MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR
MEETING OF MONDAY, SEPTEMBER 12, 2011 Page 1 of 4
The regular meeting of the Zoning Board of Appeals was called to order at 7:12 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Board Members were present:
Carol Goldberg, Chair
Ruth Beardsley, Vice Chair, who arrived at 7:34 p.m.
Steven Massey, Member
James Gugliotti, Member
Walter Briggs, Member
Frances Doba, Alternate Member, serving as a voting member.
The following Board Members were absent or excused:
Lisa Gaw, Alternate Member
Margaret Foley, Alternate Member
Also present was:
Isabel Kearns, Zoning Enforcement Officer
It was moved by Gugliotti and seconded by Massey to add to the agenda the Election of Officers for the 2011 to 2012 term. Unanimous approval.
ELECTION OF OFFICERS
It was moved by Gugliotti and seconded by Massey to nominate Carol Goldberg as Chair for the Zoning Board of Appeals for the 2011 to 2012 term. Unanimous approval.
It was moved by Gugliotti and seconded by Massey to nominate Ruth Beardsley as Vice-Chair for the Zoning Board of Appeals for the 2011-2012 term. Unanimous approval.
It was moved by Gugliotti and seconded by Doba to nominate Steve Massey as Secretary for the Zoning Board of Appeals for the 2011-2012 term. Unanimous approval.
MINUTES
The approving of the minutes of the May 9, 2011, Regular Meeting was tabled until the next regular meeting.
BILL
It was moved by Gugliotti and seconded by Doba to approve the payment of a bill for $95.00, dated September 12, 2011, from Anne Sohon for recording services for the public hearing (190 Russell Road).
Unanimous approval.
PUBLIC HEARING – 190 RUSSELL ROAD
Chair Goldberg opened the public hearing for 190 Russell Road at 7:16 p.m.
Chair Goldberg read the notice of the public hearing for the application submitted by Donna Amendola for property located at 190 Russell Road for a 15-foot variance of the rear yard setback to allow a 35-foot rear yard setback for the construction of a shed/pool house.
Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.
Chair Goldberg stated that the Zoning Regulations state that the applicant shall notify the surrounding property owners within 100 feet of the application and that the applicant needs to provide evidence at the time of the public hearing by submitting a “certificate of mailing” for the record. Mrs. Amendola had a copy of the “certificate of mailing” and the Board requested the original copy. Mrs. Amendola agreed to go to her home to obtain the original copy.
The public hearing was recessed at 7:20 p.m. and reconvened at 7:34 p.m.
Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
1) Exhibit 1A – “Certificate of Mailing” dated September 1, 2011, listing addresses of the surrounding property owners within 100 feet of the property that were notified of this application with attached sales receipt dated September 1, 2011.
2) Exhibit 1B – Copy of letter that was sent to addresses listed on the “Certificate of Mailing” dated September 1, 2011.
3) Exhibit 1C – Letter from Frank and Sherryl Pucillo of 384 Bethmour Road, dated September 11, 2011, Re: No objection to ZBA application of Donna Amendola of 190 Russell Road.
4) Exhibit 1D – Letter from Donald Parrott and Lisa Miles of 378 Bethmour Road, dated September 10, 2011, Re: No objection to ZBA application of Donna Amendola.
5) Exhibit 1E – Letter from Mr. and Mrs. Stephen Drew of 200 Russell Road, dated September 11, 2011, Re: No objection to ZBA application of Donna Amendola.
6) Exhibit 1F – Letter from John and Lisa Grabowski of 182 Russell Road, dated September 11, 2011, Re: No objection to ZBA application of Donna Amendola.
7) Exhibit 1G – Letter from Isabel Kearns, ZEO, to Mr. and Mrs. Ralph Amendola of 190 Russell Road, dated May 24, 2011, Re: Zoning Application for shed/pool house at 190 Russell Road.
8) Exhibit 1H – Two pages of a copy of “Site Plan prepared for Amendola” dated August 25, 1992.
9) Exhibit 1”I” – Photograph of southern most part of the pool.
10) Exhibit 1J – Photograph of northern part of the pool.
11) Exhibit 1K – Original copy of an Administrative Zoning Permit for an inground pool approved July 13, 2009.
12) Exhibit 1L – Copy of variance approved for 190 Russell Road on July 17, 1999.
Present to speak on behalf of the application was Donna Amendola, applicant and owner or record. Mrs. Amendola noted the following:
That there is ledge to the west side of the property.
Driveway is on the east side of the property.
That the well will be encompassed in the proposed shed/pool house.
The shed will be 30’ by 32’.
Will remove overhang to accommodate square foot requirement for proposed structure as stated in Exhibit 1G (new measurement will be 991 square feet).
In discussion, Board members noted:
Applicant did not provide evidence of ledge (verbally stated).
No topography map submitted.
There are other areas between house and pool where the proposed shed can be located.
Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were no comments.
Chair Goldberg asked if there were any public members who would like to speak in opposition of this application. There were no comments.
There being no further discussion, at 8:36 p.m. Chair Goldberg closed the public hearing on the subject application.
DELIBERATION AND DECISION MAKING SESSION
Board members further discussed the application and proceeded to deliberate.
190 Russell Road –
It was moved by Gugliotti and seconded by Briggs that the Zoning Board of Appeals denies the application of Donna Amendola for the property located at 190 Russell Road and shown on Assessor’s Map #113, Lot #3-2 for a variance of Sections 4.1.C and 3.4 of the Bethany Zoning Regulations.
Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings:
The reasons set forth in the application do not justify the granting of the variance.
The financial hardship alleged by the applicant is not so great that the property owner is deprived of any worthwhile rights or benefits of the land because it appears that the property can still be used by the homeowner.
Vote 5 to 0.
Voting for: Goldberg, Gugliotti, Massey, Briggs, Doba.
Unanimous approval.
ADJOURNMENT
It was moved by Gugliotti and seconded by Massey to adjourn the regular meeting at 8:58 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
Monday, September 19, 2011
BOARD OF FINANCE
SEPTEMBER 13, 2011
Page 1 of 2
Attendance: Chairman Janet Brunwin, Sally Huyser, Robert Brinton Jr., Aileen Magda, John Grabowski, Chip Spear, First Selectwoman Derrylyn Gorski
Chairman Brunwin called the meeting of the Board of Finance to order at 7:02 p.m. Chairman Brunwin welcomed Aileen Magda to her first Board of Finance meeting.
APPROVAL OF MINUTES
Chairman Brunwin moved to approve the minutes of the meeting of June 14, 2011. Sally Huyser seconded the motion. Chip Spear questioned the corrections made to the minutes of the meeting of May 31, 2011. Chairman Brunwin could not verify Chip’s question. Approval of the minutes was then tabled until the next meeting.
CHAIRMAN’S REPORT
AMITY FINANCIAL COMMITTEE MEETING
Chairman Brunwin had attended the most recent meeting of the Amity Financial Committee. She reported that Jamie Stirling has been appointed Chairman of the Finance Committee. Chairman Brunwin gave a list of the dates for budget preparation, Public Hearing and the Amity Referendum. Amity closed the year with a $342,000 surplus. This surplus was transferred to the Capital Expenditure account. There will be no refunds to the Towns this year. Roof replacement to the original building was mentioned as a possible Capital request. The committee discussed purchase of a large generator that would power the whole building. They estimated the cost to be $500,000.
BUDGET PREPARATION FOR FISCAL YEAR 2012-13
Chairman Brunwin wanted Board members to be thinking of “how our budget for next year is going to look.
LONG TERM PLANNING COMMITTEE
The Board discussed appointments to the Long Term Planning Committee. Names suggested were Jamie Stirling, Chip Spear, Stephen Squinto, Sharon Huxley and Robert Brinton Jr. Robert Brinton Jr. declined appointment to that committee.
AUDIT
Chairman Brunwin reported that the audit is in progress, however she had nothing to report at this time.
BOND ISSUE
Refinancing of the bonds and possibly putting the road bonding into one issue was discussed. Refinancing of the bonds should save $200,000 in interest.
FIRST SELECTMEN’S REPORT
HURRICANE IRENE
First Selectwoman Gorski reported that the Town Highway labor overtime for Hurricane Irene was $11,400. Alan Green, Rod White and June Riley will attend the FEMA class to see if the Town of Bethany qualifies for assistance.
ROAD STUDY
The Road Study conducted by COG is available. The date will be announced for a Public Hearing on this matter. The Board of Finance requested a list of roads that would be completed during this fiscal year.
OCTOBER BOARD OF FINANCE MEETING DATE CHANGE
Chairman Brunwin asked if the Board of Finance meeting for October could be moved to October 4, 2011 as she would be traveling during the week of October 9, 2011. All agreed that it could.
APPOINTMENT OF A CHAIRMAN
All Board of Finance members agreed unanimously that Janet Brunwin should serve as the chairman for the Board of Finance for 2011-12 fiscal year.
ADJOURNMENT
Adjournment was called at 7:55 p.m. after a motion was moved by Sally Huyser and seconded by John Grabowski. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Clerk, Board of Finance
SEPTEMBER 13, 2011
Page 1 of 2
Attendance: Chairman Janet Brunwin, Sally Huyser, Robert Brinton Jr., Aileen Magda, John Grabowski, Chip Spear, First Selectwoman Derrylyn Gorski
Chairman Brunwin called the meeting of the Board of Finance to order at 7:02 p.m. Chairman Brunwin welcomed Aileen Magda to her first Board of Finance meeting.
APPROVAL OF MINUTES
Chairman Brunwin moved to approve the minutes of the meeting of June 14, 2011. Sally Huyser seconded the motion. Chip Spear questioned the corrections made to the minutes of the meeting of May 31, 2011. Chairman Brunwin could not verify Chip’s question. Approval of the minutes was then tabled until the next meeting.
CHAIRMAN’S REPORT
AMITY FINANCIAL COMMITTEE MEETING
Chairman Brunwin had attended the most recent meeting of the Amity Financial Committee. She reported that Jamie Stirling has been appointed Chairman of the Finance Committee. Chairman Brunwin gave a list of the dates for budget preparation, Public Hearing and the Amity Referendum. Amity closed the year with a $342,000 surplus. This surplus was transferred to the Capital Expenditure account. There will be no refunds to the Towns this year. Roof replacement to the original building was mentioned as a possible Capital request. The committee discussed purchase of a large generator that would power the whole building. They estimated the cost to be $500,000.
BUDGET PREPARATION FOR FISCAL YEAR 2012-13
Chairman Brunwin wanted Board members to be thinking of “how our budget for next year is going to look.
LONG TERM PLANNING COMMITTEE
The Board discussed appointments to the Long Term Planning Committee. Names suggested were Jamie Stirling, Chip Spear, Stephen Squinto, Sharon Huxley and Robert Brinton Jr. Robert Brinton Jr. declined appointment to that committee.
AUDIT
Chairman Brunwin reported that the audit is in progress, however she had nothing to report at this time.
BOND ISSUE
Refinancing of the bonds and possibly putting the road bonding into one issue was discussed. Refinancing of the bonds should save $200,000 in interest.
FIRST SELECTMEN’S REPORT
HURRICANE IRENE
First Selectwoman Gorski reported that the Town Highway labor overtime for Hurricane Irene was $11,400. Alan Green, Rod White and June Riley will attend the FEMA class to see if the Town of Bethany qualifies for assistance.
ROAD STUDY
The Road Study conducted by COG is available. The date will be announced for a Public Hearing on this matter. The Board of Finance requested a list of roads that would be completed during this fiscal year.
OCTOBER BOARD OF FINANCE MEETING DATE CHANGE
Chairman Brunwin asked if the Board of Finance meeting for October could be moved to October 4, 2011 as she would be traveling during the week of October 9, 2011. All agreed that it could.
APPOINTMENT OF A CHAIRMAN
All Board of Finance members agreed unanimously that Janet Brunwin should serve as the chairman for the Board of Finance for 2011-12 fiscal year.
ADJOURNMENT
Adjournment was called at 7:55 p.m. after a motion was moved by Sally Huyser and seconded by John Grabowski. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Clerk, Board of Finance
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, SEPTEMBER 7, 2011 Page 1 of 7
The regular meeting of the Planning and Zoning Commission was called to order at 7:02 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, Chair
Mary Shurtleff, Vice-Chair
Patricia Winer, Member
Michael Calhoun, Member
Marc Adelberg, Alternate Member, seated as a voting member.
Donna Shea, Alternate Member
Nellie Rabinowitz, Alternate Member
The following Commission member was absent or excused:
Kimberly McClure Brinton, Member
Also present were:
Hiram Peck, Planning Consultant
Isabel Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Winer and seconded by Shurtleff to approve, as submitted, the minutes of the August 3, 2011, Regular Meeting.
Voting for: Spear, Shurtleff, Winer, Adelberg.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Town Attorney Kevin McSherry to Bruce Loomis, Conservation Commission Chairman, submitted August 22, 2011, Re: Clarification of the open space portion of the recent approval of the resubdivision granted for 100 Miller Road.
2. Letter from Quinnipiack Valley Health District, dated September 6, 2011, Re: Review comments on application for medical office with exam room, 696 Amity Road, Unit B-1.
3. Email from Johanne Rousseau-Holt to Isabel Kearns, ZEO, dated September 6, 2011, Re: Withdrawing Application #2011-020 for Home Occupation Permit to operate a therapeutic massage business.
4. Email from John Laudano of Quinnipiack Valley Health District to Isabel Kearns, ZEO, dated September 7, 2011, Re: Review comments for 60 Mesa Drive.
5. Letter from Attorney Michael Alexander, representing Christopher Stoyer, dated September 6, 2011, Re: Request for a 90-day extension to file the mylar for an approved subdivision at 100 Miller Road.
6. Email from Eugene Livshits, Regional Planner, SCRCOG, dated August 31, 2011, Re: Hope Regional Housing Forum, September 16, 2011.
7. Email from Eugene Livshits, Regional Planner, SCRCOG, dated August 30, 2011, Re: Town of Prospect, proposed Zoning Regulation Amendment, one year moratorium on wind energy regulation applications.
8. Email from Eugene Livshits, Regional Planner, SCRCOG, dated August 30, 2011, Re: Town of Seymour, proposed Zoning Map Amendment.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Summer 2011.
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 August 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Calhoun, Winer, Adelberg.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO, reported on the following:
Kim McClure Brinton – Country Companions Veterinary started construction at 116 Old Amity Road and the erosion control measures are in place and functioning well.
100 Miller Road Resubdivision – Lot has been cleared and working to get erosion controls in place.
415 Fairwood Road – Operation of fencing business without permit – Building official does not want to inspect the property. Mr. Stuart Cuthbert of 403 Fairwood Road, who brought this to the attention of the PZC, has had a discussion with the First Selectman. Chairman Spear will follow-up with the First Selectman.
NEW BUSINESS
1) Discussion with Conservation Commission regarding letter dated July 25, 2011, requesting clarification of the Open Space portion of the recent approval of the resubdivision granted for 100 Miller Road –
Present for this discussion from the Conservation Commission were Bruce Loomis, Audrey Eisenstadt, and Brian Eitzer.
The Commission received a letter from Town Attorney Kevin McSherry to Bruce Loomis, Conservation Commission Chairman, submitted August 22, 2011, Re: Clarification of the open space portion of the recent approval of the resubdivision granted for 100 Miller Road.
Mr. Loomis stated the Conservation Commission feels the Conservation Commission decision on the open space for the 100 Miller Road Resubdivision was poorly represented in the approval and their major concern (did not meet the open space requirement) was not stated in the approval.
Hiram Peck, Planning Consultant, suggested that the Conservation Commission meet with the Town Attorney and Staff to discuss this matter further.
2) 696 Amity Road, Unit B-1, Application #2011-022 submitted by General Practitioners of Hamden PC for a Business Change of Use – Medical Office –
The Commission formally received the application. Present to speak on behalf of this application was Lynette White, PA-C and applicant.
The Commission received a letter from Quinnipiack Valley Health District, dated September 6, 2011, Re: Review comments on application for medical office with exam room, 696 Amity Road, Unit B-1, not recommending approval at this time.
Isabel Kearns, ZEO, stated the owner of the 696 Amity Road Unit in question will leave another unit they own vacant to meet the water requirements of the Quinnipiack Valley Health District. Ms. Kearns stated she received a verbal approval from the representative of the Quinnipiack Valley Health District after this decision to leave a unit vacant was announced.
Lynette White reviewed the proposed project noting:
· Signage will be placed as allowed by the Amity 63 building association.
· There will be only one employee at this time.
· Medical waste will go in separate containers and a special company that handles medical waste will dispose of it.
· There will be only one examining room.
Robert White, registered architect who is assisting Lynette, reviewed the floor plan of the unit.
Isabel Kearns, ZEO, submitted 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 #2011-022:
Whereas, Taro, LLC, owner of Unit B-1 located at 696 Amity Road authorized Lynnette White to apply for the necessary land-use permits to locate General Practitioners of Hamden in Unit B-1;
Whereas, General Practitioners of Hamden authorized Lynnette White to apply for the necessary land-use permits in a document dated August 24, 2011;
Whereas, General Practitioners of Hamden applied on August 26, 2011, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate a general practitioners office in Unit B-1 of 696 Amity Road;
Whereas, the Commission at its regular meeting of September 7, 2011, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate General Practitioners of Hamden in Unit B-1 at 696 Amity Road;
Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;
Now Therefore the Commission makes the following findings of fact:
1) The Commission received a letter dated September 6, 2011, from Lynn Fox, Quinnipiack Valley Health District representative, stating they cannot recommend approval at this time. However, Isabel Kearns, ZEO, informed the Commission that Lynn Fox left a phone message late this afternoon informing her that it is now approved after vacant unit was discussed.
2) Roderick White, Fire Marshal, signed off on the back of the application form indicating his approval on September 7, 2011.
3) The Commission received a copy of an email dated September 4, 2011, from Ron Walters of South Central Connecticut Regional Water Authority to Isabel Kearns, ZEO, in which he stated he will be away until September 13, 2011, and that he had no comments on this application.
Now Therefore Be It Resolved that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate Hamden General Practitioners, PC in Unit B-1 at 696 Amity Road (Application #2011-022), as presented in the application, statement of use and testimony with the following conditions:
1) A building permit for an Interior-Fit-Out must be approved by the Building Official and the Fire Marshal prior to any renovations to or occupancy of the building.
2) A letter of approval must be received from Quinnipiack Valley Health District.
3) Taro, LLC, owner of record, must submit a letter identifying which unit will remain vacant for the record.
4) South Central Connecticut Regional Water Authority must submit a letter with a favorable recommendation, as outlined in the email dated September 4, 2011.
Voting were: Spear, Shurtleff, Winer, Calhoun, Adelberg.
Vote 5 to 0
Unanimous approval.
3) Discussion with William Grieger regarding 437 Amity Road – Landscaping and Detention Basin –
Present for this discussion was Mr. Bill Grieger, owner of record. Mr. Grieger stated he is trying to get the Certificate of Occupancy for 437 and 443 Amity Road and that a bond for landscaping is in place.
Isabel Kearns, ZEO, stated that the landscaping plan that was modified and approved on May 24, 2011, has not been completed and that Mr. Grieger would like to modify the landscaping plan.
Mr. Grieger presented photographs showing the natural vegetation at the subject location and the areas he would like to modify the landscaping.
The Commission advised Mr. Grieger to submit an application to modify the landscaping plan for the second time.
Hiram Peck, Planning Consultant, will investigate why the Certificate of Occupancy has not been approved at this time and inform Mr. Grieger as soon as possible.
OLD BUSINESS
1. 655 Litchfield Turnpike, Application #2011-020 submitted by Johanne Rousseau-Holt for a Home Occupation Permit to operate a therapeutic massage business –
The Commission received an email from Johanne Rousseau-Holt to Isabel Kearns, ZEO, dated September 6, 2011, Re: Withdrawing Application #2011-020 for Home Occupation Permit to operate a therapeutic massage business.
2. 60 Mesa Drive, Application #2011-021 submitted by Shimei Fan and Richard Korb for a Home Occupation Permit to operate a sound Recording Facility –
Present to speak on behalf of this application was Daniel and Sophia of Global Art Entertainment, applicants.
The Commission received an email from John Laudano of Quinnipiack Valley Health District to Isabel Kearns, ZEO, dated September 7, 2011, Re: Review comments for 60 Mesa Drive.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Shurtleff and seconded by Calhoun to approve the following resolution for Application #2011-021:
Whereas, Shimei Fan and Richard Korb owners of 60 Mesa Drive, applied to the Planning and Zoning Commission on July 29, 2011, for a home occupation permit to operate a sound recording studio out of their home;
Whereas, the Commission at its regular meeting of September 7, 2011, considered the statement of use, narrative, testimony and other pertinent application information relating to this home occupation application;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1. Lynn Fox, Quinnipiack Valley Health District Representative, submitted a letter dated August 3, 2011, which was superseded by an email dated September 7, 2011 from John Laudano, Quinnipiack Valley Health District representative, in which he subsequently approves the application.
2. Rod White, Fire Marshal, signed off on the back of the application form on August 2, 2011, indicating his approval.
Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4(b) of the Town of Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves the application of Shimei Fan & Richard Korb to operate a sound recording studio, as outlined in the Statement of Use.
Abstaining was: Adelberg.
Voting were: Spear, Shurtleff, Winer, Calhoun.
Vote 4 to 0
Unanimous approval.
3. Discussion with Christopher Stoyer regarding response to conditions of the 100 Miller Road Resubdivision Approval dated June 29, 2011 –
Present for this discussion was Attorney Michael Alexander, representing Christopher Stoyer.
The Commission received a letter from Attorney Michael Alexander, representing Christopher Stoyer, dated September 6, 2011, Re: Request for a 90 day extension to file the mylar for an approved subdivision at 100 Miller Road.
It was moved by Calhoun and seconded by Shurtleff to approve the 90-day extension of time for filing of the two-lot resubdivision plan for the property located at 100 Miller Road, Christopher Stoyer, applicant, approved on June 29, 2011. This extension period expires January 18, 2012.
4. Discussion with Hiram Peck, Town Planner, amendment to Zoning Regulations regarding Signs –
The Commission is proposing the following Zoning Regulation amendment:
· Section 6 – Prohibited Uses
Add Section 6.28 – Signs with any type of internal lighting or internal illumination.
The Commission scheduled a public hearing date of Wednesday, October 5, 2011, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
5. Discuss increasing application fees – Tabled.
It was moved by Shurtleff and seconded by Winer to adjourn the regular meeting at 8:45 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
The regular meeting of the Planning and Zoning Commission was called to order at 7:02 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, Chair
Mary Shurtleff, Vice-Chair
Patricia Winer, Member
Michael Calhoun, Member
Marc Adelberg, Alternate Member, seated as a voting member.
Donna Shea, Alternate Member
Nellie Rabinowitz, Alternate Member
The following Commission member was absent or excused:
Kimberly McClure Brinton, Member
Also present were:
Hiram Peck, Planning Consultant
Isabel Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Winer and seconded by Shurtleff to approve, as submitted, the minutes of the August 3, 2011, Regular Meeting.
Voting for: Spear, Shurtleff, Winer, Adelberg.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Town Attorney Kevin McSherry to Bruce Loomis, Conservation Commission Chairman, submitted August 22, 2011, Re: Clarification of the open space portion of the recent approval of the resubdivision granted for 100 Miller Road.
2. Letter from Quinnipiack Valley Health District, dated September 6, 2011, Re: Review comments on application for medical office with exam room, 696 Amity Road, Unit B-1.
3. Email from Johanne Rousseau-Holt to Isabel Kearns, ZEO, dated September 6, 2011, Re: Withdrawing Application #2011-020 for Home Occupation Permit to operate a therapeutic massage business.
4. Email from John Laudano of Quinnipiack Valley Health District to Isabel Kearns, ZEO, dated September 7, 2011, Re: Review comments for 60 Mesa Drive.
5. Letter from Attorney Michael Alexander, representing Christopher Stoyer, dated September 6, 2011, Re: Request for a 90-day extension to file the mylar for an approved subdivision at 100 Miller Road.
6. Email from Eugene Livshits, Regional Planner, SCRCOG, dated August 31, 2011, Re: Hope Regional Housing Forum, September 16, 2011.
7. Email from Eugene Livshits, Regional Planner, SCRCOG, dated August 30, 2011, Re: Town of Prospect, proposed Zoning Regulation Amendment, one year moratorium on wind energy regulation applications.
8. Email from Eugene Livshits, Regional Planner, SCRCOG, dated August 30, 2011, Re: Town of Seymour, proposed Zoning Map Amendment.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Summer 2011.
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 August 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Calhoun, Winer, Adelberg.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO, reported on the following:
Kim McClure Brinton – Country Companions Veterinary started construction at 116 Old Amity Road and the erosion control measures are in place and functioning well.
100 Miller Road Resubdivision – Lot has been cleared and working to get erosion controls in place.
415 Fairwood Road – Operation of fencing business without permit – Building official does not want to inspect the property. Mr. Stuart Cuthbert of 403 Fairwood Road, who brought this to the attention of the PZC, has had a discussion with the First Selectman. Chairman Spear will follow-up with the First Selectman.
NEW BUSINESS
1) Discussion with Conservation Commission regarding letter dated July 25, 2011, requesting clarification of the Open Space portion of the recent approval of the resubdivision granted for 100 Miller Road –
Present for this discussion from the Conservation Commission were Bruce Loomis, Audrey Eisenstadt, and Brian Eitzer.
The Commission received a letter from Town Attorney Kevin McSherry to Bruce Loomis, Conservation Commission Chairman, submitted August 22, 2011, Re: Clarification of the open space portion of the recent approval of the resubdivision granted for 100 Miller Road.
Mr. Loomis stated the Conservation Commission feels the Conservation Commission decision on the open space for the 100 Miller Road Resubdivision was poorly represented in the approval and their major concern (did not meet the open space requirement) was not stated in the approval.
Hiram Peck, Planning Consultant, suggested that the Conservation Commission meet with the Town Attorney and Staff to discuss this matter further.
2) 696 Amity Road, Unit B-1, Application #2011-022 submitted by General Practitioners of Hamden PC for a Business Change of Use – Medical Office –
The Commission formally received the application. Present to speak on behalf of this application was Lynette White, PA-C and applicant.
The Commission received a letter from Quinnipiack Valley Health District, dated September 6, 2011, Re: Review comments on application for medical office with exam room, 696 Amity Road, Unit B-1, not recommending approval at this time.
Isabel Kearns, ZEO, stated the owner of the 696 Amity Road Unit in question will leave another unit they own vacant to meet the water requirements of the Quinnipiack Valley Health District. Ms. Kearns stated she received a verbal approval from the representative of the Quinnipiack Valley Health District after this decision to leave a unit vacant was announced.
Lynette White reviewed the proposed project noting:
· Signage will be placed as allowed by the Amity 63 building association.
· There will be only one employee at this time.
· Medical waste will go in separate containers and a special company that handles medical waste will dispose of it.
· There will be only one examining room.
Robert White, registered architect who is assisting Lynette, reviewed the floor plan of the unit.
Isabel Kearns, ZEO, submitted 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 #2011-022:
Whereas, Taro, LLC, owner of Unit B-1 located at 696 Amity Road authorized Lynnette White to apply for the necessary land-use permits to locate General Practitioners of Hamden in Unit B-1;
Whereas, General Practitioners of Hamden authorized Lynnette White to apply for the necessary land-use permits in a document dated August 24, 2011;
Whereas, General Practitioners of Hamden applied on August 26, 2011, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate a general practitioners office in Unit B-1 of 696 Amity Road;
Whereas, the Commission at its regular meeting of September 7, 2011, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate General Practitioners of Hamden in Unit B-1 at 696 Amity Road;
Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;
Now Therefore the Commission makes the following findings of fact:
1) The Commission received a letter dated September 6, 2011, from Lynn Fox, Quinnipiack Valley Health District representative, stating they cannot recommend approval at this time. However, Isabel Kearns, ZEO, informed the Commission that Lynn Fox left a phone message late this afternoon informing her that it is now approved after vacant unit was discussed.
2) Roderick White, Fire Marshal, signed off on the back of the application form indicating his approval on September 7, 2011.
3) The Commission received a copy of an email dated September 4, 2011, from Ron Walters of South Central Connecticut Regional Water Authority to Isabel Kearns, ZEO, in which he stated he will be away until September 13, 2011, and that he had no comments on this application.
Now Therefore Be It Resolved that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate Hamden General Practitioners, PC in Unit B-1 at 696 Amity Road (Application #2011-022), as presented in the application, statement of use and testimony with the following conditions:
1) A building permit for an Interior-Fit-Out must be approved by the Building Official and the Fire Marshal prior to any renovations to or occupancy of the building.
2) A letter of approval must be received from Quinnipiack Valley Health District.
3) Taro, LLC, owner of record, must submit a letter identifying which unit will remain vacant for the record.
4) South Central Connecticut Regional Water Authority must submit a letter with a favorable recommendation, as outlined in the email dated September 4, 2011.
Voting were: Spear, Shurtleff, Winer, Calhoun, Adelberg.
Vote 5 to 0
Unanimous approval.
3) Discussion with William Grieger regarding 437 Amity Road – Landscaping and Detention Basin –
Present for this discussion was Mr. Bill Grieger, owner of record. Mr. Grieger stated he is trying to get the Certificate of Occupancy for 437 and 443 Amity Road and that a bond for landscaping is in place.
Isabel Kearns, ZEO, stated that the landscaping plan that was modified and approved on May 24, 2011, has not been completed and that Mr. Grieger would like to modify the landscaping plan.
Mr. Grieger presented photographs showing the natural vegetation at the subject location and the areas he would like to modify the landscaping.
The Commission advised Mr. Grieger to submit an application to modify the landscaping plan for the second time.
Hiram Peck, Planning Consultant, will investigate why the Certificate of Occupancy has not been approved at this time and inform Mr. Grieger as soon as possible.
OLD BUSINESS
1. 655 Litchfield Turnpike, Application #2011-020 submitted by Johanne Rousseau-Holt for a Home Occupation Permit to operate a therapeutic massage business –
The Commission received an email from Johanne Rousseau-Holt to Isabel Kearns, ZEO, dated September 6, 2011, Re: Withdrawing Application #2011-020 for Home Occupation Permit to operate a therapeutic massage business.
2. 60 Mesa Drive, Application #2011-021 submitted by Shimei Fan and Richard Korb for a Home Occupation Permit to operate a sound Recording Facility –
Present to speak on behalf of this application was Daniel and Sophia of Global Art Entertainment, applicants.
The Commission received an email from John Laudano of Quinnipiack Valley Health District to Isabel Kearns, ZEO, dated September 7, 2011, Re: Review comments for 60 Mesa Drive.
Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate.
It was moved by Shurtleff and seconded by Calhoun to approve the following resolution for Application #2011-021:
Whereas, Shimei Fan and Richard Korb owners of 60 Mesa Drive, applied to the Planning and Zoning Commission on July 29, 2011, for a home occupation permit to operate a sound recording studio out of their home;
Whereas, the Commission at its regular meeting of September 7, 2011, considered the statement of use, narrative, testimony and other pertinent application information relating to this home occupation application;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1. Lynn Fox, Quinnipiack Valley Health District Representative, submitted a letter dated August 3, 2011, which was superseded by an email dated September 7, 2011 from John Laudano, Quinnipiack Valley Health District representative, in which he subsequently approves the application.
2. Rod White, Fire Marshal, signed off on the back of the application form on August 2, 2011, indicating his approval.
Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4(b) of the Town of Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves the application of Shimei Fan & Richard Korb to operate a sound recording studio, as outlined in the Statement of Use.
Abstaining was: Adelberg.
Voting were: Spear, Shurtleff, Winer, Calhoun.
Vote 4 to 0
Unanimous approval.
3. Discussion with Christopher Stoyer regarding response to conditions of the 100 Miller Road Resubdivision Approval dated June 29, 2011 –
Present for this discussion was Attorney Michael Alexander, representing Christopher Stoyer.
The Commission received a letter from Attorney Michael Alexander, representing Christopher Stoyer, dated September 6, 2011, Re: Request for a 90 day extension to file the mylar for an approved subdivision at 100 Miller Road.
It was moved by Calhoun and seconded by Shurtleff to approve the 90-day extension of time for filing of the two-lot resubdivision plan for the property located at 100 Miller Road, Christopher Stoyer, applicant, approved on June 29, 2011. This extension period expires January 18, 2012.
4. Discussion with Hiram Peck, Town Planner, amendment to Zoning Regulations regarding Signs –
The Commission is proposing the following Zoning Regulation amendment:
· Section 6 – Prohibited Uses
Add Section 6.28 – Signs with any type of internal lighting or internal illumination.
The Commission scheduled a public hearing date of Wednesday, October 5, 2011, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
5. Discuss increasing application fees – Tabled.
It was moved by Shurtleff and seconded by Winer to adjourn the regular meeting at 8:45 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
BOARD OF SELECTMEN
SEPTEMBER 12, 2011
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Kathleen Schurman, Attorney Kevin McSherry
First Selectwoman Gorski called the meeting to order at 7:35 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. First Selectwoman Gorski asked all present to rise for the Pledge of Allegince. The first order of business was the signing of accounts payable and payroll checks.
APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the meetings of August 8, 2011, August 11, 2011 and August 17, 2011. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. The vote taken was unanimous. Selectman Thornquist joined the meeting at 7:45 p.m. Selectman Thornquist then requested re-opening approval of minutes of the meeting of August 8, 2011. His request was granted. Selectman Thornquist then moved to correct the minutes of that meeting by changing the name of the Selectman seconding the motion for the Charge for the Long Term Financial Committee to Selectman Shea. The minutes stand corrected.
TAX REFUNDS
Selectman Shea moved to make tax refunds to the following individuals all for overpayment of taxes:
Ronald & Lorraine Knox $2,212.53
Thomas & Ellen Mitchell $ 36.00
U. S. Bank Home Mortgage $4,296.97
Akbar E. Dar $ 34.52
Arthur or Barbara Thibault $ 150.00
B & B Transportation $ 129.69
Bethany or Richard Gibbons $ 181.27
Donald G. Fertman, Jr. $ 197.40
Gary Ross $ 305.20
Karen & John Zelem $ 50.36
Michael E. Doherty $ 115.05
Michael Thomas Horn $ 157.36
Nicholas or Edward DiGiorgi $ 399.29
Robert Simmons or Joseph Monohan $ 178.18
First Selectwoman Gorski seconded the motion. The vote taken was unanimous.
APPOINTMENTS TO BOARDS AND COMMISSIONS
Selectman Shea moved the motion to make the following appointments.
Tree Warden Raymond Pantalone
Assessor Mario Panagrosso
Fire Police Thomas Hunt, Thomas Hicks, Lester warner
Long Range Financial Committee Chip Spear, Sharon Huxley, Stephen Squinto
Hearing Officers Planning & Zoning Mark Pearson
HURRICANE UPDATE
First Selectwoman Gorski gave a report on the operations at the emergency center for Hurricane Irene. First Selectwoman Gorski has website addresses where residents can get information on damage assessment that could qualify them for hurricane relief funds. First Selectwoman Gorski praised the Cert Team and the Highway Department for their handling of this emergency.
CORRESPONDENCE
Correspondence has been received from Laura Johnson regarding damage to the fence at the Dog Park on Pole Hill Road.
WAIVING OF RENTAL FEE FOR LAKEVIEW LODGE FOR LOVE 146
Eileen Porter has requested a waiving of the rental fee for Lakeview Lodge for her Yoga Clinic. The funds raised will benefit LOVE 146. Selectman Thornquist moved to waive the fee for this event. Selectman Shea seconded the motion. The vote taken was unanimous.
EQUIPMENT RENTAL FEE BID OPENING
Bids were opened by First Selectwoman Gorski. This equipment will be rented to do drainage work on town roads. Bids were received from the following contractors:
Tim Kraus & Son LLC.
Wyatt J. Crotta Construction LLC
Advanced Paving and Excavating, Inc.
W. R. Grieger Excavation Company Inc.
Mesa Excavation & Paving, Inc
The bids will be reviewed by Alan Green, Highway Foreman. Awarding of the bid will be made at a future Selectmen’s meeting.
ADJOURNMENT
Adjournment was called at 8:10 p.m. after a motion was moved by Selectman Thornquist and seconded Selectman Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
SEPTEMBER 12, 2011
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Kathleen Schurman, Attorney Kevin McSherry
First Selectwoman Gorski called the meeting to order at 7:35 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. First Selectwoman Gorski asked all present to rise for the Pledge of Allegince. The first order of business was the signing of accounts payable and payroll checks.
APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the meetings of August 8, 2011, August 11, 2011 and August 17, 2011. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. The vote taken was unanimous. Selectman Thornquist joined the meeting at 7:45 p.m. Selectman Thornquist then requested re-opening approval of minutes of the meeting of August 8, 2011. His request was granted. Selectman Thornquist then moved to correct the minutes of that meeting by changing the name of the Selectman seconding the motion for the Charge for the Long Term Financial Committee to Selectman Shea. The minutes stand corrected.
TAX REFUNDS
Selectman Shea moved to make tax refunds to the following individuals all for overpayment of taxes:
Ronald & Lorraine Knox $2,212.53
Thomas & Ellen Mitchell $ 36.00
U. S. Bank Home Mortgage $4,296.97
Akbar E. Dar $ 34.52
Arthur or Barbara Thibault $ 150.00
B & B Transportation $ 129.69
Bethany or Richard Gibbons $ 181.27
Donald G. Fertman, Jr. $ 197.40
Gary Ross $ 305.20
Karen & John Zelem $ 50.36
Michael E. Doherty $ 115.05
Michael Thomas Horn $ 157.36
Nicholas or Edward DiGiorgi $ 399.29
Robert Simmons or Joseph Monohan $ 178.18
First Selectwoman Gorski seconded the motion. The vote taken was unanimous.
APPOINTMENTS TO BOARDS AND COMMISSIONS
Selectman Shea moved the motion to make the following appointments.
Tree Warden Raymond Pantalone
Assessor Mario Panagrosso
Fire Police Thomas Hunt, Thomas Hicks, Lester warner
Long Range Financial Committee Chip Spear, Sharon Huxley, Stephen Squinto
Hearing Officers Planning & Zoning Mark Pearson
HURRICANE UPDATE
First Selectwoman Gorski gave a report on the operations at the emergency center for Hurricane Irene. First Selectwoman Gorski has website addresses where residents can get information on damage assessment that could qualify them for hurricane relief funds. First Selectwoman Gorski praised the Cert Team and the Highway Department for their handling of this emergency.
CORRESPONDENCE
Correspondence has been received from Laura Johnson regarding damage to the fence at the Dog Park on Pole Hill Road.
WAIVING OF RENTAL FEE FOR LAKEVIEW LODGE FOR LOVE 146
Eileen Porter has requested a waiving of the rental fee for Lakeview Lodge for her Yoga Clinic. The funds raised will benefit LOVE 146. Selectman Thornquist moved to waive the fee for this event. Selectman Shea seconded the motion. The vote taken was unanimous.
EQUIPMENT RENTAL FEE BID OPENING
Bids were opened by First Selectwoman Gorski. This equipment will be rented to do drainage work on town roads. Bids were received from the following contractors:
Tim Kraus & Son LLC.
Wyatt J. Crotta Construction LLC
Advanced Paving and Excavating, Inc.
W. R. Grieger Excavation Company Inc.
Mesa Excavation & Paving, Inc
The bids will be reviewed by Alan Green, Highway Foreman. Awarding of the bid will be made at a future Selectmen’s meeting.
ADJOURNMENT
Adjournment was called at 8:10 p.m. after a motion was moved by Selectman Thornquist and seconded Selectman Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
Wednesday, September 7, 2011
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, AUGUST 22, 2011 Page 1 of 5
The regular meeting of the Inland Wetlands Commission was called to order at 7:39 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:
Alexandra Breslin, Vice-Chair, Acting as Chair
Kristine Sullivan, Member
Brian Smith, Member
Roger Hathaway, Member
Lisa Gaw, Member
Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer
ELECTION OF OFFICERS AND APPOINTMENT OF STAFF
Tabled.
APPROVAL OF MINUTES
1. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the June 27, 2011, Regular Meeting.
Voting were: Breslin, Sullivan, Smith.
Unanimous approval.
2. It was moved by Sullivan and seconded by Smith to approve the minutes of the July 25, 2011, Regular Meeting with the following amendment:
Add to New Business – The formal receipt, without discussion, of the following two applications: #1168 – 265 Beacon Road and #1169 – Francis Drive, Anella Drive, Clay Road.
Voting were: Breslin, Sullivan, Smith.
Unanimous approval.
3. It was moved by Sullivan and seconded by Hathaway to approve the minutes of the August 13, 2011, Special Meeting/Site Visit as proposed to be amended.
Voting were: Breslin, Sullivan, Hathaway.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Diversified Technology Consultants dated August 10, 2011, Re: Review of plans for 18 Munson Road, building and parking lot addition.
2. Letter from South Central Connecticut Regional Water Authority, dated August 19, 2011, Re: Comments from review of revised plans dated July 25, 2011, 18 Munson Road.
3. Letter from Connecticut Department of Energy & Environmental Protection to Mary Ellen and Roger Simon of 63 Downs Road, dated August 5, 2011, Re: West River Pond Dam located at 63 Downs Road, Maintenance List.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Federation of Lakes News, July 2011.
BILLS
1. It was moved by Sullivan and seconded by Smith to approve the payment of $75.00 to the Connecticut Association of Conservation and Inland Wetlands Commission, Inc. for the Membership Renewal for the period of July 1, 2011, through June 30, 2012, for two commissions (sustaining). Share with the Conservation Commission.
Unanimous approval.
2. It was moved by Smith and seconded by Sullivan to approve the payment of $1500.00 to the Southwest Conservation District annual contribution for the Budget year 2011-2012 for support of natural resource conservation effort and providing information, education and technical assistance to municipal agents and private landowners of the town.
Unanimous approval.
NEW BUSINESS
1. 46 Mesa Drive, Application #1170 submitted by James Woodward for a five-lot subdivision –
The Commission formally received the application. Present to speak on behalf of this application was Attorney Paul Jessell of Watertown, Connecticut and Mr. Alan Shepard, P.E. of Nowakowski, O’Bymachow and Kane, Shelton, Connecticut. Both men are representing the applicant, Mr. James Woodward, who was also present at the meeting.
Mr. Shepard briefly reviewed the proposed five-lot subdivision. Mr. Shepard stated that their wetlands and environmental consultants reviewing the wetlands crossing have not commented at this time but will be submitting reports.
In discussion, Commission members noted:
That no report was submitted on the impact to the wetlands.
That no alternative plan for crossing the wetlands was submitted.
This project is a significant activity and a public hearing should be scheduled.
That the applicant is responsible for any additional fees for referrals to our experts.
The Commission scheduled a public hearing date for Monday, October 24, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
OLD BUSINESS
1. 18 Munson Road, Application #1166 submitted by RDC Holding LLC for an Inland Wetlands Permit to construct a 7,200 square foot building addition, 95’ by 125’ parking and loading area -
Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicants and owners of record, Robert and Doreen Reed of RDC Holding LLC, who were also present.
The Commission received a letter from Diversified Technology Consultants, dated August 10, 2011, Re: Comments on review of 18 Munson Road, building and parking lot addition.
Also, the Commission received a letter from South Central Connecticut Regional Water Authority, dated August 19, 2011, Re: Comments on review of revised plans dated July 25, 2011, for 18 Munson Road, construction of building addition.
Mr. Garcia submitted and reviewed plans that were revised to July 25, 2011, and reviewed the comments from Diversified Technology Consultants dated August 10, 2011
Isabel Kearns, IWEO, stated the consultant from Diversified Technology Consultants has not visited the site to date and will be submitting a new report after site visit.
Mr. Garcia reviewed the proposed project noting:
· Revised drainage calculations dated August 16, 2011, were submitted to address DTC comments.
In discussion, Commission members noted:
Proposed storm water management and installation should be filed on land records for future reference.
The Commission will be receiving another report from DTC.
The Commission asked the IWEO to obtain clarification of Item #10 in the letter from DTC dated August 10, 2011.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, September 26, 2011. Tabled.
2. 165 Litchfield Turnpike, Application #1167 submitted by James Anderson for an Inland Wetlands Permit to construct a 30’ by 32’ barn/garage, a 24’ by 20’ inground pool and a 15’ by 15’ shed –
Present to speak on behalf of this application was James Anderson, applicant and owner of record.
Commission members discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application #1167 submitted by James Anderson for an Inland Wetlands Permit to construct a 30’ by 32’ barn/garage and future construction of a 24’ by 20’ inground pool and accompanying 15’ by 15’ shed in accordance with the submitted plan, untitled, with hand drawn revisions prepared by the applicant, dated June 7, 2011, and is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
The silt fence is to stay in place until the area is stabilized (seeded and loamed).
The silt fence that is shown on the plan is to be renewed at such time that the pool and shed are constructed.
The Commission’s decision was based as shown on the plan and with the distance to the wetlands which are down to the adjoining property and the stone wall that’s in between there should not be any adverse impact to the wetlands.
Voting were: Breslin, Sullivan, Smith, Hathaway, Gaw.
Vote 5 to 0.
Unanimous approval.
3. 265 Beacon Road, Application #1168 submitted by the Town of Bethany to locate a 10’ X 16’ Shed –
The Commission received the application for formal receipt at the July 25, 2011, regular meeting but did not discuss.
The Commission would like more information on this application and would like the Director of Public Works Director present at the next meeting to discuss.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, September 26, 2011. Tabled.
4. Francis Drive, Anella Drive, Clay Road, Application #1169 submitted by the Town of Bethany to improve drainage –
The Commission received the application for formal receipt at the July 25, 2011, regular meeting but did not discuss.
The Commission would like more information on this application and would like the Director of Public Works Director present at the next meeting to discuss.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, September 26, 2011. Tabled.
5. Discussion with Joseph Fedorchuck, Troop 931, regarding Rehabilitation of Brinton’s Grove Veterans’ Memorial Park –
Present for this discussion was Joseph Fedorchuck, Troop 931, Eagle Scout Service Proposal.
Mr. Fedorchuck continued his discussion from the previous regular meeting on the proposed project to rehabilitate Brinton’s Grove and stated he would like to complete the project this fall, if possible or will wait until spring. Mr. Fedorchuck noted the picnic tables will be made out of fir and the fire safety sign will be on a metal stake.
In discussion, Commission members noted:
· Concerned with the fire pit and the trucking of wood on the trail to burn.
· That the area closest to the pond not to be cleaned, leave as natural buffer.
· The benches and cleaning of the area in general is not an issue.
· There is no permit for the fire pit.
It was moved by Sullivan and seconded by Smith that the Inland Wetlands Commission prepare a letter to Mr. Fedorchuck stating that the placement of the picnic tables and the clearing and working on the north side of the access road is approved but the Commission would like to further discuss vegetating the shoreline area and review the fire pit concept.
Unanimous approval.
6. Discussion of Senate Bill No. 859, Public Act No. 11-5 – An Act Extending the Time of Expiration of Certain Land Use Permits – The Commission will need to amend the regulations and would like to wait until there is another amendment pending. This item to be removed from the agenda at this time. Tabled.
ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, Inland Wetlands Enforcement Officer, reported that Kim McClure Brinton Country Companions Veterinary started construction at 116 Old Amity Road.
83 Beacon Road – The Commission asked the IWEO to photograph the runoff at the base of the driveway.
It was moved by Sullivan and seconded by Smith to adjourn the regular meeting at 9:07 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
The regular meeting of the Inland Wetlands Commission was called to order at 7:39 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:
Alexandra Breslin, Vice-Chair, Acting as Chair
Kristine Sullivan, Member
Brian Smith, Member
Roger Hathaway, Member
Lisa Gaw, Member
Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer
ELECTION OF OFFICERS AND APPOINTMENT OF STAFF
Tabled.
APPROVAL OF MINUTES
1. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the June 27, 2011, Regular Meeting.
Voting were: Breslin, Sullivan, Smith.
Unanimous approval.
2. It was moved by Sullivan and seconded by Smith to approve the minutes of the July 25, 2011, Regular Meeting with the following amendment:
Add to New Business – The formal receipt, without discussion, of the following two applications: #1168 – 265 Beacon Road and #1169 – Francis Drive, Anella Drive, Clay Road.
Voting were: Breslin, Sullivan, Smith.
Unanimous approval.
3. It was moved by Sullivan and seconded by Hathaway to approve the minutes of the August 13, 2011, Special Meeting/Site Visit as proposed to be amended.
Voting were: Breslin, Sullivan, Hathaway.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Diversified Technology Consultants dated August 10, 2011, Re: Review of plans for 18 Munson Road, building and parking lot addition.
2. Letter from South Central Connecticut Regional Water Authority, dated August 19, 2011, Re: Comments from review of revised plans dated July 25, 2011, 18 Munson Road.
3. Letter from Connecticut Department of Energy & Environmental Protection to Mary Ellen and Roger Simon of 63 Downs Road, dated August 5, 2011, Re: West River Pond Dam located at 63 Downs Road, Maintenance List.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Federation of Lakes News, July 2011.
BILLS
1. It was moved by Sullivan and seconded by Smith to approve the payment of $75.00 to the Connecticut Association of Conservation and Inland Wetlands Commission, Inc. for the Membership Renewal for the period of July 1, 2011, through June 30, 2012, for two commissions (sustaining). Share with the Conservation Commission.
Unanimous approval.
2. It was moved by Smith and seconded by Sullivan to approve the payment of $1500.00 to the Southwest Conservation District annual contribution for the Budget year 2011-2012 for support of natural resource conservation effort and providing information, education and technical assistance to municipal agents and private landowners of the town.
Unanimous approval.
NEW BUSINESS
1. 46 Mesa Drive, Application #1170 submitted by James Woodward for a five-lot subdivision –
The Commission formally received the application. Present to speak on behalf of this application was Attorney Paul Jessell of Watertown, Connecticut and Mr. Alan Shepard, P.E. of Nowakowski, O’Bymachow and Kane, Shelton, Connecticut. Both men are representing the applicant, Mr. James Woodward, who was also present at the meeting.
Mr. Shepard briefly reviewed the proposed five-lot subdivision. Mr. Shepard stated that their wetlands and environmental consultants reviewing the wetlands crossing have not commented at this time but will be submitting reports.
In discussion, Commission members noted:
That no report was submitted on the impact to the wetlands.
That no alternative plan for crossing the wetlands was submitted.
This project is a significant activity and a public hearing should be scheduled.
That the applicant is responsible for any additional fees for referrals to our experts.
The Commission scheduled a public hearing date for Monday, October 24, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
OLD BUSINESS
1. 18 Munson Road, Application #1166 submitted by RDC Holding LLC for an Inland Wetlands Permit to construct a 7,200 square foot building addition, 95’ by 125’ parking and loading area -
Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicants and owners of record, Robert and Doreen Reed of RDC Holding LLC, who were also present.
The Commission received a letter from Diversified Technology Consultants, dated August 10, 2011, Re: Comments on review of 18 Munson Road, building and parking lot addition.
Also, the Commission received a letter from South Central Connecticut Regional Water Authority, dated August 19, 2011, Re: Comments on review of revised plans dated July 25, 2011, for 18 Munson Road, construction of building addition.
Mr. Garcia submitted and reviewed plans that were revised to July 25, 2011, and reviewed the comments from Diversified Technology Consultants dated August 10, 2011
Isabel Kearns, IWEO, stated the consultant from Diversified Technology Consultants has not visited the site to date and will be submitting a new report after site visit.
Mr. Garcia reviewed the proposed project noting:
· Revised drainage calculations dated August 16, 2011, were submitted to address DTC comments.
In discussion, Commission members noted:
Proposed storm water management and installation should be filed on land records for future reference.
The Commission will be receiving another report from DTC.
The Commission asked the IWEO to obtain clarification of Item #10 in the letter from DTC dated August 10, 2011.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, September 26, 2011. Tabled.
2. 165 Litchfield Turnpike, Application #1167 submitted by James Anderson for an Inland Wetlands Permit to construct a 30’ by 32’ barn/garage, a 24’ by 20’ inground pool and a 15’ by 15’ shed –
Present to speak on behalf of this application was James Anderson, applicant and owner of record.
Commission members discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application #1167 submitted by James Anderson for an Inland Wetlands Permit to construct a 30’ by 32’ barn/garage and future construction of a 24’ by 20’ inground pool and accompanying 15’ by 15’ shed in accordance with the submitted plan, untitled, with hand drawn revisions prepared by the applicant, dated June 7, 2011, and is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
The silt fence is to stay in place until the area is stabilized (seeded and loamed).
The silt fence that is shown on the plan is to be renewed at such time that the pool and shed are constructed.
The Commission’s decision was based as shown on the plan and with the distance to the wetlands which are down to the adjoining property and the stone wall that’s in between there should not be any adverse impact to the wetlands.
Voting were: Breslin, Sullivan, Smith, Hathaway, Gaw.
Vote 5 to 0.
Unanimous approval.
3. 265 Beacon Road, Application #1168 submitted by the Town of Bethany to locate a 10’ X 16’ Shed –
The Commission received the application for formal receipt at the July 25, 2011, regular meeting but did not discuss.
The Commission would like more information on this application and would like the Director of Public Works Director present at the next meeting to discuss.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, September 26, 2011. Tabled.
4. Francis Drive, Anella Drive, Clay Road, Application #1169 submitted by the Town of Bethany to improve drainage –
The Commission received the application for formal receipt at the July 25, 2011, regular meeting but did not discuss.
The Commission would like more information on this application and would like the Director of Public Works Director present at the next meeting to discuss.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, September 26, 2011. Tabled.
5. Discussion with Joseph Fedorchuck, Troop 931, regarding Rehabilitation of Brinton’s Grove Veterans’ Memorial Park –
Present for this discussion was Joseph Fedorchuck, Troop 931, Eagle Scout Service Proposal.
Mr. Fedorchuck continued his discussion from the previous regular meeting on the proposed project to rehabilitate Brinton’s Grove and stated he would like to complete the project this fall, if possible or will wait until spring. Mr. Fedorchuck noted the picnic tables will be made out of fir and the fire safety sign will be on a metal stake.
In discussion, Commission members noted:
· Concerned with the fire pit and the trucking of wood on the trail to burn.
· That the area closest to the pond not to be cleaned, leave as natural buffer.
· The benches and cleaning of the area in general is not an issue.
· There is no permit for the fire pit.
It was moved by Sullivan and seconded by Smith that the Inland Wetlands Commission prepare a letter to Mr. Fedorchuck stating that the placement of the picnic tables and the clearing and working on the north side of the access road is approved but the Commission would like to further discuss vegetating the shoreline area and review the fire pit concept.
Unanimous approval.
6. Discussion of Senate Bill No. 859, Public Act No. 11-5 – An Act Extending the Time of Expiration of Certain Land Use Permits – The Commission will need to amend the regulations and would like to wait until there is another amendment pending. This item to be removed from the agenda at this time. Tabled.
ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, Inland Wetlands Enforcement Officer, reported that Kim McClure Brinton Country Companions Veterinary started construction at 116 Old Amity Road.
83 Beacon Road – The Commission asked the IWEO to photograph the runoff at the base of the driveway.
It was moved by Sullivan and seconded by Smith to adjourn the regular meeting at 9:07 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
Monday, August 15, 2011
BOARD OF SELECTMEN
MONDAY, AUGUST 8, 2011
Page 1 of 4
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Ben Rosenbloom, Erwin Steward, Kathleen Schurman
First Selectwoman Derrylyn Gorski called the meeting of the Board of Selectmen to order at 7:32 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was signing of the accounts payable checks. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.
ADDITION TO AGENDA
Selectman Shea moved to add Woods Road to the agenda of this meeting. Selectman Thornquist seconded the motion. The vote taken was unanimous.
WOODS ROAD
Erwin Steward and Ben Rosenbloom were present to discuss with the Selectmen the condition of Woods Road. Woods is a private road off of route 69. According to maps on file, this sub-division was created in 1936. There are eighteen homes on Woods Road. The road is presently in a state of disrepair. Mr. Steward and Mr. Rosenbloom were making inquiries whether the Town could do the repair and then place an assessment on each homeowner to recoup the money. The Rosenbloom’s, who have lived on Woods Road for ten years, indicated they had gotten an estimate a few years ago to do repair work. At that time the cost would have been about $3,000 to $5,000 from each resident to repair and repave the road. Erwin Steward indicated that he feels that the road is a safety hazard. Attorney McSherry will determine what is legally feasible and will email Mr. Rosenbloom the proper wording for a Bethany Woods cost and maintenance equal share agreement on which he could obtain signatures.
APPROVAL OF MINUTES
Selectman Thornquist moved to accept the minutes of the meeting of July 19, 2011 with the following revisions.
First Selectwoman Gorski asked Public Works Director Al Green for his recommendation. Mr. Green recommended the John Deere based on operator evaluations and safety features, citing driver egress from both sides of the John Deere and the Caterpillar vs. only left side egress from the Case as one example. First Selectwoman Gorski asked the Selectmen for their comments regarding the awarding of the backhoe bid. Selectman Shea felt that for the use this backhoe would be getting there was no need to spend the extra money to purchase the John Deere with all the bells and whistles. Selectman Thornquist had spoken to another town about their equipment, that town has 20 employees who evaluated the same three machines using each machine for one week. They all preferred the John Deere; however, the Deere could not be delivered in time and so they purchased the Caterpillar. (No marked opinion on any machines was given). First Selectwoman Gorski indicated that “the way we use a machine and drive it to each job, some of which can be 10 miles from the town garage, rather than to trailer it, make her feel that ride control is an important feature for us, both the Caterpillar and the John Deere have ride control, the Case does no. She felt that it was important to consider the employee evaluations which had rated the John Deere the highest. Of a possible 192 points, the average for the John Deere was 172, the Caterpillar was 162 and the Case was 148. On a scale of 1-6 with 1 and 2 being poor design, only the Case received that rating, and it was rated either a 1 or a 2 by all 5 operators for the same feature-“easy operation of the boom lock”. That is the same technology as the 17 year-old Case we have now and sometimes, the boom goes into the lock position causing material in the bucket to be deposited into the operator compartment and onto the operator. The John Deere also has 3 modes of operation, so that the operator can slow down the machine when working with a man guiding a 4,000 lb. sump into place. Both the Caterpillar and the John Deere have a banana boom allowing the operator to work more precisely in tight spaces, the Case has a straight boom. She also favored the John Deere, because employee safety around the John Deere with features the other machines did not have would be better, especially the fact that the controls are in the armrest, allowing the operator to always be facing the work, a feature unique to the John Deere . Selectman Thornquist then moved a motion to purchase the John Deere backhoe. Selectman Shea seconded the motion. Further discussion followed. The motion was called. First Selectwoman Gorski and Selectman Thornquist voted to accept the bid of John Deere for $138,550 including auger based on the recommendation of DPW Director Green; the operator evaluations and precision and safety features. Selectman Shea voted no as he felt that paying $22,750 more for a machine that would do basically the same work was a lot of dollars to spend extra in this economy.
Selectman Shea seconded the motion. The vote taken was unanimous to accept as amended.
Selectman Shea moved to accept the minutes of the meeting of July 25, 2011. The motion was seconded by Selectman Thornquist. The vote taken was unanimous to accept without change.
WAIVE RENTAL FEE FOR VETERANS MEMORIAL PARK PAVILION
Christ Episcopal Church has requested waiving of the fee to use the Pavilion at Veterans Memorial Park on September 11, 2011 for a service. Following a brief discussion Selectman Shea moved a motion to waive the fee for use of the Pavilion by Christ Episcopal Church. Selectman Thornquist seconded the motion. The vote taken was unanimous.
CHARGE AND APPOINTMENTS TO THE LONG TERM FINANCIAL COMMITTEE
Selectman Thornquist moved the following charge for the Long Term Financial Committee:
The Long Term Financial Planning Committee (the “LTFPC or the “Committee”) of the Town of Bethany shall be charged with the responsibility of developing a 5 year financial plan for the Town. The LTFPC will address the strategic investments that may be necessary for the Town of Bethany. The development of the Long term Financial Plan will also incorporate the impact of demographic changes,
Economic trends, state funding projections, financing requirements, revenue trends, town educational and recreational needs as well as any other pertinent factors deemed significant.
The LTPFC is a five-member committee appointed for a one-year term (renewable) appointed by the Board of Selectmen. The LTFPC is comprised on two members of the Finance Committee and three members at-large. The First Selectman or designee serves as an ex-officio member.
The LTPFC’s charge of duties is as follows: The LTFPC shall define and study factors impacting future revenue, expenditure and capital needs. The LTFPC shall consider the relative needs, impact, timing, cost and funding impacts and use them to develop a proposed 5 year plan (or plans if multiple scenarios are deemed necessary) in the form of a projection for each of the next 5 years for general fund revenue, expenditures, debt and fund balance and capital projects/spending. The LTFPC shall include in their report their assumptions and data sources as well as any recommendations and action items for the next five fiscal years, and present the report to the Selectmen and Finance Committee for their consideration and at a Town Meeting for its approval.
Selectman Thornquist seconded the motion. The vote taken was unanimous.
APPOINTMENT TO LONG TERM FINANCIAL COMMITTEE
Selectman Thornquist moved to appoint Stephen Squinto to a term on the Long Term Financial Committee. Selectman Shea seconded the motion. The vote taken was unanimous.
EAGLE SCOUT PROJECT
The Eagle Scout Project as listed on the agenda was tabled because the his presentation was incomplete.
APPOINTMENTS TO INLAND WETLANDS COMMISSION
Selectman Shea moved to appoint Lisa Gaw as a full member of the Inland Wetlands Commission. Selectman Thornquist seconded the motion. The vote taken was unanimous.
Selectman Thornquist moved to appoint Roger Hathaway as a full member of the Inland Wetlands Commission. Selectman Shea seconded the motion. The vote taken was unanimous.
Selectman Thornquist moved to remove John Kane as a member of the Inland Wetlands Commission as he has been unable to attend a meeting for the last year. Selectman Shea seconded the motion. The vote taken was unanimous.
The motion was made by Selectman Thornquist and seconded by Selectman Shea to move Brian Smith from an alternate to a full member of the Inland Wetlands Commission.
BOARD OF ASSESSMENT APPEALS
A motion was moved by Selectman Shea and seconded by Selectman Thornquist to appoint John Ford IV as a member of the Board of Assessment Appeals. Selectman Thornquist seconded the motion. The vote taken was unanimous.
CORRESPONDENCE
Correspondence was received from the Regional Water Authority indicating that the past two years have been the wettest on record.
ADJOURNMENT
Adjournment was called at 8:25 p.m. after a motion was moved by Selectman Thornquist and seconded by Selectman Shea.
Respectfully submitted,
Minutes transcribed by June G. Riley
Secretary, Board of Selectman
Minutes taken by Attorney Kevin McSherry
Town Counsel
MONDAY, AUGUST 8, 2011
Page 1 of 4
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Ben Rosenbloom, Erwin Steward, Kathleen Schurman
First Selectwoman Derrylyn Gorski called the meeting of the Board of Selectmen to order at 7:32 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was signing of the accounts payable checks. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.
ADDITION TO AGENDA
Selectman Shea moved to add Woods Road to the agenda of this meeting. Selectman Thornquist seconded the motion. The vote taken was unanimous.
WOODS ROAD
Erwin Steward and Ben Rosenbloom were present to discuss with the Selectmen the condition of Woods Road. Woods is a private road off of route 69. According to maps on file, this sub-division was created in 1936. There are eighteen homes on Woods Road. The road is presently in a state of disrepair. Mr. Steward and Mr. Rosenbloom were making inquiries whether the Town could do the repair and then place an assessment on each homeowner to recoup the money. The Rosenbloom’s, who have lived on Woods Road for ten years, indicated they had gotten an estimate a few years ago to do repair work. At that time the cost would have been about $3,000 to $5,000 from each resident to repair and repave the road. Erwin Steward indicated that he feels that the road is a safety hazard. Attorney McSherry will determine what is legally feasible and will email Mr. Rosenbloom the proper wording for a Bethany Woods cost and maintenance equal share agreement on which he could obtain signatures.
APPROVAL OF MINUTES
Selectman Thornquist moved to accept the minutes of the meeting of July 19, 2011 with the following revisions.
First Selectwoman Gorski asked Public Works Director Al Green for his recommendation. Mr. Green recommended the John Deere based on operator evaluations and safety features, citing driver egress from both sides of the John Deere and the Caterpillar vs. only left side egress from the Case as one example. First Selectwoman Gorski asked the Selectmen for their comments regarding the awarding of the backhoe bid. Selectman Shea felt that for the use this backhoe would be getting there was no need to spend the extra money to purchase the John Deere with all the bells and whistles. Selectman Thornquist had spoken to another town about their equipment, that town has 20 employees who evaluated the same three machines using each machine for one week. They all preferred the John Deere; however, the Deere could not be delivered in time and so they purchased the Caterpillar. (No marked opinion on any machines was given). First Selectwoman Gorski indicated that “the way we use a machine and drive it to each job, some of which can be 10 miles from the town garage, rather than to trailer it, make her feel that ride control is an important feature for us, both the Caterpillar and the John Deere have ride control, the Case does no. She felt that it was important to consider the employee evaluations which had rated the John Deere the highest. Of a possible 192 points, the average for the John Deere was 172, the Caterpillar was 162 and the Case was 148. On a scale of 1-6 with 1 and 2 being poor design, only the Case received that rating, and it was rated either a 1 or a 2 by all 5 operators for the same feature-“easy operation of the boom lock”. That is the same technology as the 17 year-old Case we have now and sometimes, the boom goes into the lock position causing material in the bucket to be deposited into the operator compartment and onto the operator. The John Deere also has 3 modes of operation, so that the operator can slow down the machine when working with a man guiding a 4,000 lb. sump into place. Both the Caterpillar and the John Deere have a banana boom allowing the operator to work more precisely in tight spaces, the Case has a straight boom. She also favored the John Deere, because employee safety around the John Deere with features the other machines did not have would be better, especially the fact that the controls are in the armrest, allowing the operator to always be facing the work, a feature unique to the John Deere . Selectman Thornquist then moved a motion to purchase the John Deere backhoe. Selectman Shea seconded the motion. Further discussion followed. The motion was called. First Selectwoman Gorski and Selectman Thornquist voted to accept the bid of John Deere for $138,550 including auger based on the recommendation of DPW Director Green; the operator evaluations and precision and safety features. Selectman Shea voted no as he felt that paying $22,750 more for a machine that would do basically the same work was a lot of dollars to spend extra in this economy.
Selectman Shea seconded the motion. The vote taken was unanimous to accept as amended.
Selectman Shea moved to accept the minutes of the meeting of July 25, 2011. The motion was seconded by Selectman Thornquist. The vote taken was unanimous to accept without change.
WAIVE RENTAL FEE FOR VETERANS MEMORIAL PARK PAVILION
Christ Episcopal Church has requested waiving of the fee to use the Pavilion at Veterans Memorial Park on September 11, 2011 for a service. Following a brief discussion Selectman Shea moved a motion to waive the fee for use of the Pavilion by Christ Episcopal Church. Selectman Thornquist seconded the motion. The vote taken was unanimous.
CHARGE AND APPOINTMENTS TO THE LONG TERM FINANCIAL COMMITTEE
Selectman Thornquist moved the following charge for the Long Term Financial Committee:
The Long Term Financial Planning Committee (the “LTFPC or the “Committee”) of the Town of Bethany shall be charged with the responsibility of developing a 5 year financial plan for the Town. The LTFPC will address the strategic investments that may be necessary for the Town of Bethany. The development of the Long term Financial Plan will also incorporate the impact of demographic changes,
Economic trends, state funding projections, financing requirements, revenue trends, town educational and recreational needs as well as any other pertinent factors deemed significant.
The LTPFC is a five-member committee appointed for a one-year term (renewable) appointed by the Board of Selectmen. The LTFPC is comprised on two members of the Finance Committee and three members at-large. The First Selectman or designee serves as an ex-officio member.
The LTPFC’s charge of duties is as follows: The LTFPC shall define and study factors impacting future revenue, expenditure and capital needs. The LTFPC shall consider the relative needs, impact, timing, cost and funding impacts and use them to develop a proposed 5 year plan (or plans if multiple scenarios are deemed necessary) in the form of a projection for each of the next 5 years for general fund revenue, expenditures, debt and fund balance and capital projects/spending. The LTFPC shall include in their report their assumptions and data sources as well as any recommendations and action items for the next five fiscal years, and present the report to the Selectmen and Finance Committee for their consideration and at a Town Meeting for its approval.
Selectman Thornquist seconded the motion. The vote taken was unanimous.
APPOINTMENT TO LONG TERM FINANCIAL COMMITTEE
Selectman Thornquist moved to appoint Stephen Squinto to a term on the Long Term Financial Committee. Selectman Shea seconded the motion. The vote taken was unanimous.
EAGLE SCOUT PROJECT
The Eagle Scout Project as listed on the agenda was tabled because the his presentation was incomplete.
APPOINTMENTS TO INLAND WETLANDS COMMISSION
Selectman Shea moved to appoint Lisa Gaw as a full member of the Inland Wetlands Commission. Selectman Thornquist seconded the motion. The vote taken was unanimous.
Selectman Thornquist moved to appoint Roger Hathaway as a full member of the Inland Wetlands Commission. Selectman Shea seconded the motion. The vote taken was unanimous.
Selectman Thornquist moved to remove John Kane as a member of the Inland Wetlands Commission as he has been unable to attend a meeting for the last year. Selectman Shea seconded the motion. The vote taken was unanimous.
The motion was made by Selectman Thornquist and seconded by Selectman Shea to move Brian Smith from an alternate to a full member of the Inland Wetlands Commission.
BOARD OF ASSESSMENT APPEALS
A motion was moved by Selectman Shea and seconded by Selectman Thornquist to appoint John Ford IV as a member of the Board of Assessment Appeals. Selectman Thornquist seconded the motion. The vote taken was unanimous.
CORRESPONDENCE
Correspondence was received from the Regional Water Authority indicating that the past two years have been the wettest on record.
ADJOURNMENT
Adjournment was called at 8:25 p.m. after a motion was moved by Selectman Thornquist and seconded by Selectman Shea.
Respectfully submitted,
Minutes transcribed by June G. Riley
Secretary, Board of Selectman
Minutes taken by Attorney Kevin McSherry
Town Counsel
Tuesday, August 9, 2011
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, AUGUST 3, 2011 Page 1 of 6
The regular meeting of the Planning and Zoning Commission was called to order at 7:03 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, Chair
Mary Shurtleff, Vice-Chair
Patricia Winer, Member
Kimberly McClure Brinton, Member
Marc Adelberg, Alternate Member
Nellie Rabinowitz, Alternate Member
Donna Shea, Alternate Member, seated as a voting member
The following Commission member was absent or excused:
Michael Calhoun, Member
Also present were:
Hiram Peck, Planning Consultant
Karen Hubbell, Assistant Zoning Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Winer and seconded by Spear to approve, as submitted, the minutes of the June 29, 2011, Special Meeting.
Voting for: Spear, Winer, Rabinowitz.
Unanimous approval.
2. It was moved by Winer and seconded by Brinton to approve, as submitted, the minutes of the July 6 2011, Regular Meeting.
Voting for: Spear, Winer, Brinton, Rabinowitz, Shea.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Rod White, Fire Marshal, dated July 6, 2011, Re: Clarification as to the waiver request for a water source at 100 Miller Road, two-lot resubdivision.
2. Letter from Attorney Michael Alexander (representing Chris Stoyer), dated July 11, 2011, Re: Requesting an extension of time to the August Planning and Zoning Commission Meeting to respond to the conditions of the 100 Miller Road Resubdivision Approval on June 29, 2011.
3. Letter from Bruce Loomis, Chairman of the Conservation Commission, dated July 25, 2011, Re: 100 Miller Road, clarification of the Open Space portion of the recent approval of the resubdivision.
Chair Spear directed the Clerk to invite Mr. Loomis to the next regular meeting on September 7, 2011, to discuss the Open Space. Karen Hubbell, Assistant Zoning Enforcement Officer, stated she would communicate to Mr. Loomis.
4. Letter from Attorney Michael Alexander (representing Chris Stoyer), dated August 1, 2011, Re: Requesting change of appearance before the Commission to September 7, 2011, regarding zero-run off conditions in the approval, 100 Miller Road.
5. Memo from Hiram Peck, Planning Consultant, dated July 12, 2011, Re: Amendment to the Zoning Regulations, Section 6 – Prohibited Uses, Signs with internal lighting or illumination.
6. Letter from Quinnipiack Valley Health District, dated August 3, 2011, Re: Review comments on 60 Mesa Drive, Application #2011-021, recording studio.
7. Letter from Isabel Kearns, ZEO, to Frederick Nuzzo dated July 7, 2011, Re: Application #2011-018, Sign Permits – Grand Apizza of Bethany, 119 Amity Road.
8. Email from Eugene Livshits of the South Central Regional Council of Governments, dated July 29, 2011, Re: Town of Woodbridge referral regarding proposed Zoning Regulation Amendments to golf courses within a Residence A District.
BILLS
1) It was moved by Winer and seconded by Brinton to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for July 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Winer, Brinton, Shea.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
No report.
NEW BUSINESS
1) 135 Pole Hill Road, Application #2011-019 submitted by Joanna Baum for a Home Occupation Permit to operate a home office for a design business –
The Commission formally received the application. No one present to speak on behalf of this application.
Isabel Kearns, ZEO, who was not present, prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2011-019:
Whereas, Joanna Baum applied to the Planning and Zoning Commission for a home occupation permit to operate a home office for a design business on August 3, 2011;
Whereas, the Commission at its regular meeting of August 3, 2011, considered the statement of use, narrative, testimony and other pertinent application information relating to this home occupation application;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on July 18, 2011, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on July 15, 2011, indicating his approval.
Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves the application of Joanna Baum to operate an office for a design business located at 135 Pole Hill Road, as outlined in the Statement of Use dated July 8, 2011, and with the following condition:
1) There shall be no clients visiting site.
2) No signage unless a sign permit is granted.
Voting for: Spear, Shurtleff, Winer, Brinton, Shea.
Vote 5 to 0.
Unanimous approval.
2) Discussion with Christopher Stoyer regarding response to conditions of the 100 Miller Road Resubdivision Approval dated June 29, 2011 –
The Commission received a letter from Attorney Michael Alexander (representing Chris Stoyer), dated August 1, 2011, Re: Requesting change of appearance before the Commission to September 7, 2011, regarding zero-run off conditions in the approval, 100 Miller Road. Tabled.
3) Discussion with Stuart Cuthbert of 403 Fairwood Road regarding 415 Fairwood Road – operation of fencing business –
Present for this discussion was Stuart Cuthbert of 403 Fairwood Road. Mr. Cuthbert explained to the Commission that his neighbor at 415 Fairwood Road is operating a fencing business without permits at his property and has located a large dumpster on the property line. Mr. Cuthbert stated that there is a lot of debris on the lawn. Also, Mr. Cuthbert believes the owner of record is renting out the basement.
Karen Hubbell, Assistant Zoning Enforcement Officer, stated a Cease and Desist was issued on May 5, 2011.
Hiram Peck, Planning Consultant, recommended that the Zoning Enforcement Officer and the Building Official schedule a joint inspection of the property. Mr. Peck stated that if the owner refuses the Building Official entrance to the home, a different process should be taken.
Chair Spear stated that the Zoning Enforcement Officer should proceed with the violation process, the Zoning Enforcement Officer and Building Official visit the site together and the Fire Marshal should also be informed of the possible apartment in basement for safety issues.
4) Discussion with Hiram Peck, Town Planner, amendment to Zoning Regulations regarding Signs –
Hiram Peck, Planning Consultant, submitted a proposed amendment to the Zoning Regulations regarding prohibiting the use of Signs with any type of internal lighting or internal illumination.
The Commission also discussed clarifying the definitions for an indoor riding arena, barn and common driveway.
This item was deferred to the next regular meeting, September 7, 2011. Tabled.
5) 655 Litchfield Turnpike, Application #2011-020 submitted by Johanne Rousseau-Holt for a Home Occupation Permit to operate a therapeutic massage business –
The Commission formally received the application. Present to speak on behalf of this application was Johanne Rousseau-Holt, applicant and owner of record.
Mrs. Rousseau-Holt reviewed with the Commission the proposed therapeutic massage business.
Karen Hubbell, Assistant Zoning Enforcement Officer, informed the Commission that the Quinnipiack Valley Health District and the South Central Connecticut Regional Water Authority have not commented to date.
Chair Spear stated the Commission cannot act without these comments.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, September 7, 2011. Tabled.
6) 60 Mesa Drive, Application #2011-021 submitted by Shimei Fan and Richard Korb for a Home Occupation Permit to operate a sound Recording Facility -
The Commission formally received the application. Present to speak on behalf of this application was Daniel and Sophia of Global Art Entertainment, applicants.
Mr. Daniel explained to the Commission that the basement has been finished with sound proofing.
Chair Spear read letter from Sifei Wen, dated July 28, 2011, explaining the business and manner of operation.
Karen Hubbell, Assistant Zoning Enforcement Officer, stated Quinnipiack Valley Health District submitted a letter dated August 3, 2011, requesting information on a location to replace the existing subsurface sewage disposal system if needed. Mr. Daniel will meet with Ms. Hubbell to comply with the requirements of the Quinnipiack Valley Health District.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, September 7, 2011. Tabled.
OLD BUSINESS
1) 58 Miller Road, Application #2011-017 submitted by Sandra Barrett for a Home Occupation Permit to operate a cupcake and baking company –
No one was present to speak on behalf of this application.
Isabel Kearns, ZEO, who was not present, prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Winer and seconded by Brinton to approve the following resolution for Application #2011-017:
Whereas, the Planning and Zoning Commission received correspondence dated June 27, 2011, from Sandra Barrett, owner of 58 Miller Road, in which she authorizes Catherine O’Shea-Barkley to apply for a Home Occupation Permit to operate an office for a cupcake business (Pretty Much Cupcakes);
Whereas, Catherine O’Shea-Barkley applied to the Planning and Zoning Commission for a Home Occupation Permit to operate a home office for a cupcake business on July 6, 2011;
Whereas, the Commission at its regular meeting of August 3, 2011, 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:
Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on August 1, 2011, indicating her approval.
Rod White, Fire Marshal, signed off on the back of the application form on July 15, 2011 indicating his approval.
Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves the application of Catherine O’Shea-Barkley to operate an office for a cupcake business (Pretty Much Cupcakes) at 58 Miller Road, as outlined in the Statement of Use dated June 27, 2011, and with the following conditions:
1) No baking shall occur at 58 Miller Road. All baking shall be done in a certified commercial kitchen.
2) There shall be no business clients on site.
3) No sign permitted unless a sign permit is granted.
4) Applicant will notify Quinnipiack Valley Health District when a commercial kitchen is found.
Voting for: Spear, Shurtleff, Winer, Brinton, Shea.
Vote 5 to 0.
Unanimous approval.
2) Discuss increasing application fees – Tabled.
It was moved by Shurtleff and seconded by Winer to adjourn the regular meeting at 8:20 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
The regular meeting of the Planning and Zoning Commission was called to order at 7:03 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, Chair
Mary Shurtleff, Vice-Chair
Patricia Winer, Member
Kimberly McClure Brinton, Member
Marc Adelberg, Alternate Member
Nellie Rabinowitz, Alternate Member
Donna Shea, Alternate Member, seated as a voting member
The following Commission member was absent or excused:
Michael Calhoun, Member
Also present were:
Hiram Peck, Planning Consultant
Karen Hubbell, Assistant Zoning Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Winer and seconded by Spear to approve, as submitted, the minutes of the June 29, 2011, Special Meeting.
Voting for: Spear, Winer, Rabinowitz.
Unanimous approval.
2. It was moved by Winer and seconded by Brinton to approve, as submitted, the minutes of the July 6 2011, Regular Meeting.
Voting for: Spear, Winer, Brinton, Rabinowitz, Shea.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Rod White, Fire Marshal, dated July 6, 2011, Re: Clarification as to the waiver request for a water source at 100 Miller Road, two-lot resubdivision.
2. Letter from Attorney Michael Alexander (representing Chris Stoyer), dated July 11, 2011, Re: Requesting an extension of time to the August Planning and Zoning Commission Meeting to respond to the conditions of the 100 Miller Road Resubdivision Approval on June 29, 2011.
3. Letter from Bruce Loomis, Chairman of the Conservation Commission, dated July 25, 2011, Re: 100 Miller Road, clarification of the Open Space portion of the recent approval of the resubdivision.
Chair Spear directed the Clerk to invite Mr. Loomis to the next regular meeting on September 7, 2011, to discuss the Open Space. Karen Hubbell, Assistant Zoning Enforcement Officer, stated she would communicate to Mr. Loomis.
4. Letter from Attorney Michael Alexander (representing Chris Stoyer), dated August 1, 2011, Re: Requesting change of appearance before the Commission to September 7, 2011, regarding zero-run off conditions in the approval, 100 Miller Road.
5. Memo from Hiram Peck, Planning Consultant, dated July 12, 2011, Re: Amendment to the Zoning Regulations, Section 6 – Prohibited Uses, Signs with internal lighting or illumination.
6. Letter from Quinnipiack Valley Health District, dated August 3, 2011, Re: Review comments on 60 Mesa Drive, Application #2011-021, recording studio.
7. Letter from Isabel Kearns, ZEO, to Frederick Nuzzo dated July 7, 2011, Re: Application #2011-018, Sign Permits – Grand Apizza of Bethany, 119 Amity Road.
8. Email from Eugene Livshits of the South Central Regional Council of Governments, dated July 29, 2011, Re: Town of Woodbridge referral regarding proposed Zoning Regulation Amendments to golf courses within a Residence A District.
BILLS
1) It was moved by Winer and seconded by Brinton to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for July 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Winer, Brinton, Shea.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
No report.
NEW BUSINESS
1) 135 Pole Hill Road, Application #2011-019 submitted by Joanna Baum for a Home Occupation Permit to operate a home office for a design business –
The Commission formally received the application. No one present to speak on behalf of this application.
Isabel Kearns, ZEO, who was not present, prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Winer and seconded by Shurtleff to approve the following resolution for Application #2011-019:
Whereas, Joanna Baum applied to the Planning and Zoning Commission for a home occupation permit to operate a home office for a design business on August 3, 2011;
Whereas, the Commission at its regular meeting of August 3, 2011, considered the statement of use, narrative, testimony and other pertinent application information relating to this home occupation application;
Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on July 18, 2011, indicating her approval.
2) Rod White, Fire Marshal, signed off on the back of the application form on July 15, 2011, indicating his approval.
Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves the application of Joanna Baum to operate an office for a design business located at 135 Pole Hill Road, as outlined in the Statement of Use dated July 8, 2011, and with the following condition:
1) There shall be no clients visiting site.
2) No signage unless a sign permit is granted.
Voting for: Spear, Shurtleff, Winer, Brinton, Shea.
Vote 5 to 0.
Unanimous approval.
2) Discussion with Christopher Stoyer regarding response to conditions of the 100 Miller Road Resubdivision Approval dated June 29, 2011 –
The Commission received a letter from Attorney Michael Alexander (representing Chris Stoyer), dated August 1, 2011, Re: Requesting change of appearance before the Commission to September 7, 2011, regarding zero-run off conditions in the approval, 100 Miller Road. Tabled.
3) Discussion with Stuart Cuthbert of 403 Fairwood Road regarding 415 Fairwood Road – operation of fencing business –
Present for this discussion was Stuart Cuthbert of 403 Fairwood Road. Mr. Cuthbert explained to the Commission that his neighbor at 415 Fairwood Road is operating a fencing business without permits at his property and has located a large dumpster on the property line. Mr. Cuthbert stated that there is a lot of debris on the lawn. Also, Mr. Cuthbert believes the owner of record is renting out the basement.
Karen Hubbell, Assistant Zoning Enforcement Officer, stated a Cease and Desist was issued on May 5, 2011.
Hiram Peck, Planning Consultant, recommended that the Zoning Enforcement Officer and the Building Official schedule a joint inspection of the property. Mr. Peck stated that if the owner refuses the Building Official entrance to the home, a different process should be taken.
Chair Spear stated that the Zoning Enforcement Officer should proceed with the violation process, the Zoning Enforcement Officer and Building Official visit the site together and the Fire Marshal should also be informed of the possible apartment in basement for safety issues.
4) Discussion with Hiram Peck, Town Planner, amendment to Zoning Regulations regarding Signs –
Hiram Peck, Planning Consultant, submitted a proposed amendment to the Zoning Regulations regarding prohibiting the use of Signs with any type of internal lighting or internal illumination.
The Commission also discussed clarifying the definitions for an indoor riding arena, barn and common driveway.
This item was deferred to the next regular meeting, September 7, 2011. Tabled.
5) 655 Litchfield Turnpike, Application #2011-020 submitted by Johanne Rousseau-Holt for a Home Occupation Permit to operate a therapeutic massage business –
The Commission formally received the application. Present to speak on behalf of this application was Johanne Rousseau-Holt, applicant and owner of record.
Mrs. Rousseau-Holt reviewed with the Commission the proposed therapeutic massage business.
Karen Hubbell, Assistant Zoning Enforcement Officer, informed the Commission that the Quinnipiack Valley Health District and the South Central Connecticut Regional Water Authority have not commented to date.
Chair Spear stated the Commission cannot act without these comments.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, September 7, 2011. Tabled.
6) 60 Mesa Drive, Application #2011-021 submitted by Shimei Fan and Richard Korb for a Home Occupation Permit to operate a sound Recording Facility -
The Commission formally received the application. Present to speak on behalf of this application was Daniel and Sophia of Global Art Entertainment, applicants.
Mr. Daniel explained to the Commission that the basement has been finished with sound proofing.
Chair Spear read letter from Sifei Wen, dated July 28, 2011, explaining the business and manner of operation.
Karen Hubbell, Assistant Zoning Enforcement Officer, stated Quinnipiack Valley Health District submitted a letter dated August 3, 2011, requesting information on a location to replace the existing subsurface sewage disposal system if needed. Mr. Daniel will meet with Ms. Hubbell to comply with the requirements of the Quinnipiack Valley Health District.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, September 7, 2011. Tabled.
OLD BUSINESS
1) 58 Miller Road, Application #2011-017 submitted by Sandra Barrett for a Home Occupation Permit to operate a cupcake and baking company –
No one was present to speak on behalf of this application.
Isabel Kearns, ZEO, who was not present, prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Winer and seconded by Brinton to approve the following resolution for Application #2011-017:
Whereas, the Planning and Zoning Commission received correspondence dated June 27, 2011, from Sandra Barrett, owner of 58 Miller Road, in which she authorizes Catherine O’Shea-Barkley to apply for a Home Occupation Permit to operate an office for a cupcake business (Pretty Much Cupcakes);
Whereas, Catherine O’Shea-Barkley applied to the Planning and Zoning Commission for a Home Occupation Permit to operate a home office for a cupcake business on July 6, 2011;
Whereas, the Commission at its regular meeting of August 3, 2011, 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:
Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on August 1, 2011, indicating her approval.
Rod White, Fire Marshal, signed off on the back of the application form on July 15, 2011 indicating his approval.
Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, amended to April 6, 2011, the Bethany Planning and Zoning Commission approves the application of Catherine O’Shea-Barkley to operate an office for a cupcake business (Pretty Much Cupcakes) at 58 Miller Road, as outlined in the Statement of Use dated June 27, 2011, and with the following conditions:
1) No baking shall occur at 58 Miller Road. All baking shall be done in a certified commercial kitchen.
2) There shall be no business clients on site.
3) No sign permitted unless a sign permit is granted.
4) Applicant will notify Quinnipiack Valley Health District when a commercial kitchen is found.
Voting for: Spear, Shurtleff, Winer, Brinton, Shea.
Vote 5 to 0.
Unanimous approval.
2) Discuss increasing application fees – Tabled.
It was moved by Shurtleff and seconded by Winer to adjourn the regular meeting at 8:20 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
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