MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR VIRTUAL MEETING OF WEDNESDAY, JULY 1, 2020.    Page 1 of 4

The regular “Virtual Zoom” meeting of the Planning and Zoning Commission was called to order at 7:04 p.m.

 

The following Commission Members were present:

            Kimberly McClure Brinton, Chair

            Donna Shea, Member/Secretary

            Bob Harrison, Member

            Alex Hutchinson, Member

            Rob White, Member

            Brad Buchta, Alternate Member

            Andy Zielinski, Alternate Member

The following Commission Members were excused:

Brett Pallotto, Alternate Member

Also present were:

            Hiram Peck, Planning Consultant

            Isabel Kearns, Zoning Enforcement Officer

                                                                       

APPROVAL OF MINUTES              

    

1.      It was moved by Harrison and seconded by Shea to approve the minutes of the March 4, 2020 Regular Meeting.

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

Unanimous approval.

2.      It was moved by Harrison and seconded by Shea to approve the minutes of the March 11, 2020 Regular Meeting.

Voting for: Brinton, Shea, Harrison, White.

Abstained Hutchinson.

 

BILLS

 

1.      It was moved by Brinton to approve the payments of $1,200.00 (monthly pro rate basis), for services rendered for March 2020, April 2020, and May 2020 by Hiram W. Peck III, AICP, Planning Consultant.

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

Unanimous approval.

 

GENERAL CORRESPONDENCE

 

1)      Letter to Mr. Thomas Capasso, TOC, LLC., from Isabel Kearns, ZEO, dated March 5, 2020, Re: Notice, 256 Amity Road (Assessor’s Map 118; Lot 50).

2)      Letter to Mr. Peter Kaminski and Julianne Stach from Isabel Kearns, ZEO, dated March 26, 2020, Re: Notice, 41 Green Hill Road (Assessor’s Map 113; Lot 28-10).

3)      Letter to Robert DeFeo from Isabel Kearns, ZEO, dated April 6, 2020, Re: Cease and Desist Order, 15 Clay Road (Assessor’s Map 107; Lot 80).

4)      Letter to Mr. & Mrs. Stanley Haze from Isabel Kearns, ZEO, dated May 6, 2020, Re: Notice of Zoning Inquiry, 413 Downs Road (Assessor’s Map 130; Lot 10).

5)      Notice to the Town of Bethany from the Town of Hamden, dated May 11, 2020, Re: Town of Hamden Application to Amend the Zoning Regulations – COVID -19 Temporary Signs.

6)      Letter to Stanley Haze from Isabel Kearns, ZEO, dated May 15, 2020, Re: Second Notice of Zoning Inquiry, 413 Downs Road (Assessor’s Map 130; Lot 10).

7)      Letter to Christine Mead from Isabel Kearns, ZEO, dated June 1, 2020, Re: Notice of Violation, 32 Hatfield Hill Road (Assessor’s Map 125; Lot 14).

8)      Letter to MCR Trading, 46 Industrial Avenue, Fairview, NJ 07022 from Isabel Kearns, ZEO, dated June 8, 2020, Re: Notice of Violation, 136 Amity Road (Assessor’s Map 119; Lot 6).

9)      Letter to Mr. Steven A. Duke from Isabel Kearns, ZEO, dated June 8, 2020, Re: Notice of Violation, 369 Bethmour Road (Assessor’s Map 107; Lot 27-1).

10)  Letter to Tara Aksoy from Isabel Kearns, ZEO, dated June 18, 2020, Re: Notice of Violation, 60 Rainbow Road (Assessor’s Map 112; Lot 15).

11)  Letter to Christine Mead from Isabel Kearns, ZEO, dated June 23, 2020, Re: Notice of Violation, 32 Hatfield Hill Road (Assessor’s Map 125; Lot 14).

 

 

NEW BUSINESS

 

1.      81 Litchfield Turnpike – Discussion regarding Home Office/Gym.

 

The Zoning Enforcement Officer formerly addresses to the Commission and related that the property owners are seeking a home office/gym, and bathroom built for residential use, and requested the commission members for a consensus, to allow the owners to proceed with the application. The commission agreed with the following conditions:

·         Make assure that all approvals and conditions are met in conformance to QVHD.

·         Also, to assure that the Planning, Zoning, and Building Regulations are met in conformance to the regulations.

 

2.      33 Old Amity Road – Possible Revision to the Approval Conditions - TABLED

 

The Commission addressed the possible revisions to the approval conditions, regarding the significant changes that are being made to the site and look into a possible revisions and modifications to the conditions addressed in the “Special Exception Permit for Outside Storage” volume 204, page 0382, page 0383, page 0384, and page 0385, date of approval issued on March 11, 2016, in relation to the fence.

 

COMMENTS/SUGGESTIONS TO MODIFY CONDITIONS:

·         Hiram Peck, Town Planner, had visited the site and indicated that the original fence required to go along the west site does not screen anything and his suggestion is to leave the trees and vegetation in that area, and to install a fence in the southern area, which goes along the Teddy B’s side area to provide as much screening as possible.

ü  The fence along the section of the property at the northwest side did not need a fence as the fence would do no good to screen the property as the road was higher on that side. This is the section where the fence need not be placed.

ü  The fence should be installed along the southern half of the Amity Roadside and along the side facing Teddy B’s matching the existing fence or cooperating with the other property owner to get a fence that is acceptable to both owners.

ü  I think it is safe to say that the fence which is deleted from the northwest side of the property could be used to screen the lower portion of the property on Old Amity Road.

·         Bob Harrison, commission member inquired about the permit’s date of approval and for a copy, in order to address it properly, and make an informed decision for any modifications.

 

3.      6 Tuttle Road – Home Occupation Permit – Application #2020-07, submitted by Kedric Becker – to sell honey on site. Also, roadside stand less than 100 square feet. APPROVED.

The Commission formerly received the application. Present to speak on behalf of this application was Mr. Kedric Becker.

Comments:

·         Mr. Kedric addressed and informed the commission that a roadside stand will be place about 12-feet in from his driveway to sell honey.

 

It was moved by Harrison and seconded by Hutchinson to approve the application # 2020-07 submitted by Kedric Becker – to sell honey on site and place a roadside stand less than 100 square feet in from the property driveway.

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

Unanimous approval.

 

4.      756 Amity Road – B&I – Country Corner Diner – Application #2020-06, submitted by Frank DeLucia on behalf of Syrja Topciu – to add 20’ by 16’ with a 4-ft. extension on existing deck. -  APPROVED.

The Commission formerly received the application. Present to speak on behalf of this application was Mr. Frank DeLucia.

Comments:

·         Mr. DeLucia addressed and informed the commission that a 4-feet extension to the existing deck is to be built toward the back of the building to have a 6-ft / 4-ft walkway.

·         Isabel Kearns, ZEO informed the commission that the proposed application meets all setbacks and requirements.

·         Hiram Peck, Town Planner noted that the deck addition is planned to accommodate more outdoor dining given the current situation, to allow the social distancing to put in place between the diners. It is a reasonable request and conforms to current regulations.

 

It was moved by Harrison and seconded by White to allow the Zoning Enforcement Officer, Isabel Kearns, to administratively handle the approval of  the application  #2020-06, submitted by Frank DeLucia on behalf of Syrja Topciu – to add 20’ by 16’ with a 4-ft. extension on existing deck

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

Unanimous approval.

 

 

OLD BUSINESS

 

1.       Draft Zoning Regulations continued – Public hearing re-scheduling. Tabled.

The Commission has received all comments by the public and is reviewing the possible revisions to the zoning regulations’ sections and categories that have been addressed.

·         Hiram Peck, Town Planner, has made suggestions on the possible revisions, dated June 21, 2020, to the commission for further review and comments.

·         Given the current COVID-19 situation, the public will be notified on when a possible public meeting will be scheduled in the near future.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT

 

OTHER BUSINESS

5.      667 Amity Road – B&I, CFC Soccer Field – Release of Remaining Bond

Comments:

·         Hiram Peck, Town Planner, had inspected the property on June 20, 2020 as per the owner’s request. During the inspection Mr. Peck found several things that have not been done and no effort had not been put into correcting anything. Mr. Peck does not recommend the release of the bond until a future inspection can be made and issues are corrected. He suggested that the commission members visit the site individually and to review his email with the inspections’ notes, dated June 23, 2020, to see if it is significant enough to hold the bond or let it be returned.

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Harrison and seconded by Hutchinson to adjourn the regular meeting at 8:25 p.m.

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

Unanimous approval.

 

Respectfully submitted,

 

 

Lina V. Frazer, Clerk

For the Planning and Zoning Commission

 

SPECIAL BOARD OF SELECTMEN MEETING – VIA ZOOM

JUNE 25, 2020

Page 1 of 1

 

MINUTES – APPROVED 7-7-2020

 

Attendance:  First Selectman Paula Cofrancesco & Selectman Donald Shea

Not in attendance:  Selectman Derrylyn Gorski

 

Also in attendance:  Vin Marino, Town Counsel; Sheila Lane, Finance Director

Visitors: None

 

1.                  First Selectman Paula Cofrancesco called the Special Meeting of the Board of Selectmen to order at 11:01 a.m.  The meeting was held in the Commission Room of the Bethany Town Hall.

 

2,         DISCUSSION AND POSSIBLE ACTION ON RESOLUTION FOR CONTRACT AMENDMENT – Contract No. 09-DSS6002SL / 008-NF-01

First Selectman Cofrancesco gave a brief update on the status of the STEAP funds for the airport hangar project.  First Selectman Cofrancesco was notified mid-June that the current contract was set to expire on 6-30-2020.  Due to a number of issues regarding construction, the town did not accept the building, work was at a halt, and then the tornado hit in 2018.  There is insurance money from the claim of the tornado damage to correct the building to its non-usable state prior to the tornado.  The STEAP funds can be used to hire an engineer to assess the status of the building and then proceed on correcting any deficiencies.  First Selectman Cofrancesco noted that she had made multiple phones calls and sent multiple emails to see what could be done to secure the funds ($198,899.00) from going back to the State.  A letter was sent from the First Selectman to the Program Manager overseeing the funds officially requesting an extension on the Contract to allow securing the funds in order to do additional work on the project.  Confirmation was received on Monday that the extension was granted for one year.  Approval is needed to authorize the First Selectman to sign the new Contract Amendment.  The Contract will now expire June 30, 2021.

 

It was moved by Selectman Shea to approve authorization for First Selectman to sign the Contract Amendment to extend the Contract to June 30, 2021, motion seconded by First Selectman Cofrancesco

Unanimous approval.

 

3.                  ADJOURNMENT

 

At 11:04 a.m., it was moved by Selectman Shea and seconded by First Selectman Cofrancesco to adjourn the special meeting.  Unanimous approval.

 

Respectfully submitted,

 

 

Paula Cofrancesco

First Selectman

BOARD OF SELECTMEN

JUNE 16, 2020

Page 1 of 2

                                                                     MINUTES – APPROVED 7-7-2020

 

Via Zoom

 

Attendance:  First Selectman Paula Cofrancesco and Selectman Donald Shea.

Absent was: Selectman Derrylyn Gorski

 

Also in attendance:  Town Attorney Vincent Marino, Finance Director Sheila Lane

Visitors:  Sharon Huxley, Clark Hurlburt, Betsy Thornquist

 

1. First Selectman Paula Cofrancesco called the meeting of the Board of Selectmen to order via Zoom at        7:02 p.m.   

 

2. APPROVAL OF MINUTES

First Selectman Cofrancesco called for a motion of approval for the minutes of the regular meeting of   June 2, 2020.   The motion of approval was moved by Selectman Shea and seconded by First Selectman Cofrancesco.  There were no changes to the minutes.  Voting for:  Cofrancesco, Shea.  Unanimous approval.

 

3.  DISCUSSION AND POSSIBLE ACTION – TAX REFUNDS

First Selectman Cofrancesco called for approval on the refunding of $2,078.42 on tax overpayments/miscellaneous. The motion for approval was moved by Selectman Shea and seconded by First Selectman Cofrancesco. Voting for: Cofrancesco, Shea. Unanimous approval.

 

4.  DISCUSSION & POSSIBLE ACTION – PRESENTATION BY CLARK HULRBURT, RE: POLLINATOR PATHWAY PROJECT – PATHWAY ON TOWN PROPERTY

Mr. Hurlburt was present to continue discussion on this topic with First Selectman Cofrancesco and Board members present.  Mr. Hurlburt will be giving an update as to the size, construction (what they will look like) and where they will plan to place the pathway. No action required at this time.  Tabled.

 

5. DISCUSSION AND POSSIBLE ACTION – REAPPOINTMENTS/APPOINTMENTS

First Selectman Cofrancesco called for a motion to reappoint/appoint, Kris Sullivan – Cemetery Commission, Brian Eitzer – Conservation Commission, Patricia Winer – Conservation Commission, and Janice Howard, Anthony Cofrancesco, Nicholas Poulmas, Angela Nielsen, Amy Lestinsky, Nicholas Botone, and Armand Rivellini (JR) for the Parks and Recreation Commission.   The motion of approval was moved by Selectman Shea and seconded by First Selectman Cofrancesco,

Voting for:  Cofrancesco, Shea.

Unanimous approval.

 

 

 

 

 

BOARD OF SELECTMEN

MAY 5, 2020

Page 2 of 2

 

6. DISCUSSION AND POSSIBLE ACTION – CORRECTION TO CEMETTERY BY-LAWS – TERM LANGUAGE – TO PUT IN ALIGNMENT WITH TOWN CODE

First Selectman Cofrancesco stated that the cemetery by-laws needed to be corrected to be in alignment with the language regarding terms as written in the Town Code. A motion for approval was made by Selectman Shea and seconded by First Selectman Cofrancesco to approve this correction.

Voting for:  Cofrancesco, Shea.

Unanimous approval.

 

7.  DISCUSSION & POSSIBLE ACTION – ROAD WORK – MOVING FORWARD - UPDATE

Update on the progress of the roads:

·         Working on North Humiston Drive, Lacey Road, Edwards Road, and Grant Road.

·         Discussion about the crack sealing maintenance of the roads that will need to be done.

 

8.  DISCUSSION AND POSSIBLE ACTION – STATUS OF AIRPORT HANGAR UPDATE

Town Attorney Marino reported that he is reviewing the terms of the bonds and will be following up with the Town Building Official, Mr.  Bob Walsh, regarding the hangar project. Tabled.

 

9. DISCUSSION & POSSIBLE ACTION – SIMPSON PROPERTY – ON HOLD (IN PROBATE)

First Selectman Cofrancesco stated this is on hold and in probate court.  Tabled.

 

10.  DISCUSSION & POSSIBLE ACTION – SIMPLE RECYCLING (SOFT RECYCLABLES) – ON HOLD

First Selectman Cofrancesco noted that this item will stay on hold until pandemic is over.  Tabled.

 

11. OTHER MATTERS PROPER TO COME BEFORE THE MEETING

Don Shea noted that we should follow up with RWS (the trash company) as we have received numerous complaints.  First Selectman Cofrancesco will call RWS.

 

12. ADJOURNMENT

At 7:31 p.m., it was moved by Selectman Shea and seconded by First Selectman Cofrancesco to adjourn the regular meeting.  Unanimous approval.

 

Respectfully submitted,

 

 

Lina V. Frazer

Meeting Clerk

BOARD OF SELECTMEN

JUNE 2, 2020

Page 1 of 3

                                                                     MINUTES – APPROVED 6-16-2020

 

Via Zoom

 

Attendance:  First Selectman Paula Cofrancesco, Selectman Donald Shea, Selectman Derrylyn Gorski

 

Also in attendance:  Town Attorney Vincent Marino and Finance Director Sheila Lane

 

Visitors:  Sharon Huxley, Clark Hurlburt, Cynthia Megyola, E.J. Maher, Jamie Stirling

 

1. First Selectman Paula Cofrancesco called the meeting of the Board of Selectmen to order via Zoom at        7:01 p.m.   

 

2. APPROVAL OF MINUTES

First Selectman Cofrancesco called for a motion of approval for the minutes of the regular meeting of   May 19, 2020.   The motion of approval, with a correction, was moved by Selectman Gorski and seconded by First Selectman Cofrancesco.  The correction to the minutes is on Page 3, Item #11, Second Bullet – Change mill rate to “36.56”.   Voting for:  Cofrancesco, Gorski, Shea.  Unanimous approval.

 

3.  DISCUSSION AND POSSIBLE ACTION – TAX REFUNDS

First Selectman Cofrancesco stated that there are no tax refunds at this time.

 

4.  DISCUSSION AND POSSIBLE ACTION – REAPPOINTMENT OF BRIAN EITZER AS THE BETHANY REPRESENTATIVE TO THE SOUTH CENTRAL CONNECTICUT REGIONAL WATER DISTRICT –

First Selectman Cofrancesco stated that Brian Eitzer has been on the Representative Policy Board for Bethany and has shown interest in continuing this position.  It was moved by Selectman Gorski and seconded by First Selectman Cofrancesco to reappoint Brian Eitzer as the Bethany Representative of the Policy Board for the South Central Connecticut Regional Water District.

Voting for:  Cofrancesco, Gorski, Shea.  Unanimous approval.

 

5. DISCUSSION AND POSSIBLE ACTION – ROAD WORK – MOVING FORWARD – UPDATE

Selectman Shea reported on the following:

·         Working on North Humiston Drive, Lacey Road, Edwards Road and Grant Road.

·         Should be in good shape in a few weeks.

·         Chip sealing will be starting soon.

·         We will need to talk about crack sealing maintenance which is beneficial to the roads.

·         Finance Director Lane will give update by end of week on money spent at this point on road work.

 

 

BOARD OF SELECTMEN

JUNE 2, 2020

Page 2 of 3

 

6.  DISCUSSION AND POSSIBLE ACTION – STATUS OF AIRPORT HANGAR – UPDATE

Town Attorney Marino reported on the following:

·         For purposes of making a decision, the Board of Selectmen need to review their options:

o   First option is to do nothing which is not a viable option.

o   Second option is to use insurance proceeds and restore building to pre-tornado status then there would be a defective building and can bring to litigation with manufacturer or contractor but construction litigation is very expensive and would be costly to the Town.

o   Third option is to use insurance proceeds and restore building to pre-tornado status.Tthere is approximately $230,000 to $250,000 of grant money left and Town can use this money to correct pre-tornado defective structure to good condition.  Would have to get quotes for work to bring structure to good condition.

 

Selectman Gorski recommended speaking with Bob Walsh, Building Official, who has all the information from previous dealings with the Airport Hangar.

 

Attorney Marino stated he did speak to the Building Official and that Mr. Walsh said there were onsite modifications made by the contractor and no question there were defects in the construction process or the manufacturing process.

 

Selectman Shea mentioned that there was a bond taken out on the structure.

 

Attorney Marino stated he would have to read the terms of the bond.  Also, Attorney Marino stated he did speak to the Building Official and his opinion was the contractor performed defective workmanship.  Attorney Marino mentioned the fact that the bond should cover defective workmanship. If the Town went with litigation, this would be a substantial expense on the Town; or can we use the balance of the grant money to correct the defective workmanship.

 

First Selectman Cofrancesco stated the Board will not make a decision tonight and we will follow-up with Bob Walsh, Building Official.

Tabled.

 

7.  DISCUSSION AND POSSIBLE ACTION – SIMPSON PROPERTY – ON HOLD (IN PROBATE)  First Selectman Cofrancesco stated this is on hold and is still in probate court.  Tabled.

 

8. DISCUSSION AND POSSIBLE ACTION – CEMETERY COMMISSION BYLAWS –

First Selectman Cofrancesco emailed the Board members a copy of the amended version of the Cemetery Commission Bylaws, which included the Board of Selectmen’s recommendations. 

 

The Board reviewed and discussed and then found a discrepancy in Sections 2.1 and 2.2 with Sections 3.3 and 3.4.  First Selectman Cofrancesco will notify the Cemetery Commission and will correct the discrepancy.

 

 

 

BOARD OF SELECTMEN

JUNE 2, 2020

Page 3 of 3

 

 

It was moved by Selectman Gorski and seconded by Selectman Shea to approve, as amended, the Cemetery Commission Bylaws prepared by the Cemetery Commission.  Voting for:  Cofrancesco, Gorski, Shea.  Unanimous approval.

 

9.  DISCUSSION AND POSSIBLE ACTION – SIMPLE RECYCLING (SOFT RECYCLABLES) – ON HOLD

First Selectman Cofrancesco stated she has reached out to Simple Recycling and is waiting on a reply. They may possibly be closed due to pandemic, but she will follow up to see is we can possibly start the program in July 2020.  Tabled.

 

10. OTHER MATTERS PROPER TO COME BEFORE THE MEETING

·         First Selectman Cofrancesco mentioned there is a contract for the shared trooper with the Town of Prospect which will run for one year.  It was moved by Selectman Gorski and seconded by Selectman Shea to authorize First Selectman Cofrancesco to sign the contract for the shared trooper with the Town of Prospect which will be a 50/50 cost split.

Voting for:  Cofrancesco, Gorski, Shea.  Unanimous approval.

 

11. ADJOURNMENT

At 7:41 p.m., it was moved by Selectman Gorski and seconded by Selectman Shea to adjourn the regular meeting.  Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek

Meeting Clerk