MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION
REGULAR MEETING OF MONDAY, JULY 27, 2009 Page 1 of 5
The regular meeting of the Inland Wetlands Commission was called to order at 7:34 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
John Kane, Member
Jon Painter, Member
Kristine Sullivan, Alternate Member, seated as a regular member.
Brian Smith, Alternate Member
The following members of the Commission were absent:
Alexandra Breslin, Vice-Chairman
Jack Ellison, Member
Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer
Karen Walton, Land Use Assistant
ELECTION OF OFFICERS
1. It was moved by Kane and seconded by Sullivan that the Inland Wetlands Commission elects Patricia McGregor as the Commission Chairman for the term of July 2009 to June 2010. Unanimous approval.
2. It was moved by Kane and seconded by Sullivan that the Inland Wetlands Commission elects Alexandra Breslin as Commission Vice-Chairman for the term of July 2009 to June 2010. Unanimous approval.
3. It was moved by Sullivan and seconded by Kane to reaffirm that being consistent with Section 22a-44 of the General Statutes and with Section 14.3 of the IW Regulations, the Inland Wetlands Commission has the authority to authorize its agent, Isabel Kearns, to take actions or investigations necessary to the enforcement of these Regulations, as per Section 3.F of the Inland Wetlands Bylaws. Unanimous approval.
4. It was moved by Kane and seconded by Painter that in the absence of the Inland Wetlands Agent, Isabel Kearns, the Inland Wetlands Commission designates Karen Walton, Land Use Assistant, to take actions or investigations necessary to the enforcement of the Inland Wetlands Regulations, as per Section 3.F of the Inland Wetlands Bylaws. Unanimous approval.
APPROVAL OF MINUTES
1. It was moved by Painter and seconded by Kane to approve the minutes of the June 22, 2009, Regular Meeting with the following correction:
· Page 3, #4, Second Sentence – Reads “Present for this application were Meghan and Frank Carbone, applicants and owners or record.” Change to “Present for this application were Meghan and Frank Carbone, applicant and owners of record.”
Voting for: McGregor, Kane, Painter, Sullivan.
Unanimous approval.
2. It was moved by Kane and seconded by Sullivan to approve, as submitted, the minutes of the June 29, 2009, Special Meeting.
Voting for: McGregor, Kane, Painter, Sullivan.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from QVHD, dated July 22, 2009, Re: Review comments from Application #1130, 265 Beacon Road, Construction of a pavilion.
2. Letter from Isabel Kearns, Inland Wetlands Agent, to Mrs. Mary Ellen Unger of 82 Russell Road, dated June 24, 2009, Re: 82 Russell Road, corrected Notice of Violation.
3. Letter from Isabel Kearns, Inland Wetlands Agent, to Mr. Daniel Cusano of 185 Beacon Road, dated July 20, 2009, Re: Cease & Desist Order at 185 Beacon Road.
4. Letter from RWA to Isabel Kearns, dated July 13, 2009, Re: RWA selected contractor for new bridge at Old Mill Road.
PUBLICATIONS AND WORKSHOPS
1. Email from John Rozum of CT NEMO Director to Isabel Kearns, dated July 22, 2009, Re: Basic Training for Land Use Commissioners, Fall 2009.
2. Connecticut Federation of Lakes News, July 2009.
3. The Habitat, Spring 2009. (Newsletter of the Connecticut Association of Conservation and Inland Wetlands Commissions, Inc.)
NEW BUSINESS
1. 265 Beacon Road – Veteran’s Memorial Park, Application #1130 submitted by the Town of Bethany for an IW Permit to construct a pavilion – Present for this application was Nick Poulmas, member of the Park and Recreation Commission, representing the Town. The Commission received the application. Mr. Poulmas reviewed with the Commission the proposed project and stated the Town would like to start this project as soon as possible. Mr. Poulmas also stated the septic system was installed last year and the construction portion is out to bid. Tabled.
2. 82 Russell Road (Mary Ellen Unger), Corrected Letter of Violation dated June 24, 2009, ATV Trail created within conservation area – Present were Mark and Mary Ellen Unger, owners of record. Chairman McGregor stated the initial letter of violation issued May 5, 2009, was incorrect and the IWEO prepared a new letter, issued June 24, 2009. The Commission explained to the owners that the ATV riding in the wetlands needs to stop and the area disturbed needs to be restored. Mr. and Mrs. Unger agreed to cease the ATV riding in the wetlands area and to restore the area. The Commission asked Isabel Kearns, IWEO, to return to the subject property in the fall to inspect the restoration.
3. 185 Beacon Road (Daniel Cusano), Cease and Restore Letter dated July 20, 2009, Reapply for an after-the-fact barn, manure deposited in regulated area – No one was present for the Show Cause Hearing. It was moved by Sullivan and seconded by Painter to affirm the Cease and Restore Order issued July 20, 2009, relative to the after-the-fact barn and deposition of fill in a “regulated” wetland area. Unanimous approval.
OLD BUSINESS
1. 421 Fairwood Road, Application #1129, submitted by Meghan and Frank Carbone for an Inland Wetlands Permit to restore their backyard due to water runoff from the road – Present for this application was Frank Carbone, applicant and owner of record. Isabel Kearns, IWEO, reiterated the problem with the water runoff from the road to the subject property and stated the curbing has not been completed by the Public Works Department at this time. Ms. Kearns will contact Al Green, Public Works Director and investigate other options to handle runoff that are environmentally friendly. The Commission discussed and proceeded to deliberate. It was moved by Kane and seconded by Painter to approve Application #1129 submitted by Meghan and Frank Carbone for an Inland Wetlands Permit to restore their backyard due to water runoff from the road in accordance with the submitted plan, untitled, hand drawn prepared by the applicant, submitted June 17, 2009, and with the following conditions in addition to the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
A. Use only environmentally friendly products on lawn so there is no adverse impact on the wetlands and the Bethany bog.
B. The applicant is not to start the restoration until the Public Works Department has installed the curbing. Also, the applicant stated he will place hay bales to deflect any water runoff in the area where grass will be planted.
Unanimous approval.
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 – No one present. Isabel Kearns, IW Agent, stated the driveway drainage has been completed. It was moved by Kane and seconded by Painter to rescind the Cease and Desist Order issued October 5, 2007, relative to the water runoff and subsequent erosion and sedimentation that were occurring from your driveway and the common driveway. Unanimous approval.
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 – No one present. Isabel Kearns, IW Agent, stated the driveway drainage has been completed. It was moved by Kane and seconded by Sullivan to rescind the Cease and Desist Order issued October 5, 2007, relative to the water runoff and subsequent erosion and sedimentation that were occurring from your driveway and the common driveway. Unanimous approval.
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. It was moved by Painter and seconded by Kane to affirm the Cease and Restore Order issued May 1, 2007, relative to the stockpiling of earth material in a regulated area.
Abstained: Sullivan, Smith
Voting were: McGregor, Kane, Painter
Unanimous approval.
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. It was moved by Sullivan and seconded by Kane to rescind the Cease and Desist Order issued June 20, 2006, relative to the depositing of fill in the wetlands. Unanimous approval.
6. Continue review and adoption process for the new Inland Wetlands Regulations – It was moved by Sullivan and seconded by Painter to schedule a public hearing at the regular meeting scheduled for September 28, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. 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) 110/120 Hatfield Hill Road No IWC Action Required.
2) 70 Bear Hill Road No IWC Action Required
3) 534 Amity Road IWC Action Required
4) 295 Bear Hill Road No IWC Action Required
5) 56 Brookwood Road No IWC Action Required
The following sites were inspected relative to current applications:
1) 274 Amity Road Re-Inspection Required
The following sites were inspected for permit compliance during construction:
1) 161 Falls Road Re-Inspection Required
Miscellaneous:
1) 268/270 Wooding Hill Road Recommend Rescind Order
2) 184 Sperry Road Referred to Public Works
It was moved by Sullivan and seconded by Kane to adjourn the regular meeting at 8:42 p.m.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
