Monday, August 18, 2014


ANNUAL TOWN MEETING & ANNUAL BUDGET MEETING

MAY 19, 2014

 

            The meeting was called to order at 7:15.  First Selectwoman Derrylyn Gorski was absent from the meeting.  Aileen Magda, Selectwoman called the meeting to order at 7:15 p.m.   There were approximately 80 in attendance.  Selectwoman Magda called for nominations from the floor for a Moderator.  A motion to nominate William Blake was made by F. Doba and duly seconded by S. Huyser.  There were no other nominations.

 

            Moderator Blake welcomed everyone to the meeting and announced that the town budget will be going to referendum as decided by the Board of Selectmen.  Items 1 – 19 will not be voted on tonight but will be voted at a S.T.M. after the referendum passes to approve the budget.  

 

Carol Goldberg, 5 No. Humiston Dr – explained that the Board of Selectmen voted to go to referendum.  If the budget passes a S.T.M. will be held to vote on the capitol items.  If it does not pass, it will go back to the Board of Finance for consideration.

 

John Grabowski, 182 Russell Rd - Chairman of Bd. of Finance – We removed the overall appropriation from discussion tonight.  The individual capitol items are normally discussed at this meeting but will be discussed at a S.T.M. after the budget passes.

 

Selectwoman Magda stated that they voted to go to referendum to give more townspeople a chance to vote.  Otherwise, just the people in this room tonight can vote on the budget.  We wanted to expand it to everyone in town.  Town Counsel McSherry stated that items can be removed from the call of the meeting if the Selectmen so wish.

 

Fran Doba, 980 Amity Rd – Ass’t. Tax Collector – what happens if the budget does not pass?  What happens if the tax bills have been printed and sent out?  Town Counsel McSherry stated that it would be based on last year’s budget – one bill based on the first part of the year. The second half is recalculated once you have an approved budget.   Another alternative would be to do a bond but didn’t recommend it.

 

Chris Pittenger, 98 Farm View Rd –Bd. of Ed member - Can capitol items be voted or disapproved at S.T.M?  Grabowski - The overall budget will not be up for debate but the individual capitol items will be?  Yes.

 

Item (1) on call – RESOLVED:   that the recommendations of the Board of Finance upon the Budget for fiscal year beginning July 1, 2014 amounting to $22,691,004  be, and hereby are accepted and approved.  Not voted.

 

Item (2) on call – RESOLVED:  that the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of  $72,053 for the second of three payments of a lease purchase for a dump truck by the Board of Selectmen for the Highway Department.  Not voted.

 

Item (3) on call – RESOLVED:  that the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of  $65,683 for the third of three payments of a lease purchase for a 5 yard dump truck  by the Board of Selectmen for the Highway Department.  Not voted.

 

 Item (4) on call – RESOLVED:  that the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of  $46,678 for the third of three payments of a lease purchase for a back hoe by the Board of Selectmen for the Highway Department.  Not voted.

 

Item (5) on call – RESOLVED:  that the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of   $67,000 for the purchase of a mason dump truck by the Board of Selectmen for the Highway Department. Not voted.

 

Item (6) on call – RESOLVED:  that the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of  $20,000  by the Board of Selectmen for a fence and gate across the field and roadway in the rear of Bethany Town Hall. Not voted.

 

Item (7) on call – RESOLVED:  that the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of  $13,365 for dog park fencing by the Board of Selectmen.  Not voted.

 

Item (8) on call – RESOLVED:  that the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of  $10,000 for new doors and hardware at the Bethany Community School by the Board of Education.  Not voted.

 

Item (9) on call – RESOLVED:  that the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $20,000 for the replacement of Annex III lighting and new ceiling at Bethany Community School by the Board of Education.  Not voted.

 

Item 10) on call – RESOLVED:  that the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $15,000 for painting at the Bethany Community School by the Board of Education.  Not voted.

 

Item (11) on call - RESOLVED:  that the Selectmen be, and hereby are authorized  to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $15,000 for bullet resistant glass at the Bethany Community School by the Board of Education.

Not voted.

 

Item (12) on call - RESOLVED:  that  the Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $10,000 for the replacement of playscape at the Bethany Community School by the Board of Education.  Not voted.

 

Item (13) on call –  RESOLVED: that the Board of Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $10,000 for the second of two payments of a lease purchase for the replacement of school furniture for the Bethany Community School by the Board of Education.  Not voted.

 

Item (14) on call – RESOLVED:   that the Board of Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $22,000 for the second of three payments of a lease purchase for security cameras for the Bethany Community School by the Board of Education.  Not voted.

 

 Item (15) on call – RESOLVED:  that the Board of Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $15,500 for the second of three payments of a lease purchase for wireless infrastructure at the Bethany Community School by the Board of Education. Not voted.

 

Item (16) on call – RESOLVED:  that the Board of Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $25,000 for rebuilding of pump on engine 81 by the Bethany Volunteer Fire Department.

Not voted.

 

Item (17) on call – RESOLVED:  that the Board of Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $11,000 for the purchase of a thermo imaging camera by the Bethany Volunteer Fire Department.  Not voted.

 

 

Item (18) on call – RESOLVED:  that the Board of Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $10,000 for a website for the Town of Bethany by the Board of Selectmen.  Not voted.

 

Item (19) on call – RESOLVED:  that the Board of Selectmen be, and hereby are authorized to expend from the Reserve Fund for Capital and Non-recurring Expenditures an amount up to the sum of $100,000 to the Land Acquisition Fund by the Board of Selectmen. Not voted.

 

Item (20) on call – RESOLVED:  that the Board of Finance be, and hereby are authorized to transfer up to $70,000 from unexpended line item accounts and the General Fund to the Public Works budget.  A motion was duly moved and seconded to move the resolution to a vote.

 

John Garcia, 190 Fairwood Rd – Bd. of Ed member – what are we talking about in over expended items?  That is a general statement.  Grabowski - $35,000 is for snow and ice removal; the other possible $35,000 is for contracted services – road repairs, tree removal and trimming - $7,000 for emergency tree removal 

 

Pittenger - What fraction is from unexpended line items and what fraction is from general fund?  Bob Brinton, 68 Knollwood Rd -Bd. of Finance member stated that that is unknown at this point.

 

 

Don Shea, 48 Deerfield La - Selectman – has Bd. of Finance been made aware of the overage or has it come up recently?  Why not ask for the money as needed or stop cutting the trees down. 

 

Grabowski – we knew for some time that it would be an issue.  In some cases it was necessary to do the cutting.

 

Alan Green, 583 Carrington Rd – Highway Foreman - many trees posed a threat to the general public.  I get phone calls daily.  Five years ago I asked for funds from the contingency and the Bd. of Finance asked how many trees.  We spent two weeks counting trees from Rte 63 to the Hamden town line was approximately 500 trees and then Rte. 63 to the west side were approximately another 500 - 1,000 trees in all.  Road work needed to be done, as well as some trees had to come down.

 

Magda – Anything over $5,000 has to go out to bid.  If it’s an emergency we have to take it down but this was week after week.  We should be able to look at the individual department budgets and see if there is an issue.  How is that being addressed?

 

Grabowski stated that the biggest challenge was the technology support system over the past few months.  We in fact needed to make our own spread sheets. When I first started the support system was solid. Now we need to look at another system because of lack of support through IMG; they have sold out and since, the service has gone down.  We are in the process of looking at different systems.  Some are very expensive.  Quick Books is being considered.  We would like to switch over by July 1.

 

Pat Stewart, 79 Meyers Rd – suggested that Trees Inc. has done a great job throughout the town, however, felt there should be more supervision.

 

There were no further comments.  Overwhelming yeas.  Approved.

 

The Moderator asked whether to dispense the reading of the resolutions.  A comment was made that what is being read by the Moderator is different from what was sent to the households.

 

Sharon Huxley, 340 Old Mill Rd – Bd. of Finance member stated that if there is a discrepancy in the wording we wouldn’t know given that what we have is different from what the Moderator is reading.

 

Garcia – if the resolutions are not read we do not know if the wording is correct.  My understanding is that some of the items in Resolution (22) are incorrect.

 

The vote taken to dispense reading the resolutions was overwhelming nays.  The resolutions will be read.

 

Item (21) on call -  RESOLVED:  that the Town Meeting of the Town of Bethany hereby approves the Board of Selectmen’s appointment of Alexandra Breslin, of 91 Sperry Road,  Bethany, Connecticut, as its member of the Regional Policy Board of the South Central Regional Water Authority for a three-year term beginning July 1, 2014 and expiring June 30, 2017.  A motion was duly moved and seconded to move the resolution to a vote.

 

The Moderator stated that the Bd. of Selectmen have made the appointment and the purpose of the resolution is to affirm it.

 

There were no comments. Unanimous.  Approved.

 

Item (22) on call –  Be it resolved that the Code of the Town of Bethany Building Construction Chapter 114 – 7C Fees be amended as proposed by Robert Walsh, building inspector, as follows:

a(a) Residential Mechanical Permits shall be $50.00 for the first thousand dollars of the job cost and increase $10 for every thousand dollars thereafter.

b(a) Residential Building permits shall be $50.00 for the first thousand dollars of job cost and increase $14.00 for every thousand dollars thereafter. * See amendment below.

c(a) Commercial Building & Mechanical permits shall be $50.00 for the first thousand dollars of job cost and increase $23.00 for every thousand dollars thereafter.  ** See amendment below.

d(b)Certificate of Occupancy fees shall increase to $40.00 for Residential work.

e(c) Certificate of occupancy fees shall increase to $60.00 for Commercial work. 

f(d) Certificate of Approval fees for Residential and Commercial shall be established at $25.00 (new).

 

All work that does not require a Certificate of Occupancy shall require a Certificate of Approval.

 

Robert Walsh, Building Official stated that (a) (a) should be amended to read  *Residential.

 

There was a motion made, duly seconded to amend the resolution.  Unanimous.  Approved.

 

Kristine Sullivan, 783 Amity Rd – IWC Vice chr – Commercial building permit is its own and should say **Commercial Building & Mechanical permits…(3rd a)

 

Bruce Loomis, 11 Sabrina Dr – Connservation Comm Chr – this was obviously poorly written and incorrectly numbered.  I would respectfully suggest that all motions and amendments be withdrawn, rewritten and resubmitted.

 

Alexsandra Breslin, 91 Sperry Rd – IWC Chr - asked that (a) (a) (a) be given separate letter categories to avoid confusion.  A motion was made and duly seconded to amend (Commercial Building and Mechanical) and separate the items in Resolution #22 to read a, b, c, d, e, f…

 

Sullivan – Commented that if already charging a fee - should not be another $25 for a Certificate of Approval.  (No vote taken on this comment)

 

All in favor as amended overwhelming yeas. Approved.  See bold print above.

 

Item (23) on call –Be it resolved that the Code of the Town of Bethany Chapter 184.9 A. (2) be amended to double the tax credit allowed for the schedule commencing on the grand list of October 1, 2013.  A motion was duly moved and seconded to approve the resolution.

 

Russell von Beren, 134 Wooding Hill Rd – what is it now and what is it going to be?  Magda - currently $35,000 and will be doubled to $70,000.

 

James Stirling, 20 Miller Rd- Amity BOE – in favor of increases.  Are there any other categories of residents?  No.

 

Matthew Kichar, 638 Bethmour Rd – We are falling behind other towns.  Senior citizens pay their taxes over the years and are being neglected.  Seniors tell me all the time I can’t afford to lease a new car. They’re driving a car 15 years old and they want to stay in Bethany.  I personally believe their choice of a car should be tax free. I would like to see it amended and going forward take care of our senior citizens.

 

Doba - what does it mean in lost revenue to the town and in tax increases to residents? 

 

Grabowski stated that it won’t affect the revenue but it will affect the mil rate.  It comes out to roughly $24 to the average taxpayer.

 

There were no further comments. Unanimous.  Approved.

 

Item (24) on call - ARTICLE I.          LAND USE-RELATED APPLICATIONS

§ 129-1.           Fee schedule established.

 

Pursuant to Section 8-1c of the Connecticut General Statutes, the following schedule of fees

shall pertain to the processing of applications by the Planning and Zoning Commission, the Zoning Board of Appeals, and the Inland Wetlands and Watercourses Commission, and the Zoning Enforcement Officer; and such fees shall be paid at the time the application is filed:

 

NOTE: Any non-ordinary specifically required consultant review fees, Engineering, Special Counsel and/or Planning or other similar special Consultant fees required by the Commission are in addition to these fees and must be paid prior to signing of mylar map, filing of map or ZEO issuance of permit as may be applicable.

 

A.        Zoning permit for zoning approval of construction:

1.         Residence or residential property:

a.         New construction:

            (1)By ZEO: One hundred twenty five dollars ($125)

            (2) By Commission: One hundred fifty dollars ($150)

b.         Addition:

(1)        By ZEO: Seventy five dollars ($75)

(2)        by Commission One hundred dollars ($100)

c.         Modification to existing, valid permit:

(1)        By ZEO: Fifty dollars ($50)

(2)        By Commission: One hundred dollars ($100)

d.         Site Plan Review:

(1)        By ZEO: One hundred seventy five dollars ($175)

(2)        By Commission: Two hundred dollars ($200)

 

2.         Business or business property:

a.         New construction:

(1)        By ZEO: Two hundred twenty five dollars ($225)

(2)        By Commission:  Two hundred fifty dollars ($250)

 

b.         Addition:

(1)        By ZEO: One hundred twenty five dollars ($125)

(2)        By Commission:  One hundred fifty dollars ($150)

c.         Modification to existing, valid permit:

(1)        By ZEO: One hundred twenty five dollars ($125)

(2)        By Commission: One hundred fifty dollars ($150)

d.         Site Plan Review:

(1)        By ZEO: Three hundred twenty five ($325)

(2)        By Commission: Three hundred fifty dollars ($350)

e.         Change of use:

(1)        By ZEO: One hundred twenty five dollars ($125)

(2)        By Commission: One hundred fifty dollars ($150) 

 

B.        Special Exception permit, with required public hearing: Three hundred dollars *($350)

 

C.        Subdivision:

1.         Per lot fee for subdivision without public hearing:  Three hundred dollars ($300)

2.         Per lot fee for subdivision or re-subdivision with public hearing: Three hundred fifty         dollars ($350)

3.         Special Exception rear lot; application fee, with public hearing: Three hundred fifty           dollars ($350)

4.         Per lot fee for special exception rear lot: One hundred fifty dollars ($150)

5.         New road review fee, per 100 feet or any portion thereof: One hundred dollars ($100)

 

D.        Zoning change:

1.         Text change (each): Five hundred fifty dollars: ($550)

2.         Map change (each): Five hundred seventy five dollars: ($575)

 

E.         Home occupation, professional office, or roadside stand permit: Seventy five dollars         ($75)

F.         Certificate of Zoning Compliance:

1.         Residential: Fifty dollars ($50)

2.         Business: Seventy five dollars ($75)

 

G.        Sign Permit: Fifty dollars **($75)

H.        Temporary sign or other permit: ($50)

I.          Hearing petition: Three hundred fifty dollars ($350)

 

J.          Earth removal:

1.         Administrative permit: Three hundred dollars ($300)

2.         Special Exception permit, requires public hearing: Five hundred fifty dollars ($550)

K.        Flood Hazard Area permit: Two hundred fifty dollars ($250)

L.         Hearing fee, if not included above: Three hundred fifty dollars ($350)

M.        Zoning Board of Appeals applications with required public hearing: Three hundred fifty   dollars ($350)

 

N.        Inland Wetlands and Watercourses Commission applications

            (NOT ADDRESSED IN THIS DOCUMENT)

 

State of Connecticut Land Use Application Fee shall be in addition to the above stated fees. This fee shall be applied as required by the Connecticut General Statutes.

 

A motion was made and duly seconded to amend (B) from three hundred to *three hundred fifty and (G) from fifty to **seventy-five.  Unanimous. Approved.

 

Irma Nesson, 50 Oak Ridge Dr - how much has each item increased?   Isabel Kearns, ZEO - fees by commission $50 other fees $25.

 

Garcia – Item (1) should be clarified.  What are the fees?  Should it say as specified elsewhere?

 

Kevin McSherry, Town Counsel – the commission has the ability on a case by case basis to hire an engineer to do work and that applicant is required to pay that particular fee.

 

Sullivan – it states must be paid prior to filing of mylar but if there is no approval then no mylar signed.  I have issue with that paragraph.  It doesn’t explain the process, whether money should be given back to the applicant.  It needs more clarification. This paragraph does not say what it should say.   I make a motion to table this item. 

 

A motion was made and duly seconded to Table Resolution #24.  The vote taken was unanimous in favor.  Tabled.

 

Item (25) on call - Be it resolved: that the Town of Bethany shall pay to the Municipal Employees Retirement System the sum of $39,781.00 in order to complete the Town’s obligation to commence the pension for the public works employees effective July 1, 2005. In 2005, the Town of Bethany appropriated the sum of $82,769.00 and paid to MERS the sum of $51,000.00 upon acceptance into the MERS system on or about July 1, 2007. The remaining $31,769.00 was returned to the general fund awaiting the calculation from MERS for the initial two years from July 1, 2005 to June 30, 2007.  MERS has completed the calculation for the time period July 1, 2005 to June 30, 2007 and that calculation results in the payment of the aforementioned $39,781.00 of which $31,769.00 had been previously estimated to be the cost for the first two years of the pension plan.  A motion was made and duly seconded to approve the resolution.

 

There was a motion made and duly seconded in favor of the resolution. Unanimous.  Approved.

 

Item (26) on call - BE IT RESOLVED: that the Town of Bethany appropriate an amount not to exceed $131,062.00 for the one time premium payment for the purposes of selling MIRMA ‘s entire business portfolio to Safety National Insurance Company and thereby, eliminating any future assessments from MIRMA.  A motion was made and duly seconded to move the resolution to a vote.

 

Ruth Beardsley, 820 Litchfield Tpke – please explain.  Grabowski - It is an insurance company that has gone out.  It is an insurance cooperative that we were part of.  Janet Brunwin, 333 Downs Rd asked if it is coming from the general fund.  Yes.  Not part of operating budget.

 

There were no further comments.  Overwhelming yeas.  Approved.

 

Item (27) on call - RESOLVED:  that the (Board) of Selectmen be, and hereby are authorized and empowered to enter into agreements on behalf and in the name of the Town of Bethany with the Department of Transportation of the State of Connecticut for the expenditure of funds available to the Town of Bethany during the 2013-14 (2014-15) fiscal year for the maintenance, repair and the building of roads.  A motion was made and duly seconded to move the resolution.

 

Anna McDonnell, 5 Rowe Ct – Shouldn’t it be Board of Selectmen?  Esposito - should it be 2014-15 also.  Motion made to make two amendments.  Unanimous approval.

 

Item (28) on call - RESOLVED:  that the reports of the Town Officers, Boards and Commissions for the fiscal year ending June 30, 2013 as contained in the printed 2012-13 Annual Town Report be accepted and ordered filed.

 

No comments.  Unanimous.  Approved.

 

Item (29) on call – Other matters proper to come before the meeting. 

 

Richard Barnes, 534 Bethmour Rd - Why is the fee for residents and businesses different?  Residents $125, businesses $225.  People are struggling to make a few bucks.  Fees should be the same.  I also have a comment that people please speak up at the meeting so that everyone can hear.

 

Roger Hathaway, 350 Amity Rd – you are not availing people of the opportunity to express themselves.  We wanted to put the capitol items in but what we are here to discuss we can’t do at referendum.  Magda - it is to give people the opportunity to vote on the budget.

 

Pittenger  - Why have a referendum for the people who didn’t hear the dialogue?  This is our form of government.

 

Magda suggested a reverse 911call to get the word out.

 

Moderator Blake stated that June 2 is the date to be discussed for the referendum.  A motion was made and duly seconded to move the date to a vote.

 

Pittenger – concerned about the consequences if voted down. 

 

von Beren – More towns in the state are now going to referendum.  People ask why are taxes going up and other questions.  I am in favor of a referendum

 

B. Bachenheimer, 57 Ralph Rd – is there time for absentees?  Yes.

 

Chip Spear, 38 Johnson Rd – Bd. of Finance member – after discussion about dates stated that June 2 be used for logistical reasons. 

 

Breslin – Can this legislative body deny that?  McSherry - Once Selectmen move an item be removed from the call then it must go to referendum. 

 

Sullivan – “horrified by entire process”.  This used to be a town where everyone got together.  It has disintegrated.  I would like to see this town work for the good of the town and we are not.  I think the money for a referendum is wasteful and could be better spent.

 

Doba - what if every date is voted down?  McSherry - The Bd. of Selectmen will set the date.

 

Barnes - Sounds good to have a referendum but those who are not here have missed out on the discussion.

 

Thomas Hunt, 809 Carrington Rd – my opinion is it will not pass and we will run out of time before the tax bills are due to go out.

 

Nesson - If you care about the town then you will get to the town meeting and vote.

 

Loomis – not first time going to referendum.  Maybe we should change our form of government.  I am not in favor of that but it should be one way or the other.

 

Motion made and duly seconded to go to referendum on June 2.  Overwhelming yeas.  Approved.

 

John Grabowski, Chm Bd of Finance – stated that revenues increased by $50,000.  We voted to double the senior tax credit so the new mil rate is 34.8, a 4.5 % increase with an average of $370 per tax bill.

 

There were no further questions or comments.  A motion was made and duly seconded to adjourn the meeting.  The meeting adjourned at 9:20 p.m.

 

                                                                                    Respectfully submitted,

 

 

 

                                                                                    Nancy A. McCarthy, CMC

                                                                                    Bethany Town Clerk

Friday, August 8, 2014


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, AUGUST 6, 2014                                               Page 1 of 12
 
 
 
 
The regular meeting of the Planning and Zoning Commission was called to order at 7:03 p.m. in the Commission Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

The following Commission Members were present:

            Kimberly McClure Brinton, Chairman

            Michael Calhoun, Member

            Douglas Goldner, Member

            Michael Sullivan, Member

            Donna Shea, Alternate Member

            Bradford Buchta, Alternate Member, seated as a Regular Member

            James Gugliotti, Alternate Member

 

Also present were:

            Hiram Peck, Planning Consultant

            Isabel Kearns, Zoning Enforcement Officer

 

 

APPROVAL OF MINUTES

            

1.      It was moved by Sullivan and seconded by Calhoun to approve as amended the minutes of the July 2, 2014, Regular Meeting as follows:

·         Page 3, Second Paragraph, First Bullet – Reads “These application will create ……” Change to “These applications will create …..”.

·         Page 3, Last Paragraph – Reads “Mr. Grieger …..” Change to “Mr. Rieger ……”.

·         Page 10, Fourth Paragraph, Second Sentence – Reads “Mrs. Vernik also stated the Quinnipiack Valley Health District sited …..” Change to “Mrs. Vernik also stated the Quinnipiack Valley Health District cited …..”.

      Voting for:  Brinton, Calhoun, Goldner, Sullivan, Buchta.

      Unanimous approval.

 

 

BILLS

 

1.      It was moved by Calhoun and seconded by Sullivan to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for July 2014, by Hiram W. Peck III, AICP, Planning Consultant.

      Voting for:  Brinton, Calhoun, Goldner, Sullivan, Buchta.

      Unanimous approval.

 

2.      It was moved by Buchta and seconded by Calhoun to approve the payment of $105.00 for recording services rendered at the public hearing held on July 2, 2014, (378 Bethmour Road) by Anne Sohon.

Voting were:  Brinton, Calhoun, Goldner, Sullivan, Buchta.

Unanimous approval.

 

 

3.      It was moved by Sullivan and seconded by Buchta to approve the payment of $105.00 for recording services rendered at the public hearing held on August 6, 2014, (Zoning Amendment, 980 Amity Road, 90 Pole Hill Road) by John McLeod.

Voting were:  Brinton, Calhoun, Goldner, Sullivan, Buchta.

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from South Central Connecticut Regional Planning Commission, dated July 11, 2014, Re:  Review comments on proposed zoning regulation amendment to repeal Section 9-A, Housing Opportunity Development.

2.      Letter from Valley Council of Governments Regional Planning Commission, dated July 23, 2014, Re:  Review comments on proposed zoning regulation amendment to repeal       

Section 9-A, Housing Opportunity Development.

3.      Letter from Derrylyn Gorski, First Selectman, dated June 30, 2014, Re:  Request to the Planning and Zoning Commission to conduct a Section 8-24 Review for the proposed Community Garden located at 90 Pole Hill Road.

4.      Email from Michael Katzmark, BVFD Water Source Officer, dated July 30, 2014, Re:  Comments on review of plans for community garden located at 90 Pole Hill Road.

5.      Letter from Quinnipiack Valley Health District, dated July 14, 2014, Re:  Comments on review of application for 90 Pole Hill Road, community garden with attached six sheets on “Growing & Eating Fruits and Vegetable Safely”.

6.      Letter from Anthony Vallillo, dated July 16, 2014, Re:  Request for an extension of 90 days to file the mylar for the 4-lot resubdivision located at 788 Amity Road.

7.      Inland Wetlands Permit #1223, approved on July 28, 2014, for 63 Sargent Drive, Bill and Wendy Grieger (property owners), for a site plan for a storage building.

8.      Letter from Brendan Rieger, dated July 14, 2014, Re:  Requesting withdrawal of Application #2014-023 for 87 Old Amity Road.

9.      Memo from Hiram Peck, Planning Consultant, to Zoning Board of Appeals, dated July 6, 2013, Re:  87 Old Amity Road, location for car dealership.

10.  Memo from Hiram Peck, Planning Consultant dated July 27, 2014, Re:  Question regarding application for Place of Public Assembly in the B&I Zone (87 Old Amity Road).

11.  Letter from Isabel Kearns, ZEO, to Mr. & Mrs. Wilbert Fogg, owners of 165 Fairwood Road, dated July 18, 2014, Re:  Notice of Violation, tenants locating a pool without permit.

 

 

PUBLICATIONS AND WORKSHOPS

 

1.      Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Summer 2014.

2.      Connecticut Conference of Municipalities, 2014 Annual Convention, October 21, 2014, Hartford, Connecticut.




 

ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

 

Isabel Kearns, ZEO, reported on the following:

  • 10 Round Hill Road – Received variance from Zoning Board of Appeals and will be submitting an application to Inland Wetlands Commission.
  • 33 Russell Road – Have been working with property owner and he is paying professionals to help him come to a resolution.
  • 234 Amity Road (Surrey Brook Preschool) – Received a complaint that classes with children were being held in barn.  Building official will be visiting the site and Ms. Kearns will follow-up.
  • Submitted copy of building permits for the month of May, June, and July, 2014.

 

 

PUBLIC HEARING

 

·         Proposed Bethany Zoning Regulation Amendment to repeal Section 9A – Housing Opportunity Development of the Bethany Zoning Regulations

 

Roll call was conducted.

 

At 7:20 p.m., Chair Brinton read the call for the public hearing.  Chair Brinton reviewed the complete application file.

 

Chair Brinton read the list of correspondence that has been received as follows:

·         Letter from South Central Connecticut Regional Planning Commission, dated July 11, 2014, Re:  Review comments on proposed zoning regulation amendment to repeal Section 9-A, Housing Opportunity Development.

·         Letter from Valley Council of Governments Regional Planning Commission, dated July 23, 2014, Re:  Review comments on proposed zoning regulation amendment to repeal       

Section 9-A, Housing Opportunity Development.

 

Hiram Peck, Planning Consultant, stated that the purpose of this appeal of Section 9A is because of the Section 9B just being adopted for the same piece of property and having these two Sections would be redundant and a conflict.  Mr. Peck stated it was the recommendation of Peter Olson, Counsel at the time, and himself to repeal Section 9A.

 

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

 

At 7:26 p.m., it was moved by Calhoun and seconded by Buchta to close the public hearing on the subject application.

 

 

 

 

·         980 Amity Road, Application #2014-025 submitted by Frances Doba for a Special Exception Permit for an Accessory Apartment

 

At 7:27 p.m., Chair Brinton read the call for the public hearing.  Chair Brinton reviewed the complete application file.

 

Isabel Kearns, ZEO, stated the application meets the requirements for square footage for an accessory apartment.

 

Present to speak on behalf of this application was Fran Doba, applicant and owner of record.  Mrs. Doba briefly reviewed the proposed project and noted:

  • The in-law apartment was used by her in-laws and then her son.
  • Would like to rent out to one or two adults.
  • This is an after-the-fact permit.

 

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

 

At 7:30 p.m., it was moved by Sullivan and seconded by Calhoun to close the public hearing on the subject application.

 

 

·         90 Pole Hill Road, Application #2014-027 submitted by the Town of Bethany for a C.G.S. Section 8-24 Review – Community Garden

 

The Commission received an email, dated August 6, 2014, from MaryEllen Unger, Chair of the Bethany Community Garden Committee, withdrawing the application for the proposed community garden.

 

 

·         90 Pole Hill Road, Application #2014-026 submitted by Bethany Community Garden Club for a Special Exception Permit for a Community Garden

 

The Commission received an email, dated August 6, 2014, from MaryEllen Unger, Chair of the Bethany Community Garden Committee, withdrawing the application for the proposed community garden.

 

 

 

 

 

 

 

 

 

 

NEW BUSINESS

 

1.      Discussion regarding vacant member position on the Planning and Zoning Commission –

It was moved by Calhoun and seconded by Sullivan to nominate Brad Buchta, Alternate Member, for the vacant Regular Member position.

 

It was moved by Goldner and seconded by Brinton to nominate Donna Shea, Alternate Member, for the vacant Regular Member Position.

 

It was moved by Sullivan and seconded by Calhoun to close nominations for the vacant Regular Member Position.

 

Hiram Peck, Planning Consultant, recommended the Commission leave the nominations and hold off on voting so that he can contact Town Attorney with questions.  Tabled.

 

 

2.      Discussion regarding letter from Anthony Vallillo, dated July 16, 2014, Requesting a 90-day extension to file the mylar for the approved 4-Lot Subdivision located at         788 Amity Road –

 

The Commission received a letter from Anthony Vallillo, dated July 16, 2014, Re:  Request for an extension of 90 days to file the mylar for the 4-lot resubdivision located at 788 Amity Road.  Commission members proceeded to deliberate.

 

It was moved by Buchta and seconded by Sullivan to approve the request from Anthony Vallillo in a letter dated July 16, 2014, for a request of a 90-day extension of time for the filing of the mylar map for the Four-lot Resubdivision located at 788 Amity Road.  This extension period expires November 26, 2014.

Unanimous approval.

 

 

3.      Discussion with Cheryl and Ronald Vernik of 44 Northrop Road and Paul Silva of 46 Northrop Road regarding ongoing issues with 48 Northrop Road –

 

Present for this discussion were Cheryl and Ronald Vernik of 44 Northrop Road and Paul Silva of 46 Northrop Road.

 

The Vernik’s submitted a packet with photographs of the property at 48 Northrop Road.

 

Some concerns mentioned by the neighbors were:

o   Wells downhill from where cars are parked.

o   Fence that was installed considered a structure. Does the fence satisfy the requirements in the Zoning Regulations?

o   Dumpster for horse manure not covered.

 

Isabel Kearns, ZEO, submitted a packet of the Chronology of Events.  Ms. Kearns mentioned John Laudano, Quinnipiack Valley Health District Representative did visit the site and sent email stating the property owner satisfied the requirements of QVHD.

 

Hiram Peck, Planning Consultant, recommended the following:

o   Need to determine if this property would be considered a junkyard with the help of DMV.

o   Need to investigate health concerns with QVHD.

o   Need to determine if fence is a structure or not.

o   The Commission should schedule a site visit and make a final determination at the next meeting on September 3, 2014.

 

4.      Discussion with Mary Scinto of 48 Northrop Road regarding 44 and 46 Northrop Road –

 

Present for this discussion of Mary Scinto of 48 Northrop Road.

 

Mrs. Scinto expressed her concerns as follows:

o   QVHD has visited our property and did not give us any violation notices.

o   Being harassed by neighbors.

o   Did work with the ZEO to be in compliance with zoning regulations when decided to have horses.

o   Welcomed the Commission to visit her property.

 

The Commission scheduled a site visit for Wednesday, September 3, 2014, at 6:00 p.m. to visit 44, 46 and 48 Northrop Road.  Tabled.

 

5.      To take place at end of meeting – Executive Session – Matters in litigation –

 

At 9:20 p.m., it was moved by Sullivan and seconded by Buchta for the Commission to enter into an executive session regarding matters in litigation, inviting Hiram Peck, Planning Consultant to join in that executive session.

Unanimous approval.

 

At 9:36 p.m., it was moved by Sullivan and seconded by Buchta for the Commission to exit out of executive session.

Unanimous approval.

 

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

 

 

 

 

 

 

6.      To take place at end of meeting – Executive Session – Personnel matters –

 

At 9:36 p.m., it was moved by Sullivan and seconded by Buchta for the Commission to enter into an executive session regarding personnel matters, inviting Hiram Peck, Planning Consultant to join in that executive session.

 

Unanimous approval.

 

At 10:04 p.m., it was moved by Sullivan and seconded by Buchta for the Commission to exit out of executive session.

Unanimous approval.

 

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

 

 

OLD BUSINESS

 

1)      63 Sargent Drive, Application #2014-021 submitted by Bill and Wendy Grieger for a Site Plan for storage building –

 

Present to speak on behalf of this application was Bill and Wendy Grieger, applicant and owner of record.

 

The Commission received Inland Wetlands Permit #1223, approved on July 28, 2014, for         63 Sargent Drive, Bill and Wendy Grieger (property owners), for a site plan for a storage building.

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.

 

It was moved by Calhoun and seconded by Sullivan to approve the following resolution for Application #2014-021:

 

Whereas, Mr. & Mrs. William Grieger, owner of Bethany Heavy Equipment Storage, applied on July 2, 2014, to the Bethany Planning and Zoning Commission for Site Plan Approval to construct a 60-foot by 150-foot building and associated site work located at 63 Sargent Drive;

 

Whereas, the Commission, at its regular meetings of August 6, 2014, considered the maps, narrative, testimony and other pertinent information relating to a request for Site Plan Approval;

 

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

1)                  The Planning and Zoning Commission received a letter from John Laudano, Quinnipiack Valley Health District Representative, dated June 16, 2014, in which he states that he reviewed the proposed site plan and approves the design of the septic system as shown on Sheets C-1 – C-5 last revised June 9, 2014.  Also Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on June 18, 2014, stating “See attached letter.”

2)                  The Planning & Zoning Commission is in receipt of Permit #1223 approved on July 28, 2014 from the Inland Wetlands Commission for a site plan for a storage building.

3)                  Rod White, Fire Marshal signed off on the back of the application form on  June 5, 2014, indicating his approval;

4)                  In an e-mail dated June 24, 2014 Ronald Walters, representative of South Central Connecticut Regional Water Authority, stated that “A reduction in the size of the building would not change our comment letter.  Our previous comment letter is acceptable for the revised plan.”

 

Now Therefore Be It Resolved, that pursuant to Section5.2.A. of the Bethany Zoning Regulations, amended to June 4, 2014, the Bethany Planning and Zoning Commission approves the Site Plan in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:

a.       “Proposed Site Plan”, dated February 12, 2012, revised to June 9, 2014, Drawing   No. C-1.

b.      “Proposed Septic Plan”, dated November 12, 2012, revised to June 9, 2014, Drawing No. C-2.

c.       “Erosion Control Plan”, dated November 12, 2012, revised to June 9, 2014, Drawing No. C-3.

d.      “Drainage Plan”, dated November 12, 2012, revised to June 9, 2014, Drawing        No. C-4.

e.       “Typical Details”, dated February 21, 2012, revised to June 9, 2014, Drawing        No. C-5.

 

And with the following conditions:

 

1)      Bond and surety for the erosion and sedimentation controls must be received in an amount acceptable to Town Engineer and in a form acceptable to Town Counsel prior to commencement of work.

2)      New Use and tenant fit-out permits must be received prior to the occupancy of any of the units, EVEN if they are just for storage. 

Vote 5 to 0.

Voting for:  Brinton, Calhoun, Goldner, Sullivan, Buchta.

Unanimous approval.

 

 

 

 

 

 

2)      87 Old Amity Road, Application #2014-023 submitted by Brendan Rieger for a Change Of Use to a music studio and rehearsal space –

 

The Commission received a letter from Brendan Rieger, dated July 14, 2014, Re:  Requesting withdrawal of Application #2014-023 for 87 Old Amity Road.

 

It was moved by Buchta and seconded by Sullivan to accept Brendan Reiger letter dated July 14, 2014, to withdraw application.

 

The Commission received a memo from Hiram Peck, Planning Consultant dated July 27, 2014, Re:  Question regarding application for Place of Public Assembly in the B&I Zone (87 Old Amity Road), which included a regulation amendment.  Commission will include this amendment with the zoning regulation amendments previously discussed and include in tentative public hearing date of November 5, 2014.

 

 

3)      696 Amity Road, Units 5 and 6, Application #2014-024 submitted by Orlando Skaarva for a Change of Use to a convenience store –

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.

 

It was moved by Calhoun and seconded by Sullivan to approve the following resolution for Application #2014-024:

 

Whereas, Orlando Skaarva applied on July 2, 2014, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate a convenience store located at 696 Amity Road, Units 5A and 6A;

 

Whereas, in a letter dated June 26, 2014, Theresa Laudadio authorized Orlando Skaarva to apply for the necessary land-use permits to operate a convenience store located at 696 Amity Road, Units 5A and 6A;

 

Whereas, the Commission, at its regular meeting of August 6, 2014, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to operate a convenience store located at 696 Amity Road, Units 5A and 6A;

 

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 July 16, 2014, indicating his approval.  He stated that there is a 160 GPD waste water discharge maximum.

2)                  Rod White, Fire Marshal, signed off on the back of the application form on June 30, 2014, indicating his approval.

3)                  The Commission received a letter dated July 2, 2014 from Ron Walters of the South Central Connecticut Regional Water Authority in which he states that he has no comments.

 

Now Therefore Be It Resolved that pursuant to Section 5.5.A of the Bethany Zoning Regulations, amended to July 1, 2014, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate a convenience store located at 696 Amity Road, Units 5A and 6A (2014-  024, as presented in the application, statement of use and testimony and with the following condition:

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.

Vote 5 to 0.

Voting for:  Brinton, Calhoun, Goldner, Sullivan, Buchta.

Unanimous approval.

 

4)      Proposed Bethany Zoning Regulation Amendment to repeal Section 9A – Housing Opportunity Development of the Bethany Zoning Regulations –

 

It was moved by Buchta and seconded by Calhoun to approve the adoption of the amendment to the Bethany Zoning Regulations to repeal Section 9A – Housing Opportunity Development, effective August 15, 2014.

Vote 5 to 0.

Voting for:  Brinton, Calhoun, Goldner, Sullivan, Buchta.

Unanimous approval.

 

 

5)      980 Amity Road, Application #2014-025 submitted by Frances Doba for a Special Exception for an Accessory Apartment –

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Calhoun to approve the following resolution for Application #2014-025:

 

Whereas, Frances Doba applied to the Commission on July 2, 2014, for a Special Exception Permit for an after-the-fact accessory apartment with 685 square feet of floor area above the attached garage at 980 Amity Road;

 

Whereas, the Planning and Zoning Commission opened a public hearing on Application   #2014-025 for an after-the-fact accessory apartment at 980 Amity Road on August 6, 2014.  Said hearing was closed at the conclusion of testimony that same evening;

 

Now Therefore, the Planning and Zoning Commission makes the following findings of fact and decisions regarding the application:

 

  1. Alexis Rinaldi, Quinnipiack Valley Health District representative, signed off on the back of the application form on July 31, 2014, indicating her approval. 
  2. Roderick White, Fire Marshal, signed off on the back of the application form indicating his approval on July 29, 2014.  However, he noted that smoke and carbon monoxide detectors are required.
  3. The Planning & Zoning Commission received an email from Cindy Gaudino of the Connecticut Water Company, dated July 28, 2014, stating she has no concerns.
  4. The application and Statement of Use dated July 1, 2014, demonstrates that the proposed accessory apartment would contain only 685 square feet of living space, and the Town of Bethany Zoning Regulations allows a maximum of 700 square feet of living space.
  5. The Planning and Zoning Commission finds that the Special Exception Permit Application for an after-the-fact accessory apartment at 980 Amity Road complies with Section 4.4.J. of the Bethany Zoning Regulations and satisfies the intent of the Regulations, as it is wholly contained within the existing home.

 

Now Therefore Be It Resolved, that pursuant to Section 4.4.J. of the Bethany Zoning Regulations, amended to July 1, 2014, the Bethany Planning and Zoning Commission approves the application of Frances Doba for a Special Exception for a 685 square foot accessory apartment (#2014-025) as shown on the floor plan submitted July 1, 2014, and as per the statement of use dated July 1, 2014;          

 

And with the following conditions:

 

1)                 The owner of the property shall provide to the Commission an annual affidavit, due prior to occupancy of the apartment and during the month of January each year, to the effect that the accessory apartment continues to be in full compliance with Section 4.4.J. of the Bethany Zoning Regulations.

2)                 Smoke and carbon monoxide detectors are required by the Fire Marshal.

3)                 An after-the-fact building permit must be received by the building official to assure that the apartment complies with all building codes.

Vote 5 to 0.

Voting for:  Brinton, Calhoun, Goldner, Sullivan, Buchta.

Unanimous approval.

 

6)      90 Pole Hill Road, Application #2014-027 submitted by Town of Bethany for a C.G.S. Section 8-24 Review – Community Garden –  Application withdrawn.

 

 

7)      90 Pole Hill Road, Application #2014-026 submitted by Bethany Community Garden Club to build a community garden –  Application withdrawn.

 

 

 

 

8)      Discussion with Marc D’Andrea  regarding outside storage at 860 Carrington Road –

 

Present for this discussion was Marc D’Andrea owner of 860 Carrington Road.  Mr. D’Andrea noted the following:

·         Outside storage he has is temporary as used on jobs.

·         Trying to come in compliance with the zoning regulations and be able to maximize the use of his property.

·         If business grows, will need to expand and possibly add another building.

 

Hiram Peck, Planning Consultant, asked Mr. D’Andrea to draw on map what is currently being used for storage.  If you would like expand, would possibly have to go to Zoning Board of Appeals and show lot is nonconforming and that it is a hardship.  Mr. Peck will work with      Mr. D’Andrea.  Tabled.

 

9)      Continue discussion and possible action to set public hearing date regarding proposed amendments to the Zoning Regulations on accessory buildings, signage for larger parcels, home occupation permits, etc.  – Hiram Peck, Planning Consultant, will put together a packet with all the proposed amendments.  Tabled.

 

10)  Continue discussion on Village Districts  - Hiram Peck, Planning Consultant, shared information he acquired on grant.  Tabled.

 

 

OTHER BUSINESS

 

The Commission briefly discussed HomeConnecticut, a partnership for communities.

 

 

There being no further business to come before the Commission, it was moved by Calhoun and seconded by Goldner to adjourn the regular meeting at10:04 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

For the Planning and Zoning Commission