BOARD OF SELECTMEN

JANUARY 14, 2019

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DRAFT

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

Visitors:  Attorney Kevin McSherry joined the meeting at 8:25 p.m.  Stephen Cassella, John Garcia, Timothy Carr

First Selectwoman Derrylyn Gorski called the meeting of the Board of Selectmen to order at 7:35 p.m.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.  The meeting opened with the Pledge of Allegiance.

APPROVAL OF MINUTES

First Selectwoman Derrylyn Gorski called for a motion of approval for the minutes of December 11, 2018.  The motion of approval was moved by Selectman Shea and seconded by Selectman Hurlburt.  The vote taken for approval without change was unanimous.

TAX REFUNDS

 Selectman Shea moved a motion to refund to 119 RT 63 Associates LLC the sum of $124.90, to J P Morgan Chase Bank the sum of $447.67, to Nissan Infiniti, LT the sum of $235.20 and to Sylvie R or Scott S. Davis the sum or $15.83 all for overpaymet of taxes.  Selectman Hurlburt seconded the motion.  The vote taken was unanimous.  

REQUEST FOR REDUCTION OF LAKEVIEW LODGE RENTAL FEE

No communication was received regarding a request to lower rental fee, for a disabled veteran, for rental of Lakeview Lodge.  The matter was tabled.

NON-PERMITTED TYING INTO THE TOWN’S DRAINAGE SYSTEM

 

John Garcia, engineer for Stephen Cassella of Castleberry Construction was present to explain the request to connect run off drainage from 198 Pole Hill Road, which is a lot within a subdivision that was approved in 1993, to the Town’s drainage system.  He is making a similar request for 374 Bethmour Road.  Following discussion and review of maps Selectman Shea moved a motion to permit the tying in of drainage from 198 Pole Hill to the drainage system of the Town.  Selectman Hurlburt seconded the motion.  The vote taken was unanimous.  The Selectmen tabled the approval of drainage for 374 Carrington Road. 

 

APPOINT DEPUTY TREE WARDEN

 

Raymond Pantalone, Tree Warden is away until the first of April.  He recommended Seth Harkness to act as Deputy Tree Warden until he returns.  Selectman Hurlburt moved the motion to appoint Seth Harkness as Deputy Tree Warden until Raymond Pantalone returns the first of April.  Selectman Shea seconded the motion.  The vote taken was unanimous.

 

 

 

 

 

EXECUTIVE SESSION TO DISCUSS CONTRACTS

 

At 8:10 p.m. Selectman Hurlburt moved a motion to go into executive session to discuss contracts and to invite June Riley and Timothy Carr to stay for the executive session.  At 8:20 p.m. Selectman Clark Hurlburt moved a motion to exit the session.  The vote taken was unanimous.

 

Selectman Shea moved a motion to spend up the $2,500 to video the wells of 17, 25 and 67 Knollwood Road to analysis the high sodium problem in the wells.  Selectman Hurlburt seconded the motion.   The vote taken was unanimous.

 

CORRESPONDENCE

 

The Selectmen reviewed a letter received from the residents at the corner of Miller Road and Fatima Drive.  The resident is asking that a dangerous large evergreen tree be taken down by the Town.  This tree is on Town property near their house.  Ray Pantalone had looked at this tree and determined that it was a healthy tree.

 

ADJOURNMENT

Adjournment was called at 8:35 p.m. following a motion made by Selectman Hurlburt and seconded by Selectman Shea.  The vote taken was unanimous.

 

                                                                                                Respectfully submitted,

 

                                                                                                June G. Riley

                                                                                                Secretary, Board of Selectmen

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              

 

MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR

MEETING OF MONDAY, JANUARY 14, 201

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 Mabry, Vice-Chairman, Acting as Chairman

            Margaret Foley, 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 Member was absent:

            Thomas Magda, Chairman

            Nick Poulmas, Member

 

Also present were:  Isabel Kearns, Zoning Enforcement Officer

                                Kevin McSherry, Town Attorney

 

 

MINUTES

 

It was moved by Foley and seconded by Huxley to approve, as submitted, the minutes of the December 10, 2018, Regular Meeting.

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

Unanimous approval.

 

 

BILL

 

It was moved by Foley and seconded by Huxley to approve the payment of a bill for $125.00, dated January 14, 2019, from Donna Cahill for recording services for the public hearing           (41 Green Hill Road).

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

Unanimous approval.

 

 

PUBLIC HEARING – 41 GREEN HILL ROAD

 

At 7:04 p.m., Acting-Chairman Mabry opened the public hearing in regard to the application submitted by Peter Kaminski and Julianne Stach for a Zoning Appeal of improper interpretation of the Bethany Zoning Regulations, Section 4.2 regarding a Cease and Desist Order, dated November 15, 2018, for outside storage.

 

              

Roll call was taken.  Acting-Chairman Mabry read the legal notice for the public hearing that was published in the New Haven Register.

 

All Board Members seated stated they visited the site.

 

Present to speak on behalf of this application were Attorney Thomas Lynch, office located in Milford, Connecticut, representing the applicants and owners of record, Peter Kaminski and Julianne Stach, who were also present.

 

Attorney Lynch noted the following on behalf of the applicants:

·         Owners would like to heat house with wood.

·         Intent is to have wood delivered to their property; Mr. Kaminski splits the wood and then stacks the wood on his property for use in the wood burning stove.

·         Referenced the two sections of the Zoning Regulations that were cited in the Cease and Desist Order, dated November 15, 2018, from the ZEO and that they were irrelevant to what his clients are doing with using wood to heat their home.

·         Will not be getting anymore wood deliveries.

·         Dealing with a natural resource to heat their home.

·         Asking for reversal of ZEO Decision and are willing to work with the Board to come to a solution.

 

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

1)      Exhibit 1A – Submitted by Attorney Lynch, Packet including copy of Cease and Desist Order dated November 15, 2018; copy of Page 18 and Page 19 of the Bethany Zoning Regulations and a copy of receipt from Connecticut Outdoor Wood Furnaces for purchase of Log Splitter by Peter Kaminski and Julianne Stach, dated November 17, 2018.

2)      Exhibit 1B – Submitted by Attorney Lynch, copy of photograph of property at 41 Green Hill Road.

3)      Exhibit 1C – Submitted by Attorney Lynch, copy of photograph of property at 41 Green Hill Road.

4)      Exhibit 1D – Submitted by Attorney Lynch, copy of photograph of unidentified property in Bethany with wood pile.

5)      Exhibit 1E – Submitted by Attorney Lynch, copy of photograph of unidentified property in Bethany with wood pile.

6)      Exhibit 1F – Submitted by Attorney Lynch, copy of photograph of unidentified property in Bethany with wood pile.

7)      Exhibit 1G – Submitted by Attorney Lynch, copy of photograph of unidentified property in Bethany with wood pile.

8)      Exhibit 1H – Submitted by Attorney Lynch, copy of photograph of unidentified property in Bethany with wood pile.

9)      Exhibit 1”I” – Submitted by Isabel Kearns, Zoning Enforcement Officer, of two colored photographs of property at 41 Green Hill Road.

 

 

 

10)  Exhibit 1J – Memo from Lidia Butzky of 33 Green Hill Road, to Town of Bethany.

11)  Exhibit 1K – Memo from Lidia Butzky of 33 Green Hill Road, dated January 8, 2019.

 

Isabel Kearns, ZEO, stated this was not a random inspection and that she had received complaints from neighbors regarding the storage of tree trunks.  Ms. Kearns submitted       Exhibit 1”I”. 

 

Acting-Chairman Mabry asked if anyone from the public would like to speak to have the Cease and Desist Order reversed or modified.  The following resident spoke:

·         Brian Ferraro of 30 Green Hill Road.

 

Acting-Chairman Mabry asked if anyone from the public would like to have the order sustained as is.  The following residents spoke:

·         Karen Stephens of 18 Green Hill Road.

·         Chuck Doerrler of 56 Green Hill Road.

·         John Ellison of 55 Green Hill Road.

·         Ron Farrell of 49 Green Hill Road.

 

Some items noted by the Board Members were:

·         Wood will be the main method of heating the house.

·         With no more wood being delivered, the wood now on the property will be stacked by the Summer of 2019.

·         Should consider times of splitting the wood and the covering of the wood. 

·         The way the wood is stored is important. 

 

Town Attorney Kevin McSherry recommended the Board continue the public hearing to the regular meeting scheduled for Monday, March 11, 2019.  Also, Attorney McSherry recommended that Staff discuss with Attorney Lynch and his clients on possible proposals. 

 

Attorney McSherry stated that some perimeters need to be set as follows:

·         Splitting to take place on Sundays no earlier than 10:00 a.m. and no later than 4:00 p.m.

·         Tarping of the wood that is there now either with a brown tarp or green tarp.

 

Attorney Lynch will email the ZBA Clerk with the agreement from his client’s to continue the public hearing to the March 11, 2019, ZBA meeting.

 

At 8:17 p.m., it was moved by Stirling and seconded by Foley to recess the public hearing and continue it to the regular meeting on Monday, March 11, 2019, at 7:00 p.m. in the Commission Meeting Room.

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

Unanimous approval.

 

 

 

 

 

 

ADJOURNMENT

 

 

There being no further business to come before the Board, it was moved by Huxley and seconded by Foley to adjourn the regular meeting at 8:19 p.m.

Unanimous approval.

 

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For the Zoning Board of Appeals

9                                   Page 1 of 4

BOARD OF FINANCE

SPECIAL MEETING

DECEMBER 11, 2018

Page 1 of 1

DRAFT

 

Attendance:  Chairman John Grabowski, John Fro4rd IV, Sharon Huxley, Katie Erickson via telephone with speaker on

APPOINTMENT TO BOARD OF FINANCE

Chairman Grabowski call the special meeting of the Board of Finance to order at 8:00 p.m.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.  The purpose of the special meeting was to appoint a replacement, to fill the vacancy on the Board of Finance, due to the resignation of Melissa Spear.

Katie Erickson via telephone with the speaker on nominated Elizabeth Thornquist to fill the vacancy left by the resignation of Melissa Spear.  Sharon Huxley seconded the motion.  The vote was called.  The vote was unanimous.

First Selectwoman Gorski then swore Elizabeth Thornquist in as a new member of the Board of Finance.

ADJOURNMENT

Adjournment was called at 8:05 p.m. after a motion was moved by Sharon Huxley and seconded by John Ford IV.  The vote taken was unanimous.

 

 

                                                                                                Respectfully Submitted,

 

                                                                                                June G. Riley

                                                                                                Clerk, Board of Finance

BOARD OF FINANCE

DECEMBER 11, 2018

Page 1 of 2

DRAFT

 Attendance:  Chairman John Grabowski, John Ford IV, Sharon Huxey, Elizabeth Thornquist

Visitors:  First Selectwoman Derrylyn Gorski, Thomas Broesler, Sheila Lang

The December 11, 2018 of the Board of Finance was opened at 7:05 p.m. without a quorum present. 

CHAIRMAN’S REPORT

Chairman Grabowski gave his report on the Amity Regional School Finance meeting.  The new superintendent Dr. Jennifer Byars was present at this meeting.  The Amity audit is almost complete except for a few problems with the Student Activity Fund.  The surplus from the 2017-18 budget is $3,213,732.  Bethany should receive a check of $633,074 for their percentage of the surplus.  It appears that for the budget of 2018-19 there is a $916,641 surplus for the first six months of this year.  The Amity Regional School System would like to present their budget to the Board on February 12, 2019.

FIRST SELECTWOMAN’S REPORT

First Selectwoman Gorski reported that the cost to date for the tornado cleanup is approximately $425,000.  The paperwork for FEMA is complete.

First Selectwoman Gorski introduced Sheila Lang.  First Selectwoman Gorski has hired Sheila to fill the vacancy of Tom Broesler, Finance Director when he retires January 10, 2018.  Since Tom will have drawn the entire budget of $54,000 an additional appropriation will need to be made to cover the salary of Sheila for the balance of the fiscal year.

At 8:00 p.m. Katie Erickson called in and her phone was placed on speaker so that the special meeting of 6:55 p.m. to appoint and swear in a new member could officially be called to order.  After the adjournment of the special meeting the regular meeting of the Board of Finance was called to order by Chairman Grabowski at 8:05 p.m.  The newly appointed member Elizabeth Thornquist was seated to make a quorum. 

There will be a CCM Workshop held on January 5, 2019 from 9:30 – 1:00.  All members of the Board of Finance are invited to attend. 

FINANCE DIRECTOR’S REPORT

Tom Broesler distributed financial report for period ending November 30, 2018.  Board members questioned the report regarding correctness of the Contingency Fund balance, Contracted Services regarding separation of tree work and how the funding had been distributed between tornado damage and removal of dead ash trees. 

The Town has asked for an extension to complete the audit.  It has been granted. 

Chairman Grabowski requested that Tom send out budget requests for fiscal year 2019-20 as soon as possible with a format to be followed by all departments. 

APPROVAL OF MINUTES

The approval of the minutes of October 9, 2018 was tabled.

ADJOURNMENT

Adjournment was called at 8:30 p.m. after a motion was moved by Sharon Huxley and seconded by John Ford IV.  The vote taken was unanimous.

                                                                                                                Respectfully submitted,

 

                                                                                                                June G. Riley

                                                                                                                Clerk, Board of Finance

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISION REGULAR MEETING OF JANUARY 2, 2019                             Page 1 of 4

The regular meeting of the Planning and Zoning Commission was called to order at  

7:04 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 Calhoun, Vice-Chair

            Donna Shea, Member/Secretary

            Bob Harrison, Member

            Alex Hutchinson, Member

Brad Buchta, Alternate Member

Carol Lambiase, Alternate Member

 

The following Commission Member was absent:

            Eric McDonald, Alternate Member

 

Also present were:

            Hiram Peck, Planning Consultant

            Isabel Kearns, Zoning Enforcement Officer

            Kevin McSherry, Town Attorney

 

Also present were seven Boy Scouts with their parents.  The Boy Scouts are in the process of earning a badge for communication.

 

 

APPROVAL OF MINUTES              

    

1.      It was moved by Calhoun and seconded by Harrison to approve the minutes, as submitted, of the December 5, 2018, Regular Meeting.

Voting for:  Brinton, Calhoun, Harrison, Hutchinson, Shea.

Unanimous approval.

     

 

BILLS

 

1.      It was moved by Calhoun and seconded by Shea to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for December 2018, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for:  Brinton, Calhoun, Harrison, Hutchinson, Shea.

Unanimous approval.

 

 

 

 

 

 

 

 

 

 

 

GENERAL CORRESPONDENCE

 

1)      Letter from Isabel Kearns, ZEO, to Peter Kaminski/Julianne Stach of 41 Green Hill Road, dated December 5, 2018, Re:  Notice of Violation, 41 Green Hill Road, trespass lighting.

2)      Letter from Isabel Kearns, ZEO, to John Ellison of 55 Green Hill Road, dated    December 6, 2018, Re:  Final Notice of Violation, Accessory Apartment above Garage, 55 Green Hill Road.

 

 

NEW BUSINESS

 

1)      6 Sargent Drive, Application #2019-001 submitted by Bethany Mart for Window Signage –

 

No one was present for this application.

 

Isabel Kearns, ZEO, stated that more information is needed on size of windows and amount of signage requested.  Also, Ms. Kearns stated there is no Quinnipiack Valley Health District approval at this time.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next Regular Meeting scheduled for February 6, 2019.  It was moved by Calhoun and seconded by Shea to table this application.  Tabled.

 

 

2)      135 Pole Hill Road, Application 2019-002 submitted by Jeremy Shulick to locate a farm stand (5’ by 10’) and located temporary tents for seasonal use (2 tents – 18’ by 20’) –

 

No one was present for this application.

 

Isabel Kearns, ZEO, stated that she has received complaints from neighbors and that the property owner would like to come into compliance.  Also, Ms. Kearns stated there is no Quinnipiack Valley Health District approval at this time.

 

Commission members would like more information as to how long tents will be up and the distance from road to the tents.  Ms. Kearns will obtain requested information for the next meeting.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next Regular Meeting scheduled for February 6, 2019.  It was moved by Calhoun and seconded by Harrison to table this application.  Tabled.

 

 

 

 

 

 

 

 

 

3)      667 Amity Road, CFC Park, Status Update –

 

Isabel Kearns, ZEO, stated that there is an erosion control breach at property and that she spoke with Matt Micros and he has someone coming tomorrow to fix that.

 

Commission members asked about the planting that was supposed to have taken place.

 

Hiram Peck, Planning Consultant, suggested inviting CFC to the next regular meeting for an update on the site.    

 

Kevin McSherry, Town Attorney, will prepare a letter to CFC requesting a construction sequence to find out how they will complete the work that has not been completed and that the site needs to be stable.  Also, he will recommend they come to next meeting for update on property.

 

The Commission would like to conduct another site walk while still holding the bond.

 

                           

OLD BUSINESS

 

1.      32 Hatfield Hill Road, Application #2018-026 submitted by Montanna Sage Equine LLC for a Special Exception Permit for a riding arena and boarding stable –

 

Present for this application was Montanna, Melissa and Tom Lambrecht. 

 

Isabel Kearns, ZEO, stated the applicant, Montanna Lambrecht, needs to amend the application to 12 horses boarding.  Ms. Lambrecht amended the application

 

Ms. Lambrecht noted that she would like to teach riding lessons and training horses and that she is working with the Quinnipiack Valley Health District.

 

It was moved by Calhoun and seconded by Hutchinson to schedule a public hearing date of Wednesday, February 6, 2019, at 7:15 p.m. for Application #2018-026 submitted by Montanna Sage Equine, LLC for a Special Exception Permit to utilize existing indoor riding arena and horse stalls/barn located at 32 Hatfield Hill Road.

Voting for:  Brinton, Calhoun, Harrison, Hutchinson, Shea.

Unanimous approval.

 

 

2.      Continue discussion with Dr. Gale Ridge of the Bethany “Environment” Committee regarding Wind Study at Airport and “Sustainable CT” – Remove from agenda. 

 

 

 

 

 

 

 

 

 

 

3.      Continue discussion regarding draft Zoning Regulations – Special Meeting scheduled for January 16, 2019.

 

Mr. Peck stated he will have full draft completed before special meeting on January 16^th.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT –

Isabel Kearns, ZEO, submitted the following:

·         Building Permits, dated December 4, 2018 to December 21, 2018.

·         Site Inspections dated December 6, 2018, to December 14, 2018.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Calhoun and seconded by Shea to adjourn the regular meeting at 7:49 p.m.

Voting for:  Brinton, Calhoun, Harrison, Hutchinson, Shea.

Unanimous approval.

 

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission