MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, JANUARY 6, 2016     Page 1 of 10

The regular meeting of the Planning and Zoning Commission was called to order at          7:06 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

The following Commission Members were present:

            Kimberly McClure Brinton, Chair

            Michael Calhoun, Member

            Donna Shea, Member

            Bradford Buchta, Alternate Member, seated as a voting member.

            Carol Lambiase, Alternate Member, seated as a voting member.

            Eric McDonald, Alternate Member

 

The following Commission Members were absent:

            Michael Sullivan, Vice-Chairman

            Douglas Goldner, Member

 

Also present were:

             Hiram Peck, Planning Consultant

             Isabel Kearns, Zoning Enforcement Officer  

             Kevin McSherry, Town Attorney 

 

 

Executive session with Town Attorney Kevin McSherry to discuss Judge’s decision pertaining to 4 Peck Road –

 

At 7:07 p.m., it was moved by Calhoun and seconded by Buchta for the Commission to enter into an executive session regarding matter of litigation.  Hiram Peck, Planning Consultant, and Isabel Kearns, ZEO, were invited into the executive session.

 

At 7:20 p.m., it was moved by Calhoun and seconded by Lambiase for the Commission to exit out of executive session. 

 

For the record, no votes were taken in the course of the executive session.

 

 

APPROVAL OF MINUTES

            

1.      It was moved by Buchta and seconded by Calhoun to approve the minutes of the December 2, 2015, Regular Meeting, with the following amendments:

·         Page 2, Fourth Bullet – Reads “Sent letter to enter property and property owners no posted no trespassing signs.” Change to “Sent letter to enter property and property owners posted no trespassing signs.”

·         Page 9, First Paragraph, Third sentence – Reads “Waste chemicals should be stored indoors our outside” Change to “Waste chemicals should be stored indoors or outside”.

Voting for:  Brinton, Calhoun, Shea, Buchta, Lambiase.

Unanimous approval.

 

 

 

2.      It was moved by Brinton and seconded by Shea to approve, as submitted, the minutes of the December 13, 2015, Special Meeting/Site Visit/Hearing Continuation.

Calhoun and Buchta abstained.

Voting for:  Brinton, Shea, Lambiase.

Unanimous approval.

 

3.      It was moved by Calhoun and seconded by Lambiase to approve, as submitted, the minutes of the December 30, 2015, Special Meeting/Site Visit/Hearing Continuation.

Shea and Buchta abstained.

Voting for:  Brinton, Calhoun, Lambiase.

Unanimous approval.

 

 

BILLS

 

1.      It was moved by Calhoun and seconded by Buchta to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for December 2015, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for:  Brinton, Calhoun, Shea, Buchta, Lambiase.

Unanimous approval.

 

2.      It was moved by Buchta and seconded by Lambiase to approve the payment of a bill for $105.00, dated January 6, 2016, from Anne Sohon for recording services for the public hearings (48 Mesa Drive, 33 Old Amity Road, 304 Wooding Hill Road).

Voting for:  Brinton, Calhoun, Shea, Buchta, Lambiase.

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from South Central Connecticut Regional Planning Commission, dated   November 16, 2015, Re:  Comments on review of proposal for subdivision located at 48 Mesa Drive.

2.      Letter from Naugatuck Valley Council of Governments, dated November 9, 2015, Re:  Comments on review of proposed subdivision located at 48 Mesa Drive.

3.      Letter from Bethany Conservation Commission, submitted December 2, 2015, Re:  Comments on review of application for Clifford Drive Estates, 48 Mesa Drive.

4.      Letter from Dave Nafis, Town Engineer, dated December 2, 2015, Re:  Review of plans and specifications for Clifford Drive Estates, 48 Mesa Drive.

5.      Letter from Quinnipiack Valley Health District, dated March 5, 2015, Re:  Comments on review of plans for proposed Clifford Drive Estates, Mesa Drive.

6.      Copy of two photographs taken at site walk on December 30, 2015, submitted by Michael Calhoun, Commission Member, 48 Mesa Drive.

7.      Certificate of Mailing (3 pages), to property owners within 500 feet received from Manuel Preta for Applications #2015-020/021/022/023, 33 Old Amity Road, submitted December 8, 2015.

 

 

 

 

8.      Letter from Ray Pantalone, Tree Warden, dated November 4, 2015, Re:  Comments on review of plans for 33 Old Amity Road.

9.      Letter from Dave Nafis, Town Engineer, dated December 2, 2015, Re:  Comments on review of plans and specifications for 33 Old Amity Road.

10.  Letter from Quinnipiack Valley Health District, dated December 2, 2015, Re:  Comments on review of Application #2015-020, 33 Old Amity Road.

11.  Letter from Rod White, Fire Marshal, dated January 5, 2016, Re:  Comments on review of applications for 33 Old Amity Road.

12.  Letter Bethany Volunteer Fire Department, dated January 4, 2016, Re:  Comments on review of Application #2015-026 for 304 Wooding Hill Road.

13.  Letter from Inland Wetlands Commission, dated January 6, 2016, Re:  Comments on review of proposal for 304 Wooding Hill Road.

14.  Letter from Planning and Zoning Commission to Town Counsel Kevin McSherry, dated December 4, 2016, Re:  Zoning Enforcement Matters.

15.  Email from Kevin McSherry, Town Counsel to Isabel Kearns, ZEO, dated December 8, 2015, Re:  Response to email from ZEO in regard to drive regulations, 24 Horse Shoe Hill Road.

16.  Letter from Isabel Kearns, ZEO, to John Ciola of 29 Pine Brook Crossing, dated     December 9, 2015, Re:  Notice of Violation, 5 Amity Road/10 Round Hill Road, obtain building permit to continue operation of business.

17.  Letter from Town of Prospect to South Central Council of Governments, dated       November 30, 2015, Re:   Proposed revision to Prospect Zoning Regulations to add Home Heating Oil Trucks.

 

 

PUBLIC HEARING

2 Applications to be heard together:

·         Application #2015-019 submitted by James Woodward for 5-Lot Subdivision (Clifford Estates) located at 48 Mesa Drive and

·         Application #2015-028 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit -

 

At 7:27 p.m., Chair Brinton called the public hearing to order.   Roll call was taken.         Chair Brinton read the legal notice for the public hearing and the notice of continuation.  Chair Brinton reviewed the complete application file.

 

The Commission held site visits on Sunday, December 13, 2015, and on Wednesday, December 30, 2015.

 

During the course of the public hearing, Chair Brinton noted that the Commission has received the following item relative to the subject application.  Exhibit identification was assigned as noted:

A.    Exhibit 1A – Letter from South Central Connecticut Regional Planning Commission, dated   November 16, 2015, Re:  Comments on review of proposal for subdivision located at 48 Mesa Drive.

 

 

 

 

B.     Exhibit 1B - Letter from Naugatuck Valley Council of Governments, dated November 9, 2015, Re:  Comments on review of proposed subdivision located at     48 Mesa Drive.

C.     Exhibit 1C - Letter from Bethany Conservation Commission, submitted      December 2, 2015, Re:  Comments on review of application for Clifford Drive Estates, 48 Mesa Drive.

D.    Exhibit 1D - Letter from Dave Nafis, Town Engineer, dated December 2, 2015,    Re:  Review of plans and specifications for Clifford Drive Estates, 48 Mesa Drive.

E.     Exhibit 1E - Letter from Quinnipiack Valley Health District, dated March 5, 2015, Re:  Comments on review of plans for proposed Clifford Drive Estates, Mesa Drive.

F.      Exhibit 1F - Copy of two photographs taken at site walk on December 30, 2015, submitted by Michael Calhoun, Commission Member, 48 Mesa Drive.

G.    Exhibit 1G – Submitted by Al Shepard, five green domestic return receipt cards to property owners within 500 feet.

H.    Exhibit 1H – Submitted by Al Shepard, two page copy of Subdivision bond estimate.

I.       Exhibit 1”I” – Submitted by ZEO, copy of memo from Isabel Kearns, ZEO, dated October 9, 2015, Re:  Review comments for Clifford Drive Estates, Woodward.

J.       Exhibit 1J – Submitted by Al Shepard, copy of letter to ZEO, dated February 26, 2015, Re:  Response to comments from ZEO in a letter dated October 29, 2014.

K.    Exhibit 1K – Submitted by ZEO, copy of memo from Isabel Kearns, ZEO, dated October 29, 2014, Re:  Review of Clifford Drive Estates, Woodward.

L.     Exhibit 1L – Read in hearing record, letter from Judith Smith of 34 Tawney Drive.

 

 

Present to speak on behalf of the applications were the following:

·         Attorney Paul Jessell of Slavin, Stauffacher & Scott, Watertown, CT.

·         Alan Shepard, P.E., and partner with the firm Nowakowski, O’Bymachow and Kane, Shelton, CT, representing the owner of record, Mr. James W. Woodward, Jr. who was also present.

 

First to speak was Attorney Paul Jessell.  In discussion, some items Attorney Jessell discussed were:

·         Applicant offering 20% fee in lieu of open space.

·         Received Inland Wetland approval in May 2014.

·         Boards of Selectmen have approved the road.

·         Will discuss with the Conservation Commission on Thursday, January 14, 2016, the interest in the remaining acreage.

 

Next to speak was Alan Shepard, P.E.  Mr. Shepard reviewed the proposed subdivision including drainage, the road, ledge outcropping, and the site grading.

 

Mr. Shepard submitted Exhibits G, H and J.

 

Mr. Shepard reviewed comments from the ZEO in letters dated October 29, 2014 and October 9, 2015.  Also, Mr. Shepard reviewed the letter from Nafis and Young dated December 2, 2015.

 

 

 

Hiram Peck, Planning Consultant, stated in terms of the fee in lieu of open space, who will do the appraisal?  This information should be submitted to the Commission for their review.  Also, Mr. Peck stated the record should be complete and include the Inland Wetlands Approval.  This information should be incorporated into the record file.

 

Mr. Shepard will revise plans to address comments from Nafis and Young letter dated December 2, 2015, and the ZEO’s comments and submit revised plans to the Commission for review.

 

Chair Brinton asked if anyone from the public would like to speak in favor of the application or against the application. 

 

The following individuals spoke: 

·         Judith Smith of 34 Tawney Drive. (submitted Exhibit 1L)

·         Cliff Skolnick of 60 Tawney Drive.

·         Mark Cullen of 69 Tawney Drive.

·         Helen Murphy of 67 Tawney Drive.

 

Also present to speak was Bruce Loomis, Chairman of the Conservation Commission.  Mr. Loomis stated the letter submitted December 2, 2015, Exhibit 1C, still stands.  Mr. Loomis mentioned that the Conservation Commission will work with the applicant, will fully support the fee in lieu of open space and will discuss the open space on other piece of land.

 

Michael Katzmark, Bethany Volunteer Fire Department Water Source Officer, stated there is a concern with the water source.  Mr. Katzmark would like the applicant to submit a complete package of the requirements and would like to be included in any future correspondence.

 

At 8:40 p.m., it was moved by Calhoun and seconded by Buchta to recess the public hearing and continue the public hearing to the next regular meeting scheduled for Wednesday, February 3, 2016, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall.

Voting for:  Brinton, Calhoun, Shea, Buchta, Lambiase.

Unanimous approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC HEARING

Four applications to be heard together:

·         33 Old Amity Road, Application #2015-020 submitted by Wayne Zirolli for Two New Use permits – Concrete Business and Sale of Earth Materials and Cement –

·         33 Old Amity Road, Application #2015-021 submitted by Wayne Zirolli for Site Development Plan/Commercial Development and a 6’ by 4’ freestanding sign –

·         33 Old Amity Road, Application #2015-022 submitted by Wayne Zirolli for Special Exception for Outside Storage of earth materials for sale and forms –

·         33 Old Amity Road, Application #2015-023 submitted by Wayne Zirolli for Special Exception for Earth Removal, Excavation, Filling, Stockpiling and Grading –

 

At 8:43p.m., Chair Brinton called the public hearing to order.   Roll call was taken.         Chair Brinton read the legal notice for the public hearing.  Chair Brinton reviewed the complete application files.

 

Chair Brinton stated she is property owner on Old Amity Road will not be prejudice towards these application.

 

During the course of the public hearing, Chair Brinton noted that the Commission has received the following item relative to the subject application.  Exhibit identification was assigned as noted:

A.    Exhibit 1A – Certificate of Mailing (3 pages), to property owners within 500 feet received from Manuel Preta for Applications #2015-020/021/022/023, 33 Old Amity Road, submitted December 8, 2015.

B.     Exhibit 1B  - Letter from Ray Pantalone, Tree Warden, dated November 4, 2015, Re:  Comments on review of plans for 33 Old Amity Road.

C.     Exhibit 1C  - Letter from Dave Nafis, Town Engineer, dated December 2, 2015, Re:  Comments on review of plans and specifications for 33 Old Amity Road.

D.    Exhibit 1D - Letter from Quinnipiack Valley Health District, dated December 2, 2015, Re:  Comments on review of Application #2015-020, 33 Old Amity Road.

E.     Exhibit 1E - Letter from Rod White, Fire Marshal, dated January 5, 2016, Re:  Comments on review of applications for 33 Old Amity Road.

F.      Exhibit 1F – Copy of letter from Diversified Technology Consultants to the Bethany Inland Wetlands Commission, dated December 28, 2015, Re:  Comments on review of application for 33 Old Amity Road.

 

Present to speak on behalf of these applications was Wayne Zirolli, P.E./L.S., representing the property owner Manuel Preta.

 

Mr. Zirolli reviewed the proposed construction and some items noted are:

·         This project will address numerous zoning violations on the property.

·         There will be four earth material bays.

·         Plans need to be revised to address Nafis and Young comments, dated December 2, 2015.

 

 

 

 

 

Chair Brinton asked if anyone from the public would like to speak in favor of the application or against the application.

 

The following individual spoke:

·         Dick Margolis, President of Green Haven Inc. located at 4 and 21 Meyers Road.  Concerned with traffic and hours of operation.

 

Michael Katzmark, Bethany Volunteer Fire Department Water Source Officer, stated the applicant needs to address the letter from Rod White dated January 5, 2016.  Also Mr. Katzmark mentioned the runoff of hazardous material into the wetlands and what hazardous materials will be stored in the proposed building (fire protection signage).

 

At 9:27 p.m., it was moved by Calhoun and seconded by Lambiase to recess the public hearing and continue the public hearing to the next regular meeting scheduled for Wednesday, February 3, 2016, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall.

Voting for:  Brinton, Calhoun, Shea, Buchta, Lambiase.

Unanimous approval.

 

 

·         304 Wooding Hill Road, Application #2015-026 submitted by Barbara Welker-Griggs for a Special Exception Permit for one rear lot –

 

At 9:29 p.m., Chair Brinton called the public hearing to order.   Roll call was taken.         Chair Brinton read the legal notice for the public hearing.  Chair Brinton reviewed the complete application file.

 

During the course of the public hearing, Chair Brinton noted that the Commission has received the following item relative to the subject application.  Exhibit identification was assigned as noted:

A.    Exhibit 1A – Letter Bethany Volunteer Fire Department, dated January 4, 2016, Re:  Comments on review of Application #2015-026 for 304 Wooding Hill Road.

B.     Exhibit 1B - Letter from Inland Wetlands Commission, dated January 6, 2016, Re:  Comments on review of proposal for 304 Wooding Hill Road.

C.     Exhibit 1C – Submitted by Isabel Kearns, ZEO, copy of Chronology of Events for 304 Wooding Hill Road, dated August 7, 2012.

D.    Exhibit 1D – Submitted by John Paul Garcia, copy entitled “Parcel A Legal Description of Access Easement”.

E.     Exhibit 1E – Submitted by John Paul Garcia, copy of letter to Isabel Kearns dated December 9, 2015, Re:  Addressing comments on ZEO letter dated November 23, 2015.

F.      Exhibit 1F – Submitted by ZEO, copy of review by ZEO of plan for 304 Wooding Hill Road, dated November 23, 2015.

 

Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant Barbara Welker Griggs, who was also present.

 

 

 

 

Mr. Garcia reviewed the proposal for the lot split to create a rear lot and reviewed the plans submitted.  Mr. Garcia also addressed the review comments of ZEO in a letter dated November 23, 2015 (Exhibit 1F). 

 

Some items noted by the Commission were:

o   The Commission did not receive comments or an approval from the Quinnipiack Valley Health District.

o   It was mentioned that there has been shooting on the property.

 

Barbara Welker Griggs, property owner, stated the property is for sale and is hoping it will be sold as one whole parcel.

 

Chair Brinton asked if anyone from the public would like to speak in favor of the application or against the application.  There were no comments.

 

At 9:49 p.m., it was moved by Calhoun and seconded by Buchta to recess the public hearing and continue the public hearing to the next regular meeting scheduled for Wednesday, February 3, 2016, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall.

Voting for:  Brinton, Calhoun, Shea, Buchta, Lambiase.

Unanimous approval.

 

 

NEW BUSINESS

 

1)      Discussion with Michael Katzmark, BVFD regarding the Subdivision Regulations Appendix #4 –

 

Michael Katzmark, Bethany Volunteer Fire Department Water Source Officer, reviewed the contradictions in the Zoning Regulations and the Subdivision Regulations.

 

 

OLD BUSINESS

 

1.      48 Mesa Drive, Application #2015-019 submitted by James Woodward for a five (5) Lot Subdivision – Public hearing adjourned and continued to February 3, 2016.  Tabled.

 

2.      48 Mesa Drive, Application #2015-028 submitted by James Woodward for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit – Public hearing adjourned and continued to February 3, 2016.  Tabled.

 

3.      33 Old Amity Road, Application #2015-020 submitted by Wayne Zirolli for Two New Use permits – Concrete Business and Sale of Earth Materials and Cement – Public hearing adjourned and continued to February 3, 2016.  Tabled.

 

4.      33 Old Amity Road, Application #2015-021 submitted by Wayne Zirolli for Site Development Plan/Commercial Development and a 6’ by 4’ freestanding sign – Public hearing adjourned and continued to February 3, 2016.  Tabled.

 

 

 

5.      33 Old Amity Road, Application #2015-022 submitted by Wayne Zirolli for Special Exception for Outside Storage of earth materials for sale and forms – Public hearing adjourned and continued to February 3, 2016.  Tabled.

 

6.      33 Old Amity Road, Application #2015-023 submitted by Wayne Zirolli for Special Exception for Earth Removal, Excavation, Filling, Stockpiling and Grading – Public hearing adjourned and continued to February 3, 2016.  Tabled.

 

7.      304 Wooding Hill Road, Application #2015-026 submitted by Barbara Welker-Griggs for a Special Exception Permit for One Rear Lot – Public hearing adjourned and continued to February 3, 2016.  Tabled.

 

8.      50 Hunters Trail, Application #2015-027 submitted by Luiza DaSilva for a Special Exception Permit for a Boarding Stable (Sun Gold Stables/Shannon Equine) – Public hearing scheduled for February 3, 2016.  Tabled.

 

9.      Discuss future Land Use Plan (possible insertion in Town Plan of Conservation & Development) – The Commission scheduled a Special Meeting for Wednesday,     January 20, 2016, at 7:00 p.m. to review the maps.  Tabled.

 

10.  Discussion regarding the rewriting of the current Zoning Regulations – Hiram Peck, Planning Consultant, distributed a copy entitled “Zoning Regulation Revisions, General/Overall Comments which he prepared from Commission members comments.  The Commission scheduled a Special Meeting for Wednesday, January 20, 2016 at    7:00 p.m. for a preliminary kickoff to start the discussion on the rewriting of the regulations. Tabled.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT – Tabled.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Buchta and seconded by Lambiase to adjourn the regular meeting at 10:21 p.m.

Voting for:  Brinton, Calhoun, Shea, Buchta, Lambiase.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission

 

Bethany Conservation Commission January 14, 2016 

Minutes (Unapproved)

 

Present: Bruce Loomis, Cathy Rives, Shaukat Khan, Matthew Popp, Patricia Winer

Absent: Brian Eitzer

Also Present: James Woodward; Paul Jessel, Attorney for Mr. Woodward; Mike Obymachow, Engineer for Mr. Woodward; Linda Francois, President of the Bethany Land Trust and other members of the Land Trust

 

Bruce opened the meeting at 8:09.

 

Patricia Winer was appointed to vote in place of Brian Eitzer

 

Bruce gave a brief history of the applicant's (Mr. Woodward's) relationship with The Conservation Commission with respect to the Mesa Drive property. The applicant had previously offered a fee in lieu of open space on 17 acres to be developed as five lots. Bruce reminded the Commission that based on the subdivision regulations the open space set-aside should be on the total 82 acres of property.

 

The applicant then explained the areas he now proposes to offer as open space. This would include a trail that would lead off Mesa Drive and would open out, ending at the discontinued Northrup Road. He would withdraw the previous offer of a fee in lieu, but the new proposal would include about 36 acres of open space. They will draw up a site plan showing the areas to be reserved as open space as part of their pending application before Planning and Zoning, and when they have something more concrete to put before the Conservation Commission they will ask for a special meeting.

 

Linda Francois expressed concern about access to Northrup Rd. which has been abandoned. Bruce will ask Isabel Kearns to research the status of the road and access to it.

 

Cathy Rives moved to approve minutes of the December meeting. Bruce Loomis seconded. Those present at that meeting voted in favor, and the minutes were approved.

 

There were no bills or correspondence.

 

Scenic Roads: Bruce suggested writing another letter to the selectmen but said that he was not ready to formulate this now.

 

Yellow striping on roads: Matthew Popp has tried to contact Crisco. Bruce has tried to contact the Woodbridge Public Works Department through Cyndi Pecca, but he has not heard back. Woodbridge is doing the double striping. We would like to avoid this in the future for scenic roads.

 

Rewrite of Planning and Zoning Regulations: Bruce asked if there was anything we wanted to suggest they deal with, such as free-standing solar installations or wind turbines.

 

At 9:14 the Commission entered executive session to discuss Conservationist of the Year. At 9:22 we exited executive session. No votes were taken.

 

Rid Litter Day: It was agreed we would not do anything officially as a group but that we would take part as individuals.

 

Shaukat Khan moved to adjourn at 9:25. Patricia Winer seconded. Unanimous approval.

 

Respectfully submitted, Patricia Winer, Secretary Pro Tem

BOARD OF SELECTMEN

DECEMBER 21, 2015

Page 1 of 3

DRAFT

 

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

Visitors:  Attorney Kevin McSherry, Fran Doba, Robert McSherry

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

APPROVAL OF MINUTES

November 10, 2015:  A motion of approval was moved by Selectman Hurlburt to approve the minutes of the meeting.  Selectman Shea seconded the motion.  The vote for approval was two yes votes and one abstention that of Selectman Shea as he was absent from that meeting.

TAX REFUNDS

Selectman Shea moved to refund to Connecticut Branches the sum of $1,949.21 for overpayment of taxes.  Selectman Hurlburt seconded the motion.  The vote taken was unanimous.

LOCAL CAPITAL ROAD PLAN

A motion was moved by Selectman Hurlburt and seconded by Selectman Shea to accept the LOCIP Road Plan for fiscal year 2014-2016.  The following roads were accepted for the LOCIP Road Plan for fiscal year 2014-201:  Downs Road, Schaffer Road and Peck Road.  The vote taken was unanimous. 

TROOPE I CLOSING

First Selectwoman Gorski reported that the State of Connecticut Legislature has decided against the closing of Troop I at this time.  The suggested closing was part of the Governor’s plan to reduce the State budget deficit. 

CORRESPONDENCE

Correspondence was received from Ryan Buford asking permission to trap on Town property.  After a discussion regarding this matter it was determined that the Selectmen did not want to have anyone trapping on Town owner property because of the liability. J

MEYERS ROAD

First Selectwoman Gorski did some research on the environmental impact using millings to regrade Meyers Road.  Some of the residents living on this road had complained about the millings, as they thought it was against the rural road ordinance to put them on this rural dirt road.  The findings were that there is no environmental impact. 

 

 

EXECUTIVE SESSION

At 7:45 p.m. Selectman Shea moved to go into Executive Session and to invite Robert McSherry and Attorney McSherry to stay for the session.  Selectman Hurlburt seconded the motion.  The vote taken was unanimous.   At 8:10 p.m. Selectman Hurlburt moved to exit the executive session.  Selectman Shea seconded the motion.  The vote taken was unanimous.

 After exiting the session Selectman Shea moved to authorize the First Selectwoman to negotiate and enter into a lease agreement with Channel 8 to allow the Bethany Volunteer Fire Department to place a communications antenna on their tower.  Selectman Hurlburt seconded the motion.  The vote taken was unanimous.

A motion was moved by Selectman Hurlburt for First Selectwoman Derrylyn Gorski to authorize and enter into a letter of intent with Paul Zito, to complete RFP for radio system for the Bethany Volunteer Fire Department and authorize Paul Zito to be retained for evaluation of the RFP subject to Bethany Volunteer Fire Department approval with price not to exceed $5,000.  The motion was seconded by Selectman Shea.  The vote taken was unanimous.

ADJOURNMENT

Adjournment was called at 8:15 p.m. after a motion was moved by Selectman Shea and seconded by Selectman Hurlburt.  The vote taken was unanimous.

 

                                                                                                Respectfully submitted,

                                                                                               

June G. Riley

                                                                                                Secretary, Board of Selectmen

 

 

 

 

 

BOARD OF SELECTMEN

JANUARY 25, 2016

Page 1 of 1     

 

DRAFT

 

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

Visitors:  Attorney Kevin McSherry, Mathew Kirschbaum, Mark Kirschbaum, Fran Doba

First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 8:20 p.m.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.

APPROVAL OF MINUTES

First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of January 11, 2016.  The motion was moved by Selectman Hurlburt and seconded by Selectman Shea.  The minutes were approved on a unanimous vote.

TAX REFUNDS

Selectman Shea moved to refund to Kyle Bramley the sum of $52.56, to SFM Storage, LLC the sum of $30.00 and to Timothy S. MacRae the sum of $15.21, all for overpayment of taxes.  The motion was seconded by Selectman Hurlburt.  The vote taken was unanimous.

EAGLE SCOUT PROJECT

Mathew Kirschbaum was present to review with the Selectmen the Eagle Scout project he would like to do at Veterans Memorial Park.  Near the playground at the park he would like to build a structure 12 x 16 for shelter from the sun for individuals who are watching children at the playground.  Mathew had a picture of what the shelter would look like.  The Selectmen all agreed this would be a good project.  They referred him to the Building and Land Use Departments for proper authorization.

CORRESPONDENCE

Bruce Loomis forwarded to First Selectwoman Gorski details about a new program to dispose of mattresses for the Recycling Center at no cost to the Town.  Bruce will have more information for the next meeting of the Board of Selectmen.

Trash Master has notified First Selectwoman Gorski of their offer to extend the present contract until June 30, 2017 at the current price. 

ADJOURNMENT

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

 

                                                                                                                Respectfully submitted,

                                                                                                                June G. Riley

                                                                                                                Srecretary, Board of Selectmen

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, JANUARY 25, 2016                                              Page 1 of 6

 

The regular meeting of the Inland Wetlands Commission was called to order at 7:32 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

         Roger Hathaway, Member

         Nancy Scanlon, Alternate Member, seated as a voting member

 

The following members of the Commission were absent:

         Lisa Gaw, Member

         Brian Smith, Member

 

Also present was:

         Isabel Kearns, Inland Wetlands Enforcement Officer

 

 

NEW BUSINESS

 

1)      Discussion regarding Raccio Drive – Proposal from Diversified Technology Consultants –

 

Chair Breslin stated that herself, Member Sullivan and Andy Bevilacqua from Diversified Technology Consultants meet in the field at Raccio Drive.  Mr. Bevilacqua issued a report and Chair Breslin would like to make recommendations to the Public Works Department how to handle drainage at Raccio Drive.  Tabled.

 

 

2)      Preliminary discussion with John Paul Garcia regarding 10 Northrop Road – Cease and Desist

 

Present for this discussion was John Paul Garcia, P.E./L.S.    Mr. Garcia noted that the property is under a Cease and Desist Order.

 

Mr. Garcia submitted a plan entitled, “Zoning Location Survey”, dated November 5, 2015, with no revisions, and reviewed with Commission members.

 

The Commission reviewed the email from Michael Klein, PWS, Soil Scientist, Professional Wetland Scientist, dated August 23, 2015.  The Commission noted that Mr. Garcia has submitted Item #1 – survey of existing conditions and #2 – site plan prepared by engineer listed in the email dated August 23, 2015.  The Commission would like Mr. Garcia to address Item #3 – a restoration/remediation plan, #4 – a soil erosion and sediment control plan and Item #5 – and itemized estimate of the cost of the proposed work.

 

Mr. Garcia will report back to the Commission at the next regular meeting on February 22, 2016.

Tabled.

 

 

OLD BUSINESS

 

1.      99 Round Hill Road, Application #1254 submitted by Hunter Freeman for an Inland Wetlands Permit to construct a driveway –

 

Present to speak on behalf of this application was Alan Shepard, P.E., of Nowakowski, O’Bymachow and Kane, representing the Freemans’. 

 

Also in attendance was Peter Sulkis, Intervener, from 81 Round Hill Road.

 

Mr. Shepard prepared and submitted a letter dated January 5, 2016, addressing the comments from Diversified Technology Consultants letter dated December 28, 2015, along with revised plans entitled:

·         “Overall Site Plan”, dated September 11, 2014, revised to January 5, 2016.

·         “Septic Plan”, dated September 11, 2014, revised to January 5, 2016.

·         “Driveway Detail Plan”, dated September 11, 2014, revised to January 5, 2016.

·         “Driveway Drainage Cross-Section”, dated September 11, 2014, revised January 5, 2016.

·         “Sight Line Profile”, dated September 11, 2014, revised to January 5, 2016.

 

The Commission received a letter dated January 22, 2016, from Diversified Technology Consultants, Re:  Comments on review of revised plans dated to January 5, 2016.

 

The Commission would like Mr. Shepard to submit for review a proposed maintenance agreement and a proposed bond for erosion and control measures.

 

Mr. Shepard submitted a letter of consent to extension of 30 days to act on said application, dated January 25, 2016.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, February 22, 2016.  Tabled.

 

 

2.      33 Old Amity Road, Application #1257 submitted by Manuel Preta for an IW Permit for a modification to Permit #1241 to change size of building –

 

Present to speak on behalf of this application was Wayne Zirolli, P.E., representing the applicant Manuel Preta, who was also present.

 

The Commission received copies from Aquatek Labs, Woodbridge, CT, for property located at 33 Old Amity Road, the following reports regarding the fill that was deposited on property:

a)      SPLP Metals Analysis Report, dated January 14, 2016.

b)      Extractable Total Petroleum Hydrocarbons-Analysis Report, dated January 8, 2016.

c)      Metals Analysis Report, dated January 8, 2016.

d)     Semi-Volatile Organic Compounds-Analysis Report, dated January 8, 2016.

 

 

Also, the Commission received a letter from Diversified Technology Consultants, dated January 22, 2016, Re:  Comments on review of revised plans dated to January 12, 2016.

 

Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Hathaway to approve Application #1257 submitted by Manuel Preta to modify Permit #1241 to change size of proposed building to  80 feet by 170 feet in accordance with the following submitted plans prepared by Wayne J. Zirolli, P.E./L.S. Engineering & Surveying, Litchfield, Connecticut:

a)      “Site Plan”, dated July 13, 2015, revised to January 12, 2016, Drawing No. SP-1.

b)      “Erosion & Sediment Control Plan”, dated October 1, 2015, revised to January 12, 2016, Drawing No. ESP-1.

c)      “Landscaping Plan”, dated July 13, 2015, revised to January 12, 2016, Drawing     No. LP-1.

d)     “Site Lighting Plan”, dated October 1, 2016, revised to December 1, 2015, Drawing No. SLP-1.

e)      “Site Plan Details & Notes” dated January 12, 2016, revised to January 12, 2016, Drawing No. DP-1.

 

In addition, this permit is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:

a)      Original Permit #1241 shall remain in place.

b)      On sheet SP-1 under project narrative that the last paragraph be deleted and replaced with a paragraph that states “All vehicle and equipment maintenance shall be performed inside the proposed building.  No oil or fluid changes shall be performed onsite.  Proper and adequate spill containment and clean-up materials shall be available at all times.  Secondary containment shall be provided for all fuel, oil and other chemicals.  All fuel, oil and chemicals shall be stored inside.”

 

Based on these plans and the conditions there should be minimal or no adverse impact to the onsite wetlands or offsite wetlands and watercourse.

Vote 4 to 0.

Voting were:  Breslin, Sullivan, Hathaway, Scanlon.

Unanimous approval.

 

 

3.      Continue Show Cause Hearing regarding Cease and Desist Order, dated       October 21, 2014, to Mrs. Bitina Patel of 10 Northrop Road, extension of patio, stonewall along the pond, waterfall and clear cutting of trees within the 150-foot upland review area without permit – Tabled.

 

 

4.      Revisit site in November the continue discussion regarding road and overland run-off across 37 Hilltop Road (DeCesare) down to Route 69 -  Tabled.

 

 

 

 

 

 

5.      Discussion regarding Bethany West clearing.  (Letter from Roman Mrozinski of the

Southwest Conservation District) – Tabled.

 

6.      185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn –

Tabled.

 

 

APPROVAL OF MINUTES

 

The minutes for the Regular Meeting of November 30, 2015 and December 29, 2015, were tabled. 

 

 

BILLS

 

1.      It was moved by Sullivan and seconded by Scanlon to approve the payment of an invoice dated January 18, 2016, from Diversified Technology Consultants, Hamden, Connecticut for $992.71 for professional services through December 26, 2015 – 33 Old Amity Road.

Voting were:  Breslin, Sullivan, Hathaway, Scanlon.

Unanimous approval.

 

2.      It was moved by Sullivan and seconded by Scanlon to approve the payment of an invoice dated January 18, 2016, from Diversified Technology Consultants, Hamden, Connecticut for $470.00 for professional services through December 26, 2015 – 99 Round Hill Road.

Voting were:  Breslin, Sullivan, Hathaway, Scanlon

Unanimous approval.

 

 

CORRESPONDENCE

 

1)      Letter from Alan Shepard of NOK Land Surveying & Engineering to Diversified Technology Consultants, dated January 5, 2016, Re:  Response to comments in DTC letter dated December 28, 2015, for 99 Round Hill Road.

2)      Copies from Aquatek Labs, Woodbridge, CT, for property located at 33 Old Amity Road, the following reports:

e)      SPLP Metals Analysis Report, dated January 14, 2016.

f)       Extractable Total Petroleum Hydrocarbons-Analysis Report, dated January 8, 2016.

g)      Metals Analysis Report, dated January 8, 2016.

h)      Semi-Volatile Organic Compounds-Analysis Report, dated January 8, 2016.

3)      Letter from DEEP to Connecticut Water Company, dated January 8, 2016, Re:  Long Hill Reservoir Dam, Bethany, Safety Inspection report and maintenance work to be completed.

 

 

 

 

 

 

 

ENFORCEMENT OFFICER REPORTS AND APPROPRIATE COMMISSION ACTION -

 

SCHEDULE SITE VISIT –  None.

 

 

OTHER BUSINESS

 

The Commission discussed having an informal meeting for strategic planning.   Also, Chair Breslin mentioned visiting the Bethany Bog and the Long Hill Reservoir Dam on Connecticut Water Company property.  No dates were scheduled.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Sullivan

and seconded by Hathaway to adjourn the regular meeting at 8:52 p.m.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Inland Wetlands Commission