Tuesday, August 30, 2016


Bethany Conservation Commission
August 11, 2016
Unapproved Minutes
 
  1. The meeting was called to order at 8:10 by Bruce Loomis.  Also in attendance were Brian Eitzer, Cathy Rives, and Patsy Winer. Absent were Shaukat Kahn and Matthew Popp.
 
  1. Patsy moved and Brian seconded approval of the minutes of the July 14 meeting.  The motion passed.
 
  1. Bruce informed the commission that the winner of this year’s conservation awards from the Bethany Community School were Johnathan Fortin and Oliva Frankiewicz.
 
  1. There was a discussion of a proposed two lot subdivision at 591 Amity Road.  After a review of the proposal Brian moved and Patsy seconded a motion that the Conservation Commission would ask for a fee in lieu of open space for this subdivision.  The motion passed.  Bruce stated he would send a letter to P&Z with our request.
  2. There was a discussion of the Conservationist of the Year timeline.  The forms should be in the town hall by the end of December.  It should be advertised in the Bethany Bulletins in Jan. and Feb.  (requires submission by 12/15/16 and 1/15/17).  Start promoting it in the Orange Milford Bulletin in Jan. 2017 (weekly Friday submissions).  There will be a submission deadline of Feb. 28, with a preliminary discussion of the award at the March 9 Commission meeting and a final decision at the April 13 meeting.
  3. There was a discussion of the Conservation Commissions budget and the Conservation and Recycling Commission budget.  The CC has been under budget for several years and the suggestion was made that we may want to use the extra amount allotted to us to purchase recycling bins for town events or ask for more money to be used for those bins.
  4. The trail issue between Miller and Bear Hill Roads was tabled.
  5. There was a discussion of weather the CC should man a table at the Harvest Festival.  No decision was made though it was suggested that we may want to prepare a brochure about land donations/easements for open space to hand out if we were to man a table.
  6. Kathy moved to adjourn at 8:55, Bruce seconded and the motion passed.
 
Respectfully submitted,
 
Brian Eitzer
Secretary pro-tempore

BOARD OF SELECTMEN
AUGUST 8, 2016

Page 1 of
3
DRAFT
Attendance:  First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Clark Hurlburt
Visitors:  Colleen Murray, Francis Doba, Shawn Uscilla, Robert McSherry, Attorney Kevin McSherry
First Selectwoman Gorski opened the meeting of the Board of Selectmen with the Pledge of Allegiance at 7:30 p.m.  The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall.
WAIVE BID FOR SCHOOL BUS ROUTE FOR BETHANY BOARD OF EDUCATION
Colleen Murray, Superintendent of Bethany Elementary School was present to request a waiving of the bid process for a school bus route for the Elementary School.  The owner operator retired leaving a route open.  Since there are only two other owner/operators the route was offered to one of them.  They refused the offer.  The Board of Education would like to award the contract to B & B Bus Company since they are already providing bus service to the Amity Schools.  Selectman Shea questioned whether he should vote since his wife works for B & B Bus Company.  The other Selectmen agreed this was not a conflict of interest.  Following discussion a motion was moved by Selectman Hurlburt and seconded by Selectman Shea to award the contract to B & B Bus Company.  The vote taken was unanimous.
AWARDING OF BID FOR FIRE TRUCK
Robert McSherry and Sean Uscilla were present to make a recommendation to the Selectmen for awarding of the bid for the new fire truck.  After a careful study of the two bids received, they made the following recommendations to award the bid to Rosenbauer New England as their bid was $573,350.  The motion to accept the recommendation of Robert and Sean and to award the bid to Rosenbaer New England was moved by Selectman Shea and seconded by Selectman Hurlburt. The motion was unanimously approved.   If the cab and chassis portion is paid for in advance for $241,000, there will be a discount of $11, 000.  The firemen are requesting that the difference between the cost of the fire truck and the Capital appropriation be used for extra equipment with the approval of the Selectmen. No vote was taken on this matter at this meeting. 
APPROVAL OF MINUTES
First Selectwoman Gorski called for approval of the minutes of the meeting of June 27, 2016.  The motion was moved by Selectman Shea and seconded by Selectman Hurlburt.  The minutes were unanimously approved without change.
First Selectwoman Gorski called for approval of the minutes of the meeting of June 30, 2016.  The motion was moved by Selectman Hurlburt and seconded by Selectman Shea.  The minutes were unanimously approved without change.
First Selectwoman Gorski called for approval of the minutes of the meeting of July 5, 2016.  The motion was moved by Selectman Hurlburt and seconded by Selectman Shea.  The minutes were then accepted on a vote of two yes votes and one abstention that of Selectman Hurlburt as he was absent from that meeting.
First Selectwoman Gorski called for approval of the minutes of the meeting of July 7, 2016.  The motion of approval was moved Selectman Hurlburt and seconded by Selectman Shea.  The vote was called.  There were two votes to approve as written.  First Selectwoman Gorski abstained from voting as she was absent from that meeting.
BOWEN TAX PROBLEM
The Selectmen discussed briefly the complaint of William Bowen regarding the legal fees charged for his tax lien by the town’s tax attorney.  Since Mr. Bowen was to have attended this meeting with his attorney and didn’t, the Board of Selectmen moved to table the discussion.
TAX DEFERRAL
Ellen Papciak has requested a tax deferral for the first half of the 2016-17 fiscal year taxes.  The Selectmen reviewed the recommendation of David Forman, Tax Collector for this request.  After discussion the motion was moved by Selectman Shea to defer the taxes of Ellen Papciak per the recommendation of David Forman.  Selectman Hurlburt seconded the motion.  The motion was unanimously approved.
TAX REFUNDS
Selectman Hurlburt moved to refund to Jan Kershner the sum of $99.75, to Joan Jackson the sum of $60.63, to Mary or William Blake the sum of $43.66, Miles or Kimberly Ahrens the sum of $261.28, to Richard Asarisi the sum of $72.92, to Robert J. Kellher the sum of $41.39, to Concetta Nappi the sum of $32.31, to Eric and Deborah Demander the sum of $254.61, to Donald Parrott the sum of $111.82 and to C & D Bethany Properties, LLC the sum of $48.99 all for overpayment of taxes.  The motion was seconded by Selectman Shea.  The vote taken was unanimous.
WAIVE BIDDING PROCESS FOR COMPUTER WIRING
The Selectmen discussed waiving the bid process for the Town Hall computer re-wiring.  The Town received two quotes for this work. The bid specifications had been placed on the State of Connecticut web site.  The firewall can’t be upgraded until this wiring is completed.  Kevin Keller the IT person from Amity High School reviewed the bids and recommended Mercury Casting System.  The wiring will require 54 drops to accommodate all Town Hall computer sites. Mercury Casting System is used by CCAT which is involved with the Nutmeg Network.  After discussion Selectman Hurlburt moved to waive the bidding process and award the bid to Mercury Casting System.  Selectman Shea seconded the motion.  The motion was unanimously approved. 
APPOINTMENTS TO BOARDS AND COMMISSIONS
First Selectwoman Gorski called for a motion to re-appoint Raymond Pantalone as the Town Tree Warden.  Selectman Shea moved the motion.  Selectman Hurlburt seconded the motion.  The vote taken was unanimous.
First Selectwoman Gorski called for a motion to re-appoint Jeanne DelVecchio as Human Services and Agent to the Elderly Director.  The motion was moved by Selectman Hurlburt and seconded by Selectman Shea.  The vote taken was unanimous.
OTHER
First Selectwoman Gorski reported that the closing had taken place today between the Town of Bethany and the Carrington Family, for the Carrington (Cherry Tree Farm) Conveyance of Development Rights and deed signing.
ADJOURNMENT
Adjournment was called at 7:55 p.m. after a motion was moved by Selectman Shea and seconded by Selectman Hurlburt.  The motion was unanimously approved.
 
                                                                                                Respectfully submitted,
                                                                                               
                                                                                                June G. Riley
                                                                                                Secretary, Board of Selectmen
 
 
 
 



MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF W
The regular meeting of the Planning and Zoning Commission was called to order at          7:05 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, Chairman
            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, seated as a voting member
 
The following Commission Members were absent:
            Michael Sullivan, Vice-Chairman
            Michael Calhoun, Member
            Doug Goldner, Member
 
Also present were:
             Hiram Peck, Planning Consultant
             Isabel Kearns, Zoning Enforcement Officer
 
 
APPROVAL OF MINUTES
             
  1. It was moved by Shea and seconded by Lambiase to approve, as submitted, the minutes of the July 6, 2016, Regular Meeting.
    Voting for:  Brinton, Shea, Lambiase, Buchta, McDonald.
Unanimous approval.
 
 
BILLS
 
  1. It was moved by Buchta and seconded by Lambiase to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for June 2016, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for:  Brinton, Shea, Lambiase, Buchta, McDonald.
Unanimous approval.
 
  1. It was moved by McDonald and seconded by Buchta to approve the payment of $4,173.50 for services rendered by Peter Olson, Special Counseling from February 25, 2016, to July 8, 2016 for 4 Peck Road – Sakonchick.
      Voting for:  Brinton, Shea, Lambiase, Buchta, McDonald.
      Unanimous approval.
 
 
 
 
 
 
 
 
 
GENERAL CORRESPONDENCE
 
  1. Memo from Isabel Kearns, ZEO, dated April 18, 2016, Re:  Review of plans for          591 Amity Road Resubdivision.
  2. Letter from Ray Pantalone, Tree Warden, dated July 27, 2016, Re:  Driveways for the Resubdivision of 591 Amity Road.
  3. Email from Isabel Kearns, ZEO, to Derek Iwaszkiewicz, dated July 12, 2016,               Re:  43 Atwater Road, Selective Tree Clearing.
 
 
PUBLICATIONS AND WORKSHOPS
 
  1. Connecticut Federation of Planning and Zoning Agencies, Quarterly Newsletter, Summer 2016.
     
     
    NEW BUSINESS
     
  1. 696 Amity Road, Unit GL-6, Application #2016-011 submitted by Timothy Drozdz for a Business Change of Use – Tea Business (Jani Tea) –
     
The Commission formally received the application.   Present to speak on behalf of this application was Timothy Drozdz, applicant.
.
Isabel Kearns, ZEO, stated the applicant would like to start a business packaging tea. 
 
Mr. Drozdz stated he will be starting the business and will be the only employee.               Mr. Drozdz also stated he would be getting tea from suppliers from other countries then packaging the tea under his business name and selling online.  Mr. Drozdz stated there will be no retail and will be selling the tea online only and opening business in October or November of 2016.
 
Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.
 
It was moved by Shea and seconded by Lambiase to approve the following resolution for Application #2016-011:
 
Whereas, Timothy Drozdz applied on August 3, 2016, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate Jani Tea from Unit GL-6 located at     696 Amity Road;
 
Whereas, Taro, LLC/Brian Botti, owner of Unit GL-6 located at 696 Amity Road, authorized Timothy Drozdz to apply to the Commission for the Change of Use Permit in an e-mail dated July 13, 2016;
 
 
 
 
 
 
Whereas, the Commission, at its regular meeting of August 3, 2016, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Business Change of Use Permit to operate Jani Tea, which includes the packaging of teas, sourcing from suppliers and packaging into own items in Unit GL-6 located at 696 Amity Road;
 
Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;
 
Now Therefore the Commission makes the following findings of fact:
  1. Lynn Fox, representative from Quinnipiack Valley Health District, signed off on the back of the application form on July 13, 2016, indicating her approval.  However, she commented that there should be no retail and only one employee.
  2. Rod White, Fire Marshal, signed off on the back of the application form on August 3, 2016, indicating his approval and commenting: “May need new tenant fit out permit.  All fire and building codes to be followed.  Inspection prior to C.O.”
  3. The Commission received a letter dated July 15, 2016, from Ronald Walters of the South Central Connecticut Regional Water Authority, in which he states that he has no comment.
     
    Now Therefore Be It Resolved, that pursuant to Section 5.5.A. of the Bethany Zoning Regulations, amended to October 30, 2015, the Bethany Planning and Zoning Commission, approves the Business Change of Use Permit to operate Jani Tea in Unit GL-6 located at   696 Amity Road (2016-011), as presented in the application, statement of use and testimony with the following conditions:
  1. A building permit for an interior fit up must be approved by the Building Official prior to any renovations to or occupancy of the building.
  2. The Fire Marshal must sign off prior to a certificate of occupancy.
    Voting for:  Brinton, Shea, Lambiase, Buchta, McDonald.
Unanimous approval.
 
 
  1. 696 Amity Road, Unit GL-4, Application #2016-012 submitted by Jonathan Stafford for a Business Change of Use – Guitar Shop (Killerburst Guitars LLC) –
     
The Commission formally received the application.  No one was present to speak on behalf of this application.
 
Isabel Kearns, ZEO, stated the applicant has not received Quinnipiack Valley Health District approval at this time and the Commission should table this item until the next regular meeting on September 7, 2016.  Tabled.
 
 
 
 
 
 
 
 
 
  1. 591 Amity Road, Application #2016-013 submitted by Tammy Ronan for a Two-lot Resubdivision, waiver request for the provision of open space and waiver request for water source for fire protection –
     
The Commission formally received the application.  No one was present to speak on behalf of this application.
 
Isabel Kearns, ZEO, recommended the Commission schedule a public hearing date for this application.
 
It was moved by Lambiase and seconded by Shea to schedule a public hearing date of Wednesday, September 7, 2016, at 7:15 p.m. in the Commission Meeting Room of the Bethany Town Hall, for Application #2016-013 submitted by Tammy Ronan for a Two-lot Resubdivision, waiver request for the provision of open space and waiver request for water source for fire protection.
Voting for:  Brinton, Shea, Lambiase, Buchta, McDonald.
Unanimous approval.
 
 
OLD BUSINESS
 
  1. Discuss future Land Use Plan (possible insertion in Town Plan of Conservation & Development) – Tabled.
     
  2. Discussion regarding the rewriting of the current Zoning Regulations –
 
Hiram Peck, Planning Consultant, submitted a draft amendment to the Zoning Regulations, dated July 29, 2016, pertaining to lighted signs as requested by the Commission for their consideration.    Mr. Peck also included a slide presentation of different examples of LED pedestal signs.  Commission members reviewed, discussed and offered revisions to draft amendment.  Mr. Peck will make changes and have Commission review and discuss amendment at the next regular meeting on September 7, 2016, before scheduling a public hearing.  Tabled.
 
 
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, reported on the following:       
  • Submitted report on Building Permits dated August 3, 2016.
  • Briefly discussed Grieger violations and complaint received regarding Freezer Hill Mulch located at 845 Carrington Road.
 
 
 
 
 
 
 
 
 
 
 
 
ADJOURNMENT
 
It was moved by Lambiase and seconded by Shea to adjourn the regular meeting at 8:15 p.m.
Voting for:  Brinton, Shea, Lambiase, Buchta, McDonald.
Unanimous approval.
 
Respectfully submitted,
 
 
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
 
 
 
 
EDNESDAY, AUGUST 3, 2016            Page 1 of 5

BOARD OF SELECTMEN
July 11, 2016
Page 1 of 1

 
DRAFT
 
Attendance:  Selectman Clark Hurlburt, Donald Shea.  Absent from the meeting was First Selectwoman Derrylyn Gorski
Visitors:   Attorney Kevin McSherry
The meeting was called to order at 7:30 p.m.  The meeting was held in the Selectmen’s Conference Room. 
WAIVING OF BUILDING DEPARTMENT FEES FOR NIANTIC BAY GOUP, LLC BUILDING A HOUSE FOR A DISABLED VETERAN IN BETHANY
 
The Niantic Bay Group have submitted a request to waive the building fees for a new home on 44 Mesa Drive to be built by them for a disabled veteran.  Following discussion motion moved by Selectman Shea to waive all Town of Bethany building fees for the Niantic Bay Group,  who are  building a  home on 44 Mesa Drive to be built by them, for a disabled veteran.  Selectman Hurlburt seconded the motion.  The vote taken was unanimous.
 
TAX REFUND
A motion was moved by Selectman Shea and seconded by Selectman Hurlburt to refund to C & D Bethany Properties LLC the sum of $48.99, to Cab East, LLC the sum of $794.90, to Daniel Poincelot the sum of $345.42, to Katherine or Kyle Pfeiffer the sum of $82.79, to Kevin W. Sullivan the sum of $178.05, to Marcel and Gabreille Lamy the sum of $50.13 and to Richard Janesky the sum of $51.12 all for overpayment of taxes.  The vote taken was unanimous.
 
ADDITION TO AGENDA
Selectman Shea move to add to the agenda WAIVING OF FEE FOR USE OF TOWN HALL GYM FOR FUND RAISER FOR LOCKETT MEADOW.  The motion was seconded by Selectman Hurlburt.  The vote taken was unanimous.
 
  WAIVING OF FEE FOR USE OF TOWN HALL GYM FOR FUND RAISER FOR LOCKETT MEADOW
 
Lockett Meadow has requested waiving of rental fee for the Town Hall gym on September 17, 2016 for a fund raiser.  Following discussion a motion was moved by Selectman Hurlburt and seconded by Selectman Shea to waive the fee for use of Town Hall gym for a fund raiser for Locket Meadow on September 17, 2016.  The vote taken was unanimous.
 
ADJOURNMENT
Adjournment was called at 7:40 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
JUNE 27, 2016
Page 1 of 2


DRAFT
Attendance:  First Selectwoman Derrylyn, Selectman Clark Hurlburt, Selectman Donald Shea
Visitors:   Francis Doba, Ben Florshime, Alan Green, William Brinton
First Selectwoman Gorski called the meeting to order at 7:30 p.m.  The meeting was held in the Selectmen’s Conference Room in the Bethany Town Hall. 
APPROVAL OF MINUTES
First Selectwoman Gorski call for a motion of approval for the minutes of June 23, 2016.  The motion was moved by Selectman Hurlburt and seconded by Selectman Shea to amend the minutes of the meeting of June 13, 2016 with modification.  The vote taken was unanimous.
Modification to June 13, 2016 minutes:
 
  • (Minutes amended 6/27/2016 by Board of Selectmen) “All local vendors with proper insurance and equipment will be invited to submit quotes.”)
     
    WAIVE BID FOR SALT SHED
     
    Alan explained the types and size of salt shed the Town of Bethany is considering to build at the Town Garage.  Alan explained that there are only a few companies that build a structure large enough with a dome type roof. Alan is requesting waiving of the bid process.  Following discussion a motion was moved by Selectman Shea and seconded by Selectman Hurlburt to waive the bidding process for the salt shed.  The vote was called.  The vote taken was unanimous. 
     
    ADDITION TO AGENDA
     
    Selectman Hurlburt moved a motion to add CARRINGTON CEMETERY to the agenda of this meeting.  The motion was seconded by Selectman Shea.  The vote taken was unanimous.
     
    CARRINGTON CEMETERY
     
    William Brinton reported to the Selectmen the progress that is being made to complete the pegging and mapping at Carrington Cemetery.  An additional $5,000 is needed to complete this work.  A motion was moved by Selectman Hurlburt and seconded by Selectman Shea to take an additional $5,000 from the Carrington Cemetrery Fund to complete the project.  The motion was given unanimous approval.
     
    SET OPENING AND CLOSING HOURS FOR VETERANS MEMORIAL PARK AND USE OF PARK BY NON RESIDENTS OF BETHANY
     
    The Board of Selectmen discussed the opening and closure hours for Veteran’s Memorial Park.  It was determined that during the late spring through early fall the park would be open from 7:00 a.m. to 8:00 p.m.  In the late fall through early spring the hours would be from 7:00 a.m. to 5:00 p.m.  The motion to set the hours as discussed was moved by Selectman Shea and seconded by Selectman Hurlburt.  The motion received unanimous approval. 
     
    The Selectmen discussed use of the park by people from out of town.  Janice Howard feels that the park is being used by more and more non- residents of Bethany.  There has been a fee of $100 charged per season for people who are not residents of Bethany.  There has been no enforcement to check license plates to see how many people are using it without a permit.
     
    The Selectmen discussed a fee schedule for use of the pavilion.  Following a discussion a motion was moved by Selectman Shea and seconded by Selectman Hurlburt to raise the fee for use of the pavilion beginning March 1, 2017 to $100 for residents and $200 for non- residents.  The vote taken was unanimous.  A motion was moved by Selectman Shea and seconded by Selectman Hurlburt  to increase the fee for use of the lodge to $350 for residents and $475 for non- residents.  Unanimously approved.
     
    ADDITION TO AGENDA
     
    Selectman Hurlburt moved to add to the agenda of this meeting WAIVE BIDDING PROCESS FOR FIRE DEPARTMENT RADIOS.            Selectman Shea seconded the motion.  The approval was unanimous.  Unanimously approved.
     
    RFP PROCESS FOR FIRE DEPARTMENT RADIOS.     
     
     The fire department will be sending out RFP’s for the new radio system.    The department is asking use of the State web site for this purpose rather than putting it in the New Haven Register.  The RFP will go out July 1, 2016 and bids will be open August 15, 2016.  Selectman Shea moved to use the State of Connecticut web site rather than the New Haven Register.  The motion was seconded by Selectman Hurlburt.  The vote taken was unanimous.
     
    ADJOURNMENT
     
    Adjournment was called at 8:45 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