Tuesday, February 17, 2009

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION
REGULULAR MEETING OF JANUARY 26, 2009

The special meeting of the Inland Wetlands Commission was called to order at 7:40 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, who arrived at 7:45 p.m.
Alexandra Breslin, Vice-Chairman, Acting Chairman until Patricia McGregor arrived.
Jack Ellison, Member
John Kane, Member
Jon Painter, Member
Kristine Sullivan, Alternate Member

Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer
Karen Walton, Land Use Assistant


APPROVAL OF MINUTES

1. It was moved by Ellison and seconded by Painter to approve, as submitted, the minutes of the January 5, 2009, Special Meeting.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Diversified Technology Consultants, dated January 13, 2009, Re: Review of Site Plan for 33 Old Amity Road, proposed Nino’s Garage.
2. Letter from Elizabeth Gorman of 169 Schaffer Road, dated January 6, 2009, Re: Conditions of approval for Application #1116 to construct detached garage located at 169 Schaffer Road.
3. Letter from SCC Regional Water Authority dated January 6, 2009, Re: Review of application for 169 Schaffer, construct detached garage.
4. Letter from QVHD to John Fanotto, P.E., dated December 16, 2008, Re: Rescind and revoke previously approvals for subsurface sewage disposal system plans for Rolling Green Acres Subdivision in Bethany (Emerald Lane).
5. Letter from SCC Regional Water Authority, dated January 12, 2009, Re: SCCRWA is a grant recipient under the State’s Open Space and Watershed Land Acquisition Program.
6. Letter from Isabel Kearns, IWEO, to State of CT, Department of Environmental Protection, dated January 5, 2009, Re: Annual Report required by Section 6(i)(2) of the Permit for the Discharge of Stormwater from the Town of Bethany’s small storm sewer system.
7. Letter from Connecticut Land Conservation Council, dated December 30, 2008, Re: Thank you for 2008 contribution.
8. Letter from Aquatic Control Technology, Inc., dated January 9, 2009, Re: Aquatic Pesticide Permit Application for Lewis Pond, Litchfield Turnpike.






PUBLICATIONS AND WORKSHOPS

1. Connecticut Federation of Lakes, CFL News, December 2008.
2. The Habitat, Fall 2008.


NEW BUSINESS

1. Old Mill Road at Sargent River, Application #1117 submitted by SCC Regional Water Authority for an IW Permit for the reconstruction of Old Mill Road Bridge over Sargent River – Present for this application was Mr. Lawrence Marcik, P.E. from the SCC Regional Water Authority. Mr. Marcik reviewed with the Commission the proposed project and stated the bridge is in poor shape and is temporarily closed for vehicle traffic. Also, Mr. Marcik stated the RWA wants to maintain a rustic view of the new bridge.

The following public people commented:
a) Patsy Winer owner of 7 Carrington Road – Questioned the proposed riprap.
b) Ken Martin, Chairman of the Conservation Commission – Questioned the width of the new bridge.

The Commission discussed and scheduled a public hearing date due to the significant activity. The public hearing is scheduled at the next regular meeting of Monday, February 23, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall.

The Commission scheduled a special meeting/site visit for Sunday, February 8, 2009, at 1:00 p.m. Commission members to meet at the site.
Tabled.


OLD BUSINESS

1. 33 Old Amity Road, Application #1115 submitted by Joseph Dellaselva (Nino Performance) for an Inland Wetlands Permit to construct an automobile service center - No one was present for this application. Isabel Kearns, IWEO, stated the proposed septic system is being reviewed by the State of Connecticut, Department of Public Health and Mr. John Garcia is working with them to resolve any discrepancies. Tabled.

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. 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.) – Commission scheduled a special meeting for Monday, February 9, 2009, at 7:30 p.m. to discuss and take possible action on the proposed regulations. Clerk will find a location to hold the meeting. Tabled.

WETLANDS ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

The following sites were inspected to determine whether IWC action is required for the proposed activities:
1) 56 Sperry Road No IWC Action Required

The following sites were inspected for permit compliance during construction:
1) 161 Falls Road Re-Inspection Required
2) 674 Amity Road Re-Inspection Required
3) 274 Amity Road Re-Inspection Required
4) 48 Clay Road Re-Inspection Required


93 Peck Road – Mr. Peter Verab, owner of record, stated he would like to plant Christmas trees on his property. Mr. Verab stated he spoke with the Bethany Tree Warden and Mr. Pantelone would like a 50-foot buffer zone. The Commission discussed and determined this proposed project is an as of right operation per Section 4.1 of the Bethany Inland Wetlands and Watercourse Regulations and therefore, there is no Commission action.


It was moved by Kane and seconded by Breslin to accept and approve the proposed Inland Wetlands Commission Regular Meeting Schedule for 2009 prepared by the Clerk.
Unanimous approval.


It was moved by Kane and seconded by Breslin to adjourn the regular meeting at 9:23 p.m.
Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk