The regular meeting of the Planning and Zoning Commission was called to order at 7:05 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

The following Commission Members were present:

            Kimberly McClure Brinton, Chair

            Michael Sullivan, Vice-Chair

            Michael Calhoun, Member and Secretary

            Donna Shea, Member

            Brad Buchta. Alternate Member

Carol Lambiase, Alternate Member, seated as a voting member

            Eric McDonald, Alternate Member

 

The following Commission Member was absent:

            Doug Goldner, Member

 

Also present were:

             Hiram Peck, Planning Consultant

             Isabel Kearns, Zoning Enforcement Officer

             Kevin McSherry, Town Attorney

 

 

APPROVAL OF MINUTES                

            

1. It was moved by Calhoun and seconded by Lambiase to approve the minutes of the April 24, 2017, Special Meeting with the following amendment:

• Bold title – Change from Regular meeting to Special meeting.
  Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.

      Unanimous approval.

 

1. It was moved by Calhoun and seconded by Shea to approve the minutes of the May 10, 2017, Special Meeting with the following amendments:

• Page 4 – third paragraph – sixth bullet – second sentence – Reads “There is change regarding fencing – 4 feet high around the fields to keep cars off and an increase net size along Amity Road and 49 feet net to keep balls out of the road.” Change to “There is a change regarding fencing – 4 feet high around the fields to keep cars of and an increased net size along Amity Road and 40 feet net to keep balls out of the road.”
  Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.

Unanimous approval.

 

 

 

 

 

 

 

BILLS

 

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

Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.

Unanimous approval.

 

1. It was moved by Calhoun and seconded by Sullivan to approve the payment of a bill for $125.00, dated for June 7, 2017, from Anne Sohon for recording services for the public hearing (41 Marion Road).
   Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1. Letter from Isabel Kearns, ZEO, to 667 Amity Road, LLC (soccer club), dated May 5, 2017, Re:  Cease and Desist Order for 667 Amity Road, rock crushing.
2. Letter from Isabel Kearns, ZEO, to Susan Purcell of 314 Down Road, dated May 9, 2017, Re:  Notice of Violation, discarded debris located at 317 Downs Road.
3. Letter from Isabel Kearns, ZEO, to 667 Amity Road, LLC (soccer club), dated May 16, 2017, Re:  Release of Cease and Desist Order, dated May 5, 2017, crusher removed from 667 Amity Road.

 

PUBLICATIONS AND WORKSHOPS

 

1. Connecticut Federation of Planning and Zoning Agencies, Quarterly Newsletter, Spring 2017.
    
    
   PUBLIC HEARING CONTINUATION

 

• 41 MARION ROAD, Application #2017-005 submitted by Mary Isbell for a Special Exception Permit for an Accessory Apartment –
   

At 7:16 p.m., Chair Brinton called the public hearing to order.   Roll call was taken.  Chair Brinton read the legal notice for the public hearing. 

 

Present to speak on behalf of the application was Mary Isbell, applicant and owner of record

 

Ms. Isbell noted in discussion:

• Bought home in 2015 with husband, just had a baby, and her mother will be moving in.
• Deck existed and will be using for the addition.
• No larger footprint on the house.

 

 

Chair Brinton asked if anyone from the public would like to speak in favor of the application or against the application.   There were no comments.

 

Hiram Peck, Planning Consultant, stated an affidavit renewing the accessory apartment yearly is required and if the house if ever sold, the new buyer will have to notify the Town.

 

At 7:25 p.m., it was moved by Sullivan and seconded by Calhoun to close the public hearing on the subject application.

Unanimous approval.

 

 

NEW BUSINESS

 

1. 162 FALLS ROAD, Application #2017-006 submitted by Elizabeth H. Evans for a Home Occupation Permit – Consultant (biologist/soil scientist) –

 

The Commission formally received the application.  Present to speak on behalf of the application was Beth Evans, applicant and owner of record.

 

Ms. Evans noted in discussion:

• Will be moving business from Amity Road to home.  Will be putting office at Amity Road on the market.
• Will put office in basement of home.
• Very rare that she gets clients, she is mostly in field working.
• There will be no parking on road.

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members reviewed and proceeded to deliberate.  It was moved by Calhoun and seconded by Sullivan to approve the following resolution for Application #2017-006:

 

Whereas, Beth Evans, applicant, applied to the Planning and Zoning Commission on June 7, 2017 for a Home Occupation Permit to operate Evans Associates Environmental Consulting, Inc. from the basement of her home located at 162 Falls Road;

 

Whereas, the Commission at its regular meeting of June 7, 2017 considered the statement of use, narrative, testimony and other pertinent application information relating to this Home Occupation Application;

 

Now Therefore, the Commission makes the following findings of fact and decision regarding this application:

 

1. Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on May 26, 2017, indicating her approval.
    
    
    
2. Rod White, Fire Marshal, signed off on the back of the application form indicating his approval on May 31, 2017.
3. The Commission received a letter dated May 30, 2017, from Ronald Walters, representative of the South Central Connecticut Regional Water Authority, in which he states he has no comment.
    
   Now Therefore Be It Resolved, that pursuant to Section 4.3.E.4.b. of the Town of Bethany Zoning Regulations, amended to October 30, 2015, the Bethany Planning and Zoning Commission approves the application of Beth Evans for a Home Occupation Permit to operate Evans Associates Environmental Consulting, Inc. from the basement of her home located at 162 Falls Road, as per the testimony at the June 7, 2017 Regular Meeting and as outlined in the Statement of Use dated May 31, 2017.
   Vote:  5 to 0.
   Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.
   Unanimous approval.
    
    

1. 300 BEAR HILL ROAD (BVFD Hinman Station), Application #2017-007 submitted by Pyramid to install a 100-foot monopole radio antenna for public safety –

 

The Commission formally received the application. 

 

Member Sullivan recused himself from acting on this application and spoke on behalf of the Bethany Volunteer Fire Department.  Member Sullivan stated this application is one of three sites for larger antennas to give maximum coverage in the area for public safety.  The new antenna will be located in same area as old antenna in the southeast corner of property.

 

Town Attorney Kevin McSherry stated this antenna is designed to be most effective for Bethany and will give good coverage.

 

It was moved by Calhoun and seconded by Shea to schedule a public hearing date at the next Regular Meeting on Wednesday, July 5, 2017, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall.

Unanimous approval.

 

 

1. 667-687 AMITY ROAD (Soccer Club), submitted by John Garcia, revised drawings and update –

 

Present for this discussion was John Paul Garcia, P.E./L.S. and A.J. Grasso, builder.  Mr. Garcia submitted the following revised plans with a letter explaining the changes dated June 5, 2017:

• “Stormwater Management and Layout Plan”, dated February 3, 2016, revised to May 31, 2017.
• “Lighting and Landscaping Plan”, dated February 3, 2016, revised to May 31, 2017.
   

 

Mr. Garcia noted in discussion:

• Moving building footing over a little due to bank building.
• Adding fencing.
• Hauling fill off site, no crushing.
• No change in lighting.  No field lighting; only in parking lot.

 

The Commission had some concerns with the fencing and netting.  Mr. Garcia will submit photographs of similar facilities with fencing and netting.  Mr. Garcia will also submit the landscaping plan for in front of the building. 

Tabled.

 

 

OLD BUSINESS

 

1. 41 MARION ROAD, Application #2017-005 submitted by Mary Isbell for a Special Exception Permit for an Accessory Apartment –
    

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members reviewed and proceeded to deliberate.  It was moved by Sullivan and seconded by Calhoun to approve the following resolution for Application #2017-005:

 

Whereas, Mary Isbell and Devin Vargo, owners of 41 Marion Road, applied to the Commission on May 3, 2017, for a Special Exception Permit for a 576 square foot accessory apartment to be located within an new addition of the existing home located at property known as 41 Marion Road;

 

Whereas, the Planning and Zoning Commission opened a public hearing on Application #2017-005 for a Special Exception Permit for an accessory apartment located at 41 Marion Road at their regular meeting of June 7, 2017.  Said hearing was closed at the conclusion of testimony that same evening;

 

Now therefore, the Planning and Zoning Commission makes the following findings of fact and decisions regarding the application:

1. Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on May 31, 2017, indicating her approval.  Permit #1914 had been previously issued for this use.
2. The Commission received a letter dated June 7, 2017, from Ron Walters, South Central Connecticut Regional Water Authority Representative, in which he states he has no comments.
3. Roderick White, Fire Marshal, signed off on the back of the application form on May 31, 2017 indicating his approval.

 

 

 

 

 

4. The application and Statement of Use dated January 6, 2017, demonstrates that the proposed accessory apartment would contain only 576 square feet of living space, and the Town of Bethany Zoning Regulations allow a maximum of 700 square feet of living space.

 

Now Therefore Be It Resolved, that pursuant to Section 4.4.J. of the Bethany Zoning Regulations, amended to October 30, 2015, the Bethany Planning and Zoning Commission approves the application of Mary Isbell and Devin Vargo for a Special Exception Permit for a 576 square foot accessory apartment (#2017-005) as shown on the floor plan dated May 20, 2017, and as per the statement of use dated May 20, 2017;          

 

And with the following conditions:

 

1. The owner of the property shall provide to the Commission an annual affidavit, due prior to occupancy of the apartment and during the month of January each year, to the effect that the accessory apartment continues to be in full compliance with Section 4.4.J. of the Bethany Zoning Regulations.
2. A building permit for the accessory apartment must be submitted and approved by the building official prior to the continuance of construction.
   Vote:  5 to 0.
   Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.
   Unanimous approval.

 

 

1. 755 AMITY ROAD (Airport property), Application #2017-004 submitted by Town of Bethany for a sign permit (hangar) –
    
   Hiram Peck, Planning Consultant, prepared a report on the signage at the airport in an email dated June 5, 2017.  Mr. Peck reviewed with the Commission.
    
   Kevin McSherry, Town Attorney, suggested he will speak to the Board of Selectmen on the sign issue.
    
   Hiram Peck, Planning Consultant, stated the proposed sign is very close to the original sign and hangar.
    
   Commission members discussed and proceeded to deliberate.  It was moved by Sullivan and seconded by Lambiase to approve Application #2017-004 submitted by the Town of Bethany for affixed signage on the hangar building as per testimony and as shown on the plan submitted on March 13, 2017.  This application is approved specifically without regard to the freestanding signage at the Airport Property, which Staff will continue to work on.

Vote:  5 to 0.

Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.

Unanimous approval.

 

 

1. Proposed amendment to Section 7 – Signs and Parking & Loading Regulations – to add Subsection 7.3.1 – Special Exception for lighted signs in the B&I Zone - Public hearing scheduled for December 7, 2016 –
    
   Hiram Peck, Planning Consultant, submitted a revised draft of Sign Regulations dated April 22, 2017.  Mr. Peck asked Commission members for guidance as to what they would like for Section 7.3.1. in regard to lighted signs.  Commission members discussed the proposed regulation and made suggestions.  Mr. Peck will restructure the proposed regulations with the comments from the Commission.
   Tabled.

 

1. Discussion regarding accessory apartments –Tabled. 

 

 

ZONING ENFORCEMENT OFFICER’S REPORT –

Isabel Kearns, ZEO, submitted report on Building Permits, dated June 6, 2017, and Site Inspections.

 

OTHER BUSINESS

• Member Calhoun stated the South Central Regional Planning Commission is working on the Conservation & Development Plan and there is a questionnaire for Commission members that he will email to clerk.
• The Commission commended Member Sullivan, who is leaving the Commission, for all his valuable contributions to the Commission.
• Chair Brinton mentioned she spoke with Bruce Loomis of the Conservation Commission and a joint conversation with the Conservation Commission will be added to the agenda for the July 5, 2017 Regular Meeting.
   
   

ADJOURNMENT

 

It was moved by Calhoun and seconded by Shea to adjourn the regular meeting at 9:00 p.m.

Voting for:  Brinton, Sullivan, Calhoun, Shea, Lambiase.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission

 

BOARD OF FINANCE

BUDGET HEARING

APRIL 24, 2017

Page 1 of 2          

 

DRAFT

 

Chairman John Grabowski called the Budget Hearing for the Board of Finance to order at 7:05 p.m.

The first order of business was to introduce the members of the Board of Finance present.  They were John Grabowski, Chairman, Sally Huyser, Sharon Huxley, John Ford IV, Melissa Spear, Robert Brinton Jr.

 The Hearing was held in the Bethany Town Hall Gym.  John gave a presentation for the expenditure side of the budget for 2017-18.  John explained that the tax collection should be $315,885 over the budget for fiscal year 2016-17.  There will be a surplus in the Amity budget that will be returned to the towns.  Our General Fund balance presently is 13.80 % of expenditures.   Towns still do not know if they will lose revenue from the State of Connecticut because of the deficit in the Teachers Retirement Fund and reduction in other State grants.  The present mill rate of 35.5 mills could increase to as much as 38.5 mills because of the reduction in other revenue and the teacher’s pension assessment from the State of Connecticut.   In fiscal year 2017-18 the towns will be paying 100% of the cost of a Resident Trooper’s salary and expenses. 

Chairman Grabowski then opened the Budget Hearing for comments and questions from the residents in attendance.

Aileen Kelly – Aileen a former teacher explained that teachers had contributed to the fund and now the State of Connecticut has borrowed from the fund.  The State should not access the Towns for their poor mismanagement.

Eric McDonald questioned how much has the Town spent of tax payer’s money for tree removal?  How many trees have been removed?  The Town has spent the $100,000 appropriated for this purpose. 
Eversource has been working to remove dead trees on the power line side of roads. When complete they will have trimmed or removed trees on 72 miles of Bethany roads.  Eric asked if the money appropriated had all been spent?  He was told that it had been.

Attorney McSherry explained the process the Town would have to follow if the Revenue portion of the budget were not complete by the Annual Town Meeting. 

First Selectwoman Gorski spoke regarding the problem with setting the mill rate if the Revenue portion of the budget is not complete.  We could be over taxing residents if we do not have final numbers.  

Carol Lambiaze asked what the balance was in the Land Acquisition Fund.  She was told there is approximately $192,000 in the account.

Patsy Weiner asked for some details about the Elementary School budget.

Chris Pittenger explained details of the Elementary School budget. Their budget has not increased in four years.  Since enrollment is down they have been able to reduce staff even though contractual expenses have increased.  The present enrollment is 342.  There will be 14 less students for next year. 

Shawn Uscilla asked if we have cut our administrative staff.  He was told we have not.

Dawn Stark spoke about keeping our real estate values up if we maintain a good school system.

Bruce Loomis asked as Chairman of the Conservation Commission, if the Land Acqisition budget could be increased to $100,000 and let the voters decide at the Town Meeting

David Forman commented that people should not put Land Acquisition against the education budget.

Janice Howard commented that the school staff has worked well with the Park and Recreation Department.

Jim Seaton commented that the Board of Finance had done a good job putting the budget together with the burden the State had caused.

With no further comments Chairman Grabowski called for adjournment of the Budget Hearing at 8:10 p.m.

 

 

                                                                                                                Respectfully submitted,

                                                                                                               

                                                                                                                June G. Riley

                                                                                                                Clerk, Board of Finance

J

 

 

BOARD OF FINANCE

SPECIAL MEETING

MAY 2, 2017

 

DRAFT

 

Attendance:  John Grabowski, Chairman, Robert Brinton, Jr., Sally Huyser, Melissa Spear, Sharon Huxley, John Ford IV.

 

Visitors:  Colleen Murray, Tim Charron, Sue Carpenter, Andre Puleo Ordonez, Dawn Stark

Guests:  First Selectman, Derrylyn Gorski, Finance Manager, Thomas Broesler

 

Chairman Grabowski called the meeting to order at 7:11PM.

 

APPROVAL OF MINUTES

Chairman Grabowski called for a motion to approve the draft minutes of the meeting of March 28, 2017.  Robert Brinton suggested amendments to the minutes of March 21, 2017 as follows:  “The BOF discussioned options if the state budget were not completed before the Annual Town Meeting, we should add and added the amount of any expected school building grant reimbursement to the list of information requested.” 

 

Under the Chairman’s Report:  “I believe that Bethany’s share of Amity’s budget for next year is expected to be $99,166 less than this year and tht the Amity Board voted to postpone an HVAC replacement project and to return 100% of this year’s surplus to the towns next year (the total expected surplus is about $800,000).”  The motion was moved by Robert Brinton and seconded by Sally Huyser to approve the minutes with the changes as submitted by Mr. Brinton.  The minutes were approved on a unanimous vote. 

 

Chairman Grabowski called for a motion to approve the draft minutes of the meeting of April 6, 2017.  A motion was moved by Robert Brinton and seconded by Sally Huyser.  The minutes were approved on a unanimous vote without modification.

 

Chairman Grabowski called for a motion to approve the draft minutes of the meeting of April 11, 2017.  A motion was moved by John Ford and seconded by Melissa Spear.  The minutes were approved on a unamimous vote with one (1) abstension and without modification.

 

Chairman Grabowski tabled the approval of the draft minutes of the April 24, 2017 Budget Hearing.

 

 

 

CHAIRMAN’S REPORT

Chairman Grabowski reminded the Board that the Amity Budget Referendum is Wednesday, May 3, 2017.  He stated that the objective for this night is to finalize what will be presented to the electorate at the Annual Town Meeting on Monday, May 15, 2017 at 7PM.  Melissa Spear asked for a copy of the Power Point Presentation that was used at the Public Hearing.  Chairman Grabowski said he will provide it to the Board.

 

TAX COLLECTOR’S BUDGET

Robert Brinton asked that since the Assistant Tax Collector received an increase due to State Certification in FY16-17, should there be a budget decrease in FY17-18 as the incoming assistant will likely not be certified?  First Selectman Gorski said she would like to leave the budget as is in order to hire a Certified Assistant Collector if the opportunity presents itself.

 

LAND ACQUISITION FUND

Melissa Spear suggested and Sally Huyser agreed that there was enough support at the Public Hearing on April 24, 2017 in favor of raising the Land Acquisition Fund to $100,000 and recommended that the Board do so.  They agreed that the matter should be decided by the electorate at the Annual Town Meeting.  There was no further discussion.

 

GENERAL SALARY INCREASES

The Board questioned how salary increases are determined.  Mr. Broesler stated that the salary increases for DPW are based on the negotiated contract.  But for non-bargained for employees, the percentage of increase, if any, is recommended by the Board of Finance and voted on by the electorate.  It is applied uniformly across the board to all non-bargained for employees.  There are no “merit” increases per se.  However, if an employee receives state certification pertaining to his or her job, an increase is then recommended.  Robert Brinton said that the auditors commented that they were unable to obtain a list of town employee salaries.  Mr. Broesler said he was never asked to provide a list of salaries to the auditors.

 

MEDICAL INSURANCE

First Selectman Gorski said that she reduced this line item for the 2017-18 budget to $516,150 down from $552,500.

 

AMITY REGIONAL H.S. BUDGET REFERENDUM

The Special Education aid to the town by the state is included in the dollar amount being voted on in Wednesday’s referendum.  This money will be reimbursed to the Region once received by the town.  It will be added to Revenues and then offset as an Expense.  Going forward Mr. Broesler said he will create separate line items for Special Education in Expense and Revenue.  He said it will be Amity’s responsibility to return any unused funds to the state if this aid is not fully used as expressly granted.

 

DPW BUDGET

Sharon Huxley asked for assurance that Tree Service and Contracted Services line items would be carried throughout the 2017-18 budget as separate line items and not totaled together under Contracted Services.  Mr. Broesler assured her it would be separated in 2017-18.

 

 

FUND BALANCE

Mr. Broesler said there is $900,000 in the fund balance that can be used to fund the Land Acquisition Fund or any other non-recurring expense.  Robert Brinton recommended that one-third to one-half be used for some non-recurring expenses.

 

PROPOSED MILL RATE

Chairman Grabowski recommended waiting until the next Board of Finance meeting on June 13, 2017 to set the mill rate as there should be additional information from the state to work with by then.  He recommended the proposed mill rate of 37.9 as called out on the proposed budget for 2017-18 as soon as revenues are known. 

 

Chairman Grabowski called for a motion to approve the proposed budget for FY 2017-18.  A motion was moved by Sally Huyser and seconded by Melissa Spear.  The motion was approved by a vote of 5 to 1 with Robert Brinton voting No.

 

Chairman Grabowski called for a motion to approve the use of LoCIP financing for capital projects unless LoCIP funding is cut by the state.  A motion was moved by Sally Huyser and seconded by Robert Brinton.  The motion was approved unanimously.

 

SUSPENSE LIST

The Suspense List was tabled until the June meeting.

 

The next meeting is Tuesday, June 13, 2017 at 7PM.

 

ADJOURNMENT

Adjournment was called at 8:10PM after a motion was moved by Sally Huyser and seconded by Melissa Spear.

 

Respectfully submitted,

Frances K. Doba

Substituting for June G. Riley, Clerk, Board of Finance