Bethany Conservation Commission

August 9, 2018

Unapproved Minutes

 

1. The meeting was called to order at 8:13 by Bruce Loomis.  Also in attendance were Brian Eitzer and Patsy Winer. Absent were Shaukat Khan, Cathy Rives and Matthew Popp.
2. The minutes of the previous meeting were not reviewed due to a lack of people who were present at the meeting.
3. There were no bills.  The correspondence consisted of issues of “The Habitat”; a thank you note from Rose Megyola (a Bethany Community School Conservation Award winner); a letter asking us to join the Connecticut Land Conservation Council; a letter about an upcoming sale of a Regional Water Authority property on Downs Road; and a Copy of the May/June Connecticut Wildlife.
4. Bruce updated us on the 2017-2018 budget in which we exceeded our budget by $ 90.72.  This amount will be moved into this year’s budget.
5. The remainder of the meeting was spent working on the Bethany Open Space Inventory.
6. Bruce moved to adjourn at 10:00 and Brian seconded.

 

Respectfully submitted,

 

Brian Eitzer

Secretary pro-tempore

MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR

MEETING OF MONDAY, AUGUST 13, 2018                                      Page 1 of 4       

The regular meeting of the Zoning Board of Appeals was called to order at 7:01 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

Roll call was taken.

 

The following Board Members were present:

            Thomas Magda, Vice-Chairman

            Thomas Mabry, Member

            Mark Stricker, Member

April Stirling, Alternate Member, seated as a voting member

Rob Huxley, Alternate Member, seated as a voting member

 

The following Board Members were absent:

            Margaret Foley, Member

            Nick Poulmas, Member

 

Also present was:  Isabel Kearns, Zoning Enforcement Officer

 

 

ELECTION OF OFFICERS

 

1.      It was moved by Stirling and seconded by Mabry to nominate Thomas Magda as Chairman of the Zoning Board of Appeals.

Unanimous approval.

 

2.      It was moved by Stricker and seconded by Stirling to close nominations and elect Thomas Magda as Chairman of the Zoning Board of Appeals.

Unanimous approval.

 

3.      It was moved by Stirling and seconded by Huxley to nominate Thomas Mabry as Vice-Chairman of the Zoning Board of Appeals.

Unanimous approval.

 

4.      It was moved by Stricker and seconded by Stirling to close nominations and elect Thomas Mabry as Vice-Chairman of the Zoning Board of Appeals.

Unanimous approval.

 

5.      It was moved by Magda and seconded by Stirling to proceed with the position of Secretary open.

Unanimous approval.

 

 

 

 

 

 

MINUTES

 

It was moved by Huxley and seconded by Magda to approve, as submitted, the minutes of the   July 31, 2017, Special Meeting.

Voting for:  Magda, Mabry, Stricker, Stirling, Huxley.

Unanimous approval.

 

 

BILL

 

It was moved by Huxley and seconded by Mabry to approve the payment of a bill for $125.00, dated August 13, 2018, from John McLeod for recording services for the public hearing         (515 Litchfield Turnpike).

Voting for:  Magda, Mabry, Stricker, Stirling, Huxley.

Unanimous approval.

 

 

CORRESPONDENCE RECEIVED:

A.      Letter from Isabel Kearns, ZEO, to David Sullivan, owner of 515 Litchfield Turnpike, dated July 30, 2018, Re:  Proposed addition.

B.      Connecticut Federation of Planning and Zoning Agencies, Quarterly Newsletter, Spring 2018.

C.      Connecticut Federation of Planning and Zoning Agencies, Quarterly Newsletter, Summer 2018.

 

 

 

PUBLIC HEARING  - 515 LITCHFIELD TURNPIKE

 

At 7:09 p.m., Chairman Magda opened the public hearing in regard to the application submitted by David Sullivan for a: 1) variance of Sections 3.4 and 4.1.B. of the Bethany Zoning Regulations for a 49.5 foot variance of the front yard setback to allow a 0.5 foot front yard setback from a public highway and a 2) variance of Section 3.4 and 4.1.C. of the Bethany Zoning Regulations for a 15 foot variance of the rear yard setback to allow a 35 foot rear yard setback located at 515 Litchfield Turnpike.

 

Chairman Magda read the legal notice for the public hearing.  Roll call was taken.

 

Present for this application was Robert White Jr., owner of Robert White Architect LLC of Bethany Connecticut, representing the applicant, David Sullivan.

 

 

 

 

 

Chairman Magda noted that the Board received the following items relative to the subject application.  Exhibit identification was assigned as noted:

1)      Exhibit 1A – “Certificate of mailing” dated August 1, 2018, listing addresses of the surrounding property owners within 100 feet of the property that were notified of this application and five Certified Mail Receipts.

 

2)      Exhibit 1B – Letter from Susan and Stephen Burt of 286 Carrington Road, Bethany, dated August 4, 2018, Re:  Support of application for variance located at 515 Litchfield Turnpike.

 

3)      Exhibit 1C – Letter from Dawn and Jordan Spark of 539 Litchfield Turnpike, Bethany, dated August 3, 2018, Re:  Support of application for variance located at 515 Litchfield Turnpike.

 

4)      Exhibit 1D – Letter from Ben Judd 25 Hilltop Road, Bethany, dated August 4, 2018, Re:  Support of application for variance located at 515 Litchfield Turnpike.

 

5)      Exhibit 1E – Three pages of photographs and floor plans for 515 Litchfield Turnpike.

 

 

Mr. White noted the following in discussion:

·         The entire existing house is within setbacks making the property undersized and unique.

·         David Sullivan grew up in the house and would like to restore and keep the house as it was.

·         A couple feet of the front of house on state land.

·         The cellar access will remain in center of house with no walk out basement.

·         Will need Quinnipiack Valley Health District approval to get building permits.

·         Removing the barn to further improve the nonconformity.

 

 

Some items noted by the Board Members were:

·         This proposal is not more nonconforming.

·         Applicant doesn’t need to prove hardship due to the property being nonconforming.

 

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

 

 

At 7:39 p.m., it was moved by Magda and seconded by Huxley to close the public hearing on the subject application.

Voting for:  Magda, Mabry, Stricker, Stirling, Huxley.

Unanimous approval.

 

 

 

 

DELIBERATION AND DECISION MAKING SESSION

 

515 LITCHFIELD TURNPIKE

 

Board members discussed the application and proceeded to deliberate.

 

It was moved by Huxley and seconded by Magda that the Bethany Zoning Board of Appeals grants the application of David Sullivan for the property located at 515 Litchfield Turnpike as shown on Assessor’s Map #124, Lot #18A for a: 1) variance of Sections 3.4 and 4.1.B. of the Bethany Zoning Regulations for a 49.5 foot variance of the front yard setback to allow a 0.5 foot front yard setback from a public highway and a 2) variance of Section 3.4 and 4.1.C. of the Bethany Zoning Regulations for a 15 foot variance of the rear yard setback to allow a 35 foot rear yard setback to build an addition.

 

This variance is granted subject to the following condition:

 

1.      The variance shall not be effective until a copy of it, certified by the Chairman or the Secretary of the Board, and containing a legal description of the subject property, and specifying the nature of the variance (including the Section of the Zoning Regulations being varied) is filed with the Bethany Town Clerk for recording on the Bethany Land Records by the applicant or owner. A copy of the recorded document shall also be filed with the Zoning Enforcement Officer.

 

Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings:

1.                  Special conditions and circumstances exist which are unique to the subject property and which do not affect generally the district to which it is situated.

2.                  The reasons set forth in the application justify the granting of the variance so as to make possible for the reasonable use of the land.

Vote 5 to 0.

Voting for:  Magda, Mabry, Stricker, Stirling, Huxley.

Unanimous approval.

 

ADJOURNMENT

 

There being no further business to come before the Board, it was moved by Stricker and seconded by Huxley to adjourn the regular meeting at 7:52 p.m.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For the Zoning Board of Appeals

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING ON MONDAY, JULY 23, 2018                                                                   Page 1 of 4

   

The regular meeting of the Inland Wetland Commission was called to order at 7:30 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:

         Kristine Sullivan, Chairman

         Brian Smith, Vice-Chairman

         Rob Huxley, Member

         Charles Clark, Alternate Member, seated as a voting member

 

The following members of the Commission were absent:

         Roger Hathaway, Member

         Nancy Scanlon, Member

 

 

NEW BUSINESS 

 

1.      Discussion with Susan and Dennis Marsh of 285 Sperry Road regarding building a barn for goats and to store farm tools (See letter submitted June 18, 2018) –

 

Present for this discussion were Susan and Dennis Marsh, owners of 285 Sperry Road.     

 

Commission members visited the site on June 9, 2018, and noted there is a seasonal stream that runs through the property, which is a critical natural resource and on the public drinking supply watershed for Lake Chamberlain. 

 

Some items of discussion were:

·         Structure will need a base.

·         Proposing to relocate barn to different location closer to driveway.

·         Commission would like to revisit property and see new location.

·         Storage and disposal of manure.

 

The Commission scheduled a site visit for Wednesday, August 1, 2018.  Commission members will meet at the site located at 285 Sperry Road for 5 p.m.

Tabled.

 

 

2.      HILLTOP ROAD, Application #1304 submitted by the Town of Bethany for an IW Permit to replace existing drainage/add to existing drainage –

 

The Commission formally received the application.  No one was present to speak on behalf of this application.

 

Chair Sullivan stated that the First Selectman has engaged the services of Diversified Technology Consultants.

 

 

Mr. Ben Judd of 25 Hilltop Road was present and had a concern with the water flow and the tentative spots for the drains.  Mr. Judd feels the drains were marked inappropriately and would like to suggest where they should be located.  Mr. Judd will mark map with his locations.

 

The Commission would like to conduct a site visit and will schedule a site visit at the end of the meeting. 

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, August 27, 2018.  Tabled.

 

3.      HOPP BROOK ROAD AND HOPP BROOK LANE, Application #1305 submitted by the Town of Bethany for an IW Permit to replace existing drainage/add to existing drainage –

 

The Commission formally received the application.  No one was present to speak on behalf of this application.

 

The Commission would like to conduct a site visit and will schedule a site visit at the end of the meeting. 

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, August 27, 2018.  Tabled.

 

4.      BROOKS ROAD FROM CARMEL TO THE TOWN LINE, Application #1306 submitted by the Town of Bethany for an IW Permit to replace existing drainage/add to existing drainage –

 

The Commission formally received the application.  No one was present to speak on behalf of this application.

 

The Commission would like to conduct a site visit and will schedule a site visit at the end of the meeting. 

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, August 27, 2018.  Tabled.

 

5.      545 AMITY ROAD, Application #1307 submitted by Denise Manzari for an IW Permit to expand kitchen/bedroom –

 

Present to speak on behalf of this application was Denise Manzari, applicant and owner of record.

 

Commission members discussed.  Ms. Manzari is proposing to bring out kitchen and bedroom approximately 10 feet.  The Commission anticipates there will not be any adverse impact on the wetlands between the church and driveway.

 

 

It was moved by Huxley and seconded by Clark that there is no Inland Wetlands permit required and that the property owner shall remove material from the site from the excavation.

Voting for:  Sullivan, Smith, Huxley, Clark.

Unanimous approval.

 

 

6.      40 MUNSON ROAD, Application #1308 submitted by JTH Builders LLC for an IW Permit to transfer IW Permit #1152 for a residential site development –

 

The Commission formally received the application.  Present to speak on behalf of this application was Jad Harb of JTH Builders LLC, applicant, representing the property owner Amy Conte.

 

Chair Sullivan stated that a letter is needed from the previous property owner, Robert Marinko, Jr., stating his consent to transferring Inland Wetlands Permit #1152 to the current property owner, Amy Conte.

 

It was moved by Clark and seconded by Huxley to approve the transfer of Inland Wetlands Permit #1152 to the current property owner, Amy Conte, subject to receipt of a letter from previous property owner, Robert Marinko, Jr., consenting to transfer permit to current property owner.  Also, the Commission granted a four-year extension.  The expiration date will now be      September 27, 2023.

Voting for:  Sullivan, Smith, Huxley, Clark.

Unanimous approval.

 

 

 

OLD BUSINESS

 

NONE

 

 

 

APPROVAL OF MINUTES

 

1)      It was moved by Smith and seconded by Huxley to approve, as submitted, the minutes of the June 18, 2018, Special Meeting.

Voting for:  Sullivan, Smith, Huxley, Clark.

Unanimous approval.

 

 

 

 

 

 

BILL

 

1)      It was moved by Huxley and seconded by Smith to approve the payment of an invoice from Davison Environmental LLC dated July 2, 2018, in the amount of $400.00 for professional services for 198 Pole Hill Road.

Voting for:  Sullivan, Smith, Huxley, Clark.

Unanimous approval.

 

 

CORRESPONDENCE

 

1)      Letter from Susan and Dennis Marsh submitted June 18, 2018, Re:  285 Sperry Road, expand farm, as-of-right.

 

 

PUBLICATIONS AND WORKSHOPS

1)      The Habitat, Spring/Summer 2018.

 

 

SCHEDULE SITE VISIT

The Commission scheduled a site visit for Wednesday, August 8, 2018.  Members to meet at Hopp Brook Road for 5 p.m.  Sites to be visited are as follows:

·         Hopp Brook Road and Hopp Brook Lane

·         Hilltop Road

·         Brooks Road from Carmel Road to the Town line

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Smith          and seconded by Clark to adjourn the regular meeting at 8:20 p.m.

Voting for:  Sullivan, Smith, Huxley, Clark.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For Inland Wetlands Commission

 

BOARD OF SELECTMEN

JULY 9, 2018

Page 1 of 1

 

DRAFT

Attendance:  First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Clark Hurlburt

Visitors:  Norman Cole

First Selectwoman Gorski called the meeting to order at 7:30 p.m.  The meeting was held in the Conference Room of the Bethany Town Hall.  All present stood for the Pledge of Allegiance as the first order of business.

APPROVAL OF MINUTES

First Selectwoman Gorski called for a motion to approve the minutes of the meeting of June 25, 2018.  The motion of approval was moved by Selectman Shea and seconded by Selectman Hurlburt.  First Selectwoman Gorski moved to amend the minutes as follows:  of Bethany to award the debris removal and debris grinding bid to Nature’s Harvest which bid an hourly rate for labor and machinery rather than a cost per cubic yard and to include “not to exceed $350,000” in the contract.  This allows the town  better control of costs and is pursuant to the Code of Ordinances of the Town of Bethany 12-1 and is in accordance with Connecticut General Statutes Section 28-8a.  The minutes were then approved on a unanimous vote. 

NORMAN COLE – 89 CARRINGTON ROAD DRAINAGE PROBLEM

Norman Cole was present to ask permission to correct a drainage problem on his property by connecting into the Town road drains.  Inland Wetlands had approve this drainage correction when it was brought before their Board.  Following discussion and review of the map Selectman Hurlburt moved a motion to approve this plan for drainage as submitted.  Selectman Shea moved a motion to approve this modification as presented.  The vote taken was unanimous.

COMMUNITY SCHOOL TELEPHONE SYSTEM

The Bethany Board of Education has recommended the firm of Allied Communications to replace the telephone system at the Bethany Community School.  Following discussion Selectman Shea moved to approve the bid of Allied Communications to repace the telephone system at the Bethany Community School.  Selectman Hurlburt seconded the motion.  The vote taken was unanimous.

OTHER MATTERS PROPER TO COME BEFORE THE MEETING

The Selectmen approved to plan of Raymond Pantalone to put flowers and mulch with pavers in the front of the Town Hall.

First Selectwoman Gorski announced that tree and brush would begin next week.

ADJOURNMENT

Adjournment was called at 7:50 p.m. after a motion was moved by Selectman Shea and seconded by Selectman Hurlburt.  The vote taken was unanimous.

 

                                                                                                Respectfully submitted,

                                                                                                June G. Riley

                                                                                                Secretary, Board of Selectmen