BOARD OF FINANCE
DECEMBER 13, 2011
Page 1 of 3
Attendance: Chairman Janet Brunwin, Sally Huyser, Chip Spear, Aileen Magda, John Grabowski, Robert Brinton Jr.
Visitors: Marcia Marian, Michael Battista, First Selectwoman Derrylyn Gorski
Chairman Brunwin called the meeting of the Board of Finance to order at 7:04 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 meeting of October 4, 2011. Sally Huyser seconded the motion. There were no changes to the minutes. The vote was called. The vote was unanimous.
Chairman Brunwin moved to approve the minutes of the meeting of November 8, 2011. Sally Huyser seconded the motion. There were no changes to the minutes. The vote was called. The vote was five yes votes and one abstention that of Chip Spear as he was absent from that meeting.
AUDIT FISCAL YEAR 2010-11
Marcia Marian was present to review the draft audit with the Board of Finance for fiscal year 2010-11. At completion of her presentation the following items were discussed in detail:
Chairman Brunwin moved a motion to close out the Family Day and Playhouse funds using a Residual Equity transfer as suggested by Marcia Marien. The motion was seconded by Sally Huyser. This transfers the balance in each fund into the General Fund balance. The vote was called. The vote taken was unanimous.
Chairman Brunwin moved a motion to create a new fund for the Bethany Community School Roof Repairs. Sally Huyser seconded the motion. This fund will be used to account for the insurance reimbursement already received for the repair in fiscal 2010-2011 as well as the expenditures to make the repair in 2011-2012. The vote was called the vote taken was unanimous.
Chairman Brunwin made a motion to make budget transfers to balance the final accounts as was the past practice of the Board of Finance. Chip Spear seconded the motion. Discussion followed regarding the overspending in certain departments. The vote was called. The vote taken was three (3) yes votes that of Chairman Brunwin, Chip Spear and Sally Huyser. There were three no votes that of Robert Brinton Jr., John Grabowski and Aileen Magda.
There was discussion regarding managing budgeted expenditures to ensure that overspending without Board of Finance knowledge/approval is prevented, and whether utilizing encumbrances was feasible with the current town hall staffing. Marcia Marien pointed out that all financial statements for all funds be reviewed by the Board of Finance at lease quarterly and suggested joining with the Board of Education to fund and hire a Finance Manager.
Final approval of the audit was tabled until the next meeting.
TAX INCENTIVE PROGRAM
The Board of Finance acknowledged receipt of the application for the Tax Incentive Program from EMG Properties from the Board of Selectmen. It will now be forwarded to the Tax Assessor.
CHAIRMAN’S REPORT
Chairman Brunwin reported that she had attended the Amity Finance meeting.
At this time it is reported that Amity should have a $363,000 surplus by the end of the year.
The Amity teacher’s contract has not been settled, however negotiations are going well. Dr. Brady has indicated that perhaps they will not call for a budget referendum this year due to the poor percentage of voter turnout in all three towns the past few years.
FIRST SELECTWOMAN’S REPORT
First Selectwoman Gorski reported that the Bond Sale will be tomorrow. It is estimated that the Town will save $313,000 in interest over the life of the Bond Issue by refinancing the old bonds and the bonding for road repair. The interest rate will probably be under 3%.
Senator Joe Crisco has notified the Town of Bethany that they will be eligible for the DECD Grant. This grant can be used to replace additional windows at Town Hall.
The Bethany Elementary School teachers have settled their three year contract. The first year of the contract there will be no increase in salaries. Year two salaries will increase by 3% and year three the salaries will increase 3%.
First Selectwoman Gorski reports that the Highway Department payroll overtime for the hurricane was $12,000 and the overtime payroll for the snow storm was $14,000.
The check has been received for the LoCip money due the Town in fiscal year 2010-11 for the Pavilion construction and road work. The total received was $187,000. The check has come too late for the auditors to credit it in fiscal year 2010-11. The money was posted to the Accounts Receivable line item.
Recent bad weather has had an impact on Park and Recreation registration. Revenues are down, but so
is expenditures, as some programs have had to be canceled due to the weather.
ADJOURNMENT
Adjournment was called at 10:05 p m. after a motion was moved by Sally Huyser and seconded by Chip Spear. The vote was called. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Clerk, Board of Finance
Tuesday, December 20, 2011
BOARD OF SELECTMEN
NOVEMBER 28, 2011
Page 1 of 3
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Stuart Horton, Kathleen Schurman, Rod White
First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:40 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was check signing. First Selectwoman Gorski then asked all to rise for the Pledge of Allegiance.
APPROVAL OF MINUTES
First Selectwoman called for a motion of approval for the minutes of October 25, 2011. The motion was moved by Selectman Shea and seconded by First Selectwoman Gorski. The vote was called. The vote taken was unanimous for approval as written.
TOWN GARAGE AND TOWN HALL ROOF BIDS
Bids were opened by First Selectwoman Gorski for the roof replacement for the Town Hall and Town Garage. The bids were as follows:
Shoreline Home Improvement LLC
Town Garage $ 5,200
Town Hall $14,800
D & R Custom Builders Inc.
Town Garage $ 5,800
Town Hall $10,500
The bids will be reviewed by Rod White and First Selectwoman Gorski. The bid will be awarded at the next Selectmen’s meeting.
LIONS CLUB
Stuart Horton was present to discuss with the Board of Selectmen a service the Bethany Lions Club would like to provide for the Town of Bethany. They would like to hold a document shredding day at the Recycling Center for the residents on April 21, 2012. A donation would be suggested for anyone using the service. Following discussion Selectman Thornquist moved to approve the concept of holding a paper shredding day at the Recycling Center on April 21, 2012, sponsored by the Bethany Lions Club, with the details to be worked out for set up. Selectman Shea seconded the motion. The vote taken was unanimous.
BETHANY ATHLETIC ASSOCIATION HOPPE FIELD LEASE
First Selectwoman Gorski received a complaint from a resident regarding the difficulty he had encountered when he asked about the use of Hoppe Field for Bethany children’s baseball league. The present twenty year contract will be up in April 2012. Attorney McSherry noted violations by the Bethany Athletic Association in carrying out the present lease. The Board of Selectmen will discuss this matter at a future meeting when more information is available.
SOUTH CENTRAL REGIONAL COUNCIL OF GOVERNMENT REGIONAL PERFORMANCE INCENTIVE PROGRAM
Inter-municipal Shared Services Feasibility Study
Selectman Shea moved the following resolution that was seconded by Selectman Thornquist:
The study would identify best opportunities for cost savings through multi-town collaboration in the provision of services and the performance of government operational functions, in particular purchasing. The study would also explore possible cost-saving collaborations between municipalities and Boards of Education, as well as possibilities for inter-municipal equipment sharing. Through cooperation, municipalities can more efficiently use their resources to satisfy the demand for services in difficult economic times. By recognizing regional opportunities for service sharing, municipalities can reduce their costs through economies of scale and scope.
The Board of Selectmen of the Town of Bethany met on November 28, 2011 and adopted a Resolution by a vote of three to zero endorsing a proposal to be submitted by the South Central Regional Council of Governments (SCROCOG) for a Regional Performance Incentive grant pursuant to Section 5 of Public Act 11-61 (An Act Concerning Responsible Growth). The SCRCOG proposal is for an Inter-municipal Shared Services Feasibility study. A summary of such proposal is attached to and made a part of this record.
Regional Performance Incentive Program Proposal/Regional Web-Based GIS
Selectman Thornquist moved the following resolution that was seconded by Selectman Shea:
The regional GIS program would help integrate the region’s planning activities carried out by SCRCOG, such as those related to transportation and land use. In addition, the program would aid in the economic development efforts of Regional Economic Xcelleration (REX) such as market-based research. Municipal benefits, include the ability to view data in a regional context, including infrastructure (i.e. roads, utilities), environmental features, and demographic data. A regional we-based GIS would enable municipalities to collaborate more efficiently on projects of regional significance. For the municipalities in the region with limited or no GIS capabilities, they would have access to a robust regional system, which would significantly reduce start-up and operational costs. In cases where municipalities already have GIS capabilities, they would have access to additional data layers. A regional web-based GIS allows for greater accessibility to data for municipal staff and the general public, improving the region’s public outreach process. Users, regardless of technical expertise, would be able to take advantage of the regional website for online mapping and data analysis to better understand the local and regional landscape.
The Board of Selectmen of the Town of Bethany met on November 28, 2011 and adopted a resolution by a vote of three to zero endorsing a proposal to be submitted by the South Central Regional Council of Governments (SCRCOG) for a Regional Performance Incentive grant pursuant to Section 5 of Public Act 11-61 (An Act Concerning Responsible Growth). The SCRCOG proposal is for a Regional Web-Based GIS Program. A summary of such proposal is attached to and made a part of this record.
AUDIT
Marian and Company will be here on Tuesday November 29, 2011 to discuss the audit draft with First Selectwoman Gorski and Board of Finance Chairman Janet Brunwin. The audit should be finalized by the Board of Finance meeting of December 13, 2011.
MEETING SCHEDULE
The Board of Selectmen reviewed the meeting schedule for 2012. After minor changes the schedule was accepted on a unanimous vote following a motion moved by Selectman Thornquist and seconded by Selectman Shea.
TAX REFUNDS
Selectman Shea moved to refund to Nissan Infinitti, LT the sum of $379.44 and to Robert J. Gaetano the sum of $50.54 all for overpayment of taxes. Selectman Thornquist seconded the motion. The vote taken was unanimous.
CORRESPONDENCE
Correspondence was read by First Selectwoman Gorski from Barrie Collins regarding excess tree trimming and the fact that trees were not the only cause of power outages in the recent storms. Old telephone poles also snapped causing power outages. She urged preservation of trees especially on rural roads.
ADJOURNMENT
Adjournment was called at 9:10 p.m. after a motion was moved by Selectman Thornquist and seconded by Donald Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
NOVEMBER 28, 2011
Page 1 of 3
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Stuart Horton, Kathleen Schurman, Rod White
First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:40 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was check signing. First Selectwoman Gorski then asked all to rise for the Pledge of Allegiance.
APPROVAL OF MINUTES
First Selectwoman called for a motion of approval for the minutes of October 25, 2011. The motion was moved by Selectman Shea and seconded by First Selectwoman Gorski. The vote was called. The vote taken was unanimous for approval as written.
TOWN GARAGE AND TOWN HALL ROOF BIDS
Bids were opened by First Selectwoman Gorski for the roof replacement for the Town Hall and Town Garage. The bids were as follows:
Shoreline Home Improvement LLC
Town Garage $ 5,200
Town Hall $14,800
D & R Custom Builders Inc.
Town Garage $ 5,800
Town Hall $10,500
The bids will be reviewed by Rod White and First Selectwoman Gorski. The bid will be awarded at the next Selectmen’s meeting.
LIONS CLUB
Stuart Horton was present to discuss with the Board of Selectmen a service the Bethany Lions Club would like to provide for the Town of Bethany. They would like to hold a document shredding day at the Recycling Center for the residents on April 21, 2012. A donation would be suggested for anyone using the service. Following discussion Selectman Thornquist moved to approve the concept of holding a paper shredding day at the Recycling Center on April 21, 2012, sponsored by the Bethany Lions Club, with the details to be worked out for set up. Selectman Shea seconded the motion. The vote taken was unanimous.
BETHANY ATHLETIC ASSOCIATION HOPPE FIELD LEASE
First Selectwoman Gorski received a complaint from a resident regarding the difficulty he had encountered when he asked about the use of Hoppe Field for Bethany children’s baseball league. The present twenty year contract will be up in April 2012. Attorney McSherry noted violations by the Bethany Athletic Association in carrying out the present lease. The Board of Selectmen will discuss this matter at a future meeting when more information is available.
SOUTH CENTRAL REGIONAL COUNCIL OF GOVERNMENT REGIONAL PERFORMANCE INCENTIVE PROGRAM
Inter-municipal Shared Services Feasibility Study
Selectman Shea moved the following resolution that was seconded by Selectman Thornquist:
The study would identify best opportunities for cost savings through multi-town collaboration in the provision of services and the performance of government operational functions, in particular purchasing. The study would also explore possible cost-saving collaborations between municipalities and Boards of Education, as well as possibilities for inter-municipal equipment sharing. Through cooperation, municipalities can more efficiently use their resources to satisfy the demand for services in difficult economic times. By recognizing regional opportunities for service sharing, municipalities can reduce their costs through economies of scale and scope.
The Board of Selectmen of the Town of Bethany met on November 28, 2011 and adopted a Resolution by a vote of three to zero endorsing a proposal to be submitted by the South Central Regional Council of Governments (SCROCOG) for a Regional Performance Incentive grant pursuant to Section 5 of Public Act 11-61 (An Act Concerning Responsible Growth). The SCRCOG proposal is for an Inter-municipal Shared Services Feasibility study. A summary of such proposal is attached to and made a part of this record.
Regional Performance Incentive Program Proposal/Regional Web-Based GIS
Selectman Thornquist moved the following resolution that was seconded by Selectman Shea:
The regional GIS program would help integrate the region’s planning activities carried out by SCRCOG, such as those related to transportation and land use. In addition, the program would aid in the economic development efforts of Regional Economic Xcelleration (REX) such as market-based research. Municipal benefits, include the ability to view data in a regional context, including infrastructure (i.e. roads, utilities), environmental features, and demographic data. A regional we-based GIS would enable municipalities to collaborate more efficiently on projects of regional significance. For the municipalities in the region with limited or no GIS capabilities, they would have access to a robust regional system, which would significantly reduce start-up and operational costs. In cases where municipalities already have GIS capabilities, they would have access to additional data layers. A regional web-based GIS allows for greater accessibility to data for municipal staff and the general public, improving the region’s public outreach process. Users, regardless of technical expertise, would be able to take advantage of the regional website for online mapping and data analysis to better understand the local and regional landscape.
The Board of Selectmen of the Town of Bethany met on November 28, 2011 and adopted a resolution by a vote of three to zero endorsing a proposal to be submitted by the South Central Regional Council of Governments (SCRCOG) for a Regional Performance Incentive grant pursuant to Section 5 of Public Act 11-61 (An Act Concerning Responsible Growth). The SCRCOG proposal is for a Regional Web-Based GIS Program. A summary of such proposal is attached to and made a part of this record.
AUDIT
Marian and Company will be here on Tuesday November 29, 2011 to discuss the audit draft with First Selectwoman Gorski and Board of Finance Chairman Janet Brunwin. The audit should be finalized by the Board of Finance meeting of December 13, 2011.
MEETING SCHEDULE
The Board of Selectmen reviewed the meeting schedule for 2012. After minor changes the schedule was accepted on a unanimous vote following a motion moved by Selectman Thornquist and seconded by Selectman Shea.
TAX REFUNDS
Selectman Shea moved to refund to Nissan Infinitti, LT the sum of $379.44 and to Robert J. Gaetano the sum of $50.54 all for overpayment of taxes. Selectman Thornquist seconded the motion. The vote taken was unanimous.
CORRESPONDENCE
Correspondence was read by First Selectwoman Gorski from Barrie Collins regarding excess tree trimming and the fact that trees were not the only cause of power outages in the recent storms. Old telephone poles also snapped causing power outages. She urged preservation of trees especially on rural roads.
ADJOURNMENT
Adjournment was called at 9:10 p.m. after a motion was moved by Selectman Thornquist and seconded by Donald Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
Friday, December 16, 2011
BOARD OF SELECTMEN
SPECIAL MEETING
DECEMBER 1, 2011
Page 1 of 1
Attendance: First Selectwoman Derrylyn Gorski, Selectman Steven Thornquist, Selectman Donald Shea
Visitors: Roderick White,Elyse Rogers
First Selectwoman Gorski called the special meeting of the Board of Selectmen to order at 4:30 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The purpose of this special meeting was to award the roof bids for both the Town Hall vault and the Town Garage roof replacements.
Elyse Rogers led the Selectmen in the reciting of the Pledge of Allegiance.
AWARDING OF ROOF BIDS
Roderick White was present and made the recommendation after a review of the bids to award the bid to D & R Custom Builders Inc. The motion to award the bid for roof replacement for the vault roof at Bethany Town Hall and Bethany Town Garage to D & R Custom Builders Inc. was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
ADJOURNMENT
Adjournment was called at 4:35 p.m. after a motion was moved by Selectman Shea and seconded by Selectman Thornquist. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectman
SPECIAL MEETING
DECEMBER 1, 2011
Page 1 of 1
Attendance: First Selectwoman Derrylyn Gorski, Selectman Steven Thornquist, Selectman Donald Shea
Visitors: Roderick White,Elyse Rogers
First Selectwoman Gorski called the special meeting of the Board of Selectmen to order at 4:30 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The purpose of this special meeting was to award the roof bids for both the Town Hall vault and the Town Garage roof replacements.
Elyse Rogers led the Selectmen in the reciting of the Pledge of Allegiance.
AWARDING OF ROOF BIDS
Roderick White was present and made the recommendation after a review of the bids to award the bid to D & R Custom Builders Inc. The motion to award the bid for roof replacement for the vault roof at Bethany Town Hall and Bethany Town Garage to D & R Custom Builders Inc. was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
ADJOURNMENT
Adjournment was called at 4:35 p.m. after a motion was moved by Selectman Shea and seconded by Selectman Thornquist. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectman
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, DECEMBER 7, 2011 Page 1 of 13
The regular meeting of the Planning and Zoning Commission was called to order at 7:02 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Commission Members were present:
Melissa Spear, Chair
Mary Shurtleff, Vice-Chair
Patricia Winer, Member
Michael Calhoun, Member
Kimberly McClure Brinton, Member
Donna Shea, Alternate Member
Nellie Rabinowitz, Alternate Member
The following Commission Member was absent or excused:
Marc Adelberg, Alternate Member
Also present were:
Hiram Peck, Planning Consultant
Isabel Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Shurtleff and seconded by Brinton to approve the minutes of the October 5, 2011, Regular Meeting with the following corrections:
Page 3 – Last Sentence – Reads “At 7:37 p.m., Chairman Huxley recessed the public hearing and continued it to the next regular meeting on Wednesday, November 2, 2011, in the Commission Meeting Room.” Change to “At 7:37 p.m., Chair Spear recessed the public hearing and continued it to the next regular meeting on Wednesday, November 2, 2011, in the Commission Meeting Room.”
Page 6 – Item 4) – 5th Sentence – Reads “Also Ms. Kearns recommended that due to the stream, Mr. Stoyer will place medallions on the trees for the conservation easement instead of the monuments in or next to the stream.” Change to “Also Ms. Kearns recommended in order to avoid disturbing the stream, Mr. Stoyer be allowed to place medallions on the trees for the conservation easement instead of the monuments in or next to the stream.”
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Copy of letter from Diversified Technology Consultants to IWC, dated August 10, 2011, Re: Review of plans for 18 Munson Road, dated June 1, 2011.
2. Copy of letter from Diversified Technology Consultants to IWC, dated September 22, 2011, Re: Review of revised plans for 18 Munson Road, dated September 20, 2011.
3. Letter from Rod White, Fire Marshal, dated October 26, 2011, Re: Comments on review of application for 18 Munson Road.
4. Copy of Inland Wetlands Permit #1166 for 18 Munson Road for an Inland Wetlands Permit for a building addition and parking/loading area approved September 26, 2011.
5. Letter from Quinnipiack Valley Health District dated October 31, 2011, Re: Comments on review of application #2011-024 and #2011-025 for 18 Munson Road.
6. Letter from John Paul Garcia, P.E., dated November 2, 2011, Re: Request for postponement of public hearing scheduled for November 2, 2011, due to power outage, 18 Munson Road.
7. Letter from South Central Connecticut Regional Planning Commission, dated October 14, 2011, Re: Comments on review of proposed zoning regulation amendment to Section 6 – prohibited uses.
8. Submitted by Stuart Cuthbert of 403 Fairwood Road, dated October 18, 2011, twelve photographs of property located at 415 Fairwood Road, illegal fencing business.
9. Email from Stuart Cuthbert of 403 Fairwood Road, dated December 5, 2011, Re: 415 Fairwood Road, illegal fencing business.
10. Letter from John Paul Garcia & Associates, dated October 27, 2011, Re: Waiver request for parking for proposal at 6 Sargent Drive.
11. Letter from South Central Connecticut Regional Water Authority, dated November 2, 2011, Re: Comments on review for 6 Sargent Drive, gas station/convenience store.
12. Letter from Quinnipiack Valley Health District to Mike Patel owner of 6 Sargent Drive, dated November 9, 2011, Re: Requesting information on what food products would be sold at proposed convenience store at 6 Sargent Drive.
13. Letter from Quinnipiack Valley Health District to John Paul Garcia, P.E., dated November 9, 2011, Re: Comments on review of subsurface sewage disposal system design for proposed retail building at 6 Sargent Drive.
14. Submitted by Chris Stoyer of 100 Miller Road, a copy of map entitled “Resubdivision Map for Hopp Brook Resubdivision”, dated October 14, 2002 and March 1, 2003, revised to May 13, 2011, and with red hand drawn markings submitted on November 16, 2011, showing trees where medallions will be placed for the conservation easement.
15. Copy of email from Jim Geloso of 9 Munson Road to Isabel Kearns, ZEO, dated October 26, 2011, Re: Change in company name from Connecticut Sheet Metal to Bethany Supply located at 9 Munson Road.
16. Email from Eugene Livshits of SCRCOG, dated October 12, 2011, Re: Town of Cheshire proposed zoning regulation amendment regarding directional signage for critical/urgent care facilities.
17. Letter from Nancy McCarthy, Town Clerk, dated November 22, 2011, Re: Request for 2012 schedule of regular meetings for the Planning and Zoning Commission with attached draft prepared by clerk for 2012 regular meetings.
It was moved by Calhoun and seconded by Winer to add Item #17 above to the agenda for the December 7, 2011, regular meeting and to approve the adoption of the January 2012 through January 2013 schedule as presented to the Commission by the Clerk.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Fall 2011.
2. The Connecticut Landscape Architect, Fall 2011.
BILLS
1) It was moved by Calhoun and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for November 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
2) It was moved by Brinton and seconded by Shurtleff to accept the Chair Spear’s approval of the payment of $1,000.00 (monthly pro rata basis), for services rendered for October 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO, reported on the following:
Ms. Kearns distributed a sheet entitled “Zoning Violations – December 7, 2011” for the Commission’s review and stated the First Selectman has assigned a hearing officer for zoning violations. Chair Spear directed Ms. Kearns to contact the property owners by mail once more before any action taken for a hearing.
PUBLIC HEARINGS
· 18 Munson Road, Application #2011-024 submitted by RDC Holding LLC for a Business Addition and Parking/Loading Area –
· 18 Munson Road, Application #2011-025 submitted by RDC Holding LLC for a Special Exception Permit for Outside Storage –
At 7:34 p.m., Chair Spear called to order the public hearing on Application #2011-024 and Application #2011-025. The call for the public hearing was read. Chair Spear reviewed the complete contents of the application files.
Chair Spear then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Copy of letter from Diversified Technology Consultants to IWC, dated August 10, 2011, Re: Review of plans for 18 Munson Road, dated June 1, 2011.
Exhibit 1B – Copy of letter from Diversified Technology Consultants to IWC, dated September 22, 2011, Re: Review of revised plans for 18 Munson Road, dated September 20, 2011.
Exhibit 1C - Letter from Rod White, Fire Marshal, dated October 26, 2011, Re: Comments on review of application for 18 Munson Road.
Exhibit 1D - Copy of Inland Wetlands Permit #1166 for 18 Munson Road for an Inland Wetlands Permit for a building addition and parking/loading area approved September 26, 2011.
Exhibit 1E - Letter from Quinnipiack Valley Health District dated October 31, 2011, Re: Comments on review of application #2011-024 and #2011-025 for 18 Munson Road.
Exhibit 1F - Letter from John Paul Garcia, P.E., dated November 2, 2011, Re: Request for postponement of public hearing scheduled for November 2, 2011, due to power outage, 18 Munson Road.
Exhibit 1G – Letter from Isabel Kearns, ZEO, dated July 13, 2011, Re: Review comments on applications for 18 Munson Road.
Exhibit 1H – Letter from South Central Connecticut Regional Water Authority to IWC, dated July 21, 2011, Re: Comments on review of 18 Munson Road, construction of building addition.
Exhibit 1”I” – Letter from South Central Connecticut Regional Water Authority to IWC dated August 19, 2011, Re: Comments on review of revised site plan dated July 25, 2011, for 18 Munson Road, Construction of building addition.
Exhibit 1J – Submitted by Isabel Kearns, ZEO, copy of the “Certification of Soil Erosion and Sedimentation Control Plan” to be approved by the Commission.
Present to speak on behalf of the applicant was John Paul Garcia, P.E./L.S. of John Paul Garcia and Associates. Mr. Garcia presented an overview of the proposed project.
In discussion, Commission members noted:
· The existing septic system is failing and it will be replaced.
· Landscaping to be bonded.
Chair Spear then asked if there were any comments from the public. There were no comments.
There being no further discussion, at 8:10 p.m. Chair Spear closed the public hearing on the subject applications.
· Proposed amendments to the Bethany Zoning Regulations to Section 6 – Prohibited Uses. Add #6.28 – Signs with any type of internal lighting or internal illumination.
At 8:11 p.m., Chair Spear called to order the public hearing continuation on the proposed amendments to Section 6 – Prohibited Uses. Add #6.28 – Signs with any type of internal lighting or internal illumination.
Chair Spear then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 2A – Letter from South Central Connecticut Regional Planning Commission, dated October 14, 2011, Re: Comments on review of proposed zoning regulation amendment to Section 6 – prohibited uses.
Chair Spear then asked if there were any comments from the public. The following public member spoke:
· John Paul Garcia of 190 Fairwood Road – Mr. Garcia noted that by not allowing Signs with any type of internal lighting or internal illumination the Commission would be hindering future technology.
There being no further discussion, at 8:18 p.m. Chair Spear closed the public hearing.
NEW BUSINESS
1) Discussion with Stuart Cuthbert of 403 Fairwood Road regarding 415 Fairwood Road – operation of fencing business –
No one was present for this discussion.
The Commission received the following correspondence from Mr. Cuthbert:
· Submitted by Stuart Cuthbert of 403 Fairwood Road, dated October 18, 2011, twelve photographs of property located at 415 Fairwood Road, illegal fencing business.
· Email from Stuart Cuthbert of 403 Fairwood Road, dated December 5, 2011, Re: 415 Fairwood Road, illegal fencing business.
2) 6 Sargent Drive, Application #2011-026 submitted by Mukesh Patel for a Special Exception Permit – Construct 3600 SF Gas Filling Station/Convenience Store -
The Commission formally received the application. Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.
The Commission received the following correspondence for this application:
Letter from John Paul Garcia & Associates, dated October 27, 2011, Re: Waiver request for parking for proposal at 6 Sargent Drive.
· Letter from South Central Connecticut Regional Water Authority, dated November 2, 2011, Re: Comments on review for 6 Sargent Drive, gas station/convenience store.
· Letter from Quinnipiack Valley Health District to Mike Patel owner of 6 Sargent Drive, dated November 9, 2011, Re: Requesting information on what food products would be sold at proposed convenience store at 6 Sargent Drive.
· Letter from Quinnipiack Valley Health District to John Paul Garcia, P.E., dated November 9, 2011, Re: Comments on review of subsurface sewage disposal system design for proposed retail building at 6 Sargent Drive.
The Commission scheduled a public hearing date for Wednesday, January 4, 2012, at 7:30 p.m. in the Commission Meeting Room, Bethany Town Hall.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, January 4, 2012. Tabled.
3) 6 Sargent Drive, Application #2011-027 submitted by Mukesh Patel for a Site Plan Approval - Construct 3600 SF Gas Filling Station/Convenience Store -
The Commission formally received the application. Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.
The Commission received the following correspondence for this application:
Letter from John Paul Garcia & Associates, dated October 27, 2011, Re: Waiver request for parking for proposal at 6 Sargent Drive.
· Letter from South Central Connecticut Regional Water Authority, dated November 2, 2011, Re: Comments on review for 6 Sargent Drive, gas station/convenience store.
· Letter from Quinnipiack Valley Health District to Mike Patel owner of 6 Sargent Drive, dated November 9, 2011, Re: Requesting information on what food products would be sold at proposed convenience store at 6 Sargent Drive.
· Letter from Quinnipiack Valley Health District to John Paul Garcia, P.E., dated November 9, 2011, Re: Comments on review of subsurface sewage disposal system design for proposed retail building at 6 Sargent Drive.
The Commission scheduled a public hearing date for Wednesday, January 4, 2012, at 7:30 p.m. in the Commission Meeting Room, Bethany Town Hall.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, January 4, 2012. Tabled.
4) 6 Sargent Drive, Application #2011-028 submitted by Mukesh Patel for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit -
The Commission formally received the application. Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.
The Commission received the following correspondence for this application:
Letter from John Paul Garcia & Associates, dated October 27, 2011, Re: Waiver request for parking for proposal at 6 Sargent Drive.
· Letter from South Central Connecticut Regional Water Authority, dated November 2, 2011, Re: Comments on review for 6 Sargent Drive, gas station/convenience store.
· Letter from Quinnipiack Valley Health District to Mike Patel owner of 6 Sargent Drive, dated November 9, 2011, Re: Requesting information on what food products would be sold at proposed convenience store at 6 Sargent Drive.
· Letter from Quinnipiack Valley Health District to John Paul Garcia, P.E., dated November 9, 2011, Re: Comments on review of subsurface sewage disposal system design for proposed retail building at 6 Sargent Drive.
The Commission scheduled a public hearing date for Wednesday, January 4, 2012, at 7:30 p.m. in the Commission Meeting Room, Bethany Town Hall.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, January 4, 2012. Tabled.
5) 667 Amity Road, Application #2011-029 submitted by Eric Soltis for a Site Plan Review – construct and operate “Haunted Attraction” –
The Commission formally received the application. Present to speak on behalf of this application was Eric Soltis, who is the applicant.
Mr. Soltis briefly reviewed the proposed project noting:
The attraction would take place the last weekend in September to the last weekend in October.
The attraction will consist of temporary structures that will be taken down and stored on site.
Would like to place a temporary sign in the front near the street.
Contacted the building official and fire marshal.
In discussion, Commission members noted:
The Commission did not receive a response from the Inland Wetlands Commission and Quinnipiack Valley Health District.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, January 4, 2012. Tabled.
6) 72 Downs Road, Application #2011-030 submitted by Joan Jackson for a Special Exception Permit for an Accessory Apartment –
The Commission formally received the application. No one was present to speak on behalf of this application.
The Commission scheduled a public hearing date for Wednesday, January 4, 2012, at 7:30 p.m. in the Commission Meeting Room, Bethany Town Hall.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, January 4, 2012. Tabled.
OLD BUSINESS
1. 18 Munson Road, Application #2011-024 submitted by RDC Holding LLC to construct an addition to building, parking and drainage –
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Brinton and seconded by Calhoun to approve the following resolution for Application #2011-024:
Whereas, in a letter dated September 27, 2011, the owner of the property RDC Holding, LLC authorized John Paul Garcia, P.E., to act as their agent for any land-use permits pertaining to the construction of an addition located at 18 Munson Road;
Whereas, John Paul Garcia, P.E., applied on October 3, 2011, to the Bethany Planning and Zoning Commission for site plan approval for a 60’ by 120’ building addition and associated site work located at 18 Munson Road (#2011-024);
Whereas, the Commission held a hearing on December 7, 2011, on this site plan application for a 60’ by 120’ building addition and associated site work on property know as 18 Munson Road (#2011-024). Said hearing was held in conjunction with Application #2011-025 for a Special Exception permit for outside storage of sheet metal, pallets and flat stock on the same premises. Said hearing was closed at the conclusion of testimony that same evening;
Whereas, the Commission also at its regular meeting of December 7, 2011, considered the plans, testimony and other pertinent application information relating to the site plan application for a 60’ by 120’ building addition and associated site work at 18 Munson Road;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The Commission received a copy of a letter dated July 21, 2011, (addressed to Patricia McGregor, Chair – IWC) from Ron Walters of the South Central Connecticut Regional Water Authority. The Commission also received a subsequent copy of a letter dated August 19, 2011, in which Mr. Walters states that all the comments included in the July 21, 2011, letter have been addressed.
2) Roderick White, Fire Marshal, submitted a letter to the Commission dated October 26, 2011, in which he stated he has no comment at this time and will review this project when the building plans are submitted.
3) The Commission received Inland Wetlands Permit #1166 dated October 6, 2011, for approval of an addition, associated site work and outside storage located at 18 Munson Road.
4) The Commission received a review letter dated October 31, 2011, from Lynn Fox, representative for Quinnipiack Valley Health District, in which she states that the appropriate sections of the Connecticut Public Health Code have been addressed for the proposed building addition.
5) The Commission received two letters from Diversified Technology Consultants dated August 10, 2011, and September 22, 2011. The letter dated September 22, 2011, indicated that all the concerns they raised in the August 10, 2011 letter had been adequately resolved.
Now Therefore Be It Resolved, that pursuant to Section 5.2 of the Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves this site plan application for the construction of a 60’ by 120’ building addition and associated site work located at 18 Munson Road (#2011-024), as presented in the application, statement of use and testimony and in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
A. “Proposed Site Plan, 18 Munson Road”, dated June 1, 1011, revised to September 20, 2011, Drawing No. C-1.
B. “Typical Details, 18 Munson Road”, dated June 1, 2011, revised to September 20, 2011, Drawing No. C-2.
C. “Typical Details, 18 Munson Road”, dated August 16, 2011, with no revisions, Drawing No. C-3.
And with the following conditions:
1) The applicant shall provide an estimate for the erosion control measures. Said estimate shall be reviewed and approved by the Town Engineer and shall be in a form acceptable to Town Counsel.
2) No site work shall commence until the erosion control bond and erosion control measures are in place.
3) A building permit must be obtained prior to any construction.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
2. 18 Munson Road, Application #2011-025 submitted by RDC Holding LLC for a Special Exception Permit for outside storage –
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Winer and seconded Shurtleff to approve the following resolution for Application #2011-025:
Whereas, in a letter dated September 27, 2011, the owner of the property RDC Holding, LLC authorized John Paul Garcia, P.E., to act as their agent for any land-use permits pertaining to the construction of an addition located at 18 Munson Road;
Whereas, John Paul Garcia, P.E., applied on October 3, 2011, to the Bethany Planning and Zoning Commission for a Special Exception permit for outside storage of sheet metal, pallets and flat stock located at 18 Munson Road (#2011-025);
Whereas, the Commission held a hearing on December 7, 2011, on this Special Exception permit for outside storage of sheet metal, pallets and flat stock on property know as 18 Munson Road (#2011-025). Said hearing was held in conjunction with Application #2011-024 for site plan approval for a 60’ by 120’ building addition and associated site work located at 18 Munson Road. Said hearing was closed at the conclusion of testimony that same evening;
Whereas, the Commission also at its regular meeting of December 7, 2011, considered the plans, testimony and other pertinent application information relating to the special exception for outside storage of sheet metal, pallets and flat stock located at 18 Munson Road;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The Planning and Zoning Commission received a copy of a letter dated July 21, 2011, (addressed to Patricia McGregor, Chair – IWC) from Ron Walters of the South Central Connecticut Regional Water Authority. The Commission also received a subsequent
copy of a letter dated August 19, 2011, in which Mr. Walters stated that all the comments included in the July 21, 2011, letter have been addressed.
2) Roderick White, Fire Marshal, submitted a letter to the Commission dated October 26, 2011, in which he states he has no comment at this time and will review this project when the building plans are submitted.
3) The Commission received Inland Wetlands Permit #1166 dated October 6, 2011, for approval of an addition and outside storage located at 18 Munson Road;
4) The Commission received a review letter dated October 31, 2011 from Lynn Fox, Quinnipiack Valley Health District representative, in which she states that the appropriate sections of the Connecticut Public Health Code have been addressed for the proposed building addition.
5) The Commission received two letters from Diversified Technology Consultants dated August 10, 2011 and September 22, 2011. The letter dated September 22, 2011 indicated that all the concerns they raised in the August 10, 2011 letter had been adequately resolved.
Now Therefore Be It Resolved, that pursuant to Section 5.3H of the Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves the Special Exception permit for outside storage of sheet metal, pallets and flat stock located at 18 Munson Road (#2011-025), as presented in the application, statement of use and testimony and in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
A. “Proposed Site Plan, 18 Munson Road”, dated June 1, 1011, revised to September 20, 2011, Drawing No. C-1.
B. “Typical Details, 18 Munson Road”, dated June 1, 2011, revised to September 20, 2011, Drawing No. C-2.
C. “Typical Details, 18 Munson Road”, dated August 16, 2011, with no revisions, Drawing No. C-3.
And with the following conditions:
1) The outside storage associated with this permit is only for the storage of sheet metal, pallets and flat stock in the area designated as “proposed gravel storage area”, as shown on the map of record.
2) The applicant’s screening does not technically comply with the requirements of Section 10.I.4 of the Bethany Zoning Regulations, however because of the existing situation and the fact that there is no use on the abutting property, the Commission is willing to consider the application as presented. However, the Commission would reserve the right to require screening at some point in the future should screening in accordance with the zoning regulations be required.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
It was moved by Shurtleff and seconded by Winer to approve the following Certification of Soil Erosion and Sedimentation Control Plan:
This is to serve to certify that the soil erosion and sedimentation control plan shown on the plans entitled, “Proposed Site Plan” dated June 1, 2011, revised to September 20, 2011:
Prepared by: John Paul Garcia & Associates, Engineers and Surveyors
For: Site plan approval for building addition and associated site work
At: 18 Munson Road
Submitted By: John Paul Garcia, Agent for RDC Holding, LLC aka Reed
Complies with the requirements and objectives of Section 11 – Erosion and Sedimentation Control Regulations, having been certified by the Bethany Planning and Zoning Commission at a regular meeting on December 7, 2011.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
3. Proposed Bethany Zoning Regulation Amendment to Section 6 – Prohibited Uses. Add #6.28 – Signs with any type of internal lighting or internal illumination –
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Winer and seconded by Calhoun to approve the following resolution to amend the Zoning Regulations:
Whereas, the Planning and Zoning Commission of the Town of Bethany proposed a Zoning Regulation Amendment to Section 6 – Prohibited Uses as follows:
Add a Section 6.28 – Signs with any type of internal lighting or internal illumination.
Whereas, notice for the public hearing on this proposed Zoning Regulation amendment was duly noticed and a copy of the same proposal was on file in the Town Clerk’s Office, as per the State Statutes;
Whereas, the Commission held a public hearing to discuss the proposed Zoning Regulation Amendment to Section 6 – Prohibited Uses at their regular meeting on December 7, 2011. Said hearing was closed that same evening;
Whereas, the Commission also at its regular meeting of December 7, 2011, considered the adoption of this proposed zoning regulation amendment and testimony regarding the same;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The Commission received a letter dated October 14, 2011, from Peggy Rubens-Duhl, Chairwoman of the South Central Connecticut Regional Planning Commission, in which she states that the proposed amendment does not appear to cause any negative inter-municipal impacts.
Now Therefore Be It Resolved that pursuant to Section 8-3 of the Connecticut General State Statutes, the Planning and Zoning Commission adopts the proposed Zoning Regulation Amendment to Section 6.
The effective date shall be January 1, 2012.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
4. Discuss increasing application fees – Tabled.
There being no further business to come before the Commission, it was moved by Shurtleff and seconded by Calhoun to adjourn the regular meeting at 9:15 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
The regular meeting of the Planning and Zoning Commission was called to order at 7:02 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Commission Members were present:
Melissa Spear, Chair
Mary Shurtleff, Vice-Chair
Patricia Winer, Member
Michael Calhoun, Member
Kimberly McClure Brinton, Member
Donna Shea, Alternate Member
Nellie Rabinowitz, Alternate Member
The following Commission Member was absent or excused:
Marc Adelberg, Alternate Member
Also present were:
Hiram Peck, Planning Consultant
Isabel Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Shurtleff and seconded by Brinton to approve the minutes of the October 5, 2011, Regular Meeting with the following corrections:
Page 3 – Last Sentence – Reads “At 7:37 p.m., Chairman Huxley recessed the public hearing and continued it to the next regular meeting on Wednesday, November 2, 2011, in the Commission Meeting Room.” Change to “At 7:37 p.m., Chair Spear recessed the public hearing and continued it to the next regular meeting on Wednesday, November 2, 2011, in the Commission Meeting Room.”
Page 6 – Item 4) – 5th Sentence – Reads “Also Ms. Kearns recommended that due to the stream, Mr. Stoyer will place medallions on the trees for the conservation easement instead of the monuments in or next to the stream.” Change to “Also Ms. Kearns recommended in order to avoid disturbing the stream, Mr. Stoyer be allowed to place medallions on the trees for the conservation easement instead of the monuments in or next to the stream.”
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Copy of letter from Diversified Technology Consultants to IWC, dated August 10, 2011, Re: Review of plans for 18 Munson Road, dated June 1, 2011.
2. Copy of letter from Diversified Technology Consultants to IWC, dated September 22, 2011, Re: Review of revised plans for 18 Munson Road, dated September 20, 2011.
3. Letter from Rod White, Fire Marshal, dated October 26, 2011, Re: Comments on review of application for 18 Munson Road.
4. Copy of Inland Wetlands Permit #1166 for 18 Munson Road for an Inland Wetlands Permit for a building addition and parking/loading area approved September 26, 2011.
5. Letter from Quinnipiack Valley Health District dated October 31, 2011, Re: Comments on review of application #2011-024 and #2011-025 for 18 Munson Road.
6. Letter from John Paul Garcia, P.E., dated November 2, 2011, Re: Request for postponement of public hearing scheduled for November 2, 2011, due to power outage, 18 Munson Road.
7. Letter from South Central Connecticut Regional Planning Commission, dated October 14, 2011, Re: Comments on review of proposed zoning regulation amendment to Section 6 – prohibited uses.
8. Submitted by Stuart Cuthbert of 403 Fairwood Road, dated October 18, 2011, twelve photographs of property located at 415 Fairwood Road, illegal fencing business.
9. Email from Stuart Cuthbert of 403 Fairwood Road, dated December 5, 2011, Re: 415 Fairwood Road, illegal fencing business.
10. Letter from John Paul Garcia & Associates, dated October 27, 2011, Re: Waiver request for parking for proposal at 6 Sargent Drive.
11. Letter from South Central Connecticut Regional Water Authority, dated November 2, 2011, Re: Comments on review for 6 Sargent Drive, gas station/convenience store.
12. Letter from Quinnipiack Valley Health District to Mike Patel owner of 6 Sargent Drive, dated November 9, 2011, Re: Requesting information on what food products would be sold at proposed convenience store at 6 Sargent Drive.
13. Letter from Quinnipiack Valley Health District to John Paul Garcia, P.E., dated November 9, 2011, Re: Comments on review of subsurface sewage disposal system design for proposed retail building at 6 Sargent Drive.
14. Submitted by Chris Stoyer of 100 Miller Road, a copy of map entitled “Resubdivision Map for Hopp Brook Resubdivision”, dated October 14, 2002 and March 1, 2003, revised to May 13, 2011, and with red hand drawn markings submitted on November 16, 2011, showing trees where medallions will be placed for the conservation easement.
15. Copy of email from Jim Geloso of 9 Munson Road to Isabel Kearns, ZEO, dated October 26, 2011, Re: Change in company name from Connecticut Sheet Metal to Bethany Supply located at 9 Munson Road.
16. Email from Eugene Livshits of SCRCOG, dated October 12, 2011, Re: Town of Cheshire proposed zoning regulation amendment regarding directional signage for critical/urgent care facilities.
17. Letter from Nancy McCarthy, Town Clerk, dated November 22, 2011, Re: Request for 2012 schedule of regular meetings for the Planning and Zoning Commission with attached draft prepared by clerk for 2012 regular meetings.
It was moved by Calhoun and seconded by Winer to add Item #17 above to the agenda for the December 7, 2011, regular meeting and to approve the adoption of the January 2012 through January 2013 schedule as presented to the Commission by the Clerk.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Fall 2011.
2. The Connecticut Landscape Architect, Fall 2011.
BILLS
1) It was moved by Calhoun and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for November 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
2) It was moved by Brinton and seconded by Shurtleff to accept the Chair Spear’s approval of the payment of $1,000.00 (monthly pro rata basis), for services rendered for October 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO, reported on the following:
Ms. Kearns distributed a sheet entitled “Zoning Violations – December 7, 2011” for the Commission’s review and stated the First Selectman has assigned a hearing officer for zoning violations. Chair Spear directed Ms. Kearns to contact the property owners by mail once more before any action taken for a hearing.
PUBLIC HEARINGS
· 18 Munson Road, Application #2011-024 submitted by RDC Holding LLC for a Business Addition and Parking/Loading Area –
· 18 Munson Road, Application #2011-025 submitted by RDC Holding LLC for a Special Exception Permit for Outside Storage –
At 7:34 p.m., Chair Spear called to order the public hearing on Application #2011-024 and Application #2011-025. The call for the public hearing was read. Chair Spear reviewed the complete contents of the application files.
Chair Spear then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Copy of letter from Diversified Technology Consultants to IWC, dated August 10, 2011, Re: Review of plans for 18 Munson Road, dated June 1, 2011.
Exhibit 1B – Copy of letter from Diversified Technology Consultants to IWC, dated September 22, 2011, Re: Review of revised plans for 18 Munson Road, dated September 20, 2011.
Exhibit 1C - Letter from Rod White, Fire Marshal, dated October 26, 2011, Re: Comments on review of application for 18 Munson Road.
Exhibit 1D - Copy of Inland Wetlands Permit #1166 for 18 Munson Road for an Inland Wetlands Permit for a building addition and parking/loading area approved September 26, 2011.
Exhibit 1E - Letter from Quinnipiack Valley Health District dated October 31, 2011, Re: Comments on review of application #2011-024 and #2011-025 for 18 Munson Road.
Exhibit 1F - Letter from John Paul Garcia, P.E., dated November 2, 2011, Re: Request for postponement of public hearing scheduled for November 2, 2011, due to power outage, 18 Munson Road.
Exhibit 1G – Letter from Isabel Kearns, ZEO, dated July 13, 2011, Re: Review comments on applications for 18 Munson Road.
Exhibit 1H – Letter from South Central Connecticut Regional Water Authority to IWC, dated July 21, 2011, Re: Comments on review of 18 Munson Road, construction of building addition.
Exhibit 1”I” – Letter from South Central Connecticut Regional Water Authority to IWC dated August 19, 2011, Re: Comments on review of revised site plan dated July 25, 2011, for 18 Munson Road, Construction of building addition.
Exhibit 1J – Submitted by Isabel Kearns, ZEO, copy of the “Certification of Soil Erosion and Sedimentation Control Plan” to be approved by the Commission.
Present to speak on behalf of the applicant was John Paul Garcia, P.E./L.S. of John Paul Garcia and Associates. Mr. Garcia presented an overview of the proposed project.
In discussion, Commission members noted:
· The existing septic system is failing and it will be replaced.
· Landscaping to be bonded.
Chair Spear then asked if there were any comments from the public. There were no comments.
There being no further discussion, at 8:10 p.m. Chair Spear closed the public hearing on the subject applications.
· Proposed amendments to the Bethany Zoning Regulations to Section 6 – Prohibited Uses. Add #6.28 – Signs with any type of internal lighting or internal illumination.
At 8:11 p.m., Chair Spear called to order the public hearing continuation on the proposed amendments to Section 6 – Prohibited Uses. Add #6.28 – Signs with any type of internal lighting or internal illumination.
Chair Spear then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 2A – Letter from South Central Connecticut Regional Planning Commission, dated October 14, 2011, Re: Comments on review of proposed zoning regulation amendment to Section 6 – prohibited uses.
Chair Spear then asked if there were any comments from the public. The following public member spoke:
· John Paul Garcia of 190 Fairwood Road – Mr. Garcia noted that by not allowing Signs with any type of internal lighting or internal illumination the Commission would be hindering future technology.
There being no further discussion, at 8:18 p.m. Chair Spear closed the public hearing.
NEW BUSINESS
1) Discussion with Stuart Cuthbert of 403 Fairwood Road regarding 415 Fairwood Road – operation of fencing business –
No one was present for this discussion.
The Commission received the following correspondence from Mr. Cuthbert:
· Submitted by Stuart Cuthbert of 403 Fairwood Road, dated October 18, 2011, twelve photographs of property located at 415 Fairwood Road, illegal fencing business.
· Email from Stuart Cuthbert of 403 Fairwood Road, dated December 5, 2011, Re: 415 Fairwood Road, illegal fencing business.
2) 6 Sargent Drive, Application #2011-026 submitted by Mukesh Patel for a Special Exception Permit – Construct 3600 SF Gas Filling Station/Convenience Store -
The Commission formally received the application. Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.
The Commission received the following correspondence for this application:
Letter from John Paul Garcia & Associates, dated October 27, 2011, Re: Waiver request for parking for proposal at 6 Sargent Drive.
· Letter from South Central Connecticut Regional Water Authority, dated November 2, 2011, Re: Comments on review for 6 Sargent Drive, gas station/convenience store.
· Letter from Quinnipiack Valley Health District to Mike Patel owner of 6 Sargent Drive, dated November 9, 2011, Re: Requesting information on what food products would be sold at proposed convenience store at 6 Sargent Drive.
· Letter from Quinnipiack Valley Health District to John Paul Garcia, P.E., dated November 9, 2011, Re: Comments on review of subsurface sewage disposal system design for proposed retail building at 6 Sargent Drive.
The Commission scheduled a public hearing date for Wednesday, January 4, 2012, at 7:30 p.m. in the Commission Meeting Room, Bethany Town Hall.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, January 4, 2012. Tabled.
3) 6 Sargent Drive, Application #2011-027 submitted by Mukesh Patel for a Site Plan Approval - Construct 3600 SF Gas Filling Station/Convenience Store -
The Commission formally received the application. Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.
The Commission received the following correspondence for this application:
Letter from John Paul Garcia & Associates, dated October 27, 2011, Re: Waiver request for parking for proposal at 6 Sargent Drive.
· Letter from South Central Connecticut Regional Water Authority, dated November 2, 2011, Re: Comments on review for 6 Sargent Drive, gas station/convenience store.
· Letter from Quinnipiack Valley Health District to Mike Patel owner of 6 Sargent Drive, dated November 9, 2011, Re: Requesting information on what food products would be sold at proposed convenience store at 6 Sargent Drive.
· Letter from Quinnipiack Valley Health District to John Paul Garcia, P.E., dated November 9, 2011, Re: Comments on review of subsurface sewage disposal system design for proposed retail building at 6 Sargent Drive.
The Commission scheduled a public hearing date for Wednesday, January 4, 2012, at 7:30 p.m. in the Commission Meeting Room, Bethany Town Hall.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, January 4, 2012. Tabled.
4) 6 Sargent Drive, Application #2011-028 submitted by Mukesh Patel for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit -
The Commission formally received the application. Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.
The Commission received the following correspondence for this application:
Letter from John Paul Garcia & Associates, dated October 27, 2011, Re: Waiver request for parking for proposal at 6 Sargent Drive.
· Letter from South Central Connecticut Regional Water Authority, dated November 2, 2011, Re: Comments on review for 6 Sargent Drive, gas station/convenience store.
· Letter from Quinnipiack Valley Health District to Mike Patel owner of 6 Sargent Drive, dated November 9, 2011, Re: Requesting information on what food products would be sold at proposed convenience store at 6 Sargent Drive.
· Letter from Quinnipiack Valley Health District to John Paul Garcia, P.E., dated November 9, 2011, Re: Comments on review of subsurface sewage disposal system design for proposed retail building at 6 Sargent Drive.
The Commission scheduled a public hearing date for Wednesday, January 4, 2012, at 7:30 p.m. in the Commission Meeting Room, Bethany Town Hall.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, January 4, 2012. Tabled.
5) 667 Amity Road, Application #2011-029 submitted by Eric Soltis for a Site Plan Review – construct and operate “Haunted Attraction” –
The Commission formally received the application. Present to speak on behalf of this application was Eric Soltis, who is the applicant.
Mr. Soltis briefly reviewed the proposed project noting:
The attraction would take place the last weekend in September to the last weekend in October.
The attraction will consist of temporary structures that will be taken down and stored on site.
Would like to place a temporary sign in the front near the street.
Contacted the building official and fire marshal.
In discussion, Commission members noted:
The Commission did not receive a response from the Inland Wetlands Commission and Quinnipiack Valley Health District.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, January 4, 2012. Tabled.
6) 72 Downs Road, Application #2011-030 submitted by Joan Jackson for a Special Exception Permit for an Accessory Apartment –
The Commission formally received the application. No one was present to speak on behalf of this application.
The Commission scheduled a public hearing date for Wednesday, January 4, 2012, at 7:30 p.m. in the Commission Meeting Room, Bethany Town Hall.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, January 4, 2012. Tabled.
OLD BUSINESS
1. 18 Munson Road, Application #2011-024 submitted by RDC Holding LLC to construct an addition to building, parking and drainage –
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Brinton and seconded by Calhoun to approve the following resolution for Application #2011-024:
Whereas, in a letter dated September 27, 2011, the owner of the property RDC Holding, LLC authorized John Paul Garcia, P.E., to act as their agent for any land-use permits pertaining to the construction of an addition located at 18 Munson Road;
Whereas, John Paul Garcia, P.E., applied on October 3, 2011, to the Bethany Planning and Zoning Commission for site plan approval for a 60’ by 120’ building addition and associated site work located at 18 Munson Road (#2011-024);
Whereas, the Commission held a hearing on December 7, 2011, on this site plan application for a 60’ by 120’ building addition and associated site work on property know as 18 Munson Road (#2011-024). Said hearing was held in conjunction with Application #2011-025 for a Special Exception permit for outside storage of sheet metal, pallets and flat stock on the same premises. Said hearing was closed at the conclusion of testimony that same evening;
Whereas, the Commission also at its regular meeting of December 7, 2011, considered the plans, testimony and other pertinent application information relating to the site plan application for a 60’ by 120’ building addition and associated site work at 18 Munson Road;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The Commission received a copy of a letter dated July 21, 2011, (addressed to Patricia McGregor, Chair – IWC) from Ron Walters of the South Central Connecticut Regional Water Authority. The Commission also received a subsequent copy of a letter dated August 19, 2011, in which Mr. Walters states that all the comments included in the July 21, 2011, letter have been addressed.
2) Roderick White, Fire Marshal, submitted a letter to the Commission dated October 26, 2011, in which he stated he has no comment at this time and will review this project when the building plans are submitted.
3) The Commission received Inland Wetlands Permit #1166 dated October 6, 2011, for approval of an addition, associated site work and outside storage located at 18 Munson Road.
4) The Commission received a review letter dated October 31, 2011, from Lynn Fox, representative for Quinnipiack Valley Health District, in which she states that the appropriate sections of the Connecticut Public Health Code have been addressed for the proposed building addition.
5) The Commission received two letters from Diversified Technology Consultants dated August 10, 2011, and September 22, 2011. The letter dated September 22, 2011, indicated that all the concerns they raised in the August 10, 2011 letter had been adequately resolved.
Now Therefore Be It Resolved, that pursuant to Section 5.2 of the Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves this site plan application for the construction of a 60’ by 120’ building addition and associated site work located at 18 Munson Road (#2011-024), as presented in the application, statement of use and testimony and in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
A. “Proposed Site Plan, 18 Munson Road”, dated June 1, 1011, revised to September 20, 2011, Drawing No. C-1.
B. “Typical Details, 18 Munson Road”, dated June 1, 2011, revised to September 20, 2011, Drawing No. C-2.
C. “Typical Details, 18 Munson Road”, dated August 16, 2011, with no revisions, Drawing No. C-3.
And with the following conditions:
1) The applicant shall provide an estimate for the erosion control measures. Said estimate shall be reviewed and approved by the Town Engineer and shall be in a form acceptable to Town Counsel.
2) No site work shall commence until the erosion control bond and erosion control measures are in place.
3) A building permit must be obtained prior to any construction.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
2. 18 Munson Road, Application #2011-025 submitted by RDC Holding LLC for a Special Exception Permit for outside storage –
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Winer and seconded Shurtleff to approve the following resolution for Application #2011-025:
Whereas, in a letter dated September 27, 2011, the owner of the property RDC Holding, LLC authorized John Paul Garcia, P.E., to act as their agent for any land-use permits pertaining to the construction of an addition located at 18 Munson Road;
Whereas, John Paul Garcia, P.E., applied on October 3, 2011, to the Bethany Planning and Zoning Commission for a Special Exception permit for outside storage of sheet metal, pallets and flat stock located at 18 Munson Road (#2011-025);
Whereas, the Commission held a hearing on December 7, 2011, on this Special Exception permit for outside storage of sheet metal, pallets and flat stock on property know as 18 Munson Road (#2011-025). Said hearing was held in conjunction with Application #2011-024 for site plan approval for a 60’ by 120’ building addition and associated site work located at 18 Munson Road. Said hearing was closed at the conclusion of testimony that same evening;
Whereas, the Commission also at its regular meeting of December 7, 2011, considered the plans, testimony and other pertinent application information relating to the special exception for outside storage of sheet metal, pallets and flat stock located at 18 Munson Road;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The Planning and Zoning Commission received a copy of a letter dated July 21, 2011, (addressed to Patricia McGregor, Chair – IWC) from Ron Walters of the South Central Connecticut Regional Water Authority. The Commission also received a subsequent
copy of a letter dated August 19, 2011, in which Mr. Walters stated that all the comments included in the July 21, 2011, letter have been addressed.
2) Roderick White, Fire Marshal, submitted a letter to the Commission dated October 26, 2011, in which he states he has no comment at this time and will review this project when the building plans are submitted.
3) The Commission received Inland Wetlands Permit #1166 dated October 6, 2011, for approval of an addition and outside storage located at 18 Munson Road;
4) The Commission received a review letter dated October 31, 2011 from Lynn Fox, Quinnipiack Valley Health District representative, in which she states that the appropriate sections of the Connecticut Public Health Code have been addressed for the proposed building addition.
5) The Commission received two letters from Diversified Technology Consultants dated August 10, 2011 and September 22, 2011. The letter dated September 22, 2011 indicated that all the concerns they raised in the August 10, 2011 letter had been adequately resolved.
Now Therefore Be It Resolved, that pursuant to Section 5.3H of the Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves the Special Exception permit for outside storage of sheet metal, pallets and flat stock located at 18 Munson Road (#2011-025), as presented in the application, statement of use and testimony and in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
A. “Proposed Site Plan, 18 Munson Road”, dated June 1, 1011, revised to September 20, 2011, Drawing No. C-1.
B. “Typical Details, 18 Munson Road”, dated June 1, 2011, revised to September 20, 2011, Drawing No. C-2.
C. “Typical Details, 18 Munson Road”, dated August 16, 2011, with no revisions, Drawing No. C-3.
And with the following conditions:
1) The outside storage associated with this permit is only for the storage of sheet metal, pallets and flat stock in the area designated as “proposed gravel storage area”, as shown on the map of record.
2) The applicant’s screening does not technically comply with the requirements of Section 10.I.4 of the Bethany Zoning Regulations, however because of the existing situation and the fact that there is no use on the abutting property, the Commission is willing to consider the application as presented. However, the Commission would reserve the right to require screening at some point in the future should screening in accordance with the zoning regulations be required.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
It was moved by Shurtleff and seconded by Winer to approve the following Certification of Soil Erosion and Sedimentation Control Plan:
This is to serve to certify that the soil erosion and sedimentation control plan shown on the plans entitled, “Proposed Site Plan” dated June 1, 2011, revised to September 20, 2011:
Prepared by: John Paul Garcia & Associates, Engineers and Surveyors
For: Site plan approval for building addition and associated site work
At: 18 Munson Road
Submitted By: John Paul Garcia, Agent for RDC Holding, LLC aka Reed
Complies with the requirements and objectives of Section 11 – Erosion and Sedimentation Control Regulations, having been certified by the Bethany Planning and Zoning Commission at a regular meeting on December 7, 2011.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
3. Proposed Bethany Zoning Regulation Amendment to Section 6 – Prohibited Uses. Add #6.28 – Signs with any type of internal lighting or internal illumination –
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Winer and seconded by Calhoun to approve the following resolution to amend the Zoning Regulations:
Whereas, the Planning and Zoning Commission of the Town of Bethany proposed a Zoning Regulation Amendment to Section 6 – Prohibited Uses as follows:
Add a Section 6.28 – Signs with any type of internal lighting or internal illumination.
Whereas, notice for the public hearing on this proposed Zoning Regulation amendment was duly noticed and a copy of the same proposal was on file in the Town Clerk’s Office, as per the State Statutes;
Whereas, the Commission held a public hearing to discuss the proposed Zoning Regulation Amendment to Section 6 – Prohibited Uses at their regular meeting on December 7, 2011. Said hearing was closed that same evening;
Whereas, the Commission also at its regular meeting of December 7, 2011, considered the adoption of this proposed zoning regulation amendment and testimony regarding the same;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The Commission received a letter dated October 14, 2011, from Peggy Rubens-Duhl, Chairwoman of the South Central Connecticut Regional Planning Commission, in which she states that the proposed amendment does not appear to cause any negative inter-municipal impacts.
Now Therefore Be It Resolved that pursuant to Section 8-3 of the Connecticut General State Statutes, the Planning and Zoning Commission adopts the proposed Zoning Regulation Amendment to Section 6.
The effective date shall be January 1, 2012.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
4. Discuss increasing application fees – Tabled.
There being no further business to come before the Commission, it was moved by Shurtleff and seconded by Calhoun to adjourn the regular meeting at 9:15 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
Wednesday, December 7, 2011
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, NOVEMBER 28, 2011 Page 1 of 8
The regular meeting of the Inland Wetlands Commission was called to order at 7:37 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following members of the Commission were present:
Alexandra Breslin, Chair
Kristine Sullivan, Vice-Chair
Roger Hathaway, Member
The following members of the Commission were excused or absent:
Brian Smith, Member
Lisa Gaw, Member
Also present was:
Karen Hubbell, Assistant Inland Wetlands Enforcement Officer
It was moved by Sullivan and seconded by Hathaway to add Application #1177 and Application #1178 to the agenda for formal receipt. Unanimous approval.
A. 667 Amity Road, Application #1177 submitted by Eric Soltis for an IW Permit to construct a “Haunted Attraction” –
The Commission formally received the application. Present to speak on behalf of this application was Eric Soltis, Applicant.
Mr. Soltis briefly presented the proposal for a Halloween attraction for next year (2012). Mr. Soltis stated there will be no clear cutting.
Karen Hubbell, Assistant IWEO, reported that there is a runoff settling swale on the property near the proposed parking area.
The Commission would like to schedule a site visit and have Mr. Soltis stack out where the swale is located.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, December 19, 2011. Tabled.
B. Francis Drive, Anella Drive and Clay Road, Application #1178 submitted by the Town of Bethany/Department of Public Works for an IW Permit for drainage improvements –
The Commission formally received the application. Present to speak on behalf of this application was Alan Green, Public Works Director.
The Commission received a letter dated October 13, 2011, from Nafis & Young, Re: Drainage Improvements, Clay Road, Anthony Court, Anella Drive and Francis Drive.
Mr. Green briefly reviewed the proposed drainage improvements.
The Commission would like to schedule a site visit with Nafis and Young and obtain a plan outlining the proposed drainage.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, December 19, 2011. Tabled.
APPROVAL OF MINUTES
The minutes were deferred to the next regular meeting scheduled for Monday, December 19, 2011.
GENERAL CORRESPONDENCE
1. Email from Connie LaFemina of 50 Mesa Drive to Isabel Kearns, IWEO, dated November 3, 2011, Re: Presentation at the October 24, 2011, public hearing, 46 Mesa Drive.
2. Letter from Diversified Technology Consultants, dated November 2, 2011, Re: Review of Clifford Drive Estates – Mesa Drive, Application #1170.
3. Copy of “Construction Timing, Clifford Drive Estates, 46 Mesa Drive, Bethany, CT”, undated.
4. Letter from Derrylyn Gorski, First Selectwoman, dated November 3, 2011, Re: Requesting waiver of fees for 90 Pole Hill Road, Scout project/Daniel Wivagg.
5. Email from David Nafis to Isabel Kearns, IWEO, dated October 26, 2011, Re: 100 Miller Road, drainage.
6. Letter from Isabel Kearns, IWEO, to William Edwards of 61 Edwards Road, dated November 4, 2011, Re: Edwards Pond Dam #824 recommended maintenance work.
7. Letter from Isabel Kearns, IWEO, to Mr. Mrs. Roger Simon of 63 Downs Road, dated November 4, 2011, Re: West River Pond Dam #804 recommended maintenance work.
Present for this discussion were Roger and Mary Ellen Simon of 63 Downs Road. Mr. Simon stated the CT DEEP visited and inspected the dam on their property, which is done periodically. The Simon’s and the Commission received a letter from the CT DEEP, dated August 5, 2011, Re: A list of maintenance tasks for the dam at 63 Downs Road. The Commission recommended that the Simon’s submit an application over the winter to conduct these repairs so that the permit is in place when ready to do the work. The Simon’s also submitted a copy of the DEEP/Inland Water Resources Division Dam Inspection Checklist, dated June 29, 2011, and a copy of a letter from the Simon’s to the CT DEEP, dated October 24, 2011, Re: Response and photographs of West River Pond Dam #804.
8. Letter from Nafis & Young to Derrylyn Gorski, First Selectman, dated October 13, 2011, Re: Drainage Improvements, Clay Road, Anthony Court, Anella Drive and Francis Drive.
9. Letter from Quinnipiack Valley Health District dated October 31, 2011, Re: 18 Munson Road, commercial building addition with attached letter from QVHD dated July 21, 2011.
BILLS
1. It was moved by Sullivan and seconded by Hathaway to approve the payment of a bill for $95.00, dated October 24, 2011, from Anne Sohon for recording services for the public hearing (46 Mesa Drive).
Unanimous approval.
2. It was moved by Sullivan and seconded by Hathaway to approve the payment of a bill for $95.00, dated November 28, 2011, from Anne Sohon for recording services for the public hearing (46 Mesa Drive).
Unanimous approval.
3. It was moved by Sullivan and seconded by Hathaway to approve the payment of $762.90, for professional services rendered by Diversified Technology Consultants as shown on a bill dated October 14, 2011. (185 Beacon Road).
Unanimous approval.
4. It was moved by Hathaway and seconded by Sullivan to approve the payment of $751.30, for professional services rendered by Diversified Technology Consultants as shown on a bill dated November 10, 2011. (46 Mesa Drive).
Unanimous approval.
PUBLIC HEARING
· 46 Mesa Drive, Application #1170 submitted by James Woodward for a Five-lot Subdivision -
At 8:13 p.m., Chair Breslin called to order the public hearing continuation on the five-lot subdivision. Chair Breslin read the legal notice for the public hearing continuation.
Present to speak on behalf of this application was Attorney Paul Jessell of Watertown, Connecticut, Mr. Alan Shepard, P.E. of Nowakowski, O’Bymachow and Kane, Shelton, Connecticut, Mr. James McManus, Certified Soil Scientist of JMM Wetland Consulting Services, LLC and Mr. George Logan of Rema Ecological Services. All gentlemen were representing the applicant, Mr. James Woodward, who was also present.
Chair Breslin noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 2A – Letter from South Central Connecticut Regional Planning Commission dated October 14, 2011, Re: Comments on review of proposed subdivision application for 46 Mesa Drive.
Exhibit 2B – Copy of resume of Ethan A. Stewart, Environmental Scientist of Diversified Technology Consultants, Hamden, Connecticut.
Exhibit 2C – Letter from Diversified Technology Consultants, dated November 2, 2011, Re: Comments on review of Clifford Drive Estates – Mesa Drive, Application #1170, plans revised to July 11, 2011.
Exhibit 2D – Email from Connie LaFemina of 50 Mesa Drive to Isabel Kearns, IWEO, dated November 3, 2011, Re: Presentation at the October 24, 2011, public hearing, 46 Mesa Drive.
Exhibit 2E – Copy of “Construction Timing, Clifford Drive Estates, 46 Mesa Drive, Bethany, CT”, undated.
Exhibit 2F – Submitted by Attorney Jessell, Connecticut Appellate Decisions, 2010, Supreme Court case Wellswood Columbia v. Town of Hebron, CT, road denial.
Exhibit 2G – Submitted by Attorney Jessell, Connecticut Trial Court Official Decisions, 2010 Superior Court Case, Zappone v. Inland Wetlands Agency of the Town of Woodbury, CT, ability to use property that is vacant.
Exhibit 2H – Submitted by Attorney Jessell, Copy of Connecticut Statute, Title 22A. Environmental Protection, Chapter 440. Wetlands and Watercourses, Section 22a-36. Inland wetlands and watercourses. Legislative finding.
Exhibit 2”I” – Submitted by Attorney Jessell, Copy of Connecticut Statute, Title 22A. Environmental Protection, Chapter 440. Wetlands and Watercourses, Section 22a-42. Municipal regulation of wetlands and watercourses. Action by commissioner.
Exhibit 2J – Submitted by Attorney Jessell, Copy of Page 6 of the Town of Bethany Inland Wetlands and Watercourses Regulations, adopted October 26, 2009.
Exhibit 2K – Submitted by Attorney Jessell, Copy of Connecticut Appellate Decisions, 2003 Supreme Court Case, Tarullo v. Inland Wetlands and Watercourses Commission of the Town of Wolcott.
Exhibit 2L – Submitted by James McManus of JMM Wetland Consulting Services, dated November 28, 2011, Re: Response to Town Consultant’s Site Review Report, proposed Clifford Drive Estates, Bethany, CT.
Exhibit 2M – Submitted by James McManus, Professional Resumes for James McManus, George Logan and Sigrun Gadwa, Soil, Ecological and Wetland Consultants that worked on project.
Exhibit 2N – Submitted by George Logan of Rema Ecological Services, dated November 28, 2011, Report on proposed Clifford Drive Estates with respect to potential impacts upon regulated resources and a Connecticut-listed species.
Exhibit 2”O” – Submitted by George Logan, a pamphlet on Connecticut Turtles of Special Concern, dated June 2004.
Exhibit 2P – Submitted by Alan Shepard of NOK Land Surveying & Engineering, a letter dated November 28, 2011, Re: Response to letter from DTC dated November 2, 2011.
Exhibit 2Q – Submitted by Alan Shepard, a map entitled “Sketch Showing Detension Basin Details”, dated November 28, 2011, prepared by NOK Civil Engineers & Land Surveying, Shelton, CT.
Exhibit 2R – Set of plans prepared by Nowakowski, O’Bymachow, Kane & Associates, Shelton, Connecticut, entitled as follows:
1. “Record Subdivision Map prepared for Clifford Drive Estates, 46 Mesa Drive”, dated May 6, 2011, revised to November 28, 2011.
2. “Overall Site Plan (100 Scale) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
3. “Site Development Plan (1 of 2) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
4. “Site Development Plan (2 of 2) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
5. “Plan & Profile – Clifford Drive prepared for Clifford Drive Estates, 46 Mesa Drive” dated April 9, 2011, revised to November 28, 2011.
6. “Detention Basin Detail prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
7. “Construction Details prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
8. “Soil Test Data prepared for Clifford Drive Estates”, dated May 8, 2011, revised to November 28, 2011.
9. “Road Soil Erosion & Sedimentation Control Plan – Clifford Drive prepared for Clifford Drive Estates”, dated May 5, 2011, revised to November 28, 2011.
Attorney Jessell addressed the accessway to Mr. Woodward’s Beacon Falls property through Bethany and submitted and discussed Exhibits 2F, 2G, 2H, 2”I”, 2J, and 2K.
Also, Attorney Jessell entered into the hearing record the entire record of the previous approval Inland Wetlands Permit #1099 approved on August 18, 2008 for a Thirteen-Lot Subdivision located at 26 and 46 Mesa Drive.
Mr. McManus addressed the wetland crossing and submitted and discussed Exhibits 2L and 2M.
Mr. Logan addressed the box turtles and submitted and discussed Exhibits 2N and 2”O”.
Mr. Shepard submitted and discussed Exhibits 2P, 2Q and 2R.
The Commission would like more time to review the information received this evening and also to have their consultant review report by Mr. Logan dated November 28, 2011.
The Commission would like to revisit Lot #3 of the proposed subdivision.
Chair Breslin asked if there were any comments from the public. There were none.
Mr. Woodward submitted a Consent to Extension of Time for 35 days to continue the public hearing on the subject application.
At 10:03 p.m., Chair Breslin recessed the public hearing and continued it to the next regular meeting on Monday, December 19, 2011, in the Commission Meeting Room of the Bethany Town Hall. Tabled.
NEW BUSINESS
No new business.
OLD BUSINESS
1. 108 Miller Road (Lot #1), Application #1172 submitted by Christopher Stoyer for a Residential Site Development –
Present to speak on behalf of this application was Chris Stoyer, applicant and owner of record.
The Commission received a copy of an email from David Nafis to Isabel Kearns, IWEO, dated October 26, 2011, Re: 100 Miller Road, drainage.
The Commission conducted a site visit on November 11, 2011. The Commission discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Hathaway to approve Application #1172 submitted by Christopher Stoyer for an Inland Wetlands Permit for a residential site development located at 108 Miller Road (Lot #1) in accordance with the following submitted plans prepared by Kratzert, Jones & Associates, Inc., Milldale, Connecticut:
a) “Grading and Erosion Control Plan for Hopp Brook Resubdivision”, dated October 14, 2002 and March 1, 2003, revised to August 1, 2011, Drawing No. G-1.
b) “Proposed Improvement Location Map for Hopp Brook Resubdivision”, dated September 15, 2011, with no revisions, Drawing No. PL-1.
In addition, this permit is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
1) With the concession of the applicant, a stonewall will be erected at the limit of clearing line as shown on the plan and wetland restoration plantings will be planted on the slope down to the wetland line where the area has not been disturbed.
2) The placement of Wetland Conservation Area Signs at 25 feet to 50 feet intervals along the stonewall.
3) A bond, in an amount to be determined by the consulting engineer, to be submitted to insure the restoration plantings. A portion of the bond can be released after planting has been completed and a portion of the bond will be retained for a period of three years minimum to assure the plantings become effective.
4) The footing drain be pulled back above the stonewall and will drain to daylight to the stonewall to disperse downslope.
Based on site plan shown here and the corrective measures that will be taken to restore that wetland buffer area there should be minimal and no adverse impact on the wetlands.
Voting: Breslin, Sullivan, Hathaway.
Vote: 3 to 0.
Unanimous approval.
2. 90 Pole Hill Road, Application #1174 submitted by Daniel Wivagg for an IW Permit to locate 2 benches and 1 cubby –
Present to speak on behalf of this application was Daniel Wivagg, Eagle Scout, who is the applicant.
The Commission received a letter from Derrylyn Gorski, First Selectwoman, dated November 3, 2011, Re: Requesting waiver of fees for 90 Pole Hill Road, Scout project/Daniel Wivagg.
The Commission discussed and proceeded to deliberate.
It was moved by Hathaway and seconded by Sullivan that the Inland Wetlands Commission waive the fees for Application #1174 and approve Application #1174 submitted by Daniel Wivagg for an Inland Wetlands Permit to locate two benches and one cubby located at 90 Pole Hill Road as presented by the applicant and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.
The Commission’s decision was based on the fact if all activities are conducted in accordance with the plan there shall be no impact on the wetlands and watercourses.
Voting: Breslin, Sullivan, Hathaway.
Vote: 3 to 0.
Unanimous approval.
3. 74 Miller Road, Application #1175 submitted by Town of Bethany/Department of Public Works for an IW Permit for a culvert replacement –
No one was present to speak on behalf of this application. The Commission discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Hathaway to approve Application #1175 submitted by the Town of Bethany/Department of Public Works for an Inland Wetland Permit for a culvert replacement located at 74 Miller Road in accordance with the submitted plan entitled, “Miller Road Box Culvert Installation”, dated October 14, 2011, prepared by Mesa Excavation & Paving Inc., Bethany, CT and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.
Voting: Breslin, Sullivan, Hathaway.
Vote: 3 to 0.
Unanimous approval.
4. 12 Hopp Brook Road, Application #1176 submitted by Town of Bethany/Department of Public Works for an IW Permit for a culvert replacement –
No one was present to speak on behalf of this application. The Commission discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Hathaway to approve Application #1176 submitted by the Town of Bethany/Department of Public Works for an Inland Wetland Permit for a culvert replacement located at 12 Hopp Brook Road in accordance with the submitted plan entitled, “Hopp Brook Road Box Culvert Installation”, dated October 14, 2011, prepared by Mesa Excavation & Paving Inc., Bethany, CT and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.
Voting: Breslin, Sullivan, Hathaway.
Vote: 3 to 0.
Unanimous approval.
5. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT –
Commission to review and discuss at the next regular meeting scheduled on Monday, December 19, 2011. Tabled.
6. 46 Mesa Drive, James Woodward, Application #1170 for a Five-lot Subdivision –
Public hearing continued to the next regular meeting scheduled on December 19, 2011. Tabled.
SCHEDULE SITE INSPECTION DATES
The Commission scheduled a site visit for Saturday, December 10, 2011. Commission members to meet at Town Hall parking lot at 8:30 a.m. Sites to visit are Clay Road, Anthony Court, Anella Drive and Francis Drive; 46 Mesa Drive (Lot #3); and 667 Amity Road.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Sullivan and seconded by Hathaway to adjourn the regular meeting at 10:27 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Inland Wetlands Commission
The regular meeting of the Inland Wetlands Commission was called to order at 7:37 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following members of the Commission were present:
Alexandra Breslin, Chair
Kristine Sullivan, Vice-Chair
Roger Hathaway, Member
The following members of the Commission were excused or absent:
Brian Smith, Member
Lisa Gaw, Member
Also present was:
Karen Hubbell, Assistant Inland Wetlands Enforcement Officer
It was moved by Sullivan and seconded by Hathaway to add Application #1177 and Application #1178 to the agenda for formal receipt. Unanimous approval.
A. 667 Amity Road, Application #1177 submitted by Eric Soltis for an IW Permit to construct a “Haunted Attraction” –
The Commission formally received the application. Present to speak on behalf of this application was Eric Soltis, Applicant.
Mr. Soltis briefly presented the proposal for a Halloween attraction for next year (2012). Mr. Soltis stated there will be no clear cutting.
Karen Hubbell, Assistant IWEO, reported that there is a runoff settling swale on the property near the proposed parking area.
The Commission would like to schedule a site visit and have Mr. Soltis stack out where the swale is located.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, December 19, 2011. Tabled.
B. Francis Drive, Anella Drive and Clay Road, Application #1178 submitted by the Town of Bethany/Department of Public Works for an IW Permit for drainage improvements –
The Commission formally received the application. Present to speak on behalf of this application was Alan Green, Public Works Director.
The Commission received a letter dated October 13, 2011, from Nafis & Young, Re: Drainage Improvements, Clay Road, Anthony Court, Anella Drive and Francis Drive.
Mr. Green briefly reviewed the proposed drainage improvements.
The Commission would like to schedule a site visit with Nafis and Young and obtain a plan outlining the proposed drainage.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, December 19, 2011. Tabled.
APPROVAL OF MINUTES
The minutes were deferred to the next regular meeting scheduled for Monday, December 19, 2011.
GENERAL CORRESPONDENCE
1. Email from Connie LaFemina of 50 Mesa Drive to Isabel Kearns, IWEO, dated November 3, 2011, Re: Presentation at the October 24, 2011, public hearing, 46 Mesa Drive.
2. Letter from Diversified Technology Consultants, dated November 2, 2011, Re: Review of Clifford Drive Estates – Mesa Drive, Application #1170.
3. Copy of “Construction Timing, Clifford Drive Estates, 46 Mesa Drive, Bethany, CT”, undated.
4. Letter from Derrylyn Gorski, First Selectwoman, dated November 3, 2011, Re: Requesting waiver of fees for 90 Pole Hill Road, Scout project/Daniel Wivagg.
5. Email from David Nafis to Isabel Kearns, IWEO, dated October 26, 2011, Re: 100 Miller Road, drainage.
6. Letter from Isabel Kearns, IWEO, to William Edwards of 61 Edwards Road, dated November 4, 2011, Re: Edwards Pond Dam #824 recommended maintenance work.
7. Letter from Isabel Kearns, IWEO, to Mr. Mrs. Roger Simon of 63 Downs Road, dated November 4, 2011, Re: West River Pond Dam #804 recommended maintenance work.
Present for this discussion were Roger and Mary Ellen Simon of 63 Downs Road. Mr. Simon stated the CT DEEP visited and inspected the dam on their property, which is done periodically. The Simon’s and the Commission received a letter from the CT DEEP, dated August 5, 2011, Re: A list of maintenance tasks for the dam at 63 Downs Road. The Commission recommended that the Simon’s submit an application over the winter to conduct these repairs so that the permit is in place when ready to do the work. The Simon’s also submitted a copy of the DEEP/Inland Water Resources Division Dam Inspection Checklist, dated June 29, 2011, and a copy of a letter from the Simon’s to the CT DEEP, dated October 24, 2011, Re: Response and photographs of West River Pond Dam #804.
8. Letter from Nafis & Young to Derrylyn Gorski, First Selectman, dated October 13, 2011, Re: Drainage Improvements, Clay Road, Anthony Court, Anella Drive and Francis Drive.
9. Letter from Quinnipiack Valley Health District dated October 31, 2011, Re: 18 Munson Road, commercial building addition with attached letter from QVHD dated July 21, 2011.
BILLS
1. It was moved by Sullivan and seconded by Hathaway to approve the payment of a bill for $95.00, dated October 24, 2011, from Anne Sohon for recording services for the public hearing (46 Mesa Drive).
Unanimous approval.
2. It was moved by Sullivan and seconded by Hathaway to approve the payment of a bill for $95.00, dated November 28, 2011, from Anne Sohon for recording services for the public hearing (46 Mesa Drive).
Unanimous approval.
3. It was moved by Sullivan and seconded by Hathaway to approve the payment of $762.90, for professional services rendered by Diversified Technology Consultants as shown on a bill dated October 14, 2011. (185 Beacon Road).
Unanimous approval.
4. It was moved by Hathaway and seconded by Sullivan to approve the payment of $751.30, for professional services rendered by Diversified Technology Consultants as shown on a bill dated November 10, 2011. (46 Mesa Drive).
Unanimous approval.
PUBLIC HEARING
· 46 Mesa Drive, Application #1170 submitted by James Woodward for a Five-lot Subdivision -
At 8:13 p.m., Chair Breslin called to order the public hearing continuation on the five-lot subdivision. Chair Breslin read the legal notice for the public hearing continuation.
Present to speak on behalf of this application was Attorney Paul Jessell of Watertown, Connecticut, Mr. Alan Shepard, P.E. of Nowakowski, O’Bymachow and Kane, Shelton, Connecticut, Mr. James McManus, Certified Soil Scientist of JMM Wetland Consulting Services, LLC and Mr. George Logan of Rema Ecological Services. All gentlemen were representing the applicant, Mr. James Woodward, who was also present.
Chair Breslin noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 2A – Letter from South Central Connecticut Regional Planning Commission dated October 14, 2011, Re: Comments on review of proposed subdivision application for 46 Mesa Drive.
Exhibit 2B – Copy of resume of Ethan A. Stewart, Environmental Scientist of Diversified Technology Consultants, Hamden, Connecticut.
Exhibit 2C – Letter from Diversified Technology Consultants, dated November 2, 2011, Re: Comments on review of Clifford Drive Estates – Mesa Drive, Application #1170, plans revised to July 11, 2011.
Exhibit 2D – Email from Connie LaFemina of 50 Mesa Drive to Isabel Kearns, IWEO, dated November 3, 2011, Re: Presentation at the October 24, 2011, public hearing, 46 Mesa Drive.
Exhibit 2E – Copy of “Construction Timing, Clifford Drive Estates, 46 Mesa Drive, Bethany, CT”, undated.
Exhibit 2F – Submitted by Attorney Jessell, Connecticut Appellate Decisions, 2010, Supreme Court case Wellswood Columbia v. Town of Hebron, CT, road denial.
Exhibit 2G – Submitted by Attorney Jessell, Connecticut Trial Court Official Decisions, 2010 Superior Court Case, Zappone v. Inland Wetlands Agency of the Town of Woodbury, CT, ability to use property that is vacant.
Exhibit 2H – Submitted by Attorney Jessell, Copy of Connecticut Statute, Title 22A. Environmental Protection, Chapter 440. Wetlands and Watercourses, Section 22a-36. Inland wetlands and watercourses. Legislative finding.
Exhibit 2”I” – Submitted by Attorney Jessell, Copy of Connecticut Statute, Title 22A. Environmental Protection, Chapter 440. Wetlands and Watercourses, Section 22a-42. Municipal regulation of wetlands and watercourses. Action by commissioner.
Exhibit 2J – Submitted by Attorney Jessell, Copy of Page 6 of the Town of Bethany Inland Wetlands and Watercourses Regulations, adopted October 26, 2009.
Exhibit 2K – Submitted by Attorney Jessell, Copy of Connecticut Appellate Decisions, 2003 Supreme Court Case, Tarullo v. Inland Wetlands and Watercourses Commission of the Town of Wolcott.
Exhibit 2L – Submitted by James McManus of JMM Wetland Consulting Services, dated November 28, 2011, Re: Response to Town Consultant’s Site Review Report, proposed Clifford Drive Estates, Bethany, CT.
Exhibit 2M – Submitted by James McManus, Professional Resumes for James McManus, George Logan and Sigrun Gadwa, Soil, Ecological and Wetland Consultants that worked on project.
Exhibit 2N – Submitted by George Logan of Rema Ecological Services, dated November 28, 2011, Report on proposed Clifford Drive Estates with respect to potential impacts upon regulated resources and a Connecticut-listed species.
Exhibit 2”O” – Submitted by George Logan, a pamphlet on Connecticut Turtles of Special Concern, dated June 2004.
Exhibit 2P – Submitted by Alan Shepard of NOK Land Surveying & Engineering, a letter dated November 28, 2011, Re: Response to letter from DTC dated November 2, 2011.
Exhibit 2Q – Submitted by Alan Shepard, a map entitled “Sketch Showing Detension Basin Details”, dated November 28, 2011, prepared by NOK Civil Engineers & Land Surveying, Shelton, CT.
Exhibit 2R – Set of plans prepared by Nowakowski, O’Bymachow, Kane & Associates, Shelton, Connecticut, entitled as follows:
1. “Record Subdivision Map prepared for Clifford Drive Estates, 46 Mesa Drive”, dated May 6, 2011, revised to November 28, 2011.
2. “Overall Site Plan (100 Scale) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
3. “Site Development Plan (1 of 2) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
4. “Site Development Plan (2 of 2) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
5. “Plan & Profile – Clifford Drive prepared for Clifford Drive Estates, 46 Mesa Drive” dated April 9, 2011, revised to November 28, 2011.
6. “Detention Basin Detail prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
7. “Construction Details prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
8. “Soil Test Data prepared for Clifford Drive Estates”, dated May 8, 2011, revised to November 28, 2011.
9. “Road Soil Erosion & Sedimentation Control Plan – Clifford Drive prepared for Clifford Drive Estates”, dated May 5, 2011, revised to November 28, 2011.
Attorney Jessell addressed the accessway to Mr. Woodward’s Beacon Falls property through Bethany and submitted and discussed Exhibits 2F, 2G, 2H, 2”I”, 2J, and 2K.
Also, Attorney Jessell entered into the hearing record the entire record of the previous approval Inland Wetlands Permit #1099 approved on August 18, 2008 for a Thirteen-Lot Subdivision located at 26 and 46 Mesa Drive.
Mr. McManus addressed the wetland crossing and submitted and discussed Exhibits 2L and 2M.
Mr. Logan addressed the box turtles and submitted and discussed Exhibits 2N and 2”O”.
Mr. Shepard submitted and discussed Exhibits 2P, 2Q and 2R.
The Commission would like more time to review the information received this evening and also to have their consultant review report by Mr. Logan dated November 28, 2011.
The Commission would like to revisit Lot #3 of the proposed subdivision.
Chair Breslin asked if there were any comments from the public. There were none.
Mr. Woodward submitted a Consent to Extension of Time for 35 days to continue the public hearing on the subject application.
At 10:03 p.m., Chair Breslin recessed the public hearing and continued it to the next regular meeting on Monday, December 19, 2011, in the Commission Meeting Room of the Bethany Town Hall. Tabled.
NEW BUSINESS
No new business.
OLD BUSINESS
1. 108 Miller Road (Lot #1), Application #1172 submitted by Christopher Stoyer for a Residential Site Development –
Present to speak on behalf of this application was Chris Stoyer, applicant and owner of record.
The Commission received a copy of an email from David Nafis to Isabel Kearns, IWEO, dated October 26, 2011, Re: 100 Miller Road, drainage.
The Commission conducted a site visit on November 11, 2011. The Commission discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Hathaway to approve Application #1172 submitted by Christopher Stoyer for an Inland Wetlands Permit for a residential site development located at 108 Miller Road (Lot #1) in accordance with the following submitted plans prepared by Kratzert, Jones & Associates, Inc., Milldale, Connecticut:
a) “Grading and Erosion Control Plan for Hopp Brook Resubdivision”, dated October 14, 2002 and March 1, 2003, revised to August 1, 2011, Drawing No. G-1.
b) “Proposed Improvement Location Map for Hopp Brook Resubdivision”, dated September 15, 2011, with no revisions, Drawing No. PL-1.
In addition, this permit is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
1) With the concession of the applicant, a stonewall will be erected at the limit of clearing line as shown on the plan and wetland restoration plantings will be planted on the slope down to the wetland line where the area has not been disturbed.
2) The placement of Wetland Conservation Area Signs at 25 feet to 50 feet intervals along the stonewall.
3) A bond, in an amount to be determined by the consulting engineer, to be submitted to insure the restoration plantings. A portion of the bond can be released after planting has been completed and a portion of the bond will be retained for a period of three years minimum to assure the plantings become effective.
4) The footing drain be pulled back above the stonewall and will drain to daylight to the stonewall to disperse downslope.
Based on site plan shown here and the corrective measures that will be taken to restore that wetland buffer area there should be minimal and no adverse impact on the wetlands.
Voting: Breslin, Sullivan, Hathaway.
Vote: 3 to 0.
Unanimous approval.
2. 90 Pole Hill Road, Application #1174 submitted by Daniel Wivagg for an IW Permit to locate 2 benches and 1 cubby –
Present to speak on behalf of this application was Daniel Wivagg, Eagle Scout, who is the applicant.
The Commission received a letter from Derrylyn Gorski, First Selectwoman, dated November 3, 2011, Re: Requesting waiver of fees for 90 Pole Hill Road, Scout project/Daniel Wivagg.
The Commission discussed and proceeded to deliberate.
It was moved by Hathaway and seconded by Sullivan that the Inland Wetlands Commission waive the fees for Application #1174 and approve Application #1174 submitted by Daniel Wivagg for an Inland Wetlands Permit to locate two benches and one cubby located at 90 Pole Hill Road as presented by the applicant and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.
The Commission’s decision was based on the fact if all activities are conducted in accordance with the plan there shall be no impact on the wetlands and watercourses.
Voting: Breslin, Sullivan, Hathaway.
Vote: 3 to 0.
Unanimous approval.
3. 74 Miller Road, Application #1175 submitted by Town of Bethany/Department of Public Works for an IW Permit for a culvert replacement –
No one was present to speak on behalf of this application. The Commission discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Hathaway to approve Application #1175 submitted by the Town of Bethany/Department of Public Works for an Inland Wetland Permit for a culvert replacement located at 74 Miller Road in accordance with the submitted plan entitled, “Miller Road Box Culvert Installation”, dated October 14, 2011, prepared by Mesa Excavation & Paving Inc., Bethany, CT and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.
Voting: Breslin, Sullivan, Hathaway.
Vote: 3 to 0.
Unanimous approval.
4. 12 Hopp Brook Road, Application #1176 submitted by Town of Bethany/Department of Public Works for an IW Permit for a culvert replacement –
No one was present to speak on behalf of this application. The Commission discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Hathaway to approve Application #1176 submitted by the Town of Bethany/Department of Public Works for an Inland Wetland Permit for a culvert replacement located at 12 Hopp Brook Road in accordance with the submitted plan entitled, “Hopp Brook Road Box Culvert Installation”, dated October 14, 2011, prepared by Mesa Excavation & Paving Inc., Bethany, CT and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.
Voting: Breslin, Sullivan, Hathaway.
Vote: 3 to 0.
Unanimous approval.
5. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT –
Commission to review and discuss at the next regular meeting scheduled on Monday, December 19, 2011. Tabled.
6. 46 Mesa Drive, James Woodward, Application #1170 for a Five-lot Subdivision –
Public hearing continued to the next regular meeting scheduled on December 19, 2011. Tabled.
SCHEDULE SITE INSPECTION DATES
The Commission scheduled a site visit for Saturday, December 10, 2011. Commission members to meet at Town Hall parking lot at 8:30 a.m. Sites to visit are Clay Road, Anthony Court, Anella Drive and Francis Drive; 46 Mesa Drive (Lot #3); and 667 Amity Road.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Sullivan and seconded by Hathaway to adjourn the regular meeting at 10:27 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Inland Wetlands Commission
Wednesday, November 23, 2011
MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR
MEETING OF MONDAY, NOVEMBER 14, 2011 Page 1 of 4
The regular meeting of the Zoning Board of Appeals was called to order at 7:02 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
Walter Briggs, Member
Lisa Gaw, Alternate Member
Margaret Foley, Alternate Member
The following Board Member was absent or excused:
Frances Doba, Alternate Member
Also present was:
Isabel Kearns, Zoning Enforcement Officer
It was moved by Beardsley and seconded by Gugliotti to add to the agenda the review and approval of the minutes of the May 9, 2011, Regular Meeting. Unanimous approval.
MINUTES
It was moved by Beardsley and seconded by Gugliotti to approve, as submitted, the minutes of the May 9, 2011, Regular Meeting.
Voting for: Beardsley, Gugliotti, Massey.
Abstained: Goldberg, Briggs
Unanimous approval.
It was moved by Gugliotti and seconded by Briggs to approve, as submitted, the minutes of the September 12, 2011, Regular Meeting.
Voting for: Goldberg, Beardsley Massey, Gugliotti, Briggs.
Unanimous approval.
BILL
It was moved by Beardsley and seconded by Gugliotti to approve the payment of a bill for $95.00, dated November 14, 2011, from Anne Sohon for recording services for the public hearing (797 Amity Road).
Unanimous approval.
PUBLIC HEARING – 797 AMITY ROAD
Chair Goldberg opened the public hearing for 797 Amity Road at 7:06 p.m.
Chair Goldberg read the notice of the public hearing for the application submitted by Thomas Shaw for a certificate of approval for a motor vehicle dealer for property located at 797 Amity Road.
Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.
Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
1) Exhibit 1A – Copy of Application for Automobile Repairer to State of Connecticut dated February 13, 2003, with attached approval from the Zoning Board of Appeals dated February 12, 2003, with attached letters from The Connecticut Water Company, dated February 5, 2003 and November 14, 2002, and attached letter from TRCK Properties to Bethany Zoning Board of Appeals, dated January 15, 2003, Re: TRCK Properties giving permission to Shaw’s Diesel for full use of 797 Amity Road.
2) Exhibit 1B - Letter from South Central Connecticut Regional Water Authority, dated November 10, 2011, Re: Review of application for 797 Amity Road, motor vehicle activities.
3) Exhibit 1C – Copy of Minutes of the Bethany Zoning Board of Appeals Special Meeting of Wednesday, February 12, 2003.
4) Exhibit 1D – “Certificate of Mailing” dated October 22, 2011, listing addresses of the surrounding property owners within 100 feet of the property that were notified of this application with attached sales receipt dated October 22, 2011, 6 Green Domestic Return Receipt cards, 6 U.S. Postal Service Certified Mail Receipt white and green slips and a copy of a letter, dated October 17, 2011, that was sent to addresses listed on the “Certificate of Mailing”.
5) Exhibit 1E - “Certificate of Mailing” dated October 29, 2011, listing addresses of the surrounding property owners within 100 feet of the property that were notified of this application with attached sales receipt dated October 29, 2011, 3 Green Domestic Return Receipt cards, 6 U.S. Postal Service Certified Mail Receipt white and green slips and a copy of a letter, dated October 17, 2011, that was sent to addresses listed on the “Certificate of Mailing”.
Present to speak on behalf of the application was Thomas Shaw, owner of Shaw’s Diesel and Tri-Valley Equipment. Mr. Shaw noted the following:
Shaw’s Diesel will be merging with Tri-Valley Equipment and he will be operating under Tri-Valley Equipment.
There is an approval from the Zoning Board of Appeals for a Motor Vehicle Repairer (Exhibit 1A).
Would like to sell chippers, generators, and grinders with a small inventory on site.
The only change to the business will be the sale of equipment.
All equipment will be kept behind fencing.
In discussion, Board members noted:
Shaw’s Diesel sold screeners, tractors, non-motor vehicles.
Tri-Valley Equipment will operate under dealer/repairer.
Will be selling to the public.
Will have a small inventory.
Equipment will be kept behind fencing.
Chair Goldberg asked if there were any public members who would like to speak. The following public members spoke:
Joseph McMahon of 814 Amity Road – Mr. McMahon expressed his concern about the sale of motor vehicles.
Armand Rivellini of 806 Amity Road – Mr. Rivellini expressed his concern about the maintaining of the property, clear cutting and stockpiling.
Susan Bradford of 825 Amity Road – Ms. Bradford expressed her concern with the impact to the site with this proposed change. Also, she mentioned keeping the tree buffers, lighting and storage and disposal of fluids.
There being no further discussion, at 7:45 p.m. Chair Goldberg closed the public hearing on the subject application.
DELIBERATION AND DECISION MAKING SESSION
Board members further discussed the application and proceeded to deliberate.
797 Amity Road –
It was moved by Beardsley and seconded by Gugliotti that the Zoning Board of Appeals approves the application of Thomas P. Shaw for the property located at 797 Amity Road as shown on Assessor’s Map #116, Lot #27F for location approval for a motor vehicle dealer.
Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings having given due consideration to the proposed location of the proposed business in reference to schools churches, theaters, traffic conditions, width of highway, and effect on public travel and the following:
The record supports issuing the Certificate of Location approval.
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) There shall be a privacy fence and the fence shall be maintained.
b) Any and all equipment shall be displayed and stored behind the privacy fence and also displayed in the showroom inside the building.
c) There shall NOT be any sale of “trucks” or “passenger motor vehicles” or “passenger and commercial motor vehicles” or “commercial motor vehicles” as defined in Connecticut General Statute Section #14-1.
Vote 5 to 0.
Voting for: Goldberg, Beardsley, Gugliotti, Massey, Briggs.
Unanimous approval.
ADJOURNMENT
It was moved by Gugliotti and seconded by Briggs to adjourn the regular meeting at 8:15 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
MEETING OF MONDAY, NOVEMBER 14, 2011 Page 1 of 4
The regular meeting of the Zoning Board of Appeals was called to order at 7:02 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
Walter Briggs, Member
Lisa Gaw, Alternate Member
Margaret Foley, Alternate Member
The following Board Member was absent or excused:
Frances Doba, Alternate Member
Also present was:
Isabel Kearns, Zoning Enforcement Officer
It was moved by Beardsley and seconded by Gugliotti to add to the agenda the review and approval of the minutes of the May 9, 2011, Regular Meeting. Unanimous approval.
MINUTES
It was moved by Beardsley and seconded by Gugliotti to approve, as submitted, the minutes of the May 9, 2011, Regular Meeting.
Voting for: Beardsley, Gugliotti, Massey.
Abstained: Goldberg, Briggs
Unanimous approval.
It was moved by Gugliotti and seconded by Briggs to approve, as submitted, the minutes of the September 12, 2011, Regular Meeting.
Voting for: Goldberg, Beardsley Massey, Gugliotti, Briggs.
Unanimous approval.
BILL
It was moved by Beardsley and seconded by Gugliotti to approve the payment of a bill for $95.00, dated November 14, 2011, from Anne Sohon for recording services for the public hearing (797 Amity Road).
Unanimous approval.
PUBLIC HEARING – 797 AMITY ROAD
Chair Goldberg opened the public hearing for 797 Amity Road at 7:06 p.m.
Chair Goldberg read the notice of the public hearing for the application submitted by Thomas Shaw for a certificate of approval for a motor vehicle dealer for property located at 797 Amity Road.
Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.
Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
1) Exhibit 1A – Copy of Application for Automobile Repairer to State of Connecticut dated February 13, 2003, with attached approval from the Zoning Board of Appeals dated February 12, 2003, with attached letters from The Connecticut Water Company, dated February 5, 2003 and November 14, 2002, and attached letter from TRCK Properties to Bethany Zoning Board of Appeals, dated January 15, 2003, Re: TRCK Properties giving permission to Shaw’s Diesel for full use of 797 Amity Road.
2) Exhibit 1B - Letter from South Central Connecticut Regional Water Authority, dated November 10, 2011, Re: Review of application for 797 Amity Road, motor vehicle activities.
3) Exhibit 1C – Copy of Minutes of the Bethany Zoning Board of Appeals Special Meeting of Wednesday, February 12, 2003.
4) Exhibit 1D – “Certificate of Mailing” dated October 22, 2011, listing addresses of the surrounding property owners within 100 feet of the property that were notified of this application with attached sales receipt dated October 22, 2011, 6 Green Domestic Return Receipt cards, 6 U.S. Postal Service Certified Mail Receipt white and green slips and a copy of a letter, dated October 17, 2011, that was sent to addresses listed on the “Certificate of Mailing”.
5) Exhibit 1E - “Certificate of Mailing” dated October 29, 2011, listing addresses of the surrounding property owners within 100 feet of the property that were notified of this application with attached sales receipt dated October 29, 2011, 3 Green Domestic Return Receipt cards, 6 U.S. Postal Service Certified Mail Receipt white and green slips and a copy of a letter, dated October 17, 2011, that was sent to addresses listed on the “Certificate of Mailing”.
Present to speak on behalf of the application was Thomas Shaw, owner of Shaw’s Diesel and Tri-Valley Equipment. Mr. Shaw noted the following:
Shaw’s Diesel will be merging with Tri-Valley Equipment and he will be operating under Tri-Valley Equipment.
There is an approval from the Zoning Board of Appeals for a Motor Vehicle Repairer (Exhibit 1A).
Would like to sell chippers, generators, and grinders with a small inventory on site.
The only change to the business will be the sale of equipment.
All equipment will be kept behind fencing.
In discussion, Board members noted:
Shaw’s Diesel sold screeners, tractors, non-motor vehicles.
Tri-Valley Equipment will operate under dealer/repairer.
Will be selling to the public.
Will have a small inventory.
Equipment will be kept behind fencing.
Chair Goldberg asked if there were any public members who would like to speak. The following public members spoke:
Joseph McMahon of 814 Amity Road – Mr. McMahon expressed his concern about the sale of motor vehicles.
Armand Rivellini of 806 Amity Road – Mr. Rivellini expressed his concern about the maintaining of the property, clear cutting and stockpiling.
Susan Bradford of 825 Amity Road – Ms. Bradford expressed her concern with the impact to the site with this proposed change. Also, she mentioned keeping the tree buffers, lighting and storage and disposal of fluids.
There being no further discussion, at 7:45 p.m. Chair Goldberg closed the public hearing on the subject application.
DELIBERATION AND DECISION MAKING SESSION
Board members further discussed the application and proceeded to deliberate.
797 Amity Road –
It was moved by Beardsley and seconded by Gugliotti that the Zoning Board of Appeals approves the application of Thomas P. Shaw for the property located at 797 Amity Road as shown on Assessor’s Map #116, Lot #27F for location approval for a motor vehicle dealer.
Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings having given due consideration to the proposed location of the proposed business in reference to schools churches, theaters, traffic conditions, width of highway, and effect on public travel and the following:
The record supports issuing the Certificate of Location approval.
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) There shall be a privacy fence and the fence shall be maintained.
b) Any and all equipment shall be displayed and stored behind the privacy fence and also displayed in the showroom inside the building.
c) There shall NOT be any sale of “trucks” or “passenger motor vehicles” or “passenger and commercial motor vehicles” or “commercial motor vehicles” as defined in Connecticut General Statute Section #14-1.
Vote 5 to 0.
Voting for: Goldberg, Beardsley, Gugliotti, Massey, Briggs.
Unanimous approval.
ADJOURNMENT
It was moved by Gugliotti and seconded by Briggs to adjourn the regular meeting at 8:15 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
Monday, November 21, 2011
MINUTES OF THE SPECIAL MEETING/SITE VISIT OF THE BETHANY INLAND WETLANDS COMMISSION ON SATURDAY, OCTOBER 22, 2011 Page 1 of 1
Attending: Sandy Breslin, Kris Sullivan, Lisa Gaw and Roger Hathaway.
The meeting convened at 8:10 a.m. from the Town Hall.
Sites visited:
Property located at 108 Schaffer Road pertaining to Application #1171 submitted by Wyatt Crotta for a Site Plan Approval to relocate house. Also present at this location was Wyatt Crotta.
Property located at 108 Miller Road – Lot #1 pertaining to Application #1172 submitted by Chris Stoyer for a residential site development.
Property located at 46 Mesa Drive pertaining to Application #1170 submitted by James Woodward for a Five-Lot Subdivision. Also present at this location was James Woodward, Attorney Paul Jessell and Connie LaFemina of 50 Mesa Drive.
The meeting ended at 11:10 a.m.
Respectfully submitted,
Antonia Marek, Clerk
For the Inland Wetlands Commission
Attending: Sandy Breslin, Kris Sullivan, Lisa Gaw and Roger Hathaway.
The meeting convened at 8:10 a.m. from the Town Hall.
Sites visited:
Property located at 108 Schaffer Road pertaining to Application #1171 submitted by Wyatt Crotta for a Site Plan Approval to relocate house. Also present at this location was Wyatt Crotta.
Property located at 108 Miller Road – Lot #1 pertaining to Application #1172 submitted by Chris Stoyer for a residential site development.
Property located at 46 Mesa Drive pertaining to Application #1170 submitted by James Woodward for a Five-Lot Subdivision. Also present at this location was James Woodward, Attorney Paul Jessell and Connie LaFemina of 50 Mesa Drive.
The meeting ended at 11:10 a.m.
Respectfully submitted,
Antonia Marek, Clerk
For the Inland Wetlands Commission
Tuesday, November 15, 2011
BOARD OF SELECTMEN
NOVEMBER 14, 2011
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Kathleen Schurman
First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:40 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was the signing of accounts payable checks. First Selectwoman Gorski asked all in attendance to stand 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 25, 2011. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. There were no changes to the minutes. The minutes were approved on a unanimous vote.
TAX REFUNDS
A motion was moved by Selectman Shea and seconded by First Selectwoman Gorski to refund to Cab East the sum of $181.27 and to Chase Auto the sum of $272.10 for a total of $453.37, all for overpayment of taxes. The vote taken was unanimous.
USED EQUIPMENT BID
First Selectwoman Gorski presented the legal to the Board of Selectmen for the sale of
Used Equipment as advertised in the New Haven Register. The bids were then opened. Two bids were received. The bids were as follows:
DiGennaro Service, LLC
1991 Ford L8000 with all season body and 11’ plow $2107.00
1994 Ford L8000 with 11’ plow $2208.00
Devino Trucks & Parts
1991 Ford L8000 with all season body and 11’ plow $1,188.00
1994 Ford L8000 with 11’ plow $1,888.00
Following discussion Selectman Shea moved to award the bid to DiGennaro Service, LLC. Selectman Thornquist seconded the motion. The vote taken was unanimous.
BONDING UPDATE
First Selectwoman Gorski gave an update on the progress for the bonding. There should be a closing in mid December. The notes will be rolled into the one issue for a total of $2,085,000.
STORM UPDATE
During the week that followed the storm Alan Green, First Selectwoman Gorski and Rod White were in conference calls with Governor Malloy and the State Emergency Center daily. The town had a liaison at the Bethany EOC Center from Yankee Gas who helped coordinate the cleanup efforts and get power restored. The power crews were fed by volunteers at the Fire House.
AUDIT
The auditors are still working on the audit. It appears that the year 2010-11 will end with a slight surplus.
ADDITIONS TO THE AGENDA
Selectman Shea moved a motion to add Tax Incentive and Appointments to Boards and Commissions to the agenda of this meeting. Selectman Thornquist seconded the motion. The vote taken was unanimous.
APPOINTMENT TO THE PARK AND RECREATION COMMISSION
A motion was moved by Selectman Shea and seconded by Selectman Thornquist to appoint David Catalina to the Park and Recreation Commission. The vote was called. The vote taken was unanimous.
TAX INCENTIVE PROGRAM
The Board of Selectmen acknowledges receipt of an application from EMG Properties for the Tax Incentive program. The Board of Selectmen now referring the application to the Board of Finance for their review and approval.
CORRESPONDENCE
Correspondence was received from Walter Briggs expressing his and the Republican Town Committee’s displeasure for the double booking of the Town Hall on the day before the Republican breakfast.
OTHER MATTERS PROPER TO COME BEFORE THE MEETING
Selectman Shea questioned why the flag in front of Town Hall was not up for Veterans Day. First Selectwoman Gorski explained that the tree near the flag needed trimming, and had caused the flag to become tattered. It was taken down and at that time it was discovered that the pulley also needed repair. Since the Highway Department has been busy with storm damage they have not had a chance to fix it. A new flag has been purchased and will be up again when the pulley has been repaired.
ADJOURNMENT
Adjournment was called at 8:15 p.m. after a motion was moved by Selectman Shea and seconded by Selectman Thornquist. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
NOVEMBER 14, 2011
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Kathleen Schurman
First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:40 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was the signing of accounts payable checks. First Selectwoman Gorski asked all in attendance to stand 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 25, 2011. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. There were no changes to the minutes. The minutes were approved on a unanimous vote.
TAX REFUNDS
A motion was moved by Selectman Shea and seconded by First Selectwoman Gorski to refund to Cab East the sum of $181.27 and to Chase Auto the sum of $272.10 for a total of $453.37, all for overpayment of taxes. The vote taken was unanimous.
USED EQUIPMENT BID
First Selectwoman Gorski presented the legal to the Board of Selectmen for the sale of
Used Equipment as advertised in the New Haven Register. The bids were then opened. Two bids were received. The bids were as follows:
DiGennaro Service, LLC
1991 Ford L8000 with all season body and 11’ plow $2107.00
1994 Ford L8000 with 11’ plow $2208.00
Devino Trucks & Parts
1991 Ford L8000 with all season body and 11’ plow $1,188.00
1994 Ford L8000 with 11’ plow $1,888.00
Following discussion Selectman Shea moved to award the bid to DiGennaro Service, LLC. Selectman Thornquist seconded the motion. The vote taken was unanimous.
BONDING UPDATE
First Selectwoman Gorski gave an update on the progress for the bonding. There should be a closing in mid December. The notes will be rolled into the one issue for a total of $2,085,000.
STORM UPDATE
During the week that followed the storm Alan Green, First Selectwoman Gorski and Rod White were in conference calls with Governor Malloy and the State Emergency Center daily. The town had a liaison at the Bethany EOC Center from Yankee Gas who helped coordinate the cleanup efforts and get power restored. The power crews were fed by volunteers at the Fire House.
AUDIT
The auditors are still working on the audit. It appears that the year 2010-11 will end with a slight surplus.
ADDITIONS TO THE AGENDA
Selectman Shea moved a motion to add Tax Incentive and Appointments to Boards and Commissions to the agenda of this meeting. Selectman Thornquist seconded the motion. The vote taken was unanimous.
APPOINTMENT TO THE PARK AND RECREATION COMMISSION
A motion was moved by Selectman Shea and seconded by Selectman Thornquist to appoint David Catalina to the Park and Recreation Commission. The vote was called. The vote taken was unanimous.
TAX INCENTIVE PROGRAM
The Board of Selectmen acknowledges receipt of an application from EMG Properties for the Tax Incentive program. The Board of Selectmen now referring the application to the Board of Finance for their review and approval.
CORRESPONDENCE
Correspondence was received from Walter Briggs expressing his and the Republican Town Committee’s displeasure for the double booking of the Town Hall on the day before the Republican breakfast.
OTHER MATTERS PROPER TO COME BEFORE THE MEETING
Selectman Shea questioned why the flag in front of Town Hall was not up for Veterans Day. First Selectwoman Gorski explained that the tree near the flag needed trimming, and had caused the flag to become tattered. It was taken down and at that time it was discovered that the pulley also needed repair. Since the Highway Department has been busy with storm damage they have not had a chance to fix it. A new flag has been purchased and will be up again when the pulley has been repaired.
ADJOURNMENT
Adjournment was called at 8:15 p.m. after a motion was moved by Selectman Shea and seconded by Selectman Thornquist. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
BOARD OF FINANCE
NOVEMBER 8, 2011
Page 1 of 2
Attendance: Chairman Janet Brunwin, Robert Brinton Jr., Sally Huyser, John Grabowski, Aileen Magda
Visitors: Kathleen Schurman
Chairman Brunwin called the meeting to order at 7:07 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.
APPROVAL OF MINUTES
Approval of the minutes of the special meeting of October 4, 2011 were tabled.
BETHANY ELEMENTARY SCHOOL TEACHERS CONTRACT
It has been reported that the teacher negotiations for the Bethany Elementary School are going well and that a vote may be taken by the teachers on November 9, 2011 to accept or reject the contract.
AMITY REGIONAL FINANCE COMMITTEE
Aileen Magda attended the Amity Finance Committee meetings. Aileen reports that the Amity Teacher Negotiations are also moving along nicely. She was not sure when they would take a vote on the contract.
CHAIRMAN’S REPORT
Chairman Brunwin confirmed the resignation of Dr. John Brady as Amity Superintendent effective at the end of June.
Chairman Brunwin is searching for an accounting firm to modify account numbers and set up the General Ledger and Trial Balance for the Town’s accounting package. She is hoping for completion of this project by February.
The preliminary paper work for the bond issue is just about complete and ready to submit to Webster Bank.
OTHER MATTERS PROPER TO COME BEFORE THE MEETING
Robert Brinton Jr. expressed his concern that the legal for bidding of the back hoe had not been published in the New Haven Register. June Riley explained that it was an over site by the New Haven Register as two legal’s had been sent to the newspaper on the same day. One was published and the back hoe bid was not. Riley acknowledged the error on her part in not checking with the newspaper to see that indeed it had been published. Three bids had been received from dealerships in Connecticut as five had been called and asked to submit a bid. Three of the dealerships had brought machines to demonstrate and allow employees to try out. Each employee of the Highway Department was given an opportunity to try each out and give an evaluation of the product.
Robert Brinton Jr. noted that Contracted Services is over budget at this time. This deficit is due to the tree trimming that has been necessary because of the recent storms.
ADJOURNMENT
Adjournment was called at 7:30 p.m. after a motion was moved by Sally Huyser and seconded by John Grabowski. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Clerk, Board of Finance
NOVEMBER 8, 2011
Page 1 of 2
Attendance: Chairman Janet Brunwin, Robert Brinton Jr., Sally Huyser, John Grabowski, Aileen Magda
Visitors: Kathleen Schurman
Chairman Brunwin called the meeting to order at 7:07 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.
APPROVAL OF MINUTES
Approval of the minutes of the special meeting of October 4, 2011 were tabled.
BETHANY ELEMENTARY SCHOOL TEACHERS CONTRACT
It has been reported that the teacher negotiations for the Bethany Elementary School are going well and that a vote may be taken by the teachers on November 9, 2011 to accept or reject the contract.
AMITY REGIONAL FINANCE COMMITTEE
Aileen Magda attended the Amity Finance Committee meetings. Aileen reports that the Amity Teacher Negotiations are also moving along nicely. She was not sure when they would take a vote on the contract.
CHAIRMAN’S REPORT
Chairman Brunwin confirmed the resignation of Dr. John Brady as Amity Superintendent effective at the end of June.
Chairman Brunwin is searching for an accounting firm to modify account numbers and set up the General Ledger and Trial Balance for the Town’s accounting package. She is hoping for completion of this project by February.
The preliminary paper work for the bond issue is just about complete and ready to submit to Webster Bank.
OTHER MATTERS PROPER TO COME BEFORE THE MEETING
Robert Brinton Jr. expressed his concern that the legal for bidding of the back hoe had not been published in the New Haven Register. June Riley explained that it was an over site by the New Haven Register as two legal’s had been sent to the newspaper on the same day. One was published and the back hoe bid was not. Riley acknowledged the error on her part in not checking with the newspaper to see that indeed it had been published. Three bids had been received from dealerships in Connecticut as five had been called and asked to submit a bid. Three of the dealerships had brought machines to demonstrate and allow employees to try out. Each employee of the Highway Department was given an opportunity to try each out and give an evaluation of the product.
Robert Brinton Jr. noted that Contracted Services is over budget at this time. This deficit is due to the tree trimming that has been necessary because of the recent storms.
ADJOURNMENT
Adjournment was called at 7:30 p.m. after a motion was moved by Sally Huyser and seconded by John Grabowski. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Clerk, Board of Finance
BOARD OF SELECTMEN
OCTOBER 25, 2011
SPECIAL MEETING
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Robert Brinton Jr., Rod White, Robert White
First Selectwoman Gorski called the meeting to order at 7:40 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.
The first order of business was check signing of accounts payable and payroll checks. First Selectwoman Gorski then asked all to stand for the Pledge of Allegiance.
APPROVAL OF MINUTES
Selectman Thornquist moved a motion to approve the minutes of the meeting of October 11, 2011. Selectman Shea seconded the motion. Selectman Thornquist then moved to amend the minutes by correcting the spelling of the word Brewery Street under Amity Post Office, and to eliminate the words Bethany residents under Road Signs so that the sentence reads: Due to the recent horse accident on Fairwood Road a request has been made for Caution Horse Crossing Signs at that location. The amended minutes were then accepted on a unanimous vote
WAIVE FEE FOR USE OF LAKEVIEW LODGE – BETHANY LAND TRUST
The Bethany Land Trust has requested a waiving of the rental fee for Lakeview Lodge for a program sponsored by them on Birds of Prey on October 27, 2011. The motion to waive the fee was moved by Selectman Shea and seconded by Selectman Thornquist. The vote taken was unanimous.
TOWN HALL VAULT ROOF
Robert White, a local architect, presented to the Board of Selectmen, designs that he had completed for changing of the roof design for the vault at Town Hal, when it is replaced in the near future. After a careful review a motion was moved by Selectman Thornquist and seconded by Selectman Shea to go with the lower pitched design as the preferred option. Selectman Shea seconded the motion. The vote taken was unanimous.
TAX REFUNDS
Selectman Thornquist moved to refund to CAB East the sum of $202.24, to Foeleana or Kim Sansevero the sum of $32.54, to Francis and Nancy Griffin the sum of $17.68, to Honda Lease the sum of $84.63, to Toyota Financial Services the sum of $282.19, and to Walter Beletsky the sum of $67.06 for a total of $686.34. Selectman Shea seconded the motion. The vote taken was unanimous.
CORRESPONDENCE
The Selectmen have received correspondence that Siyoung Yu of Pleasant Drive in Bethany, has been honored by the Governor and the New York Times for the work she is doing for the homeless. The Board of Selectmen discussed that perhaps a proclamation from the Town of Bethany could be given to her also.
ADJOURNMENT
Adjournment was called at 8:25 p.m. after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
OCTOBER 25, 2011
SPECIAL MEETING
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Robert Brinton Jr., Rod White, Robert White
First Selectwoman Gorski called the meeting to order at 7:40 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.
The first order of business was check signing of accounts payable and payroll checks. First Selectwoman Gorski then asked all to stand for the Pledge of Allegiance.
APPROVAL OF MINUTES
Selectman Thornquist moved a motion to approve the minutes of the meeting of October 11, 2011. Selectman Shea seconded the motion. Selectman Thornquist then moved to amend the minutes by correcting the spelling of the word Brewery Street under Amity Post Office, and to eliminate the words Bethany residents under Road Signs so that the sentence reads: Due to the recent horse accident on Fairwood Road a request has been made for Caution Horse Crossing Signs at that location. The amended minutes were then accepted on a unanimous vote
WAIVE FEE FOR USE OF LAKEVIEW LODGE – BETHANY LAND TRUST
The Bethany Land Trust has requested a waiving of the rental fee for Lakeview Lodge for a program sponsored by them on Birds of Prey on October 27, 2011. The motion to waive the fee was moved by Selectman Shea and seconded by Selectman Thornquist. The vote taken was unanimous.
TOWN HALL VAULT ROOF
Robert White, a local architect, presented to the Board of Selectmen, designs that he had completed for changing of the roof design for the vault at Town Hal, when it is replaced in the near future. After a careful review a motion was moved by Selectman Thornquist and seconded by Selectman Shea to go with the lower pitched design as the preferred option. Selectman Shea seconded the motion. The vote taken was unanimous.
TAX REFUNDS
Selectman Thornquist moved to refund to CAB East the sum of $202.24, to Foeleana or Kim Sansevero the sum of $32.54, to Francis and Nancy Griffin the sum of $17.68, to Honda Lease the sum of $84.63, to Toyota Financial Services the sum of $282.19, and to Walter Beletsky the sum of $67.06 for a total of $686.34. Selectman Shea seconded the motion. The vote taken was unanimous.
CORRESPONDENCE
The Selectmen have received correspondence that Siyoung Yu of Pleasant Drive in Bethany, has been honored by the Governor and the New York Times for the work she is doing for the homeless. The Board of Selectmen discussed that perhaps a proclamation from the Town of Bethany could be given to her also.
ADJOURNMENT
Adjournment was called at 8:25 p.m. after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
Wednesday, November 9, 2011
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, OCTOBER 24, 2011 Page 1 of 6
The regular meeting of the Inland Wetlands Commission was called to order at 7:46 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following members of the Commission were present:
Alexandra Breslin, Chair
Kristine Sullivan, Vice-Chair
Roger Hathaway, Member
Lisa Gaw, Member
The following members of the Commission were excused or absent:
Brian Smith, Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Sullivan and seconded by Hathaway to approve the minutes of the September 26, 2011, Regular Meeting as proposed to be amended.
Voting were: Breslin, Sullivan, Hathaway, Gaw.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from South Central CT Regional Planning Commission, dated October 14, 2011, Re: Comments on review of proposed subdivision application for 46 Mesa Drive.
2. Letter from Inland Wetlands Commission to Board of Selectmen, Public Works Director and Park and Recreation Director, dated September 29, 2011, Re: Erection/Location of Structures and Earth Disturbances. Isabel Kearns, IWEO, to redraft letter and submit to Commission for review at next regular meeting, November 28, 2011.
3. Letter from CT Department of Energy & Environmental Protection, to William Edwards of 61 Edwards Road, dated October 7, 2011, Re: Edwards Pond Dam, Bethany, recommended maintenance work. Isabel Kearns, IWEO, to write letter to owner to invite him to the next regular meeting, November 28, 2011, to discuss dam maintenance work.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Association of Conservation & Inland Wetlands Commissions, 34th Annual Meeting & Environmental Conference, Saturday, November 12, 2011, Wallingford, CT.
2. Connecticut Wildlife, September/October 2011.
PUBLIC HEARING
· 46 Mesa Drive, Application #1170 submitted by James Woodward for a Five-lot Subdivision -
At 8:03 p.m., Chair Breslin called to order the public hearing on the five-lot subdivision. Chair Breslin read the legal notice for the public hearing.
Chair Breslin noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Set of plans prepared by Nowakowski, O’Bymachow, Kane & Associates, Shelton, Connecticut, entitled as follows:
1. “Record Subdivision Map prepared for Clifford Drive Estates, 46 Mesa Drive”, dated May 6, 2011, revised to July 11, 2011.
2. “Overall Site Plan (100 Scale) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to July 11, 2011.
3. “Site Development Plan (1 of 2) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to July 11, 2011.
4. “Site Development Plan (2 of 2) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to July 11, 2011.
5. “Plan & Profile – Clifford Drive prepared for Clifford Drive Estates, 46 Mesa Drive” dated April 9, 2011, with no revisions.
6. “Detention Basin Detail prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, with no revisions.
7. “Construction Details prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to July 11, 2011.
8. “Soil Test Data prepared for Clifford Drive Estates”, dated May 8, 2011, with no revisions.
9. “Road Soil Erosion & Sedimentation Control Plan – Clifford Drive prepared for Clifford Drive Estates”, dated May 5, 2011, revised to July 11, 2011.
Exhibit 1B – Engineering Report for Clifford Drive Estates, Mesa Drive, Bethany, Connecticut, dated May 11, 2011, prepared by Nowakowski, O’Bymachow, Kane & Associates, Shelton, Connecticut.
Exhibit 1C – Set of plans prepared by Nowakowski, O’Bymachow, Kane & Associates, Shelton, Connecticut, entitled as follows:
1. “First Cut Map (1 of 3) prepared for James W. Woodward Jr., Mesa Drive, Northrop Road”, dated May 6, 2011, with no revisions.
2. “First Cut Map (2 of 3) prepared for James W. Woodward Jr., Mesa Drive, Northrop Road”, dated May 6, 2011, with no revisions.
3. “First Cut Map (3 of 3) prepared for James W. Woodward Jr., Mesa Drive, Northrop Road”, dated May 6, 2011, with no revisions.
Exhibit 1D – Report from JMM Wetland Consulting Services, LLC, Newtown, Connecticut to Alan Shepard, P.E., of NOK, Shelton, Connecticut, dated September 15, 2011, Re: Wetland Description and Assessment for Proposed Subdivision Road Crossing, Proposed Clifford Drive Estates, Bethany, CT.
Exhibit 1E – Memo from Toni Marek, IWC Clerk, to James W. Woodward, dated October 19, 2011, Re: Additional fees for Application #1170, 46 Mesa Drive, with attached copy of check.
Exhibit 1F – Copy of Inland Wetlands Application for 46 Mesa Drive, Application #1170.
Exhibit 1G – Copy of Notice of a Special Meeting/Site Visit of the Bethany Inland Wetlands Commission, Saturday, October 22, 2011.
Exhibit 1H – Copy of check for application fees from James W. Woodward.
Exhibit 1”I” – Copy of Statewide Inland Wetlands & Watercourses Activity Reporting Form.
Exhibit 1J – Memo from Isabel Kearns, IWEO, dated June 21, 2011, Re: Review comments on subdivision maps for Clifford Drive Estates.
Exhibit 1K – Copy of a section of assessors map showing Lot 2, 64.21 acres, submitted July 26, 2011.
Exhibit 1L – Copy of Legal Notice for public hearing on October 24, 2011, for 46 Mesa Drive.
Exhibit 1M – Copy of letter from Antonia Marek, IWC Clerk, sent to Beacon Falls Town Hall, dated August 24, 2011 with return receipt attached, sent to South Central Regional Council of Governments, dated August 24, 2011, with return receipt attached, sent to Council of Governments of the Central Naugatuck Valley, dated August 24, 2011, with return receipt attached, sent to Diversified Technology Consultants, dated September 16, 2011, and sent to James W. Woodward, dated September 28, 2011.
Exhibit 1N - “Certificate of Mailing” dated October 11, 2011, listing addresses of the surrounding property owners within 100 feet of the property that were notified of this application with attached certified mail receipts dated September 1, 2011 and to the Beacon Falls Town Hall.
Exhibit 1”O” – Map entitled “Alternative Layouts – Clifford Drive Prepared For Clifford Drive Estates, Mesa Drive”, dated October 14, 2011, with no revisions.
Exhibit 1P – Two photographs submitted by Todd Green of 64 Mesa Drive, Bethany showing his property.
Exhibit 1Q – Submitted by Connie LaFemina of 50 Mesa Drive, photographs and information on Eastern Box Turtles.
Present to speak on behalf of this application was Attorney Paul Jessell of Watertown, Connecticut, Mr. Alan Shepard, P.E. of Nowakowski, O’Bymachow and Kane, Shelton, Connecticut, and Mr. James McManus, Certified Soil Scientist of JMM Wetland Consulting Services, LLC. All gentlemen were representing the applicant, Mr. James Woodward.
Mr. Shepard submitted a map with Alternative Layouts (Exhibit 1”O”) and reviewed with the Commission.
Mr. McManus reviewed the report on the Wetland Description and Assessment for Proposed Subdivision Road Crossing (Exhibit 1D) with the Commission.
In discussion, Commission members noted:
The record of the previous approval to be entered into the hearing record (approved August 18, 2008).
That a resume from James McManus, Certified Soil Scientist, is requested.
That the time frame schedule of construction is requested.
A report from Diversified Technology Consultants is needed.
The applicant will need time to address the report from Diversified Technology Consultants.
Chair Breslin asked if there were any comments from the public. The following public member commented:
a) Todd Green of 64 Mesa Drive – Mr. Green addressed the Commission with his concern with excess water from the proposed development and submitted Exhibit 1P (photographs of existing conditions of his property).
b) Connie LaFemina of 50 Mesa Drive – Mrs. LaFemina addressed the Commission with her concern regarding the Eastern Box Turtles and submitted Exhibit 1Q.
At 9:15 p.m., Chair Breslin recessed the public hearing and continued it to the next regular meeting on Monday, November 28, 2011, in the Commission Meeting Room of the Bethany Town Hall. Tabled.
NEW BUSINESS
1. 90 Pole Hill Road, Application #1174 submitted by Daniel Wivagg for an IW Permit to locate 2 benches and 1 cubby –
The Commission formally received the application. Present to speak on behalf of this application was Daniel Wivagg, Eagle Scout.
Mr. Wivagg presented the proposed project to construct and locate 2 benches and a cubby at the park located at 90 Pole Hill Road.
Mr. Wivagg will submit a request to waive the application fees at the next regular scheduled meeting on November 28, 2011.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 28, 2011. Tabled.
2. 74 Miller Road, Application #1175 submitted by Town of Bethany for an IW Permit for a culvert replacement –
The Commission formally received the application. Present to speak on behalf of this application was Alan Green, Public Works Director.
Mr. Green reviewed the proposed project noting:
· Mesa Construction will be completing the proposed drainage work.
· Will need to go to a Town Meeting to receive funds for culvert.
· Work will not be started until February/March 2012.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 28, 2011. Tabled.
3. 12 Hopp Brook Road, Application #1176 submitted by Town of Bethany for an IW Permit for a culvert replacement –
The Commission formally received the application. Present to speak on behalf of this application was Alan Green, Public Works Director.
Mr. Green reviewed the proposed project noting:
· Mesa Construction will be completing the proposed drainage work.
· Will need to go to a Town Meeting to receive funds for culvert.
· Work will not be started until February/March 2012.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 28, 2011. Tabled.
4. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT -
Commission to review and discuss at the next regular meeting scheduled on Monday, November 28, 2011. Tabled.
OLD BUSINESS
1. 108 Schaffer Road, Application #1171 submitted by Wyatt Crotta & Daughters LLC for a Site Plan to relocate house –
Present to speak on behalf of this application was Wyatt Crotta, applicant and owner of record.
In discussion, Commission members noted:
· The Commission conducted a site visit on October 22, 2011.
· Town to review with Commission when tying into Town catch basin.
Commission member discussed and proceeded to deliberate. It was moved by Sullivan and seconded by Gaw to approve Application #1171 submitted by Wyatt Crotta for an Inland Wetlands Permit for a Site Plan to relocate a house in accordance with the submitted plan entitled, “Subsurface Sewage Disposal Design Plan, Lot 3, 108 Schaffer Street”, dated June 27, 2006, revised to April 17, 2007, prepared by D’Amico Associates, Oxford, Connecticut and is subject to the following condition including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
When site runoff, which is not shown on the site plan but was observed in the field, is proposed to be connected to the Town road drainage that the Town and the applicant return to the Inland Wetlands Commission at that time due to the fact that some of the work will be taken place on the applicant’s property.
The Commission’s decision was based on the site inspection, which would appear that the sedimentation and erosion controls are going to be installed and maintained until the site is stabilized.
Voting were: Breslin, Sullivan, Hathaway, Gaw.
Vote: 4 to 0.
Unanimous approval.
2. 108 Miller Road (Lot #1), Application #1172 submitted by Christopher Stoyer for a Residential Site Development –
Present to speak on behalf of this application was Attorney Michael Alexander, representing the applicant, Chris Stoyer, who was present.
In discussion, Commission members noted:
· Erosion controls not installed correctly.
· Current plan not accurate to existing conditions.
· Drainage calculations to be forward to Town engineer.
· Applicant to correct sedimentation and erosion controls.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 28, 2011. Tabled.
3. 46 Mesa Drive, James Woodward, Application #1170 for a Five-lot Subdivision –
Public hearing continued to the next regular meeting scheduled on November 28, 2011. Tabled.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Sullivan and seconded by Hathaway to adjourn the regular meeting at 10:12 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Inland Wetlands Commission
Karen Hubbell present in my absence.
The regular meeting of the Inland Wetlands Commission was called to order at 7:46 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following members of the Commission were present:
Alexandra Breslin, Chair
Kristine Sullivan, Vice-Chair
Roger Hathaway, Member
Lisa Gaw, Member
The following members of the Commission were excused or absent:
Brian Smith, Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Sullivan and seconded by Hathaway to approve the minutes of the September 26, 2011, Regular Meeting as proposed to be amended.
Voting were: Breslin, Sullivan, Hathaway, Gaw.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from South Central CT Regional Planning Commission, dated October 14, 2011, Re: Comments on review of proposed subdivision application for 46 Mesa Drive.
2. Letter from Inland Wetlands Commission to Board of Selectmen, Public Works Director and Park and Recreation Director, dated September 29, 2011, Re: Erection/Location of Structures and Earth Disturbances. Isabel Kearns, IWEO, to redraft letter and submit to Commission for review at next regular meeting, November 28, 2011.
3. Letter from CT Department of Energy & Environmental Protection, to William Edwards of 61 Edwards Road, dated October 7, 2011, Re: Edwards Pond Dam, Bethany, recommended maintenance work. Isabel Kearns, IWEO, to write letter to owner to invite him to the next regular meeting, November 28, 2011, to discuss dam maintenance work.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Association of Conservation & Inland Wetlands Commissions, 34th Annual Meeting & Environmental Conference, Saturday, November 12, 2011, Wallingford, CT.
2. Connecticut Wildlife, September/October 2011.
PUBLIC HEARING
· 46 Mesa Drive, Application #1170 submitted by James Woodward for a Five-lot Subdivision -
At 8:03 p.m., Chair Breslin called to order the public hearing on the five-lot subdivision. Chair Breslin read the legal notice for the public hearing.
Chair Breslin noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Set of plans prepared by Nowakowski, O’Bymachow, Kane & Associates, Shelton, Connecticut, entitled as follows:
1. “Record Subdivision Map prepared for Clifford Drive Estates, 46 Mesa Drive”, dated May 6, 2011, revised to July 11, 2011.
2. “Overall Site Plan (100 Scale) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to July 11, 2011.
3. “Site Development Plan (1 of 2) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to July 11, 2011.
4. “Site Development Plan (2 of 2) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to July 11, 2011.
5. “Plan & Profile – Clifford Drive prepared for Clifford Drive Estates, 46 Mesa Drive” dated April 9, 2011, with no revisions.
6. “Detention Basin Detail prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, with no revisions.
7. “Construction Details prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to July 11, 2011.
8. “Soil Test Data prepared for Clifford Drive Estates”, dated May 8, 2011, with no revisions.
9. “Road Soil Erosion & Sedimentation Control Plan – Clifford Drive prepared for Clifford Drive Estates”, dated May 5, 2011, revised to July 11, 2011.
Exhibit 1B – Engineering Report for Clifford Drive Estates, Mesa Drive, Bethany, Connecticut, dated May 11, 2011, prepared by Nowakowski, O’Bymachow, Kane & Associates, Shelton, Connecticut.
Exhibit 1C – Set of plans prepared by Nowakowski, O’Bymachow, Kane & Associates, Shelton, Connecticut, entitled as follows:
1. “First Cut Map (1 of 3) prepared for James W. Woodward Jr., Mesa Drive, Northrop Road”, dated May 6, 2011, with no revisions.
2. “First Cut Map (2 of 3) prepared for James W. Woodward Jr., Mesa Drive, Northrop Road”, dated May 6, 2011, with no revisions.
3. “First Cut Map (3 of 3) prepared for James W. Woodward Jr., Mesa Drive, Northrop Road”, dated May 6, 2011, with no revisions.
Exhibit 1D – Report from JMM Wetland Consulting Services, LLC, Newtown, Connecticut to Alan Shepard, P.E., of NOK, Shelton, Connecticut, dated September 15, 2011, Re: Wetland Description and Assessment for Proposed Subdivision Road Crossing, Proposed Clifford Drive Estates, Bethany, CT.
Exhibit 1E – Memo from Toni Marek, IWC Clerk, to James W. Woodward, dated October 19, 2011, Re: Additional fees for Application #1170, 46 Mesa Drive, with attached copy of check.
Exhibit 1F – Copy of Inland Wetlands Application for 46 Mesa Drive, Application #1170.
Exhibit 1G – Copy of Notice of a Special Meeting/Site Visit of the Bethany Inland Wetlands Commission, Saturday, October 22, 2011.
Exhibit 1H – Copy of check for application fees from James W. Woodward.
Exhibit 1”I” – Copy of Statewide Inland Wetlands & Watercourses Activity Reporting Form.
Exhibit 1J – Memo from Isabel Kearns, IWEO, dated June 21, 2011, Re: Review comments on subdivision maps for Clifford Drive Estates.
Exhibit 1K – Copy of a section of assessors map showing Lot 2, 64.21 acres, submitted July 26, 2011.
Exhibit 1L – Copy of Legal Notice for public hearing on October 24, 2011, for 46 Mesa Drive.
Exhibit 1M – Copy of letter from Antonia Marek, IWC Clerk, sent to Beacon Falls Town Hall, dated August 24, 2011 with return receipt attached, sent to South Central Regional Council of Governments, dated August 24, 2011, with return receipt attached, sent to Council of Governments of the Central Naugatuck Valley, dated August 24, 2011, with return receipt attached, sent to Diversified Technology Consultants, dated September 16, 2011, and sent to James W. Woodward, dated September 28, 2011.
Exhibit 1N - “Certificate of Mailing” dated October 11, 2011, listing addresses of the surrounding property owners within 100 feet of the property that were notified of this application with attached certified mail receipts dated September 1, 2011 and to the Beacon Falls Town Hall.
Exhibit 1”O” – Map entitled “Alternative Layouts – Clifford Drive Prepared For Clifford Drive Estates, Mesa Drive”, dated October 14, 2011, with no revisions.
Exhibit 1P – Two photographs submitted by Todd Green of 64 Mesa Drive, Bethany showing his property.
Exhibit 1Q – Submitted by Connie LaFemina of 50 Mesa Drive, photographs and information on Eastern Box Turtles.
Present to speak on behalf of this application was Attorney Paul Jessell of Watertown, Connecticut, Mr. Alan Shepard, P.E. of Nowakowski, O’Bymachow and Kane, Shelton, Connecticut, and Mr. James McManus, Certified Soil Scientist of JMM Wetland Consulting Services, LLC. All gentlemen were representing the applicant, Mr. James Woodward.
Mr. Shepard submitted a map with Alternative Layouts (Exhibit 1”O”) and reviewed with the Commission.
Mr. McManus reviewed the report on the Wetland Description and Assessment for Proposed Subdivision Road Crossing (Exhibit 1D) with the Commission.
In discussion, Commission members noted:
The record of the previous approval to be entered into the hearing record (approved August 18, 2008).
That a resume from James McManus, Certified Soil Scientist, is requested.
That the time frame schedule of construction is requested.
A report from Diversified Technology Consultants is needed.
The applicant will need time to address the report from Diversified Technology Consultants.
Chair Breslin asked if there were any comments from the public. The following public member commented:
a) Todd Green of 64 Mesa Drive – Mr. Green addressed the Commission with his concern with excess water from the proposed development and submitted Exhibit 1P (photographs of existing conditions of his property).
b) Connie LaFemina of 50 Mesa Drive – Mrs. LaFemina addressed the Commission with her concern regarding the Eastern Box Turtles and submitted Exhibit 1Q.
At 9:15 p.m., Chair Breslin recessed the public hearing and continued it to the next regular meeting on Monday, November 28, 2011, in the Commission Meeting Room of the Bethany Town Hall. Tabled.
NEW BUSINESS
1. 90 Pole Hill Road, Application #1174 submitted by Daniel Wivagg for an IW Permit to locate 2 benches and 1 cubby –
The Commission formally received the application. Present to speak on behalf of this application was Daniel Wivagg, Eagle Scout.
Mr. Wivagg presented the proposed project to construct and locate 2 benches and a cubby at the park located at 90 Pole Hill Road.
Mr. Wivagg will submit a request to waive the application fees at the next regular scheduled meeting on November 28, 2011.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 28, 2011. Tabled.
2. 74 Miller Road, Application #1175 submitted by Town of Bethany for an IW Permit for a culvert replacement –
The Commission formally received the application. Present to speak on behalf of this application was Alan Green, Public Works Director.
Mr. Green reviewed the proposed project noting:
· Mesa Construction will be completing the proposed drainage work.
· Will need to go to a Town Meeting to receive funds for culvert.
· Work will not be started until February/March 2012.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 28, 2011. Tabled.
3. 12 Hopp Brook Road, Application #1176 submitted by Town of Bethany for an IW Permit for a culvert replacement –
The Commission formally received the application. Present to speak on behalf of this application was Alan Green, Public Works Director.
Mr. Green reviewed the proposed project noting:
· Mesa Construction will be completing the proposed drainage work.
· Will need to go to a Town Meeting to receive funds for culvert.
· Work will not be started until February/March 2012.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 28, 2011. Tabled.
4. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT -
Commission to review and discuss at the next regular meeting scheduled on Monday, November 28, 2011. Tabled.
OLD BUSINESS
1. 108 Schaffer Road, Application #1171 submitted by Wyatt Crotta & Daughters LLC for a Site Plan to relocate house –
Present to speak on behalf of this application was Wyatt Crotta, applicant and owner of record.
In discussion, Commission members noted:
· The Commission conducted a site visit on October 22, 2011.
· Town to review with Commission when tying into Town catch basin.
Commission member discussed and proceeded to deliberate. It was moved by Sullivan and seconded by Gaw to approve Application #1171 submitted by Wyatt Crotta for an Inland Wetlands Permit for a Site Plan to relocate a house in accordance with the submitted plan entitled, “Subsurface Sewage Disposal Design Plan, Lot 3, 108 Schaffer Street”, dated June 27, 2006, revised to April 17, 2007, prepared by D’Amico Associates, Oxford, Connecticut and is subject to the following condition including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
When site runoff, which is not shown on the site plan but was observed in the field, is proposed to be connected to the Town road drainage that the Town and the applicant return to the Inland Wetlands Commission at that time due to the fact that some of the work will be taken place on the applicant’s property.
The Commission’s decision was based on the site inspection, which would appear that the sedimentation and erosion controls are going to be installed and maintained until the site is stabilized.
Voting were: Breslin, Sullivan, Hathaway, Gaw.
Vote: 4 to 0.
Unanimous approval.
2. 108 Miller Road (Lot #1), Application #1172 submitted by Christopher Stoyer for a Residential Site Development –
Present to speak on behalf of this application was Attorney Michael Alexander, representing the applicant, Chris Stoyer, who was present.
In discussion, Commission members noted:
· Erosion controls not installed correctly.
· Current plan not accurate to existing conditions.
· Drainage calculations to be forward to Town engineer.
· Applicant to correct sedimentation and erosion controls.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 28, 2011. Tabled.
3. 46 Mesa Drive, James Woodward, Application #1170 for a Five-lot Subdivision –
Public hearing continued to the next regular meeting scheduled on November 28, 2011. Tabled.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Sullivan and seconded by Hathaway to adjourn the regular meeting at 10:12 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Inland Wetlands Commission
Karen Hubbell present in my absence.
Friday, October 21, 2011
Bethany Conservation Commission
October 13, 2011
The meeting was called to order at 8:08 by Bruce Loomis. Also in attendance were Brian Eitzer, Cathy Rives, and Lisa Tavolacci.
Brian moved and Bruce seconded a motion to accept the September 8, 2011 minutes. The motion passed.
Bruce passed out an e-mail trail of his correspondence with the Bethany Community School on the topic of how the sixth grade students are chosen to receive the Conservation awards. He stated that he would send them one more e-mail on the topic.
The Woodward development plan is now a “First Cut” plan that therefore does not require that open space issues be addressed. The plan still appears to show an easement for a trail to the likely location of open space if there is further development. The commission would like to keep recommending that this easement remains as this plan moves forward.
There was a discussion of the upcoming CACIWIC conference, it was mentioned that any commissioners planning on going should register by Oct. 31 as the registration fee goes up after this date.
Brian moved to adjourn at 8:45, Lisa seconded and the motion passed.
Respectfully submitted,
Brian Eitzer
Secretary pro-tempore
October 13, 2011
The meeting was called to order at 8:08 by Bruce Loomis. Also in attendance were Brian Eitzer, Cathy Rives, and Lisa Tavolacci.
Brian moved and Bruce seconded a motion to accept the September 8, 2011 minutes. The motion passed.
Bruce passed out an e-mail trail of his correspondence with the Bethany Community School on the topic of how the sixth grade students are chosen to receive the Conservation awards. He stated that he would send them one more e-mail on the topic.
The Woodward development plan is now a “First Cut” plan that therefore does not require that open space issues be addressed. The plan still appears to show an easement for a trail to the likely location of open space if there is further development. The commission would like to keep recommending that this easement remains as this plan moves forward.
There was a discussion of the upcoming CACIWIC conference, it was mentioned that any commissioners planning on going should register by Oct. 31 as the registration fee goes up after this date.
Brian moved to adjourn at 8:45, Lisa seconded and the motion passed.
Respectfully submitted,
Brian Eitzer
Secretary pro-tempore
Thursday, October 13, 2011
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, OCTOBER 5, 2011 Page 1 of 7
The regular meeting of the Planning and Zoning Commission was called to order at 7:02 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Commission Members were present:
Melissa Spear, Chair
Mary Shurtleff, Vice-Chair
Patricia Winer, Member
Michael Calhoun, Member
Kimberly McClure Brinton, Member
Marc Adelberg, Alternate Member
Donna Shea, Alternate Member, seated as a voting member.
The following Commission Member was absent or excused:
Nellie Rabinowitz, Alternate Member
Also present were:
Hiram Peck, Planning Consultant
Isabel Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Winer and seconded by Calhoun to approve the minutes of the September 7, 2011, Regular Meeting with the following change:
Page 7, Fifth Paragraph – Reads “The Commission scheduled a public hearing date of Wednesday, October 5, 2011, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall.” Change to “The Commission scheduled a public hearing date of Wednesday, October 5, 2011, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall.”
Voting for: Spear, Shurtleff, Winer, Calhoun, Shea.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Email from Eugene Livshits, South Central Regional Council of Governments, dated September 26, 2011, Re: Referral will be reviewed during October 13, 2011 Regional Planning Meeting regarding Bethany proposed amendment to Section 6 – Prohibited Uses.
2. Letter from Valley Council of Governments, dated September 29, 2011, Re: Referral comments on Bethany proposed amendment to Section 6 – Prohibited Uses.
3. Letter from EMG Properties, LLC, dated September 8, 2011, Re: Revisions to planting plan for 437 and 443 Fairwood Road with attached sketches.
4. Memo from Isabel Kearns, ZEO, dated July 13, 2011, Re: Review comments on plans dated June 1, 2011, for 18 Munson Road.
..
5. Copy of letter from SCC Regional Water Authority to the Inland Wetlands Commission, dated July 21, 2011, Re: Review comments on application for 18 Munson Road, construction of building addition.
6. Copy of letter from SCC Regional Water Authority to the Inland Wetlands Commission, dated August 19, 2011, Re: Comments addressed on revised plan dated July 15, 2011, 18 Munson Road.
7. Letter from Nafis & Young, dated October 3, 2011, Re: 100 Miller Road, comments have been addressed, drainage designed to meet zero increase in runoff.
8. Email from Brian Botti, owner of 696 Amity Road, Units B-1, 3, 4, 5, 6, to QVHD, dated September 7, 2011, Re: Vacating Unit B-6 to allocate water usage to Unit B-1, Medical Office.
9. Letter from QVHD, dated September 14, 2011, Re: 696 Amity Road, Unit B-1, recommending approval due to vacant Unit B-6.
10. Letter from SCC Regional Water Authority, dated September 15, 2011, Re: 696 Amity Road, general practitioner office, no comment.
11. Letter from SCC Regional Planning Commission to Town Planner, Seymour, dated September 9, 2011, Re: Referral comments on Town of Seymour proposed zoning map amendment.
12. Letter from SCC Regional Planning Commission to Town of Prospect, dated September 9, 2011, Re: Referral comments on Town of Prospect proposed zoning regulation amendment to Section 6.4 – Off-street parking requirements.
13. Letter from SCC Regional Planning Commission to Town of Prospect, dated September 9, 2011, Re: Referral comments on Town of Prospect proposed moratorium on accepting proposed wind energy regulation applications.
PUBLICATIONS AND WORKSHOPS
1. Land Use Academy Advanced Training, Saturday, November 5, 2011, CCSU.
2. Brochure from Conservation Commission of Beacon Falls, 2011.
3. Connecticut Landscape Architecture, 2011.
BILLS
1) It was moved by Calhoun and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for September 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Calhoun, Brinton, Winer.
Unanimous approval.
2) It was moved by Shurtleff and seconded by Winer to approve the payment of a bill for $95.00, dated October 5, 2011, from John McLeod for recording services for the public hearing (Zoning Regulation amendment).
Voting for: Spear, Shurtleff, Calhoun, Brinton, Winer.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO, reported on the following:
The First Selectman has assigned hearing officers (Mark Pearson and Norman Cole) to fine violators.
The Commission requested the ZEO to prepare a list of properties that have violations and submit to the Commission for review.
The Commission requested the ZEO to investigate the following properties
a) 256 Amity Road, Nino’s Garage – outside storage of cars.
b) 607 Litchfield Turnpike – possible business operation.
PUBLIC HEARING
· Proposed amendments to the Bethany Zoning Regulations to Section 6 – Prohibited Uses. Add #6.28 – Signs with any type of internal lighting or internal illumination.
At 7:30 p.m., Chair Spear called to order the public hearing on the proposed amendments to Section 6 – Prohibited Uses. Add #6.28 – Signs with any type of internal lighting or internal illumination.
Chair Spear then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Email from Eugene Livshits, South Central Regional Council of Governments, dated September 26, 2011, Re: Referral will be reviewed during October 13, 2011 Regional Planning Meeting regarding Bethany proposed amendment to Section 6 – Prohibited Uses.
B. Exhibit 1B - Letter from Valley Council of Governments, dated September 29, 2011, Re: Referral comments on Bethany proposed amendment to Section 6 – Prohibited Uses.
In discussion, Commission members noted:
The South Central Regional Planning Commission will not be reviewing the referral until the October 13, 2011, RPC meeting.
Hiram Peck, Planning Consultant, briefly reviewed the Commission’s decision to prohibit these types of signs.
Chair Spear then asked if there were any comments from the public. There were no comments.
Chair Spear stated the public hearing will have to remain open to receive comments from the South Central Regional Planning Commission.
At 7:37 p.m., Chairman Huxley recessed the public hearing and continued it to the next regular meeting on Wednesday, November 2, 2011, in the Commission Meeting Room. Tabled.
NEW BUSINESS
1) 437 and 443 Fairwood Road, Application #2011-023 submitted by EMG Properties, LLC for a modification to the Landscaping Plan approved on May 24, 2011.
The Commission formally received the application. Present to speak on behalf of this application was William Grieger, applicant and owner of record.
The Commission received a letter from EMG Properties, LLC, dated September 8, 2011, Re: Revisions to planting plan for 437 and 443 Fairwood Road with attached sketches and also requesting a waiver of the application fees for this application.
Mr. Grieger briefly reviewed his proposal with the Commission.
It was moved by Shurtleff and seconded by Brinton to waive the application fee for the subject Application #2011-023 for 437 and 443 Fairwood Road.
Voting were: Spear, Shurtleff, Winer, Brinton, Calhoun.
Vote 5 to 0.
Unanimous approval.
Isabel Kearns, ZEO, prepared a draft resolution for Application #2011-023 and distributed to Commission members. The Commission reviewed and proceeded to deliberate.
It was moved by Calhoun and seconded by Brinton to approve the following resolution for Application #2011-023
Whereas, the owner of the property, EMG Properties, LLC, applied on October 5, 2011, to the Bethany Planning and Zoning Commission for a Site Plan Modification (#2011-023) to amend the landscaping plan for 437 and 443 Fairwood Road.
Whereas, EMG Properties, LLC had previously applied to the Commission to modify the originally approved landscaping plan via Application #2011-012;
Whereas, the Commission previously conducted a site visit on April 23, 2011, when it was reviewing the Application #2011-012;
Whereas, the Commission, at a regular meeting held on October 5, 2011, considered the plans, testimony and other pertinent application information;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The proposed Three (3) Sugar Maples and the Four (4) Hemlocks satisfy the intent of the original plan dated September 7, 2011.
Now Therefore Be It Resolved, that pursuant to Section 10.2.L.3 of the Bethany Zoning Regulations, amended to April 15, 2011, the Bethany Planning and Zoning Commission approves the modification to the landscaping plan to plant Three (3) Sugar Maples in front of 443 Fairwood Road and Four (4) Hemlocks on the northeast corner of the building, as shown on plans dated September 7, 2011 and with the following conditions:
1) The existing surety bond that is to expire in March shall be renewed in February.
2) All plantings shall be planted no later than the Spring of 2012.
3) The Hemlocks shall be protected and treated as necessary for woolly adelgid disease.
Voting were: Spear, Shurtleff, Winer, Brinton, Calhoun.
Vote 5 to 0.
Unanimous approval.
2) Preliminary discussion with John Paul Garcia regarding 6 Sargent Drive –
Present for this discussion were as follows:
John Paul Garcia, P.E./L.S.
Mr. and Mrs. Mike Patel
Michael J. Fox, of Fox Consulting Services
Attorney Brian Stone
Jeff Slapikas, Builder
A new proposal for a gas station and signage located at 6 Sargent Drive was presented to the Commission for discussion.
3) 18 Munson Road, Application #2011-024 submitted by RDC Holding LLC to construct an addition to building, parking and drainage –
The Commission formally received the application. Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.
The Commission received the following correspondence for this application:
Memo from Isabel Kearns, ZEO, dated July 13, 2011, Re: Review comments on plans dated June 1, 2011, for 18 Munson Road.
Copy of letter from SCC Regional Water Authority to the Inland Wetlands Commission, dated July 21, 2011, Re: Review comments on application for 18 Munson Road, construction of building addition.
Copy of letter from SCC Regional Water Authority to the Inland Wetlands Commission, dated August 19, 2011, Re: Comments addressed on revised plan dated July 15, 2011, 18 Munson Road.
Mr. Garcia briefly reviewed the proposed project noting:
· The applicant is proposing to add an addition to the building in the rear due to the purchase of a large sheet metal machine.
Isabel Kearns, ZEO, stated Mr. Garcia needs to submit an application for a Special Exception Permit for outside storage.
It was moved by Shurtleff and seconded by Winer to amend the agenda for the regular meeting of October 5, 2011, to accept the application submitted by Mr. Garcia for a Special Exception Permit for outside storage located at 18 Munson Road.
Voting were: Spear, Shurtleff, Winer, Brinton, Calhoun.
Vote 5 to 0.
Unanimous approval.
The Commission scheduled a public hearing date of Wednesday, November 2, 2011, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
4) Discussion with Christopher Stoyer regarding 100 Miller Road – 0% runoff, fire suppression and monuments delineating conservation easement –
Present for this discussion were Attorney Michael Alexander, representing Mr. Chris Stoyer, applicant, who was also present.
The Commission received a letter from Nafis & Young, dated October 3, 2011, Re: 100 Miller Road, comments have been addressed, drainage designed to meet zero increase in runoff.
Letter from Rod White, Fire Marshal, dated July 6, 2011, Re: Clarification as to the waiver request for a water source at 100 Miller Road, two-lot resubdivision.
Isabel Kearns, ZEO, stated the applicant has addressed the 0% runoff and the fire suppression water source.
Also Ms. Kearns recommended that due to the stream, Mr. Stoyer will place medallions on the trees for the conservation easement instead of the monuments in or next to the stream.
The Commission requested that a copy of the map reviewed by Nafis and Young, dated September 27, 2011, be submitted to the ZEO with the locations of the trees/medallions and requested the ZEO to prepare an approval letter for the next regular meeting for the Commission’s review and action. Tabled.
OLD BUSINESS
1. Proposed Bethany Zoning Regulation Amendment to Section 6 – Prohibited Uses. Add #6.28 – Signs with any type of internal lighting or internal illumination – Public hearing continued to November 2, 2011. Tabled.
2. Discuss increasing application fees – Tabled.
There being no further business to come before the Commission, it was moved by Shurtleff and seconded by Calhoun to adjourn the regular meeting at 8:50 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
The regular meeting of the Planning and Zoning Commission was called to order at 7:02 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Commission Members were present:
Melissa Spear, Chair
Mary Shurtleff, Vice-Chair
Patricia Winer, Member
Michael Calhoun, Member
Kimberly McClure Brinton, Member
Marc Adelberg, Alternate Member
Donna Shea, Alternate Member, seated as a voting member.
The following Commission Member was absent or excused:
Nellie Rabinowitz, Alternate Member
Also present were:
Hiram Peck, Planning Consultant
Isabel Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Winer and seconded by Calhoun to approve the minutes of the September 7, 2011, Regular Meeting with the following change:
Page 7, Fifth Paragraph – Reads “The Commission scheduled a public hearing date of Wednesday, October 5, 2011, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall.” Change to “The Commission scheduled a public hearing date of Wednesday, October 5, 2011, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall.”
Voting for: Spear, Shurtleff, Winer, Calhoun, Shea.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Email from Eugene Livshits, South Central Regional Council of Governments, dated September 26, 2011, Re: Referral will be reviewed during October 13, 2011 Regional Planning Meeting regarding Bethany proposed amendment to Section 6 – Prohibited Uses.
2. Letter from Valley Council of Governments, dated September 29, 2011, Re: Referral comments on Bethany proposed amendment to Section 6 – Prohibited Uses.
3. Letter from EMG Properties, LLC, dated September 8, 2011, Re: Revisions to planting plan for 437 and 443 Fairwood Road with attached sketches.
4. Memo from Isabel Kearns, ZEO, dated July 13, 2011, Re: Review comments on plans dated June 1, 2011, for 18 Munson Road.
..
5. Copy of letter from SCC Regional Water Authority to the Inland Wetlands Commission, dated July 21, 2011, Re: Review comments on application for 18 Munson Road, construction of building addition.
6. Copy of letter from SCC Regional Water Authority to the Inland Wetlands Commission, dated August 19, 2011, Re: Comments addressed on revised plan dated July 15, 2011, 18 Munson Road.
7. Letter from Nafis & Young, dated October 3, 2011, Re: 100 Miller Road, comments have been addressed, drainage designed to meet zero increase in runoff.
8. Email from Brian Botti, owner of 696 Amity Road, Units B-1, 3, 4, 5, 6, to QVHD, dated September 7, 2011, Re: Vacating Unit B-6 to allocate water usage to Unit B-1, Medical Office.
9. Letter from QVHD, dated September 14, 2011, Re: 696 Amity Road, Unit B-1, recommending approval due to vacant Unit B-6.
10. Letter from SCC Regional Water Authority, dated September 15, 2011, Re: 696 Amity Road, general practitioner office, no comment.
11. Letter from SCC Regional Planning Commission to Town Planner, Seymour, dated September 9, 2011, Re: Referral comments on Town of Seymour proposed zoning map amendment.
12. Letter from SCC Regional Planning Commission to Town of Prospect, dated September 9, 2011, Re: Referral comments on Town of Prospect proposed zoning regulation amendment to Section 6.4 – Off-street parking requirements.
13. Letter from SCC Regional Planning Commission to Town of Prospect, dated September 9, 2011, Re: Referral comments on Town of Prospect proposed moratorium on accepting proposed wind energy regulation applications.
PUBLICATIONS AND WORKSHOPS
1. Land Use Academy Advanced Training, Saturday, November 5, 2011, CCSU.
2. Brochure from Conservation Commission of Beacon Falls, 2011.
3. Connecticut Landscape Architecture, 2011.
BILLS
1) It was moved by Calhoun and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for September 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Calhoun, Brinton, Winer.
Unanimous approval.
2) It was moved by Shurtleff and seconded by Winer to approve the payment of a bill for $95.00, dated October 5, 2011, from John McLeod for recording services for the public hearing (Zoning Regulation amendment).
Voting for: Spear, Shurtleff, Calhoun, Brinton, Winer.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO, reported on the following:
The First Selectman has assigned hearing officers (Mark Pearson and Norman Cole) to fine violators.
The Commission requested the ZEO to prepare a list of properties that have violations and submit to the Commission for review.
The Commission requested the ZEO to investigate the following properties
a) 256 Amity Road, Nino’s Garage – outside storage of cars.
b) 607 Litchfield Turnpike – possible business operation.
PUBLIC HEARING
· Proposed amendments to the Bethany Zoning Regulations to Section 6 – Prohibited Uses. Add #6.28 – Signs with any type of internal lighting or internal illumination.
At 7:30 p.m., Chair Spear called to order the public hearing on the proposed amendments to Section 6 – Prohibited Uses. Add #6.28 – Signs with any type of internal lighting or internal illumination.
Chair Spear then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Email from Eugene Livshits, South Central Regional Council of Governments, dated September 26, 2011, Re: Referral will be reviewed during October 13, 2011 Regional Planning Meeting regarding Bethany proposed amendment to Section 6 – Prohibited Uses.
B. Exhibit 1B - Letter from Valley Council of Governments, dated September 29, 2011, Re: Referral comments on Bethany proposed amendment to Section 6 – Prohibited Uses.
In discussion, Commission members noted:
The South Central Regional Planning Commission will not be reviewing the referral until the October 13, 2011, RPC meeting.
Hiram Peck, Planning Consultant, briefly reviewed the Commission’s decision to prohibit these types of signs.
Chair Spear then asked if there were any comments from the public. There were no comments.
Chair Spear stated the public hearing will have to remain open to receive comments from the South Central Regional Planning Commission.
At 7:37 p.m., Chairman Huxley recessed the public hearing and continued it to the next regular meeting on Wednesday, November 2, 2011, in the Commission Meeting Room. Tabled.
NEW BUSINESS
1) 437 and 443 Fairwood Road, Application #2011-023 submitted by EMG Properties, LLC for a modification to the Landscaping Plan approved on May 24, 2011.
The Commission formally received the application. Present to speak on behalf of this application was William Grieger, applicant and owner of record.
The Commission received a letter from EMG Properties, LLC, dated September 8, 2011, Re: Revisions to planting plan for 437 and 443 Fairwood Road with attached sketches and also requesting a waiver of the application fees for this application.
Mr. Grieger briefly reviewed his proposal with the Commission.
It was moved by Shurtleff and seconded by Brinton to waive the application fee for the subject Application #2011-023 for 437 and 443 Fairwood Road.
Voting were: Spear, Shurtleff, Winer, Brinton, Calhoun.
Vote 5 to 0.
Unanimous approval.
Isabel Kearns, ZEO, prepared a draft resolution for Application #2011-023 and distributed to Commission members. The Commission reviewed and proceeded to deliberate.
It was moved by Calhoun and seconded by Brinton to approve the following resolution for Application #2011-023
Whereas, the owner of the property, EMG Properties, LLC, applied on October 5, 2011, to the Bethany Planning and Zoning Commission for a Site Plan Modification (#2011-023) to amend the landscaping plan for 437 and 443 Fairwood Road.
Whereas, EMG Properties, LLC had previously applied to the Commission to modify the originally approved landscaping plan via Application #2011-012;
Whereas, the Commission previously conducted a site visit on April 23, 2011, when it was reviewing the Application #2011-012;
Whereas, the Commission, at a regular meeting held on October 5, 2011, considered the plans, testimony and other pertinent application information;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The proposed Three (3) Sugar Maples and the Four (4) Hemlocks satisfy the intent of the original plan dated September 7, 2011.
Now Therefore Be It Resolved, that pursuant to Section 10.2.L.3 of the Bethany Zoning Regulations, amended to April 15, 2011, the Bethany Planning and Zoning Commission approves the modification to the landscaping plan to plant Three (3) Sugar Maples in front of 443 Fairwood Road and Four (4) Hemlocks on the northeast corner of the building, as shown on plans dated September 7, 2011 and with the following conditions:
1) The existing surety bond that is to expire in March shall be renewed in February.
2) All plantings shall be planted no later than the Spring of 2012.
3) The Hemlocks shall be protected and treated as necessary for woolly adelgid disease.
Voting were: Spear, Shurtleff, Winer, Brinton, Calhoun.
Vote 5 to 0.
Unanimous approval.
2) Preliminary discussion with John Paul Garcia regarding 6 Sargent Drive –
Present for this discussion were as follows:
John Paul Garcia, P.E./L.S.
Mr. and Mrs. Mike Patel
Michael J. Fox, of Fox Consulting Services
Attorney Brian Stone
Jeff Slapikas, Builder
A new proposal for a gas station and signage located at 6 Sargent Drive was presented to the Commission for discussion.
3) 18 Munson Road, Application #2011-024 submitted by RDC Holding LLC to construct an addition to building, parking and drainage –
The Commission formally received the application. Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.
The Commission received the following correspondence for this application:
Memo from Isabel Kearns, ZEO, dated July 13, 2011, Re: Review comments on plans dated June 1, 2011, for 18 Munson Road.
Copy of letter from SCC Regional Water Authority to the Inland Wetlands Commission, dated July 21, 2011, Re: Review comments on application for 18 Munson Road, construction of building addition.
Copy of letter from SCC Regional Water Authority to the Inland Wetlands Commission, dated August 19, 2011, Re: Comments addressed on revised plan dated July 15, 2011, 18 Munson Road.
Mr. Garcia briefly reviewed the proposed project noting:
· The applicant is proposing to add an addition to the building in the rear due to the purchase of a large sheet metal machine.
Isabel Kearns, ZEO, stated Mr. Garcia needs to submit an application for a Special Exception Permit for outside storage.
It was moved by Shurtleff and seconded by Winer to amend the agenda for the regular meeting of October 5, 2011, to accept the application submitted by Mr. Garcia for a Special Exception Permit for outside storage located at 18 Munson Road.
Voting were: Spear, Shurtleff, Winer, Brinton, Calhoun.
Vote 5 to 0.
Unanimous approval.
The Commission scheduled a public hearing date of Wednesday, November 2, 2011, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
4) Discussion with Christopher Stoyer regarding 100 Miller Road – 0% runoff, fire suppression and monuments delineating conservation easement –
Present for this discussion were Attorney Michael Alexander, representing Mr. Chris Stoyer, applicant, who was also present.
The Commission received a letter from Nafis & Young, dated October 3, 2011, Re: 100 Miller Road, comments have been addressed, drainage designed to meet zero increase in runoff.
Letter from Rod White, Fire Marshal, dated July 6, 2011, Re: Clarification as to the waiver request for a water source at 100 Miller Road, two-lot resubdivision.
Isabel Kearns, ZEO, stated the applicant has addressed the 0% runoff and the fire suppression water source.
Also Ms. Kearns recommended that due to the stream, Mr. Stoyer will place medallions on the trees for the conservation easement instead of the monuments in or next to the stream.
The Commission requested that a copy of the map reviewed by Nafis and Young, dated September 27, 2011, be submitted to the ZEO with the locations of the trees/medallions and requested the ZEO to prepare an approval letter for the next regular meeting for the Commission’s review and action. Tabled.
OLD BUSINESS
1. Proposed Bethany Zoning Regulation Amendment to Section 6 – Prohibited Uses. Add #6.28 – Signs with any type of internal lighting or internal illumination – Public hearing continued to November 2, 2011. Tabled.
2. Discuss increasing application fees – Tabled.
There being no further business to come before the Commission, it was moved by Shurtleff and seconded by Calhoun to adjourn the regular meeting at 8:50 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
Subscribe to:
Posts (Atom)