Tuesday, July 7, 2009

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSIONREGULAR MEETING OF MONDAY, JUNE 22, 2009 Page



The regular meeting of the Inland Wetlands Commission was called to order at 7:36 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, who arrived at 7:47 p.m.
Jon Painter, Member
Jack Ellison, Member
Kristine Sullivan, Alternate Member, seated as a regular Member

The following member of the Commission was absent:
John Kane, Member

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


APPROVAL OF MINUTES

1. It was moved by Painter and seconded by Breslin to approve, as submitted, the minutes of the March 23, 2009, Regular Meeting.
Voting for: Breslin, Painter, Sullivan
Unanimous approval.

2. It was moved by Sullivan and seconded by McGregor to approve, as submitted, the minutes of the April 11, 2009, Special Meeting/Site Visit.
Voting for: McGregor, Sullivan
Unanimous approval.

3. It was moved by Ellison and seconded by Breslin to approve, as submitted, the minutes of the April 27, 2009, Regular Meeting.
Voting for: McGregor, Breslin, Ellison, Sullivan
Unanimous approval.

4. It was moved by Breslin and seconded by Painter to approve, as submitted, the minutes of the May 19, 2009, Special Meeting.
Voting for: McGregor, Breslin Painter, Sullivan.
Unanimous approval.

5. It was moved by Breslin and seconded by Sullivan to approve the minutes of the June 6, 2009, Special Meeting with the following correction:
Page 1, Roll Call Section – Reads “PRESENT: Alexandra Breslin and Patricia McGregor Co-Chairman” Change to “PRESENT: Patricia McGregor, Chairman and Alexandra Breslin, Vice-Chairman”.
Voting for: McGregor, Breslin, Sullivan
Unanimous approval.



GENERAL CORRESPONDENCE

1. Letter from Isabel Kearns, IW Agent, to Mary Ellen Unger of 82 Russell Road, dated May 5, 2009, Re: Notice of Violation, creation of trails within the conservation area, 82 Russell Road.
2. Letter from RWA dated June 18, 2008, Re: review of proposed grading in rear yard for horse ring barn, 184 Sperry Road.
3. Letter from RWA to Bethany ZBA, dated June 4, 2009, Re: Review of application for variances for horse ring barn at 184 Sperry Road.
4. Letter from Isabel Kearns, IWEO, to Mr. and Mrs. Franco Carbone of 421 Fairwood Road, dated June 9, 2009, Re: Notice of Violation, stockpiling and grading at 421 Fairwood Road.
5. Letter from RWA dated May 21, 2009, Re: Review of application for 523 Carrington Road, Three-lot subdivision.
6. Letter from DTC dated May 26, 2009, Re: Review of revised plans dated April 29, 2009, for 523 Carrington Road, Woodland Farm Resubdivision.
7. Letter from RWA dated May 18, 2009, Re: Review of application for 212 Fairwood Road, addition on porch and deck on single family dwelling.
8. Letter form The Connecticut Land Conservation Council, dated April 2009, Re: Requesting financial support for 2009. It was moved by McGregor and seconded by Painter to approve the payment of $100.00 to the Connecticut Land Conservation Council as a contribution for financial support for 2009. Unanimous approval. Breslin abstained.
9. Letter from State of CT DEP to State of CT DOT, dated May 26, 2009, Re: DOT Owned Dam Inspections – Leys Pond Dam – Bethany.
10. Brochure from Connecticut Light & Power, Call Before You Dig, submitted May 29, 2009.

NEW BUSINESS

1. Edwards Road, Application #1126 submitted by Connwood Foresters, Inc./Connecticut Water Company for an Inland Wetlands Permit for a temporary intermittent stream crossing – Present for this application was John O’Donnell, Staff Forester, Connwood Foresters, Inc. The application was received on June 5, 2009. Mr. O’Donnell reviewed the proposed activity to be conducted and stated that he submitted a narrative of the timber harvesting operation and the intermittent stream crossing. Mr. O’Donnell stated the crossing will be minimal and the DEP Best Management Practices will be followed. The Commission discussed and proceeded to deliberate. It was moved by Painter and seconded by Sullivan to approve Application #1126 submitted by Connwood Foresters, Inc. and the Connecticut Water Company for an Inland Wetlands Permit for a temporary intermittent stream crossing as presented in the Narrative entitled, “Notice of Timber Harvesting Operations”, with attached Topographic Map of project area, submitted April 20, 2009, prepared by Connwood Foresters, Inc. and with the following conditions in addition to the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
Prior to the commencement of work, the applicant must contact the Inland Wetlands Enforcement Officer for field check and approval.
Work to be done in the dry or frozen season.
Applicant to follow the State of Connecticut, Department of Environmental Protection, Stream Crossings, Best Management Practices for water quality while harvesting forest products.
Unanimous approval.


2. 82 Russell Road (Mary Ellen Unger), Notice of Violation dated May 5, 2009, Trail in vicinity of the proposed barn within the conservation area – No one was present for this discussion. Chairman McGregor stated the Notice of Violation dated May 5, 2009, was not accurate with the location of the trail mentioned. The IWEO will correct and reissue Notice of Violation. Tabled.

3. 184 Sperry Road, Application #1128, submitted by Elizabeth Doering for and Inland Wetlands Permit for grading in the backyard – Present for this application was John Paul Garcia, P.E./L.S., representing the applicant, and Elizabeth Doering, applicant. Mr. Garcia stated that Ms. Doering would like to grade her backyard to be able to ride her horses and that the proposed activity is 250 feet away from the wetlands. Commission members discussed and stated this is not a regulated activity; therefore, it was the consensus of the Commission that no Inland Wetlands Commission action is required.

4. 421 Fairwood Road, Application #1129 , submitted by Meghan and Frank Carbone for an Inland Wetlands Permit to restore earth due to water runoff from the road – Present for this application were Meghan and Frank Carbone, applicants and owners or record. The Commission received the application. Isabel Kearns, IWEO, stated she issued a Notice of Violation dated June 9, 2009, pertaining to the grading near the wetlands. Mrs. Carbone stated the water runoff from the road runs down their property and makes ruts and that they would like to bring in top soil and plant seed for a lawn. Mrs. Carbone also stated Mr. Alan Green, Public Works Director, visited the property and stated the Town will be installing curbing as soon as the funding is available. The Commission mentioned that the Yale Bog is behind their house and the applicant must be mindful of what goes on the lawn and that the work has to be done after curbing is complete. Tabled.


OLD BUSINESS

1. 523 Carrington Road (Woodlot Farm), Application #1119 submitted by John Paul Garcia for an IW Permit for a Three-Lot Resubdivision – Member Jack Ellison recused himself. Present for this application was John Paul Garcia, P.E./L.S., applicant. Mr. Garcia submitted revised plans, revised to June 17, 2009, Drawing No. S-1, C-1, and C-2 and reviewed with the Commission the new easement area and restrictions. Ken Martin, Chairman of the Conservation Commission, handed out to Commission members a sheet of the draft language of the Restrictive Conservation Easement on Lot 1, Restrictions and asked for any suggestions to the language. The Commission members reviewed the sheet and made comments. Commission members discussed and proceeded to deliberate. It was moved by Sullivan and seconded by Painter to approve Application #1119 submitted by John Paul Garcia for a Inland Wetlands Permit for a Three-Lot Resubdivision located at 523 Carrington Road in a accordance with the following submitted plans prepared by John Paul Garcia, Bethany, Connecticut:
A. “Proposed Resubdivision of Woodlot Farm”, dated January 27, 2009, revised to June 17, 2009, Drawing No. S-l.
B. “Proposed Site Plan of Woodlot Farm”, dated January 27, 2009, revised to June 17, 2008, Drawing No. C-1.
C. “Proposed Site Plan of Woodlot Farm”, dated January 27, 2009, revised to June 17, 2008, Drawing No. C-2.


D. “Details and Specifications for Woodlot Farm”, dated January 27, 2009, with no revisions, Drawing No. C-3.
E. “Soil Erosion and Sediment Control Plan for Woodlot Farm, dated January 27, 2009, with no revisions, Drawing No. C-4.

And with the following conditions in addition to the standard conditions found on the Land Records, Volume 93, Page 802 and Page 803:

A. The final Conservation Easement language must be reviewed and approved by the Inland Wetlands Commission.
B. Prior to any development on Lots 2 and 3, each individual lot will require an Inland Wetlands Permit for a residential site development.
C. The record mylar must include a note that Lots 2 and 3 will require an Inland Wetlands Permit for a residential site development.
D. The Inland Wetlands Commission will have the ability to review any future development of the site that might have the potential of impacting any onsite or offsite wetlands.
Unanimous approval.

2. 212 Fairwood Road, Application #1124 submitted by Nancy Monocchi for a Site Plan to extend the existing sun porch/accessory building – No one was present for this application. The Commission discussed and proceeded to deliberate. It was moved by Sullivan and seconded by Ellison to approve Application #1124 submitted by Nancy Monocchi for an Inland Wetlands Permit for a Site Plan to extend the existing sun porch/accessory building in accordance with the submitted plan, untitled, hand drawn prepared by the applicant, submitted April 22, 2009, and with the standard conditions found on the Land Records Volume 93, Page 802 and Page 803.
Unanimous approval.

3. 171 Amity Road, Application #1125 submitted by The Learning Collaborative – Gina McCaffrey) for a Site Plan to construct fire escapes, sidewalks, generator pad and apron – No one was present for this application. The Commission did not receive the details they requested at the May 26, 2009, Regular Meeting concerning the roof runoff. The Commission discussed and proceeded to deliberate. It was moved by Sullivan seconded by Ellison to deny, without prejudice, Application #1125 submitted by The Learning Collaborative for an Inland Wetlands Permit for a Site Plan to construct fire escapes, sidewalks, generator pad and apron located at 171 Amity Road, unless the applicant grants an extension of time until the next regular meeting of July 27, 2009, to allow the applicant to submit additional information to address the concern raised by the Commission regarding how the roof drainage will be handled, or submits the information requested before July 1, 2009, and the Inland Wetlands Commission will schedule a Special Meeting on June 29, 2009, to act on said application.
Unanimous approval.







4. 1070 Amity Road (Bethany Mobile Home Park), Application #1127 submitted by Garden Homes Management for an Inland Wetlands Permit for a new well line for drinking water pump station modifications – No one was present for this application. The Commission received this application at a Special Meeting on June 6, 2009. Commission members discussed and proceed to deliberate. It was moved by Sullivan and seconded by Breslin to approve Application #1127 submitted by Garden Homes Management for an Inland Wetlands Permit for a new well line for drinking water pump station modifications, in a accordance with the following submitted plans prepared by Lenard Engineering, Inc., Connecticut:

A. “Site Plan”, dated May 15, 2009, with no revisions, Drawing #S1.
B. “Details”, dated May 15, 2009, with no revisions, Drawing #D1.

And with the following conditions in addition to the standard conditions found on the Land Records, Volume 93, Page 802 and Page 803:

A. The requirement that the sediment and erosion control measures be installed and inspected by the Inland Wetlands Enforcement Officer prior to any other work commencing on the project.
Unanimous approval.


5. 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 – No one present. Isabel Kearns, IWEO, submitted a letter from Mr. and Mrs. Bruce Hitchcock to Mr. Rod White, Bethany Fire Marshal, dated June 15, 2009. The Commission would like clarification and status from Town Counsel as to if this is a civil matter and not a Commission matter. Tabled.
6. 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, IWEO, submitted a letter from Mr. and Mrs. Bruce Hitchcock to Mr. Rod White, Bethany Fire Marshal, dated June 15, 2009. The Commission would like clarification and status from Town Counsel as to if this is a civil matter and not a Commission matter. Tabled.


7. 185 Fairwood Road, Reconvene “Show Cause” Hearing pertaining to the Cease & Restore Order Issued to William Grieger, dated May 1, 2007 – The Commission would like clarification and status from Town Counsel as to if this is still a Commission matter. Tabled.


8. 185 Beacon Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Restore Order Issued to Daniel Cusano, dated June 20, 2006 – Isabel Kearns, IWEO, will be drafting a new order for the next regular meeting of July 27, 2009. Tabled.






9. 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 – Isabel Kearns, IWEO, stated the site is stabilized. Kris Sullivan abstaining. It was moved by Breslin and seconded by Painter to rescind the Cease and Desist Order dated November 20, 2009, based on the passage of time and the stabilization of the site at 27 Hamilton Drive. Unanimous approval.


10. Continue review and adoption process for the new Inland Wetlands Regulations (Adopt new Inland Wetlands Regulations at the same time as proposed Stormwater Regulations.) – The Commission would like to schedule a possible public hearing date. The Commission will discuss this at the next regular meeting on Monday, July 27, 2009. Tabled.


It was moved by Breslin and seconded by Sullivan to adjourn the regular meeting at 10:00 p.m.
Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
for the Inland Wetlands Commission