BOARD OF SELECTMEN
FEBRUARY 13, 2012
Page 1 of 1Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Kathleen Schurman
First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:45 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. Accounts Payable and payroll checks were signed as the first order of business. All present stood for the Pledge of Allegiance.
APPROVAL OF MINUTES
Selectman Shea moved to approve the minutes of the meeting of January23, 2012. First Selectwoman Gorski seconded the motion. The vote was called. The vote taken was unanimous.
TAX REFUNDS
First Selectwoman Gorski moved to refund to Adam Bakhtiar the sum of $198.36, to Corelogic the sum of $2,943.08, to Corelogic the sum of $5,981.55, to John and Patricia Ryan the sum of $11.00, to Norma Kriz the sum of $3.96, to Richard or Nancy Connitto the sum of $1,000, to Susan Vanarsdale the sum of $127.11, to John and Sylvia Kolb the sum of
$100.00 and to Timothy Haag the sum of $3.00 all for overpayment of taxes. Selectman Shea seconded the motion. The vote taken was unanimous.
APPOINTMENT TO CONSERVATION COMMISSION
Selectman Shea moved the appointment of Ronald Doba as a member of the Conservation Commission. Selectman Thornquist seconded the motion. The vote taken was unanimous.
ANIMAL WASTE BAGS
Best Friends Kennel has offered to supply to Veterans Memorial Park and to the Dog Park animal waste bags that would have their name imprinted on them for free. After a brief discussion Selectman Shea moved the motion to allow Best Friends Kennel to supply Veterans Memorial Park and the Dog Park with animal waste bags. First Selectwoman Gorski seconded the motion. The vote taken was unanimous.
WAIVE BIDDING PROCESS FOR ACCOUNTING SERVICES
The Board of Finance is recommending that the Board of Selectmen waive the bidding process and hire O’Neil Associates and Consulting LLC to modify account numbers and set up a complete set of books for the accounting system. Following discussion Selectman Thornquist moved to waive the bidding process for the hiring of an accounting firm and accept the quote of O’Neil Associates LLC. Selectman Shea seconded the motion. The vote taken was unanimous.
ADJOURNMENT
Adjournment was called at 8:05 p.m. after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
Thursday, February 9, 2012
BOARD OF SELECTMEN
JANUARY 23, 2012
Page 1 of 3
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Andy Scott, Mark Scott, William Brinton, Attorney Kevin McSherry, Kathleen Schurman
First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:37 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. Accounts Payable checks were signed as the first order of business. Andy Scott led all present in the reciting of the Pledge of Allegiance.
APPROVAL OF MINUTES
Selectman Shea moved to approve the minutes of the meeting of January 9, 2012. First Selectwoman Gorski seconded the motion. The vote was called. The vote taken was unanimous.
ADDITION TO AGENDA
Selectman Shea moved to add Eagle Scout Project to the agenda. The motion was seconded by First Selectwoman Gorski. Te vote was called. The vote taken was unanimous.
EAGLE SCOUT PROJECT
Andy Scott presented to the Board of Selectmen his plans for an Eagle Scout Project he is proposing to do for the Town of Bethany. Andy would like to build three picnic tables for Veterans Memorial Park. Andy is planning on asking local businesses for donations to buy the materials needed to do this project. Following discussion Selectman Shea moved to accept the Eagle Scout project of Andy Scott. First Selectwoman Gorski seconded the motion. The vote taken was unanimous.
TAX REFUNDS
Selectman Shea moved to refund to Ruth and Thomas Sansone the sum of $15.94 and to James and Miriam Niederman the sum of $36.00 for a total of $51.94. First Selectwoman Gorski seconded the motion. The vote taken was unanimous.
WAIVE RENTAL FEE LAKEVIEW LODGE
Christ Episcopal Church has requested a waiving of the rental fee for January 29, 2012, for use of the Lakeview Lodge from 9:00 a.m. to 5:00 p.m,, to be used for a church service and luncheon. The motion to waive the fee was moved by Selectman Shea and seconded by First Selectwoman Gorski. The vote taken was unanimous.
AIRPORT HANGAR COMMITTEE
After a period of inactivity the Airport Hangar Committee is again holding regular meetings. Under the previous administration of former Governor Jodi Rehl, Bethany had been approved for a $200,000 grant from the State of Connecticut toward restoration of the Airport Hangar. This grant is still available, however certain requirements need to be met. Governor Malloy wants to see projects completed before the grant can be received. The Committee will concentrate on other funding available for restoration of the Hangar.
SOUTH CENTRAL REGIONAL COUNCIL OF GOVERNMENTS PERFORMANCE INCENTIVE GRANT SHARED SERVICES STUDIES
Selectman Shea moved the following Resolution of Endorsement as moved by the South Central Regional Council of Governments on November 16, 2011 which is as follows: Selectman Thornquist seconded the motion.
WHEREAS: Pursuant to Section 4-124s of the Connecticut General Statutes, as amended by Public Act 11-61, the CT Legislature has re-instituted a Regional Performance Incentive Grant Program, to be administered by the CT Office of Policy and Management
WHEREAS: The South Central Regional council of Governments is in support of a grant to find the costs of producing a feasibility study identifying the best opportunities for the provision of inter-municipal Shared Services in the SCRCOG region.
NOW. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF GOVERNMENTS
The South Central Regional Council of Governments’ Executive Director is hereby authorized to apply to the Connecticut Office of Policy and Management for a Regional Performance Incentive Grant to fund the costs of producing a feasibility study identifying the best opportunities for the provision of Inter-municipal Shared Services in the SCRCOG region:
RESOLVED that the Town of Bethany, Board of Selectmen met on January 23, 2011 and adopted a Resolution by a vote of three (3) to zero (0) endorsing a proposal to be submitted by the South Central Regional Council of Governments (SCROCOG) for a Regional Performance Incentive grant pursuant to Section 5 of Public Act 11-66 (An Act Concerning Responsible Growth). The SCROCOG proposal is for an Inter-municipal Shared-Service Feasibility Study. Such proposal is attached to and made a part of this record.
SOUTH CENTRAL REGIONAL COUNCIL OF GOVERNMENTS REGIONAL PERFORMANCE INCENTIVE GRANT
Selectman Thornquist moved the following Resolution of Endorsement as moved by the South Central Regional Council of Governments on November 16, 2011 which is as follows: Selectman Shea seconded the motion.
WHEREAS: Pursuant to Section 4-124s of the Connecticut General Statutes, as amended by Public Act 11-61, the CT Legislature has re-instituted a Regional Performance Incentive Grant Program, to be administered by the CT Office of Policy and Management
WHEREAS: The South Central Regional Council of Governments is in support of a grant to fund the costs of implementing a web-based regional Geographic Information System (GIS) in the SCRCOG region.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF GOVERNMENTS
The South Central Regional Council of Governments’ Executive Director is hereby authorized to apply to the Connecticut Office of Policy and Management for a Regional Performance Incentive Grant to fund the costs of implementing a web-based regional Geographic Information System (GIS) in the SCRCOG region.
RESOLVED that the Town of Bethany, Board of Selectmen met on January 23, 2011 and adopted a Resolution by a vote of three (3) to zero (0) endorsing a proposal to be submitted by the South Central Regional Council of Governments (SCROCOG) for a Regional Performance Incentive grant pursuant to Section 5 of Public Act 11-66 (An Act Concerning Responsible Growth). The SCROCOG proposal is for a Regional Web-Based GIS Program. Such proposal is attached to and made a part of this record.
APPOINTMENTS TO CARRINGTON CEMETERY COMMITTEE
Selectman Thornquist moved to appoint Carol Goldberg and Donald Shea to the Carrington Cemetery Committee. First Selectman Gorski seconded the motion. The vote was called. The vote was two (2) yes and one (1) abstention that of Selectman Shea because of his appointment.
Selectman Shea moved to appoint Selectman Thornquist to the Carrington Cemetery Committee. First Selectwoman Gorski seconded the motion. The vote was called. The vote was two (2) yes and one (1) abstention that of Selectman Thornquist because of his appointment.
CARRINGTON CEMETERY UPDATE
Will Brinton referenced information from Town meetings of May 3, 1955 and May 7, 1957 regarding the Carrington Cemetery Fund. Attorney McSherry referenced State Statutes regarding handling of cemetery funds. More information will be gathered and if necessary approvals for the handling of this fund can be modified at a Town Meeting.
ADJOURNMENT
Adjournment was called at 8:25 p.m. after a motion of adjournment was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
JANUARY 23, 2012
Page 1 of 3
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Andy Scott, Mark Scott, William Brinton, Attorney Kevin McSherry, Kathleen Schurman
First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:37 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. Accounts Payable checks were signed as the first order of business. Andy Scott led all present in the reciting of the Pledge of Allegiance.
APPROVAL OF MINUTES
Selectman Shea moved to approve the minutes of the meeting of January 9, 2012. First Selectwoman Gorski seconded the motion. The vote was called. The vote taken was unanimous.
ADDITION TO AGENDA
Selectman Shea moved to add Eagle Scout Project to the agenda. The motion was seconded by First Selectwoman Gorski. Te vote was called. The vote taken was unanimous.
EAGLE SCOUT PROJECT
Andy Scott presented to the Board of Selectmen his plans for an Eagle Scout Project he is proposing to do for the Town of Bethany. Andy would like to build three picnic tables for Veterans Memorial Park. Andy is planning on asking local businesses for donations to buy the materials needed to do this project. Following discussion Selectman Shea moved to accept the Eagle Scout project of Andy Scott. First Selectwoman Gorski seconded the motion. The vote taken was unanimous.
TAX REFUNDS
Selectman Shea moved to refund to Ruth and Thomas Sansone the sum of $15.94 and to James and Miriam Niederman the sum of $36.00 for a total of $51.94. First Selectwoman Gorski seconded the motion. The vote taken was unanimous.
WAIVE RENTAL FEE LAKEVIEW LODGE
Christ Episcopal Church has requested a waiving of the rental fee for January 29, 2012, for use of the Lakeview Lodge from 9:00 a.m. to 5:00 p.m,, to be used for a church service and luncheon. The motion to waive the fee was moved by Selectman Shea and seconded by First Selectwoman Gorski. The vote taken was unanimous.
AIRPORT HANGAR COMMITTEE
After a period of inactivity the Airport Hangar Committee is again holding regular meetings. Under the previous administration of former Governor Jodi Rehl, Bethany had been approved for a $200,000 grant from the State of Connecticut toward restoration of the Airport Hangar. This grant is still available, however certain requirements need to be met. Governor Malloy wants to see projects completed before the grant can be received. The Committee will concentrate on other funding available for restoration of the Hangar.
SOUTH CENTRAL REGIONAL COUNCIL OF GOVERNMENTS PERFORMANCE INCENTIVE GRANT SHARED SERVICES STUDIES
Selectman Shea moved the following Resolution of Endorsement as moved by the South Central Regional Council of Governments on November 16, 2011 which is as follows: Selectman Thornquist seconded the motion.
WHEREAS: Pursuant to Section 4-124s of the Connecticut General Statutes, as amended by Public Act 11-61, the CT Legislature has re-instituted a Regional Performance Incentive Grant Program, to be administered by the CT Office of Policy and Management
WHEREAS: The South Central Regional council of Governments is in support of a grant to find the costs of producing a feasibility study identifying the best opportunities for the provision of inter-municipal Shared Services in the SCRCOG region.
NOW. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF GOVERNMENTS
The South Central Regional Council of Governments’ Executive Director is hereby authorized to apply to the Connecticut Office of Policy and Management for a Regional Performance Incentive Grant to fund the costs of producing a feasibility study identifying the best opportunities for the provision of Inter-municipal Shared Services in the SCRCOG region:
RESOLVED that the Town of Bethany, Board of Selectmen met on January 23, 2011 and adopted a Resolution by a vote of three (3) to zero (0) endorsing a proposal to be submitted by the South Central Regional Council of Governments (SCROCOG) for a Regional Performance Incentive grant pursuant to Section 5 of Public Act 11-66 (An Act Concerning Responsible Growth). The SCROCOG proposal is for an Inter-municipal Shared-Service Feasibility Study. Such proposal is attached to and made a part of this record.
SOUTH CENTRAL REGIONAL COUNCIL OF GOVERNMENTS REGIONAL PERFORMANCE INCENTIVE GRANT
Selectman Thornquist moved the following Resolution of Endorsement as moved by the South Central Regional Council of Governments on November 16, 2011 which is as follows: Selectman Shea seconded the motion.
WHEREAS: Pursuant to Section 4-124s of the Connecticut General Statutes, as amended by Public Act 11-61, the CT Legislature has re-instituted a Regional Performance Incentive Grant Program, to be administered by the CT Office of Policy and Management
WHEREAS: The South Central Regional Council of Governments is in support of a grant to fund the costs of implementing a web-based regional Geographic Information System (GIS) in the SCRCOG region.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF GOVERNMENTS
The South Central Regional Council of Governments’ Executive Director is hereby authorized to apply to the Connecticut Office of Policy and Management for a Regional Performance Incentive Grant to fund the costs of implementing a web-based regional Geographic Information System (GIS) in the SCRCOG region.
RESOLVED that the Town of Bethany, Board of Selectmen met on January 23, 2011 and adopted a Resolution by a vote of three (3) to zero (0) endorsing a proposal to be submitted by the South Central Regional Council of Governments (SCROCOG) for a Regional Performance Incentive grant pursuant to Section 5 of Public Act 11-66 (An Act Concerning Responsible Growth). The SCROCOG proposal is for a Regional Web-Based GIS Program. Such proposal is attached to and made a part of this record.
APPOINTMENTS TO CARRINGTON CEMETERY COMMITTEE
Selectman Thornquist moved to appoint Carol Goldberg and Donald Shea to the Carrington Cemetery Committee. First Selectman Gorski seconded the motion. The vote was called. The vote was two (2) yes and one (1) abstention that of Selectman Shea because of his appointment.
Selectman Shea moved to appoint Selectman Thornquist to the Carrington Cemetery Committee. First Selectwoman Gorski seconded the motion. The vote was called. The vote was two (2) yes and one (1) abstention that of Selectman Thornquist because of his appointment.
CARRINGTON CEMETERY UPDATE
Will Brinton referenced information from Town meetings of May 3, 1955 and May 7, 1957 regarding the Carrington Cemetery Fund. Attorney McSherry referenced State Statutes regarding handling of cemetery funds. More information will be gathered and if necessary approvals for the handling of this fund can be modified at a Town Meeting.
ADJOURNMENT
Adjournment was called at 8:25 p.m. after a motion of adjournment was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
Secretary, Board of Selectmen
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, FEBRUARY 1, 2012 Page 1 of 9
The regular meeting of the Planning and Zoning Commission was called to order at 7:00 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
Kimberly McClure Brinton, Member
Marc Adelberg, Alternate Member, arrived at 7:06 p.m.
Donna Shea, Alternate Member
Nellie Rabinowitz, Alternate Member
Also present were:
Hiram Peck, Planning Consultant
Isabel Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Brinton and seconded by Shurtleff to approve, as submitted, the minutes of the January 4, 2012, Regular Meeting.
Voting for: Spear, Shurtleff, Winer Calhoun, Brinton.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from KMPT, LLC, dated January 27, 2012, Re: 770 Amity Road, Change of Use, Outside Storage.
2. Letter from Attorney Richard Kascak, Jr., representing Samantha Lyon of 20 Tawney Drive, dated February 1, 2012, Re: Requesting an extension of five years for the Subdivision approval located at 20 Tawney Drive.
It was moved by Shurtleff and seconded by Winer to approve the five-year extension of the 3-Lot Resubdivision of 20 Tawney Drive, Samantha Lyon, owner of record.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Winter 2012.
BILLS
1) It was moved by Calhoun and seconded by Brinton to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for January 2012, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO, reported on the following:
Ms. Kearns stated she has not received any information back from the Town Attorney on the draft letter she forwarded to him for review pertaining to the Zoning Violation List.
NEW BUSINESS
1) 770 Amity Road, Application #2012-003 submitted by KMPT, LLC for a Business Change of Use – Wholesale/Retail Feed and Agriculture Supplies, Power Equipment, Animal Supplies and Equine Tack –
The Commission formally received the application. Present to speak on behalf of the application was Theron Simon, owner of record.
The Commission received a letter from KMPT, LLC, dated January 27, 2012, Re: 770 Amity Road, Change of Use, Outside Storage.
Isabel Kearns, ZEO, stated Theron Simon, owner of record, will be transferring the permits issued to the prior owner, Seymour Lumber, for outside storage and he is aware of the conditions.
Mr. Simon stated the signage will stay the same as previous owner. Also, Mr. Simon reviewed the proposed change of use and stated that the outside storage and buildings will stay the same.
Isabel Kearns prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Winer and seconded by Calhoun to approve the following resolution for Application #2012-003:
Whereas, KMPT, LLC (Theron Simons) applied on February 1, 2012, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate “The Hitching Post” (wholesale and retail sale feed and agricultural supplies, power equipment, animal supplies and equine tack) at 770 Amity Road;
Whereas, the Commission, at its regular meeting of February 1, 2012, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate “The Hitching Post” (wholesale and retail sale feed and agricultural supplies, power equipment, animal supplies and equine tack) at 770 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) John Laudano, Quinnipiack Valley Health District representative, signed off on the back of the application form on January 30, 2012, indicating his approval of this application.
2) Rod White, Fire Marshal, signed off on the back of the application form on January 30, 2012, indicating his approval of this application.
3) The Commission received an e-mail dated January 30, 2012, from Ronald Walters of the South Central Regional Water Authority in which he states that this property is not on a public water supply watershed area.
Now Therefore Be It Resolved that pursuant to Section 5.5.A. of the Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate “The Hitching Post” (wholesale and retail sale feed and agricultural supplies, power equipment, animal supplies and equine tack) located at 770 Amity Road (Application #2012-003), as presented in the application, statement of use and testimony and 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) Best practices will be followed when disposing of motor oil and petroleum products associated with power equipment.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
OLD BUSINESS
1. 6 Sargent Drive, Application #2011-026 submitted by Mukesh Patel for a Special Exception Permit – Construct 3600 SF Gas Filling Station/Convenience Store –
2. 6 Sargent Drive, Application #2011-027 submitted by Mukesh Patel for a Site Plan Approval - Construct 3600 SF Gas Filling Station/Convenience Store –
3. 6 Sargent Drive, Application #2011-028 submitted by Mukesh Patel for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit –
Hiram Peck, Planning Consultant, prepared a draft resolution. Commission members review and proceeded to deliberate.
It was moved by Calhoun and seconded by Brinton to approve the following resolutions for Applications #2011-026, 2011-027 and 2011-028:
Re: Application #2011-026 of Mukesh Patel for a Special Exception Permit to construct a 3,600 square foot building to be used for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive, Bethany, Connecticut.
The Planning and Zoning Commission in accordance with all applicable sections of the Bethany Zoning Regulations considered the above referenced application in accordance with Section 5.2.B. and Section 10 of the Bethany Zoning Regulations at a regular meeting held on February 1, 2012 and took the following action:
WHEREAS, the Commission held a public hearing on this Special Exception application on January 4, 2012, and took all testimony as required by law; and
WHEREAS, the Commission notes that the applicant has applied for a Special Exception Permit to construct a 3,600 square foot building to be used for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive; and
WHEREAS, the Commission also notes the applicant has received approvals from the Bethany Inland Wetlands Agency dated December 28, 2011, the Bethany Fire Marshal letter dated January 4, 2012, the Regional Water Authority letter dated November 2, 2011, the Quinnipiack Valley Health District letter dated January 3, 2012; and
WHEREAS, the Commissions finds that the applicant has supplied information to the Commission in sufficient detail and content to allow a determination that the requirements for the Special Exception, as outlined in Section 10 of the Bethany Zoning Regulations, have been met, and while the specifics of the site development plan will be addressed by the Commission’s findings and resolution regarding the site plan, sufficient detail has been provided to permit a resolution of the Special Exception Permit application.
THEREFORE BE IT RESOLVED, that Application #2011-026 of Mukesh Patel for a Special Exception Permit to construct a 3,600 square foot building to be used for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive, Bethany, Connecticut is hereby approved with modifications as permitted by the requirements of Section 10 of the Bethany Zoning Regulations and as stated herein.
AND ALSO,
Re: Application #2011-027 of Mukesh Patel for Site Plan Approval to construct a 3,600 square foot building for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive, Bethany, Connecticut.
The Planning and Zoning Commission in accordance with all applicable sections of the Bethany Zoning Regulations considered the above referenced application in accordance with Section 5.2.B. and Section 10 of the Bethany Zoning Regulations at a regular meeting held on February 1, 2012 and took the following action:
WHEREAS, the Commission held a public hearing on this Site Plan application on January 4, 2012, and took all testimony as required by law; and
WHEREAS, the Commissions notes that the applicant has applied for a Site Plan Approval to construct a 3,600 square foot building to be used for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive; and
WHEREAS, the Commission also notes the applicant has received approvals from the Bethany Inland Wetlands Agency dated December 28, 2011, the Bethany Fire Marshal letter dated January 4, 2012, the Regional Water Authority letter dated November 2, 2011, the Quinnipiack Valley Health District letter dated January 3, 2012; and
WHEREAS, the Commission finds that the applicant has supplied information to the Commission in the form of a Site Plan application including the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
1. “Site Development Plan”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-1.
2. “Site Drainage and Layout Plan”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-2.
3. “Erosion and Sediment Control Plan”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-3.
4. “Lighting and Landscaping Plan”, dated March 14, 2007, revised to August 10, 2011, Drawing No. C-4 (Light Detail needed).
5. “Septic Layout”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-5.
6. “Typical Details”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-6.
7. “Drainage Details”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-7.
And,
WHEREAS, said Site Plans contain sufficient detail and content to allow a determination that the requirements for the Site Plan, as outlined in Section 10 of the Bethany Zoning Regulations, can be met with certain modifications as may be agreed to by the applicant, and while the specifics of the site development plan will be addressed by the Commission’s findings and resolution regarding the site plan, sufficient detail has been provided to permit the Commission to take action on the Site Plan application at this time.
THEREFORE BE IT RESOLVED, that Application #2011-027 of Mukesh Patel for Site Plan Approval to construct a 3,600 square foot building to be used for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive, Bethany, Connecticut, is hereby approved with the modifications as stated herein.
The modifications are as follows and must be resolved as indicated and no final Certificate of Zoning Compliance letter to be issued by the Zoning Enforcement Officer unless or until all modifications are resolved to the satisfaction of the Commission.
Modifications are:
1. Canopy: Roof construction to be consistent with Photos 1 and 2 attached. Color of canopy and roof to be consistent with the colors of the building and applicant will return to allow Commission to review design. No signage of any type to be applied to the canopy.
2. Canopy lighting: Lighting mounted under the canopy shall be surface mounted and consistent with the canopy design. The underside of the canopy shall be painted a flat (non-reflective) color so as to minimize glare from reflectivity.
3. Lighting: All canopy lighting shall be full cutoff lighting. No lighting level on the property, including under the canopy, may be brighter than 20 foot candles. This requirement shall be measured and confirmed by a qualified lighting specialist and shall be diagrammed on a copy of the final site plan and submitted to the Zoning Enforcement Officer for compliance confirmation prior to applying for a letter of Zoning Compliance and prior to seeking a Certificate of Occupancy.
4. Parking lot and site lighting: All luminaries are to be full cutoff design, aimed downward and away from the property line. The source of the light shall not be visible from off the site. Maximum pole heights may not exceed 15 feet.
5. Signage: All signage shall comply with the representations made to the Commission at the public hearing and as shown on the submitted (undated) plan for monument sign, received on December 7, 2011. Any dispute with regard to compliance shall be decided solely by the Commission. No internally lit signage shall be permitted anywhere on the site including inside the convenience store if it is visible from the exterior of the building. Applicant must return with sign application.
6. Uses: To be only as shown on the submitted site plan and as shown on the noted sheets above and as described in John Paul Garcia & Associates letter of December 23, 2011, (Exhibit 1E) with no other uses permitted at this site without review and approval by the Planning and Zoning Commission. Any conflict within any of these documents shall be resolved only by the Planning and Zoning Commission.
7. Landscaping plan: Applicant is to work with Staff to arrive at a suitable landscape plan for the site. The Commission may delegate this work to Staff if it so decides.
8. Need for a certified as-built plan showing all building and structure locations shall be determined by Zoning Enforcement Officer if any doubt exists as to any setback or height bulk requirement.
9. Building: Building shall be substantially consistent with the Architectural Plans by James Tuttle dated 25 April, 2011, last revised 25 October 2011, as modified by the Commission with the agreement of the applicant.
AND ALSO,
Re: Application # 2011-028 of Mukesh Patel for a Special Exception Permit for Earth Removal, Excavation, Filling, Stockpiling and Grading on property located at 6 Sargent Drive, Bethany, Connecticut.
The Planning and Zoning Commission, in accordance with all applicable sections of the Bethany Zoning Regulations considered the above referenced application in accordance with Section 5.2.B. and Section 10 and Section 8 of the Bethany Zoning Regulations at a regular meeting held on February 1, 2012, and took the following action:
WHEREAS, the Commission held a public hearing on this Site Plan Application on January 4, 2012 and took all testimony as required by law; and
WHEREAS, the Commissions notes that the applicant has applied for a Special Exception Permit for Earth Removal, Excavation, Filling, Stockpiling and Grading on the subject property in order to construct a 3,600 square foot building to be used for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive; and
WHEREAS, the Commission also notes the applicant has received approvals from the Bethany Inland Wetlands Agency dated December 28, 2011, the Bethany Fire Marshal letter dated January 4, 2012, the Regional Water Authority letter dated November 2, 2011, the Quinnipiack Valley Health District letter dated January 3, 2012; and
WHEREAS, the Commission finds that the applicant has supplied information to the Commission in the form of a Site Plan application including the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
1. “Site Development Plan”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-1.
2. “Site Drainage and Layout Plan”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-2.
3. “Erosion and Sediment Control Plan”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-3.
4. “Lighting and Landscaping Plan”, dated March 14, 2007, revised to August 10, 2011, Drawing No. C-4 (Light Detail needed).
5. “Septic Layout”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-5.
6. “Typical Details”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-6.
7. “Drainage Details”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-7.
And,
WHEREAS, the Commission finds the application meets the requirements imposed by Section 8 of the Bethany Zoning Regulations for such excavation as shown on the referenced plans; and
WHEREAS, the applicant has complied with the notice requirements of Section 8 of the Bethany Zoning Regulations; and
WHEREAS, the site disturbance shall be completed in accordance with Section 8 of the Bethany Zoning Regulations, such that the site is complete and stabilized within six (6) months of the date of permit issuance; and
WHEREAS, the applicant has agreed on the record to comply with all requirements of Section 8 of the Bethany Zoning Regulations in terms of excavation activity and completion as shown on the submitted and approved plans.
THEREFORE BE IT RESOLVED, that Application #2011-028 of Mukesh Patel for a Special Exception Permit for Earth Removal, Excavation, Filling, Stockpiling and Grading on the property located at 6 Sargent Drive, Bethany, Connecticut is hereby approved with modifications.
The modifications are as follows:
1. Applicant is to provide adequate bonding in an amount deemed acceptable to the Town Engineer, however, this bond is to be submitted in accordance with the requirements of the Town Attorney based on recently passed legislation regarding bond submission.
2. Applicant or applicant’s agent is to notify the Zoning Enforcement Officer at least two (2) working days prior to the onset of any earth disturbing activity at the subject site.
3. Any proposed permit transfer for any aspect of this application must be approved by the Commission as required by the Bethany Zoning Regulations.
4. The applicant should clearly understand that any deviation from the approved plans or from any aspect of the approved plans requires the review and approval of the Commission.
Finally, the Commission wishes the applicant to clearly understand that while it takes all of its actions seriously, this particular approval is extremely important as it is in an important location; one which may well set the tone of development for this commercial area of Bethany for many years to come.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
4. Discuss increasing application fees – Tabled.
There being no further business to come before the Commission, it was moved by Shurtleff and seconded by Winer to adjourn the regular meeting at 8:10 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 7:00 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
Kimberly McClure Brinton, Member
Marc Adelberg, Alternate Member, arrived at 7:06 p.m.
Donna Shea, Alternate Member
Nellie Rabinowitz, Alternate Member
Also present were:
Hiram Peck, Planning Consultant
Isabel Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Brinton and seconded by Shurtleff to approve, as submitted, the minutes of the January 4, 2012, Regular Meeting.
Voting for: Spear, Shurtleff, Winer Calhoun, Brinton.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from KMPT, LLC, dated January 27, 2012, Re: 770 Amity Road, Change of Use, Outside Storage.
2. Letter from Attorney Richard Kascak, Jr., representing Samantha Lyon of 20 Tawney Drive, dated February 1, 2012, Re: Requesting an extension of five years for the Subdivision approval located at 20 Tawney Drive.
It was moved by Shurtleff and seconded by Winer to approve the five-year extension of the 3-Lot Resubdivision of 20 Tawney Drive, Samantha Lyon, owner of record.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Winter 2012.
BILLS
1) It was moved by Calhoun and seconded by Brinton to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for January 2012, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION
Isabel Kearns, ZEO, reported on the following:
Ms. Kearns stated she has not received any information back from the Town Attorney on the draft letter she forwarded to him for review pertaining to the Zoning Violation List.
NEW BUSINESS
1) 770 Amity Road, Application #2012-003 submitted by KMPT, LLC for a Business Change of Use – Wholesale/Retail Feed and Agriculture Supplies, Power Equipment, Animal Supplies and Equine Tack –
The Commission formally received the application. Present to speak on behalf of the application was Theron Simon, owner of record.
The Commission received a letter from KMPT, LLC, dated January 27, 2012, Re: 770 Amity Road, Change of Use, Outside Storage.
Isabel Kearns, ZEO, stated Theron Simon, owner of record, will be transferring the permits issued to the prior owner, Seymour Lumber, for outside storage and he is aware of the conditions.
Mr. Simon stated the signage will stay the same as previous owner. Also, Mr. Simon reviewed the proposed change of use and stated that the outside storage and buildings will stay the same.
Isabel Kearns prepared a draft resolution. Commission members reviewed and proceeded to deliberate. It was moved by Winer and seconded by Calhoun to approve the following resolution for Application #2012-003:
Whereas, KMPT, LLC (Theron Simons) applied on February 1, 2012, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate “The Hitching Post” (wholesale and retail sale feed and agricultural supplies, power equipment, animal supplies and equine tack) at 770 Amity Road;
Whereas, the Commission, at its regular meeting of February 1, 2012, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate “The Hitching Post” (wholesale and retail sale feed and agricultural supplies, power equipment, animal supplies and equine tack) at 770 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) John Laudano, Quinnipiack Valley Health District representative, signed off on the back of the application form on January 30, 2012, indicating his approval of this application.
2) Rod White, Fire Marshal, signed off on the back of the application form on January 30, 2012, indicating his approval of this application.
3) The Commission received an e-mail dated January 30, 2012, from Ronald Walters of the South Central Regional Water Authority in which he states that this property is not on a public water supply watershed area.
Now Therefore Be It Resolved that pursuant to Section 5.5.A. of the Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate “The Hitching Post” (wholesale and retail sale feed and agricultural supplies, power equipment, animal supplies and equine tack) located at 770 Amity Road (Application #2012-003), as presented in the application, statement of use and testimony and 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) Best practices will be followed when disposing of motor oil and petroleum products associated with power equipment.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
OLD BUSINESS
1. 6 Sargent Drive, Application #2011-026 submitted by Mukesh Patel for a Special Exception Permit – Construct 3600 SF Gas Filling Station/Convenience Store –
2. 6 Sargent Drive, Application #2011-027 submitted by Mukesh Patel for a Site Plan Approval - Construct 3600 SF Gas Filling Station/Convenience Store –
3. 6 Sargent Drive, Application #2011-028 submitted by Mukesh Patel for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit –
Hiram Peck, Planning Consultant, prepared a draft resolution. Commission members review and proceeded to deliberate.
It was moved by Calhoun and seconded by Brinton to approve the following resolutions for Applications #2011-026, 2011-027 and 2011-028:
Re: Application #2011-026 of Mukesh Patel for a Special Exception Permit to construct a 3,600 square foot building to be used for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive, Bethany, Connecticut.
The Planning and Zoning Commission in accordance with all applicable sections of the Bethany Zoning Regulations considered the above referenced application in accordance with Section 5.2.B. and Section 10 of the Bethany Zoning Regulations at a regular meeting held on February 1, 2012 and took the following action:
WHEREAS, the Commission held a public hearing on this Special Exception application on January 4, 2012, and took all testimony as required by law; and
WHEREAS, the Commission notes that the applicant has applied for a Special Exception Permit to construct a 3,600 square foot building to be used for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive; and
WHEREAS, the Commission also notes the applicant has received approvals from the Bethany Inland Wetlands Agency dated December 28, 2011, the Bethany Fire Marshal letter dated January 4, 2012, the Regional Water Authority letter dated November 2, 2011, the Quinnipiack Valley Health District letter dated January 3, 2012; and
WHEREAS, the Commissions finds that the applicant has supplied information to the Commission in sufficient detail and content to allow a determination that the requirements for the Special Exception, as outlined in Section 10 of the Bethany Zoning Regulations, have been met, and while the specifics of the site development plan will be addressed by the Commission’s findings and resolution regarding the site plan, sufficient detail has been provided to permit a resolution of the Special Exception Permit application.
THEREFORE BE IT RESOLVED, that Application #2011-026 of Mukesh Patel for a Special Exception Permit to construct a 3,600 square foot building to be used for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive, Bethany, Connecticut is hereby approved with modifications as permitted by the requirements of Section 10 of the Bethany Zoning Regulations and as stated herein.
AND ALSO,
Re: Application #2011-027 of Mukesh Patel for Site Plan Approval to construct a 3,600 square foot building for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive, Bethany, Connecticut.
The Planning and Zoning Commission in accordance with all applicable sections of the Bethany Zoning Regulations considered the above referenced application in accordance with Section 5.2.B. and Section 10 of the Bethany Zoning Regulations at a regular meeting held on February 1, 2012 and took the following action:
WHEREAS, the Commission held a public hearing on this Site Plan application on January 4, 2012, and took all testimony as required by law; and
WHEREAS, the Commissions notes that the applicant has applied for a Site Plan Approval to construct a 3,600 square foot building to be used for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive; and
WHEREAS, the Commission also notes the applicant has received approvals from the Bethany Inland Wetlands Agency dated December 28, 2011, the Bethany Fire Marshal letter dated January 4, 2012, the Regional Water Authority letter dated November 2, 2011, the Quinnipiack Valley Health District letter dated January 3, 2012; and
WHEREAS, the Commission finds that the applicant has supplied information to the Commission in the form of a Site Plan application including the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
1. “Site Development Plan”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-1.
2. “Site Drainage and Layout Plan”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-2.
3. “Erosion and Sediment Control Plan”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-3.
4. “Lighting and Landscaping Plan”, dated March 14, 2007, revised to August 10, 2011, Drawing No. C-4 (Light Detail needed).
5. “Septic Layout”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-5.
6. “Typical Details”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-6.
7. “Drainage Details”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-7.
And,
WHEREAS, said Site Plans contain sufficient detail and content to allow a determination that the requirements for the Site Plan, as outlined in Section 10 of the Bethany Zoning Regulations, can be met with certain modifications as may be agreed to by the applicant, and while the specifics of the site development plan will be addressed by the Commission’s findings and resolution regarding the site plan, sufficient detail has been provided to permit the Commission to take action on the Site Plan application at this time.
THEREFORE BE IT RESOLVED, that Application #2011-027 of Mukesh Patel for Site Plan Approval to construct a 3,600 square foot building to be used for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive, Bethany, Connecticut, is hereby approved with the modifications as stated herein.
The modifications are as follows and must be resolved as indicated and no final Certificate of Zoning Compliance letter to be issued by the Zoning Enforcement Officer unless or until all modifications are resolved to the satisfaction of the Commission.
Modifications are:
1. Canopy: Roof construction to be consistent with Photos 1 and 2 attached. Color of canopy and roof to be consistent with the colors of the building and applicant will return to allow Commission to review design. No signage of any type to be applied to the canopy.
2. Canopy lighting: Lighting mounted under the canopy shall be surface mounted and consistent with the canopy design. The underside of the canopy shall be painted a flat (non-reflective) color so as to minimize glare from reflectivity.
3. Lighting: All canopy lighting shall be full cutoff lighting. No lighting level on the property, including under the canopy, may be brighter than 20 foot candles. This requirement shall be measured and confirmed by a qualified lighting specialist and shall be diagrammed on a copy of the final site plan and submitted to the Zoning Enforcement Officer for compliance confirmation prior to applying for a letter of Zoning Compliance and prior to seeking a Certificate of Occupancy.
4. Parking lot and site lighting: All luminaries are to be full cutoff design, aimed downward and away from the property line. The source of the light shall not be visible from off the site. Maximum pole heights may not exceed 15 feet.
5. Signage: All signage shall comply with the representations made to the Commission at the public hearing and as shown on the submitted (undated) plan for monument sign, received on December 7, 2011. Any dispute with regard to compliance shall be decided solely by the Commission. No internally lit signage shall be permitted anywhere on the site including inside the convenience store if it is visible from the exterior of the building. Applicant must return with sign application.
6. Uses: To be only as shown on the submitted site plan and as shown on the noted sheets above and as described in John Paul Garcia & Associates letter of December 23, 2011, (Exhibit 1E) with no other uses permitted at this site without review and approval by the Planning and Zoning Commission. Any conflict within any of these documents shall be resolved only by the Planning and Zoning Commission.
7. Landscaping plan: Applicant is to work with Staff to arrive at a suitable landscape plan for the site. The Commission may delegate this work to Staff if it so decides.
8. Need for a certified as-built plan showing all building and structure locations shall be determined by Zoning Enforcement Officer if any doubt exists as to any setback or height bulk requirement.
9. Building: Building shall be substantially consistent with the Architectural Plans by James Tuttle dated 25 April, 2011, last revised 25 October 2011, as modified by the Commission with the agreement of the applicant.
AND ALSO,
Re: Application # 2011-028 of Mukesh Patel for a Special Exception Permit for Earth Removal, Excavation, Filling, Stockpiling and Grading on property located at 6 Sargent Drive, Bethany, Connecticut.
The Planning and Zoning Commission, in accordance with all applicable sections of the Bethany Zoning Regulations considered the above referenced application in accordance with Section 5.2.B. and Section 10 and Section 8 of the Bethany Zoning Regulations at a regular meeting held on February 1, 2012, and took the following action:
WHEREAS, the Commission held a public hearing on this Site Plan Application on January 4, 2012 and took all testimony as required by law; and
WHEREAS, the Commissions notes that the applicant has applied for a Special Exception Permit for Earth Removal, Excavation, Filling, Stockpiling and Grading on the subject property in order to construct a 3,600 square foot building to be used for a gasoline(fuel) filling station and convenience store located at 6 Sargent Drive; and
WHEREAS, the Commission also notes the applicant has received approvals from the Bethany Inland Wetlands Agency dated December 28, 2011, the Bethany Fire Marshal letter dated January 4, 2012, the Regional Water Authority letter dated November 2, 2011, the Quinnipiack Valley Health District letter dated January 3, 2012; and
WHEREAS, the Commission finds that the applicant has supplied information to the Commission in the form of a Site Plan application including the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
1. “Site Development Plan”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-1.
2. “Site Drainage and Layout Plan”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-2.
3. “Erosion and Sediment Control Plan”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-3.
4. “Lighting and Landscaping Plan”, dated March 14, 2007, revised to August 10, 2011, Drawing No. C-4 (Light Detail needed).
5. “Septic Layout”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-5.
6. “Typical Details”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-6.
7. “Drainage Details”, dated March 14, 2007, revised to October 24, 2011, Drawing No. C-7.
And,
WHEREAS, the Commission finds the application meets the requirements imposed by Section 8 of the Bethany Zoning Regulations for such excavation as shown on the referenced plans; and
WHEREAS, the applicant has complied with the notice requirements of Section 8 of the Bethany Zoning Regulations; and
WHEREAS, the site disturbance shall be completed in accordance with Section 8 of the Bethany Zoning Regulations, such that the site is complete and stabilized within six (6) months of the date of permit issuance; and
WHEREAS, the applicant has agreed on the record to comply with all requirements of Section 8 of the Bethany Zoning Regulations in terms of excavation activity and completion as shown on the submitted and approved plans.
THEREFORE BE IT RESOLVED, that Application #2011-028 of Mukesh Patel for a Special Exception Permit for Earth Removal, Excavation, Filling, Stockpiling and Grading on the property located at 6 Sargent Drive, Bethany, Connecticut is hereby approved with modifications.
The modifications are as follows:
1. Applicant is to provide adequate bonding in an amount deemed acceptable to the Town Engineer, however, this bond is to be submitted in accordance with the requirements of the Town Attorney based on recently passed legislation regarding bond submission.
2. Applicant or applicant’s agent is to notify the Zoning Enforcement Officer at least two (2) working days prior to the onset of any earth disturbing activity at the subject site.
3. Any proposed permit transfer for any aspect of this application must be approved by the Commission as required by the Bethany Zoning Regulations.
4. The applicant should clearly understand that any deviation from the approved plans or from any aspect of the approved plans requires the review and approval of the Commission.
Finally, the Commission wishes the applicant to clearly understand that while it takes all of its actions seriously, this particular approval is extremely important as it is in an important location; one which may well set the tone of development for this commercial area of Bethany for many years to come.
Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.
Unanimous approval.
4. Discuss increasing application fees – Tabled.
There being no further business to come before the Commission, it was moved by Shurtleff and seconded by Winer to adjourn the regular meeting at 8:10 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Planning and Zoning Commission
Thursday, February 2, 2012
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, JANUARY 23, 2012 Page 1 of 5
The regular meeting of the Inland Wetlands Commission was called to order at 7:33 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, Chair
Kristine Sullivan, Vice-Chair
Brian Smith, Member
Roger Hathaway, Member, arrived at 8:08 p.m.
The following member of the Commission was absent:
Lisa Gaw, Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
It was the consensus of the Commission to start the meeting with New Business.
NEW BUSINESS
1. 165 Hoadley Road, Application #1179 submitted by South Central Connecticut Regional Water Authority for an Inland Wetlands Permit for a commercial timber harvest –
Chairman Breslin stated for the record that she represents the Town of Bethany for the Representative Policy Board South Central Connecticut Regional Water District.
The Commission formally received the application. Present to speak on behalf of this application was Valerie O’Donnell, Forester form South Central Connecticut Regional Water Authority.
Ms. O’Donnell reviewed the proposed project noting:
· There is one spot with a stream crossing and there is a culvert in place. She does not anticipate any impact to the wetlands.
· The harvest works around the wetlands.
· This is a commercial timber harvest and the timber goes out to bid to professional loggers.
· Submitted photographs and reviewed.
In discussion, Commission members noted:
· Due to the stream crossing the applicant does need to come before the Commission. (Sited from the Bethany Inland Wetlands and Watercourses Regulations, Page 27, Appendix A.)
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, February 27, 2012. Tabled.
2. 694 Carrington Road, Application #1180 submitted by South Central Connecticut Regional Water Authority for an Inland Wetlands Permit for a commercial timber harvest –
The Commission formally received the application. Present to speak on behalf of this application was Valerie O’Donnell, Forester form South Central Connecticut Regional Water Authority.
Ms. O’Donnell reviewed the proposed project noting:
· There is a stream crossing.
· The harvest works around the wetlands.
· This is a commercial timber harvest and the timber goes out to bid to professional loggers.
· Submitted photographs and reviewed.
The Commission received a letter, dated January 10, 2012, from Valerie O’Donnell from the Regional Water Authority, to waive the application fees on both applications.
It was moved by Sullivan and seconded by Smith to waive the Town application fee only for Application #1179 and #1180 submitted by the SCC Regional Water Authority as per Section 19.7.b. and c. of the Bethany Inland Wetlands and Watercourses Regulations. Unanimous approval. The Regional Water Authority will have to pay the State fee for the applications of $120.00.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, February 27, 2012. Tabled.
PUBLIC HEARING
· 46 Mesa Drive, Application #1170 submitted by James Woodward for a Five-lot Subdivision –
At 8:02 p.m., Chair Breslin called to order the public hearing continuation on the five-lot subdivision. Chair Breslin read the legal notice for the public hearing continuation.
Present to speak on behalf of this application, representing the applicant, Mr. James Woodward, were the following:
1. Attorney Paul Jessell of Watertown, Connecticut.
2. Mr. Alan Shepard, P.E. of Nowakowski, O’Bymachow and Kane, Shelton, Connecticut.
3. Mr. James McManus, Certified Soil Scientist of JMM Wetland Consulting Services, LLC.
4. Mr. George Logan of Rema Ecological Services.
Attorney Jessell addressed Exhibit 3A (email from Marc Adelberg of 29 Mesa Drive) from the public hearing on December 19, 2011, and stated that there are no plans for an accessway to Beacon Falls and there has been no easement granted. Also Attorney Jessell noted that Dr. Michael Klemens who prepared Exhibit 3B (Report from Dr. Michael Klemens, dated December 11, 2011) assisted the homeowner who submitted Exhibit 1Q (Connie LaFemina of 50 Mesa Drive) and is in opposition of this application.
Member Roger Hathaway arrived at 8:08 p.m.
Alan Shepard, P.E. , submitted and reviewed a diagram entitled, “4” Bituminous Concrete Park Curbing”. Mr. Shepard briefly reviewed the soil and erosion control plan, vernal pool and wetlands crossing.
Mr. George Logan, submitted and reviewed his letter dated January 20, 2012, addressing the report from Dr. Klemens dated December 11, 2011.
Mr. James McManus, Soil Scientist, discussed the northern part of lot 3 where the vernal pool habitat possibly exists and if so, this would become a conservation easement for protection.
Chair Breslin asked if there were any comments from the public. The following public member commented:
1) Todd Green of 64 Mesa Drive – Questioned the protection of the habitat of the vernal pool, blasting near the vernal pool, easement for the Beacon Falls property, concerned with development in Beacon Falls and how will it be accessed. Also, mentioned water runoff issue on his property coming down from slope.
2) Michael Robbins of 22 Westview Road, Beacon Falls – Mentioned the trail system from the Beacon Falls property that connects to Mendell’s Folly in Bethany and whether the trail system would be maintained during and after construction. Also asked questions about the vernal pool.
3) Don Murphy of 67 Tawney Drive – Concerned about what the impact the development would have on the Watch Hill preserve that already exists.
4) Marc Adelberg of 29 Mesa Drive – Requested clarification as far as the legal accessway to the property in Beacon Falls.
5) Joseph Tartaglia of 50 Mesa Drive - Concerned with not knowing what is going to happen to the property in Beacon Falls and what impact it will have on the neighborhood. Also, he mentioned his wife, Connie LaFemina, who contacted Dr. Klemens and stated Dr. Klemens was not compensated for helping her.
The following is some of the information noted by the Commission:
· There are no plans for development of the remainder of Mr. Woodward’s property in Bethany or the Beacon Falls property.
· Existing wood trail that provides minimal access to Beacon Falls property.
· Entire file from the original application in 2008 will be included in hearing record.
· Major concern is the wetlands crossing and the engineer feels he picked the best spot to cross the stream and will be using pipe, which is the most environmentally friendly method.
Chair Breslin noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 4A – Letter from George Logan of REMA, dated January 20, 2012, Re: Response to letter from Dr. Michael Klemens dated December 11, 2011, for proposed Clifford Drive Estates, 46 Mesa Drive.
Exhibit 4B – Diagram submitted by Alan Shepard P.E. from Nowakowski, O’Bymachow and Kane, entitled “4” Bituminous Concrete Park Curbing”.
At 9:29 p.m., there being no further questions or discussion, Chair Breslin closed the public hearing on the subject application.
APPROVAL OF MINUTES
1. It was moved by Sullivan and seconded by Smith to approve the minutes of the December 19, 2011, Regular Meeting as proposed to be amended.
Voting were: Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.
2. It was moved by Sullivan and seconded by Smith to approve, as submitted, the minutes of the January 7, 2012, Special Meeting/Site Visit.
Voting were: Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from George Logan of REMA, dated January 20, 2012, Re: Response to letter from Dr. Michael Klemens dated December 11, 2011, for proposed Clifford Drive Estates, 46 Mesa Drive.
BILLS
1. It was moved by Smith and seconded by Sullivan to approve the payment of $3,010.00, for professional services rendered by Dr. Michael W. Klemens as shown on a bill dated December 21, 2011. (46 Mesa Drive).
Voting were: Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.
2. It was moved by Sullivan and seconded by Hathaway to approve the payment of a bill for $95.00, dated January 23, 2012, from Anne Sohon for recording services for the public hearing (46 Mesa Drive).
Voting were: Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.
OLD BUSINESS
1. 46 Mesa Drive, James Woodward, Application #1170 a Five-lot Subdivision –
The public hearing was closed on January 23, 2012. The Commission scheduled a Special Meeting on Monday, January 30, 2012, at 6:00 p.m. to start the deliberation phase. Tabled.
2. Francis Drive, Anella Drive and Clay Road, Application #1178 submitted by the Town of Bethany/Department of Public Works for an IW Permit for drainage improvements –
The Commission did not receive any new information on this application.
The Commission conducted a site visit on January 7, 2012.
The Town will submit an extension of time to act on the application.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, February 27, 2012. Tabled.
3. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT – Tabled.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Sullivan and seconded by Smith to adjourn the regular meeting at 9:35 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 7:33 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, Chair
Kristine Sullivan, Vice-Chair
Brian Smith, Member
Roger Hathaway, Member, arrived at 8:08 p.m.
The following member of the Commission was absent:
Lisa Gaw, Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
It was the consensus of the Commission to start the meeting with New Business.
NEW BUSINESS
1. 165 Hoadley Road, Application #1179 submitted by South Central Connecticut Regional Water Authority for an Inland Wetlands Permit for a commercial timber harvest –
Chairman Breslin stated for the record that she represents the Town of Bethany for the Representative Policy Board South Central Connecticut Regional Water District.
The Commission formally received the application. Present to speak on behalf of this application was Valerie O’Donnell, Forester form South Central Connecticut Regional Water Authority.
Ms. O’Donnell reviewed the proposed project noting:
· There is one spot with a stream crossing and there is a culvert in place. She does not anticipate any impact to the wetlands.
· The harvest works around the wetlands.
· This is a commercial timber harvest and the timber goes out to bid to professional loggers.
· Submitted photographs and reviewed.
In discussion, Commission members noted:
· Due to the stream crossing the applicant does need to come before the Commission. (Sited from the Bethany Inland Wetlands and Watercourses Regulations, Page 27, Appendix A.)
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, February 27, 2012. Tabled.
2. 694 Carrington Road, Application #1180 submitted by South Central Connecticut Regional Water Authority for an Inland Wetlands Permit for a commercial timber harvest –
The Commission formally received the application. Present to speak on behalf of this application was Valerie O’Donnell, Forester form South Central Connecticut Regional Water Authority.
Ms. O’Donnell reviewed the proposed project noting:
· There is a stream crossing.
· The harvest works around the wetlands.
· This is a commercial timber harvest and the timber goes out to bid to professional loggers.
· Submitted photographs and reviewed.
The Commission received a letter, dated January 10, 2012, from Valerie O’Donnell from the Regional Water Authority, to waive the application fees on both applications.
It was moved by Sullivan and seconded by Smith to waive the Town application fee only for Application #1179 and #1180 submitted by the SCC Regional Water Authority as per Section 19.7.b. and c. of the Bethany Inland Wetlands and Watercourses Regulations. Unanimous approval. The Regional Water Authority will have to pay the State fee for the applications of $120.00.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, February 27, 2012. Tabled.
PUBLIC HEARING
· 46 Mesa Drive, Application #1170 submitted by James Woodward for a Five-lot Subdivision –
At 8:02 p.m., Chair Breslin called to order the public hearing continuation on the five-lot subdivision. Chair Breslin read the legal notice for the public hearing continuation.
Present to speak on behalf of this application, representing the applicant, Mr. James Woodward, were the following:
1. Attorney Paul Jessell of Watertown, Connecticut.
2. Mr. Alan Shepard, P.E. of Nowakowski, O’Bymachow and Kane, Shelton, Connecticut.
3. Mr. James McManus, Certified Soil Scientist of JMM Wetland Consulting Services, LLC.
4. Mr. George Logan of Rema Ecological Services.
Attorney Jessell addressed Exhibit 3A (email from Marc Adelberg of 29 Mesa Drive) from the public hearing on December 19, 2011, and stated that there are no plans for an accessway to Beacon Falls and there has been no easement granted. Also Attorney Jessell noted that Dr. Michael Klemens who prepared Exhibit 3B (Report from Dr. Michael Klemens, dated December 11, 2011) assisted the homeowner who submitted Exhibit 1Q (Connie LaFemina of 50 Mesa Drive) and is in opposition of this application.
Member Roger Hathaway arrived at 8:08 p.m.
Alan Shepard, P.E. , submitted and reviewed a diagram entitled, “4” Bituminous Concrete Park Curbing”. Mr. Shepard briefly reviewed the soil and erosion control plan, vernal pool and wetlands crossing.
Mr. George Logan, submitted and reviewed his letter dated January 20, 2012, addressing the report from Dr. Klemens dated December 11, 2011.
Mr. James McManus, Soil Scientist, discussed the northern part of lot 3 where the vernal pool habitat possibly exists and if so, this would become a conservation easement for protection.
Chair Breslin asked if there were any comments from the public. The following public member commented:
1) Todd Green of 64 Mesa Drive – Questioned the protection of the habitat of the vernal pool, blasting near the vernal pool, easement for the Beacon Falls property, concerned with development in Beacon Falls and how will it be accessed. Also, mentioned water runoff issue on his property coming down from slope.
2) Michael Robbins of 22 Westview Road, Beacon Falls – Mentioned the trail system from the Beacon Falls property that connects to Mendell’s Folly in Bethany and whether the trail system would be maintained during and after construction. Also asked questions about the vernal pool.
3) Don Murphy of 67 Tawney Drive – Concerned about what the impact the development would have on the Watch Hill preserve that already exists.
4) Marc Adelberg of 29 Mesa Drive – Requested clarification as far as the legal accessway to the property in Beacon Falls.
5) Joseph Tartaglia of 50 Mesa Drive - Concerned with not knowing what is going to happen to the property in Beacon Falls and what impact it will have on the neighborhood. Also, he mentioned his wife, Connie LaFemina, who contacted Dr. Klemens and stated Dr. Klemens was not compensated for helping her.
The following is some of the information noted by the Commission:
· There are no plans for development of the remainder of Mr. Woodward’s property in Bethany or the Beacon Falls property.
· Existing wood trail that provides minimal access to Beacon Falls property.
· Entire file from the original application in 2008 will be included in hearing record.
· Major concern is the wetlands crossing and the engineer feels he picked the best spot to cross the stream and will be using pipe, which is the most environmentally friendly method.
Chair Breslin noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 4A – Letter from George Logan of REMA, dated January 20, 2012, Re: Response to letter from Dr. Michael Klemens dated December 11, 2011, for proposed Clifford Drive Estates, 46 Mesa Drive.
Exhibit 4B – Diagram submitted by Alan Shepard P.E. from Nowakowski, O’Bymachow and Kane, entitled “4” Bituminous Concrete Park Curbing”.
At 9:29 p.m., there being no further questions or discussion, Chair Breslin closed the public hearing on the subject application.
APPROVAL OF MINUTES
1. It was moved by Sullivan and seconded by Smith to approve the minutes of the December 19, 2011, Regular Meeting as proposed to be amended.
Voting were: Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.
2. It was moved by Sullivan and seconded by Smith to approve, as submitted, the minutes of the January 7, 2012, Special Meeting/Site Visit.
Voting were: Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from George Logan of REMA, dated January 20, 2012, Re: Response to letter from Dr. Michael Klemens dated December 11, 2011, for proposed Clifford Drive Estates, 46 Mesa Drive.
BILLS
1. It was moved by Smith and seconded by Sullivan to approve the payment of $3,010.00, for professional services rendered by Dr. Michael W. Klemens as shown on a bill dated December 21, 2011. (46 Mesa Drive).
Voting were: Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.
2. It was moved by Sullivan and seconded by Hathaway to approve the payment of a bill for $95.00, dated January 23, 2012, from Anne Sohon for recording services for the public hearing (46 Mesa Drive).
Voting were: Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.
OLD BUSINESS
1. 46 Mesa Drive, James Woodward, Application #1170 a Five-lot Subdivision –
The public hearing was closed on January 23, 2012. The Commission scheduled a Special Meeting on Monday, January 30, 2012, at 6:00 p.m. to start the deliberation phase. Tabled.
2. Francis Drive, Anella Drive and Clay Road, Application #1178 submitted by the Town of Bethany/Department of Public Works for an IW Permit for drainage improvements –
The Commission did not receive any new information on this application.
The Commission conducted a site visit on January 7, 2012.
The Town will submit an extension of time to act on the application.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, February 27, 2012. Tabled.
3. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT – Tabled.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Sullivan and seconded by Smith to adjourn the regular meeting at 9:35 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Inland Wetlands Commission
Thursday, January 5, 2012
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, DECEMBER 19, 2011 Page 1 of 5
The regular meeting of the Inland Wetlands Commission was called to order at 7:33 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, Chair
Kristine Sullivan, Vice-Chair
Brian Smith, Member
Roger Hathaway, Member
Lisa Gaw, Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Sullivan and seconded by Hathaway to approve, as submitted, the minutes of the October 22, 2011, Special Meeting/Site Visit.
Voting were: Breslin, Sullivan, Smith, Gaw, Hathaway.
Unanimous approval.
2. It was moved by Sullivan and seconded by Hathaway to approve, as submitted, the minutes of the October 24, 2011, Regular Meeting.
Voting were: Breslin, Sullivan, Smith, Gaw, Hathaway.
Unanimous approval.
3. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the November 11, 2011, Special Meeting/Site Visit.
Voting were: Breslin, Sullivan, Smith, Gaw, Hathaway.
Unanimous approval.
4. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the November 28, 2011, Regular Meeting.
Voting were: Breslin, Sullivan, Smith, Gaw, Hathaway.
Unanimous approval.
5. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the December 10, 2011, Special Meeting/Site Visit.
Voting were: Breslin, Sullivan, Smith, Gaw, Hathaway.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Email from Marc Adelberg of 29 Mesa Drive, dated November 30, 2011, Re: Memo regarding the development of 46 Mesa Drive.
2. Letter/Report from Dr. Michael Klemens, dated December 11, 2011, Re: Comments on review of 46 Mesa Drive plans revised to November 28, 2011, and REMA Ecological Services Report dated November 28, 2011.
3. Resume of Dr. Michael W. Klemens, submitted December 19, 2011.
4. Copy of Department of the Army General Permit, State of Connecticut and Lands located within the Boundaries of an Indian Reservation, effective date July 15, 2011, expiration date: July 15, 2016.
5. Consent to extension of time from James Woodward dated December 19, 2011, Re: Extension of 30 days to continue the public hearing on Application #1170 for 46 Mesa Drive.
6. Letter from John Paul Garcia, dated December 12, 2011, Re: 6 Sargent Drive, revised copy of drawings submitted to PZC for proposed gas filling station/convenience store with attached drawings.
Mr. Garcia stated that a new application for 6 Sargent Drive has been submitted to the Planning and Zoning Commission with less development and comments from the Inland Wetlands Commission is needed whether or not a new Inland Wetlands application or modification needs to be submitted.
It was the consensus of the Commission to submit a letter to the Planning and Zoning Commission stating the Inland Wetlands Commission has reviewed the proposed modification dated October 24, 2011, for 6 Sargent Drive and that the Commission has no issues due to the decrease in development and provided that if successfully passed through the Planning and Zoning Commission, the Inland Wetlands Commission would like a copy of the revised plans for their record.
7. Letter from Nancy McCarthy, Town Clerk, dated November 22, 2011, Re: Request for 2012 schedule of regular meetings for the Inland Wetlands Commission with attached draft prepared by clerk for 2012 regular meetings.
It was moved by Sullivan and seconded by Gaw to adopt the proposed dates for the 2012 Meeting Schedule as prepared by the Clerk, in a letter dated December 1, 2011.
Voting were: Breslin, Sullivan, Smith, Gaw, Hathaway.
Unanimous approval.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Federation of Lakes, December 2011.
BILLS
1. It was moved by Sullivan and seconded by Smith to approve the payment of $585.00, for professional services rendered by Diversified Technology Consultants as shown on a bill dated December 14, 2011. (46 Mesa Drive).
Voting were: Breslin, Sullivan, Smith, Gaw, Hathaway.
Unanimous approval.
PUBLIC HEARING
· 46 Mesa Drive, Application #1170 submitted by James Woodward for a Five-lot Subdivision -
At 8:01 p.m., Chair Breslin called to order the public hearing continuation on the five-lot subdivision. Chair Breslin read the legal notice for the public hearing continuation and stated the Commission would just be accepting documents for the hearing record.
Chair Breslin noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 3A – Email from Marc Adelberg of 29 Mesa Drive, dated November 30, 2011, Re: Memo regarding the development of 46 Mesa Drive.
Exhibit 3B – Letter/Report from Dr. Michael Klemens, dated December 11, 2011, Re: Comments on review of 46 Mesa Drive plans revised to November 28, 2011, and REMA Ecological Services Report dated November 28, 2011.
Exhibit 3C – Resume of Dr. Michael W. Klemens, submitted December 19, 2011.
Exhibit 3D – Copy of Department of the Army General Permit, State of Connecticut and Lands located within the Boundaries of an Indian Reservation, effective date July 15, 2011, expiration date: July 15, 2016. references in his letter.
Exhibit 3E – Consent to extension of time from James Woodward dated December 19, 2011, Re: Extension of 30 days to continue the public hearing on Application #1170 for 46 Mesa Drive.
At 8:05 p.m., Chair Breslin recessed the public hearing and continued it to the next regular meeting on Monday, January 23, 2011, in the Commission Meeting Room of the Bethany Town Hall. Tabled.
NEW BUSINESS
No new business.
OLD BUSINESS
1. 667 Amity Road, Application #1177 submitted by Eric Soltis for an IW Permit to construct a “Haunted Attraction” –
Present to speak on behalf of this application was Eric Soltis, Applicant.
The Commission visited the site on December 10, 2011, and there being no concerns, it was the consensus of the Commission that a permit was not necessary at this time. The Commission would like to revisit the site after the attraction has been in operation for one season to check for erosion from the parking.
It was moved by Sullivan and seconded by Smith to send a letter to the applicant returning his application and informing the applicant that this is subject to the Inland Wetlands Commission revisiting the site in November after the attraction has been in operation for a season so that the Commission can observe the activity conducted for that year and determine whether or not this is a regulated activity.
Voting were: Breslin, Sullivan, Smith, Gaw, Hathaway.
Unanimous approval.
2. Francis Drive, Anella Drive and Clay Road, Application #1178 submitted by the Town of Bethany/Department of Public Works for an IW Permit for drainage improvements –
No one was present for this application.
It was the consensus of the Commission that the Town needs to hire an engineer for engineered plans and stormwater calculations for these proposed drainage improvements. Isabel Kearns, IWEO, to draft letter and submit to Commission for review.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, January 23, 2012. Tabled.
3. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT –
Commission to review and discuss at the next regular meeting scheduled on Monday, January 23, 2012. Tabled.
4. 46 Mesa Drive, James Woodward, Application #1170 for a Five-lot Subdivision –
Public hearing continued to the next regular meeting scheduled on January 23, 2011. Tabled.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Smith and seconded by Sullivan to adjourn the regular meeting at 8:05 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 7:33 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, Chair
Kristine Sullivan, Vice-Chair
Brian Smith, Member
Roger Hathaway, Member
Lisa Gaw, Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Sullivan and seconded by Hathaway to approve, as submitted, the minutes of the October 22, 2011, Special Meeting/Site Visit.
Voting were: Breslin, Sullivan, Smith, Gaw, Hathaway.
Unanimous approval.
2. It was moved by Sullivan and seconded by Hathaway to approve, as submitted, the minutes of the October 24, 2011, Regular Meeting.
Voting were: Breslin, Sullivan, Smith, Gaw, Hathaway.
Unanimous approval.
3. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the November 11, 2011, Special Meeting/Site Visit.
Voting were: Breslin, Sullivan, Smith, Gaw, Hathaway.
Unanimous approval.
4. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the November 28, 2011, Regular Meeting.
Voting were: Breslin, Sullivan, Smith, Gaw, Hathaway.
Unanimous approval.
5. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the December 10, 2011, Special Meeting/Site Visit.
Voting were: Breslin, Sullivan, Smith, Gaw, Hathaway.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Email from Marc Adelberg of 29 Mesa Drive, dated November 30, 2011, Re: Memo regarding the development of 46 Mesa Drive.
2. Letter/Report from Dr. Michael Klemens, dated December 11, 2011, Re: Comments on review of 46 Mesa Drive plans revised to November 28, 2011, and REMA Ecological Services Report dated November 28, 2011.
3. Resume of Dr. Michael W. Klemens, submitted December 19, 2011.
4. Copy of Department of the Army General Permit, State of Connecticut and Lands located within the Boundaries of an Indian Reservation, effective date July 15, 2011, expiration date: July 15, 2016.
5. Consent to extension of time from James Woodward dated December 19, 2011, Re: Extension of 30 days to continue the public hearing on Application #1170 for 46 Mesa Drive.
6. Letter from John Paul Garcia, dated December 12, 2011, Re: 6 Sargent Drive, revised copy of drawings submitted to PZC for proposed gas filling station/convenience store with attached drawings.
Mr. Garcia stated that a new application for 6 Sargent Drive has been submitted to the Planning and Zoning Commission with less development and comments from the Inland Wetlands Commission is needed whether or not a new Inland Wetlands application or modification needs to be submitted.
It was the consensus of the Commission to submit a letter to the Planning and Zoning Commission stating the Inland Wetlands Commission has reviewed the proposed modification dated October 24, 2011, for 6 Sargent Drive and that the Commission has no issues due to the decrease in development and provided that if successfully passed through the Planning and Zoning Commission, the Inland Wetlands Commission would like a copy of the revised plans for their record.
7. Letter from Nancy McCarthy, Town Clerk, dated November 22, 2011, Re: Request for 2012 schedule of regular meetings for the Inland Wetlands Commission with attached draft prepared by clerk for 2012 regular meetings.
It was moved by Sullivan and seconded by Gaw to adopt the proposed dates for the 2012 Meeting Schedule as prepared by the Clerk, in a letter dated December 1, 2011.
Voting were: Breslin, Sullivan, Smith, Gaw, Hathaway.
Unanimous approval.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Federation of Lakes, December 2011.
BILLS
1. It was moved by Sullivan and seconded by Smith to approve the payment of $585.00, for professional services rendered by Diversified Technology Consultants as shown on a bill dated December 14, 2011. (46 Mesa Drive).
Voting were: Breslin, Sullivan, Smith, Gaw, Hathaway.
Unanimous approval.
PUBLIC HEARING
· 46 Mesa Drive, Application #1170 submitted by James Woodward for a Five-lot Subdivision -
At 8:01 p.m., Chair Breslin called to order the public hearing continuation on the five-lot subdivision. Chair Breslin read the legal notice for the public hearing continuation and stated the Commission would just be accepting documents for the hearing record.
Chair Breslin noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 3A – Email from Marc Adelberg of 29 Mesa Drive, dated November 30, 2011, Re: Memo regarding the development of 46 Mesa Drive.
Exhibit 3B – Letter/Report from Dr. Michael Klemens, dated December 11, 2011, Re: Comments on review of 46 Mesa Drive plans revised to November 28, 2011, and REMA Ecological Services Report dated November 28, 2011.
Exhibit 3C – Resume of Dr. Michael W. Klemens, submitted December 19, 2011.
Exhibit 3D – Copy of Department of the Army General Permit, State of Connecticut and Lands located within the Boundaries of an Indian Reservation, effective date July 15, 2011, expiration date: July 15, 2016. references in his letter.
Exhibit 3E – Consent to extension of time from James Woodward dated December 19, 2011, Re: Extension of 30 days to continue the public hearing on Application #1170 for 46 Mesa Drive.
At 8:05 p.m., Chair Breslin recessed the public hearing and continued it to the next regular meeting on Monday, January 23, 2011, in the Commission Meeting Room of the Bethany Town Hall. Tabled.
NEW BUSINESS
No new business.
OLD BUSINESS
1. 667 Amity Road, Application #1177 submitted by Eric Soltis for an IW Permit to construct a “Haunted Attraction” –
Present to speak on behalf of this application was Eric Soltis, Applicant.
The Commission visited the site on December 10, 2011, and there being no concerns, it was the consensus of the Commission that a permit was not necessary at this time. The Commission would like to revisit the site after the attraction has been in operation for one season to check for erosion from the parking.
It was moved by Sullivan and seconded by Smith to send a letter to the applicant returning his application and informing the applicant that this is subject to the Inland Wetlands Commission revisiting the site in November after the attraction has been in operation for a season so that the Commission can observe the activity conducted for that year and determine whether or not this is a regulated activity.
Voting were: Breslin, Sullivan, Smith, Gaw, Hathaway.
Unanimous approval.
2. Francis Drive, Anella Drive and Clay Road, Application #1178 submitted by the Town of Bethany/Department of Public Works for an IW Permit for drainage improvements –
No one was present for this application.
It was the consensus of the Commission that the Town needs to hire an engineer for engineered plans and stormwater calculations for these proposed drainage improvements. Isabel Kearns, IWEO, to draft letter and submit to Commission for review.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, January 23, 2012. Tabled.
3. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT –
Commission to review and discuss at the next regular meeting scheduled on Monday, January 23, 2012. Tabled.
4. 46 Mesa Drive, James Woodward, Application #1170 for a Five-lot Subdivision –
Public hearing continued to the next regular meeting scheduled on January 23, 2011. Tabled.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Smith and seconded by Sullivan to adjourn the regular meeting at 8:05 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Inland Wetlands Commission
BOARD OF SELECTMEN
DECEMBER 12, 2011
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Ann McDonnell, George McDonnell, Phil Brunwin, Janet Brunwin, Janet Hescock, Bruce Hescock, Walter Briggs, Pat Stewart, Tony Esposito, Kathleen Schurman, Guy Yale, William Brinton, Shaukat Kahn
The meeting of the Board of Selectmen was called to order at 7:35 P M. The meeting was held in the Conference Room of the Bethany Town Hall. Check signing was the first order of business. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.
APPROVAL OF MINUTES
First Selectwoman Gorski called for approval of the minutes of the meeting of November 22, 2011. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Derrylyn Gorski. There were no changes to the minutes. The vote was called. The vote taken was unanimous.
First Selectwoman Gorski called for a motion of approval for the minutes of the special meeting of December 1, 2011. The motion of approval was moved by Selectman Thornquist and seconded by Selectman Shea. The minutes were approved on a unanimous vote without change.
LIONS CLUB
SHOWCASE PLANS
Shaukat Kahn gave a presentation to the Board of Selectmen on the history of the Bethany Lions Club. The club was established sixty years ago and has been an active club in the Town ever since. To preserve the history of the Bethany Lions Club, members present were asking to have a show case installed at Lakeview Lodge to display memorabilia. A plan of the show case was distributed. Following discussion and review of the plan, Selectman Thornquist moved to grant permission to the Bethany Lions Club, to build a showcase at the Lakeview Lodge in the inner room, to display memorabilia of the club, with a storage area at the base of the showcase as shown in the plans presented to the Board of Selectmen. Selectman Shea seconded the motion. The vote taken was unanimous.
LIONS CLUB
FLEA MARKET
Members of the Lions Club discussed with First Selectwoman Gorski, a suitable location on the Airport property, to hold their Flea Markets in the spring and summer and fall of 2012. The location as discussed was agreeable to all members present.
REVALUATION BID WAIVING
Bethany Tax Assessor Mario Panagrosso has requested that the Board of Selectmen waive the bidding process for revaluation of the 2013 Grand List. Equality Valuation Services LLC will give us a price of $73,800 to perform the revaluation if the bid process is waived. This amount is substantially less than we would probably settle if we had a request for proposal. Equality is a Connecticut based company which still employs the same personnel that worked on the 2008 revaluation in Bethany. Mario indicates that this previous experience with Bethany will be beneficial when arriving at fair market values. Included in the $73,800 price would be digital images of every home in Bethany. Following discussion the Selectmen c hose to table the decision until Mario could be present to answer questions they might have.
TAX REFUNDS
Selectman Shea moved to refund to David Cira the sum of $90.79, to Nissan Infiniti, LT the sum of $216.55 and to Robert Golub & D. DeFusco the sum of $10.00 all for overpayment of taxes. The motion was seconded by Selectman Thornquist. The vote taken was unanimous.
MONUMENT REPAIR FOR BETHANY CEMETERIES
William Brinton, Bethany Town Historian gave a power point presentation to the Selectmen on the need for repair of the old historic monuments in Bethany’s Cemeteries. The cemeteries are the Meyers, Carrington, Methodist and the Sperry Cemeteries. There are a number of historic headstones that are damaged and require attention. The Board of Selectmen in the absence of a church or cemetery association is responsible for the maintenance of all town cemeteries which is the case of the four listed. William is proposing that the Selectmen add an appropriate sum to the existing line item or create a separate one for headstone restoration and maintenance to establish a preservation program for all historic grave markers. The Selectmen all agreed that something needs to be done to preserve history. A consideration will be given to this request in the preparation for the budget of 2012-13.
CORRESPONDENCE
A request has been made by the family of Edyth Simpson to possibly place a bench at Veterans Memorial Park in memory of Edyth as she was one of the founders of the former Beacon Outing Club now known as Veterans Memorial Park. The Selectmen agreed as long as a presentation was made to them on the design of the bench and that proper steps were followed for its placement.
OTHER
First Selectwoman Gorski reported that the Audit draft will be presented to the Board of Finance tomorrow night.
The Bond Sale will take place on Wednesday. There should be a $347,000 savings if the price remains stable until Wednesday.
ADJOURNMENT\
Adjournment was called at 9:00 P M after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
DECEMBER 12, 2011
Page 1 of 2
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Ann McDonnell, George McDonnell, Phil Brunwin, Janet Brunwin, Janet Hescock, Bruce Hescock, Walter Briggs, Pat Stewart, Tony Esposito, Kathleen Schurman, Guy Yale, William Brinton, Shaukat Kahn
The meeting of the Board of Selectmen was called to order at 7:35 P M. The meeting was held in the Conference Room of the Bethany Town Hall. Check signing was the first order of business. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.
APPROVAL OF MINUTES
First Selectwoman Gorski called for approval of the minutes of the meeting of November 22, 2011. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Derrylyn Gorski. There were no changes to the minutes. The vote was called. The vote taken was unanimous.
First Selectwoman Gorski called for a motion of approval for the minutes of the special meeting of December 1, 2011. The motion of approval was moved by Selectman Thornquist and seconded by Selectman Shea. The minutes were approved on a unanimous vote without change.
LIONS CLUB
SHOWCASE PLANS
Shaukat Kahn gave a presentation to the Board of Selectmen on the history of the Bethany Lions Club. The club was established sixty years ago and has been an active club in the Town ever since. To preserve the history of the Bethany Lions Club, members present were asking to have a show case installed at Lakeview Lodge to display memorabilia. A plan of the show case was distributed. Following discussion and review of the plan, Selectman Thornquist moved to grant permission to the Bethany Lions Club, to build a showcase at the Lakeview Lodge in the inner room, to display memorabilia of the club, with a storage area at the base of the showcase as shown in the plans presented to the Board of Selectmen. Selectman Shea seconded the motion. The vote taken was unanimous.
LIONS CLUB
FLEA MARKET
Members of the Lions Club discussed with First Selectwoman Gorski, a suitable location on the Airport property, to hold their Flea Markets in the spring and summer and fall of 2012. The location as discussed was agreeable to all members present.
REVALUATION BID WAIVING
Bethany Tax Assessor Mario Panagrosso has requested that the Board of Selectmen waive the bidding process for revaluation of the 2013 Grand List. Equality Valuation Services LLC will give us a price of $73,800 to perform the revaluation if the bid process is waived. This amount is substantially less than we would probably settle if we had a request for proposal. Equality is a Connecticut based company which still employs the same personnel that worked on the 2008 revaluation in Bethany. Mario indicates that this previous experience with Bethany will be beneficial when arriving at fair market values. Included in the $73,800 price would be digital images of every home in Bethany. Following discussion the Selectmen c hose to table the decision until Mario could be present to answer questions they might have.
TAX REFUNDS
Selectman Shea moved to refund to David Cira the sum of $90.79, to Nissan Infiniti, LT the sum of $216.55 and to Robert Golub & D. DeFusco the sum of $10.00 all for overpayment of taxes. The motion was seconded by Selectman Thornquist. The vote taken was unanimous.
MONUMENT REPAIR FOR BETHANY CEMETERIES
William Brinton, Bethany Town Historian gave a power point presentation to the Selectmen on the need for repair of the old historic monuments in Bethany’s Cemeteries. The cemeteries are the Meyers, Carrington, Methodist and the Sperry Cemeteries. There are a number of historic headstones that are damaged and require attention. The Board of Selectmen in the absence of a church or cemetery association is responsible for the maintenance of all town cemeteries which is the case of the four listed. William is proposing that the Selectmen add an appropriate sum to the existing line item or create a separate one for headstone restoration and maintenance to establish a preservation program for all historic grave markers. The Selectmen all agreed that something needs to be done to preserve history. A consideration will be given to this request in the preparation for the budget of 2012-13.
CORRESPONDENCE
A request has been made by the family of Edyth Simpson to possibly place a bench at Veterans Memorial Park in memory of Edyth as she was one of the founders of the former Beacon Outing Club now known as Veterans Memorial Park. The Selectmen agreed as long as a presentation was made to them on the design of the bench and that proper steps were followed for its placement.
OTHER
First Selectwoman Gorski reported that the Audit draft will be presented to the Board of Finance tomorrow night.
The Bond Sale will take place on Wednesday. There should be a $347,000 savings if the price remains stable until Wednesday.
ADJOURNMENT\
Adjournment was called at 9:00 P M after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.
Respectfully submitted,
June G. Riley
December 16, 2011
NOTICE OF ADOPTION OF AMENDMENT TO THE BETHANY ZONING REGULATIONS – EFFECTIVE JANUARY 1, 2012
Notice is hereby given that at the Regular Meeting of the Bethany Planning and Zoning Commission held on December 7, 2011, the Commission approved and adopted the following amendment to the Bethany Zoning Regulations, Section 6 - Prohibited Uses:
· Add #6.28 – Signs with any type of internal lighting or internal illumination.
The adopted regulation amendment is effective January 1, 2012.
Respectfully submitted,
Melissa M. Spear, Chair
For the Planning and Zoning Commission
MSS:arm
NOTICE OF ADOPTION OF AMENDMENT TO THE BETHANY ZONING REGULATIONS – EFFECTIVE JANUARY 1, 2012
Notice is hereby given that at the Regular Meeting of the Bethany Planning and Zoning Commission held on December 7, 2011, the Commission approved and adopted the following amendment to the Bethany Zoning Regulations, Section 6 - Prohibited Uses:
· Add #6.28 – Signs with any type of internal lighting or internal illumination.
The adopted regulation amendment is effective January 1, 2012.
Respectfully submitted,
Melissa M. Spear, Chair
For the Planning and Zoning Commission
MSS:arm
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