Friday, June 5, 2009

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION
REGULAR MEETING OF TUESDAY, MAY 26, 2009 Page 1 of The regular meeting of the Inland Wetlands Commission was called to order at ______ 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:
Patricia McGregor, Chairman
Alexandra Breslin, Vice-Chairman
John Kane, Member
Jon Painter, Member
Jack Ellison, Member
Kristine Sullivan, Alternate Member

The following members of the Commission were absent:





Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer
Karen Walton, Land Use Assistant


APPROVAL OF MINUTES

1. It was moved by ________ and seconded by _______ to approve, as submitted, the minutes of the March 23, 2009, Regular Meeting.
Unanimous approval.

2. It was moved by ______ and seconded by ________ to approve, as submitted, the minutes of the April 11, 2009, Special Meeting/Site Visit.
Unanimous approval.

3. It was moved by _______ and seconded by _______ to approve, as submitted, the minutes of the April 27, 2009, Regular Meeting.


GENERAL CORRESPONDENCE

1. Letter from Isabel Kearns, IW Agent, to Mary Ellen Unger of 82 Russell Road, dated May 5, 2009, Re: Notice of Violation, creation of trails within the conservation area, 82 Russell Road.
2. Letter from RWA dated May 21, 2009, Re: Review of application for 523 Carrington Road, Three-lot subdivision.
3. Letter from DTC dated May 26, 2009, Re: Review of revised plans dated April 29, 2009, for 523 Carrington Road, Woodland Farm Resubdivision.
4. Letter from RWA dated May 18, 2009, Re: Review of application for 212 Fairwood Road, addition on porch and deck on single family dwelling.


5. Letter form The Connecticut Land Conservation Council, dated April 2009, Re: Requesting financial support for 2009.


NEW BUSINESS

1. Edwards Road, Application #1126 submitted by Connwood Foresters, Inc./Connecticut Water Company for an IW Permit for a temporary intermittent stream crossing – Present for this application was
The Commission received the application.







2. 82 Russell Road (Mary Ellen Unger), Letter of Violation dated May 5, 2009, Trail in vicinity of the proposed barn within the conservation area –



3. 184 Sperry Road (Liz Doering), Discuaaion pertaining to jurisdictional ruling for proposed grading in backyard –






OLD BUSINESS

1. 523 Carrington Road (Woodlot Farm), Application #1119 submitted by John Paul Garcia for an IW Permit for a Three-Lot Resubdivision – Present for this application was John Paul Garcia, P.E./L.S., applicant. Some of the Commission members conducted a site visit on April 11, 2009. The Commission would like the applicant to access the lots with one common driveway for safety reasons and to eliminate extra runoff. Mr. Garcia reviewed with the Commission the letter from Diversified Technology Consultants, dated April 24, 2009. Mr. Garcia will revise the plans and resubmit them to DTC for comments. Tabled.

2. 212 Fairwood Road, Application #1124 submitted by Nancy Monocchi for a Site Plan to extend the existing sun porch/accessory building – No one was present for this application.
The Commission received the application. The Commission reviewed the application with the IWEO. The Commission authorized the IWEO to work with the applicant and supervise the proposed activity before the permit is issued. Tabled.



3. 171 Amity Road, Application #1125 submitted by The Learning Collaborative – Gina McCaffrey) for a Site Plan to construct fire escapes, sidewalks, generator pad and apron – Present for this application was Gina McCaffrey, applicant and owner of record. The Commission received the application. Ms. McCaffrey reviewed with the Commission the proposed activity. The Commission was concerned with the runoff from the roof in the back of the building on the southwest corner of the property travelling down slope into the wetlands. The applicant will work with the IWEO to direct the position of the runoff to stop any erosion. The IWEO will report back to the Commission at the next regular meeting. Tabled.



4. 268 Wooding Hill Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Desist Order issued to Mr. and Mrs. Bruce Hitchcock of 268 Wooding Hill Road, dated October 5, 2007 – Tabled.
5. 270 Wooding Hill Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Desist Order issued to William Palmieri and Kathryn Sylvester of 270 Wooding Hill Road, dated October 5, 2007 – Tabled.

6. 185 Fairwood Road, Reconvene “Show Cause” Hearing pertaining to the Cease & Restore Order Issued to William Grieger, dated May 1, 2007 – Tabled.

7. 185 Beacon Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Restore Order Issued to Daniel Cusano, dated June 20, 2006 – Tabled.

8. 27 Hamilton Drive, Reconvene “Show Cause” Hearing pertaining to the order to Cease Activity Issued to Daniel Dinas and Angela Cunha, dated May 9, 2006 – Tabled.

9. Continue review and adoption process for the new Inland Wetlands Regulations (Adopt new Inland Wetlands Regulations at the same time as proposed Stormwater Regulations.) – The Commission scheduled a Special Meeting for Tuesday, May 19, 2009, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.




It was moved by ________ and seconded by ________ to adjourn the regular meeting at ______ p.m.
Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
for the Inland Wetlands Commission



4
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION SPECIAL MEETING OF TUESDAY, MAY 19, 2009 Page 1 of 2The special meeting of the Inland Wetlands Commission was called to order at 7:50 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:
Patricia McGregor, Chairman, who arrived at 8:34 p.m.
Alexandra Breslin, Vice-Chairman
Jon Painter, Member
Kristine Sullivan, Alternate Member

The following members of the Commission were absent:
Jack Ellison, Member
John Kane, Member

Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer
Karen Walton, Land Use Assistant

The purpose of the special meeting was to review, discuss and take appropriate action regarding updating the existing Inland Wetlands and Watercourses Regulations of the Commission.

Using the model regulations formulated by the State Department of Environmental Protection and the adopted regulations from the Town of Woodbridge, Commission members commented and made revisions as follows:

1) Use Woodbridge’s regulations as a starting point
2) Sect. 7.5 (h) delete requirement for “return receipt” mailing
3) Sect. 7.5 (n) Add a new provision giving us flexibility to waive application requirements based on language in our existing regulations
4) Sect. 2 – Definitions “Regulated activity” Change upland review area from 100’ to 150’
5) Isabel Kearns, IW Agent, is going to get language from Oxford P&Z regulations for us to adapt in a statement regarding submission of digital wetlands delineations performed by Soil Scientist. To be included in Section 3 or in Section 7.5 as a conditional Application Requirement?
6) Include DEP Guide to Upland Review as appendix to regulations

The Commission will discuss the proposed regulations further at the next regular meeting scheduled for May 26, 2009.

There being no further business to come before the Commission, it was the consensus of the Commission to adjourn at 9:28 p.m.

Respectfully submitted,


Antonia Marek, Clerk
For the Inland Wetlands Commission
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION
REGULAR MEETING OF WEDNESDAY, MAY 6, 2009 Page 1 of 9


The regular meeting of the Planning and Zoning Commission was called to order at 7:35 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, Vice-Chairman, Acting as Chairman
John Ford, Member
Mary Shurtleff, Member
Patricia Winer, Member
Marc Adelberg, Alternate Member
Nelly Rabinowitz, Alternate Member
Donald Shea Jr., Alternate Member, seated as a regular member.

The following Commission member was excused:
Sharon Huxley, Chairman

Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Land Use Assistant
Hiram Peck, Planning Consultant


APPROVAL OF MINUTES

1. It was moved by Shea and seconded by Winer to approve the minutes of the April 1, 2009, Regular Meeting.
Voting were Spear, Ford, Shurtleff, Winer, Shea.
Unanimous approval.

2. It was moved by Shea and seconded by Winer to approve the minutes of the April 6, 2009, Special/Joint Meeting of the Bethany Planning and Zoning Commission, Inland Wetlands Commission, Conservation Commission and Zoning Board of Appeals.
Voting were Spear, Shurtleff, Winer, Shea.
Unanimous approval.

3. It was moved by Ford and seconded by Shea to approve, with the following corrections, the minutes of the April 15, 2009, Special Meeting:
· Page 1, Sixth Paragraph, First Sentence – Reads “Hiram Peck, Planning Consultant, prepared a power point presentation pertaining to the revised POCD.” change to “Hiram Peck, Planning Consultant, prepared a Power Point presentation pertaining to the revised POCD.”
· Page 2, First Paragraph, First Sentence – Reads “Some public residents present” change to “Some residents present”.
Voting were Spear, Ford, Shurtleff, Winer, Shea.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Nafis & Young, dated April 20, 2009, Re: Review comments on plans dated March 26, 2009, for Woodlot Farm, 523 Carrington Road.
2. Letter from John Paul Garcia, dated April 21, 2009, Re: Withdrawing request for a waiver of open space for 523 Carrington Road, Resubdivision.
3. Letter from Michael Katzmark, Representative for the BVFD, dated April 22, 2009, Re: Review of plans for 523 Carrington Road, with attached sheet entitled “Tanker Shuttle vs. In Ground Tank for Firefighting”.
4. Letter from QVHD, dated April 1, 2009, Re: Review comments for 845 Carrington Road, Horse Manure Compost Operation.
5. Copy of Inland Wetlands Permit #1122, approved April 27, 2009, for 845 Carrington Road, Site Plan to compost horse manure.
6. Letter from The Hartmann’s, submitted April 6, 2009, Re: Statement of Use for proposed boarding and training facility located at 80 Litchfield Turnpike.
7. Letter from the Inland Wetlands Commission, dated May 4, 2009, Re: No IWC action required for proposed activity at 80 Litchfield Turnpike.
8. Letter from Elizabeth Doering of 184 Sperry Road, dated April 16, 2009, Re: Request to construct a building on my property for the sole purpose of raising and training my horses.

Present for this discussion was John Paul Garcia, P.E./L.S. representing Ms. Liz Doering, who was also present. Mr. Garcia stated that after reviewing the Zoning Regulations, Section 4.3.e, this proposed activity appears to be an as of right and that Ms. Doering is willing to deed restrict the property for having no commercial operations. The Commission had concerns with the size of the proposed structure, the setback issue and the lot size issued. It was the consensus of the Commission that the property owner must place a deed restriction on the application that no more than 2 to 3 horses owned by the owner of the property, file a condition with the Zoning Board of Appeals there will be no commercial operation and Mr. Garcia has committed to come before the Planning and Zoning Commission for review after submitting to the Zoning Board of Appeals.

9. Letter from Michael Katzmark, Representative for the BVFD, dated April 16, 2009, Re: Requirements for driveway located at 892 Amity Road.
10. Referral from Council of Governments of the Central Naugatuck Valley dated April 24, 2009, Re: Beacon Falls proposed amendments to the Zoning Regulations and Plan of Conservation and Development.


PUBLICATIONS AND WORKSHOPS

1. Connecticut Technology Transfer, Spring 2009.




BILLS

1. It was moved by Shurtleff and seconded by Winer to approve the payment of $1,000.00 (monthly pro rata basis) for services rendered for April 2009, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.

2. It was moved by Winer and seconded by Shurtleff to approve the payment of $95.00 to John McLeod (court stenographer) for recording services at the meeting of April 1, 2009 (523 Carrington Road).
Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT

Isabel Kearns, ZEO, stated that the “Ordinance Establishing Citation Procedures and Fines for Zoning Violations” is going to a Town Meeting in the next few months.


PUBLIC HEARINGS

· 523 Carrington Road (Woodlot Farm), Application #2009-001 for a Special Exception Permit for one rear lot and Application #2009-002 for a Three-Lot Resubdivision with waiver requests for open space and fire protection submitted by John Paul Garcia

At 8:08 p.m., Acting-Chairman Spear called to order the continuation of the public hearing on Applications #2009-001 and #2009-002. The public hearing commenced on April 1, 2009.

Acting-Chairman 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 Nafis & Young, dated April 20, 2009, Re: Review comments on plans dated March 26, 2009, for Woodlot Farm, 523 Carrington Road.
Exhibit 2B – Letter from John Paul Garcia, dated April 21, 2009, Re: Withdrawing request for a waiver of open space for 523 Carrington Road, Resubdivision.
Exhibit 2C – Letter from Michael Katzmark, Representative for the BVFD, dated April 22, 2009, Re: Review of plans for 523 Carrington Road, with attached sheet entitled “Tanker Shuttle vs. In Ground Tank for Firefighting”.

Present for this application was Mr. John Paul Garcia, P.E./L.S., who is the applicant. Mr. Garcia stated at the last hearing the Commission requested an alternate plan with a common driveway. Mr. Garcia submitted a plan entitled, “Alternate 1, Proposed Site Plan of Woodlot Farm” dated April 2, 2009. Also, Mr. Garcia submitted a revised set of plans, revised to April 29, 2009, and stated the revised plans were sent out to Nafis and Young and the Regional Water Authority for
comments, and that the Inland Wetlands Commission has not acted on the application at this time.


Isabel Kearns, ZEO, stated she has not reviewed the revised plans at this time.

Ken Martin, Chairman of the Conservation Commission, is working with Mr. Garcia on the Open Space set aside.

The Commission would like to review draft easements. (Driveway, Utility, Open Space) Mr. Garcia will prepare and submit.

Acting-Chairman Spear then asked if there were any comments from the public. There were no comments.

Mr. Garcia submitted a letter of consent to an extension of time for 30 days for the Commission to continue the public hearing.

At 8:28 p.m., Acting-Chairman Spear recessed the public hearing until the next regular meeting scheduled for June 3, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.


· 845 Carrington Road, Application #2009-009 for a Zoning Permit for an additional use to compost horse manure and Application #2009-010 for a Special Exception Permit to modify the existing permit for horse manure storage including site plan showing the location of the manure pile submitted by Acorn Traders LLC

At 8:29 p.m., Acting-Chairman Spear called to order the public hearing on Applications #2009-009 and #2009-010. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.

Acting-Chairman Spear then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Letter from QVHD, dated April 1, 2009, Re: Review comments for 845 Carrington Road, Horse Manure Compost Operation.
Exhibit 1B – Copy of Inland Wetlands Permit #1122, approved April 27, 2009, for 845 Carrington Road, Site Plan to compost horse manure.

Present for this application was Theron Simons, co-owner of Acorn Traders. Mr. Simons stated he is proposing a horse manure composting site with the facility that exists. Mr. Simons also stated he has conversed with the DEP and RWA pertaining to the area that was approved for grinding and changing it to composting horse manure and that this is a DEP activity and will be regulated and approved by DEP.

Some Commission Members had a question or concern pertaining to the following:
How long before you hear from the DEP on approval? (Theron responded the DEP will not give a timeline.)


What do you do when the compost pile gets really wet? (Theron responded the manure is constantly being turned and the rotation of the piles will change the moisture.)
What if there is no rain and the manure dries out? (Theron responded there is a pond on the property to draw water from.)

Acting-Chairman Spear then asked if there were any comments from the public. There were no comments.

At 8:49 p.m., Acting-Chairman Spear closed the public hearing on the subject application.


NEW BUSINESS

1. 562 Amity Road, Apt. C, Application #2009-011 submitted by Gideon Van Heerden for a Home Occupation Permit to operate an office for Gideon’s Contracting – Present for this application was Gideon Van Heerden, applicant. The Commission received the application. Mr. Van Heerden stated he was opening a business until he finds a full time job. Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2009-011:

Whereas, Gideon Van Heerden of 562 Amity Road, applied to the Planning and Zoning Commission for a home occupation permit to operate a home office for an electrical and carpentry contracting service on May 6, 2009;

Whereas, the Commission at it’s regular meeting of May 6, 2009, 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 of Quinnipiack Valley Health District signed off on the back of the application form indicating her approval on May 1, 2009.
2) Rod White, Fire Marshal, signed off on the back of the application form on May 1, 2009, indicating his approval.

Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4(b) of the Town of Bethany Zoning Regulations, effective September 15, 2008, the Bethany Planning and Zoning Commission approves the application of Gideon Van Heerden to operate a home office for an electrical and carpentry contracting service at 562 Amity Road as outlined in the Statement of Use dated March 31, 2009. Unanimous approval.




2. Discussion to authorize Karen Walton, Land Use Assistant, to enforce the Zoning Regulations and have the authority to follow the procedures set forth in Section 8-12 of the CT General Statutes – Isabel Kearns, ZEO, stated Karen Walton, Land Use Assistant, has completed and passed the Connecticut Zoning Enforcement Technician Program and is now a Technician. Isabel also stated Karen needs to do a case study so she can become a Zoning Enforcement Officer and needs authorization from the Commission to enforce the Zoning Regulations. It was moved by Shea and seconded by Shurtleff to authorize Karen Walton, Land Use Assistant, to enforce the Zoning Regulations and to have the authority to follow the procedures set forth in Section 8-12 of the Connecticut General State Statutes. Unanimous approval.

3. 80 Litchfield Turnpike, Application #2009-012 submitted by Jas R. Hartmann (Double H Farm) for a Special Exception Permit to operate a boarding stable and riding lessons – No one was present for this application. The Commission received the application. Isabel Kearns, ZEO, recommended that the Commission schedule a public hearing. The Commission scheduled a public hearing for this application at the next regular meeting on June 3, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Unanimous approval.


OLD BUSINESS

1. 523 Carrington Road, Application #2009-001 submitted by John Paul Garcia for a Special Exception Permit for one rear lot – Hearing continued to June 3, 2009. Tabled.

2. 523 Carrington Road, Application #2009-002 submitted by John Paul Garcia for a Three-Lot Resubdivision with waiver requests for the provision of open space and a water source for fire protection – Hearing continued to June 3, 2009. Tabled.

3. 845 Carrington Road, Application #2009-009 submitted by Acorn Traders, LLC for a Zoning Permit for an additional use to compost horse manure – Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2009-009:

Whereas, Acorn Traders, LLC applied on April 1, 2009, to the Bethany Planning and Zoning Commission for a Zoning Permit for an additional use to compost horse manure (Application #2009-009) at 845 Carrington Road;

Whereas, Acorn Traders, LLC also applied on April 1, 2009, for a Special Exception Permit to modify the existing permit for manure storage including a site plan showing the location of the manure pile (Application #2009-010) in conjunction with this application;




Whereas, the Commission at its meeting of May 6, 2009, considered the Statement of Use dated March 31, 2009, testimony and other pertinent application information relating to this additional use;

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

1) The Commission received a letter dated March 23, 2009, from the South Central Connecticut Regional Water Authority in which Ronald Walters offered the following comments: 1) Erosion controls should be installed prior to any site work. They should be inspected weekly and after each rainfall. Additional controls should be stored on site for any necessary repairs. 2) The activity should comply with the DEP general permit and the DPH regulations regarding the manure storage.
2) Inland Wetlands Permit #1122 has been issued for this site development, which was approved on April 27, 2009.
3) Lynn Fox of Quinnipiack Valley Health District signed off on the back of the application form indicating her approval on April 1, 2009.
4) Rod White, Fire Marshal, signed off on the back of the application form indicating his approval on May 1, 2009.

Now Therefore Be It Resolved, that pursuant to Section 5.1A of the Town of Bethany Zoning Regulations, effective September 15, 2008, the Bethany Planning and Zoning Commission approves the Zoning Permit for an additional use to compost horse manure (Application #2009-009) based on the following plans prepared by Civil C1, Woodbury, Connecticut:

a) “Site Plan, Grading Plan, Erosion Control Plan, Drainage Plan”, dated March 20, 2009, with no revisions.
b) “Details”, dated March 20, 2009, with no revisions.
c) “Erosion Control & Stormwater Pollution Control Narrative”, dated March 20, 2009, with no revisions.

And with the following conditions:

1) All previous conditions of approval remain in full force and effect.
Unanimous approval.

4. 845 Carrington Road, Application #2009-010 submitted by Acorn Traders, LLC for a Special Exception Permit to modify the existing permit including site plan – Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved by Shurtleff and seconded by Winer to approve the following resolution for Application #2009-010:




Whereas, Acorn Traders, LLC applied on April 1, 2009, to the Bethany Planning and Zoning Commission for a Special Exception Permit to modify the existing permit for manure storage including a site plan showing the location of the manure pile (Application #2009-010) at 845 Carrington Road;

Whereas, the Commission opened a public hearing on May 6, 2009 for this Special Exception Permit, which is being applied for in conjunction with Application #2009-009 for an Additional Use Permit to compost horse manure;

Whereas, the public hearing was closed on May 6, 2009, at the conclusion of testimony that evening;

Whereas, the Commission also at its meeting of May 6, 2009, considered the Statement of Use dated March 31, 2009, testimony and other pertinent application information relating to this Special Exception Permit;

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

The Commission received a letter dated March 23, 2009, from the South Central Connecticut Regional Water Authority in which Ronald Walters offered the following comments: 1) Erosion controls should be installed prior to any site work. They should be inspected weekly and after each rainfall. Additional controls should be stored on site for any necessary repairs. 2) The activity should comply with the DEP general permit and the DPH regulations regarding the manure storage.
Inland Wetlands Permit #1122 has been issued for this site development, which was approved on April 27, 2009.
Lynn Fox of Quinnipiack Valley Health District signed off on the back of the application form indicating her approval on April 1, 2009.
Rod White, Fire Marshal, signed off on the back of the application form indicating his approval on May 1, 2009.

Now Therefore Be It Resolved that pursuant to Section 5.2.B.7 of the Town of Bethany Zoning Regulations, effective September 15, 2008, the Bethany Planning and Zoning Commission approves the Special Exception Permit to modify the existing permit for manure storage including a site plan showing the location of the manure pile based on the following plans prepared by Civil C1, Woodbury, Connecticut:

a) “Site Plan, Grading Plan, Erosion Control Plan, Drainage Plan”, dated March 20, 2009, with no revisions.
b) “Details”, dated March 20, 2009, with no revisions.
c) “Erosion Control & Stormwater Pollution Control Narrative”, dated March 20, 2009, with no revisions.



And with the following conditions:
1) All previous conditions of approval remain in full force and effect.
Unanimous approval.

5. Bethany Volunteer Fire Department revised Water Source Specifications – The ZEO will contact Mike Katzmark, Representative for the BVFD. Tabled.

6. Zoning Regulation Amendment for Windmill, Towers, and Energy Producing Wind Devices – Mr. Peck will gather more information on windmills and work with the Clean Energy Task Force. Tabled.

7. Town Plan Revision – Discussion and possible action – Hiram Peck, Planning Consultant, handed out to Commission members a list of POCD public comments from the meeting of April 15, 2009, that the Commission may want to discuss. Tabled.

8. Discuss Architectural Reviews – Draft forwarded to the Board of Selectmen. Tabled.

9. Proposed Town of Bethany Noise Control Ordinance – Draft forwarded to the Town Attorney. Tabled.

10. Proposed Ordinance Establishing Citation Procedures and Fines for Zoning Violations – Isabel Kearns, ZEO, stated that the proposed ordinance is scheduled to go to a Town Meeting. Tabled.

11. Update on Halter Estates – Tabled.



It was moved by Shurtleff and seconded by Shea to adjourn the regular meeting at 9:35 p.m.
Unanimous approval.

Respectfully submitted,



Antonia Marek, Clerk
For the Planning and Zoning Commission
MINUTES OF THE SPECIAL MEETING OF THE BETHANY PLANNING AND ZONING COMMISSION ON WEDNESDAY, APRIL 15, 2009 Page 1 of 2



The special meeting of the Planning and Zoning 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 Commission members were present:
Sharon Huxley, Chairman
Melissa Spear, Vice-Chairman
John Ford IV, Member
Mary Shurtleff, Member
Patricia Winer, Member
Donald Shea Jr., Alternate Member

The following Commission members were excused:
Marc Adelberg, Alternate Member
Nellie Rabinowitz, Alternate Member

Also present were:
Hiram Peck, Town Planning Consultant
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Land Use Assistant
Kenneth Martin, Chairman of the Conservation Commission


· Public Meeting to discuss the revised Plan of Conservation and Development and the Open Space Plan.

Chairman Huxley stated this is an informational meeting and not a public hearing.

Hiram Peck, Planning Consultant, prepared a power point presentation pertaining to the revised POCD. Mr. Peck stated the Commission is soliciting public input and would like to receive comments and integrate them into the Plan.

Conservation Commission held a special meeting in conjunction with the Planning and Zoning Commission. Ken Martin, Chairman of the Conservation Commission, reviewed the draft Open Space Plan.

Some of the public commented on the following:
· Page 30, Letter f. – Should this be in this Section? Sentence above Letter a. reads “Bethany has also completed the following municipal improvements and additions.”
· Page 26, Village District Criteria – Choose 8 Village Districts, how did you come up with those eight and what are the size factors.
· How do you get on the Village District list?
· Page 30, under municipal facilities there is no mention of the recreational facility review that was done by the Yale Urban Design Workshop and the Airport Steering Committee.
· Page 30, under municipal facilities the Veteran’s Memorial Park now has a playground.
· Page 14, Letter d. – Encouraging people to come in and allow mixed use. Do not understand what the Commission is trying to do.
· Concerned about what the Town is going to allow for new construction in Village Districts.



· Concerned about Page 26, Village District #4 and #5 – bookending streets and homes in between.
· Concerned about Page 20, Road Policies, Item #3 – Recommend change to 24 feet.
· None of the Airport property be part of the Village District.

Some public residents present brought up their concern for the application submitted for affordable elderly housing on the Airport Property. (Application was withdrawn) Derry Gorski, First Selectman, reviewed the application that was being proposed and stated the application has been withdrawn and is no longer viable.

The public was encouraged to submit written comments on the POCD and these comments will be submitted to the Commission.

Chair Huxley thanked everyone for attending the meeting and getting involved.

Chairman Huxley adjourned the Special Meeting at 9:35 p.m.
Unanimous approval.

Respectfully submitted,


Antonia Marek, Clerk
For the Planning and Zoning Commission
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION
REGULAR MEETING OF MONDAY, APRIL 27, 2009 Page 1 of 5


The regular meeting of the Inland Wetlands Commission was called to order at 7:55 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:
Patricia McGregor, Chairman
Alexandra Breslin, Vice-Chairman
Jack Ellison, Member
Kristine Sullivan, Alternate Member

The following members of the Commission were absent:
John Kane, Member
Jon Painter, Member

Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer
Karen Walton, Land Use Assistant


APPROVAL OF MINUTES

The Commission did not vote on the March 23, 2009 minutes because there were not enough members present at this meeting that were at the March 23, 2009, Regular Meeting.


GENERAL CORRESPONDENCE

1. Narrative from Connwood Foresters, Inc., dated March 3, 2009, Re: Notice of Timber Harvesting Operations in Bethany and Prospect.
2. Wetland Delineation Report prepared by Evans Associates Environmental Consulting, Inc., dated April 21, 2009, for the property located at 171 Amity Road, The Learning Collaborative Property.
3. Letter from Isabel Kearns, IW Agent, to Daniel Cusano of 185 Beacon Road, dated March 30, 2009, Re: Obtaining services of a Soil Scientist and an A-2 Survey for application for 185 Beacon Road.
4. Letter from Shauna Cusano of 185 Beacon Road, dated April 10, 2009, Re: Withdrawal of Application #1118 for 185 Beacon Road to construct a 24’ by 25’ building.
5. Letter from DTC, dated April 24, 2009, Re: Review of revised plans for Woodland Farm Resubdivision, 523 Carrington Road.
6. Letter from Derrylyn Gorski, First Selectwoman, dated March 31, 2009, Re: Withdrawal of Application #1120 (Mutual Housing Association), 761 Amity Road.
7. Letter from SCCRWA dated April 13, 2009, Re: Review of application for 36 Amity Road, reconstruction of garage and outbuilding.
8. Letter from Isabel Kearns, IW Agent to Ronald Bathrick owner of 226 Fairwood Road, dated March 31, 2009, Re; Notice of Violation, silt fence on north side not trenched at 226 Fairwood Road.
9. Letter from Isabel Kearns, IW Agent to Mark D’Andrea owner of 161 Falls Road, dated March 31, 2009, Re: Notice of Violation, anti tracking pad missing at end of existing driveway entrance at 161 Falls Road.


10. Letter from State of CT, DEP, dated March 19, 2009, Re: Copies of the DEP Status and Trends Report and Training Program Summary Report for 2005.

PUBLICATIONS AND WORKSHOPS

1. Connecticut Federation of Lakes, CFL News, April 2009.
2. The Habitat, CACIWC, Winter 2009.

NEW BUSINESS

1. 80 Litchfield Turnpike, Application #1123 submitted by Jason Hartmann for a Site Plan to operate a boarding stable with lessons, training and sales – Present for this application was Jason Hartmann, applicant. Isabel Kearns, IWEO, stated he is not building or constructing anything. The Commission concluded that there was no IWC action required for the proposed activity. The Commission will send a letter to the Planning and Zoning Commission that no Inland Wetlands action is required.

2. Discussion pertaining to jurisdiction for the planned forest harvesting operation scheduled to occur on property owned by The Connecticut Water Company in the Town of Bethany and Prospect – No one was present for this discussion. A narrative from Connwood Foresters, Inc., dated March 3, 2009, Re: Notice of Timber Harvesting Operations in Bethany and Prospect was received. The Commission reviewed and concluded there is a stream crossing being proposed and a permit is required. The IWEO will communicate to Connwood Foresters, Inc., that an IW application is required.

3. 212 Fairwood Road, Application #1124 submitted by Nancy Monocchi for a Site Plan to extend the existing sun porch/accessory building – No one was present for this application.
The Commission received the application. The Commission reviewed the application with the IWEO. The Commission authorized the IWEO to work with the applicant and supervise the proposed activity before the permit is issued. Tabled.

4. 171 Amity Road, Application #1125 submitted by The Learning Collaborative – Gina McCaffrey) for a Site Plan to construct fire escapes, sidewalks, generator pad and apron – Present for this application was Gina McCaffrey, applicant and owner of record. The Commission received the application. Ms. McCaffrey reviewed with the Commission the proposed activity. The Commission was concerned with the runoff from the roof in the back of the building on the southwest corner of the property travelling down slope into the wetlands. The applicant will work with the IWEO to direct the position of the runoff to stop any erosion. The IWEO will report back to the Commission at the next regular meeting. Tabled.










OLD BUSINESS

1. 185 Beacon Road, Application #1118 submitted by Daniel Cusano for an IW Permit for the construction of a 24’ by 25’ building – No one was present for this application. A letter from Shauna Cusano of 185 Beacon Road, dated April 10, 2009, Re: Withdrawal of Application #1118 for 185 Beacon Road to construct a 24’ by 25’ building. It was moved by Breslin and seconded by Ellison to accept the withdrawal of Application #1118 for 185 Beacon Road. Unanimous approval.

2. 523 Carrington Road (Woodlot Farm), Application #1119 submitted by John Paul Garcia for an IW Permit for a Three-Lot Resubdivision – Present for this application was John Paul Garcia, P.E./L.S., applicant. Some of the Commission members conducted a site visit on April 11, 2009. The Commission would like the applicant to access the lots with one common driveway for safety reasons and to eliminate extra runoff. Mr. Garcia reviewed with the Commission the letter from Diversified Technology Consultants, dated April 24, 2009. Mr. Garcia will revise the plans and resubmit them to DTC for comments. Tabled.

3. 761 Amity Road, Application #1120 submitted by the Mutual Housing Association of South Central CT, Inc. for an IW Permit to construct twelve rental senior affordable dwellings and one caretaker’s unit – No one was present for this application. A letter from Derrylyn Gorski, First Selectwoman, dated March 31, 2009, Re: Withdrawal of Application #1120 (Mutual Housing Association), 761 Amity Road. It was moved by Breslin and seconded by Ellison to accept the withdrawal of Application #1120 for 761 Amity Road. Unanimous approval.

4. 36 Carrington Road, Application #1121 submitted by Timothy Strazar (Strazar Design) for and IW Permit to replace the existing outbuilding and remove and reconstruct the existing 3-bay garage – No one was present for this application. Some of the Commission members conducted a site visit on April 11, 2009, and noted the wetlands are in a field in front of the house. The Commission discussed and proceeded to deliberate. It was moved by Breslin and seconded by Ellison to approve Application #1121 submitted by Timothy Strazar (Strazar Design) for an Inland Wetlands Permit to replace the existing outbuilding and remove and reconstruct the existing 3-bay garage in accordance with the submitted plan, untitled, submitted March 23, 2009, hand-drawn prepared by the applicant and with the standard conditions found on the Land Records Volume 93, Page 802 and Page 803.
Unanimous approval.

5. 82 Russell Road, Application #768-M-4 submitted by Mary Ellen Unger to modify the IW Permit to construct a 28’ by 40’ barn – No one was present for this application. Some of the Commission members conducted a site visit on April 11, 2009, and it was noted that ATV’s have been driving through the wetlands. The Commission asked the IWEO to communicate to the property owners through a letter what was observed at the site visit and educate them about the Conservation Area Signs posted on their property. The Commission proceeded to discuss the application and to deliberate. It was moved by McGregor and seconded by Ellison to approve Application #768-M-4 submitted by Mary Ellen Unger to modify the IW Permit to construct a 28-foot by 40-foot barn in accordance with the submitted plan, untitled, submitted March 10, 2009, with hand-drawn revisions prepared by the applicant and with the standard conditions found on the Land Records Volume 93, Page 802 and


Page 803. The Commission noted that for any future activity there can be no renewal of this permit and that a new permit will be required. This permit #768-M-4 will expire on August 21, 2010. Unanimous approval.

6. 845 Carrington Road, Application #1122 submitted by Acorn Traders for an IW Permit for a site plan to compost horse manure – Present for this application was Theron Simons and Robert Carrington, owners of record and applicants. Mr. Simon reviewed with the Commission the process of the composting and stated they are within the State guidelines. The Commission discussed and proceeded to deliberate. It was moved by Breslin and seconded by Ellison to approve Application #1122 submitted by Acorn Traders for an Inland Wetlands Permit for a site plan to compost horse manure in accordance with the following submitted plans prepared by Civil C1, Woodbury, Connecticut:
A. “Site Plan, Grading Plan, Erosion Control Plan, Drainage Plan”, dated March 20, 2009, with no revisions.
B. “Details”, dated March 20, 2009, with no revisions.
C. “Erosion Control & Stormwater Pollution Control Narrative”, dated March 20, 2009, with no revisions.
And with the following conditions in addition to the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
a) This approval is contingent upon a bond being submitted in an amount acceptable to Diversified Technology Consultants and in a form acceptable to Town Counsel.
b) All of the terms and conditions of the original permit shall remain in full force and effect.
Unanimous approval.

7. 268 Wooding Hill Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Desist Order issued to Mr. and Mrs. Bruce Hitchcock of 268 Wooding Hill Road, dated October 5, 2007 – Tabled.
8. 270 Wooding Hill Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Desist Order issued to William Palmieri and Kathryn Sylvester of 270 Wooding Hill Road, dated October 5, 2007 – Tabled.

9. 185 Fairwood Road, Reconvene “Show Cause” Hearing pertaining to the Cease & Restore Order Issued to William Grieger, dated May 1, 2007 – Tabled.

10. 185 Beacon Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Restore Order Issued to Daniel Cusano, dated June 20, 2006 – Tabled.

11. 27 Hamilton Drive, Reconvene “Show Cause” Hearing pertaining to the order to Cease Activity Issued to Daniel Dinas and Angela Cunha, dated May 9, 2006 – Tabled.

12. Continue review and adoption process for the new Inland Wetlands Regulations (Adopt new Inland Wetlands Regulations at the same time as proposed Stormwater Regulations.) – The Commission scheduled a Special Meeting for Tuesday, May 19, 2009, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.






It was moved by Ellison and seconded by Breslin to adjourn the regular meeting at 9:30 p.m.
Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
for the Inland Wetlands Commission
BOARD OF FINANCE
SPECIAL MEETING
MAY 19, 2009
Page 1 of 2
Attendance: Chairman Janet Brunwin, Sally Huyser, Robert Brinton Jr., Richard Van Horn, Eric Gallant

Chairman Brunwin called the meeting to order at 7:00 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.

APPROVAL OF MINUTES
APRIL 14, 2009
Chairman Brunwin called for a motion of approval for the minutes of the April 14, 2009 meeting. The motion of approval was moved by Brinton Jr. and seconded by Van Horn. A spelling error was noted to the word increases. The corrected minutes were then approved on a unanimous vote.

APRIL 20, 2009
Chairman Brunwin called for a motion of approval for the minutes of the April 20, 2009 Budget Hearing. The motion of approval was moved by Chairman Brunwin and seconded by Van Horn. Chairman Brunwin corrected the statement that the policy the Town would like to keep regarding the Fund Balance was between 10 – 14% of expenditures. The example listed for property tax increase was for median tax payers. The corrected minutes were then approved on a unanimous vote.

APRIL 21, 2009
Chairman Brunwin called for a motion of approval for the minutes of the special meeting of April 21, 2009. A motion of approval was moved by Huyser and seconded by Brinton Jr. The spelling of Gordon LeVasseur ‘s name was corrected by Chairman Brunwin. The vote was called. The vote taken was unanimous.

CORRESPON DENCE
Correspondence has been received from Moody’s regarding the bond rating.

MILL RATE
Brinton Jr. moved a motion to set the mill rate at 27.00 mills. The motion was seconded by Van Horn. The vote taken was unanimous.

CHAIRMAN’S REPORT
Chairman Brunwin reports that she met with Marcia Marien, First Selectwoman Gorski and Michael Battista regarding procedures for the audit for fiscal year 2008-09. The Policy Manuel for the Town of Bethany Board of Finance should be completed for approval at the next meeting. Setting up of a complete set of books will be completed by Michael Battista for next fiscal year.
Discussion was opened regarding transferring of funds within the Capital Expenditure account. It was not clear as to whether balances from under expended Capital Expenditures could be transferred to over expended Capital Expenditures without Town Meeting approval. Following discussion Brinton Jr. volunteered to look up the State Statute that covers this subject.

The auditors recommended opening a special Park and Recreation revenues account to receive the registration fees for Summer Camp starting in July 2009. In the future the Park and Recreation account could be set up to turn over each year, building an account that could eventually maintain expenditures for the Park and Recreation Department independent from the Town budget.

APPOINTMENT OF AN AUDITOR
Van Horn moved to appoint Marien and Company LLC as auditors for fiscal year 2008-09. Brinton Jr. seconded the motion. The vote taken was unanimous.

AMITY FINANCIAL COMMITTEE MEETING
Chairman Brunwin attended the Amity Financial Committee Meeting. At this meeting enrollment statistics were discussed.

The State of Connecticut construction audit for the construction at both the Amity Middle Schools and Amity High School has been completed. A surplus was reported when the audit was complete. A determination will be made as to how it is returned to the Towns. There will also be approximately $1,160,000 savings on the bond issue due to the better interest rate received at the bond sale.

BETHANY ELEMENTARY SCHOOL BOARD OF EDUCATION MEETING
Board of Finance members attended the Bethany Elementary School Board of Education Meeting recently. The visit was to try and develop better communication between the School Board and the Board of Finance. Board of Finance members encouraged the Board of Education to return money not needed to complete this year’s budge, rather than buying things that are just nice to have, and not really a necessity.

ADJOURNMENT
Adjournment was called at 8:00 p.m. after a motion was moved by Van Horn and seconded by Chairman Brunwin. The vote taken was unanimous.

Respectfully submitted,

June G. Riley
Clerk, Board of Finance
BOARD OF SELECTMEN
MAY 11, 2009
Page 1 of 2

Attendance: First Selectman Derrylyn Gorski, Selectman Walter Briggs, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Brian Laubstein, Donald Shea, Mike Gioviani
First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:35. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was check the signing of checks. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.
APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approve for the minutes of the meeting of April 27, 2009. The motion of approval was moved by Selectman Thornquist and seconded by Selectman Briggs. Selectman Briggs amended the minutes by adding the name of Joyce Plaskowicz as a visitor to that meeting. The amended minutes were then accepted on a unanimous vote.
TAX REFUNDS
First Selectwoman Gorski called for a motion of approval for Tax Refunds. Selectman Briggs moved to refund to Arnold Sabatelli the sum of $4.00, to Brad Bartele the sum of $2.53, to Carol Amendola the sum of $3.07, to Cathy Dolan the sum of $3.79, to Janet Brinsmade the sum of $3.10, to John Mizzone the sum of $4.00, to Junkai Zhou the sum of $3.00, to Kevin Moody the sum of $1.20, to Kim Acton the sum of $4.17, to Linda Phillie the sum of $4.54, to Louis Gugliotti the sum of $4.98, to Pat Hosey the sum of $3.16, to Robert Weidig the sum of $4.25, and to Rocco Laudadio the sum of $3.00 all for overpayment of taxes. Selectman Thornquist seconded the motion. The vote taken was unanimous.
VENDOR PERMITS
Discussion was opened regarding issuing of Vendor Permits. The Town Clerk’s Office is getting requests from vendors to sell at various locations in Bethany. Since the present Town ordinance does not cover selling on Town property, the Town Clerk has referred this issue to the Board of Selectmen for review. The fee schedule will also need to be reviewed since the fee of $2.00 was set many years ago. The fee charged now for Hawking and Vendors Permits by other towns is much higher. Mike Gioviani was present to request permission of the Selectmen to sell ice cream at Veteran’s Memorial Park this summer. The Town of Bethany is the owner of record and there is nothing in the ordinances that covers such permitting. Following discussion Selectman Thornquist moved to allow Mike Gioviani to sell ice cream from his truck at Veteran’s Memorial Park during the hours as stated in the ordinance. Mr. Gioviani has an ice cream truck that is licensed by the Health Department. Selectman Briggs seconded the motion. The vote taken was unanimous.


CLEAN ENERGY AGREEMENT FOR AMITY
Signing of the Clean Energy Agreement for Amity was tabled. The agreement has not been received to date for review.
ZONING VIOLATION ORDINANCES
The proposed zoning violation ordinances with the fine schedule for violations, was not ready for review by the Board of Selectmen at this meeting.
SIGN CALL FOR ANNUAL TOWN MEETING
All Selectmen signed the call for the Annual Town Meeting to be held May 18, 2009 at 7:00 p.m.
GREATER BRIDGEPORT INTER LOCAL AGREEMENT
Attorney McSherry was present and explained to the Board of Selectmen the Greater Bridgeport Inter -Local Agreement. Following a brief discussion Selectman Thornquist moved to authorize First Selectwoman Derrylyn Gorski to sign the agreement on behalf of the Town of Bethany. Selectman Briggs seconded the motion. The vote was called. The vote taken was unanimous.
OTHER
Selectman Briggs questioned the new signs at Veteran’s Memorial Park. First Selectwoman Gorski explained they were put there by the Park & Recreation Commission to try to discourage equestrian use of the bridge and fields at the park.
Brian Laubstein indicated that Planning and Zoning had sent him back to the Board of Selectmen regarding the problem he is having with wandering chickens from the neighbors in his yard. No action was taken at this time.
ADJOURNMENT
Adjournment was called at 8:00 p.m. after a motion was moved by Selectman Briggs and seconded by Selectman Thornquist.

Respectfully submitted,

June G. Riley
Secretary, Board of Selectmen