Monday, December 1, 2008

2008-11-17 Inland Wetlands Commission

The regular meeting of the Inland Wetlands Commission was called to order at 7:41 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:
Patricia McGregor, Chairman
Alexandra Breslin, Vice-Chairman
Jack Ellison, Member
John Kane, Member
Jon Painter, Member

Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer


APPROVAL OF MINUTES

1. It was moved by Kane and seconded by Breslin to approve, as submitted, the minutes of the October 20, 2008, Regular Meeting.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Nafis & Young dated October 28, 2008, Re: Report from site visit on October 28, 2008 to 268, 270 and 282 Wooding Hill Road.
2. Letter from Isabel Kearns, IWEO, to Daniel Cusano of 185 Beacon Road, dated October 21, 2008, Re: Notice of Violation at 185 Beacon Road.
3. Letter from Clarke & Pearson dated October 10, 2008, Re: 48 Clay Road, proposed house and garage.
4. Letter from Isabel Kearns, IWEO, to Kathy Consoli of 234 Amity Road, dated October 24, 2008, Re: 234 Amity Road, Site Grading near wetlands.
5. Letter from Kathy Consoli of 234 Amity Road, dated October 27, 2008, Re: Apology pertaining to site grading on property at 234 Amity Road. The Commission would like Kathy Consoli to submit an application for an Inland Wetlands Permit for the site work.
6. Letter from Isabel Kearns, IWEO, to John Kaluzynski of 204 Falls Road, dated October 28, 2008, Re: Sedimentation and erosion from driveway at 204 Falls Road. Working with Al Green.
7. Letter from State of Connecticut, Department of Environmental Protection, dated October 14, 2008, Re: 2008 Legislation and Regulations Advisory. The Commission scheduled a Special Meeting for Monday, December 1, 2008, at 7:00 p.m. to discuss the new legislation.


PUBLICATIONS AND WORKSHOPS

1. Pipeline Awareness, Safety Information for Public Officials, Fall 2008.



NEW BUSINESS

1. Discussion with Larry Secor of Nafis & Young regarding implementation of Illicit Discharge Ordinance. – Present for this discussion was Larry Secor of Nafis & Young. Mr. Secor distributed to the Commission members a copy of a proposed Bethany Inland Wetlands and Watercourses Application for Stormwater Management Plan Review. Mr. Secor reviewed the application and asked the Commission to review and consider the proposed application in relation to the following ordinances passed by the Town of Bethany:
· Illicit Discharge and Connection Stormwater Regulation (Ordinance)
· Post-Construction Stormwater Regulation (Ordinance)

The Commission scheduled a Special Meeting for Monday, December 1, 2008, at 7:00 p.m. to discuss these ordinances.

2. 33 Old Amity Road, Application #1115 submitted by Joseph Dellaselva (Nino Performance) for an Inland Wetlands Permit to construct an automobile service center - Present for this application was John Paul Garcia, P.E. L.S., representing the applicant. The Commission received the application. Mr. Garcia reviewed the proposed construction for an automobile service center. Mr. Garcia submitted with the application the “Site Stormwater Management Plan” dated October 30, 2008. Mr. Garcia stated a lot line revision is required for the placement of the septic system. The Commission scheduled a site visit for Saturday, November 22, 2008, at 8:30 a.m. Commission members to meet at the Teddy B’s parking lot (136 Amity Road). Tabled.


It was moved by Breslin and seconded by Kane to amend the agenda to discuss a proposed application submitted by Marc D’Andrea to locate a storage shed at 161 Falls Road. Mr. D’Andrea stated he would like to store his equipment for his hayfield and fruit trees in the proposed shed. It was determined by the Commission that the use is an agricultural use and a permit is not necessary. The Commission directed the Clerk to prepare the appropriate letter to communicate to the Planning and Zoning Commission that there is no IWC action required due to the agricultural use.


It was moved by Kane and seconded by Breslin to amend the agenda to accept and receive an application submitted by Joseph and Kathleen Gorman for an Inland Wetlands Permit to construct a 30 foot by 30 foot detached garage located at 169 Schaffer Road. Tabled.


OLD BUSINESS

1. North of 861 Litchfield Turnpike, Application #1114 submitted by Town of Bethany for an Inland Wetlands Permit to install one new 36” PVC pipe across Litchfield Turnpike - No one was present for this application. Commission members discussed and proceeded to deliberate. It was moved by Kane and seconded by Ellison to approve Application #1114 submitted by the Town of Bethany for an Inland Wetlands Permit to install one new 36-foot PVC pipe across Litchfield Turnpike in accordance with the submitted plan, untitled, submitted October 10, 2008, with hand-drawn markings prepared by Alan Green, Public Works Director, and with the standard conditions found on the Land Records Volume 93, Page 802 and Page 803.


2. 268 Wooding Hill Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Desist Order issued to Mr. and Mrs. Bruce Hitchcock of 268 Wooding Hill Road, dated October 5, 2007 – See Item 3. Tabled.
3. 270 Wooding Hill Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Desist Order issued to William Palmieri and Kathryn Sylvester of 270 Wooding Hill Road, dated October 5, 2007 – Isabel Kearns, Inland Wetlands Enforcement Agent, stated the project has not been completed at this time. Tabled.

4. 185 Fairwood Road, Reconvene “Show Cause” Hearing pertaining to the Cease & Restore Order Issued to William Grieger, dated May 1, 2007 – No one was present. Tabled.

5. 185 Beacon Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Restore Order Issued to Daniel Cusano, dated June 20, 2006 – No one was present. The Commission directed the Inland Wetlands Enforcement Agent to move forward with the Town Attorney pertaining to this property. Pat McGregor and Sandy Breslin stated they would like to have a conference call with the Town Attorney. Tabled.

6. 27 Hamilton Drive, Reconvene “Show Cause” Hearing pertaining to the order to Cease Activity Issued to Daniel Dinas and Angela Cunha, dated May 9, 2006 – No one was present. Tabled.

7. Continue review and adoption process for the new Inland Wetlands Regulations (Adopt new Inland Wetlands Regulations at the same time as proposed Stormwater Regulations.) – Tabled.


OTHER BUSINESS

A. Discussion with IWEO pertaining to proposed “General Permit” for proposed activity for minor maintenance work with the Public Works Department of the Town of Bethany. The Commission would like to continue with the same application process with the Public Works Department as they have done in the past.


B. Appropriate letters to be prepared by the Clerk to communicate to the Planning and Zoning Commission that there is no IWC action required for the following properties:
· 78 Schaffer Road
· 11 Emerald Lane
· 21 Emerald Lane
· 31 Emerald Lane
· 41 Emerald Lane

WETLANDS ENFORCEMENT OFFICER’S REPORT

The following sites were inspected to determine whether IWC action is required for the proposed activities:
1) 350 Amity Road No IWC Action Required.
2) 169 Schaffer Road IWC Action Required.

The following sites were inspected for permit compliance during construction:
1) 88 Litchfield Turnpike Site Work not started.
2) 892 Amity Road Re-Inspection required.



It was moved by Ellison and seconded by Painter to adjourn the regular meeting at 9:02 p.m.
Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
for the Inland Wetlands Commission