
Rosemary DeFillippo – 739 Carrington Rd - We need to address the $500 penalty fee. Change the penalty to $10 for first offense and $120 for second offense.
There was a motion duly seconded to move the amendment to the resolution to a vote.
Brian Eitzer – 11Carriage Dr – If the penalty is the same as the cost no one will want to pay but will wait to see if they get caught. Penalties are made for a reason.
Slicer – We should charge $1,000 if they break the law but $500 is a reasonable amount.
Pat MacGregor - 65 Anthony Ct – There is a valid reason to follow the rules and do things right up front. $500 is a reasonable penalty.
Foley – The concept of a penalty is the result of violating a rule. I think that the penalty encourages people to obey the laws. The penalty clause as it stands should remain.
A motion to amend the penalty clause from $500 to $10 first offense and $120 second offense was called. The amendment does not carry. Overwhelming nays.
A motion to call the amended resolution of $10 per month and $120 per year for the Peddling and Soliciting Fee was made. Overwhelming yeas.
Item (4) on the call: To amend Chapter 129 of the Code of the Town of Bethany to add an Ordinance Establishing Fines for Land Use Violations and an Ordinance Establishing A Hearing Procedure For Land Use Violations.
A motion was made and duly seconded to dispense with reading of the resolution.
Sharon Huxley, Planning & Zoning Chairman – Gave a brief overview of the amended Land Use ordinance. If someone violates a rule unknowingly, than everything is done to settle the matter in an amicable fashion. Once a complaint is made, there will first be a call from the ZEO - an inquiry. You may get a first notice of a violation followed by a second a month later. After a period of time, if nothing is happening, and it is becoming reasonably certain that further steps must be taken, the ZEO will file a cease and desist. At that point, the violator has 30 days to appeal to the Zoning Board of Appeals. It is at this point that we sometimes run into problems. The next level of action that we have, unfortunately, is an injunction to take someone to court. We do not want to do that. It is expensive for all parties. We are only talking about serious violations that have gone on for years. It sometimes does not get resolved until someone is getting ready to sell their land. We would like for everyone to be aware and abide by the same rules as their neighbors and everyone else who pays taxes.
Pat MacGregor - Inland Wetlands Chairman - We want to be able to resolve these issues at the town level without undue cost to the taxpayers or legal expense to the town. These issues need to be addressed locally. In general, residents follow the regulations.
Hiram Peck -Town Planner – There are two parts to the ordinance. The first is to establish the fines and show how those fines would work. The second part is the ordinance establishing a hearing. This ordinance would probably be the 5th, 6th or 7th step in a long process. This is an intermediate process between the normal zoning enforcement process and going to court. It was designed to be user friendly. A number of other towns in the area have done the same thing and it has worked extremely well.
Marcel Languerand - 173 Carrington Rd – Do the same rules apply to all? If a violation is picked up on one road and the same thing is happening on another road. How does that work?
S. Huxley – We don’t go looking for things that are wrong. It is always on a complaint basis.
Kristine Sullivan - 783 Amity Rd – When the letter is sent out it will site the regulation that is being violated and provision of the ordinance. A person would know and be able to get the information. They will be aware of what is happening. When the enforcement officer is writing their letter they will be including all the appropriate language. The people will know what their rights are and what the responsibilities and consequences are of doing what is not correct.
S. Huxley - Currently there are eight residential violations that are large issues and 4 violations in the business & industry zones. These fines are since 2004.
P. MacGregor - We have seen a level of frustration from residents and business owners in town in the past several years where you try to resolve an informal cease & desist process or you go to court. This ordinance will help to give us another set of tools to resolve things.
Jack Ellison - 55 Green Hill Rd – This is not a clean up attempt or punitive measure. It is not between the town and the person that is violating this regulation. It is also to protect land holders that may have a violation impinging upon their land.
Randy Raddatz – 22 Bethridge Rd – Each day that a violation continues shall be deemed a separate offense? Does this mean that the fine accrues from the day the violation occurs? Question 2 - Is the anticipatory potential noise ordinance in this or separate?
Town Counsel McSherry - There is no fine until a citation is issued and then it can accrue. Question 2 – It will be a separate and distinct ordinance.
Sue Ryker – 2 Clay Rd – The town is taking too much control.
S. Huxley - Some complaints are totally baseless. An investigation will take place before any fines are issued.
P. MacGregor – The process of investigating a complaint is the same as what it is right now. That is not changing. The amended ordinance is not adding any new rules about what we can or can’t do in our town or on our property. It is providing tools to better be able to resolve these issues.
S. Thornquist – The goal of the resolution is not to hit people with fines but address them before they get to a fine. The resolution states that if after years of investigation no compliance is made, then maybe you will get a fine.
Bill Grieger - 185 Fairwood Rd – I have a small farm and it has taken me years to make my property the way it is. Why do we need this fine instead of checking with our neighbors if there is a problem. I have been to Inland Wetlands five times in order to make my place nice. This town is supposed to be rural.
Jack Ellison - 55 Green Hill Rd - Is a violation being broken and if so we are asking those being impacted to come and talk at the town level. Right now we have the ability to issue a citation, then take someone to court. The court expense is tens of thousands of dollars. The tax payers are the ones who will pay that. Right now the neighbors who are being impacted have no way to bring the situation to a resolution.
Janet Finneran - 648 Carrington Rd – Are the procedures that you describe written down anywhere?
S. Huxley – They are in the enforcement section of the regulations.
Warren Buchter – 181 Beacon Rd – I have to say that this whole issue probably applies to me more than anyone else. There have been issues going on for twelve years in my neighborhood. I’ve been dealing with it for seven years. I’ve gone to the town Zoning Department, Zoning Enforcement, First Selectman’s office, Town Counsel, D.E.P. and QVHD, who has been very helpful in resolving some of these issues. Repeatedly I am told that the violations are not enforceable. There is no provision in the ordinance to enforce noncompliance. I strongly urge that everyone vote in favor of this resolution tonight.
S. Press, Jr. - What if a citizen prefers to take the town to court as opposed to dealing with the town? Is that still an option?
Town Counsel McSherry – The Zoning Enforcement Officer issues you a cease & desist order. You have a right to appeal it to the ZBA. You need to exhaust your administrative appeal to the ZBA. If the ZBA files against you, you can take their decision to court within fifteen days of the notice being placed in the newspaper. You can appeal and at that point everything stays. Nothing happens then until the court deals with it and there’s a conclusion to that decision. Once there is a conclusion, the court can then implement its own orders or it comes back to where we started with the ZBA which may be several years down the road. At that point the fine could be issued by the issuing authority but you would have your day in court. Once the fine is issued you could again appeal the decision to the hearing officer and there would be more time spent in court.
There was a motion made by Steven Thornquist and duly seconded bo vote by written ballot.
J. Foley – We are all concerned residents of the Town of Bethany. Why can’t we stand up and have our vote counted?
S. Thornquist - I have a right to vote and I have a right for that vote to be kept secret as we do on election day. There are neighbors here that may have issues with other neighbors and it would not be fair to force them to vote in public.
The vote was taken by written ballot – In favor of amending the Land Use ordinance - yeas – 70; nays – 55. Passed.
A motion was made and duly seconded to adjourn the meeting. The meeting was adjourned at 9:40 p.m.
Respectfully submitted,
Nancy A. McCarthy, CMC
Town Clerk
Pinebrook Crossing - Repairs
Carmel Road - Emergency repairs
Peddling & Soliciting – Increase in fees
Land Use Violations – Fines & Hearing Procedure
November 3, 2009
First Selectwoman Gorski called the Special Town Meeting to order at 7:05
p.m. There were approximately 160 in attendance. The meeting began with everyone standing for the Pledge of Allegiance.
The First Selectwoman called for nominations from the floor for a moderator. There was a motion by Steven Thornquist, duly seconded to nominate Bill Blake. There were no further nominations.
Moderator Blake read the legal notice for the meeting.
Item (1) on the call: To approve, modify or reject the recommendation of the Board of Finance to expend the sum of $45,000.00 for additional costs to be incurred for the repair of the bridge located on Pinebrook Crossing.
Moderator Blake called on Highway Foreman, Alan Green to speak about the repairs that have been made to the bridge.
Alan Green, Highway Forman stated that there were unforeseen issues with replacing the bridge at Pine Brook Crossing. It was necessary to divert water after heavy rains and guard rails were installed.
Richard Van Horn – 86 Crestwood Road - Have you already spent the additional $45,000? Yes. Any expenditure over $20,000 has to come to the town for approval first before it is spent.
Town Counsel Kevin McSherry - If the money spent is within the appropriated budget it is allowed to be spent.
Russell von Beren – 134 Wooding Hill Rd - What was the original estimate for the bridge repair? $170,000.
Randall Raddatz - 22 Bethridge Rd – I believe on December 27, 2007 there was a special town meeting to approve in advance $150,000. The meeting was held then in order to get 2007 pricing. We approved in advance as statute requires. The resolution should state – to approve additional costs that have been incurred instead of to be incurred.
Van Horn – Obviously we have overspent the budget without prior approval.
A motion to move the resolution to a vote was moved and duly seconded. Overwhelming yeas.
Item (2) on the call: To approve, modify or reject the recommendation of the Board of Finance to expend the sum of $30,000.00 for emergency repairs to Carmel Road.
von Beren – What repairs?
Highway Foreman Green – We will be replacing a head wall. The rain in recent years has washed out the wall.
Richard Photos – 45 Carmel Rd - Will the drain pipes on my side be repaired, as well? It is like an ice skating rink. Yes.
Bernice Mozealous – 44 Carmel Rd - Are you fixing the curb? The water drains and the curbing would help this problem.
Highway Foreman Green – Possibly, yes.
There were no further questions. A motion to move the resolution to a vote was made and duly seconded. Overwhelming yeas.
Item (3) on the call: To amend Chapter 157, Peddling and Soliciting to Increase the Fees charge for registration from $2.00 per year to $50.00 per month for Non-Residents and $25.00 per month for residents, (veterans, school age children, local civic organizations and persons or their campaigns running for elected offices are exempt).
Steven Press, Jr. - 280 Downs Rd – would like to propose an amendment to the resolution to remove the exemption for politicians so that they will also pay the fee. It will serve as a reminder of the burden of their fellow tax payers.
Town Counsel stated that it may not be legal to charge candidates who campaign.
S. Press, Jr. - Candidates and politicians should pay the fees as well. Counsel has said there may be a legal issue.
There was a motion made and duly seconded to amend the resolution.
Derrylyn Gorski, First Selectwoman – I believe state statute exempts from charging local candidates running for office. A vendor is a for profit entity.
Betsey Thornqist – 25 Oak Ridge Dr – If the resolution turns out to be illegal, will it invalidate the entire resolution?
Atty McSherry – It will invalidate that portion. It would be seriously challenged by the First Amendment rights and American Civil Liberties Union across the country. We have a right to go politicing and I do not believe the amendment to the resolution would be legal.
Art Slicer – 70 Lacey Rd – The candidates from out of state or national we would be justified in charging but not our local candidates.
Larry Corrone 35 Russell Rd – Politicians should be reminded of how bad taxes are.
Jim Foley – 41 Pleasant Dr – Politicians are giving to the town and should not be charged for campaigning. That’s the right to free speech. It would be silly for the town to get in the middle of it.
S. Press, Jr. – If it can’t pass with the amendment then delete the entire resolution.
Moderator Blake asked for a motion to remove the exemption for persons and/or their campaigns running for political office. The voice vote taken was - overwhelming nays.
Thomas DeFillippo – 739 Carrington Rd – made a motion for a hand vote, duly seconded by L. Corrone. In favor of amending the resolution – 36; Against – 64. The original resolution stands.
First Selectwoman Gorski – The Town Clerk approached the Board of Selectmen asking about raising the fees for vendors. There has been an increase in the last few years in persons inquiring about obtaining a vendors/peddling & soliciting permit. The fee has been $2.00 since 1971. Prospect’s vending ordinance is $5.00 per day for resident and $50 per day for nonresident. The fees in surrounding towns range from $10 a month to $450 a year. The fee is higher for non residents because residents are already taxpayers in the town. A non-resident has equipment and vehicles that are taxed in another town. The job of the Board of Selectmen is to give support to the local Bethany businesses and that is why there was a decision to raise the vending fees. That is the history of this particular resolution.
Bruce Hescock - 160 Humiston Dr - How would this affect the farmer’s market and Lion’ s
Club Tag Sales? Would the vendors themselves have to pay the fee?
First Selectwoman Gorski - Civic organizations are exempt, as well as farmer’s markets.
Farmer’s markets are exempt by state statute.
Russell Arpaia- Woodbridge – There are many businesses in town that lease and do not own property. I operate in Woodbridge where the annual fee is $75 and in Orange where the annual fee is $25. The fee in New Haven is $200 a year. To make it $600 a year is not fair. The State Police had me shut down the other day because I was selling breakfast sandwiches before 9:00 a.m. The health department said my food truck is the nicest they have seen. I do not think this proposed ordinance is fair and I believe it is written for me. I ask that the residents of Bethany defeat this ordinance.
von Beren – There must be some justification rather than to go from $2.00 to $600. What do we have to do besides issue the permit? What other cost does the Town of Bethany have?
First Selectwoman Gorski stated again that the fee is not $600 a year but $50 a month.
Press, Jr. – Government states as a market regulator that the town cannot discriminate against nonresident for residents.
Town Counsel McSherry – Not applicable to apply inter-commerce issues to things that fall directly in the guise of the Bethany Code of ordinances and always has. The $2.00 structure has always been in place with local exemptions. Increasing the fees is to cover some of the costs that are incurred on a regular basis by the Town Clerk’s Office.
Foley – I have a small business. I do my business from my home which requires no support from the town, no one comes to visit my house and yet I pay extra taxes for the privilege to do so as does every business man sitting here tonight. We have the right as businessmen to ask that other people doing business in our town that pay no taxes start paying their share.
L.Corrone – taxes are getting out of hand. Maybe taxes should be reduced.
B. Thornquist – I would just ask that we keep the conversation non personal and to the issue at hand.
Thomas Hunt – 809 Carrington Rd – I own a business in town. I agree that taxes are high enough regardless of whether you own a business or not. I don’t believe that there should be any fee for residents.
Salvatore LaPaglia – 648 Amity Rd – There is not a problem with paying a fee. It is just the amount of the fee. Others towns are charging $150. $600 doesn’t make sense.
Sharon Huxley – 340 Old Mill Rd – Who pays for the QVHD inspections?
Arpaia - The vendors pay for their own inspection. The fee is totally separate.
Town Counsel McSherry - That is correct but the Town hires QVHD to be its health department. We pay them to issue your license although you pay the fee to them. They get paid from us and from you.
Dave Forman – Tax Collector -329 Downs Rd – Many businesses in town pay personal taxes. What would you consider a fair fee?
Arpaia - $100 or $150.
Forman – In comparison with what businesses in Bethany pay, $100 - $150 would not be out of line.
The question was asked as to whether the amount was for non residents, residents or both? That also raises the issue that the monthly fee be 1/12 of that.
S. Thornquist – For clarification, you are making someone coming in for a month to sell ice cream for $50, pay the yearly fee of $150. If you want to make it so that someone who does temporary business in town pays a lesser fee than someone who does permanent business in town then you need to make it a monthly, weekly or daily fee.
David Jackson -171 Miller Rd – The resolution needs to be broken down because there is more than one issue.
William Sawdon -164 Hilldale Rd – Modify amendment to $10.00 a month and $120 a year regardless of resident or nonresident.
There was a motion made to accept the amendment to the resolution by David Forman, duly seconded by Donald Shea.
Art Slicer – 70 Lacey Rd – This is an ill-conceived idea. I think it should be tabled for further discussion and clarification. This is not the place to decide the fee. A motion was made to table the resolution by Arthur Slicer, duly seconded.
S. Thornquist – This is not a particularly complex issue. I think we have heard some strong opinions about this issue. This is exactly what the town meeting is supposed to do. Get the opinions of those present and come to a decision.
The Moderator called a motion to table the resolution. Overwhelming nays.
A motion was made, and duly seconded to amend the resolution to change the monthly fee to $10 and the annual fee to $120. Overwhelming yeas.
Rosemary DeFillippo – 739 Carrington Rd - We need to address the $500 penalty fee. Change the penalty to $10 for first offense and $120 for second offense.
There was a motion duly seconded to move the amendment to the resolution to a vote.
Brian Eitzer – 11Carriage Dr – If the penalty is the same as the cost no one will want to pay but will wait to see if they get caught. Penalties are made for a reason.
Slicer – We should charge $1,000 if they break the law but $500 is a reasonable amount.
Pat MacGregor - 65 Anthony Ct – There is a valid reason to follow the rules and do things right up front. $500 is a reasonable penalty.
Foley – The concept of a penalty is the result of violating a rule. I think that the penalty encourages people to obey the laws. The penalty clause as it stands should remain.
A motion to amend the penalty clause from $500 to $10 first offense and $120 second offense was called. The amendment does not carry. Overwhelming nays.
A motion to call the amended resolution of $10 per month and $120 per year for the Peddling and Soliciting Fee was made. Overwhelming yeas.
Item (4) on the call: To amend Chapter 129 of the Code of the Town of Bethany to add an Ordinance Establishing Fines for Land Use Violations and an Ordinance Establishing A Hearing Procedure For Land Use Violations.
A motion was made and duly seconded to dispense with reading of the resolution.
Sharon Huxley, Planning & Zoning Chairman – Gave a brief overview of the amended Land Use ordinance. If someone violates a rule unknowingly, than everything is done to settle the matter in an amicable fashion. Once a complaint is made, there will first be a call from the ZEO - an inquiry. You may get a first notice of a violation followed by a second a month later. After a period of time, if nothing is happening, and it is becoming reasonably certain that further steps must be taken, the ZEO will file a cease and desist. At that point, the violator has 30 days to appeal to the Zoning Board of Appeals. It is at this point that we sometimes run into problems. The next level of action that we have, unfortunately, is an injunction to take someone to court. We do not want to do that. It is expensive for all parties. We are only talking about serious violations that have gone on for years. It sometimes does not get resolved until someone is getting ready to sell their land. We would like for everyone to be aware and abide by the same rules as their neighbors and everyone else who pays taxes.
Pat MacGregor - Inland Wetlands Chairman - We want to be able to resolve these issues at the town level without undue cost to the taxpayers or legal expense to the town. These issues need to be addressed locally. In general, residents follow the regulations.
Hiram Peck -Town Planner – There are two parts to the ordinance. The first is to establish the fines and show how those fines would work. The second part is the ordinance establishing a hearing. This ordinance would probably be the 5th, 6th or 7th step in a long process. This is an intermediate process between the normal zoning enforcement process and going to court. It was designed to be user friendly. A number of other towns in the area have done the same thing and it has worked extremely well.
Marcel Languerand - 173 Carrington Rd – Do the same rules apply to all? If a violation is picked up on one road and the same thing is happening on another road. How does that work?
S. Huxley – We don’t go looking for things that are wrong. It is always on a complaint basis.
Kristine Sullivan - 783 Amity Rd – When the letter is sent out it will site the regulation that is being violated and provision of the ordinance. A person would know and be able to get the information. They will be aware of what is happening. When the enforcement officer is writing their letter they will be including all the appropriate language. The people will know what their rights are and what the responsibilities and consequences are of doing what is not correct.
S. Huxley - Currently there are eight residential violations that are large issues and 4 violations in the business & industry zones. These fines are since 2004.
P. MacGregor - We have seen a level of frustration from residents and business owners in town in the past several years where you try to resolve an informal cease & desist process or you go to court. This ordinance will help to give us another set of tools to resolve things.
Jack Ellison - 55 Green Hill Rd – This is not a clean up attempt or punitive measure. It is not between the town and the person that is violating this regulation. It is also to protect land holders that may have a violation impinging upon their land.
Randy Raddatz – 22 Bethridge Rd – Each day that a violation continues shall be deemed a separate offense? Does this mean that the fine accrues from the day the violation occurs? Question 2 - Is the anticipatory potential noise ordinance in this or separate?
Town Counsel McSherry - There is no fine until a citation is issued and then it can accrue. Question 2 – It will be a separate and distinct ordinance.
Sue Ryker – 2 Clay Rd – The town is taking too much control.
S. Huxley - Some complaints are totally baseless. An investigation will take place before any fines are issued.
P. MacGregor – The process of investigating a complaint is the same as what it is right now. That is not changing. The amended ordinance is not adding any new rules about what we can or can’t do in our town or on our property. It is providing tools to better be able to resolve these issues.
S. Thornquist – The goal of the resolution is not to hit people with fines but address them before they get to a fine. The resolution states that if after years of investigation no compliance is made, then maybe you will get a fine.
Bill Grieger - 185 Fairwood Rd – I have a small farm and it has taken me years to make my property the way it is. Why do we need this fine instead of checking with our neighbors if there is a problem. I have been to Inland Wetlands five times in order to make my place nice. This town is supposed to be rural.
Jack Ellison - 55 Green Hill Rd - Is a violation being broken and if so we are asking those being impacted to come and talk at the town level. Right now we have the ability to issue a citation, then take someone to court. The court expense is tens of thousands of dollars. The tax payers are the ones who will pay that. Right now the neighbors who are being impacted have no way to bring the situation to a resolution.
Janet Finneran - 648 Carrington Rd – Are the procedures that you describe written down anywhere?
S. Huxley – They are in the enforcement section of the regulations.
Warren Buchter – 181 Beacon Rd – I have to say that this whole issue probably applies to me more than anyone else. There have been issues going on for twelve years in my neighborhood. I’ve been dealing with it for seven years. I’ve gone to the town Zoning Department, Zoning Enforcement, First Selectman’s office, Town Counsel, D.E.P. and QVHD, who has been very helpful in resolving some of these issues. Repeatedly I am told that the violations are not enforceable. There is no provision in the ordinance to enforce noncompliance. I strongly urge that everyone vote in favor of this resolution tonight.
S. Press, Jr. - What if a citizen prefers to take the town to court as opposed to dealing with the town? Is that still an option?
Town Counsel McSherry – The Zoning Enforcement Officer issues you a cease & desist order. You have a right to appeal it to the ZBA. You need to exhaust your administrative appeal to the ZBA. If the ZBA files against you, you can take their decision to court within fifteen days of the notice being placed in the newspaper. You can appeal and at that point everything stays. Nothing happens then until the court deals with it and there’s a conclusion to that decision. Once there is a conclusion, the court can then implement its own orders or it comes back to where we started with the ZBA which may be several years down the road. At that point the fine could be issued by the issuing authority but you would have your day in court. Once the fine is issued you could again appeal the decision to the hearing officer and there would be more time spent in court.
There was a motion made by Steven Thornquist and duly seconded bo vote by written ballot.
J. Foley – We are all concerned residents of the Town of Bethany. Why can’t we stand up and have our vote counted?
S. Thornquist - I have a right to vote and I have a right for that vote to be kept secret as we do on election day. There are neighbors here that may have issues with other neighbors and it would not be fair to force them to vote in public.
The vote was taken by written ballot – In favor of amending the Land Use ordinance - yeas – 70; nays – 55. Passed.
A motion was made and duly seconded to adjourn the meeting. The meeting was adjourned at 9:40 p.m.
Respectfully submitted,
Nancy A. McCarthy, CMC
Town Clerk
Bethany Conservation Commission
November 5, 2009
The meeting was called to order at 8:06 PM by chairman Ken Martin. Also present were Brian Eitzer and Bruce Loomis.
The minutes of the October 8, 2009 meeting were read. Brian moved to accept as presented and Ken seconded – motion passed.
Ken handed out and reviewed the CACIWC newsletter “The Habitat”. There is an article about a new organization “Walk the Path to Health and Happiness.” They are looking at mapping trails state wide. Ken noted that Bethany town trails are not well established and documented. There are many trail easements that have never been developed. Ken suggested the issue should be looked at further at a later meeting
There is also an article about the Supreme Court upholding an IWC denial for lack of required elements in the submitted plan.
The James Woodward subdivision will be taken up by P&Z at their first meeting in December. Their sight walk will be held sometime after the meeting has been held. CC will mention to P&Z steps in the trail easement on the south side lower trail as verbally committed to by the engineer during a site walk with the Conservation Commission on an earlier submission of the plans. Without the steps the trail will be steep and difficult to navigate, requiring a great deal of work to establish a usable trail.
Also of concern to the CC is “maintenance drive” running from lower cul de sac almost to upper cul de sac which town will have to maintain in order to keep required access to “wet meadow” drainage area (see lots 4&5). The drive goes through lot 4 and the trail easement and onto lot 5 where the drainage area is located. The plan appears to call for a very large amount of cut & fill to regrade for lots and roads – especially the lower cul de sac. The open space does not abut the wetlands on the North side and CC would like to see it do so. As it is drawn there is a narrow strip currently shown as part of lot 13 between the wetland and the open space area. CC would like to see this strip eliminated. CC did not see the open space calculation on the plans so CC was not sure if the 20% open space requirement is being met.
Ken, Brian and Bruce will attend the CACIW annual meeting and seminars November 14, 2009.
Brian moved to adjourn and Ken seconded – meeting adjourned at 8:50 PM.
Respectfully submitted,
Bruce Loomis
Secretary Pro-tempore
November 5, 2009
The meeting was called to order at 8:06 PM by chairman Ken Martin. Also present were Brian Eitzer and Bruce Loomis.
The minutes of the October 8, 2009 meeting were read. Brian moved to accept as presented and Ken seconded – motion passed.
Ken handed out and reviewed the CACIWC newsletter “The Habitat”. There is an article about a new organization “Walk the Path to Health and Happiness.” They are looking at mapping trails state wide. Ken noted that Bethany town trails are not well established and documented. There are many trail easements that have never been developed. Ken suggested the issue should be looked at further at a later meeting
There is also an article about the Supreme Court upholding an IWC denial for lack of required elements in the submitted plan.
The James Woodward subdivision will be taken up by P&Z at their first meeting in December. Their sight walk will be held sometime after the meeting has been held. CC will mention to P&Z steps in the trail easement on the south side lower trail as verbally committed to by the engineer during a site walk with the Conservation Commission on an earlier submission of the plans. Without the steps the trail will be steep and difficult to navigate, requiring a great deal of work to establish a usable trail.
Also of concern to the CC is “maintenance drive” running from lower cul de sac almost to upper cul de sac which town will have to maintain in order to keep required access to “wet meadow” drainage area (see lots 4&5). The drive goes through lot 4 and the trail easement and onto lot 5 where the drainage area is located. The plan appears to call for a very large amount of cut & fill to regrade for lots and roads – especially the lower cul de sac. The open space does not abut the wetlands on the North side and CC would like to see it do so. As it is drawn there is a narrow strip currently shown as part of lot 13 between the wetland and the open space area. CC would like to see this strip eliminated. CC did not see the open space calculation on the plans so CC was not sure if the 20% open space requirement is being met.
Ken, Brian and Bruce will attend the CACIW annual meeting and seminars November 14, 2009.
Brian moved to adjourn and Ken seconded – meeting adjourned at 8:50 PM.
Respectfully submitted,
Bruce Loomis
Secretary Pro-tempore
Tuesday, November 3, 2009
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION
REGULAR MEETING OF MONDAY, OCTOBER 26, 2009 Page 1 of 3
The regular meeting of the Inland Wetlands Commission was called to order at 7:40 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following members of the Commission were present:
Patricia McGregor, Chairman
Alexandra Breslin, Vice-Chairman
Kristine Sullivan, Alternate Member, seated as a voting member.
Brian Smith, Alternate Member, seated as a voting member.
The following members of the Commission were absent or excused:
Jack Ellison, Member
John Kane, Member
Jon Painter, Member
Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer
Karen Walton, Assistant Inland Wetlands Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Breslin and seconded by Sullivan to approve, as submitted, the minutes of September 28, 2009, Regular Meeting.
Voting for: McGregor, Breslin, Sullivan, Smith.
Unanimous approval.
2. It was moved by Sullivan and seconded by Breslin to approve, as submitted, the minutes of October 13, 2009, Special Meeting.
Voting for: McGregor, Breslin, Sullivan.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Roman Mrozinski, Southwest Conservation District, dated October 1, 2009, Re: Recommendations for 71 Mesa Drive, placement of rip rap along edge of pond.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Stormwater Management Workshop, November 4, 2009.
2. Connecticut Association of Conservation & Inland Wetlands Commissions, 32nd Annual Meeting and Environmental Conference, November 14, 2009.
3. Clearscapes, Newsletter of the Center for Land Use Education and Research at the University of Connecticut, Fall 2009.
4. Soil and Water, Southwest Conservation District Newsletter, Fall 2009.
5. The Habitat, Newsletter of the Connecticut Association of Conservation and Inland Wetlands Commissions, Summer 2009.
6. College of Agriculture and Natural Resources, Journal, Summer/Fall 2009.
NEW BUSINESS
5 Hatfield Hill Road, Application #1133 submitted by Elizabeth Garcia for an Inland Wetlands Permit for a residential site development –
The Commission formally received the application. Present to speak on behalf of the application was John Paul Garcia, P.E./L.S., owner of record.
Mr. Garcia reviewed the proposed project noting:
· The septic system has been approved and installed.
· Originally received an approval for a residential site development on June 21, 2004, and the permit expired on June 21, 2009.
In discussion, Commission members noted:
· Installation of wetlands conservation area signs.
· Conditions of the previous approval included a conservation easement, a fence along the buffer line, no livestock on the property and no hot tubs.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 23, 2009. Tabled.
OLD BUSINESS
4 Hilldale Road, Application #1132 submitted by Anthony Hebert for the construction of a deck and shed –
Present to speak on behalf of the application was Anthony Hebert, applicant and owner of record.
In discussion, Commission members noted:
· The proposed activity is no where near the wetlands.
· The applicant will be storing bicycles and lawn furniture in the shed.
· The shed will be placed on crushed stone.
The Commission proceeded to deliberate. It was moved by Smith and seconded by Breslin to approve Application #1132 as submitted by Anthony Hebert for an Inland Wetlands Permit to construct a deck and a shed in accordance with the submitted plan, untitled, with hand drawn revisions prepared by the applicant, submitted September 28, 2009, and also this approval includes the standard conditions found on the Land Records Volume 93, Page 802 and Page 803.
Unanimous approval.
Proposed revision of the “Town of Bethany Inland Wetlands and Watercourses Regulations” – The public hearing was closed on September 28, 2009. Commission members reviewed the final draft of the revised regulations and then proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve the adoption, effective November 1, 2009, of the revised “Town of Bethany Inland Wetlands and Watercourses Regulations”. The purpose of adopting the revised regulations being that they will bring the regulations in conformance with the statutory changes. They will provide means of notice to residence of town to allow people to have a better idea of when applications are appearing before the Commission and they will provide us with a fee schedule that will allow us to hire experts needed with no cost impact on Town citizens. The adoption of these regulations will allow for improved protection of the wetlands, watercourses and water quality of the public water supply.
Unanimous approval.
WETLANDS ENFORCEMENT OFFICER’S REPORT
The following sites were inspected to determine whether IWC action is required for the proposed activities:
1) 11 Glenwood Court No IWC Action Required
2) 34 Ridgewood Road IWC Action Required
The following sites were inspected for permit compliance during construction:
1) 48 Clay Road E/C Good
2) 228 Falls Road Re-Inspection Required
The following complaints were investigated:
1) 33 Deerfield Lane No IWC Action Required
It was moved by Sullivan and seconded by Breslin to adjourn the regular meeting at 8:36 p.m.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
REGULAR MEETING OF MONDAY, OCTOBER 26, 2009 Page 1 of 3
The regular meeting of the Inland Wetlands Commission was called to order at 7:40 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following members of the Commission were present:
Patricia McGregor, Chairman
Alexandra Breslin, Vice-Chairman
Kristine Sullivan, Alternate Member, seated as a voting member.
Brian Smith, Alternate Member, seated as a voting member.
The following members of the Commission were absent or excused:
Jack Ellison, Member
John Kane, Member
Jon Painter, Member
Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer
Karen Walton, Assistant Inland Wetlands Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Breslin and seconded by Sullivan to approve, as submitted, the minutes of September 28, 2009, Regular Meeting.
Voting for: McGregor, Breslin, Sullivan, Smith.
Unanimous approval.
2. It was moved by Sullivan and seconded by Breslin to approve, as submitted, the minutes of October 13, 2009, Special Meeting.
Voting for: McGregor, Breslin, Sullivan.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Roman Mrozinski, Southwest Conservation District, dated October 1, 2009, Re: Recommendations for 71 Mesa Drive, placement of rip rap along edge of pond.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Stormwater Management Workshop, November 4, 2009.
2. Connecticut Association of Conservation & Inland Wetlands Commissions, 32nd Annual Meeting and Environmental Conference, November 14, 2009.
3. Clearscapes, Newsletter of the Center for Land Use Education and Research at the University of Connecticut, Fall 2009.
4. Soil and Water, Southwest Conservation District Newsletter, Fall 2009.
5. The Habitat, Newsletter of the Connecticut Association of Conservation and Inland Wetlands Commissions, Summer 2009.
6. College of Agriculture and Natural Resources, Journal, Summer/Fall 2009.
NEW BUSINESS
5 Hatfield Hill Road, Application #1133 submitted by Elizabeth Garcia for an Inland Wetlands Permit for a residential site development –
The Commission formally received the application. Present to speak on behalf of the application was John Paul Garcia, P.E./L.S., owner of record.
Mr. Garcia reviewed the proposed project noting:
· The septic system has been approved and installed.
· Originally received an approval for a residential site development on June 21, 2004, and the permit expired on June 21, 2009.
In discussion, Commission members noted:
· Installation of wetlands conservation area signs.
· Conditions of the previous approval included a conservation easement, a fence along the buffer line, no livestock on the property and no hot tubs.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 23, 2009. Tabled.
OLD BUSINESS
4 Hilldale Road, Application #1132 submitted by Anthony Hebert for the construction of a deck and shed –
Present to speak on behalf of the application was Anthony Hebert, applicant and owner of record.
In discussion, Commission members noted:
· The proposed activity is no where near the wetlands.
· The applicant will be storing bicycles and lawn furniture in the shed.
· The shed will be placed on crushed stone.
The Commission proceeded to deliberate. It was moved by Smith and seconded by Breslin to approve Application #1132 as submitted by Anthony Hebert for an Inland Wetlands Permit to construct a deck and a shed in accordance with the submitted plan, untitled, with hand drawn revisions prepared by the applicant, submitted September 28, 2009, and also this approval includes the standard conditions found on the Land Records Volume 93, Page 802 and Page 803.
Unanimous approval.
Proposed revision of the “Town of Bethany Inland Wetlands and Watercourses Regulations” – The public hearing was closed on September 28, 2009. Commission members reviewed the final draft of the revised regulations and then proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve the adoption, effective November 1, 2009, of the revised “Town of Bethany Inland Wetlands and Watercourses Regulations”. The purpose of adopting the revised regulations being that they will bring the regulations in conformance with the statutory changes. They will provide means of notice to residence of town to allow people to have a better idea of when applications are appearing before the Commission and they will provide us with a fee schedule that will allow us to hire experts needed with no cost impact on Town citizens. The adoption of these regulations will allow for improved protection of the wetlands, watercourses and water quality of the public water supply.
Unanimous approval.
WETLANDS ENFORCEMENT OFFICER’S REPORT
The following sites were inspected to determine whether IWC action is required for the proposed activities:
1) 11 Glenwood Court No IWC Action Required
2) 34 Ridgewood Road IWC Action Required
The following sites were inspected for permit compliance during construction:
1) 48 Clay Road E/C Good
2) 228 Falls Road Re-Inspection Required
The following complaints were investigated:
1) 33 Deerfield Lane No IWC Action Required
It was moved by Sullivan and seconded by Breslin to adjourn the regular meeting at 8:36 p.m.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
Friday, October 30, 2009
Wednesday, October 28, 2009
1 of 2 BOARD OF SELECTMEN
OCTOBER 26, 2009
Page
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea
Visitors: Eric Scott, Mark Scott, Rod White
First Selectwoman Gorski called the meeting to order at 7:32 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was check signing. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.
APPROVAL OF MINUTES
First Selectwoman Gorski called for approval of the minutes of the special meeting of October 15, 2009. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. The motion was called. The vote taken was unanimous.
EAGLE SCOUT PROJECT
Eric Scott was present to update the Selectmen on the progress he is making with his plans to build benches for Veterans Memorial Park, as his Eagle Scout project. The Building Official has given his approval to the plans as drawn by Eric for this project. Following a brief discuss Selectman Shea moved to accept the proposal as presented to the Selectmen for the benches at Veterans Memorial Park. First Selectwoman Gorski seconded the motion. The vote taken was unanimous.
SIGN CALL FOR SPECIAL TOWN MEETING OF NOVEMBER 3, 2009
The Selectmen signed the call for the special Town Meeting of November 3, 2009.
MANAGEMENT MUNICIPAL ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
The Selectmen discussed the MANAGEMENT MUNICIPAL ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT and the use of the $40,000 to be received from this grant. Following discussion about use of the money, it was determined that the best use of the money received would be to replace the windows and doors at the Center Fire House, soon to be deeded to the Town of Bethany by the Bethany Volunteer Firemen’s Association. This former firehouse would then be used as a Public Safety building to house the Fire Marshal/Emergency Management Director and Resident State Trooper. The following resolution was moved by Selectman Shea:
RESOLVED:
That the First Selectwoman Derrylyn Gorski is hereby authorized to sign to receive funding under the Office of Policy and Management Municipal Energy Efficiency and conservation Block Grant on behalf of the Town of Bethany.
First Selectwoman Gorski seconded the resolution. The vote taken was unanimous.
TAX REFUNDS
Selectman Shea moved to refund to ARI Fleet LTD the sum of $264.73, to Robert Bergen III the sum of $134.82, to Gerald Sheehe the sum of $12.96, to James Murphy the sum of $5.84, to Jeffrey Purcell the sum of $3.86 for a total of $422.21, all for overpayment of taxes. First Selectwoman Gorski seconded the motion. The vote taken was unanimous.
GRANT FOR AIRPORT HANGER
First Selectwoman Gorski opened discussion regarding the $200,000 Stimulus Grant to be received by the Town for renovations to the Airport Hanger if the project is approved by the Town at a Town Meeting. The Bethany Airport Steering Committee is looking into other available grants and fund raising for this project.
ADJOURNMENT
Adjournment was called at 8:15 p.m. after a motion was moved by Selectman Shea and seconded by First Selectwoman Gorski. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
OCTOBER 26, 2009
Page
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea
Visitors: Eric Scott, Mark Scott, Rod White
First Selectwoman Gorski called the meeting to order at 7:32 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was check signing. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.
APPROVAL OF MINUTES
First Selectwoman Gorski called for approval of the minutes of the special meeting of October 15, 2009. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. The motion was called. The vote taken was unanimous.
EAGLE SCOUT PROJECT
Eric Scott was present to update the Selectmen on the progress he is making with his plans to build benches for Veterans Memorial Park, as his Eagle Scout project. The Building Official has given his approval to the plans as drawn by Eric for this project. Following a brief discuss Selectman Shea moved to accept the proposal as presented to the Selectmen for the benches at Veterans Memorial Park. First Selectwoman Gorski seconded the motion. The vote taken was unanimous.
SIGN CALL FOR SPECIAL TOWN MEETING OF NOVEMBER 3, 2009
The Selectmen signed the call for the special Town Meeting of November 3, 2009.
MANAGEMENT MUNICIPAL ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
The Selectmen discussed the MANAGEMENT MUNICIPAL ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT and the use of the $40,000 to be received from this grant. Following discussion about use of the money, it was determined that the best use of the money received would be to replace the windows and doors at the Center Fire House, soon to be deeded to the Town of Bethany by the Bethany Volunteer Firemen’s Association. This former firehouse would then be used as a Public Safety building to house the Fire Marshal/Emergency Management Director and Resident State Trooper. The following resolution was moved by Selectman Shea:
RESOLVED:
That the First Selectwoman Derrylyn Gorski is hereby authorized to sign to receive funding under the Office of Policy and Management Municipal Energy Efficiency and conservation Block Grant on behalf of the Town of Bethany.
First Selectwoman Gorski seconded the resolution. The vote taken was unanimous.
TAX REFUNDS
Selectman Shea moved to refund to ARI Fleet LTD the sum of $264.73, to Robert Bergen III the sum of $134.82, to Gerald Sheehe the sum of $12.96, to James Murphy the sum of $5.84, to Jeffrey Purcell the sum of $3.86 for a total of $422.21, all for overpayment of taxes. First Selectwoman Gorski seconded the motion. The vote taken was unanimous.
GRANT FOR AIRPORT HANGER
First Selectwoman Gorski opened discussion regarding the $200,000 Stimulus Grant to be received by the Town for renovations to the Airport Hanger if the project is approved by the Town at a Town Meeting. The Bethany Airport Steering Committee is looking into other available grants and fund raising for this project.
ADJOURNMENT
Adjournment was called at 8:15 p.m. after a motion was moved by Selectman Shea and seconded by First Selectwoman Gorski. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
DRAFT
MINUTES OF SPECIAL MEETING OF THE BETHANY INLAND WETLANDS COMMISSION, TUESDAY, OCTOBER 13, 2009
Commission members Sandy Breslin, Pat McGregor, Jon Painter and Kristine Sullivan (alternate) met at 8:27 p.m. on Tuesday, October 13, 2009 in the Senior’s Room of the Bethany Town Hall, 40 Peck Road, Bethany for a special meeting of the Commission.
The purpose of the special meeting was to review, discuss and take appropriate action regarding the proposed revised Inland Wetlands and Watercourses Regulations of the Commission. The hearing on the proposed regulations had been held at the Commission’s regular meeting on September 28, 2009.
Commission members reviewed the 2007-1 Legislation and Regulations Advisory and 2008 Legislation and Regulations Advisory issued by the State Department of Environmental Protection which would require some additional changes to the proposed regulations.
At the conclusion of the evening’s discussion, Sullivan agreed to add the revisions necessary to bring the proposed regulations into compliance with the 2007 and 2008 Advisory notices from DEP as “tracked changes” so that the Commission members could review the proposed regulations again before taking appropriate action on the proposed regulations. The Commission members also discussed regulatory language requiring applicants to provide notice by proof of certified mailing to adjacent property owners, not only for the initial submission of an application, but also if a hearing on an application was scheduled by the Agency.
It was the consensus of the Commission members present to defer further discussion and appropriate action on revising the regulations to the Commission’s next regular meeting on October 26, 2009.
There being no further business to come before the Commission, it was the consensus of the Commission to adjourn at 8:50 p.m.
Respectfully submitted,
Kristine Sullivan, Acting Clerk
For the Inland Wetlands Commission
MINUTES OF SPECIAL MEETING OF THE BETHANY INLAND WETLANDS COMMISSION, TUESDAY, OCTOBER 13, 2009
Commission members Sandy Breslin, Pat McGregor, Jon Painter and Kristine Sullivan (alternate) met at 8:27 p.m. on Tuesday, October 13, 2009 in the Senior’s Room of the Bethany Town Hall, 40 Peck Road, Bethany for a special meeting of the Commission.
The purpose of the special meeting was to review, discuss and take appropriate action regarding the proposed revised Inland Wetlands and Watercourses Regulations of the Commission. The hearing on the proposed regulations had been held at the Commission’s regular meeting on September 28, 2009.
Commission members reviewed the 2007-1 Legislation and Regulations Advisory and 2008 Legislation and Regulations Advisory issued by the State Department of Environmental Protection which would require some additional changes to the proposed regulations.
At the conclusion of the evening’s discussion, Sullivan agreed to add the revisions necessary to bring the proposed regulations into compliance with the 2007 and 2008 Advisory notices from DEP as “tracked changes” so that the Commission members could review the proposed regulations again before taking appropriate action on the proposed regulations. The Commission members also discussed regulatory language requiring applicants to provide notice by proof of certified mailing to adjacent property owners, not only for the initial submission of an application, but also if a hearing on an application was scheduled by the Agency.
It was the consensus of the Commission members present to defer further discussion and appropriate action on revising the regulations to the Commission’s next regular meeting on October 26, 2009.
There being no further business to come before the Commission, it was the consensus of the Commission to adjourn at 8:50 p.m.
Respectfully submitted,
Kristine Sullivan, Acting Clerk
For the Inland Wetlands Commission
MINUTES OF THE BETHANY ZONING BOARD OF APPEALS
REGULAR MEETING OF TUESDAY, OCTOBER 13, 2009 Page 1 of 4
The regular meeting of the Zoning Board of Appeals was called to order at 8:04 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Board Members were present:
Ruth Beardsley, Vice Chair, acting as Chair
Steven Massey, Member
James Gugliotti, Member
Bradford Buchta, Alternate Member, seated as a voting Member
The following Board Members were excused or absent:
Carol Goldberg, Chair
Michael Hendrick, Alternate Member
Ben Rosenbloom, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Assistant Zoning Enforcement Officer
MINUTES
It was moved by Gugliotti and seconded by Massey to approve, as submitted, the minutes of the September 14, 2009, regular meeting.
Voting were Massey, Gugliotti, Buchta.
Unanimous approval.
BILLS
It was moved by Gugliotti and seconded by Massey to approve the payment of a bill for $95.00, dated October 13, 2009, from Anne Sohon (Court Stenographer) for recording services for the public hearing (258 Bear Hill Road).
Unanimous approval.
PUBLIC HEARING – 258 BEAR HILL ROAD
Acting Chair Beardsley opened the public hearing at 8:06 p.m.
Acting Chair Beardsley read the legal notice pertaining to the public hearing for the application submitted by George Taylor for his property located at 258 Bear Hill Road for an 18.85’ variance from Robertson Drive to allow a 31.15’ front yard setback and for a 13.75’ variance from Bear Hill Road to allow a 36.25’ front yard setback for the installation of a carport.
Acting Chair Beardsley reviewed the procedure that would be followed to conduct the public hearing.
The following Board Members stated for the record that they visited the site: Beardsley, Massey, Gugliotti, and Buchta.
Acting Chair Beardsley stated that the Zoning Regulations state that certified notification is required to the surrounding property owners within 100 feet of the application and that the applicant needs to provide evidence at the time of the public hearing by submitting an affidavit of mailing and the green return receipt cards.
Acting Chair Beardsley noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1A – Submitted by Mr. Taylor, the Affidavit of Mailing, dated October 9, 2009, to the neighbors within 100 feet of the subject property, a copy of the letter that was sent to the neighbors and Ten Certified Mail Receipts.
b) Exhibit 2A – Submitted by Mr. Taylor, Six Green Return Receipt Cards and Four sheets of Track and Confirm information for the United States Post Office.
Acting Chair Beardsley addressed the Board in regard to the applicant’s request to waive the topographic survey requirement. The Board unanimously determined the topographic survey is not required.
Present to speak on behalf of the application was George and Donna Taylor, applicants and owners of record. Mr. Taylor addressed the Board in regard to the previous variance that was approved by the Board in 2008 and due to the former contractor’s error in measurement and the new contractor’s measurement; a new variance is needed because the previous approved variance would not be sufficient. Mr. Taylor expressed the fact that there is no other location to install the carport due to the well location and the ledge on the property.
In discussion, Board members commented and noted the following:
· Was the previous variance recorded on the land records? (Karen Walton, Assistant ZEO, stated yes.)
· The well is located under the sidewalk.
· If the carport is placed over the well, there would be pollution from cars into the well and it would be in the way if work had to be performed on the well.
· Part of the hardship from the previous approval was the fact the lot is undersized.
· There are quite a few oak trees on the property but the applicant stated he would not be removing any trees.
Acting Chair Beardsley asked if there were any public members who would like to speak in favor of the application. There were none.
Acting Chair Beardsley asked if there were any public members who would like to speak in opposition of this application. There were no comments.
There being no further discussion, at 8:27 p.m. Acting Chair Beardsley closed the public hearing on the subject application.
PUBLIC HEARING – 4 HILLDALE ROAD
Acting Chair Beardsley opened the public hearing at 8:29 p.m.
Acting Chair Beardsley read the legal notice pertaining to the public hearing for the application submitted by Anthony Hebert for his property located at 4 Hilldale Road for a 27.01’ variance of the side yard setback to allow a 22.99’ side yard setback for the construction of a deck.
Isabel Kearns, ZEO, stated the applicant chose to wait until the next regular meeting when there will be 5 members present.
At 8:30 p.m., Acting Chair Beardsley recessed the public hearing and continued it to the next regular meeting on Monday, November 9, 2009, at 8:00 p.m. in the Commission Meeting Room located at the Bethany Town Hall.
DELIBERATION AND DECISION MAKING SESSION
Board members further discussed the application and proceeded to take action on the application.
258 Bear Hill Road – It was moved by Gugliotti and seconded by Massey to grant the approval of the application submitted by George and Donna Taylor for their property located at 258 Bear Hill Road and shown on Assessor’s Map #107, Lot #13, requesting a variance of Sections 3.4, 4.1.B and 4.1.C of the Bethany Zoning Regulations, specifically to grant an 18.85’ variance from Robertson Drive to allow a 31.15’ front yard setback and for a 13.75’ variance from Bear Hill Road to allow a 36.25’ front yard setback for the installation of a carport.
The variance is granted subject to the following conditions:
1. The variance shall not be effective until a copy of it, certified by the Chairman or the Secretary of the Board, and containing a legal description of the subject property, and specifying the nature of the variance (including the Section of the Zoning Regulations being varied) is filed with the Bethany Town Clerk for recording on the Bethany Land Records by the applicant or owner. A copy of the recorded document shall also be filed with the Zoning Enforcement Officer.
Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings:
1) Special conditions and circumstances exist which are unique to the subject property and which do not affect generally the district to which it is situated. These conditions and circumstances are the topography of the land and the location of the well.
2) These special conditions and circumstances do not result from the actions of the applicant or the property owner.
3) Granting the variance will not confer upon the applicant or the property owner any special privilege that is denied by the Bethany Zoning Regulations to other land in the same district.
4) Literal enforcement of the Bethany Zoning Regulations would result in exceptional difficulty or unusual hardship.
5) In granting the variance, substantial justice will be done, and the public safety and welfare will be secured.
Vote 4 to 0.
Voting for: Beardsley, Massey, Gugliotti, Buchta.
Unanimous approval.
ADJOURNMENT
It was moved by Gugliotti and seconded by Massey to adjourn the regular meeting at 8:50 p.m.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
REGULAR MEETING OF TUESDAY, OCTOBER 13, 2009 Page 1 of 4
The regular meeting of the Zoning Board of Appeals was called to order at 8:04 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Board Members were present:
Ruth Beardsley, Vice Chair, acting as Chair
Steven Massey, Member
James Gugliotti, Member
Bradford Buchta, Alternate Member, seated as a voting Member
The following Board Members were excused or absent:
Carol Goldberg, Chair
Michael Hendrick, Alternate Member
Ben Rosenbloom, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Assistant Zoning Enforcement Officer
MINUTES
It was moved by Gugliotti and seconded by Massey to approve, as submitted, the minutes of the September 14, 2009, regular meeting.
Voting were Massey, Gugliotti, Buchta.
Unanimous approval.
BILLS
It was moved by Gugliotti and seconded by Massey to approve the payment of a bill for $95.00, dated October 13, 2009, from Anne Sohon (Court Stenographer) for recording services for the public hearing (258 Bear Hill Road).
Unanimous approval.
PUBLIC HEARING – 258 BEAR HILL ROAD
Acting Chair Beardsley opened the public hearing at 8:06 p.m.
Acting Chair Beardsley read the legal notice pertaining to the public hearing for the application submitted by George Taylor for his property located at 258 Bear Hill Road for an 18.85’ variance from Robertson Drive to allow a 31.15’ front yard setback and for a 13.75’ variance from Bear Hill Road to allow a 36.25’ front yard setback for the installation of a carport.
Acting Chair Beardsley reviewed the procedure that would be followed to conduct the public hearing.
The following Board Members stated for the record that they visited the site: Beardsley, Massey, Gugliotti, and Buchta.
Acting Chair Beardsley stated that the Zoning Regulations state that certified notification is required to the surrounding property owners within 100 feet of the application and that the applicant needs to provide evidence at the time of the public hearing by submitting an affidavit of mailing and the green return receipt cards.
Acting Chair Beardsley noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1A – Submitted by Mr. Taylor, the Affidavit of Mailing, dated October 9, 2009, to the neighbors within 100 feet of the subject property, a copy of the letter that was sent to the neighbors and Ten Certified Mail Receipts.
b) Exhibit 2A – Submitted by Mr. Taylor, Six Green Return Receipt Cards and Four sheets of Track and Confirm information for the United States Post Office.
Acting Chair Beardsley addressed the Board in regard to the applicant’s request to waive the topographic survey requirement. The Board unanimously determined the topographic survey is not required.
Present to speak on behalf of the application was George and Donna Taylor, applicants and owners of record. Mr. Taylor addressed the Board in regard to the previous variance that was approved by the Board in 2008 and due to the former contractor’s error in measurement and the new contractor’s measurement; a new variance is needed because the previous approved variance would not be sufficient. Mr. Taylor expressed the fact that there is no other location to install the carport due to the well location and the ledge on the property.
In discussion, Board members commented and noted the following:
· Was the previous variance recorded on the land records? (Karen Walton, Assistant ZEO, stated yes.)
· The well is located under the sidewalk.
· If the carport is placed over the well, there would be pollution from cars into the well and it would be in the way if work had to be performed on the well.
· Part of the hardship from the previous approval was the fact the lot is undersized.
· There are quite a few oak trees on the property but the applicant stated he would not be removing any trees.
Acting Chair Beardsley asked if there were any public members who would like to speak in favor of the application. There were none.
Acting Chair Beardsley asked if there were any public members who would like to speak in opposition of this application. There were no comments.
There being no further discussion, at 8:27 p.m. Acting Chair Beardsley closed the public hearing on the subject application.
PUBLIC HEARING – 4 HILLDALE ROAD
Acting Chair Beardsley opened the public hearing at 8:29 p.m.
Acting Chair Beardsley read the legal notice pertaining to the public hearing for the application submitted by Anthony Hebert for his property located at 4 Hilldale Road for a 27.01’ variance of the side yard setback to allow a 22.99’ side yard setback for the construction of a deck.
Isabel Kearns, ZEO, stated the applicant chose to wait until the next regular meeting when there will be 5 members present.
At 8:30 p.m., Acting Chair Beardsley recessed the public hearing and continued it to the next regular meeting on Monday, November 9, 2009, at 8:00 p.m. in the Commission Meeting Room located at the Bethany Town Hall.
DELIBERATION AND DECISION MAKING SESSION
Board members further discussed the application and proceeded to take action on the application.
258 Bear Hill Road – It was moved by Gugliotti and seconded by Massey to grant the approval of the application submitted by George and Donna Taylor for their property located at 258 Bear Hill Road and shown on Assessor’s Map #107, Lot #13, requesting a variance of Sections 3.4, 4.1.B and 4.1.C of the Bethany Zoning Regulations, specifically to grant an 18.85’ variance from Robertson Drive to allow a 31.15’ front yard setback and for a 13.75’ variance from Bear Hill Road to allow a 36.25’ front yard setback for the installation of a carport.
The variance is granted subject to the following conditions:
1. The variance shall not be effective until a copy of it, certified by the Chairman or the Secretary of the Board, and containing a legal description of the subject property, and specifying the nature of the variance (including the Section of the Zoning Regulations being varied) is filed with the Bethany Town Clerk for recording on the Bethany Land Records by the applicant or owner. A copy of the recorded document shall also be filed with the Zoning Enforcement Officer.
Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings:
1) Special conditions and circumstances exist which are unique to the subject property and which do not affect generally the district to which it is situated. These conditions and circumstances are the topography of the land and the location of the well.
2) These special conditions and circumstances do not result from the actions of the applicant or the property owner.
3) Granting the variance will not confer upon the applicant or the property owner any special privilege that is denied by the Bethany Zoning Regulations to other land in the same district.
4) Literal enforcement of the Bethany Zoning Regulations would result in exceptional difficulty or unusual hardship.
5) In granting the variance, substantial justice will be done, and the public safety and welfare will be secured.
Vote 4 to 0.
Voting for: Beardsley, Massey, Gugliotti, Buchta.
Unanimous approval.
ADJOURNMENT
It was moved by Gugliotti and seconded by Massey to adjourn the regular meeting at 8:50 p.m.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
Subscribe to:
Posts (Atom)